JUDGES RETIRING INTO POVERTY
Plea for justice as pension ‘not enough’ for members of judiciary to survive on after stepping down
CRIES FOR justice are now reverberating among several retired judges who have complained that, after serving Jamaica without fear or favour and going beyond the call of duty, they can hardly make ends meet from their pensions, due to the high rate of inflation which has impacted the country over the years.
With the failure of successive governments to address the longstanding concern, retired judges have been left in a situation where they believe “the longer you live the more you will sink into poverty”. Said one frustrated retiree: “It is a burning shame and rather scandalous that, after dedicating our lives for the betterment of our country, that the government is treating us with scant regard and has refused to honour recommendations over the years to increase the pittance that we get as pension.”
The retired judge added: “I am not the only one who is voicing disgust at the government because I can say with certainty that all my retired colleagues who I have been speaking with feel the same way; that they are rejected by the government, especially in our old age. “We all prepared for retirement, but the high cost of living is taking all we have and the government has not seen it fit to help us.” One of the retired judges referred to a case in which a chief justice retired in 1984, getting a pension of $40,000 per month and, when he died in 2009, the pension was the same.
“The government turned that eminent jurist into a virtual pauper,” the retired judge disclosed.
“It must be made public that many judges who retired years ago are impecunious and the government must do something about their pension,” another retired judge emphasised.
The retired judges, who were speaking with The Gleaner last week, said they were happy to see the recent pay hike for the nation’s serving judges, because it was long overdue, but that the Government must now give consideration to their situation.
The Gleaner understands that the Independent Commission which reviews judges’ salaries has been making recommendations over the years that, in accordance with the Judiciary Act, judges’ pension should be indexed to the current salary of judges. It would mean then that the retired judges should get an increase in pension each time there is a pay hike for judges. According to one of the retired judges, the Government has ignored the recommendations.
Retired Supreme Court Judge Roy Anderson said: “The difficult financial situation of retired judges, largely caused by the inability to practise in the courts after retirement, has been the subject of numerous attempts for something to be done by the government to increase the pension”.
Anderson added: “The I ndependent Commission on Judicial Salary has recommended over and over that consideration be given to alleviating the problem of financial difficulties for retired judges but successive governments have totally ignored the suggestions
and the pleas of the retired judges to increase their pension.”
Retired Senior Puisne Judge Marva McIntosh said the real root of the problem is that the pension has not been indexed to the current salary of the judges.
‘The longer you live, the worse your circumstances become because the pension is not increased,” she added.
One of the recommendations from the Independent Commission states: “The Commission therefore is broadly supportive of the judges’ request to index judges’ salaries to current salary levels of the specified category in which the judge retires. Pensions should not exceed the established 66 2/3 per cent rule. In addition, in keeping with accepted practice, the Commission recommends that a judge’s spouse should receive half of the judge’s pension entitlement.”
FINANCIALLY CHALLENGED
The chief justice and t he president of the Court of Appeal are paid their full salary as pension on retirement, while all the other judges get two thirds of their salary as pension “but all of us as retirees are financially challenged,” another retired judge added.
The retirement age for judges is 70 and they are not allowed to go into private practice on retirement so their pension is the only source of income , some of them explained. There are very few retired judges who are fortunate to get jobs on the Bench in other territories for a limited time and a few of them are appointed to commissions or to sit on boards where they would be able to receive a stipend. However, they say such engagements should not be done because of financial constraints, but instead because a judge wants to remain active.
“A judge, after working so hard administering justice and serving their country faithfully, should not be forced to go seeking jobs or stipend to supplement their pension. The government should ensure that they are well taken care of,” one of them remarked.
Another retired judge referred to a recommendation of a joint select committee of Parliament some years ago for the pension of retired judges to be indexed to the current salary of judges, but nothing has been done “so you find judges still getting the same amount of money for pension even if they retired 20 years ago. In addition, the pension is taxed, all allowances are removed once you retire and there are no health benefits unless you are paying for it.”
One judge said the government should be reminded of the Commonwealth (Latimer House) Principles which are very critical to ensuring the independence of the judiciary. The Latimer House Principles detail Commonwealth Principles on accountability and the relationship between the three branches of government in 2003 and were endorsed by the Jamaican Government.
A retired j udge said the Principles meant that there should be no control over the budget which the judiciary has or any attempt made to control the judiciary and so erode the independence of the j udges. According to the retired judge, the government’s refusal to honour the recommendations to index the pension of the retired judges to the current salaries of judges is a breach of the Latimer House Principles.
HEALTHCARE BENEFITS
Sitting judges are now entitled to get free medical care from The University Hospital of the West Indies, but that does not include the Tony Thwaites Wing which is private. One judge explained that such a benefit stopped on retirement when health care is most needed. Retired judges are now only able to use the civil service health plan.
“I retired more than 10 years ago and I have not received one cent on my pension.
“Retired judges are living very difficult lives and we worked under terrible conditions in our time because we did not even have the use of computers and judgments were handwritten and given to the secretaries to type.
“The sad situation is that the pittance which we get as pension is taxed. So, despite living a restricted life as a judge, not being able to go to certain places or associate with certain groups or individuals, we are treated very shabby by the government in our old age.
“We dedicated our lives to the betterment of this country, and the government must show some respect and gratitude to us and treat us better,” one retired judge demanded.
Unlike members of parliament, judges cannot do any other work or business while serving as a judge because that is prohibited by the Judiciary Act.
Minister of Justice Delroy Chuck said that inflation has eroded the purchasing power of all pensions, including that of retired judges and most retirees.
“So many who retire 10 to 20 years ago, their pensions have been severely compromised due to inflation. The real challenge of the present government now is to ensure that inflation is kept in low single digit, otherwise any increase that is provided will erode it over a short space of time,” Chuck said.
Commenting further, Chuck disclosed that pensions for all retirees is a matter that Minister of Finance and the Public Service Dr Nigel Clarke is giving attention.