Kenya Act or statute

Parliament of Kenya

County Governments Retirement Scheme Act

Jurisdiction: Kenya
Structure: 59 provisions
Citation: Cap. 189B
Dates: As at 31 Dec 2022

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Dates: As at 31 Dec 2022

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“This Act may be cited as the County Governments Retirement Scheme Act.”

This Act may be cited as the County Governments Retirement Scheme Act. Defines "spouse" as "a spouse to the deceased." Section 3 lists the Act's objects: establishing the Scheme, providing for payment of retirement benefits when due, ensuring members save for retirement livelihood, setting uniform rules for administration and payment of benefits, creating transitional provisions for existing schemes, and protecting members' benefits. Trustees may be removed from office for specified grounds (including incapacity, misconduct, incompetence, bankruptcy, unjustified absence, or failure to meet leadership and integrity requirements); the Authority may remove a Trustee on grounds in the Retirement Benefits Act, 1997. Resignation must be in writing to the Cabinet Secretary.

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PRELIMINARY - 1. Short title

This Act may be cited as the County Governments Retirement Scheme Act.

Section 1

ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 5. Membership of the Scheme

A county public officer or any other person approved by the Board may become a member of the Scheme under the auspices of a sponsor.

Section 5

ADMINISTRATION OF THE SCHEME - 30. Particulars of member and dependants of the member

Members must provide their own and their dependants' particulars to the administrator; members may update those particulars, including at any time and at least three years before retirement.

Section 30

MISCELLANEOUS PROVISIONS - 45. Conflict with other written law

If there is a conflict between this Act and the Retirement Benefits Act, the provisions of the Retirement Benefits Act prevail.

Section 45

SAVINGS AND TRANSITION - 59. Amendment of section 132 of No. 17 of 2012

Deletes section 132 of the County Governments Act (No. 17 of 2012).

Section 59

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Showing 59 of 59 provisions

Provision 43Commencement 7Offence 4Repeal 2

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

This Act may be cited as the County Governments Retirement Scheme Act.

Section 1. Short title Section This Act may be cited as the County Governments Retirement Scheme Act.

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

Defines "spouse" as "a spouse to the deceased."

Section 2. Interpretation Section a spouse to the deceased;

Section 2Verify source

§ 3PRELIMINARY - 3. Objects and purpose of the Act.Provision

Section 3 lists the Act's objects: establishing the Scheme, providing for payment of retirement benefits when due, ensuring members save for retirement livelihood, setting uniform rules for administration and payment of benefits, creating transitional provisions for existing schemes, and protecting members' benefits.

Section 3. Objects and purpose of the Act. Section 3(1)(a) provide for the establishment of the Scheme; Section 3(1)(b) provide for the payment of retirement benefits to members of the Scheme when they become due; Section 3(1)(c) provide for the social security of members of the Scheme by ensuring that the members save in order to cater for their livelihood during their retirement; Section 3(1)(d) establish a uniform set of rules, regulations and standards for the administration and payment of retirement benefits for members of the Scheme; Section 3(1)(e) establish transitional provisions for existing schemes; and Section 3(1)(f) protect the benefits of the members of the Scheme.

Section 3Verify source

Part II

ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME

§ 10ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 10. Removal from officeProvision

Trustees may be removed from office for specified grounds (including incapacity, misconduct, incompetence, bankruptcy, unjustified absence, or failure to meet leadership and integrity requirements); the Authority may remove a Trustee on grounds in the Retirement Benefits Act, 1997.

Section 10. Removal from office Section 10(1)(a) inability to perform the functions of the office arising out of physical or mental incapacity; Section 10(1)(b) gross misconduct or misbehaviour; Section 10(1)(c) incompetence or negligence of duty; Section 10(1)(d) bankruptcy; Section 10(1)(e) absence from two consecutive meetings of the Board without a reasonable explanation; and Section 10(1)(f) failure to meet the requirements of leadership and integrity set out in chapter six of the Constitution. Section 10(2) Before a Trustee is removed from office under subsection (1), the Trustee shall be given an opportunity to be heard against the intended removal. Section 10(3) Notwithstanding subsection (1), the Authority may remove a Trustee on grounds specified in the Retirement Benefits Act, 1997.

Section 10Verify source

§ 11ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 11. Vacation of officeProvision

Resignation must be in writing to the Cabinet Secretary.

Section 11. Vacation of office Section resigns in writing to the Cabinet Secretary;

Section 11Verify source

§ 12ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 12. Filling of vacancyProvision

If a vacancy occurs on the Board under section 10 or 11, the Cabinet Secretary must appoint a new Trustee.

Section 12. Filling of vacancy Section Where a vacancy occurs in the membership of the Board under section 10 or 11 , the Cabinet Secretary shall appoint a new Trustee in accordance with the provisions of this Act.

Section 12Verify source

§ 13ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 13. Functions of the BoardProvision

The Board must formulate policies relating to the Scheme in accordance with the Retirement Benefits Act (Cap. 197).

Section 13. Functions of the Board Section formulate policies relating to the Scheme in accordance with the provisions of the Retirement Benefits Act (Cap. 197);

Section 13Verify source

§ 14ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 14. Powers of the BoardProvision

The Board must be accountable to the sponsors and members and has all powers necessary to run the Scheme, including supervising assets, appointing custodians and managers, determining expenses and reserves, protecting and investing assets, receiving grants, enforcing contributions, delegating powers, and undertaking necessary activities.

Section 14. Powers of the Board Section 14(1) In the exercise of its functions, the Board shall be accountable to the sponsors and the members of the Scheme. Section 14(2) The Board shall have all powers necessary for the proper performance of the functions of the Scheme under this Act. Section 14(3)(a) supervise the assets of the Scheme in such manner as best promotes the purpose for which the Scheme is established; Section 14(3)(b) appoint a custodian, fund manager and administrator to carry out their functions as specified in the Retirement Benefits Act (Cap. 197); Section 14(3)(c) determine the provisions to be made for administrative expenses as provided for under section 38 and for reserves of the Fund as provided for under section 39 ; Section 14(3)(d) ensure protection, where necessary, of the assets of the Scheme; Section 14(3)(e) associate with any other institution so as to further the purpose for which the Scheme is established; Section 14(3)(f) receive grants, gifts, donations or endowments and make legitimate disbursements from them; Section 14(3)(g) enforce remittance of outstanding Contributions by a sponsor; Section 14(3)(h) invest any monies of the Scheme not immediately required for its purposes; Section 14(3)(i) delegate any of its powers; and Section 14(3)(j) undertake any activity necessary for the fulfilment of any of the functions of the Scheme. Section 14(4) The Board may, subject to such conditions as it may consider necessary, by directions in writing, delegate any of its powers to any one or more of the Trustees or to the chief executive officer or employees of the Scheme.

Section 14Verify source

§ 15ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 15. Committees of the BoardProvision

The Board may form committees and co‑opt up to three persons to them; co‑opted persons must hold office for periods the Board decides; committees may regulate their own procedure subject to Board direction.

Section 15. Committees of the Board Section 15(1) The Board may establish committees consisting of the Trustees for the better carrying out of its functions. Section 15(2) The Board may co-opt persons to committees established under subsection (1) for a particular reason and such persons shall hold office for such period as the Board may determine. Section 15(3) The persons co-opted into a committee under subsection (2) shall not be more than three. Section 15(4) Subject to any specific or general direction of the Board, a committee established under subsection (1) may regulate its own procedure.

Section 15Verify source

§ 16ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 16. Remuneration of TrusteesProvision

The Trustees are to be paid remuneration determined by the Authority under the Retirement Benefits Act (Cap. 197).

Section 16. Remuneration of Trustees Section The Trustees shall be paid such remuneration as the Authority may determine in accordance with the Retirement Benefits Act (Cap. 197).

Section 16Verify source

§ 17ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 17. Meetings of the BoardProvision

The Board must conduct its business and affairs in accordance with the Schedule; the Board may regulate its procedures subject to the Retirement Benefits Act and may invite persons to meetings who shall not have a vote.

Section 17. Meetings of the Board Section 17(1) The business and affairs of the Board shall be conducted in accordance with the Schedule. Section 17(2) Except as provided in the Schedule, the Board may regulate its own procedures subject to compliance with the Retirement Benefits Act (Cap. 197) and the regulations thereunder. Section 17(3) The Board may invite any person to attend any of its meetings and to participate in its deliberations, but such person shall not have a vote in any of its decisions.

Section 17Verify source

§ 18ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 18. Chief executive officer of the SchemeProvision

Section 18 establishes a Chief Executive Officer of the Scheme: the Board must appoint the CEO via competitive recruitment; the CEO is an ex-officio Board member, must perform specified managerial duties, serves a three-year term (with one possible further three-year term), and the Board may remove the CEO on grounds in the instrument of appointment.

Section 18. Chief executive officer of the Scheme Section 18(1) There shall be a chief executive officer of the scheme who shall be appointed by the Board through a competitive recruitment process on such terms and conditions as may be specified in the instrument of appointment. Section 18(2) The chief executive officer shall be an ex-officio member of the Board. Section 18(3)(a) is a citizen of Kenya; Section 18(3)(b) holds a degree from a university recognized in Kenya; Section 18(3)(c) has at least ten years of experience of which five years should be at senior management level in a profession relevant to the functions of the Scheme as may be defined in the Regulations; and Section 18(3)(d) meets the requirements of leadership and integrity set out in Chapter Six of the Constitution. Section 18(4)(a) implementation of the decisions of the Board; Section 18(4)(b) day to day management of the affairs of the Scheme; Section 18(4)(c) management and discipline of the employees of the Scheme; and Section 18(4)(d) any other function that may be assigned by the Board. Section 18(5) The Chief Executive Officer shall hold office for a term of three years and may be eligible for re-appointment for a further final term of three years. Section 18(6) The Chief Executive Officer may be removed from office by the Board such grounds as may be set out in the instrument of appointment. Section 18(7)(a) sufficient notice of the allegations made against him or her; and Section 18(7)(b) an opportunity to be heard either in person or by a legal representative.

Section 18Verify source

§ 19ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 19. Employees of the SchemeProvision

Section 19. Employees of the Scheme Section 19(1) The Board may engage such other employees as it may consider necessary for the performance of its functions under this Act. Section 19(2) The terms and conditions of service of employees of the Scheme shall be determined by the Board.

Section 19Verify source

§ 20ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 20. Common seal of the SchemeProvision

The common seal of the Scheme must be kept in custody as the Board directs and may be used only on the order of the Board.

Section 20. Common seal of the Scheme Section 20(1) The common seal of the Scheme shall be kept in such custody as the Board may direct and shall not be used except on the order of the Board. Section 20(2) The common seal of the Scheme when affixed to a document and authenticated shall be officially noticed, and unless the contrary is proved, an order or authorization of the Board under this section shall be presumed to have been given.

Section 20Verify source

§ 4ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 4. Establishment of the County Governments Retirement SchemeProvision

Establishes the County Governments Retirement Scheme.

Section 4. Establishment of the County Governments Retirement Scheme Section 4(1) There is established the County Governments Retirement Scheme. Section 4(2)(a) suing and being sued; Section 4(2)(b) taking, purchasing or otherwise acquiring, holding, charging and disposing of movable and immovable property; Section 4(2)(c) entering into contracts; Section 4(2)(d) borrowing and investing money; and Section 4(2)(e) doing or performing all such other things or acts as may be necessary in furtherance of its purpose and functions. Section 4(3)(a) periodic payments through the purchase of annuities; Section 4(3)(b) a lump sum as a commutation of pension or trivial pension in accordance with the RBA Regulations; Section 4(3)(c) income drawdown; Section 4(3)(d) gratuity; and Section 4(3)(e) any other benefit approved by the Board under this Act.

Section 4Verify source

§ 5ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 5. Membership of the SchemeProvision

A county public officer or any other person approved by the Board may become a member of the Scheme under the auspices of a sponsor.

Section 5. Membership of the Scheme Section A county public officer or any other person approved by the Board may become a member of the Scheme under the auspices of a sponsor.

Section 5Verify source

§ 6ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 6. Board of Trustees of the SchemeProvision

Management of the Scheme is vested in a Board of Trustees whose membership and appointment arrangements are specified, including gender composition rules and that the CEO is an ex officio secretary with no vote.

Section 6. Board of Trustees of the Scheme Section 6(1) The management of the Scheme shall vest in a Board of Trustees of the Scheme. Section 6(2)(a) the Chairperson elected by the Trustees from among the members under paragraph (c), (d), (e) and (f); Section 6(2)(b) the Principal Secretary responsible for matters relating to finance or a representative; Section 6(2)(c) a person nominated by Council of County Governors; Section 6(2)(d) a person nominated by County Public Service Boards; Section 6(2)(e) a person nominated by County Assembly Service Boards; Section 6(2)(f) four persons from trade unions representing the employees within the county executive; and Section 6(2)(f)(i) four persons from trade unions representing the employees within the county executive; and Section 6(2)(f)(ii) a person from trade unions representing the employees within the county assemblies' service; and Section 6(2)(g) the Chief Executive Officer who shall be an ex officio member and the secretary to the Board with no voting rights. Section 6(3) The vice-Chairperson of the Board shall be elected by the Trustees from among their number. Section 6(4) The Chairperson and vice-Chairperson shall be of the opposite gender. Section 6(5) The Cabinet Secretary shall ensure that not more than two thirds of the members of the Board are of the same gender. Section 6(6) The Cabinet Secretary shall appoint the persons nominated under subsection (2) by notice in the gazette. Section 6(7) -The procedure for nomination and appointment of Trustees under subsection (2) shall be as prescribed in the regulations.

Section 6Verify source

§ 7ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 7. Qualifications for appointment of TrusteesProvision

Trustees must be citizens of Kenya.

Section 7. Qualifications for appointment of Trustees Section is a citizen of Kenya;

Section 7Verify source

§ 8ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 8. Disqualification from appointment as a Trustee.Offence

A person is disqualified from appointment as a Trustee if they have been convicted of a criminal offence and sentenced to imprisonment for a term of six months or more.

Section 8. Disqualification from appointment as a Trustee. Section has been convicted of a criminal offence, and sentenced to imprisonment for a term of six months or more;

Section 8Verify source

§ 9ESTABLISHMENT OF THE COUNTY GOVERNMENTS RETIREMENT SCHEME - 9. Tenure of officeProvision

Trustees hold office for three years; they may be eligible for one further three-year term. The Board must stagger appointments so one-third of Trustees are appointed in a staggered manner.

Section 9. Tenure of office Section 9(1) A Trustee shall hold office for a term of three years and may be eligible for re-appointment for a further and final term of three years. Section 9(2) Where a Trustee opts to apply for re-appointment under subsection (1), the re-appointment may be considered based on the performance of the applicant. Section 9(3) The Board shall put in place arrangements to ensure that one-third of the Trustees are appointed in a staggered manner.

Section 9Verify source

Part III

ADMINISTRATION OF THE SCHEME

§ 21ADMINISTRATION OF THE SCHEME - 21. Fund managerProvision

Fund manager implement the investment policy of the Scheme as approved by the Board.

Section 21. Fund manager Section implement the investment policy of the Scheme as approved by the Board;

Section 21Verify source

§ 22ADMINISTRATION OF THE SCHEME - 22. Custodian of the SchemeProvision

The custodian must hold and manage the Scheme's funds and assets for the Board, perform specified custody and reporting duties (including receiving contributions, notifying the fund manager and administrator, holding title documents, collecting dividends, reporting and analysis, quarterly reconciliations, executing proxies, and other assigned functions), and must not use pension funds or assets in its custody to meet its own financial obligations.

Section 22. Custodian of the Scheme Section 22(1)(a) receive the contributions remitted by the sponsors and members under this Act on behalf of the Board; Section 22(1)(b) not later than the next business day following receipt of the contributions from a sponsor, notify the fund manager and the administrator of such receipt; Section 22(1)(c) receive and keep in safe custody the title documents, securities and monies of the Scheme in trust for the members and beneficiaries; Section 22(1)(d) collect dividends for the Scheme; Section 22(1)(e) report to the Board on any matter relating to the assets being held by the custodian on its behalf at such intervals as may from time to time be determined by the Board; Section 22(1)(f) undertake statistical analysis on the investments and returns on investments with respect to funds in its custody and provide data and information to the administrator and the Board; Section 22(1)(g) submit to the Board a report on a quarterly basis, of the reconciliations with respect to the funds held by the Custodian; Section 22(1)(h) execute, on behalf of the Board, the relevant proxy for the purpose of voting in relation to the investments; and Section 22(1)(i) perform any other function that may be assigned in the instrument of appointment or any other written law. Section 22(2) The custodian shall maintain all funds and assets in its custody to the order of the Board and shall not utilise any pension fund or assets in its custody to meet its own financial obligation.

Section 22Verify source

§ 23ADMINISTRATION OF THE SCHEME - 23. AdministratorProvision

Section 23 designates an administrator (appointed by the Board) to administer the Scheme and lists specific duties of that administrator, including account management, crediting contributions, informing the Board of discrepancies, providing quarterly access to balances, maintaining accounts, paying retirement benefits, performing benefit calculations, carrying out Board-directed functions, and distributing investment income to members' accounts subject to approved fees.

Section 23. Administrator Section 23(1) The Scheme shall be administered by an administrator appointed by the Board. Section 23(2) The administrator shall be an employee of the Board. Section 23(3)(a) open and maintain an account for each member; Section 23(3)(b) upon receiving details of the contributions remitted under this Act, cause the amount of the contributions to be credited in the account of the member in respect of whom the sponsor has made the payment; Section 23(3)(c) inform the Board if a member's contribution details differ from the expected; Section 23(3)(d) provide customer support services to members, including access at least on a quarterly basis to members' account balances and statements; Section 23(3)(e) keep and maintain proper books of accounts of the Scheme; Section 23(3)(f) cause to be paid retirement benefits to a member who has retired; Section 23(3)(g) be responsible for all calculations relating to retirement benefits; and Section 23(3)(h) carry out any other functions as may be directed by the Board from time to time. Section 23(4) The administrator shall ensure that all income earned from the investment of the Fund is distributed to the credit of the members' retirement savings accounts save for clearly defined and reasonable fees, charges, costs and expenses of transactions as may be approved by the Board.

Section 23Verify source

§ 24ADMINISTRATION OF THE SCHEME - 24. ContributionsCommencement

Members must contribute at least 12% of their pensionable emoluments; sponsors must contribute at least 15% of employees' pensionable emoluments plus insured-benefit premiums; sponsors must provide life insurance with disability benefits of at least three times a member's annual pensionable emoluments; members may make additional contributions subject to Board guidelines; sponsors must deduct and remit contributions monthly by the 10th (or another approved date); late sponsor payments attract interest at a Board-specified rate (not below the Retirement Benefits Act rate); the Board may recover unpaid amounts summarily.

Section 24. Contributions Section 24(1) A member shall, so long as the member remains in the employment of a sponsor, contribute not less than twelve percent of that member's pensionable emoluments to the Scheme. Section 24(2) Every sponsor shall contribute to the Scheme not less than fifteen per cent of the pensionable emoluments of every employee who is a member of the Scheme plus the amounts necessary to cover the premiums for insured benefit. Section 24(3) Subject to such guidelines as the Board may issue, in consultation with the members and sponsors of the Scheme, a member of the Scheme may make additional contributions to the Scheme. Section 24(4) In addition to the contributions specified in subsections (1) and (2), the sponsor shall take out and maintain a life insurance policy that has disability benefits in favour of every member of the Scheme, for a minimum of three times of the member's annual pensionable emoluments. Section 24(5) Upon commencement of this Act, contributions required to be made under subsections (1) and (3) shall be deducted by a sponsor from the salary of the contributor in each month on which the salary is paid and shall be paid into the Scheme together with the sponsor's contribution before the 10th day of every calendar month or before any other day which may be notified in writing and approved by the Authority. Section 24(6) Any contributions not paid to the Scheme by a sponsor within ten days after the last day of the calendar month to which the contributions relate shall attract interest during the period they remain unpaid at a rate specified by the Board from time to time provided that such rate shall not be less than the rate specified in the Retirement Benefits Act and Regulations. Section 24(7) All unpaid contributions and interest thereon shall constitute a civil debt of the respective sponsor and shall be recoverable summarily by the Board as provided for by law. Section 24(8) The Board shall report to the Authority at such intervals as specified by the Authority, all remittances of contributions outstanding and not received after the deadlines specified herein.

Section 24Verify source

§ 25ADMINISTRATION OF THE SCHEME - 25. Vesting of benefitsProvision

Benefits from contributions by a member and a sponsor vest immediately in the member.

Section 25. Vesting of benefits Section All the benefits derived from contributions by a member and a sponsor shall vest immediately in the member.

Section 25Verify source

§ 26ADMINISTRATION OF THE SCHEME - 26. Withdrawal of membership or benefitsProvision

Members may not withdraw benefits while employed by a Sponsor; members who leave may in some cases opt for payment of contributions or have balances retained or transferred; the Board must submit its approval to the Authority 14 days before payment when approving benefit payments.

Section 26. Withdrawal of membership or benefits Section 26(1) A member shall not withdraw membership or retirement benefit from the Scheme while the member is in the employment of a Sponsor. Section 26(2)(a) resignation; Section 26(2)(b) dismissal; Section 26(2)(c) ill health; Section 26(2)(d) emigration. Section 26(3)(a) where a member leaves employment before one year of membership, the member may opt for payment of his own and the whole of the sponsor's contributions, together with allocated investment income; Section 26(3)(b) his or her own contribution and the sponsor's contribution as may be prescribed by the Retirement Benefits Authority and the investment income that has accrued in respect of those contributions; and Section 26(3)(b)(i) his or her own contribution and the sponsor's contribution as may be prescribed by the Retirement Benefits Authority and the investment income that has accrued in respect of those contributions; and Section 26(3)(b)(ii) the balance shall be retained in the Scheme and continue to accrue interest until the member attains early retirement age, or transferred to another registered Scheme of the members choice; Section 26(3)(c) on grounds of ill health or subsequently during deferment, if the member becomes incapacitated due to ill health, to the extent that it would occasion his or her retirement, if he or she was in employment; or Section 26(3)(c)(i) on grounds of ill health or subsequently during deferment, if the member becomes incapacitated due to ill health, to the extent that it would occasion his or her retirement, if he or she was in employment; or Section 26(3)(c)(ii) if the member has emigrated from Kenya to another country without the intention of returning to reside in Kenya and the Board has approved the payment of the retirement benefits and submitted, fourteen days prior to payment of the benefits, the approval to the Authority.

Section 26Verify source

§ 27ADMINISTRATION OF THE SCHEME - 27. Retirement from serviceProvision

Members retire on reaching normal retirement age, or (if date of birth unknown) on 1 July in the year the Board deems they reached that age; members also retire if a Board-appointed qualified medical practitioner certifies they are no longer capable. Acceptable proof of age includes a birth certificate, national identification card, or valid passport.

Section 27. Retirement from service Section 27(1)(a) on attaining the normal retirement age, or where their exact date of birth is not known, on the 1st July in the year in which the Board deems that they have reached normal retirement age; Section 27(1)(b) on the advice of a qualified medical practitioner appointed by the Board certifying that the member is no longer mentally or physically capable of carrying out the functions of their office. Section 27(2)(a) birth certificate; Section 27(2)(b) national identification card; or Section 27(2)(c) a valid passport.

Section 27Verify source

§ 28ADMINISTRATION OF THE SCHEME - 28. Early retirementProvision

Members who retire at the early retirement age are entitled to make withdrawals in accordance with section 29.

Section 28. Early retirement Section 28(1) Notwithstanding the provisions of section 27 , any member who retires on attaining the early retirement age is entitled to make withdrawals in accordance with section 29 . Section 28(2)(a) birth certificate; Section 28(2)(b) national identification card; or Section 28(2)(c) a valid passport.

Section 28Verify source

§ 29ADMINISTRATION OF THE SCHEME - 29. Payment of retirement benefits.Commencement

Members may withdraw any additional voluntary contributions they have made into the Scheme, plus accrued interest, in full.

Section 29. Payment of retirement benefits. Section 29(1)(a) a lump sum from the balance in his or her retirement savings account that shall not exceed the equivalent of one-third of that balance: Provided that a Member may withdraw any additional voluntary contributions made into the Scheme and accrued interest in full; Section 29(1)(b) monthly or quarterly income drawdown in accordance with a formula prescribed by the Board on the advice of an actuary; Section 29(1)(c) monthly or quarterly annuity for life purchased from an approved issuer of their choice: Section 29(2)(a) assignable or transferable except in accordance with the terms of a mortgage guarantee facility approved by the Board; and Section 29(2)(b) liable to be attached in settlement of any claim. Section 29(3) The payment of a retirement benefits shall commence from the end of the month immediately following the month of the retirement of the member. Section 29(4) Every payment of benefits from the Scheme may be subject to deduction of the amount outstanding due by the member under any mortgage guarantee facility approved by the Board.

Section 29Verify source

§ 30ADMINISTRATION OF THE SCHEME - 30. Particulars of member and dependants of the memberProvision

Members must provide their own and their dependants' particulars to the administrator; members may update those particulars, including at any time and at least three years before retirement.

Section 30. Particulars of member and dependants of the member Section 30(1) Every member shall provide his or her particulars and those of his or her dependants to the administrator in the prescribed manner. Section 30(2) A member may update the particulars provided under subsection (1) at any time and, in any event, at least three years before retirement.

Section 30Verify source

§ 31ADMINISTRATION OF THE SCHEME - 31. Dispute on nominationProvision

If a nomination dispute arises under this Part, the Board has the power to consider evidence and decide the rightful dependant; the Board also retains inherent power to make necessary decisions on its own motion or on application by a party.

Section 31. Dispute on nomination Section 31(1) If a dispute relating to a nomination under this Part arises, the Board has power to consider evidence presented and determine the rightful dependant. Section 31(2) Nothing in this Part may be construed as limiting or otherwise affecting the inherent power of the Board, either on its own motion or on the application of a party, to make such decisions as may be necessary.

Section 31Verify source

§ 32ADMINISTRATION OF THE SCHEME - 32. Benefits to be paid upon the death of a memberProvision

If benefits upon a member's death are paid to a person validly nominated under this Part, no other person may claim those benefits from the Fund.

Section 32. Benefits to be paid upon the death of a member Section If upon the death of a member, benefits are paid to a person validly nominated under this Part, no other person shall have any other claim to the benefits against the Fund.

Section 32Verify source

§ 33ADMINISTRATION OF THE SCHEME - 33. Death of a member in serviceProvision

If a member dies, the Board must apply accrued benefits to nominated persons or, if there is no nomination, distribute them among dependants as the Board decides; if there is a dispute the Board must consider evidence and determine the rightful beneficiary.

Section 33. Death of a member in service Section 33(1) Upon the death of a member, the benefits accrued to the member shall be paid to the person whose particulars the Member had provided or at the Board's discretion as otherwise provided in the Retirement Benefits Act and Regulations thereunder. Section 33(2) In the absence of a nomination, the Board shall apply the benefits referred to in subsection (1) to such of dependants of the deceased and in such amounts as the Board shall determine. Section 33(3) Where a dispute arises under this section, the Board shall consider any evidence presented before it and determine the rightful beneficiary.

Section 33Verify source

§ 34ADMINISTRATION OF THE SCHEME - 34. Presumption of death of memberProvision

If a member has been missing and not heard of for the period prescribed by law, there is a rebuttable presumption that the member is dead.

Section 34. Presumption of death of member Section 34(1) Where a member is missing and it is proved that the member has not been heard of for such period as prescribed by the law relating to presumption of death by those who might be expected to have heard of the member if that member was alive, there shall be a rebuttable presumption that the member is dead as provided under the law. Section 34(2) Where a person is presumed dead under this section, the provisions of section 33 apply.

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§ 35ADMINISTRATION OF THE SCHEME - 35. Death of member in retirementProvision

If a member receiving an income drawdown dies, the unutilized account balance is to be paid to the member's nominated beneficiaries, either as a lump sum or as an annuity starting the day after death.

Section 35. Death of member in retirement Section 35(1) If a member who was receiving a retirement benefit under an income drawdown dies, a benefit that is equivalent to the unutilized balance of the account of the member shall be paid to the nominated beneficiaries of the member. Section 35(2) The payment under subsection (1) shall be made to the beneficiaries either as a lump sum or as an annuity commencing from the day following the death of the member.

Section 35Verify source

§ 36ADMINISTRATION OF THE SCHEME - 36. Prohibited payments from the SchemeProvision

Members must not receive payments from the Scheme while still employed by a Sponsor, except where they work for the Sponsor on a contractual basis after resignation or early retirement.

Section 36. Prohibited payments from the Scheme Section a member, while the member is still in the employment of a Sponsor except where a member works on a contractual basis for the Sponsor after their resignation or early retirement ; or

Section 36Verify source

Part IV

FINANCIAL PROVISIONS

§ 37FINANCIAL PROVISIONS - 37. County Governments Retirement Scheme FundProvision

Establishes the County Governments Retirement Scheme Fund to be administered by the Board.

Section 37. County Governments Retirement Scheme Fund Section There is established a Fund to be known as the County Governments Retirement Scheme Fund which shall be administered by the Board in accordance with this Act and other relevant written laws.

Section 37Verify source

§ 38FINANCIAL PROVISIONS - 38. Sources of fundsRepeal

Section 38 lists sources of funds for the Scheme, authorizes certain administrative deductions and allows the Board to invest surplus monies.

Section 38. Sources of funds Section 38(1)(a) monies as may vest in or accrue to the Scheme in the performance of its functions under this Act or under any other written law; Section 38(1)(b) contributions from sponsors and members; Section 38(1)(c) grants, gifts, donations or other endowments given to the Scheme; Section 38(1)(d) income from investments made by the Scheme that are approved by the Board; Section 38(1)(e) fees and charges authorized by the Board; Section 38(1)(f) monies earned by the Scheme from any other source; and Section 38(1)(g) monies from any other source provided or donated or lent to the Scheme. Section 38(2)(a) all benefits provided for under this Act; Section 38(2)(b) the expenses incurred in the management and administration of the Scheme subject to the limits provided under this section. Section 38(3)(a) taxes; Section 38(3)(b) the imposition of charges on a public fund or the variation or repeal of any of those charges; Section 38(3)(c) the appropriation, receipt, custody, investment or issue of public money; Section 38(3)(d) the raising or guaranteeing of any loan or its repayment except as provided in any written law; or Section 38(3)(e) matters incidental to any of those matters. Section 38(4)(a) the monies transferred from the Fund for the trust expenses incurred by the Board in the exercise of its powers or the performance of its functions under this Act; Section 38(4)(b) the annual administrative expenses deducted from the value of the Fund at the rate approved from time to time by the Board but subject to a maximum of one and half percent of the Fund value or any such rate as the Board in consultation with the Authority may prescribe; Section 38(4)(c) monies that may vest in the Board in the course of the exercise of the powers of the Board; Section 38(4)(d) income from the investment of the monies held in the account established under this section; and Section 38(4)(e) all monies from any other source provided for or donated or lent to the Board. Section 38(5) Any unspent monies budgeted for annual administrative expenses shall lapse back into the Fund at the end of the financial year. Section 38(6) The Board may invest any surplus monies held in the account established under this Act in asset classes approved under the Retirement Benefits Act.

Section 38Verify source

§ 39FINANCIAL PROVISIONS - 39. Reserve accountProvision

Reserve account consists of (a) special contributions paid into the Scheme by a sponsor or the Government and (b) income the Board determines should be set aside to stabilise returns, subject to a maximum of ten per cent of such income; money may only be drawn from the reserve account as directed by the Board.

Section 39. Reserve account Section 39(1)(a) any special contribution paid into the Scheme by a sponsor or the Government for the purpose of improving the benefits of the members; and Section 39(1)(b) any income of the Scheme that the Board determines should be set aside to stabilize the returns to members subject to a maximum of ten per cent of such income with consideration to the Income Tax Act, (Cap. 470) or regulations made thereunder. Section 39(2) Money shall not be drawn out of the reserve account except as directed by the Board for the purposes provided for under subsection (1). Section 39(3) Any monies determined to be income of the reserve account shall be treated as income forming part of the general income of the Scheme.

Section 39Verify source

§ 40FINANCIAL PROVISIONS - 40. Annual estimatesCommencement

The Board must prepare estimates of the Scheme's revenue and expenditure before each financial year and must approve those annual estimates before the year starts; Scheme expenditure may only be incurred in accordance with the Board‑approved estimates.

Section 40. Annual estimates Section 40(1) Before the commencement of each financial year, the Board shall cause to be prepared estimates of the revenue and expenditure of the Scheme for that year. Section 40(2)(a) payment of the salaries, allowances, and other charges in respect of the employee of the Scheme; Section 40(2)(b) payment of benefits and other charges which are payable out of the funds of the Scheme; Section 40(2)(c) funding of the registration, monitoring and evaluation activities of the Scheme; Section 40(2)(d) maintenance of the buildings and grounds of the Scheme; Section 40(2)(e) funding of training, research and development of activities of the Scheme; Section 40(2)(f) reserve funds to meet future or contingent liabilities in relation to retirement benefits, insurance or replacement of buildings or equipment; and Section 40(2)(g) such other matters as the Board may consider necessary. Section 40(3) The annual estimates shall be approved by the Board before the commencement of the financial year to which they relate. Section 40(4) Expenditure of the Scheme shall not be incurred except in accordance with the annual estimates approved by the Board.

Section 40Verify source

§ 41FINANCIAL PROVISIONS - 41. Accounts and audit.Provision

The Board must cause proper books and records of accounts of the income, expenditure, assets and liabilities to be kept.

Section 41. Accounts and audit. Section 41(1) The Board shall cause to be kept proper books and records of accounts of the income, expenditure, assets and liabilities. Section 41(2)(a) balance sheet showing in detail the assets and liabilities of the Scheme as at the end of the financial year. Section 41(2)(b) a statement of the income and expenditure of the Scheme during that year; and Section 41(2)(c) such other statements as may be required by the Authority. Section 41(3) The annual accounts of the Scheme shall be prepared, audited and reported upon in accordance with the Retirement Benefit Act and other relevant laws.

Section 41Verify source

§ 42FINANCIAL PROVISIONS - 42. Financial yearProvision

The financial year of the Scheme is the twelve-month period ending on 30 June each year.

Section 42. Financial year Section The financial year of the Scheme shall be the period of twelve months ending on the thirtieth June in each year.

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§ 43FINANCIAL PROVISIONS - 43. Annual distribution of profits.Provision

Annual investment income of the Scheme, after deduction of expenses and any Board‑approved reserve appropriation, must be credited pro‑rata to members' accounts.

Section 43. Annual distribution of profits. Section The annual investment income earned by the Scheme shall after deduction of all expenses and costs properly paid out of the Scheme and any appropriation to a reserve account approved by the Board be credited to members' accounts on a pro-rata basis.

Section 43Verify source

§ 44FINANCIAL PROVISIONS - 44. Actuarial review of the Scheme.Provision

An actuary appointed by the Board must review the Scheme, prepare a report and submit it to the Board; the Board must consider recommendations within six months and may take recommended actions.

Section 44. Actuarial review of the Scheme. Section 44(1) The scheme shall be reviewed by an actuary appointed by the Board as provided for in the Retirement Benefits Act. Section 44(2)(a) prepare a report on the state of the Scheme; and Section 44(2)(b) recommend any necessary action to be taken. Section 44(3) The actuary shall submit the report prepared under subsection (2) to the Board within the stipulated time in the instrument of appointment. Section 44(4) The Board shall, within six months of the receipt of such report, consider any recommendations made by the Actuary and in so doing, may take any action recommended by the actuary.

Section 44Verify source

Part V

MISCELLANEOUS PROVISIONS

§ 45MISCELLANEOUS PROVISIONS - 45. Conflict with other written lawProvision

If there is a conflict between this Act and the Retirement Benefits Act, the provisions of the Retirement Benefits Act prevail.

Section 45. Conflict with other written law Section Where there is a conflict between the provisions of this Act and the provisions of the Retirement Benefits Act, the provisions of the Retirement Benefits Act shall prevail.

Section 45Verify source

§ 46MISCELLANEOUS PROVISIONS - 46. Duty of careProvision

Duties require ensuring the Scheme is managed according to applicable law and taking reasonable care that management and safekeeping of Scheme assets are in members' best interests; report to the Board and the Authority about occurrences that could affect member account rights and late sponsor remittances over ten days.

Section 46. Duty of care Section 46(1)(a) ensure that the Scheme is at all times managed in accordance with the provisions of this Act, the Retirement Benefits Act and any other applicable law; and Section 46(1)(b) take reasonable care to ensure that the management of the Scheme or safe keeping of the assets of the Scheme is carried out in the best interests of the members of the Scheme. Section 46(2)(a) report to the Board and the Authority, as soon as reasonably practicable, any unusual occurrence with respect to the Scheme which in their view could adversely affect the rights of the owner of a member's account under the Scheme; and Section 46(2)(b) report to the Board and the Authority, as soon as is reasonably practicable, if a sponsor has not remitted the required contribution and such remittance remains due for more than ten days.

Section 46Verify source

§ 47MISCELLANEOUS PROVISIONS - 47. Protection from personal liabilityProvision

Members of the Board and employees of the Scheme are protected from personal liability for acts or omissions done in good faith to carry out this Act or any other law.

Section 47. Protection from personal liability Section No action or omission by any member of the Board, or employee of the Scheme shall, if the act was done in good faith for the purpose of carrying out the provisions of this Act or any other law, subject the person to any liability, action, claim or demand.

Section 47Verify source

§ 48MISCELLANEOUS PROVISIONS - 48. OffencesOffence

Section 48 creates offences including wilful failure to remit contributions, knowingly giving false information, and, for Trustees or employees, wilfully misappropriating scheme assets; conviction for the misappropriation offence requires refund to the scheme of three times the loss in addition to any fine.

Section 48. Offences Section 48(1)(a) wilfully fails to remit contributions to the Scheme as required; Section 48(1)(b) knowingly gives false information to the Scheme; or Section 48(1)(c) being a Trustee or employee of the Scheme, wilfully misappropriates the assets of the Scheme, Section 48(2)(a) a director, general manager, secretary of the company or other similar officer of the body corporate; or Section 48(2)(b) purporting to act in any such capacity as provided in paragraph (a), Section 48(3) A person who is convicted of an offence under subsection (1)(c) shall, in addition to any fine that may be imposed, refund to the scheme three times the value of any loss that may be incurred by the scheme by reason of the commission of the offence.

Section 48Verify source

§ 49MISCELLANEOUS PROVISIONS - 49. Proceedings for recovery of deductions from sponsorsOffence

If a sponsor deducts a member's contribution but does not remit it within 15 days, the Scheme must (after at least 7 days' notice) start recovery proceedings; the sponsor must pay the deducted sum within seven days of notice; failure to comply is an offence with fines or imprisonment and continuing offences attract a daily fine.

Section 49. Proceedings for recovery of deductions from sponsors Section 49(1) Notwithstanding the provision of section 26 , where a sponsor, having made deduction from a member's emoluments for remittance to the Scheme, fails to remit the contribution within fifteen days of the deduction, the Scheme shall, after giving such sponsor not less than seven days' notice, institute proceedings for the recovery of the deduction. Section 49(2)(a) require the sponsor to pay the sum deducted to the Scheme within seven days of the notice; and Section 49(2)(b) inform the sponsor that if he fails to pay such sum before the expiration of the notice, proceedings for summary recovery of the sum shall be filed in court without further reference to him. Section 49(3) Any sum which is the subject of proceedings of summary recovery under this section shall attract a compound interest at the rate of three per cent per month. Section 49(4) Without prejudice to any proceedings instituted under the provisions of this section, a person who refuses or fails to comply with a notice given to him or her under subsection (1) commits an offence and shall be liable on conviction to a fine not exceeding five million shillings, or in the case of a natural person, to imprisonment for a term not exceeding two years, or to both. Section 49(5) Where an offence under subsection (4) is a continuing offence, the person convicted shall, in addition to the penalty prescribed in that subsection be liable to a further fine of one thousand shillings for every day or part thereof during which the offence continues.

Section 49Verify source

§ 50MISCELLANEOUS PROVISIONS - 50. General penaltyOffence

A person who contravenes any provision of this Act that is expressly stated to be an offence, and for which no other penalty is prescribed, is subject to a general penalty.

Section 50. General penalty Section contravenes any provision of this Act which is expressly stated to be an offence but for which no other penalty is prescribed; or

Section 50Verify source

§ 51MISCELLANEOUS PROVISIONS - 51. RegulationsProvision

The Cabinet Secretary may make regulations, in consultation with the Board, to carry the Act's provisions into effect.

Section 51. Regulations Section The Cabinet Secretary may, in consultation with the Board, make regulations generally for the better carrying into effect the provisions of this Act.

Section 51Verify source

§ 52MISCELLANEOUS PROVISIONS - 52. Repeal and revocationRepeal

Section 52 repeals the Local Authorities Provident Fund Act and revokes the specified Pension Trust Rules and the Laptrust (Umbrella) Retirement Fund Trust Deed and Rules.

Section 52. Repeal and revocation Section 52(1) The Local Authorities Provident Fund Act (Cap. 272). Section 52(2) The Local Authorities Pensions Trust Rules, (L.N. 50 of 2007) are revoked. Section 52(3) The Laptrust (Umbrella) Retirement Fund Trust Deed and Rules registered under the Retirement Benefits Act are revoked.

Section 52Verify source

Part VI

SAVINGS AND TRANSITION

§ 53SAVINGS AND TRANSITION - 53. Extent of exemption from other statutory schemesProvision

Sponsors and members of the Scheme may be exempt from making Tier I contributions to the National Social Security Fund.

Section 53. Extent of exemption from other statutory schemes Section The sponsors and members of the Scheme may be exempt from making Tier I 1 contributions to the National Social Security Fund.

Section 53Verify source

§ 54SAVINGS AND TRANSITION - 54. National government employees transferred to county governmentsCommencement

Certain eligible employees may transfer their prior contributory pension scheme contributions to the Fund, subject to Regulations made by the Cabinet Secretary.

Section 54. National government employees transferred to county governments Section 54(1) Eligible employees to whom this Act applies and who, prior to the commencement date, were members of a contributory pension scheme may, subject to the Regulations made by the Cabinet Secretary, transfer any such contributions to the Fund. Section 54(2) Eligible employees to whom this Act applies and who join a sponsor on or after the commencement date and were members of a contributory pension scheme may, subject to the Regulations made by the Cabinet Secretary, transfer any such contributions to the Fund. Section 54(3) A person who, at the commencement date, is an employee of the national government and whose remaining period of service is five years or less, is not eligible to join the Scheme and shall have his or her pension paid out under the provisions of the Pensions Act (Cap. 189) and the Widows and Children Pensions Act, or any other relevant legislation. Section 54(4) A person who was an employee of a local authority and was a member of the Local Authorities Pensions Trust and whose remaining period of service is five years or less, is not eligible to join the Scheme and shall have his or her pension paid in accordance with the provisions of the Local Authorities Pensions Trust Rules, (L.N. 50 of 2007) or any other relevant legislation. Section 54(5) Eligible employees to whom this Act applies and who, prior to the commencement date, were employees of the national government shall have their Pension paid out under the Pensions Act (Cap. 189) and the Widows and Children Pensions Act (Cap. 189) for the period they served in the national government. Section 54(6) Eligible employees to whom this Act applies and who prior to its commencement date were employee of the local authorities and who are eligible for benefits under a defined benefits scheme shall have their prior pension benefits paid out of the closed funds, as the case may be, for the period they served the local authorities.

Section 54Verify source

§ 55SAVINGS AND TRANSITION - 55. Transition of closed funds to the SchemeCommencement

Members of the Local Authorities Provident Fund and the Laptrust (Umbrella) Retirement Fund shall be transitioned into the Scheme.

Section 55. Transition of closed funds to the Scheme Section 55(1) The members of the Local Authorities Provident Fund and the Laptrust (Umbrella) Retirement Fund shall be transitioned into the Scheme. Section 55(2) The funds, assets and other property, movable and immovable which immediately before the commencement date were held by or on behalf of the Local Authorities Provident Fund and the Laptrust (Umbrella) Retirement Fund shall vest in the Scheme. Section 55(3) All the records of the Local Authorities Provident Fund and the Laptrust (Umbrella) Retirement Fund shall be transferred to the Scheme administrator. Section 55(4) All rights, liabilities and duties whether arising under any written law or otherwise, which immediately before the commencement date were accruing, imposed or enforceable by or against the Local Authorities Provident Fund and the Laptrust (Umbrella) Retirement Fund shall vest in, be imposed on, or be enforceable against the Scheme. Section 55(5) Any suit or legal proceedings by or against the Local Authorities Provident Fund and the Laptrust (Umbrella) Retirement Fund shall continue as if they were instituted by the Scheme or against and no such suit, action or legal proceedings shall abate or be terminated by the virtue of the transition of the schemes. Section 55(6) Subject to section 40 , the annual estimates approved for the Local Authorities Provident Fund and the Laptrust (Umbrella) Retirement Fund for the financial year in which this Act comes into operation shall be considered to be the annual estimates of the Scheme for the remainder of that financial year but those estimates may be varied by the Cabinet Secretary. Section 55(7)(a) assets acquired by the schemes; Section 55(7)(b) liabilities accrued by the schemes; and Section 55(7)(c) employees of the schemes. Section 55(8) The Auditor General shall submit a report on the findings of the audit and valuation to the Board, the Senate and the National Assembly within three months of carrying out of the audit under subsection (7).

Section 55Verify source

§ 56SAVINGS AND TRANSITION - 56. Local Authorities Provident Fund and the Local Authorities Pensions Trust FundCommencement

Section 56 deems certain former members of Local Authorities funds to be members of the Scheme, keeps specified closed funds closed to new entrants while preserving accrued rights, requires those closed funds to pay pensions and benefits for up to five years, assigns scheme staff to provide administration (subject to suitability), and tasks the Retirement Benefits Authority to implement the section within five years.

Section 56. Local Authorities Provident Fund and the Local Authorities Pensions Trust Fund Section 56(1) An eligible employee of a sponsor who, immediately before the commencement date was a member of the Local Authorities Provident Fund or the Local Authorities Pensions Trust Fund shall, upon the commencement of this Act, be deemed to be a member of the Scheme. Section 56(2) The Local Authorities Provident Fund, the Local Authorities Pension Trust, the Local Authorities Pension Trust (Defined Benefits) Scheme and the Local Authorities Pension Trust (Umbrella) Retirement Fund shall, on the commencement date remain closed Funds to new entrants and shall ensure the preservation of all accrued rights of members. Section 56(3) Subject to subsection (2), the closed funds shall continue paying any pensions and benefits as and when they fall due for a maximum period of five years from the commencement date. Section 56(4) The provisions of section 55 shall apply to any pension and benefits which shall not have been paid out of the closed Funds at the end of the fifth year from the date of commencement date. Section 56(5) The staff of the existing schemes engaged in the administration of the existing schemes shall, upon the commencement of this Act, and subject to any suitability test conducted by the Board of Trustees, provide administration services to the Scheme and the existing schemes. Section 56(6) The Retirement Benefits Authority shall, within five years from the commencement of this Act, ensure the implementation of this section.

Section 56Verify source

§ 57SAVINGS AND TRANSITION - 57. New employeesProvision

Section 57(1) deems eligible permanent and pensionable employees who joined after the first general elections to be members of the Scheme from their date of employment; Section 57(2) allows eligible contractual employees, with sponsor agreement, to opt into the Scheme in lieu of gratuity for their contract term subject to contribution rules in section 24.

Section 57. New employees Section 57(1) Subject to section 54 any eligible employee who joined the service of a sponsor on permanent and pensionable terms after the first general elections under the Constitution shall be deemed to be a member of the Scheme with effect from the date of employment. Section 57(2) Eligible employees of a Sponsor who are employed on contractual terms may opt, upon agreement with the Sponsor, to join the Scheme in lieu of gratuity for the duration of their contract term provided that the extent of contribution in such case shall be in line with section 24 of this Act.

Section 57Verify source

§ 58SAVINGS AND TRANSITION - 58. Date of transitionCommencement

Sections 52 and 55 come into effect at the end of five years from the commencement date.

Section 58. Date of transition Section The provisions of sections 52 and 55 shall come into effect at the end of five years from the commencement date.

Section 58Verify source

§ 59SAVINGS AND TRANSITION - 59. Amendment of section 132 of No. 17 of 2012Amendment

Deletes section 132 of the County Governments Act (No. 17 of 2012).

Section 59. Amendment of section 132 of No. 17 of 2012 Section The County Governments Act is amended by deleting section 132.

Section 59Verify source

Legislative relationships

11 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

3 instruments

Act. Section 3 lists the Act
Section 3
and revocation Section 52 repeals the Local Authorities Provident Fund Act
Section 52
Board The Board must formulate policies relating to the Scheme in accordance with the Retirement Benefits Act
Section 13

N–S

7 instruments

No. 17 of 2012 Deletes section 132 of the County Governments Act
Section 59
Pensions Act
Section 54
Retirement Benefits Act
Section 45
Scheme are protected from personal liability for acts or omissions done in good faith to carry out this Act
Section 47
Scheme as may be defined in the Regulations
Section 18
Scheme Section 22(1)(a) receive the contributions remitted by the sponsors and members under this Act
Section 22
Scheme under this Act
Section 14

T–Z

1 instrument

Trustees The Trustees are to be paid remuneration determined by the Authority under the Retirement Benefits Act
Section 16

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