Complementary pensions (Mandatory)
Regulatory Framework
2014: the Pension Reform Act 2014 was enacted, which repealed the Pension Reform Act of 2004.
2004: The Pension Reform Act 2004 (PRA 2004); establishes the Contributory Pension Scheme for both private and public sector employees in Nigeria; establishes the National Pension Commission (PenCom) as the sole regulator and supervisor of the scheme; abolishes the Pension Act of 1990, the Police and Other Agencies Pensions Offices Act of 1993 and the Police Pension Rights of Inspector-General of Police Act of 1993; and replaces the non-contributory and the PAYG schemes in the public sector, the National Social Insurance Trust Fund (NSITF) and voluntary employer-sponsored retirement plans.
Types of Schemes
The CPS is a centrally-run fully funded defined contribution scheme in which assets are held in individual accounts. Employers do not play any role in the management of the scheme, however, they have the responsibility to deduct and remit both employer and employee portions of pension contributions into the RSAs of employees.
Employees are free to choose a PFA independently of their employer. Employees must notify their employers of the PFA chosen and furnish his/her employer with the Personal Identification Number (PIN) for eventual remittance into the individual account.
All CPS members may make voluntary contributions to their individual accounts. Voluntary contributions are also permitted in respect of members not covered by the CPS.
Institutional Framework
Any organization wishing to be licensed by the PenCom to carry on the business of a PFA must:
- be a duly incorporated limited liability company in Nigeria under the Companies and Allied Matters Act;
- have a minimum paid-up capital of NGN 1 billion;
- not engage in any business other than the management of pension funds;
- not have compounded its debt or failed to honour its obligations;
- have the professional and technical capacity to manage pension funds and administer retirement benefits; and
- possess appropriate information and communication technology to adequately cater for online real-time;
- transactions in addition to keeping proper accounting records.
Proof of all the above-mentioned must be sent to the PenCom together with, inter alia:
- a non-refundable application fee of NGN 500,000;
- an attestation that the applicant or its subscribers, proposed directors or officers have never mismanaged, either fully or partially, any fund;
- a draft copy of the Memorandum and Articles of Association of the applicant company;
- a feasibility report and/or business plan;
- five-year financial projections including balance sheet, profit and loss account and cash flow; and
- the structure of the proposed board and senior management, committees and internal control systems.
PFAs carry out the following main functions:
- open individual account for all members and issue a PIN;
- manage pension funds' assets;
- maintain books of account on all transactions relating to pension fund assets managed by it;
- provide regular information on investment strategy, market returns and other performance indicators of the investment accounts to PenCom, members and beneficiaries;
- provide customer service support to members, including access to members' account balances and statements as stipulated by regulations and on demand; and
- calculate and pay benefits.
Pension Fund Custodians (PFCs) are mandated to keep custody of pension funds and assets. PFCs also collect contributions on behalf of PFAs.
Any organization wishing to be licensed by the PenCom to conduct the business of a PFC must:
- be a duly incorporated limited liability company in Nigeria under the Companies and Allied Matters Act;
- have a minimum paid up capital of NGN 2 billion;
- be set up with the sole purpose of carrying out the business of a PFC;
- be wholly/jointly owned by licensed financial institutions with a minimum net worth of NGN 25 billion unimpaired by losses or as may be prescribed from time to time;
- have (or its parent company/companies has/have) a combined total balance sheet of at least NGN 125 billion;
- be capable of providing a guarantee to the full sum and value of pension fund assets held or to be held by it;
- have the professional and technical capacity to provide custodial services;
- have never been custodian of any fund which was mismanaged or has been in distress due to any fault; and
- possess appropriate information and communication technology that could adequately cater for online real-time transactions in addition to keeping proper accounting records.
Proof of all the above-mentioned must be sent to PenCom together with, inter alia:
- a non-refundable application fee of NGN 2 million;
- an attestation that the applicant or its subscribers, proposed directors or officers have never mismanaged, either fully or partially, any fund;
- a certified true copy of the Memorandum and Articles of Association of the applicant company;
- a feasibility report and/or business plan;
- five-year financial projections including balance sheet, profit and loss account and cash flow;
- the organizational structure showing functional units and reporting relationships as well as details of functions and responsibilities;
- the structure of the proposed board and senior management, committees and internal control systems;
- a draft copy of the proposed contract for custodial services between the custodian and PFAs; and
- the ownership structure of the applicant company.
PFCs carry out the following main functions:
- receiving pension contributions on behalf of PFAs;
- securely keeping securities which constitute pension fund assets and settlement documents;
- acting as clearing agent, buying and selling securities under the instructions of a PFA and collecting payments of dividends, interest and all other incomes related to PFA investments;
- investment accounting and performance measurement; and
- risk management and compliance reporting.
The Pension Reform Act allows the National Social Insurance Trust Fund (NSITF) to set up a PFA that would manage the current assets of its existing members and also attract new members. Existing members of the NSITF are not allowed to transfer their accumulated contributions to another PFA for at least five years from the date of the Pension Reform Act, 2004 (i.e. up to June 2009).
A private pension scheme that was already in existence when the Pension Reform Act, 2004 was signed into law may continue to operate under the supervision of PenCom, provided that:
- the scheme is fully funded and any shortfall is made up within 90 days;
- pension fund assets must be fully segregated from the funds and assets of the sponsoring company;
- pension fund assets must be held by a custodian;
- every member in the existing scheme is free to exercise the option to join the CPS and have his/her retirement savings credited to his/her individual account;
- all existing investments must come under supervision of the PenCom;
- Existing schemes submit a statement to PenCom, indicating assets, liabilities, list of members, current statements (for defined contribution schemes) and pensionable salary (for defined benefit schemes).
Any employer managing pension fund assets of NGN 500 million or more may apply to the PenCom to be licensed as closed pension fund administrator but the assets must be held by a PFC of its choice. Employers managing pension fund assets of less than NGN 500 million desiring to maintain their existing schemes must have the scheme managed by a licensed PFA. In both cases however, the employer must show that it possessed managerial capacity for the management of pension fund assets for a period of at least five years before the Pension Reform Act, 2004 came into force.
The existing schemes shall be closed to new employees and such new employees shall be required to have a Retirement Savings Account. In addition, Closed Pension Fund Administrators (CPFAs) shall continue to exist provided new employees of sponsor companies shall join the Contributory Pension Scheme and open Retirement Savings Account.
PenCom has the power to issue regulations and guidelines to give effect to the Pension Reform Act and to supervise and carry out examinations of PFAs, PFCs and other institutions related to the administration and management of pensions, in order to ensure that they comply with the provisions of the Pension Reform Act.
Coverage
Covered population
Enforcement of affiliation
Financing / Investment
Sources of funds
Member contributions
Employer contributions
Other sources of funds
Methods of Financing
Asset Management
Benefit provisions
Preservation, portability, transferability
Retirement Benefits
Benefit qualifying conditions
Withdrawal of funds before retirement
Benefit structure / formula
Benefit adjustment
Survivors
Benefit qualifying conditions
Benefit structure
Benefit adjustment
Disability
Benefit qualifying conditions
Benefit structure
Benefit adjustment
Protection of Rights
Protection of Assets
Financial and Technical Requirements / Reporting
Whistleblowing
Standards for service providers
Fees
Winding up / Merger and acquisition
Bankruptcy: Insolvency Insurance / Compensation Fund
Disclosure of information / Individual action
Other measures
Tax Treatment
Taxation of member contributions
Taxation of employer contributions
Taxation of investment income
Taxation of benefits
- regulate and supervise the CPS and all pension matters;
- issue guidelines for the investment of pension funds;
- approve, licence, regulate and supervise PFAs, PFCs and other institutions related to pension matters;
- establish standards, rules and guidelines for the management of pension funds;
- ensure the maintenance of a National Data Bank on all pension matters;
- carry out public awareness and education on the establishment and management of the CPS;
- promote capacity building and institutional strengthening of PFAs, PFCs, and CPFAs (see section Types of Schemes);
- receive and investigate complaints of impropriety levelled against any PFA, PFC or employer or any of their staff or agents;
-promote and offer technical assistance in the application of the CPS by the State and Local Government Councils in accordance with the objectives of the Act; and
- perform such other duties which, in its opinion, are necessary or expedient for the discharge of its functions.
PenCom has the following powers:
- formulate, direct and oversee the overall policy on pension matters in Nigeria;
- request or call for information from any employer, PFA, PFC or any other person or institution on matters relating to retirement benefit;
- charge and collect such fees, levy or penalties, as may be specified by the PenCom;
- investigate any PFA, PFC or other parties involved in the management of pension funds;
- impose administrative sanctions or fines on erring employers, PFAs or PFCs;
-order the transfer of management or custody of all pension funds or assets being managed by a PFA or held by a PFC whose licence has been revoked under this Act or subject to insolvency proceedings to another PFA or PFC as the case may be;
-move pension funds and assets from one PFA or PFC to another when the Commission believes that the funds and assets are endangered;
-appoint Management Committee in the resolution of failing pension operators;
-accredit any person, body corporate or institution that engages in any activity relating to pension matters in Nigeria pursuant to the Act;
-request the Accountant-General of the Federation to credit into the Federal Government Retirement Fund Account, Federal Government's obligation for the redemption of the Retirement Benefits Bonds issued to its employees for their past service;
- set up technical committees, working groups and task forces to assist the Commission in the performance of its duties and functions;
- make changes to its structure with the approval of the Board; and
-do such other things which in its opinion are necessary to ensure the efficient performance of the functions of the Commission under the Act.
PenCom must maintain a fund from which all its expenses will be defrayed. The fund is financed by the initial grant from the Federal Government, annual subvention from the Federal Government, fees and fines charged, income from any of its investments and all sums of money or income accruing to PenCom by way of testamentary dispositions and endowments.
PenCom may, at least once a year, authorize an inspection, examination or investigation, as the case may be, of PFAs or PFCs for the purpose of determining whether or not legal and regulatory provisions are being complied with. Similarly, targeted examinations may be authorized on these institutions by PenCom in the event of an infraction, complaint, whistle blowing, etc.
PenCom must submit, no later than four months after the end of each year, a report on its activities and administration during the preceding year, which must include its audited accounts and auditor's report, to the President and the Public Accounts Committee of the National Assembly.
National Pension Commission
No. 174 Adetokunbo Ademola Crescent
Wuse II
PMB 5170 Wuse, Abuja
Nigeria
Tel: (+234) 9 413 8736 - 40
Fax: (+234) 9 413 3363
Website: http://www.pencom.gov.ng
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