RESTRICTED —— Headquarters Nigerian Army Medical Corps P.M.B 12019 Victoria Island Lagos. Tel: 09069744926, ogose624841 03098624878 E-mail: hg.name@army.mil.ng See Distribution oe 17 NAMC/G1/300/81 OBSERVATIONS ON NOTIFICATION OF RETIREMENT TO NAMC OFFICERS References: A AHQ MS/G1/300/226 dated 27 Sep 17. B. AHQ MS/G1/300/326 dated 26 Sep 17. c Public Service Rules 2008 Edition. Dd. Harmonized Term and Conditions of Service for Officers 2012 (Revised). 1. Reference A recently notified 23 senior officers of the NAMC of retirement based on the provision of Paragraph 020810 (I) of Public Service Rules (PSR) 2008 Edition. This provision states that ‘the compulsory retirement age for all grades in the service shall be 60 years or 35 years of pensionable service whichever is earlier’. This was applied vide Reference B to procedurally require that military service as soldiers be automatically merged on commission. This is contrary to the provision of Paragraph 02. 04 (t) of Paragraph D which states the “pensionable service is military service with the period of cadet training subject to the law in force minimum of which: a Service as a soldier/rating/airman counts in full, for Executive/Special Duty/Branch Commission, subject to the individual being commissioned immediately after such service without a break or on application as specified in Para 02. 10 (f). b. Unbroken service as an officer counts in full.” 2 In view of the fact that merger of service is voluntary under Paragraph 02.10 (f) of HTACOS Officers (2012) Revised, the automatic merger in Reference B could be rescinded. Furthermore, the intention of Paragraph 01.03 (b) of HTACOS for Soldiers 2012 (Revised) is to 1 RESTRICTED ‘Unauthorized disclosure, transmission, reproduction or retention of information on this sheet vilates the Offical Secret Act 1962"RESTRICTED augment the pension of the soldier granted SSC, DRC, DSSC or EC where the lenath of service is inadequate for pension purposes. 3. The provision of HTACOS for Officers 2012 (Revised) in Paragraph 02.10 —_(c) states that ‘An officer may only serve for a maximum of 35 years after commission, except as deemed fit by the C ~ in C’. This precludes the interpretation of PSR for its implementation. In addition, Paragraph 010101 of the PSR states ‘ These PSR apply to all officers except where they conflict with specific terms approved by the Federal Government and written into contract of employment or letter of appointment. This implies that the provisions of HTACOS which is the terms of contract for NA personnel overrides the PSR in particular on issues of length of service and maximum age at retirement where the HTACOS is explicit. 4. Automatic merger of service and the recourse to 35 years rule of PSR (2008) Revised has the following implications on the NAMC: a Decimation of top hierarchy of the NAMC. b. Retirement of Ag Comdt NASMS, DG MODHIP, all Dirs of NA, Reference Hospitals, Comdt AFSHK, MD NASDMU, 5 Dirs at HQ NAMC, Comd, CMSY and some senior nurses, med laboratory scientist, seven Consultants and other professionals. = Adverse effect on NA healthcare delivery system due to sudden —_exit of these senior officers. d. Breach of extant provisions of HTACOS Officers (2012) Revised that made merger of service voluntary within 3 years of commission. €. Misapplication of PSR (2008) provisions of maximum length of service and age for retirement to the NA where the provisions for such are stipulated in HTACOS Officers and Soldiers (2012) Revised 5. In view of the above, this Headquarters hereby makes the following prayers to the coas: 2 RESTRICTED ‘Unauthorized disclosure, transmission, reproduction or retenton oF information on ths shect violates the Offical Secret Act 1962”RESTRICTED @ To direct AHQ MS to rescind the automatic merger of service conveyed vide Reference B as it Is not in accordance with relevant provisions of HTACOS for Officers (2012) Revised that stipulated that it is voluntary. b. Direct AHQ MS to apply Paragraphs 02.04(t) of HTACOS for Officers (2012) Revised which states that ‘Pensionable service is military service’ and 02,10(c) which defines military service as period after commission once previous public service was not merged. Bi To cause AHQ MS to recall the notification letters issued on the basis of Reference B. Re CB WAND. Brig Gen Ag CCM Distribution: External: Action: Office of the COAS Information: AHQ DAPP AHQ DOAA AHQ MS. 2 RESTRICTED “Unauthorized dsciosue, transmission, reproduction or retention of information on this sheet violets the Official Secret Act 1962"