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Regulators Move to Implement New Pension Guidelines

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  • Regulators Move to Implement New Pension Guidelines

Regulators of the Contributory Pension Scheme in Lagos State and federal level are working together to implement new guidelines that have been introduced since the amended of the Pension Reform Act in 2014, investigation has revealed.

After the amendment of the Pension Reform Act in 2014, the National Pension Commission introduced some draft and new guidelines to enforce sections in the country’ statutory pension laws.

The Lagos State Government, in an early lead in adopting the CPS compared to other states of the federation, is also amending its pension laws to align with the provisions of the PRA 2014.

Some of the drafts and guidelines released by PenCom in recent years are the multi-fund structure, pension enhancement for retirees on programmed withdrawal, harmonisation of pension entitlements, access to the RSA (the mortgage option), and minimum pension guarantee.

The Director-General, Lagos State Pension Commission, Mrs. Folashade Onanuga, said it was cogent to update officials of government in charge of pension matters on innovations in the PRA 2014.

During a seminar on update on the CPS in Lagos, she said the contributory pensions that Lagos State subscribed to was not an isolated scheme, but a programme that was introduced by the Federal Government, with PenCom as the regulator.

According to her, PenCom is the national regulator of the CPS while LASPEC is the Lagos state’s regulator.

Onanuga said, “We also need to have a feel of the innovations coming from PenCom to exchange ideas as state regulators. We understand that everything Lagos State tries to do is to benefit the workers and we need to do this within the confines of the CPS.”

The director-general said the state was also sensitising the parastatals and agents of government to the need to comply with the Group Life Insurance Policy.

Fund structure

While speaking on one of the guidelines, an official of PenCom, Mr. Babatunde Philips, said that in 2017, PenCom released the amended regulation on investment of pension fund assets.

He said the new investment guidelines introduced a multi-fund structure, which replaced the former structure that put all active contributors into one Retirement Savings Account fund without consideration for age or risk profiles of such contributors.

Under the new structure, he explained that all the PFAs would be offered the multi-fund structure for the RSA comprising four funds and differed based on overall exposure to variable income instruments, and that the different funds would be made to fit the ages and risk profiles of contributors.

“The fund types include Fund I, which is for young contributors based on choice; Fund II for young and middle-aged contributors (ages 49 years and below); Fund III: for pre-retirees (ages 50 years and above) and Fund IV for retirees,” he said.

Pension enhancement

After much clamouring for enhancement of pensions under the CPS, Philips said that PenCom addressed this following the appreciable growth in the RSAs of retirees.

He said the commission developed a framework to set out the modalities for enhancement of the pensions of retirees on the PW under the CPS based on surpluses generated from return on investment on retirees’ funds.

Harmonisation of pension entitlements

Section 173 (1) of the 1999 Constitution (as amended) provides that “the right of a pension in the public service of the federation to receive pension or gratuity shall be regulated by law” – the law in the case of the CPS is the PRA 2014.

Section 173 (3) of 1999 Constitution (as amended) provides that “pensions shall be reviewed every five years or together with any federal civil servants’ salary reviews, whichever is earlier” for the Defined Benefit (old) Pension scheme.

According to PenCom, the pension enhancement framework in line with one of the objectives of the PRA 2014 seeks to harmonise the pension rights of retirees in both the private sector as well as in the public sector of the federal, state and local governments in Nigeria.

Residential mortgage option

Section 89 (2) 0f the PRA 2014 provides that a PFA may, subject to guidelines issued by PenCom, apply a percentage of pension fund assets in the RSA towards payment of equity contribution for payment of residential mortgage by a holder of the RSA.

The main objective of section 89 (2) is to facilitate access by the RSA holders to residential mortgages as well as stimulate the housing/mortgage finance sector.

According to PenCom, the proposed establishment of a mortgage guarantee company by the Federal Government through the Central Bank of Nigeria will enable an RSA holder to obtain a mortgage loan based on a mortgage guarantee issued by the MGC and secured by a portion of the workers’ RSA balance.

Minimum pension

Section 84 (1) of the PRA 2014 provides that all RSA holders who have contributed to a licenced PFA for a number of years to be specified by the commission shall be entitled to a guaranteed minimum pension as may be specified from time to time by the commission.

PenCom stated that the GMP is the lowest benchmark of pension which an eligible retiree under the CPS receives as minimum pension.

“It is an absolute amount which is equivalent to a certain percentage (to be determined by the commission from time to time) of the national minimum wage,” it stated.

According to the commission, the MPG will cover the RSA holders who contribute and retire under the CPS.

It stated that retirees solely on the PW whose RSA balances could only provide a stream of incomes lower than the GMP at the point of retirement and whose RSA balances at the point of retirement could provide a stream of incomes equal or higher than the GMP would benefit from it.

Is the CEO/Founder of Investors King Limited. A proven foreign exchange research analyst and a published author on Yahoo Finance, Businessinsider, Nasdaq, Entrepreneur.com, Investorplace, and many more. He has over two decades of experience in global financial markets.

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Nigeria Advances Plans for Regional Maritime Development Bank

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Nigeria is making significant strides in bolstering its maritime sector with the advancement of plans for the establishment of a Regional Maritime Development Bank (RMDB).

This initiative, spearheaded by the Federal Government, is poised to inject vitality into the region’s maritime industry and stimulate economic growth across West and Central Africa.

The Director of the Maritime Safety and Security Department in the Ministry of Marine and Blue Economy, Babatunde Bombata, revealed the latest developments during a stakeholders meeting in Lagos organized by the ministry.

He said the RMDB would play a pivotal role in fostering robust maritime infrastructure, facilitating vessel acquisition, and promoting human capacity development, among other strategic objectives.

With an envisaged capital base of $1 billion, RMDB is set to become a pivotal financial institution in the region.

Nigeria, which will host the bank’s headquarters, is slated to have the highest share of 12 percent among the member states of the Maritime Organization of West and Central Africa (MOWCA).

This underscores Nigeria’s commitment to driving maritime excellence and fostering regional cooperation.

The bank’s establishment reflects a collaborative effort between the public and private sectors, with MOWCA states holding a 51 percent shareholding and institutional investors owning the remaining 49 percent.

This hybrid model ensures a balanced governance structure that prioritizes the interests of all stakeholders while fostering transparency and accountability.

In addition to providing vital funding for port infrastructure, vessel acquisition, and human capacity development, the RMDB will serve as a catalyst for indigenous shipowners, enabling them to access financing at favorable terms.

By empowering local stakeholders, the bank aims to stimulate economic activity, create employment opportunities, and enhance the competitiveness of the region’s maritime sector on the global stage.

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Economic Downturn Triggers Drop in Nigerian Air Cargo Activities

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Activity in Nigeria’s air cargo sector declined with cargo volumes dwindling across airports in the country.

The decline fueled by a myriad of factors including rising production costs, diminished purchasing power, and elevated exchange rates, has underscored the broader economic strain facing the nation.

Throughout 2023, key players in the sector, such as the Nigerian Aviation Handling Company (NAHCO) and the Skyway Aviation Handling Company (SAHCO), reported notable decreases in their total tonnage figures compared to the previous year.

NAHCO recorded a six percent decline in total tonnage to 61.09 million kg, while SAHCO’s total tonnage decreased to 63.56 million kg. These declines were observed across various services, including import, export, and courier.

According to industry experts, the downturn in cargo volumes can be attributed to the escalating costs of production, which have soared due to various factors such as higher diesel prices, increased supply chain costs, and fuel surcharges.

Also, the adverse impact of elevated exchange rates, influenced by Central Bank of Nigeria’s policies on Customs Currency Exchange Platform, has further exacerbated the situation.

Seyi Adewale, CEO of Mainstream Cargo Limited, highlighted the challenges facing the industry, pointing to higher local transport and distribution costs, as well as the closure of production/manufacturing companies.

Adewale also noted government policies aimed at promoting local sourcing of raw materials, which have added to the complexities faced by cargo operators.

The broader economic downturn has led to a contraction in Nigeria’s economy, with imports declining as a response to the prevailing economic conditions.

Ikechi Uko, organizer of the Aviation and Cargo Conference (CHINET), emphasized the shrinking economy and reduced import activities, which have had a ripple effect on air cargo volumes.

Furthermore, the scarcity of foreign exchange and trapped funds experienced by carriers have contributed to the decline in cargo operations.

Major cargo airlines, including Cargolux, Saudi Cargo, and Emirates Cargo, have ceased operations in Nigeria, leaving Turkish Airlines as one of the few carriers still operating, albeit on a limited scale.

The absence of freighter cargo airlines has forced importers and exporters to resort to chartering cargo planes at exorbitant rates, further straining the air cargo sector.

 

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Point of Sale Operators to Challenge CAC Directive in Court

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Point of Sale (PoS) operators in Nigeria are gearing up for a legal battle against the Corporate Affairs Commission (CAC) as they contest the legality of a directive mandating registration with the commission.

The move comes amidst a growing dispute over regulatory oversight and the interpretation of existing laws governing business operations in the country.

Led by the National President of the Association of Mobile Money and Bank Agents in Nigeria, Fasasi Sarafadeen, PoS operators have expressed staunch opposition to the CAC directive, arguing that it oversteps its jurisdiction and violates established legal provisions.

Sarafadeen, in a statement addressing the matter, emphasized that the directive from the CAC contradicts the Companies and Allied Matters Act (CAMA) of 2004, which explicitly states that the commission does not have jurisdiction over individuals operating as sole proprietors.

“The order to enforce CAC directive on individual PoS agents operating under their name is wrong and will be challenged,” Sarafadeen asserted, citing section 863(1) of CAMA, which delineates the commission’s scope of authority.

According to Sarafadeen, the PoS operators are prepared to take their case to court to seek legal redress, highlighting their commitment to upholding their rights and challenging what they perceive as regulatory overreach.

“We shall challenge it legally. The court will have to intervene in the interpretation of the quoted section of the CAMA if individuals operating as a sub-agent must register with CAC,” Sarafadeen stated, emphasizing the association’s determination to pursue a legal resolution.

The crux of the dispute lies in the distinction between individual and non-individual PoS agents. Sarafadeen clarified that while non-individual agents, operating under registered or unregistered business names, are subject to CAC registration requirements, individual agents conducting business under their names fall outside the commission’s purview.

“Individual agents operate under their names and are typically profiled with financial institutions under their names,” Sarafadeen explained.

“It is this second category of agents that the Corporate Affairs Commission can enforce the law on.”

Moreover, Sarafadeen highlighted the integral role of sub-agents within the PoS ecosystem, noting that they function as independent branches of registered companies and should not be subjected to the same regulatory scrutiny as non-individual agents.

“Sub-agents are not carrying out as an independent company but branches of a company,” Sarafadeen clarified, urging for a nuanced understanding of the operational dynamics within the fintech and agent banking industry.

In addition to challenging the CAC directive, Sarafadeen emphasized the need for regulatory bodies to prioritize addressing broader issues affecting businesses in Nigeria, such as the high failure rate of registered enterprises.

“The Corporate Affairs Commission should prioritize addressing the alarming failure rate of registered businesses in Nigeria, rather than targeting sub-agents,” Sarafadeen asserted, calling for a shift in regulatory focus towards fostering a conducive business environment.

As PoS operators prepare to navigate the complex legal terrain ahead, their decision to challenge the CAC directive underscores a broader struggle for regulatory clarity and accountability within Nigeria’s burgeoning fintech sector.

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