pension

PenCom talks tough, bars Operators from partnering vendors without clearance

PenCom talks tough, bars Operators from partnering vendors without clearance

By Victor Ahiuma-Young 

The National Pension Commission (PenCom), on Thursday issued a fresh directive to all Licensed Pension Fund Operators, LPFOs, comprising Pension Fund Administrators, PFAs, and Pension Fund Custodians, PFCs.

In a move to deepen compliance with Contributory Pension Scheme. CPS, the Commission has barred all LPFOs from doing business with any service provider or vendor without a valid Pension Clearance Certificate PCC.

In a statement, the Commission explained that the   new directive prohibits transacting with service providers and vendors that do not remit pensions for their employees as evidenced by a Pension Clearance Certificate issued by PenCom.  

It quoted that Section 2 of the PRA 2014 mandates all employers in the public and private sectors—including Federal, State, and Local Governments—to participate in the Contributory Pension Scheme (CPS) and remit pension contributions no later than seven working days after salary payments.

According to the Commission, despite continuous engagement and enforcement measures, a significant number of employers remain non-compliant with this legal obligation. PenCom intensified its regulatory actions by appointing Recovery Agents, RAs, to audit defaulters, recover outstanding contributions, and enforce sanctions.

To further strengthen enforcement, improve compliance, and broaden pension coverage, the Commission directed that all LPFOs shall ensure that any vendor or service provider they engage presents a valid Pension Clearance Certificate (PCC) issued by the Commission as a condition for entering into or renewing Service Level or Technical Agreements.

It noted that “LPFOs must also ensure that investments are made only with companies and financial institutions that require PCCs from their own vendors and service providers.

It also mandates every Counterparty to execute a Compliance Attestation, confirming that it enforces the PCC requirement across its vendor network.  

This attestation must be updated annually and included in LPFO investment documentation.

Counterparties must also submit valid PCCs from their own vendors/service providers before engaging in any investment transaction with LPFOs, including those involving commercial papers, bond issuances, and bank placements.”

It directed LPFOs to integrate these requirements into their internal policies, vendor selection processes, due diligence procedures, governance, and investment risk assessment frameworks.

According to PenCom:”The Parent Companies, Subsidiaries, Holding Companies and Institutional Shareholders of LPFOs shall possess valid Pension Clearance Certificate (PCC) and ensure that every vendor and service provider engaged by them complies with the requirement of the PCC as a precondition for entering into any Service Level or Technical Agreement. The requirement for compliance attestation is also applicable to the categories.

“Accordingly, a six (6) month transition window from the date of issuing the above directives to LPFOs has been granted to allow full implementation.”