Teachers reject NSSF deductions, saying that they violate Rule #3.
The government deducts more than a third of teachers’ salaries as National Social Security Fund (NSSF) contributions once they leave work.
It was unexpectedly disclosed in a petition filed before the High Court by the Kenya Union of Post Primary Union Teachers (KUPPET) that some teachers are struggling to make ends meet due to excessive deductions made by the Kenya Kwanza government.
KUPPET has initiated legal action against the National Social Security Fund (NSSF) and the Public Service Superannuation Scheme (PSSS).
According to the union, teachers must pay 7.5% of their income into PSSS. They are required under NSSF to give 6% of their salaries, and the Teachers Service Commission (TSC) will match that amount.
Additionally, instructors are required to pay a housing levy of 1.5% of their compensation, according to the union’s case, which was filed by attorney Linet Maiyo.
According to the Akelo Misori-led union, it is unfair and in violation of the Employment Act to require teachers to contribute to two required pension schemes and forgo more than a third of their monthly income.
The petitioner (KUPPET) further claims that its members are pressured into enrolling in two pension systems that are both run by the government and have the identical objective of giving participants pension benefits. In court filings filed on Friday, the union argues that there is no logical basis or justification for subjecting the petitioner’s members to two government-mandated pension systems.
KUPPET has filed lawsuits against the Attorney General, NSSF board, TSC, and National Assembly. PSSS has also been recognized as a party with an interest in the matter.
A teachers’ union has filed a legal challenge against the government’s decision to deduct National Social Security Fund (NSSF) contributions from the salaries of its members.
The Kenya Union of Post Primary Union Teachers (KUPPET) claims that the government’s decision to withhold teachers’ pension money if they are not affiliated with or registered with the NSSF is illegal and discriminatory.
According to Maiyo, teachers shouldn’t be governed by the NSSF plan because they were never consulted. She also claims that the scheme’s participation requirement infringes on teachers’ right to choose the pension plan of their choosing.
“Members of the Petitioner are already covered by a different pension plan that provides better returns than the one the Respondents are forcing them to join. “The petitioner’s members’ right to choose to be a part of a competitive pension scheme has been violated by being forced to join the scheme under the NSSF Act,” asserts Maiyo.
According to Misori’s supporting affidavit, teachers were automatically registered in PSSS because they worked as public officials.
He asserts that after the NSSF Act was put into effect, the union brought a lawsuit and won, arguing that the Act was unconstitutional.
Misori claims that the Court of Appeal invalidated the rulings of the Employment and Labour Relations Court (ELRC).
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He asserts that the Principal Secretary of the Office of Public Service, Gender, and Affirmative Action issued a directive mandating businesses to cover the social security contributions made by their employees.
“The aforementioned letter from the Principal Secretary was deceptive, misinformed, and erroneous since it asserted—a claim that could not be further from the truth—that the Court of Appeal had supported the validity of the NSSF Act. According to Misori, it also misconstrued the provisions of the disputed Act governing employer and employee contributions.
He asserts that PSSS exempts its members from contributing to the NSSF.
He contends that these deductions, along with other necessary deductions like those to the NSSF, “cause the Petitioner’s members’ net pay to go below the statutory limit of 1/3 as set out under section 19(3) of the Employment Act, therefore placing them at risk of disciplinary proceedings from their employer.”
KUPPET is asking for an order preventing NSSF from asking for donations from its members while the case is being considered and decided.
In addition, the union asks the court to find that teacher NSSF contributions are illegal. The government’s requirement to take more than a third of teachers’ monthly salaries is alleged to be a violation of their constitutional rights, and the lawsuit is simultaneously asking for a judgement on this claim.
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