St. George’s, Grenada – The introduction of Grenada’s Public Sector Employees (Pension Fund) Bill 2024 has sparked significant debate among legal experts and public sector advocates. James Bristol, a notable former attorney general under the Tillman Thomas administration, has voiced strong opposition to the bill, arguing that it breaches several constitutional provisions.
Scheduled for consideration in the upcoming Upper House session on December 27, the proposed legislation aims to implement a contributory pension system for current and future government employees. Under the bill, both public servants and the government would contribute three percent of the employee’s salary to a trust-managed pension fund.
Bristol contends that the bill undermines constitutional integrity by reclassifying permanent public positions as contractual roles with indefinite terms. “Transforming permanent roles into contracts to sidestep constitutional mandates is a direct violation of our foundational legal framework,” Bristol asserted. He is renowned for his successful challenge against the Pension Disqualification Act of 1983, a law enacted during the People’s Revolutionary Government (PRG) era when Grenada’s constitution was suspended.
Following the restoration of constitutional governance after the PRG’s collapse, the Parliament, led by the Herbert Blaize Government post-1984 elections, passed a validation act to sustain several PRG-era legislations. However, the Pension Disqualification Act faced judicial scrutiny and was ultimately deemed unconstitutional by High Court Judge Raulston Glasgow in March 2022, rendering it null and void.
Bristol emphasizes that temporary public service contracts, such as those covering maternity leave or short-term projects, are appropriate. “Temporary appointments for specific needs are acceptable. However, using contracts to fill permanent roles, like those in nursing staff, blatantly disregards Section 84 of our constitution,” he explained.
He further criticized the new bill for potentially stripping contract workers of their pension entitlements, which are protected under Section 92 of the constitution. “This legislation threatens to disenfranchise contract-based public officers, reversing the efforts of previous administrations to secure their pension rights,” Bristol warned.
Highlighting the likelihood of prolonged legal battles, Bristol stated, “Introducing this bill will only lead to more litigation. We must prioritize inclusive pension schemes without unnecessary legal complications.”
The government, however, remains optimistic about the bill’s prospects. Upon approval from the Upper House, the legislation will advance to the Office of the Government and await publication in the official gazette. Officials anticipate that, once enacted, the pension scheme will be operational by January 2025.
As discussions continue, the outcome of this legislative process will have lasting implications for Grenada’s public sector workforce and the broader interpretation of constitutional law in the country.
