honorably retired by the government of the Republic of Liberia”. It is the opinion of
the Court that a disengagement whether voluntary or otherwise from office can be
classified as resignation or retirement and to the extent that it was not an
impeachment or based on infraction of law amounts to retirement within the law.
In the instant case, the Applicant falls within the voluntary act of disengagement
from service and therefore is properly regarded as a retiree albeit voluntary. The
Court must now determine whether resignation robs the Applicant the status of a
“former member” of the transitional council making him ineligible for the benefits
specified in The Retirement Benefit Act. It is noteworthy that the Respondent hung
most of their defense on the fact that the Applicant is not a retiree and their pleas
is replete with the word “retiree”.
36.In this wise, it becomes imperative to analyse The Retirement Benefit Act with a
view to discerning the spirit behind it and the contemplation of its makers. For the
purpose of clarity, The Retirement Benefit Act is reproduced again.
An Act to Provide for Retirement Benefits for Former Interim President, Chairman,
and Vice Chairman of the Council of State, Speaker, Deputy Speakers, and Members
of the Transitional Legislative Assembly, Chief Justices and Associate Justices of the
Supreme Court:
Section 1:
“That from and Immediately after the passage of this Act, all Former
Interim President, Chairman, and Vice Chairman of the Council of
State, Speaker, Deputy Speakers, and Members of the Transitional
Legislative Assembly, Chief Justices and Associate Justices of the
Supreme Court of Liberia in the Transitional Legislative Assembly are
hereby entitled to and shall receive from the Republic of Liberia,
commencing as of the date of Inauguration of the first democratically,
post war elected President, as follow to wit:
Section 1 (1):
“Former Interim President, Chairman, and Vice Chairman of the
Council of State, Speaker, Deputy Speakers, and Members of the
Transitional Legislative Assembly, Chief Justices and Associate
Justices of the Supreme Court shall receive 50% (fifty percent) of
the salaries per annum of the incumbents of the respective offices.
In addition, the Chairman shall be provided with personal staff and
facilities for the rest of his life. The amount for this purpose
Shall not be less than USD$5, 000.00(Five Thousand United States
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