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PRINCIPAL REGISTRY
BETWEEN:
JERE…………….….……..………………………………………………. APPLICANT
AND
Background
On 13 September 2005 the Deputy Chairperson of this court ruled that the respondent
used the applicant’s last salary as the final pensionable pay. The court held that this was
incorrect as it did not tally with the definition of final pensionable pay as contained in the
respondent’s pension rules. The court therefore found that the respondent incorrectly
calculated the pension benefits of the applicant by not using the correct final pensionable
pay of the applicant. The respondent, the court ruled, ought to have projected the
applicant’s salary to his 60th birthday in service. Any ambiguity arising out of the
agreement on these calculations could not be construed to the applicant’s disadvantage.
Following this ruling the matter was set down on 7 March 2006 for assessment of the
correct pension benefits. At this hearing the parties’ legal Counsel were advised to follow
the ruling of 13 September 2005 and come up with the correct pension calculations in
written submissions. The applicant’s legal Counsel made written submissions which this
court adopts as there were no contradictory submissions from the respondent’s Counsel.
1
Pension calculations
The applicant retired on Normal Retirement Age of 60 years
The pension Formula given in the Lever Brothers Malawi Pension Rules is:
• Pensionable service x 1 2/3 % of Final Pensionable Pay
In this instance, the pension Formula is:
• Pensionable Service to Age 60 x 1 2/3% x Final Pensionable Pay
Therefore, first project the Pensionable Pay through to 60 years (i.e. year 2002) in order
to compute the Final Pensionable Pay.
A logical and statically sound method has to be used in projecting the basic salary
from 1997 to 1998, 1999, 2000, 2001 and 2002 ( my 60th year). For the 4 years prior
to ceasing service, my annual salary progression was as follows:
This average of 39% p.a. is the correct incremental factor to be used in projecting salary
through to year 2002 when I would have attained 60 years of pensionable service.
However, allowing for any rounding off margins of error, a projection factor of 38.75%
only is used.
Monthly No. of Total
Salary months salary
1998 Jan-Mar 1998 16,171.00 X3 48,513.00
TOTAL K2,261,514.08
NB: The last column is to merely show how much basic salary I would have earned
during period Jan1998 – July 2002 (which is when I would attained 60 years). To this
must be added housing allowance at 40%. All this was traded in for the Normal
Retirement Package.
2
2. Computation of Pension
Based on the new figures as computed in 1 above, calculation of final Pensionable Pay
can be done as follows:
2.1 Salary Earnings for the last 3 years (36 months) to retirement
PENSION FORMULA
PENSION INCREASE
01/01/1999 40% = K186,437.10 X 1.40 = K261.011.94
01/07/2000 16% = K261,011.94 X 1.16 = K302,773.85
3
2.4 Calculation of pension Received up to March, 2006
TOTAL K628,886.88
Monthly No of Total
Salary months pension
Total K2,318,904.21
K742.056.88 K742,056.88
K1,576,847.33
TOTAL K2,403,241.43
4
ORDER
The court orders that the respondent pay the applicant a sum of MK2 403 241-43
comprising lump sum arrears of MK826 394-10 and MK1 576 847-33 being pension
arrears. If any, lawful deductions may be made on the sum. The order is with immediate
effect as this claim has been pending for far too long.