LEGAL PRINCIPLE: PENSION LAW — Entitlement — Requirement of Qualifying Service
PRINCIPLE STATEMENT
An employee is not entitled to pension under the Pensions Decree No. 104 of 1979 where he has not put in the requisite number of years of service specified by the statute.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Isievwore v. NEPA (2002) NLC-601998(SC) at p. 11; Paras A–B.
"An employee is not entitled to pension under the Pensions Decree No. 104 of 1979 where he has not put in the requisite number of years of service specified by the statute."
EXPLANATION / SCOPE
Pension entitlement under the Pensions Decree is conditional on completing the qualifying period of service. The employee must meet the statutory requirement. Short of the qualifying period, no pension is payable. The principle applies to all employees covered by the Decree. The court will not award pension where the service requirement is not met. The rule ensures that pension funds are used only for qualifying employees. The employee may be entitled to other benefits. The burden is on the employee to prove qualifying service. The principle protects the pension scheme from unqualified claims. The court will apply the statutory requirement strictly.
