right as a former member of the Transitional Council. This fact he claims is supported
by the continuous renewal of his diplomatic passport which is one of the retirement
benefits for former members of the TC provided in the Act.
31.The Respondent contended that premised upon the circumstances under which
Applicant vacated the office of the Vice Chairman of the Council of State; that is to
say, by his premature and voluntary resignation, he is ineligible for the retirement
benefits as provided for under the above stated Act. In justifying the refusal to pay
the allege entitlement, they argued that the Applicant is fully aware that the
resignation from the Government to contest the 1997 elections stripped him of the
qualifications as a retiree of the Government of the Respondent and therefore not
entitled to any of the benefit under The Retirement Benefit Act
32.It is the further argument of the Respondent that the Applicant is not a retiree within
the contemplation of The Retirement Benefit Act because he is currently serving as
a member of the Parliament having been elected in that capacity by district 2 during
the recently concluded democratic general election in Liberia.
33.The strong contention of the Respondent is that the Applicant was not retired by
the Government of the Republic of Liberia, therefore he is not a retiree within the
contemplation of the Act and is precluded from enjoying all the benefits therein.
34.The definition of retirement will help to put the meaning of retiree in perspective.
Black’s Law Dictionary (10th Edition) Bryan A. Garner defines retirement as:
“Termination of one’s own employment or career, especially upon
reaching a certain age or for health reasons; retirement may be
voluntary or involuntary.”
The above definition categorizes retirement as either voluntary and involuntary;
the involuntary retirement implies that upon attaining certain age or fulfilling
recommended conditions in service, an employee is expected to withdraw from
service without any option, while the voluntary retirement captures a situation
where the employee for other reasons which may be for health concerns or in
pursuant of other personal goals or objectives decides to leave the service on
his/her own accord before attaining the mandatory retirement age.
35.The Respondent in canvassing their case contended that a voluntary resignation
does not amount to retirement and the Applicant having resigned from his office as
Vice Chairman of the transitional council to contest an election, was “never
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