Family’s shock after death of breadwinner

Donatus Ubah, 58 who works with one of the Federal Governments agencies in Lagos died early 2024, leaving a wife and three children among other dependants.

The pain and grief faced by Ubah’s widow was not only the confusion that surrounded her husband’s death because he was not sick before death struck, but also how to access the pension of her husband who worked for over 20 years.

Ubah’s Widow, Evelyn said, “I know my husband has pension with a Pension Fund Administrator (PFA), but we don’t know how to go about accessing the money. ‘We thought, as her next of kin, the money would just be paid to us, Evelyn said

Like Evelyn, thousands of Nigerian families are left in limbo after losing a loved one who was part of the Contributory Pension Scheme (CPS). The uncertainty surrounding what happens to pension savings after death can be emotionally and financially devastating.

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Understanding the System

Nigeria’s Contributory Pension Scheme, introduced by the Pension Reform Act (PRA) of 2004 and amended in 2014, was designed to ensure that workers, both in the public and private sectors could retire with dignity. Under this system, employees and employers jointly contribute to a Retirement Savings Account (RSA), managed by licensed Pension Fund Administrators (PFAs) and overseen by the National Pension Commission (PenCom).

What happens when a contributor dies?

The unfortunate event of a contributor’s death does not mean the end of their hard-earned pension savings. It is also important to clarify that beneficiaries are legally entitled to receive pension benefits and differ from the Next of Kin(s) indicated on the RSA details of the deceased. While the Next of Kin serves as a point of contact or representative for administrative purposes, only designated beneficiaries (as stipulated by official nomination forms or by law) are eligible to claim and receive funds from the RSA. Families should not assume that the Next of Kin automatically inherits pension benefits, underscoring the need to carefully complete beneficiary nominations and keep them current. The fate of the pension benefit depends on the timing of the contributor’s death whether it occurs before or after retirement and the status of their RSA.

Death Before Retirement

If a contributor dies before retiring or before accessing their RSA, the total amount in the contributor’s RSA, including accrued investment incomes, becomes available to their legal beneficiaries. The PRA 2014 and PenCom guidelines govern the process for the identification of beneficiaries and disbursement of benefits.

Nomination of Beneficiaries

Upon opening an RSA, contributors are required to nominate next of kin and beneficiaries, usually through forms provided by the PFA. This nomination is critical because it determines who will be eligible to claim the benefits in the event of the contributor’s death.

Application and Documentation

Upon the contributor’s death, the nominated beneficiaries or next of kin must formally apply to the deceased’s PFA for the release of the pension funds. The required documents typically include: Death certificate of the contributor; Letter of Administration (if there is no valid Will); Valid means of identification for the beneficiaries; Bank account details for payment; Birth certificate of the deceased (in some cases); Proof of relationship to the deceased (such as a marriage certificate or affidavit)

The PFA then verifies the documents and initiates the process of transferring the funds to the legitimate beneficiaries.

Dispute Resolution

Disputes can arise, especially where multiple claimants present themselves or where the deceased did not clearly nominate beneficiaries. In such cases, the PFA may require a Letter of Administration from a probate court, which officially recognizes the legal beneficiaries of the estate.

Death After Retirement (While Receiving Pension)

If a contributor dies after retirement while already receiving pension payments, the treatment of their pension benefits depends largely on the mode of benefit payment that was chosen at retirement.

Programmed Withdrawal

Many retirees opt for “programmed withdrawal,” where pension payments are made monthly until the RSA is depleted or until the retiree passes away. If the retiree dies before exhausting the RSA, the balance is paid to the beneficiaries.

Annuity

Alternatively, a retiree may choose a “retirement annuity,” whereby an insurance company pays them a guaranteed income for life. If the retiree chose an annuity with a guaranteed period, and they die within that period, the benefits may also pass to beneficiaries or the estate for the remainder of the guaranteed term.

Estate Laws and Probate Process

Where there is no clear nomination of beneficiaries or disputes arise, the payment of pension benefits may be subject to the general laws on inheritance and probate in Nigeria. The Letter of Administration or Will becomes critical here, as PFAs will only release funds to beneficiaries recognized by law.

Read also: PenCom, NLC deepen collaboration to strengthen pension system, address workers concerns

Taxation and Deductions

Pension benefits are generally tax-exempt in Nigeria; thus, the funds transferred to beneficiaries are not subject to income tax. However, any debts or loans owed by the deceased contributor to their employer may be deducted from the RSA before disbursement to the beneficiaries.

Role of PFAs and PenCom

PFAs play a central role in managing RSAs and ensuring that contributors’ wishes regarding their pension benefits are followed after death. PenCom provides regulatory oversight, issues guidelines, and can be petitioned in cases of disputes or delays.

Common Challenges and Practical Steps for Families

Families often face hurdles in accessing pension benefits, ranging from bureaucratic delays to legal disputes among potential beneficiaries. To minimize challenges, contributors are encouraged to: Ensure their beneficiary nominations are up to date and accurately reflect their wishes; inform their family members of their chosen PFA and pension arrangements; keep relevant documents (e.g., RSA statements, beneficiary forms) in an accessible place

Beneficiaries should be prepared with all required documents and promptly engage with the deceased’s PFA to avoid unnecessary delays. The death of a pension contributor can be an emotionally and financially trying time for families. However, Nigeria’s pension regulations are structured to ensure that contributors’ savings are not lost but are transferred to their loved ones according to the law. Staying informed and following the correct procedures are the keys to smooth and timely access to these benefits.