Pension Pain for Retired Judges

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Pension Pain for Retired Judges

By Louis Homer, Trinidadexpress.com

February 2, 2004

Retired Supreme Court judges have petitioned the President for an increase in their monthly pension. They also want an increase in other benefits because they are finding it difficult to make ends meet.

In a letter to President George Maxwell Richards 19 retired judges have pointed out that they have fallen on hard times and cannot survive on their monthly pensions, which range from $4,000-$11,500 a month. The amount they receive depends on the date of their retirement.

In addition to an increase in pension the judges are asking for medical assistance and chauffeur's allowance.

They also want some of the privileges they enjoyed while in office. These include foreign travel allowance, the use of diplomatic passports, as well as the use of the Priority Bus Route.

The judges have emphasised that they should enjoy financial independence while on retirement.

Among the judges whose names are on the petition are Justice Ulric Cross, World War 2 veteran and recipient of a national award; Justice Jean Permanand, another recipient of a national award; George Collymore, former Chairman of the Integrity Commission; Lennox Deyalsingh, Ralph Narine, Clebert Brooks, Bissoondath Ramlogan and Maurice Corbin.

In their letter to Richards the judges pointed out that "When a judge attains the age of retirement (65) he demits office and thereupon becomes entitled to a pension which is calculable by a provision which is nothing short of a convoluted colonial actuarial hangover unfortunately inherited at independence." They said the pension remains fixed and unchangeable for the rest of the judge's life.

The petition stated that "in Barbados and the Eastern Caribbean the retiring judge is in receipt of his full salary with index-linked periodic adjustments to ensure that the retiree is assured of a reasonable standard of living in advancing age when he may well be incapable of physical and intellectual exertions to improve his financial condition."

The petition noted that the Legal Profession Act of 1986 states that a person who previously held a substantive appointment as a judge of the Supreme courts of Trinidad shall not appear as an attorney at law in any of the courts of Trinidad and Tobago for a period of ten years commencing on the date of his retirement.

It was pointed out that the letter was sent to the President because judicial appointments are made by the president on the recommendation of the Legal Services Commission and it was customary that all matters relating to the judiciary were normally attended to by the President. This, it was said, was in keeping with the separation of the judiciary and the executive.
A retired judge, who requested anonymity told the Express: "It is ludicrous to tell a judge to retire at age 65 and be debarred from practicing for 10 years."

He added "In all other professions people are allowed to practice their profession on retirement, and this is also the case with magistrates."

Another retired judge said laws will soon be passed in Canada" to prevent any employer from compelling an employee to retire so long as he is capable of carrying on his work."

"No other class of people in society is similarly encumbered or has such restraint of trade inflicted upon them,” said the judge.

The Express learned that there were several retired judges who get a pension of "a little over $3,000 and are struggling to make ends meet, let alone the hefty medical bills they have to foot on a weekly basis." That was the amount they were due to get based on their pensionable salary when they retired some 15 years ago.

The stated "some of our esteemed retired colleagues are unfortunately gravely afflicted by ill health, and are experiencing financial trauma, largely the belated outcome of unsatisfactory retirement provisions and plan for retired judges."

The judges now join a number of other pensioners who are having difficulty to live on their pension while the cost of living continues to rise.

Last month a number of government pensioners told Junior Finance Minister Conrad Enill that there was need to review the pensions paid to former public service employees because of the rate of inflation.

Enill said then that "Government was aware that the system had substantial underfunded liabilities and was in need of revisions."

He added: "This unbalanced structure generally poses significant financial burdens on future generations."