All Workers’ Conference

discussion Paper

on

 

Pension Rights

Prepared by All Workers’ Commission on Pension Rights

for the

12th All Workers’ Conference

to be held at the Auditorium, MGI, Moka

on 4th December, 1998

 

Note: This Discussion Paper was drafted after the following meetings of the Commission on Pension Rights: Friday 4th September, Friday 23rd October, Friday, 30th October,Friday 6th November, Friday 13th November, and Friday, 20th November, 1998 in preparation for the All Workers’ Conference to be held on Social and Economic Rights, on the theme HUMANS HAVE RIGHTS, a Conference to be held on 4th December, 1998 in the context of Human Rights Day. We have limited the scope of the Discussion Paper to raising questions on the issue of retirement pensions only – and are not going in to the other aspects of social insurance – for the purposes of the present debate.

Submitted to the NOC for 27th November, meeting.

Signed: Poonit Ramjug, Farouk Auchaybar, Lindsey Collen, Br. Manikon, Br. Sakir, Amba Luchoomanen.

 

 

 

 

Attacks

 

When the government starts talking about problems that will raise their head in 30 years’ time, and not just in the next two or three years before general elections, then we must be suspicious and believe that there is a hidden agenda of some kind. The question of “ageing population” is one of these issues that hides a hidden agenda.

There are five main attacks against pension rights in Mauritius at the moment. All five attacks are often mixed up together.

1. Attack against contributory pensions:

The Government and the employers are running an ongoing propaganda campaign, supported by the IMF and World Bank to the effect that there is “an ageing population” and the newly published Battersby Report says that by the year 2035, the National Pensions’ Fund will be in serious trouble, because there will be too many older people relative to the number of “productive” workers, the present ratio of 7 ½ to one, falling to 3 ½ to 1. “Expenditure,” the Battersby Report says, “is expected to exceed contributions income within the next 20 years.”

2. Attack against universal old-age pensions as a right at the age of 60.

 The Government and the employers are also running a second campaign, once again supported by the IMF and World Bank, to the effect that in general the Government is spending too much money, and that the country can no longer afford universal pensions for those who reach 60 years onwards. This is a specific attack on universal rights to old-age pensions for all citizens, a right acquired in 1957.

 

3. Attack against the “fund” of the National Pensions’ Fund

The local bourgeoisie, as well as the international finance capitalist lobby, want to get their hands on the Pension Funds controlled by the state. This happens in all countries where there is an IMF/World Bank push to privatize. In November, 1998, in Kenya, there was a campaign to discredit the management of their National Pensions’ Fund.

 

4. Taxation of old-age pensioners

The 4th attack against pensions is hidden inside the fiscal policy itself: gradually successive governments have shifted the burden of tax from the rich to the poor, including pensioners. Year after year company taxes and income tax on the rich have both been cut, while indirect taxes, like VAT have been introduced. This is the equivalent of eroding the value of pension payments.

 

5. The politics of depreciating the rupee

The monetory policy that the International Monetory Fund is imposing on all third world countries, which aims at the constant depreciation of the local currency, and from time to time a devastating devaluation, also constitutes an attack on pension rights.

 


 

What the Government and Bosses Want

 

What the Government and the bosses want is clear, because they are running an overt campaign to say what they want. Their speeches in the National Assembly and in the press make it clear. The Battersby Report (commissioned by the NPF) is no exception.

 

1.      On the question of contributory pensions they pretend that there are only four possibilities:

a)  Either workers’ contributions are increased, or

b)  Workers and the employers’ contributions are increased, or

c)  The amount of pension money paid out is reduced, or

d)  The age at which one is entitled to draw pensions is raised.

The All Workers’ Conference has already rejected the narrow-minded concept that these are the only these possible “solutions” to the problem. There are about one hundred ways of solving this “problem”, some of which will be suggested in this discussion paper, and others will be thought up by delegates present, and we will continue to think up ideas after the Conference.

The Government and also want to “close” thousands of public sector manual workers jobs, and to help in this, they want to set up a “portable pension points” scheme.

 

2.      On the question of old-age pensions, the government and the bosses are clear. They say that:

a)      Either the age at which people can draw pensions ought to be raised, or

b)      Pensions are to be “means tested”; i.e. government inspectors come around to check that someone is poor enough to merit a pension, and if not no pension is granted, or

c)      Pension payments be lowered.

 

3.      On the question of the existing nationalized pension fund, the local and the international finance capitalists are eagerly trying to get this type of fund to be forced on to the stock exchanges. The Mauritius Employers’ Federation President actually announced that the whole of the private insurance sector of Mauritius (Rs8.5 billion) is equalled by the NPF Fund (Rs 8.5 billion). [Latest figures put this fund at Rupees 12.5 billion] He would like this NPF capital to be available to the capitalists. World-wide, pension funds controlled by government and unions are a substantial part of productive capital (as opposed to purely speculative capital).

 

4.      Taxes have been shifted intentionally on to the backs of the poor. The bosses, government, IMF and World Bank believe that if you de-tax the rich, that this money will go into production, and then when there is more production, the crumbs that workers and the poor get will be more. This is called the “trickle down effect”.

 

5.  The national currency is losing value. This process has been accelerated by the decision of government to give the foreign exchange that the government gets paid under the Lome Agreements & the Sugar Protocol, to be given direct to the sugar estates. They have, in turn, begun to hoard the foreign exchange, and to speculate in currency.


 

 

 

Philosophy

Faced with the attacks on pension rights and the arguments of the private sector thinkers and the government, it is important to take a wide-angle view and to ask “What are pension?” and “What is the philosophy behind them?”

 

In the context of United Nations “Human Rights Day”, 10th December, and in the context of the 50th anniversary of the UN Universal declaration, the first thing that we need to consider is old-age pensions as a right.

The philosophy of universal old-age pensions as a basic fundamental human right is based on the following set of concepts:

Ø      Society has a duty to take care collectively of the basic needs of all those of its people who are past a certain age: Society needs to assure housing, food, clothing, medical care, transport costs as well as modern-day necessities like glasses to see, hearing aids to hear with and a telephone for keeping in contact with people.

Ø      Citizenship of a country entitles everyone to basic care from when we are born until we die; a society’s capacity to care for the young, the old, the ill and the handicapped is a measure of its civilization.

Ø      Pension rights are part of the pay of the working class in its broad sense, pay deferred until retirement age.

Ø      Private pension schemes have been totally discredited historically. Since there were private pension schemes, some people held that each worker should be responsible for taking care of his own future retirement by contributing to his own private insurance payements; this philosophy got completely discredited as a fraud when the “crash” of the 1930’s wiped out the entire pension contributions of a whole generation of people in Europe and the USA. The destruction in the 1990’s of South East Asian, Russian and Latin American economies has done the same thing once again in those few places where the individualist ideology still held.

Ø      Humans who have lost access to the land, who have own no means of production, have a right to live in society.

Ø      Pensions rights for all are important in any conditions where there is high unemployment, casual work, insecure work, or a large informal sector for the simple reason that people in these sectors are not in a position to make regular contributions to a scheme, whether state or private. At present housewives, the unemployed, handicapped people, contract workers, seasonal workers, casual or day labourers, weak or sickly people are not able to contribute.

Ø      The “family” as an institution is very weak and is only able to look after family members on condition that there is support for the family from the state to do so: hospitals, day-care centres, subsidised transport, pension payments, free education. In addition there are old people without family at all, or whose family have rejected them. In addition, the family is stronger if each individual within it has some independence from the family; total dependency leads to grave abuse.

 

 

 

 

1. Old-Age Pensions

Old Age Pensions, as a universal right, were gained in one country after another as countries became more developed. In New Zealand some 100 years ago, the first pensions were paid. And this tendency to pay pensions as a right increased all over the world after the 1930’s crash of all private pensions investments and savings’ schemes. With the development of the concept of universal human rights, and with the advent in 1948 of the United Nations Universal Declaration of Human Rights, pensions became more and more entrenched as rights. The Covenant on Social, Economic and Cultural Rights in 1967 formalised the right to pensions.

In Mauritius the first time we heard of old-age pensions was immediately after the 1937 strike and rebellions on the sugar estates. IN the Report of the Commission on Unrest on Sugar Estate in Mauritius 1938 at p. 168 it says: “In general we are in favour of old age pensions and sickness insurance. Such schemes must obviously apply to all sections of the population and not merely to persons employed in the sugar industry.” 

In 1940, The Governor set up a Committee under the Chairmanship of Lord Twining and it was this Committee that first mentioned the words “contributory pension scheme”. The Committee thought that contributive pensions should be paid to workers from the age of 56-years-old. The bosses were against, and the Chamber of Agriculture representative who was nominated by the “Central Committee of the Sugar Estates” expressed reserves.

The first contributory pension scheme set up was for “l’etat major” of the sugar estates, and it was introduced by a private Bill in 1945. (It was only in 1956, this was broadened by an Ordinance for all sugar factory workers – “Pansyon Commarmond”.)

A non-contributive system was in fact set up first. That was in 1950. It was on the basis of a means test. However, the means test was so unpopular and loathed by the people that it was abolished in 1957. Which means that we have had universal old-age pensions in Mauritius from 1957.

By 1960, The Titmuss and Abel-Smith report came and proposed that “on top of the basic pension … a contributory scheme of wage related pensions for all employed persons above a specified level of yearly earnings”. And this was later to become the National Pension Scheme.

 

 

2. National Pension Fund

The philosophy of the NPF includes the idea that one ought to earn a reasonable proportion after pension age of what one earned during one’s working life. (If you have contributed to the NPF and built up your pension points, you will get a pension which, when added to your old-age pension will be a reasonable The bosses contribution to NPS 6%, when it was introduced in 1978, did not represent any new contribution. It merely replaced the 15 days’ severance allowance per year by only 8 days per year, and reduced Workmen’s Compensation payments (lamoné lasirans)to just the first two weeks of leave, whereas previously employers had to have private insurance cover. The employees contribution of 3% was a new contribution.

We note that any contributive pension depends on secure employment, usually in the civil service, para-statals or large companies, whereas employment in Mauritius is at present become increasingly precarious.

There are basically two ways of looking at contributive pensions, and often the “government ideologues” move around between these two ways as it suits them.

proportion of your wages.)

Does each worker save his own money, and put it in a fund, so that he gets it back again with interest when he goes on retirement? This is the way the “capitalist” ideologues look at the question, under usual circumstances.

Do all workers today contribute to paying the pension of all retired people right now? This is the way the “capitalists” look at the question only when they want to increase contributions or lower pensions. By this way of looking at pensions, the ratio of workers to pensioners is at present in Mauritius at 7½:1 and will in 35 years time to be 3:1.

 

 

3. Civil Service Pensions (deferred wages)

Non-contributive earnings-related pensions are paid to all civil service workers and this forms part of the basic “work conditions” in the sector. The government intends to cut the size of this whole sector, and will use “portable pension points” as part of its means.

4. Sectorial and private commercial schemes

In some sectors there are still private sectorial pension schemes, and there is also a whole business of private pension schemes run by insurance companies for profit. Through the tax system (deductions allowed), the government is effectively subsidising these private indurance schemes.


 

Towards Trade Union Defenses of Pension Rights

The real defenses that we must build up to the five attacks on pensions include:

·   Funds to pay for the increase in pension payments should be taken directly from those sectors of the economy that hoarding or speculate in capital. A tax on off-shore would be useful, in particular for the old-age pension, which should be increased.

·   The so-called “ageing population” problem is nothing more than the successful adoption of family planning. The economic “success” of Mauritius has relied on women adopting contraception strategies (& danger­ous illegal abortion): women thus averted a population explosion in Mauritius, and this generation of women freed themselves from house-work to go out and be­come the largest single work sector in terms of employment – the free zones.

·   The question of “ageing population” is only a relative one – when taken next to levels of productivity through new machinery, or less unemployment. Trade unions must keep the “subject” on full employment, stable employment for all.

·   We must work to increase the contribution of the employer. This would be justifiable on many grounds: in 1978 the employers did not have a completely new contribution; the employers have been greatly de-taxed since 1978. The employers have also benefitted from massive productivity increases per employee.

·   We can when necessary use real wages (take home pay not basic wage) for calculating the contributions of workers and of employers (i.e. include overtime, piece-rate, bonus, commissions, etc).

·   Old-age pensions should be maintained at 60 years of age for all; this for two reasons, workers in most big sectors are exhausted by the age of 60 (free zone, agriculture, construction, hotels), and this “cushions” unemployment. The sum payable should continually be increased, as the economy develops.

·   Introduce measures to make sure all employers are paying NPF contributions. Bi-annual returns, instead of just annual? Increase fines on employers drastically if their returns are late? Should employers with less than 10 employees fill in their returns monthly, instead of annually? Create a system of “putative employees” – where NPF assumes that all businesses employ a minimum of x number of employees, and the NPF makes a relatively high cut (as if this were their contributions per putative employee). If an employer thinks he should have less cut, he has to come and register.

·   The upper ceiling on NPF contributions can at any time be removed, while the upper ceiling on pension payments retained (even if raised). The higher earners (because they are higher earners, but also they are mainly men) thus contribute to pay the cost pensions & of hard work at population control (taken charge of mainly by women).

·        The tax system must be opposed for its eating into pension rights; on the one hand VAT is paid by old-age pensioners, and on the other hand the Government is indirectly financing private schemes by giving income tax deductions.

·        As corporate and income taxes have decreased, the capitalists have made money and there is no reason why they should not contribute directly into a fund like the NPF. This fund could be used for development projects to benefit society as a whole.

·        As productivity has increased, the ratio of workers to pensioners need not stay static. The sugar industry has increased its production while lowering the number of people employed. The port has multiplied its handling capacity five-fold with less workers. There is no reason for perpetuating the monoply on who benefits from this. They could contribute part of their windfall gains into pension funds of all kinds.

 

·   We must ask ourselves questions: * Which sectors in the Mauritian economy have grown most? What allowed women to go out and work in factories & hotels? What have been the effects on the health and life-expectancy in these work sectors? * Is a “fund” needed? Can all the money not just circulate directly? As for civil service pensions? * What is the fund’s main purpose? To cover times of ageing population? Must the fund primarily serve socially important ends (housing for the poor, preventing illness, creating public works) or must the fund be financially efficient, investing in anything, however exploitative of workers, so long as it has a good return? *What is the relationship between pensions and the health of an economy itself? * What system helps pensioners to face increases in the cost of living better? *What pension system respects human rights best?