KOROR (Palau Horizon) — The Social Security Administration has filed a petition to dismiss the class suit against it on grounds that the plaintiff “is not a proper representative” of the group of Filipino workers seeking relief.
“A class representative must be a part of the class and possess the same interest and suffer the same injury as the class members,” according to SSA’s motion.
Attached with the motion was an affidavit supporting the petition to dismiss the case.
According to the testimony of the custodian of SSA records, the plaintiff continuously receives retirement benefits.
SSA claims that the plaintiff had received retirement benefits more than he contributed to the system.
Meanwhile, the lawyer representing the Philippine nationals asked Palau lawmakers to look into the law that created the Social Security Administration.
The Filipinos sued the agency to contest the constitutionality of current law disallowing foreign workers to claim retirement benefits once they leave the country.
The group earlier asked the Palau Supreme Court to issue an “immediate restitution” to them.
Johnson Toribiong, legal counsel for the plaintiffs led by Olimpio Griarte, current president of the Filipino Community in Palau, asked legislators to repeal certain provisions in the law that created SSA.
“I would like to encourage you to (consider) repealing 14 PNC 760 and to allow foreign nationals who have contributed to the system to receive the appropriate benefits,” Toribiong said in a letter to the leaders of the national legislature.
According to the current SSA mandate, foreign workers are not entitled to receive benefits if they reside outside Palau in excess of six months.
“I am confident that you can appreciate the injustice of the denial of Social Security benefits to those foreign national workers who faithfully contributed to the system without any possibility of benefiting (from it),” Toribiong said.
