Ministry Clarifies Union Jurisdiction, Check-off Dues For Pensioners

The Federal Ministry of Labour and Employment has issued fresh guidance on the long-running dispute over check-off dues deductions among pensioners’ unions, formally clarifying the jurisdictional boundaries of the Nigeria Union of Pensioners (NUP) and the Federal Parastatals and Private Sector Pensioners Association of Nigeria (FEPPPAN).

The clarification is contained in an official letter addressed to the executive secretary of the Pension Transitional Arrangement Directorate (PTAD), a copy of which was obtained by journalists in Abuja.

The correspondence sets out the ministry’s definitive position on the scope of each union and the appropriate deduction and remittance of check-off dues.

In the letter, the ministry said it was writing “to formally bring to your (PTAD) attention the position of the Federal Ministry of Labour and Employment concerning the check-off dues of the unions, namely: Nigeria Union of Pensioners (NUP) and Federal Parastatals and Private Sector Pensioners Association of Nigeria (FEPPPAN) and the assignment of its jurisdictional scope.”

Signed by the director, Trade Unions Services and Industrial Relations, Falonipe Amos, for the  minister, Muhammad Maigari Dingyadi, the letter explained that “following due consideration and in the exercise of its statutory mandate, the ministry had taken a decision already communicated to PTAD regarding the regrouping of the union and clearly define its jurisdictional scope.”

It stressed that the decision was taken “in line with existing labour laws and regulations, with the objective of ensuring clarity, industrial harmony and effective administration of trade union activities.”

Reaffirming its position, the ministry stated that it had regrouped the Nigeria Union of Pensioners and approved its jurisdictional scope, advising PTAD to take note of and be guided by this position.

It further clarified that the Nigeria Union of Pensioners applies to “all pensioners from the Civil Service of the Federation, including local governments and educational institutions for which the government of the federation is responsible, who are under the old pension scheme (Defined Benefit Scheme).”

On FEPPPAN, the ministry said its membership is “open to all persons who have retired from any federal government parastatals, federal establishments now privatised, who are under the old pension scheme (Defined Benefit Scheme) and Private Sector Organisations. While excluding “Federal Civil Service, State Institution Pensioners, State parastatals pensioners under the old pension scheme (Defined Benefit Scheme) and contributory pensioners.”

Against this backdrop, the ministry stated that “check-off dues should be deducted and remitted to the appropriate union in line with the above jurisdictional scopes.”

The letter, however, introduced an important caveat, noting that the position was expressed without prejudice to existing court judgments and the provisions of section 5(3) of the Labour Act (Cap. L1 LFN, 2004), which empower workers to voluntarily contract out of the system in writing, emphasising that such contracting out must be done individually by each affected member.”