Senate
Session 2019/2020
3 speeches
May 13, 2020
Official Hansard Report - Senate
Download PDF transcriptSession Summary
Simplified for YouThe Senate discussed a bill allowing people to withdraw up to $12,000 from their pension funds as a one-time hardship payment due to COVID-19's economic impact. This builds on existing hardship withdrawal provisions that have provided $32.8 million to families since 2010. All Senators supported the measure but debated the balance between immediate financial relief and protecting people's retirement savings. There was also discussion about government spending cuts and the need for long-term economic planning.
Key Topics
COVID-19 emergency regulations and public health measuresNational Pension Scheme amendment allowing hardship withdrawals up to $12,000Economic support measures for unemployed and financially struggling residentsGovernment spending and fiscal responsibility during the pandemicFinancial awareness and education for pension holders
Bills & Motions
National Pension Scheme (Occupational Pensions) Amendment Act 2020 - passed second reading with support from all parties
Multiple COVID-19 emergency regulations presented for information (no votes required)
Two additional pension regulations to be considered later in the meeting
Notable Moments
Senator Jones called for MPs and Senators to voluntarily cut their own salaries to show solidarity with struggling residents
Attorney General Simmons emphasized "Who feels it knows it" - stressing that the hardship is happening now, not in the future
Several Senators warned people to only withdraw pension money if absolutely necessary, as it will impact their retirement income
Debate Transcript
3 speeches from 3 speakers
Madam President. (Anthony.)
The President
Yes. You have the floor. Sen. Anthony Richardson: Good morning to you, Madam President, fellow Senators and members of the listening audience. I just want to add a few comments actually from a general perspective. And that is on the basis that, you have to first of all, I believe, …
Yes. You have the floor.
Sen. Anthony Richardson: Good morning to you,
Madam President, fellow Senators and members of
the listening audience.
I just want to add a few comments actually
from a general perspective. And that is on the basis that, you have to first of all, I believe, think to some
degree of the historical development of pensions in
Bermuda. And my experience would come more from
the public sector in terms of reference to the gover nment previously. And that we originally had the Pensions Act 1970, which officially covered what we generally refer to as white- collar employees. And then in
1981, they introduced the Public Service Superannu ation Act for what we call the blue- collar workers.
And if anyone took the time to examine the
contents or the difference between those two, you
would understand that there has always been a difference in the preparation for different classes of wor kers, based upon those Acts. And what I mean b y that,
very briefly, is that the original Act of 1970 included
the white- collar workers and not the blue- collar wor kers. So automatically you had a disadvantage towards the blue- collar workers up until 1981. And then there
were some other differences in t he actual ability to get
a pension.
And so, in 1998 when the National Pension
Scheme was introduced, it did create to some degree a level playing field. But prior to that, many in the pr ivate sector did not even have the benefit of a pension
at all upon r etirement. And very often what happened
was they would work many, many years, get to a stage of retirement, and then what they will receive is a nice gift, but not a pension scheme.
And so, if you fast forward to today, I think we
have to recognise the fact that the current opportunity is a necessary opportunity for all persons who are currently undergoing financial hardship. And I do not b elieve that the current financial hardship has any limits.
We are all going to be subject to that, given where we
are and the impact of COVID -19. And so my point is
that each of us has to carefully consider [ INAUDIBLE ].
[Crosstalk ; feedback ]
Sen. Anthony Richardson: We have to carefully
consider our personal circumstances as we go
910 13 May 2020 Official Hansard Report
Bermuda Senate through this process of deciding if we may or may not
participate in this hardship withdrawal.
And I caution everyone: While we are in the
midst of this [INAUDIBLE] .
[Inaudible speech due to electronic feedback]
The President: I do not know whose microphone it is.
[Inaudible speech due to electronic feedback]
The Clerk: Hold on.
[Inaudible crosstalk; pause ]
Sen. Anthony Richardson: So, continue?
The President: Yes, please. Carry on, Senator A nthony Richardson.
Sen. Anthony Richardson: So my next point was
that each of us ought to consider our personal circumstances before deciding how to participate in what is
definitely a good measure that is being put forth by the
Government. For the economy to move, I think it is
going to be interesting to see how many people do
participate in this withdrawal, because that is going to
have a big impact on the overall economy if we think
about the multiples of $12,000 who might participate.
So I think that is going to be important for all of us to
observe.
And as Senator Campbell has already given
to us the stats as to what has been withdrawn in the
past, and as Senator Jardine just said, it has been
interesting to see that people have been responsible
in the context that most withdrawals have been for
education. And so, it will be interesting going forward
to see that continued level of responsibility and dec isions on how these monies are withdrawn and subs equently paid.
I do note that one of the earlier comments
talked about the fact that people might withdraw the
money and pay down existing debt. But even that is a
good thing to do because if I pay down my existing
debt, it means that I will then have other funds to use
on a more discretionary level. And to underscore also what some other Senators have said, it is going to be
important for us, Berm uda generally, to undertake
some significant opportunities to better understand the
ideas of how to budget, how to spend, how to plan.
And for all of us individually, to determine how
we are going to be more disciplined financially. And so to the extent t hat Anthony used to go and buy certain
things, he cannot do that right now under the current
context because my revenue is not going to allow that
to take place. And while each of us has significant personal desires, we have to put those in check in
order to sustain ourselves going forward. And my final comment is that pensions generally are described as “ savings for tomorrow .” But I
want to underscore that the value of this asset right now is that there is actually no tomorrow without a
today. And what I mean by that is that if I cannot get
through today, I am not going to have a tomorrow, and
so by all means it is very practical today to access the
funds that I do have for any emergency need, but
keeping an eye on the fact that there will be a tomorrow. So the conundrum for all of us is going to be,
how critical is the need today that we will access
these funds as against our tomorrow to come later,
maybe at retirement, for example, when we have to
then decide how to spend?
And so it is just to really be careful, very, very
careful in terms of the decision to withdraw the funds
and then how those funds are going to be spent, and also to ensure, certainly for the elderly persons, that
they do not withdraw the funds and then allow their
children or family members to actually take advantage
of the funds because, as we all know, $12,000 is not
going to go that far if suddenly everybody comes and needs to borrow or otherwise get money from mommy
or granny or however the case may be. And so I think
it is going to be quite a bit of need also to protect seniors, who may be vulnerable, from their own family
members. Thank you, Madam President.
The President: Thank you, Senator Anthony Ric hardson.
Would any other Senator care to speak on
this Bill?
Sen. the Hon. Kathy Lynn Simmons: Madam Pres ident.
The President: Madam Attorney General, you have
the floor.
Sen. the Hon. Kathy Lynn Simmons: Thank you.
Madam President, this Bill is one of several
social cause initiatives that the Government has intr oduced to addr ess the financial needs of members in
the community. And the Minister of Finance has act ually correctly struck the right balance between the
long-term implications on a person’s retirement i ncome and the very apparent and immediate need for
members in the community. He has actually gotten
the balance right.
And whilst the Government has and will pr ovide economic support to those in need of support financially during these challenging times, in keeping
with responsible leadership, as Senator Campbell
previously stated, the Pension Commission will in fact
be requested to engage in financial awareness and
financial planning campaigns .
There is a phrase that I would like to remind
Senators of, and I have listened very closely to the discourse around this parti cular initiative. And that
Bermuda Senate phrase is Who feels it knows it. So the day of reckoning is actually not in the future. It is now. But it is quite
apparent to me that the future will be very different,
and it will present its own very unique challenges. This
legislation is not intended to be a long- term solution.
But when you have families who are living from pay
cheque to pay cheque, they actually look to our Government for leadership and support. But more so, they
need and require our empathy.
We sit today as Senators who are employed.
So as we exercise our responsibilities to scrutinise legislation and to advocate for protection of the public
purse, I would like to take a moment to remind Senators that our efficacy must include as a primary focus,
particularl y at this time, our commitment to ensure that
people’s fundamental human rights or basic needs are
actually met as far as we can contribute to that exercise. So I feel very privileged today, Madam Pres ident, to know where my family’s next meal is coming
from. But we can all accept and acknowledge that
there is a large segment of the community that is not
in that position.
So I encourage Senators to put aside the political jargon, do the necessary scrutiny as required as
a part of our mandate, but to ensure as we embark
upon this very long road to collaboratively devise le gislative solutions to this pandemic that we do not for-get that we are actually responsible for human needs.
And our primary emotion should be empathy.
Thank you, Madam President.
The Pre sident: Thank you, Senator Kathy Lynn Si mmons, Attorney General and Government Leader in
the Senate.
Would anybody else . . . would any other
Senator care to speak on this Bill?
Sen. Dwayne Robinson: I would, Madam President.
(Senator Robinson.)
The Pre sident: Senator Robinson, you have the floor.
Sen. Dwayne Robinson: Thank you so much.
Just so that we can underscore a very i mportant point here with this legislation, it is not lost on
the Opposition that there are Bermudians out there who are in dire need and require this legislation in order to feed their families. And most of us are receiving
these stories every day as we conduct our various
philanthropy and engagement with the community.
What I will say is that as leaders, and as appointed leaders and as elected leaders, it is also our
duty to ensure that when we do take these sorts of
measures, we take into account that a future is also in
the equation. So, we have young folks who are struggling as well and will not have up to $12,000 in their pens ion. And they are allowed to withdraw for up to
$12,000. So if we are just looking at the legislation as it is, a young person could potentially —potentially —withdraw a significant amount of their pension which
may somewhat empty it. If this is the case, we as
leaders have to also look at the measures which we
can do for the future to ensure that folks who are
withdrawing from their pensions in order to sustain their families now will have an opportunity to replenish
that account for when they retire later.
The issue that the Opposition is trying to drive
forward here is that we do not want to be kicking a can down the road. If we are to pass this legislation,
which obviously we will, as the Opposition is in sup-port of it, we have to make sure that later on we have
an economy, we have job opportunities and we have
a direction which allows folks to be able to replenish
those funds, or all we are doing is robbing Peter to
pay Paul. At the end of the day, my Leader has el oquently laid out the necessary steps needed in order
to ensure that this country moves in the direction it
needs to [in order] to recover post COVID -19.
Now, the Opposition is definitely supportive of
bipartisan efforts regarding the health and safety of
Bermudians. But regarding this particular legislation, which is more so on the social and economic side, we
have to outline the fact that if people are going to
withdraw from this, we have to, have to, have to make
sure that they will be able to replenish it. And as the
current state of the econ omy is, and the current state
of the economic direction, that does not look like it will
be the case.
So the next step is to talk about how we as a
Government —I mean, all of us as elected officials —
can concoct ways in which the government can be-come more efficient and have more funds available to
it to complement this particular legislation. We cannot ask people who are struggling and starving if they
need a loaf of bread, because they will say yes. But if
we as leaders having said, Well, we have 12 loaves of
bread in storage, then all we are doing is emptying out
the storage with no way of replenishing it —which is
only going to lead to those same folks needing more
in the future that we cannot provide.
So yes, we have to make sure families can
support them selves. Yes, we have to make sure that
we can pass short -term fixes. But we also have to
make sure that those folks who are using the short -
term fixes to sustain their families have long- term fixes
in the works. And that is something that at the m oment the Opposition is not sure about.
So yes, I will support this legislation because I
do know plenty of people who need to withdraw these
funds for emergency reasons and to pay their next bill or to feed their families. But at the same time, it is r emiss of me as somebody in a leadership position, and
all of us, if we do not urge our colleagues to share the financial load, to urge the Government to curb its
spending so that it will be able to sustain the people
with more social endeavours in the future.
So wit h those comments, Madam President, I
will close. Thank you.
912 13 May 2020 Official Hansard Report
Bermuda Senate The President: Thank you, Senator Dwayne Robi nson.
Would any other Senator care to speak on
this Bill?
No?
Then, Senator Campbell, it is over to you.
There are a couple of questions that have been put
forward.
Sen. Vance Campbell: Thank you, Madam President.
I want to thank my fellow Senators for their
support and also their concerns because rest assured
the Government has wrestled with those same concerns when it comes to persons accessing their pe nsion funds. It is not lost on the Government that granting too much access, particularly in a short period of
time, will have considerable implications for the longterm liability of a retiree’s pension.
We have certain measures or reasons why
you can access funds. Rest assured that those are
not the exhaustive list of requests that the Gover nment is approached on to allow access for. And the
Government takes its responsibility, the long- term r esponsibility seriously. So we only have four or five areas where people can access their pensions under
hardship. But rest assured there are many more r equests that the Government receives.
Madam President, I have heard lots of co mments about the future. And I believe Madam Attorney
General summarised when she said (maybe not in
these words) the future is now for some of our cit izens. The hardship that they face has brought their
future forward to today. Young persons, as long as they are employed, will make contributions and they
have a number of years. They have 20, 30 and in
some cases maybe even 40 years and more to make
future contributions to their pensions. But for some the
future is now.
Madam President, there was a question
around the application process. And that application
process, Madam President, is covered under the
regulations, which we will go into later in this session
once we have finished this Bill. So we can ask Senator Jones to hold off. He will see within those regul ations, which I would imagine he has read, the applic ation process clearl y laid out within those regulations.
There was also a question around why the
date of the 30
th of June 2021 [was selected]. Madam
President, no one knows how long the impact of COVID -19 will go on; how far into the future we will
feel the economic impact in particular. It must be r emembered that this legislation only provides for a onetime withdrawal of $12,000.
And so it was felt by Cabinet that the date of
the 30
th of June was a deadline far enough into the
future which would enable those per sons who m ay not
need to take advantage of that withdrawal right now
[to] be able to do so at least for a little more than the next year should their circumstances, their financial
condi tions worsen.
Madam President, I cannot remember the
specific situation that Se nator Jones referred to, but I
will answer what I believe the question was in this
way. And if I do not answer his question, then I will have to defer an answer to Senator Jones later on. It
is a bit dodgy when you take on specific cases.
But first of all , Madam President, he talked
about a one- time up to $12,000, a one- time withdra wal is not ap plicable to those who have already retired.
So I am not sure if that answers Senator Jones’s
question as to why that person was denied.
There is also . . . the ele ment that annuities
are not eligible, as an individual would have entered
into an unbreakable contract with an insurance company in that scenario. And in accepting a person’s funds, the insurance company is guaranteeing this
person’s monthly pension irrespective of the inves tment market scene. And so if that individual did enter into annuities, that is a caution that we would like to
put out there.
You know, one must be careful when entering
into any pension contracts.
So I am not sure if that answers the question
or questions that Senator Jones had around that individual instance. But at this time that is the best I can
do with the [question] that I thought I heard being asked.
I believe that takes care of all of the questions, Madam President.
The Pres ident: Yes.
So, carry on, Senator Campbell.
Sen. Vance Campbell: So with that, Madam Pres ident, I move that the Bill entitled the National Pension
Scheme (Occupational Pensions) Amendment Act
2020 be now read a second time.
The President: Is there any objection to that motion?
No objection.
Carry on, Senator Campbell.
SUSPENSION OF STANDING ORDER 2 6
Sen. Vance Campbell: Madam President, I move that
Standing Order 26 be suspended in respect of this
Bill.
The President: Is there any objection to that motion?
No objection.
Carry on.
[Motion carried: Standing Order 26 suspended.]
Bermuda Senate BILL
THIRD READING
NATIONAL PENSION SCHEME (OCCUPATIONAL
PENSIONS) AMENDMENT ACT 2020
Sen. Vance Campbell: Madam President, I move that
the Bill entitled National Pensi on Scheme (Occupational Pensions) Amendment Act 2020 be now read a
third time.
The President: Is there any objection to the third
reading?
No objection.
Sen. Vance Campbell: Madam President, I move that
the Bill do now pass.
The President: It has been moved that the Bill ent itled the National Pension Scheme (Occupational Pensions) Amendment Act 2020 do now pass.
Is there any objection to that motion?
No objection.
The Bill is passed.
[Motion carried: The National Pension Scheme (O ccupational Pensions) Amendment Act 2020 was read
a third time and passed.]
The President: Thank you, Senator Campbell.
Sen. Vance Campbell: Thank you, Madam President.
The President: We will now move on to the second
Order of the Day. And that is consideration of the draft
Regulations entitled the National Pension Scheme
(Lump Sum Refund) (Retiree) Regulations 2020. And
I believe, Senator Campbell, that is your Bill as well.
Sen. Vance Campbell: That is correct, Madam Pres ident.
Madam President, may I make the suggestio n
that we do the remaining two Bills in the reverse order? I think it ties into the legislature just passed a bit
more tidily.
The President: Certainly. Yes, you certainly may do
that.
SUSPENSION OF STANDING ORDER 71(2)
Sen. Vance Campbell: Thank you, Madam President.
Madam President, I move that Standing Order
71(2) be suspended so that Senate may now proceed
with consideration of the two sets of draft Regulations entitled the National Pension Scheme (Refund) (Te mporary) Regulations 2020 and the National Pension Scheme (Lump Sum Refund) (Retiree) Regulations
2020.
The President: Is there any objection to that motion?
No objection.
Carry on, Senator Campbell.
[Motion carried: Standing Order 71(2) suspended.]
Sen. Vance Campbell: With your permission just
granted, Madam President, I move that the Senate do
now take under consideration the draft Regulations
entitled the National Pension Scheme (Refund) (Te mporary) Regulations 2020.
The President: Is there any objection to that motion?
No objection.
Carry on, Senator Campbell.
REGULATIONS
NATIONAL PENSION SCHEME (REFUND)
(TEMPORARY) REGULATIONS 2020
Sen. Vance Campbell: Thank you, Madam President.
Madam President, I am pleased to present the
National Pension Scheme (Refund) (Temporary)
Regulations 2020 for the consideration of the Senate.
Madam President, the just -passed National
Pension Scheme ( Occupational Pensions ) Amen dment Act 2020 provided the authority to permit me mbers and former members of defined contribution pension plans and individual local retirement products to be able to voluntarily withdraw up to $12,000, a onetime withdrawal. The amendment Act clearly provides
the rationale for allow ing these withdrawals, and these
regulations provide the framework for applying for the
refund and other related matters, such as applicants
having more than one account, statement of account, incomplete or defective applications, consideration of
applicat ions, decisions of administrators, payment of
refunds, non- imposition of charges by administrators,
administrator compliance, administrator recordkeeping, administrator reporting to the Commission, co mmencement and expiry of the regulations, and finally supplementary provisions.
Madam President, applications for other types
of financial hardship refunds are primarily made through the Pension Commission. However, to i ncrease efficiency and timeliness of refunds, the appl ications for these refunds will be managed and pr ocessed by the pension plan administrators. Madam
President, it is believed this will make the process
more efficient, as the administrators would have more
staff and resources, collectively, than the Pension Commission.
Madam President, these regulations provide
various checks and balances to ensure that applic ations are correct and that plan members only apply
914 13 May 2020 Official Hansard Report
Bermuda Senate once in their lifetime and limit the withdrawal to not
more than $12,000 for all accounts held by the appl icant.
Madam President, the Pension Commission is
currently preparing guidance notes for the administr ators to ensure that this process runs smoothly and so
that we can put money into members’ pockets as
soon as possible.
Madam President, the specifics of the pr oposed regulations are as follows:
Regulation 1 is self -explanatory and provides
for the citation of the Regulations.
Regulation 2 inserts various definitions.
Regulation 3 provides for those who can apply
under the regulations and the time limit for making
such applicat ions. And as we have heard in discus sing the previous piece of legislation, all applications must be made before the 30
th of June 2021.
Regulation 4 provides for the process for applying for a refund.
Regulation 5 enables persons with more than
one account to submit an application for any or all of
their accounts, but limits the total refund to $12,000.
Regulation 6 requires a written statement of
account to be received from an administrator within seven working days.
Regulation 7 provides for the handl ing of i ncomplete or defective applications. And it should be noted that the applicant has a time period specified by
the administrator within which to complete for running
the application.
Regulation 8 provides for the consideration of
applications by administrators and restrictions on a pproving such applications. The keynote here, Madam
President, is that the vested portion only is considered
by the administrator when it determines the funds
available.
Regulation 9 provides for the decisions of
administ rators and notification of such to applicants.
And again, Madam President, if the application is approved, it must state the amount of the refund. If the
application is denied, it must state the reason why it
was denied. And these must be communicated in w riting to the applicant.
Regulation 10 provides for the payment of
refunds for any approved applications within 20 wor king days.
Regulation 11 prohibits administrators from
imposing a charge in performing their duties or r equirements under the regulations.
Regulation 12 provides for the administrator’s
compliance with the regulations, notwithstanding any contrary terms of a pension plan or local retirement
product and having regard to any advice or guidance
issued by the Commission.
Regulation 13 spec ifies recordkeeping r equirements by administrators. And I want to highlight that the administrators shall retain every application
received with supporting documents, together with notices issued and the materials and information supporting this determinat ion of that application.
Regulation 14 provides for the requirement to
submit monthly reports to the Commission and the
information contained in such reports.
And if I can read the list of requirements,
Madam President?
The President: You certainly may. Carry on, Senator
Campbell.
Sen. Vance Campbell: That information contained in
that report should include a list of all applications made to the administration under these regulations. In
respect of each application, the following particulars:
the admini strator’s decision; where the application
was approved, the amount of the refund paid to the
applicant; where the application was denied, the reason for the denial; and any other information that the
Commission may reasonably require.
And Regulation 15, Madam President, deals
with the commencement of the Regulations. And
these Regulations will come into operation on such a
day as the Minister appoints by notice published in the
official Gazette.
So with that, Madam President, I will pause to
allow my fellow Senators to comment. Thank you,
Sen. Anthony Richardson: Good morning to you,
Madam President, fellow Senators and members of
the listening audience.
I just want to add a few comments actually
from a general perspective. And that is on the basis that, you have to first of all, I believe, think to some
degree of the historical development of pensions in
Bermuda. And my experience would come more from
the public sector in terms of reference to the gover nment previously. And that we originally had the Pensions Act 1970, which officially covered what we generally refer to as white- collar employees. And then in
1981, they introduced the Public Service Superannu ation Act for what we call the blue- collar workers.
And if anyone took the time to examine the
contents or the difference between those two, you
would understand that there has always been a difference in the preparation for different classes of wor kers, based upon those Acts. And what I mean b y that,
very briefly, is that the original Act of 1970 included
the white- collar workers and not the blue- collar wor kers. So automatically you had a disadvantage towards the blue- collar workers up until 1981. And then there
were some other differences in t he actual ability to get
a pension.
And so, in 1998 when the National Pension
Scheme was introduced, it did create to some degree a level playing field. But prior to that, many in the pr ivate sector did not even have the benefit of a pension
at all upon r etirement. And very often what happened
was they would work many, many years, get to a stage of retirement, and then what they will receive is a nice gift, but not a pension scheme.
And so, if you fast forward to today, I think we
have to recognise the fact that the current opportunity is a necessary opportunity for all persons who are currently undergoing financial hardship. And I do not b elieve that the current financial hardship has any limits.
We are all going to be subject to that, given where we
are and the impact of COVID -19. And so my point is
that each of us has to carefully consider [ INAUDIBLE ].
[Crosstalk ; feedback ]
Sen. Anthony Richardson: We have to carefully
consider our personal circumstances as we go
910 13 May 2020 Official Hansard Report
Bermuda Senate through this process of deciding if we may or may not
participate in this hardship withdrawal.
And I caution everyone: While we are in the
midst of this [INAUDIBLE] .
[Inaudible speech due to electronic feedback]
The President: I do not know whose microphone it is.
[Inaudible speech due to electronic feedback]
The Clerk: Hold on.
[Inaudible crosstalk; pause ]
Sen. Anthony Richardson: So, continue?
The President: Yes, please. Carry on, Senator A nthony Richardson.
Sen. Anthony Richardson: So my next point was
that each of us ought to consider our personal circumstances before deciding how to participate in what is
definitely a good measure that is being put forth by the
Government. For the economy to move, I think it is
going to be interesting to see how many people do
participate in this withdrawal, because that is going to
have a big impact on the overall economy if we think
about the multiples of $12,000 who might participate.
So I think that is going to be important for all of us to
observe.
And as Senator Campbell has already given
to us the stats as to what has been withdrawn in the
past, and as Senator Jardine just said, it has been
interesting to see that people have been responsible
in the context that most withdrawals have been for
education. And so, it will be interesting going forward
to see that continued level of responsibility and dec isions on how these monies are withdrawn and subs equently paid.
I do note that one of the earlier comments
talked about the fact that people might withdraw the
money and pay down existing debt. But even that is a
good thing to do because if I pay down my existing
debt, it means that I will then have other funds to use
on a more discretionary level. And to underscore also what some other Senators have said, it is going to be
important for us, Berm uda generally, to undertake
some significant opportunities to better understand the
ideas of how to budget, how to spend, how to plan.
And for all of us individually, to determine how
we are going to be more disciplined financially. And so to the extent t hat Anthony used to go and buy certain
things, he cannot do that right now under the current
context because my revenue is not going to allow that
to take place. And while each of us has significant personal desires, we have to put those in check in
order to sustain ourselves going forward. And my final comment is that pensions generally are described as “ savings for tomorrow .” But I
want to underscore that the value of this asset right now is that there is actually no tomorrow without a
today. And what I mean by that is that if I cannot get
through today, I am not going to have a tomorrow, and
so by all means it is very practical today to access the
funds that I do have for any emergency need, but
keeping an eye on the fact that there will be a tomorrow. So the conundrum for all of us is going to be,
how critical is the need today that we will access
these funds as against our tomorrow to come later,
maybe at retirement, for example, when we have to
then decide how to spend?
And so it is just to really be careful, very, very
careful in terms of the decision to withdraw the funds
and then how those funds are going to be spent, and also to ensure, certainly for the elderly persons, that
they do not withdraw the funds and then allow their
children or family members to actually take advantage
of the funds because, as we all know, $12,000 is not
going to go that far if suddenly everybody comes and needs to borrow or otherwise get money from mommy
or granny or however the case may be. And so I think
it is going to be quite a bit of need also to protect seniors, who may be vulnerable, from their own family
members. Thank you, Madam President.
The President: Thank you, Senator Anthony Ric hardson.
Would any other Senator care to speak on
this Bill?
Sen. the Hon. Kathy Lynn Simmons: Madam Pres ident.
The President: Madam Attorney General, you have
the floor.
Sen. the Hon. Kathy Lynn Simmons: Thank you.
Madam President, this Bill is one of several
social cause initiatives that the Government has intr oduced to addr ess the financial needs of members in
the community. And the Minister of Finance has act ually correctly struck the right balance between the
long-term implications on a person’s retirement i ncome and the very apparent and immediate need for
members in the community. He has actually gotten
the balance right.
And whilst the Government has and will pr ovide economic support to those in need of support financially during these challenging times, in keeping
with responsible leadership, as Senator Campbell
previously stated, the Pension Commission will in fact
be requested to engage in financial awareness and
financial planning campaigns .
There is a phrase that I would like to remind
Senators of, and I have listened very closely to the discourse around this parti cular initiative. And that
Bermuda Senate phrase is Who feels it knows it. So the day of reckoning is actually not in the future. It is now. But it is quite
apparent to me that the future will be very different,
and it will present its own very unique challenges. This
legislation is not intended to be a long- term solution.
But when you have families who are living from pay
cheque to pay cheque, they actually look to our Government for leadership and support. But more so, they
need and require our empathy.
We sit today as Senators who are employed.
So as we exercise our responsibilities to scrutinise legislation and to advocate for protection of the public
purse, I would like to take a moment to remind Senators that our efficacy must include as a primary focus,
particularl y at this time, our commitment to ensure that
people’s fundamental human rights or basic needs are
actually met as far as we can contribute to that exercise. So I feel very privileged today, Madam Pres ident, to know where my family’s next meal is coming
from. But we can all accept and acknowledge that
there is a large segment of the community that is not
in that position.
So I encourage Senators to put aside the political jargon, do the necessary scrutiny as required as
a part of our mandate, but to ensure as we embark
upon this very long road to collaboratively devise le gislative solutions to this pandemic that we do not for-get that we are actually responsible for human needs.
And our primary emotion should be empathy.
Thank you, Madam President.
The Pre sident: Thank you, Senator Kathy Lynn Si mmons, Attorney General and Government Leader in
the Senate.
Would anybody else . . . would any other
Senator care to speak on this Bill?
Sen. Dwayne Robinson: I would, Madam President.
(Senator Robinson.)
The Pre sident: Senator Robinson, you have the floor.
Sen. Dwayne Robinson: Thank you so much.
Just so that we can underscore a very i mportant point here with this legislation, it is not lost on
the Opposition that there are Bermudians out there who are in dire need and require this legislation in order to feed their families. And most of us are receiving
these stories every day as we conduct our various
philanthropy and engagement with the community.
What I will say is that as leaders, and as appointed leaders and as elected leaders, it is also our
duty to ensure that when we do take these sorts of
measures, we take into account that a future is also in
the equation. So, we have young folks who are struggling as well and will not have up to $12,000 in their pens ion. And they are allowed to withdraw for up to
$12,000. So if we are just looking at the legislation as it is, a young person could potentially —potentially —withdraw a significant amount of their pension which
may somewhat empty it. If this is the case, we as
leaders have to also look at the measures which we
can do for the future to ensure that folks who are
withdrawing from their pensions in order to sustain their families now will have an opportunity to replenish
that account for when they retire later.
The issue that the Opposition is trying to drive
forward here is that we do not want to be kicking a can down the road. If we are to pass this legislation,
which obviously we will, as the Opposition is in sup-port of it, we have to make sure that later on we have
an economy, we have job opportunities and we have
a direction which allows folks to be able to replenish
those funds, or all we are doing is robbing Peter to
pay Paul. At the end of the day, my Leader has el oquently laid out the necessary steps needed in order
to ensure that this country moves in the direction it
needs to [in order] to recover post COVID -19.
Now, the Opposition is definitely supportive of
bipartisan efforts regarding the health and safety of
Bermudians. But regarding this particular legislation, which is more so on the social and economic side, we
have to outline the fact that if people are going to
withdraw from this, we have to, have to, have to make
sure that they will be able to replenish it. And as the
current state of the econ omy is, and the current state
of the economic direction, that does not look like it will
be the case.
So the next step is to talk about how we as a
Government —I mean, all of us as elected officials —
can concoct ways in which the government can be-come more efficient and have more funds available to
it to complement this particular legislation. We cannot ask people who are struggling and starving if they
need a loaf of bread, because they will say yes. But if
we as leaders having said, Well, we have 12 loaves of
bread in storage, then all we are doing is emptying out
the storage with no way of replenishing it —which is
only going to lead to those same folks needing more
in the future that we cannot provide.
So yes, we have to make sure families can
support them selves. Yes, we have to make sure that
we can pass short -term fixes. But we also have to
make sure that those folks who are using the short -
term fixes to sustain their families have long- term fixes
in the works. And that is something that at the m oment the Opposition is not sure about.
So yes, I will support this legislation because I
do know plenty of people who need to withdraw these
funds for emergency reasons and to pay their next bill or to feed their families. But at the same time, it is r emiss of me as somebody in a leadership position, and
all of us, if we do not urge our colleagues to share the financial load, to urge the Government to curb its
spending so that it will be able to sustain the people
with more social endeavours in the future.
So wit h those comments, Madam President, I
will close. Thank you.
912 13 May 2020 Official Hansard Report
Bermuda Senate The President: Thank you, Senator Dwayne Robi nson.
Would any other Senator care to speak on
this Bill?
No?
Then, Senator Campbell, it is over to you.
There are a couple of questions that have been put
forward.
Sen. Vance Campbell: Thank you, Madam President.
I want to thank my fellow Senators for their
support and also their concerns because rest assured
the Government has wrestled with those same concerns when it comes to persons accessing their pe nsion funds. It is not lost on the Government that granting too much access, particularly in a short period of
time, will have considerable implications for the longterm liability of a retiree’s pension.
We have certain measures or reasons why
you can access funds. Rest assured that those are
not the exhaustive list of requests that the Gover nment is approached on to allow access for. And the
Government takes its responsibility, the long- term r esponsibility seriously. So we only have four or five areas where people can access their pensions under
hardship. But rest assured there are many more r equests that the Government receives.
Madam President, I have heard lots of co mments about the future. And I believe Madam Attorney
General summarised when she said (maybe not in
these words) the future is now for some of our cit izens. The hardship that they face has brought their
future forward to today. Young persons, as long as they are employed, will make contributions and they
have a number of years. They have 20, 30 and in
some cases maybe even 40 years and more to make
future contributions to their pensions. But for some the
future is now.
Madam President, there was a question
around the application process. And that application
process, Madam President, is covered under the
regulations, which we will go into later in this session
once we have finished this Bill. So we can ask Senator Jones to hold off. He will see within those regul ations, which I would imagine he has read, the applic ation process clearl y laid out within those regulations.
There was also a question around why the
date of the 30
th of June 2021 [was selected]. Madam
President, no one knows how long the impact of COVID -19 will go on; how far into the future we will
feel the economic impact in particular. It must be r emembered that this legislation only provides for a onetime withdrawal of $12,000.
And so it was felt by Cabinet that the date of
the 30
th of June was a deadline far enough into the
future which would enable those per sons who m ay not
need to take advantage of that withdrawal right now
[to] be able to do so at least for a little more than the next year should their circumstances, their financial
condi tions worsen.
Madam President, I cannot remember the
specific situation that Se nator Jones referred to, but I
will answer what I believe the question was in this
way. And if I do not answer his question, then I will have to defer an answer to Senator Jones later on. It
is a bit dodgy when you take on specific cases.
But first of all , Madam President, he talked
about a one- time up to $12,000, a one- time withdra wal is not ap plicable to those who have already retired.
So I am not sure if that answers Senator Jones’s
question as to why that person was denied.
There is also . . . the ele ment that annuities
are not eligible, as an individual would have entered
into an unbreakable contract with an insurance company in that scenario. And in accepting a person’s funds, the insurance company is guaranteeing this
person’s monthly pension irrespective of the inves tment market scene. And so if that individual did enter into annuities, that is a caution that we would like to
put out there.
You know, one must be careful when entering
into any pension contracts.
So I am not sure if that answers the question
or questions that Senator Jones had around that individual instance. But at this time that is the best I can
do with the [question] that I thought I heard being asked.
I believe that takes care of all of the questions, Madam President.
The Pres ident: Yes.
So, carry on, Senator Campbell.
Sen. Vance Campbell: So with that, Madam Pres ident, I move that the Bill entitled the National Pension
Scheme (Occupational Pensions) Amendment Act
2020 be now read a second time.
The President: Is there any objection to that motion?
No objection.
Carry on, Senator Campbell.
SUSPENSION OF STANDING ORDER 2 6
Sen. Vance Campbell: Madam President, I move that
Standing Order 26 be suspended in respect of this
Bill.
The President: Is there any objection to that motion?
No objection.
Carry on.
[Motion carried: Standing Order 26 suspended.]
Bermuda Senate BILL
THIRD READING
NATIONAL PENSION SCHEME (OCCUPATIONAL
PENSIONS) AMENDMENT ACT 2020
Sen. Vance Campbell: Madam President, I move that
the Bill entitled National Pensi on Scheme (Occupational Pensions) Amendment Act 2020 be now read a
third time.
The President: Is there any objection to the third
reading?
No objection.
Sen. Vance Campbell: Madam President, I move that
the Bill do now pass.
The President: It has been moved that the Bill ent itled the National Pension Scheme (Occupational Pensions) Amendment Act 2020 do now pass.
Is there any objection to that motion?
No objection.
The Bill is passed.
[Motion carried: The National Pension Scheme (O ccupational Pensions) Amendment Act 2020 was read
a third time and passed.]
The President: Thank you, Senator Campbell.
Sen. Vance Campbell: Thank you, Madam President.
The President: We will now move on to the second
Order of the Day. And that is consideration of the draft
Regulations entitled the National Pension Scheme
(Lump Sum Refund) (Retiree) Regulations 2020. And
I believe, Senator Campbell, that is your Bill as well.
Sen. Vance Campbell: That is correct, Madam Pres ident.
Madam President, may I make the suggestio n
that we do the remaining two Bills in the reverse order? I think it ties into the legislature just passed a bit
more tidily.
The President: Certainly. Yes, you certainly may do
that.
SUSPENSION OF STANDING ORDER 71(2)
Sen. Vance Campbell: Thank you, Madam President.
Madam President, I move that Standing Order
71(2) be suspended so that Senate may now proceed
with consideration of the two sets of draft Regulations entitled the National Pension Scheme (Refund) (Te mporary) Regulations 2020 and the National Pension Scheme (Lump Sum Refund) (Retiree) Regulations
2020.
The President: Is there any objection to that motion?
No objection.
Carry on, Senator Campbell.
[Motion carried: Standing Order 71(2) suspended.]
Sen. Vance Campbell: With your permission just
granted, Madam President, I move that the Senate do
now take under consideration the draft Regulations
entitled the National Pension Scheme (Refund) (Te mporary) Regulations 2020.
The President: Is there any objection to that motion?
No objection.
Carry on, Senator Campbell.
REGULATIONS
NATIONAL PENSION SCHEME (REFUND)
(TEMPORARY) REGULATIONS 2020
Sen. Vance Campbell: Thank you, Madam President.
Madam President, I am pleased to present the
National Pension Scheme (Refund) (Temporary)
Regulations 2020 for the consideration of the Senate.
Madam President, the just -passed National
Pension Scheme ( Occupational Pensions ) Amen dment Act 2020 provided the authority to permit me mbers and former members of defined contribution pension plans and individual local retirement products to be able to voluntarily withdraw up to $12,000, a onetime withdrawal. The amendment Act clearly provides
the rationale for allow ing these withdrawals, and these
regulations provide the framework for applying for the
refund and other related matters, such as applicants
having more than one account, statement of account, incomplete or defective applications, consideration of
applicat ions, decisions of administrators, payment of
refunds, non- imposition of charges by administrators,
administrator compliance, administrator recordkeeping, administrator reporting to the Commission, co mmencement and expiry of the regulations, and finally supplementary provisions.
Madam President, applications for other types
of financial hardship refunds are primarily made through the Pension Commission. However, to i ncrease efficiency and timeliness of refunds, the appl ications for these refunds will be managed and pr ocessed by the pension plan administrators. Madam
President, it is believed this will make the process
more efficient, as the administrators would have more
staff and resources, collectively, than the Pension Commission.
Madam President, these regulations provide
various checks and balances to ensure that applic ations are correct and that plan members only apply
914 13 May 2020 Official Hansard Report
Bermuda Senate once in their lifetime and limit the withdrawal to not
more than $12,000 for all accounts held by the appl icant.
Madam President, the Pension Commission is
currently preparing guidance notes for the administr ators to ensure that this process runs smoothly and so
that we can put money into members’ pockets as
soon as possible.
Madam President, the specifics of the pr oposed regulations are as follows:
Regulation 1 is self -explanatory and provides
for the citation of the Regulations.
Regulation 2 inserts various definitions.
Regulation 3 provides for those who can apply
under the regulations and the time limit for making
such applicat ions. And as we have heard in discus sing the previous piece of legislation, all applications must be made before the 30
th of June 2021.
Regulation 4 provides for the process for applying for a refund.
Regulation 5 enables persons with more than
one account to submit an application for any or all of
their accounts, but limits the total refund to $12,000.
Regulation 6 requires a written statement of
account to be received from an administrator within seven working days.
Regulation 7 provides for the handl ing of i ncomplete or defective applications. And it should be noted that the applicant has a time period specified by
the administrator within which to complete for running
the application.
Regulation 8 provides for the consideration of
applications by administrators and restrictions on a pproving such applications. The keynote here, Madam
President, is that the vested portion only is considered
by the administrator when it determines the funds
available.
Regulation 9 provides for the decisions of
administ rators and notification of such to applicants.
And again, Madam President, if the application is approved, it must state the amount of the refund. If the
application is denied, it must state the reason why it
was denied. And these must be communicated in w riting to the applicant.
Regulation 10 provides for the payment of
refunds for any approved applications within 20 wor king days.
Regulation 11 prohibits administrators from
imposing a charge in performing their duties or r equirements under the regulations.
Regulation 12 provides for the administrator’s
compliance with the regulations, notwithstanding any contrary terms of a pension plan or local retirement
product and having regard to any advice or guidance
issued by the Commission.
Regulation 13 spec ifies recordkeeping r equirements by administrators. And I want to highlight that the administrators shall retain every application
received with supporting documents, together with notices issued and the materials and information supporting this determinat ion of that application.
Regulation 14 provides for the requirement to
submit monthly reports to the Commission and the
information contained in such reports.
And if I can read the list of requirements,
Madam President?
The President: You certainly may. Carry on, Senator
Campbell.
Sen. Vance Campbell: That information contained in
that report should include a list of all applications made to the administration under these regulations. In
respect of each application, the following particulars:
the admini strator’s decision; where the application
was approved, the amount of the refund paid to the
applicant; where the application was denied, the reason for the denial; and any other information that the
Commission may reasonably require.
And Regulation 15, Madam President, deals
with the commencement of the Regulations. And
these Regulations will come into operation on such a
day as the Minister appoints by notice published in the
official Gazette.
So with that, Madam President, I will pause to
allow my fellow Senators to comment. Thank you,
Madam President.
The President
Thank you, Senator Campbell. Would any Senator care to speak on these regulations? Any Senator? Sen. James S. Jardine: Madam President? The President: Senator Jardine. Sen. James S. Jardine: I just had one question on part of the regulations, and it relates to clause 4(4), which says, “The applicant shall …
Thank you, Senator Campbell.
Would any Senator care to speak on these
regulations?
Any Senator?
Sen. James S. Jardine: Madam President?
The President: Senator Jardine.
Sen. James S. Jardine: I just had one question on
part of the regulations, and it relates to clause 4(4),
which says, “The applicant shall provide such doc uments and information requested by the Administrator [in writing] that will assist the Administrator in determinin g the application.”
Presumably . . . and this is maybe a question
for Senator Campbell, it seems to me that it does say
there the administrator is given some guidance by the
Pension Commission as to the criteria for approving
this benefit. I assume that m ust be the case. That was
the question I had. Presumably the Pension Commi ssion is engaging with the administrator by, you know, to say that it has to be a hardship case, and it has to
ask for the following information. This is the question.
Thank you, Ma dam President.
The President: Thank you, Senator Jardine.
Would any other Senator care to speak on
these regulations?
Bermuda Senate [Pause]
The Clerk: Madam President, can you unmute Sen ator Campbell?
The President: Oh, sorry. Yes, sorry, sorry.
Sen. Vance Campbell: Madam President?
The President: Yes, sorry, Senator.
Senator Campbell, your response.
Sen. Vance Campbell: I was asking if Senator
Jardine can repeat his question because it was a bit
muffled from my side.
The President: Okay. Senator Jardine, woul d you
repeat your question, please?
Sen. James S. Jardine: Yes, certainly, Madam President.
The question I have related to . . . clause 4 of
the regulations, where it said, “ The applicant shall
provide such documents and information requested by
the Admi nistrator in writing that will assist the Admini strator in determining the application.”
My question to Senator Campbell is, presumably the Pension Commission or the Government is engaging these administrators and saying, Here is
some guidance as to what we should be looking for in
approving the application. Now presumably, it is
based on some form of hardship. I do not know. Sur ely the administrator must have some guidance. Is that
true?
The President: Senator Campbell, was it clearer this
time?
Sen. Va nce Campbell: Yes, it was much clearer.
Thank you, Madam President.
The President: Good. You can respond.
Sen. Vance Campbell: I would respond at the end,
Would any Senator care to speak on these
regulations?
Any Senator?
Sen. James S. Jardine: Madam President?
The President: Senator Jardine.
Sen. James S. Jardine: I just had one question on
part of the regulations, and it relates to clause 4(4),
which says, “The applicant shall provide such doc uments and information requested by the Administrator [in writing] that will assist the Administrator in determinin g the application.”
Presumably . . . and this is maybe a question
for Senator Campbell, it seems to me that it does say
there the administrator is given some guidance by the
Pension Commission as to the criteria for approving
this benefit. I assume that m ust be the case. That was
the question I had. Presumably the Pension Commi ssion is engaging with the administrator by, you know, to say that it has to be a hardship case, and it has to
ask for the following information. This is the question.
Thank you, Ma dam President.
The President: Thank you, Senator Jardine.
Would any other Senator care to speak on
these regulations?
Bermuda Senate [Pause]
The Clerk: Madam President, can you unmute Sen ator Campbell?
The President: Oh, sorry. Yes, sorry, sorry.
Sen. Vance Campbell: Madam President?
The President: Yes, sorry, Senator.
Senator Campbell, your response.
Sen. Vance Campbell: I was asking if Senator
Jardine can repeat his question because it was a bit
muffled from my side.
The President: Okay. Senator Jardine, woul d you
repeat your question, please?
Sen. James S. Jardine: Yes, certainly, Madam President.
The question I have related to . . . clause 4 of
the regulations, where it said, “ The applicant shall
provide such documents and information requested by
the Admi nistrator in writing that will assist the Admini strator in determining the application.”
My question to Senator Campbell is, presumably the Pension Commission or the Government is engaging these administrators and saying, Here is
some guidance as to what we should be looking for in
approving the application. Now presumably, it is
based on some form of hardship. I do not know. Sur ely the administrator must have some guidance. Is that
true?
The President: Senator Campbell, was it clearer this
time?
Sen. Va nce Campbell: Yes, it was much clearer.
Thank you, Madam President.
The President: Good. You can respond.
Sen. Vance Campbell: I would respond at the end,
Madam President.
The President
All right. Thank you. [Crosstalk] The President: Would any other Senator care to speak on these regulations? No one is indicating. [Pause] The President: Senator Campbell, it would appear that no one else has indicated they want to speak. Sen. Vance Campbell: Okay, Madam President. Then in response to Senator …
All right. Thank you.
[Crosstalk]
The President: Would any other Senator care to
speak on these regulations?
No one is indicating.
[Pause]
The President: Senator Campbell, it would appear
that no one else has indicated they want to speak.
Sen. Vance Campbell: Okay, Madam President.
Then in response to Senator Jar dine’s question, the
guidance will be provided by the Commission to the
plan administrators to cover all such matters.
Sen. James S. Jardine: That is fine. Thank you,
Madam President. Thank you, Senator Campbell.
The President: Thank you, Senator Campbell. You
can now move the regulations.
Sen. Vance Campbell: First of all, Madam President,
I want to thank my fellow Senators for their support.
Madam President, I move that the said draft
Regulations be approved and that the following message be sent to His Excellency the Governor:.
“May it please Your Excellency: Having had
under consideration the draft Regulations entitled the National Pension Scheme (Refund) (Temporary)
Regulations 2020, proposed to be made by the Mini ster of Finance under the provisi ons of section
24(9)([b]) and 69 of the National Pension Scheme
(Occupational Pensions) Act 1998, has the honour to
inform your Excellency that the Senate has approved
the said draft Regulations.”
The President: Is there any objection to that motion?
No objection, Senator Campbell.
[Motion carried: The National Pension Scheme (R efund) (Temporary) Regulations 2020 were approved.]
Sen. Vance Campbell: Thank you, Madam President.
The President: Thank you, Senator Campbell.
We will move on. Item number 14, Motions.
There are none—
The Clerk: No, no, no. We have one more.
Sen. Vance Campbell: We have one more, Madam
President.
The President: Oh, yes! Sorry. I seem to be chom ping [at the bit].
[Laughter]
The President: All right. You will move on to th e third
[set of] regulations; I am sorry.
Sen. Vance Campbell: Madam President, I move that
the Senate do now take under consideration the draft Regulations entitled the National Pension Scheme
(Lump Sum Refund) (Retiree) Regulations 2020.
The President: Is there any objection to that motion?
No objection. Carry on, Senator Campbell.
916 13 May 2020 Official Hansard Report
B ermuda Senate REGULATIONS
NATIONAL PENSION SCHEME (LUMP SUM
REFUND) (RETIREE) REGULATIONS 2020
Sen. Vance Campbell: Thank you, Madam President.
Madam President, I am pleased to present the
National Pension Scheme (Lump Sum Refund) (Reti ree) Regulations 2020 for the consideration of the
Senate.
Madam President, late last year the National
Pension Scheme (Occupational Pensions) Amen dment Act 2019 provided (amongst other things) for a
member or former member of a pension plan or local
retirement account to receive a refund of up to 25 per
cent of their account balance, provided they had ob-tained normal retirement age, 65, and had retired.
Madam President, the Government’s policy
objective was then, and is still now, that retirees should have greater access to their pension funds in order to assist them with their financial needs and plans during their retirement years. Indeed, Madam President, such enhanced access is becoming more common amongst developed countries’ occupational
pension schemes, and these regulations provide the
framework for applying for the refund and other relat-ed matters such as the matter of making applications, statement of account, incomplete or defective applic ations, consideration of the applications, determining
the amount of the refund, notification of the Commi ssion’s decision, recordkeeping, payment to an appl icant, prohibition on the imposition of charges by an
administrator, administrator compliance with the regulations, commencement of the regulations and su pplementary provisions.
Madam President, the specifics of the pr oposed regulations are as follows:
Regu lation 1 is self -explanatory and provides
for the citation of the regulations.
Regulation 2 inserts various definitions. Regulation 3 provides for those who can apply
under the regulations.
Regulation 4 provides for various application
requirements.
Regulation 5 requires a statement of account
to be provided to the applicant from an administrator within seven working days. And it should be noted,
Madam President, that the date of that relevant
statement must be within 30 days of the date of the applic ation to the Pension Commission.
Regulation 6 provides for the handling of incomplete or defective applications.
Regulation 7 provides for the consideration of
applications by the Commission and restrictions on approving such applications. And it again should be noted that the Commission shall not approve more than one application during the lifetime of an appl icant. Regulation 8 provides for the consideration of
an applicant’s vested amount only.
Regulation 9 provides for the Commission’s
notification to an applicant of its decision. And it pr ovides that it must be in writing and also for the mini-mum content of that notification.
Regulation 10 provides for recordkeeping by
the Commission.
Regulation 11 specifies the requirements by
administrators to make payments within 20 working days of receipt of direction from the Commission.
Regulation 12 prohibits administrators from
imposing a charge in performing their duties or r equirements under the regulations.
Regulation 13 provides for the administrator ’s
compliance with the regulations, notwithstanding any contrary terms of a pension plan or local retirement product and having regard to any advice or guidance issued by the Commission.
Regulation 14 provides for the commenc ement of the regulations, and it states that they will
come into operation on such day as the Minister ap-points by notice in the Gazette.
And with that, Madam President, I thank you.
The President: Thank you, Senator Campbell.
Would any Senator care to speak on these
regulations?
No one has indicated they want to speak.
Sen. Vance Campbell: Thank you, Madam President.
I thank you, Senators, for your support.
Madam President, I move that the said draft
Regulations be approved and that the following mes-sage be sent to His Excellency the Governor:
“May it please Your Excellency: The Senate,
having had under consideration the draft Regulations
entitled the National Pension Scheme (Lump Sum
Refund) (Retiree) Regulations 2020, proposed to be made by the Minister of Finance under the pr ovisions
of section 24(9)(b) and 69 of the National Pension Scheme (Occupational Pensions) Act 1998, has the
honour to inform your Excellency that the Senate has
approved the said draft Regulations.”
The President: Is there any objection to that motion?
No objection, Senator Campbell.
A suitable message will be sent to the Governor.
[Motion carried: The National Pension Scheme (Lump Sum Refund) (Retiree) Regulations 2020 were ap-proved.]
The President: Thank you, and thank you all, Senators.
Se
n. Vance Campbell: Thank you, Madam President.
Ber muda Senate MOTIONS
Th
e President: There are none.
CONGRATULATORY AND/OR
OBITUARY SPEECHES
Th
e President: Would any Senator care to speak on
this?
Se
n. Anthony Richardson: Madam President.
Th
e President: Yes. Yes. Senator R ichardson.
Se
n. Anthony Richardson: Yes. Madam President,
just two quick notes in terms of condolences. One is
to Mr. David Tannock, who passed recently.
Th
e President: Yes.
Se
n. Anthony Richardson: I know him as a church
member. And the one thing that I always used to r emember about him is that he had a very fervent com-mitment to his children and believed that his duty as a father was to ensure that they were, as best he could, financially stable prior to his passing.
The other person actually I want to mention is
Mr. Richard Butterfield. I knew him because he was a
former partner at Pricewaterhouse[Coopers] [PwC]
when I articled, I guess many, many years ago now .
And the one thing that always struck me about him
was that he was very, very polite; very firm, but very
polite, and was one who had tremendous influence in the community and shared his wisdom widely, and
was to some degree known, and to another degree
not known, as a very, very firm supporter of the Arts. And many times, he talked about the fact that he would have liked for the City Hall to be developed even further into an actual performing arts hall, if you will. And so, I just want to give those words and offer
condolences to each of their families.
Thank you, Madam President.
MOMENT OF SI LENCE
[In memory of Mr. Llewelly n Penis ton, former Senator]
Th
e President: Thank you, Senator Richardson.
And Senators, I have just been reminded that
we did have a Senator who passed this morning, a
former Senator, Senator Llewellyn Peniston. So, I am
asking Senators that we have a moment of silence for
him, and I am suggesting that we have a minute of
silence.
Thank you.
[The Senate rose and observed a moment of silence.] Th
e President: The minute has passed.
Thank you, Senators.
Now, would any other Senator care to speak?
Sen
. James S. Jardine: Madam President?
The President: Yes, Senator Jardine, you have the
floor.
Sen. James S. Jardine: Madam President, I would
just like to be associated with Mr. Anthony Richar dson’s comments about Dick Butterfield. I also knew him very well. When I was in the [ INAUDIBLE] and he
was close by. I used to see him and his wife frequent-ly. And when I served on the Corporation of Hamilton
as alderman, he was frequently there working on, as
Senator Richardson has said, t rying to build an Arts
Centre there. And certainly, we were as a Corporation very supportive of his move to do that. It was unfort unately due to lack of funds that [the Arts Centre] never actually was ever fully transpired, but certainly he should be remembered and recognised for his contr ibutions to the Arts. Thank you, Madam President.
The President: Thank you, Senator Jardine. Would
any other Senator care to speak?
Sen. Jarion Richardson: Madam President?
Th
e President: Sorry, Senator?
Sen
. Jarion Richardson: Jarion Richardson.
Th
e President: I beg your pardon. Senator Jarion
Richardson, you have the floor.
Se
n. Jarion Richardson: Yes, I just wanted to extend
condolences on behalf of the OBA Senators to the
family of Stanley Lowe. We had occasion to share some recollections, and I just wanted to note or put forward that some time ago when I was a trainee r eporter, I would go the House of Assembly . At the time
there was a press bench not far from where the Speaker was , and it is not being out of school to say
that there had been times of contention between the
media and some Members of Parliament at that time.
And so, glares were not unusual or perhaps a sucking of the teeth.
Mr. Lowe was the kindest person in the room
to me, a very, very young man trying to figure out my way in life. He was always the first person to slap you on the back. He was the first person to say hello. He was so dignified. He was so calm. He made me have to think about the kind of person I would be in life. And
later on, when I moved into the [Bermuda] Police Se rvice, and I remember patrolling in his constituency,
and he just always came to mind.
I never had an occasion to speak with him at
length and I never had the occasion to tell him how
much I admired him . But I wanted it to be known that
918 13 May 2020 Official Hansard Report
Bermuda Senate he was a person who made not just me but a lot of
young men better, because he showed us what that
meant. So, thank you so much for your attention.
The President: Thank you, Senator Jarion Richar dson.
Would any other Senator care to speak on
Congratulatory and/or Obituary Speeches? No?
Then, Senators, I would ask your consider ation as I would like to . . . this is the first opportunity
that we have had to really address the Congratulatory
and/or Obituary Speeches, and it would be remiss of
me not to express condolences on our behalf to the
former President of the Senate, Ms. Carol Ann Bas-sett.
I know that her husband passed in April, but I
think as this is the first opportunity that we are a ddressing the topic, I thought that we should ext end
condolences to her on behalf of the death of her husband, Mr. Roderick Bassett in early April. I think that
Mr. Bassett . . . he was at the time a member of the
Swans Running Club in Bermuda for several years.
He was an avid sportsman and he ran in sev eral
overseas marathons, including in New York, Boston,
Chicago, and Washington. But his favourite one was
in Peachtree, in Atlanta, where he apparently ran 20
times.
He was a God- fearing man, and between
them they had three sons. So, I would like for the
Senate to agree that we extend our heartfelt cond olences to Carol Ann Bassett, former president. She
was the first female president of the Senate during her
14-year tenure here.
And with that . . . and I would also like to ind icate that , with respect to Stanley Lowe, I am sure that
each one of us extends condolences to the family. But
I just want to indicate that Speaker Lister and MP Kim Swan did have an online memorial for the Speaker
over a four -hour period, and I have listened to most of
it, and it wa s really an excellent response, and I think
that our thanks go to them for doing so.
Additionally, the Government did have an
online memorial for the Speaker in which many people
signed a memorial for him , and this was to be pr esented in a booklet form to the family. So, I think that
we would like to support that effort, and thank both Speaker Lister and MP Swan, as well as the Gover nment for doing so.
And also, now, as each one of you know s, I
am a nurse. And this is Nurses’ Week. I want to say
that the I CN's theme for International Nurses Day
2020 is “Nurses : A Voice to Lead— Nursing the World
to Health" with a focus on the value of nurses to the
people of the world, and Bermuda obviously included.
And I also just want to say that nurses are central to
addressing a wide range of health challenges.
And I myself (for those of you who know) I
have been a nurse over several years working in practically all the fields of nursing: delivering babies, wor k-ing in general nursing as well as in ICU. So, I really
feel for those nurses who we see on television who
are working in the ICU departments. Even though I
had worked in an ICU department for four years at St.
Thomas’ Hospital in London, I can tell you when I observe what those nurses have to put up with and to
do, I feel so heartfelt for them because many of these
people in an ICU under this pandemic . . . they cannot
be supported by their families, and the nurses have to
play not only a double role of treating them and a ttending to them, but also trying to support them
through this crisis.
And they so many times had to watch [their
patients] pass away without their loved ones by [their
sides] . So, I really feel sorry when I look at that, and I
know that the stress the nurses must feel having to
deal with that repeatedly, as you observe all the
deaths that have occurred during this pandemic.
And on I suppose a better note, a higher note,
I would just like to commend Ms. Judith Richardson at
the Bermuda Hospitals Board who has been appoin ted the nurse of the year for 2020, and I would just like
to extend our congratulations to her for a stellar performance. I have known her for many, many years
when I was working at the hospital, and so I just want
to extend our congratulations and best wishes to her.
Thank you.
And n ow, we will move on to our last item
which is Adjournment. Would any . . . sorry, Madam
Attorney General.
ADJOURNMENT
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President. I move that the Senate do now adjourn to Wednesday May 30th, 20th, sorry.
The President: For Wednesday May 30th—
Sen. the Hon. Kathy Lynn Simmons: The 20th.
The President: The 20th, I beg your pardon. Would
any Senator care to speak on the m otion to a djourn?
Sen. Jarion Richardson: Yes, Madam President.
[This is] Senator Ric hardson. I would like to speak.
The President: Senator Jarion Richardson, you have
the floor.
POLITICAL DISCOURSE IN MEDIA
Sen. Jarion Richardson: Yes. Thank you, Madam
President and fellow Senators and again, the listening
public. I just wanted to rais e a warning about some of
the comments I have been seeing in the media and in social media about our political discourse in Bermuda.
There are some comments floating around
that refer to “ playing politics or politicising issues” and
Bermuda Senate whether intentionally or unintentionally, these comments can reduce our regard for our political process
and discourse and can make them appear either friv olous or trivial. Our politics is neither a game nor is it so irrelevant that it should be diminished or disregarded in such a manner . Whether it was Plato’s Republic or
Machiavelli, politics is seminal to our society and in a
very real sense, to us.
On a day -to-day basis our politics is how we
navigate conflict, conflicting opinions , without reducing
that engagement to insulti ng one another or to intim idation or violence. Our politics is about mutual accountability ; it is holding power in check . And I am
mindful that in times of crisis, it is too easy to slip into
blind devotion to power. But if we treat our politics as if it is anything less serious than all of our societal di scourse and civility, then we are going to risk our ability to engage in contests or to contest with each other in
a civilised and dignified manner.
I am mindful that also as we trivialise, we
make it friv olous , we are running the risk of surrendering that right of discourse. And we are going to r egress to a point of “us and them” without any way to
establish commonality and to bring life to our individual aspirations, as well as a hope of our future gener ation. So, I just wanted to —insomuch as possible—
whether it be again in the media or on social media or
when referring to one another as politicians that we
encourage the respect of politics, that it never be triv ialised because it strikes me as being so necessary to
navigating conflict, to establishing cooperation and to
moving into our future.
Thank you, Madam President.
The President: Thank you, Senator Jarion Richar dson.
Would any other Senator care to speak on the
motion to a djourn?
Sen. Ianthia Simm ons-Wade: Yes, Madam Pres ident.
Can you hear me, Madam President ?
The President: Yes, Sorry.
Senator Ianthia Simmons -Wade: You have
the floor.
COVID -19—FLATTENING THE CURVE
Sen. Ianthia Simmons -Wade: Okay, thank you.
Good morning to my fellow Senators and the listening
audience.
Madam President, Bermuda, like the rest of
the world, is facing the potential destructive impact of
COVID -19. It does not care who you are, what you
believe in, where you live; there is no distinction. Our
Government has taken decisive actions to minimise
the impact, slow the rate and decrease community
transmission. In order to flatten the curve, the follo w-ing measures have been taken: our borders have
been closed, testing was increased, social distancing,
curfews and shelter i n place, and the implementation
of a phased approach for reopening our Island and ultimately, our economy.
This virus and its effects are moving at a very
rapid pace and we must stay ahead of it. The Berm uda Government has increased our testing capacity and reduced cost of care by opening a new lab in
Southside, with the aid of Dr. Weldon. Bermuda is ranked highest per capita in the region in terms of testing. Bermuda is ranked 11
th in the world in terms
of per capita testing.
The drive- through testing in the government
lab is being conducted now with no charge. Residents and staff of all 21 rest homes and nursing facilities homes have been tested. Government has coordinated the donation of additional testing machines. King Edward Hospital has added 48 beds to enhance their
ability for patients if need be. The number of ventil ators has been increased and, too, 40 Public Service
Announcements were created and recorded and
posted on all press conferences.
COVID hotline has answered hundreds of
calls from the general public. Housing arriving pas-sengers in government quarantine facilities for 14
days and testing them prior to being released has prevented the spread of the disease.
Since March 1
st, Government has held over
47 press conferences. We currently have 121 confirmed positive cases, 47 active cases and 8 deaths.
In many countries, the virus has now overwhelmed
their health system and people are dying on a daily basis. Bermuda Public Health officials have linked the
majority of the cases to overseas travel . Bermuda currently only has local transmission with clusters of cases. A significant increase in positive cases will result
in our health system being overwhelmed, which is why
we must continue to avoid increasing our levels. This is a reality and a possi bility that we must face, as has
been the case around the world.
Right now, we have an opportunity to slow the
rate of transmission in Bermuda and to protect Ber-muda from the worst . We must continue to act r esponsibly by complying with Government legislati on
and regulation, the four phases, limiting contact, [and]
following all the guidelines including social distanc ing.
I understand that self -isolation and social di stancing is disconcerting. However, this is the single most important thing that we can do right now to slow
the rate of local transmission. This is our best chance to slow the rate of the virus and save lives. These measures have caused unprecedented economic and
social disruption, but they are necessary. As i mportantly, we must protect and shi eld our most vulnerable.
[INAUDIBLE ] now . The decision was made by
Government to reduce the contact and long line. If you
do not have an immediate need, do not go to the
920 13 May 2020 Official Hansard Report
Bermuda Senate shop, do not get grocer ies. There will be enough for
you today, tomorrow, and the day after that.
The Ageing Well Committee continues to work
on the nine goals to put the seniors and vulnerable
persons first. As a result of this pandemic, we will f ocus on the urgent issues with each goal in order to
provide support and assistance for the i mmediate
challenges of our seniors and vulnerable people.
Sticking to the rules matters. If you don’t, you
risk spreading COVID -19 and wind up extending ev eryone’s time in phase one. These measures have
been put in place by our Government are preventing
our Island from being in the worst -case scenario. Ev erything you have to give up or continue to have to give up over the next couple of months will literally save lives, hundreds of lives.
On a positive note, the Geneva- based World
Health Organi zation is lea ding a global -wide initiative
to develop safe, effective vaccine and drugs to dia gnose, prevent and treat COVID -19. This respiratory
illness [ INAUDIBLE ] 4.1 million people around the
world. The Government encourages all Bermudians
[INAUDIBLE ] that will ass ist the community in our efforts to progress from p hase one through p hase four
of COVID restriction.
Until our health [ INAUDIBLE ] teams identify
and resort [INAUDIBLE], Government is also encou raging every Bermudian to get their free COVID -19 test
at the G overnment ’s outside lab. This will prevent
people who are asymptomatic from unknowingly
transmitting to [their] family, friends and colleagues.
The Government will continue to do all it can
to protect you, but we need you to do everything you
can to protect our elderly Bermudians. Your actions
will be critical for our collective ability to stop the
spread of COVID -19. Failure to play your part will put
the lives of others at risk. We are in this together and
we must unite against COVID -19. As a c ountry, we
must work together as this affects all of us. Together we can do this. We must continue to flatten the curve.
Thank you.
The President: Thank you, Senator Simmons -Wade.
Would any other Senator care to speak? No?
Then I would just like to add that I am sure
that each one of the Senators and everyone in Bermuda supports the comments that you have just
made, Senator Simmons -Wade, and we thank you for
that.
Senators, the Senate stands adjourned.
[Inaudible interjection]
The President: Oh, Madam Attorney General, did you
want to . . .
Sen. the Hon. Kathy Lynn Simmons: Yes, I am sorry, Madam President.
The President: I’m sorry, I was looking for you.
[Laughter]
COVID -19—APPLAUDING PARENTS AND
OTHERS DURING THE PANDEMIC
Sen. the Hon. Kathy Lynn Simmons: I’m sorry.
I just wanted to end on a positive note. Of
course, we all associate ourselves with the remarks
on the obituaries which were given earlier.
I wanted to talk about something positive
which is to applaud our parents and caregivers in Bermuda right now. I can honestly say that I have
friends and acquaintances who have never, ever had
to spend this much time in the presence of their kids.
When you consider that most of us are at work and the kids are at school, it has been the most interes ting, chall enging and trying time for lots of our parents.
As I go about with my exercise, I see parents
who are walking their children, whole families out ex-ercising , which is something new for Bermuda, but
you also have the very huge challenge of entertaining
these little people which most people are finding extremely challenging. And when you look at the way we
live our lives right now where we have all sorts of
technological tools for entertainment, I would hazard a
guess and say it has been, in a lot of cases, a very
healthy change for our families.
Of course, you know, being in close quarters
for long periods of time challenges most of us, includ-ing our own personal relationships. But to the parents
who have been able to be creative and patient with
their young people, I think we would all give them a
huge round of applause. This situation is not going to leave us any time soon and so to parents and car egivers, you have our support and we acknowledge the efforts that you are making to keep your young people
safe and entertained.
I would also, Madam President, really quickly
like to ac knowledge the young people who stepped up
to help in the health profession during this pandemic. We have seen the excellence of Dr. Weldon. We also
have M. A. Foggo and we have a whol e team of
young people that have gotten on board at the Prem-ier’s instigation to assist, and it does bode well for our
future to see that we are able to harness the collective
intelligence and skills of these young people and to
give them a place of owners hip in Bermuda to assist
and to further hone their skills in our community. So, to all of them and to the nurses who are on the front-line, I would like to just reach out and say heartfelt
thanks from all of us.
And with that Madam President, over to you.
The President: Thank you, Senator Kathy Lynn Si mmons .
Bermuda Senate And with that, the Senate stands adjourned
until May the 20th. Thank you all for your presence and
your input this morning.
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
[*At 11:55 am, the Senate stood adjourned until
10:00 am, Wednesday, 20 May 2020.]
[*The Senate resumed on 27 May 2020.]
922 13 May 2020 Official Hansard Report
Bermuda Senate
[This page intentionally left blank.]
[Crosstalk]
The President: Would any other Senator care to
speak on these regulations?
No one is indicating.
[Pause]
The President: Senator Campbell, it would appear
that no one else has indicated they want to speak.
Sen. Vance Campbell: Okay, Madam President.
Then in response to Senator Jar dine’s question, the
guidance will be provided by the Commission to the
plan administrators to cover all such matters.
Sen. James S. Jardine: That is fine. Thank you,
Madam President. Thank you, Senator Campbell.
The President: Thank you, Senator Campbell. You
can now move the regulations.
Sen. Vance Campbell: First of all, Madam President,
I want to thank my fellow Senators for their support.
Madam President, I move that the said draft
Regulations be approved and that the following message be sent to His Excellency the Governor:.
“May it please Your Excellency: Having had
under consideration the draft Regulations entitled the National Pension Scheme (Refund) (Temporary)
Regulations 2020, proposed to be made by the Mini ster of Finance under the provisi ons of section
24(9)([b]) and 69 of the National Pension Scheme
(Occupational Pensions) Act 1998, has the honour to
inform your Excellency that the Senate has approved
the said draft Regulations.”
The President: Is there any objection to that motion?
No objection, Senator Campbell.
[Motion carried: The National Pension Scheme (R efund) (Temporary) Regulations 2020 were approved.]
Sen. Vance Campbell: Thank you, Madam President.
The President: Thank you, Senator Campbell.
We will move on. Item number 14, Motions.
There are none—
The Clerk: No, no, no. We have one more.
Sen. Vance Campbell: We have one more, Madam
President.
The President: Oh, yes! Sorry. I seem to be chom ping [at the bit].
[Laughter]
The President: All right. You will move on to th e third
[set of] regulations; I am sorry.
Sen. Vance Campbell: Madam President, I move that
the Senate do now take under consideration the draft Regulations entitled the National Pension Scheme
(Lump Sum Refund) (Retiree) Regulations 2020.
The President: Is there any objection to that motion?
No objection. Carry on, Senator Campbell.
916 13 May 2020 Official Hansard Report
B ermuda Senate REGULATIONS
NATIONAL PENSION SCHEME (LUMP SUM
REFUND) (RETIREE) REGULATIONS 2020
Sen. Vance Campbell: Thank you, Madam President.
Madam President, I am pleased to present the
National Pension Scheme (Lump Sum Refund) (Reti ree) Regulations 2020 for the consideration of the
Senate.
Madam President, late last year the National
Pension Scheme (Occupational Pensions) Amen dment Act 2019 provided (amongst other things) for a
member or former member of a pension plan or local
retirement account to receive a refund of up to 25 per
cent of their account balance, provided they had ob-tained normal retirement age, 65, and had retired.
Madam President, the Government’s policy
objective was then, and is still now, that retirees should have greater access to their pension funds in order to assist them with their financial needs and plans during their retirement years. Indeed, Madam President, such enhanced access is becoming more common amongst developed countries’ occupational
pension schemes, and these regulations provide the
framework for applying for the refund and other relat-ed matters such as the matter of making applications, statement of account, incomplete or defective applic ations, consideration of the applications, determining
the amount of the refund, notification of the Commi ssion’s decision, recordkeeping, payment to an appl icant, prohibition on the imposition of charges by an
administrator, administrator compliance with the regulations, commencement of the regulations and su pplementary provisions.
Madam President, the specifics of the pr oposed regulations are as follows:
Regu lation 1 is self -explanatory and provides
for the citation of the regulations.
Regulation 2 inserts various definitions. Regulation 3 provides for those who can apply
under the regulations.
Regulation 4 provides for various application
requirements.
Regulation 5 requires a statement of account
to be provided to the applicant from an administrator within seven working days. And it should be noted,
Madam President, that the date of that relevant
statement must be within 30 days of the date of the applic ation to the Pension Commission.
Regulation 6 provides for the handling of incomplete or defective applications.
Regulation 7 provides for the consideration of
applications by the Commission and restrictions on approving such applications. And it again should be noted that the Commission shall not approve more than one application during the lifetime of an appl icant. Regulation 8 provides for the consideration of
an applicant’s vested amount only.
Regulation 9 provides for the Commission’s
notification to an applicant of its decision. And it pr ovides that it must be in writing and also for the mini-mum content of that notification.
Regulation 10 provides for recordkeeping by
the Commission.
Regulation 11 specifies the requirements by
administrators to make payments within 20 working days of receipt of direction from the Commission.
Regulation 12 prohibits administrators from
imposing a charge in performing their duties or r equirements under the regulations.
Regulation 13 provides for the administrator ’s
compliance with the regulations, notwithstanding any contrary terms of a pension plan or local retirement product and having regard to any advice or guidance issued by the Commission.
Regulation 14 provides for the commenc ement of the regulations, and it states that they will
come into operation on such day as the Minister ap-points by notice in the Gazette.
And with that, Madam President, I thank you.
The President: Thank you, Senator Campbell.
Would any Senator care to speak on these
regulations?
No one has indicated they want to speak.
Sen. Vance Campbell: Thank you, Madam President.
I thank you, Senators, for your support.
Madam President, I move that the said draft
Regulations be approved and that the following mes-sage be sent to His Excellency the Governor:
“May it please Your Excellency: The Senate,
having had under consideration the draft Regulations
entitled the National Pension Scheme (Lump Sum
Refund) (Retiree) Regulations 2020, proposed to be made by the Minister of Finance under the pr ovisions
of section 24(9)(b) and 69 of the National Pension Scheme (Occupational Pensions) Act 1998, has the
honour to inform your Excellency that the Senate has
approved the said draft Regulations.”
The President: Is there any objection to that motion?
No objection, Senator Campbell.
A suitable message will be sent to the Governor.
[Motion carried: The National Pension Scheme (Lump Sum Refund) (Retiree) Regulations 2020 were ap-proved.]
The President: Thank you, and thank you all, Senators.
Se
n. Vance Campbell: Thank you, Madam President.
Ber muda Senate MOTIONS
Th
e President: There are none.
CONGRATULATORY AND/OR
OBITUARY SPEECHES
Th
e President: Would any Senator care to speak on
this?
Se
n. Anthony Richardson: Madam President.
Th
e President: Yes. Yes. Senator R ichardson.
Se
n. Anthony Richardson: Yes. Madam President,
just two quick notes in terms of condolences. One is
to Mr. David Tannock, who passed recently.
Th
e President: Yes.
Se
n. Anthony Richardson: I know him as a church
member. And the one thing that I always used to r emember about him is that he had a very fervent com-mitment to his children and believed that his duty as a father was to ensure that they were, as best he could, financially stable prior to his passing.
The other person actually I want to mention is
Mr. Richard Butterfield. I knew him because he was a
former partner at Pricewaterhouse[Coopers] [PwC]
when I articled, I guess many, many years ago now .
And the one thing that always struck me about him
was that he was very, very polite; very firm, but very
polite, and was one who had tremendous influence in the community and shared his wisdom widely, and
was to some degree known, and to another degree
not known, as a very, very firm supporter of the Arts. And many times, he talked about the fact that he would have liked for the City Hall to be developed even further into an actual performing arts hall, if you will. And so, I just want to give those words and offer
condolences to each of their families.
Thank you, Madam President.
MOMENT OF SI LENCE
[In memory of Mr. Llewelly n Penis ton, former Senator]
Th
e President: Thank you, Senator Richardson.
And Senators, I have just been reminded that
we did have a Senator who passed this morning, a
former Senator, Senator Llewellyn Peniston. So, I am
asking Senators that we have a moment of silence for
him, and I am suggesting that we have a minute of
silence.
Thank you.
[The Senate rose and observed a moment of silence.] Th
e President: The minute has passed.
Thank you, Senators.
Now, would any other Senator care to speak?
Sen
. James S. Jardine: Madam President?
The President: Yes, Senator Jardine, you have the
floor.
Sen. James S. Jardine: Madam President, I would
just like to be associated with Mr. Anthony Richar dson’s comments about Dick Butterfield. I also knew him very well. When I was in the [ INAUDIBLE] and he
was close by. I used to see him and his wife frequent-ly. And when I served on the Corporation of Hamilton
as alderman, he was frequently there working on, as
Senator Richardson has said, t rying to build an Arts
Centre there. And certainly, we were as a Corporation very supportive of his move to do that. It was unfort unately due to lack of funds that [the Arts Centre] never actually was ever fully transpired, but certainly he should be remembered and recognised for his contr ibutions to the Arts. Thank you, Madam President.
The President: Thank you, Senator Jardine. Would
any other Senator care to speak?
Sen. Jarion Richardson: Madam President?
Th
e President: Sorry, Senator?
Sen
. Jarion Richardson: Jarion Richardson.
Th
e President: I beg your pardon. Senator Jarion
Richardson, you have the floor.
Se
n. Jarion Richardson: Yes, I just wanted to extend
condolences on behalf of the OBA Senators to the
family of Stanley Lowe. We had occasion to share some recollections, and I just wanted to note or put forward that some time ago when I was a trainee r eporter, I would go the House of Assembly . At the time
there was a press bench not far from where the Speaker was , and it is not being out of school to say
that there had been times of contention between the
media and some Members of Parliament at that time.
And so, glares were not unusual or perhaps a sucking of the teeth.
Mr. Lowe was the kindest person in the room
to me, a very, very young man trying to figure out my way in life. He was always the first person to slap you on the back. He was the first person to say hello. He was so dignified. He was so calm. He made me have to think about the kind of person I would be in life. And
later on, when I moved into the [Bermuda] Police Se rvice, and I remember patrolling in his constituency,
and he just always came to mind.
I never had an occasion to speak with him at
length and I never had the occasion to tell him how
much I admired him . But I wanted it to be known that
918 13 May 2020 Official Hansard Report
Bermuda Senate he was a person who made not just me but a lot of
young men better, because he showed us what that
meant. So, thank you so much for your attention.
The President: Thank you, Senator Jarion Richar dson.
Would any other Senator care to speak on
Congratulatory and/or Obituary Speeches? No?
Then, Senators, I would ask your consider ation as I would like to . . . this is the first opportunity
that we have had to really address the Congratulatory
and/or Obituary Speeches, and it would be remiss of
me not to express condolences on our behalf to the
former President of the Senate, Ms. Carol Ann Bas-sett.
I know that her husband passed in April, but I
think as this is the first opportunity that we are a ddressing the topic, I thought that we should ext end
condolences to her on behalf of the death of her husband, Mr. Roderick Bassett in early April. I think that
Mr. Bassett . . . he was at the time a member of the
Swans Running Club in Bermuda for several years.
He was an avid sportsman and he ran in sev eral
overseas marathons, including in New York, Boston,
Chicago, and Washington. But his favourite one was
in Peachtree, in Atlanta, where he apparently ran 20
times.
He was a God- fearing man, and between
them they had three sons. So, I would like for the
Senate to agree that we extend our heartfelt cond olences to Carol Ann Bassett, former president. She
was the first female president of the Senate during her
14-year tenure here.
And with that . . . and I would also like to ind icate that , with respect to Stanley Lowe, I am sure that
each one of us extends condolences to the family. But
I just want to indicate that Speaker Lister and MP Kim Swan did have an online memorial for the Speaker
over a four -hour period, and I have listened to most of
it, and it wa s really an excellent response, and I think
that our thanks go to them for doing so.
Additionally, the Government did have an
online memorial for the Speaker in which many people
signed a memorial for him , and this was to be pr esented in a booklet form to the family. So, I think that
we would like to support that effort, and thank both Speaker Lister and MP Swan, as well as the Gover nment for doing so.
And also, now, as each one of you know s, I
am a nurse. And this is Nurses’ Week. I want to say
that the I CN's theme for International Nurses Day
2020 is “Nurses : A Voice to Lead— Nursing the World
to Health" with a focus on the value of nurses to the
people of the world, and Bermuda obviously included.
And I also just want to say that nurses are central to
addressing a wide range of health challenges.
And I myself (for those of you who know) I
have been a nurse over several years working in practically all the fields of nursing: delivering babies, wor k-ing in general nursing as well as in ICU. So, I really
feel for those nurses who we see on television who
are working in the ICU departments. Even though I
had worked in an ICU department for four years at St.
Thomas’ Hospital in London, I can tell you when I observe what those nurses have to put up with and to
do, I feel so heartfelt for them because many of these
people in an ICU under this pandemic . . . they cannot
be supported by their families, and the nurses have to
play not only a double role of treating them and a ttending to them, but also trying to support them
through this crisis.
And they so many times had to watch [their
patients] pass away without their loved ones by [their
sides] . So, I really feel sorry when I look at that, and I
know that the stress the nurses must feel having to
deal with that repeatedly, as you observe all the
deaths that have occurred during this pandemic.
And on I suppose a better note, a higher note,
I would just like to commend Ms. Judith Richardson at
the Bermuda Hospitals Board who has been appoin ted the nurse of the year for 2020, and I would just like
to extend our congratulations to her for a stellar performance. I have known her for many, many years
when I was working at the hospital, and so I just want
to extend our congratulations and best wishes to her.
Thank you.
And n ow, we will move on to our last item
which is Adjournment. Would any . . . sorry, Madam
Attorney General.
ADJOURNMENT
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President. I move that the Senate do now adjourn to Wednesday May 30th, 20th, sorry.
The President: For Wednesday May 30th—
Sen. the Hon. Kathy Lynn Simmons: The 20th.
The President: The 20th, I beg your pardon. Would
any Senator care to speak on the m otion to a djourn?
Sen. Jarion Richardson: Yes, Madam President.
[This is] Senator Ric hardson. I would like to speak.
The President: Senator Jarion Richardson, you have
the floor.
POLITICAL DISCOURSE IN MEDIA
Sen. Jarion Richardson: Yes. Thank you, Madam
President and fellow Senators and again, the listening
public. I just wanted to rais e a warning about some of
the comments I have been seeing in the media and in social media about our political discourse in Bermuda.
There are some comments floating around
that refer to “ playing politics or politicising issues” and
Bermuda Senate whether intentionally or unintentionally, these comments can reduce our regard for our political process
and discourse and can make them appear either friv olous or trivial. Our politics is neither a game nor is it so irrelevant that it should be diminished or disregarded in such a manner . Whether it was Plato’s Republic or
Machiavelli, politics is seminal to our society and in a
very real sense, to us.
On a day -to-day basis our politics is how we
navigate conflict, conflicting opinions , without reducing
that engagement to insulti ng one another or to intim idation or violence. Our politics is about mutual accountability ; it is holding power in check . And I am
mindful that in times of crisis, it is too easy to slip into
blind devotion to power. But if we treat our politics as if it is anything less serious than all of our societal di scourse and civility, then we are going to risk our ability to engage in contests or to contest with each other in
a civilised and dignified manner.
I am mindful that also as we trivialise, we
make it friv olous , we are running the risk of surrendering that right of discourse. And we are going to r egress to a point of “us and them” without any way to
establish commonality and to bring life to our individual aspirations, as well as a hope of our future gener ation. So, I just wanted to —insomuch as possible—
whether it be again in the media or on social media or
when referring to one another as politicians that we
encourage the respect of politics, that it never be triv ialised because it strikes me as being so necessary to
navigating conflict, to establishing cooperation and to
moving into our future.
Thank you, Madam President.
The President: Thank you, Senator Jarion Richar dson.
Would any other Senator care to speak on the
motion to a djourn?
Sen. Ianthia Simm ons-Wade: Yes, Madam Pres ident.
Can you hear me, Madam President ?
The President: Yes, Sorry.
Senator Ianthia Simmons -Wade: You have
the floor.
COVID -19—FLATTENING THE CURVE
Sen. Ianthia Simmons -Wade: Okay, thank you.
Good morning to my fellow Senators and the listening
audience.
Madam President, Bermuda, like the rest of
the world, is facing the potential destructive impact of
COVID -19. It does not care who you are, what you
believe in, where you live; there is no distinction. Our
Government has taken decisive actions to minimise
the impact, slow the rate and decrease community
transmission. In order to flatten the curve, the follo w-ing measures have been taken: our borders have
been closed, testing was increased, social distancing,
curfews and shelter i n place, and the implementation
of a phased approach for reopening our Island and ultimately, our economy.
This virus and its effects are moving at a very
rapid pace and we must stay ahead of it. The Berm uda Government has increased our testing capacity and reduced cost of care by opening a new lab in
Southside, with the aid of Dr. Weldon. Bermuda is ranked highest per capita in the region in terms of testing. Bermuda is ranked 11
th in the world in terms
of per capita testing.
The drive- through testing in the government
lab is being conducted now with no charge. Residents and staff of all 21 rest homes and nursing facilities homes have been tested. Government has coordinated the donation of additional testing machines. King Edward Hospital has added 48 beds to enhance their
ability for patients if need be. The number of ventil ators has been increased and, too, 40 Public Service
Announcements were created and recorded and
posted on all press conferences.
COVID hotline has answered hundreds of
calls from the general public. Housing arriving pas-sengers in government quarantine facilities for 14
days and testing them prior to being released has prevented the spread of the disease.
Since March 1
st, Government has held over
47 press conferences. We currently have 121 confirmed positive cases, 47 active cases and 8 deaths.
In many countries, the virus has now overwhelmed
their health system and people are dying on a daily basis. Bermuda Public Health officials have linked the
majority of the cases to overseas travel . Bermuda currently only has local transmission with clusters of cases. A significant increase in positive cases will result
in our health system being overwhelmed, which is why
we must continue to avoid increasing our levels. This is a reality and a possi bility that we must face, as has
been the case around the world.
Right now, we have an opportunity to slow the
rate of transmission in Bermuda and to protect Ber-muda from the worst . We must continue to act r esponsibly by complying with Government legislati on
and regulation, the four phases, limiting contact, [and]
following all the guidelines including social distanc ing.
I understand that self -isolation and social di stancing is disconcerting. However, this is the single most important thing that we can do right now to slow
the rate of local transmission. This is our best chance to slow the rate of the virus and save lives. These measures have caused unprecedented economic and
social disruption, but they are necessary. As i mportantly, we must protect and shi eld our most vulnerable.
[INAUDIBLE ] now . The decision was made by
Government to reduce the contact and long line. If you
do not have an immediate need, do not go to the
920 13 May 2020 Official Hansard Report
Bermuda Senate shop, do not get grocer ies. There will be enough for
you today, tomorrow, and the day after that.
The Ageing Well Committee continues to work
on the nine goals to put the seniors and vulnerable
persons first. As a result of this pandemic, we will f ocus on the urgent issues with each goal in order to
provide support and assistance for the i mmediate
challenges of our seniors and vulnerable people.
Sticking to the rules matters. If you don’t, you
risk spreading COVID -19 and wind up extending ev eryone’s time in phase one. These measures have
been put in place by our Government are preventing
our Island from being in the worst -case scenario. Ev erything you have to give up or continue to have to give up over the next couple of months will literally save lives, hundreds of lives.
On a positive note, the Geneva- based World
Health Organi zation is lea ding a global -wide initiative
to develop safe, effective vaccine and drugs to dia gnose, prevent and treat COVID -19. This respiratory
illness [ INAUDIBLE ] 4.1 million people around the
world. The Government encourages all Bermudians
[INAUDIBLE ] that will ass ist the community in our efforts to progress from p hase one through p hase four
of COVID restriction.
Until our health [ INAUDIBLE ] teams identify
and resort [INAUDIBLE], Government is also encou raging every Bermudian to get their free COVID -19 test
at the G overnment ’s outside lab. This will prevent
people who are asymptomatic from unknowingly
transmitting to [their] family, friends and colleagues.
The Government will continue to do all it can
to protect you, but we need you to do everything you
can to protect our elderly Bermudians. Your actions
will be critical for our collective ability to stop the
spread of COVID -19. Failure to play your part will put
the lives of others at risk. We are in this together and
we must unite against COVID -19. As a c ountry, we
must work together as this affects all of us. Together we can do this. We must continue to flatten the curve.
Thank you.
The President: Thank you, Senator Simmons -Wade.
Would any other Senator care to speak? No?
Then I would just like to add that I am sure
that each one of the Senators and everyone in Bermuda supports the comments that you have just
made, Senator Simmons -Wade, and we thank you for
that.
Senators, the Senate stands adjourned.
[Inaudible interjection]
The President: Oh, Madam Attorney General, did you
want to . . .
Sen. the Hon. Kathy Lynn Simmons: Yes, I am sorry, Madam President.
The President: I’m sorry, I was looking for you.
[Laughter]
COVID -19—APPLAUDING PARENTS AND
OTHERS DURING THE PANDEMIC
Sen. the Hon. Kathy Lynn Simmons: I’m sorry.
I just wanted to end on a positive note. Of
course, we all associate ourselves with the remarks
on the obituaries which were given earlier.
I wanted to talk about something positive
which is to applaud our parents and caregivers in Bermuda right now. I can honestly say that I have
friends and acquaintances who have never, ever had
to spend this much time in the presence of their kids.
When you consider that most of us are at work and the kids are at school, it has been the most interes ting, chall enging and trying time for lots of our parents.
As I go about with my exercise, I see parents
who are walking their children, whole families out ex-ercising , which is something new for Bermuda, but
you also have the very huge challenge of entertaining
these little people which most people are finding extremely challenging. And when you look at the way we
live our lives right now where we have all sorts of
technological tools for entertainment, I would hazard a
guess and say it has been, in a lot of cases, a very
healthy change for our families.
Of course, you know, being in close quarters
for long periods of time challenges most of us, includ-ing our own personal relationships. But to the parents
who have been able to be creative and patient with
their young people, I think we would all give them a
huge round of applause. This situation is not going to leave us any time soon and so to parents and car egivers, you have our support and we acknowledge the efforts that you are making to keep your young people
safe and entertained.
I would also, Madam President, really quickly
like to ac knowledge the young people who stepped up
to help in the health profession during this pandemic. We have seen the excellence of Dr. Weldon. We also
have M. A. Foggo and we have a whol e team of
young people that have gotten on board at the Prem-ier’s instigation to assist, and it does bode well for our
future to see that we are able to harness the collective
intelligence and skills of these young people and to
give them a place of owners hip in Bermuda to assist
and to further hone their skills in our community. So, to all of them and to the nurses who are on the front-line, I would like to just reach out and say heartfelt
thanks from all of us.
And with that Madam President, over to you.
The President: Thank you, Senator Kathy Lynn Si mmons .
Bermuda Senate And with that, the Senate stands adjourned
until May the 20th. Thank you all for your presence and
your input this morning.
Sen. the Hon. Kathy Lynn Simmons: Thank you,
Madam President.
[*At 11:55 am, the Senate stood adjourned until
10:00 am, Wednesday, 20 May 2020.]
[*The Senate resumed on 27 May 2020.]
922 13 May 2020 Official Hansard Report
Bermuda Senate
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