The Pension Transitional Arrangement Directorate (PTAD) has issued a clarification regarding the acceptable Letters of Administration required for accessing the pension benefits of deceased pensioners. According to PTAD, only valid Letters of Administration issued by a State High Court or the FCT High Court will be accepted for the processing of these benefits.

PTAD emphasized that Letters of Administration granted by Magistrate or Customary Courts are not admissible. The agency clarified that the issuance of such documents is a judicial function specifically reserved for the Probate Division of the High Court.

According to PTAD, a valid Letter of Administration must include specific features to be considered genuine. These features include the name of the High Court, the name of the deceased, the date the letter was granted, the place of death, the names and addresses of the beneficiaries, the value of the property, the registration number, and, most importantly, the official seal of the court.

“The red seal or official seal of the court must be affixed to authenticate the document,” the agency stated, emphasizing that a document lacking the seal will not be considered genuine.

Enrolment of Order Not a Substitute

PTAD has clarified that an Enrolment of Order, which serves as a summary of a court’s judgment, cannot be used as a substitute for Letters of Administration. While an Enrolment of Order may be used for enforcement purposes, it does not appoint administrators of a deceased person’s estate and, therefore, cannot be used to access pension death benefits.

Conflicting Documents

In cases where discrepancies arise between the Record of Service and the Letters of Administration, PTAD explained that the Letters of Administration take precedence, provided they were issued by a court of competent jurisdiction. However, in situations involving conflicting Letters of Administration, the Directorate may rely on official service records to determine the rightful beneficiaries.

Beneficiaries abroad

For beneficiaries residing outside Nigeria, PTAD requires that such individuals execute a Power of Attorney in favor of individuals residing in Nigeria. This Power of Attorney must be duly authenticated by a Notary Public or Commissioner for Oaths.

However, PTAD maintained that pensioners themselves cannot be represented during verification exercises, even with a Power of Attorney. The agency stressed that pension verification is a personal process and requires physical presence.

Affidavits and Lost Documents

PTAD also outlined specific requirements for affidavits used in benefit processing. Affidavits must contain the heading of the court, full details of the deponent, the purpose of the declaration, signature, and endorsement by a Commissioner for Oaths or Notary Public.

In cases where original documents were lost due to incidents such as fire outbreaks, PTAD stated that an affidavit alone is not sufficient. In such instances, a Police Extract and a letter of introduction from the pensioner’s former Ministry, Department, or Agency are also required.

Uncertified photocopies of documents are generally not acceptable unless accompanied by a Certified True Copy or an affidavit explaining the absence of the original.

Safeguarding Pension Funds

The Directorate stated that these guidelines are aimed at preventing fraud, ensuring transparency, and guaranteeing that death benefits are paid strictly to legally recognized beneficiaries.

Industry observers note that this clarification is expected to reduce disputes and delays in the processing of pension death benefits, while also reinforcing compliance with existing probate and pension regulations.