The train is coming now

TELL Claudienne

Sunday, August 26, 2018

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Dear Claudienne

I live in St Catherine and a railroad track runs through the district where I reside.

I have been applying for my father's land title from the Land Administration and Management Programme (LAMP) for more than 10 years now. Because my neighbour and I shared the same crossing, we had to use the rail track roadway to go over our land. I received a contract (Deed of Easement to Cross Over Rail Track from Jamaica Railway Corporation (JRC), and my father and my neighbour signed it and sent it to LAMP

We each paid LAMP $50,000 and received an altered version of the same contract.

However the JRC at a later date met with LAMP and objected to the alteration to the contract.

The JRC and LAMP came to an agreement and the JRC then promised to draft a different contract for my father and his three children.

The promise to draft a new contract was made by the JRC two years ago but up to now we have not got it.

Could you kindly find out from the JRC the reason for the delay in giving us the new contract?


Dear YC

Tell Claudienne contacted the manager of the JRC and outlined your concerns.

The JRC manager sent Tell Claudienne the following e-mail:

“As you are quite well aware, land matters are very often not as simple as one would hope or think. Whether the issue is legal, technical, cultural, financial or a combination of these and a raft of other matters, much care in completing land transactions is always necessary and advisable. Unfortunately, sometimes, the process can be lengthier than expected.

Having said that, however, please note that the situation outlined below requires some clarification. The JRC previously (in 2010) granted a right of way (or leeway) across our rail reservation to CC and VW for accessing their properties. Sometime ago we received a draft contract from LAMP requesting our signatures to facilitate a separation in the contract and a new contract be drawn up for CC (your father). This was to facilitate a titling process through LAMP. The JRC could not accept the submission of LAMP, ie a contract drawn up by their attorneys' on our behalf, without our knowledge, consultation and necessary information regarding the matter.

It is not the JRC's intent to delay the process, however, the corporation had to undertake its own due diligence and not simply sign a document presented to us without any brief or background. Having satisfied itself of the issues germane to us, the corporation has prepared a draft contract for CC and family and, all things being equal, this will be signed-off on, presently.

I trust that this information is useful and we stand ready to answer any further queries, should there be any.”

On August 13, 2018, Tell Claudienne asked the JRC general manager to give a time frame as to when the JRC will finalise the draft contract for your father and family.

On August 14, 2018, the JRC general manager advised Tell Claudienne as follows:

“The corporation will be finalising the draft contract within another week.”

Tell Claudienne will continue to follow up this matter with the JRC and will let you know when the contract is ready.

We wish you all the best.

50 years of work -- NIS pension of $15,766 per month

Dear Claudienne

My husband is terminally ill. He worked with one company and contributed to the NIS for almost 50 years. He started to receive his pension in 2016.

He receives only $15, 766.08 and it is lodged to his account on the 15th of each month. I am questioning the amount he receives as his NIS pension after contributing to the fund for so many decades.

Could you please get an explanation from the NIS for me.


Dear MEC

Tell Claudienne has been informed by the acting claims manager at the NIS that your husband is receiving a full-rate pension.

The e-mail the column received from the NIS stated the following:

“I have located the file for HC and I see where he was paid an initial award. There are some missing years and his file will have to be sent back to the parish office in order to investigate these years. He is already in receipt of a full-rate pension and any additional contribution found will only affect the wage-related portion of his pension.

At present, the ministry is conducting an operation where the documents on all files are being scanned . This is done in numeric order using the pension number, and MC's file is not yet due for scanning.

I will keep you informed.”

Tell Claudienne will continue to follow up this matter with the NIS and will inform you if the records are found for the missing years of your husband's contributions.

We wish you all the best.

Have a problem with a store, utility, a company? Telephone 936-9436 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 1/2 Beechwood Avenue, Kingston 5; or e-mail: . Please include a contact phone number.

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