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Tanzania Act or statute

Parliament of Tanzania

The GEPF Retirement Benefits Fund Act, 2013

This Act applies in Mainland Tanzania to people in the informal, formal, or employed sector and to self-employed people, except those registered or insured under another mandatory social security scheme.…

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Jurisdiction
Tanzania
Structure
58 provisions
Citation
The GEPF Retirement Benefits Fund Act, 2013
Dates
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01

Purpose and legislative effect

“This Act applies in Mainland Tanzania to people in the informal, formal, or employed sector and to self-employed people, except those registered or insured under another mandatory social security scheme.”

This Act applies in Mainland Tanzania to people in the informal, formal, or employed sector and to self-employed people, except those registered or insured under another mandatory social security scheme. This section defines terms used in the Act, including who counts as an employee, employer, beneficiary, and what various Fund-related terms mean. A retirement benefits fund called the GEPF Retirement Benefits Fund is established, and certain money is to be paid into it; the fund is also described as an agent of Government. The Fund must act as Government’s agent for paying terminal benefits to retirees, keep Treasury contributions for those retirees, and make an agency agreement with the Government. The Government must pay the Fund an agreed agency fee and initial costs, and remit gratuity funds in advance on a quarterly or monthly basis. The Board may establish supplementary schemes and may manage supplementary schemes set up by an employer or employee who is an insured person, kept under a separate account.

02

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3

This Act applies in Mainland Tanzania to people in the informal, formal, or employed sector and to self-employed people, except those registered or insured under another mandatory social security scheme.

Section 2

17

The Board may appoint staff for the Fund, and the staff work under the Director General’s immediate supervision and under internal rules set by the Board.

Section 16

Rights to benefits

A member who disputes a benefit calculation may ask the Board to review it in writing within six months of the Director General’s decision, and a member may appeal the Board’s decision to the Authority.

Section 33

48

Employers must notify the Fund in writing before an employee retires, and the Fund must pay retirement benefits within 60 days after notification.

Section 47

14

The Board may regulate its proceedings, subject to this Schedule.

Section 13

04

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Showing 58 of 58 provisions

Provision 47Offence 4Commencement 3Short title 2

Part

PART I

§ 23Interpretation

This Act applies in Mainland Tanzania to people in the informal, formal, or employed sector and to self-employed people, except those registered or insured under another mandatory social security scheme.

2. This Act shall apply in Mainland Tanzania in relation to a person who is - 5 No. 8 GEPF Retirement Benefits Fund 2013 (a) (b) in the informal formal or employed sector; and self-employed, but does not include a person who is registered or insured by a mandatory scheme established under any other written law relating to social security. Interpretation
Section 2Verify source
§ 3Short title and commencementShort title

This section defines terms used in the Act, including who counts as an employee, employer, beneficiary, and what various Fund-related terms mean.

3. In this Act, unless the context otherwise requires: “Accounting Officer” means the person charged with the duty of accounting for any service in respect o f is which money have been appropriated, and responsible and resources of an entity; overseeing operations for “actuarial report” means a valuation report prepared by an actuary under this Act; “actuarial valuation” means valuation of the assets and liabilities of a scheme made by an actuary: “actuary” means a person who is an expert in the science rates o f o f calculation o f insurance risk and premiums and contributions” ; “administrative expenses” means all costs incidental or in relation to registration o f members, collection of contributions, disbursement o f members’ benefits, investment, or management”; “Authority” means the Social Security Regulatory Authority established under the Social Security (Regulatory Authority) Act; decision-making processes C ap. 135 C ap. 197 “ Bank” means the Bank o f Tanzania established under the Bank of Tanzania Act: 6 No. 8 G EPF Retirement Benefits Fund 2013 ‘‘beneficiary” means a person entitled to receive benefits under the Act; “ Board” means the Board of Trustees o f the Fund established under section 8 of the Act; “contribution” means a contribution to the Fund made in terms o f the Act; “contributing /employer” means an employer who is under an obligation to make contributions for his employees to the Fund in terms of the Act; “ Director General” means the Director General o f the Fund appointed under section 15 o f the Act; “employee” means an individual who- (a) has entered into a contract of employment; or (b) has entered into any other contract under which: (i) (ii) the individual undertakes to work personally for the other party to the contract; and the other party is not a client or customer of any profession, business, the or undertaking carried on by individual; or (c) (d) is deemed to be an employee by the Minister under section 98(3) of the Employment and Labour Relations Act; or is deemed to be an employee in accordance with section 61 of the Labour Institutions Act. C ap .366 C ap. 300 7 No. 8 G EPF Retirement Benefits Fund 2013 “employer” has the meaning ascribed to it under the Employment and Labour Relations Act; “employer’s contribution” means the prescribed per centum o f the employee’s monthly salary paid to the Fund by employer in favour of the employee; “ financial year” means the period o f twelve months ending on the 30Ih June of each year; “ formal sector” means the sector which includes employer and employees who have entered into a contract o f employment or apprenticeship or any other contract contemplated in the definition of the term “employee”; “ Fund” means the GEPF Retirement Benefits Fund established under section 4; “government employee” means any employee in the service o f government; “ informal sector” means the sector which includes workers who work informally and who do not work in terms of an employment contract or any other contract contemplated in the definition of the term ‘employee’; “mandatory scheme” means a compulsory scheme established by the law and guaranteed by the Government to provide social security benefit to employees; “ Medical Board” means the Board appointed by the Minister responsible for health matters for the purpose of determining medical issues under this Act; “member o f the Fund” means a member of the Fund in accordance with the provision of the Act, but include a member appointed under shall not section 9 and the Schedule to the Act; “member’s contribution” means the prescribed per centum o f the members’s monthly contribution which is paid to the Fund; “ Minister” means the Minister responsible for Finance; 8 No. 8 G EPF Retirement Benefits Fund 2013 “ Register” means the Register o f members established under section 17; “pensionable emoluments” means salary or earnings used in deduction of contributions which shall be taken into account in computing pensions, gratuities or other benefits under this Act” ; “Reserve Account” means account reserve the established by the Board under section 45; “salary” means gross salary of the member payable to an employee in consideration o f the service rendered under the contract of service or apprenticeship or any other form o f office of call, excluding bonus, commission, cost of living allowance, overtime payment, directors fee or any other additional emolument; “self employed” means a person who does not work in terms or apprenticeship or any other contract contemplated in the definition o f the term “employee” ; employment contract o f o f C ap. 135 “ Social Security Scheme” has the meaning as ascribed the Social Security (Regulatory Authority) in Act; “specified amount” means an amount equal to one five hundred and eightieth of the member’s annual pensionable emoluments for each completed month o f his pensionable service or contribution periods”; “supplementary scheme” means a scheme established by the Board in terms o f section 6; “trade union” means a employees; registered organization of “trustee” means a member o f the Board o f the Trustees and includes the Chairman. 9 No. 8 GEPF Retirement Benefits Fund 2013 ESTABLISHMENT AND ADMINISTRATION OF THE FUND PART II E stablishm ent o f the Fund
Section 3Verify source

Part

PART II

§ 45Provision

A retirement benefits fund called the GEPF Retirement Benefits Fund is established, and certain money is to be paid into it; the fund is also described as an agent of Government.

4.- There is established a Retirement Benefits Fund to be known as the GEPF Retirement Benefits Fund into which shall be paid - (a) all contributions required to be made under this Act; (b) money earned or derived out o f any project, scheme or enterprise financed by the Fund; (c) money any earned property, from investments, mortgages, charges acquired by or vested in the Fund; all other sums which may legally become payable to the Fund; all property which may legally be vested in the Board. (d) (e) T he Fund to be an agent o f G o vernm ent
Section 4Verify source
§ 56Provision

The Fund must act as Government’s agent for paying terminal benefits to retirees, keep Treasury contributions for those retirees, and make an agency agreement with the Government. The Government must pay the Fund an agreed agency fee and initial costs, and remit gratuity funds in advance on a quarterly or monthly basis.

5.-(l) The Fund shall be an agent of the Government for the purpose of payment o f terminal benefits to retirees. (2) The retiree under this provision shall include- (a) members of the Police Force and Prison Service who have not contributed to the Fund prior to the month of July, 1999 and whose gratuities ought to be paid by the Treasury; teachers employed under the contract of services after retirement; (b) (c) members of Commissioners Commissioners; and Parliament, and Regional District 10 No. 8 G EPF Retirement Benefits Fund 2013 (d) other Government employees who may be categorized as such. shall (3) The Fund receive and keep contributions from the Treasury for retirees referred to in subsection (2). (4) The Fund shall enter into an agency agreement with the Government which shall stipulate out and modalities procedures responsibilities of an agent and the Government carrying for (5) The Government shall- (a) pay to the Fund an agency fee and initial costs at a rate o f amount to be agreed upon the the between Government; and Fund and (b) quarterly or monthly in advance, remit to the Fund such funds that would be paid out as gratuities for the retirees or their beneficiaries. E stablishm ent o f su p plem entary schem es C ap. 135 M anagem ent of the Fund
Section 5Verify source
§ 67Provision

The Board may establish supplementary schemes and may manage supplementary schemes set up by an employer or employee who is an insured person, kept under a separate account.

6.-(l) Notwithstanding the provisions o f section 4, the Board may establish supplementary schemes in accordance with provisions of the Social Security (Regulatory Authority) Act. (2) The Board may manage supplementary schemes established by the employer or employee who is an insured person under separate account.
Section 6Verify source
§ 78Provision

The Board manages the Fund and must send annual or requested reports to the Authority.

7.-(l) The Board shall be responsible for the management and administration of in accordance with the provisions of this Act the Social Security Regulatory Authority Act and relevant regulations. the Fund (2) The Board shall, on annual basis or at such times as the Authority may require, submit to the Authority financial reports and other reports on the activities of the Fund. (3) to under Financial referred reports subsection (2) shall contain- 11 No. 8 G EPF Retirement Benefits Fund 2013 (a) financial position o f the Fund; (b) statement o f cash flow; (4) The Board may, other than the report to under subsection (3), submit to referred the relevant authority such other information as may be required by such authority. E stablishm ent o f the B oard
Section 7Verify source
§ 89Provision

The section establishes the Board of Trustees of the Fund and gives the Board corporate status and powers.

8.-(l) There is established a Board to be known as the Board of Trustees of the Fund. (2) The Board shall be a body corporate with perpetual succession and a common seal and shall, in its corporate name, be capable of- (a) suing and being sued; (b) purchasing acquiring, otherwise or A ppoin tm ent and com position o f the B oard holding, charging or; (c) disposing o f its movable and immovable property; (d) borrowing and lending; (e) entering into contract; and (f) performing such other functions which may be lawfully performed by a body corporate.
Section 8Verify source
§ 910Provision

The Board must have specified members, the Director General serves as secretary, and appointments must follow prescribed qualifications and consider gender representation.

9.-(l) The Board shall consist o f the following members- (a) the chairman who shall be appointed by the the Minister President upon advice by responsible for Finance; and (b) nine other members who shall be appointed by the Minister as follows: representive o f (i) a Finance; the Ministry of (ii) a State Attorney o f a rank o f senior or the Office o f representing above Attorney General; 12 No. 8 G EPF Retirement Benefits Fund 2013 (iii) (iv) (v) (vi) o f employees representives a representative o f the most representative employers organisation; a organisation; two representatives representing self employed members and informal possess knowledge and sector who experience in social security matters; two representative from members of the Fund who are not belonging to any employees organisation. (2) The Director General shall be secretary to the Board. C ap. 135 (3) The selection o f persons for the appointment under section 9 (l)(b) shall for observe all qualifications the Authority: requirements by prescribed the as Provided requirement shall gender representation. that, take the presecribed into consideration 13 No. 8 G EPF Retirement Benefits Fund 2013 P roceedings o f the B oard Functions o f the B oard
Section 9Verify source
§ 1011Amendment

The Schedule applies to the Board’s tenure of office, meetings, and other procedural matters, and the Minister may change the Schedule by Gazette Order except paragraph (1).

10.-(1) The provisions o f the Schedule to this Act shall have effect as to the tenure of office, meetings and other procedural matters of the Board. (2) The Minister may, by Order published in the Gazette amend, vary or replace the provisions of the Schedule except for the provisions o f paragraph ( 1).
Section 10Verify source
§ 1112Provision

The Board is responsible for controlling and managing the Fund.

11.-(l) The Board be responsible for the control and management of the Fund. generally shall (2) Without prejudice to the generality of subsection (1), include to- the functions of the Board shall (a) formulate, the implement and policy relating to the Fund in accordance to the provisions of this Act; review (b) prudently invest the monies available in the Fund; (c) advise the Minister on matters relating to administration of the Act; (d) provide policy guidance and advisory services for the purpose o f promoting social security programs; and (e) do all such acts and to enter into all such transactions, which in the opinion of the Board are necessary for the proper and efficient administration o f the Fund. 14 No. 8 Duties of the Board Committees of the Board Delegation o f powers o f the Board G EPF Retirement Benefits Fund 2013
Section 11Verify source
§ 1213Provision

The Board must manage and administer the Fund, protect members’ affairs, and follow the prescribed Board charter while upholding good governance.

12. It shall be the duty o f the Board- (a) (b) (c) to manage and administer the Fund in accordance with the highest standard which a person holding a fiduciary capacity in any other Fund established by law may reasonably be expected to conform to; protect, safeguard and promote the affairs of the members of the Fund; and in the execution o f its functions, to adhere to the prescribed Board charter and generally uphold the principles of good governance.
Section 12Verify source
§ 1314Provision

The Board must establish committees to help carry out its functions, and those committees must perform specific functions on terms set by the Board.

13.-(1) The Board shall, for the purpose of facilitation of performance of its functions, establish such number o f committees functions relating to management, investments and administration o f the Fund. to perform (2) A committee established under subsection (1) shall perform specific function under such terms and conditions as may be determined by the Board.
Section 13Verify source
§ 1415Provision

The Board may delegate some Act functions in writing under its official seal and with any conditions it chooses, but it cannot delegate functions about the annual budget, supplementary budget, or annual accounts.

14.-(1) The Board may in writing and under its official seal and subject to such terms and conditions as it may specify, delegate to any Committee of the Board, the Director General, or such other officer of the Fund any o f the functions stipulated under this Act. (2) No delegation made under this section shall prevent the Board from performing or exercising the functions delegated. (3) Notwithstanding subsections (1), the Board shall not have powers to delegate any of its functions relating the annual budget, supplementary budget or annual accounts. the approval o f to 15 No. 8 GEPF Retirement Benefits Fund 2013 D irector G eneral
Section 14Verify source
§ 1516Provision

The President appoints a Director General, who serves as the Fund’s accounting officer and chief executive and has specified management duties.

15.-(1) There shall be a Director General appointed by the President. (2) The Director General shall- (a) be Accounting Officer o f the Fund; executive chief the officer and (b) be responsible for overseeing the daily operations o f the Fund; (c) keep in custody such (d) perform the seal of the Fund; and efficient for management of the Fund as the Board may direct. functions A ppointm ent o f s ta ff o f the Fund (3) The Director General shall hold office for a term o f five years and may, subject to satisfactory performance, be eligible for re-appointment.
Section 15Verify source
§ 1617Provision

The Board may appoint staff for the Fund, and the staff work under the Director General’s immediate supervision and under internal rules set by the Board.

16.-(1) The Board may, on such terms and conditions o f service, appoint staff for proper discharge o f the functions of the Fund. (2) The staff o f the Fund shall be under the immediate supervision o f the Director General, and shall be governed by internal rules and procedures as the Board may determine. E stablishm ent o f a R egister
Section 16Verify source
§ 1718Provision

A Register is established, and the Director General must keep records and particulars of Fund members and contributors in it, as prescribed by the Regulations.

17.-(1) There is established a Register in which records and particulars of the Fund shall be kept. (2) The Director General shall keep records and particulars of members of the Fund and contributors to the Fund in the Register in the manner as may be prescribed in the Regulations. Inform ation to m em bers
Section 17Verify source
§ 18Establishment o f the FundProvision

The Director General must provide each member with a statement of contribution at the end of each financial year, and the Fund must hold an Annual General Meeting for stakeholders.

18.-(1) The Director General shall make available to cach member a statement of contribution at the end of each financial year. (2) The Fund shall hold Annual General Meeting for stakeholders reporting the o f members and performance o f the fund.” 16 No. 8 G EPF Retirement Benefits Fund 2013 M em bership to the Fund PART III MEMBERSHIP TO THE FUND
Section 18Verify source

Part

PART III

§ 19Membership to the FundProvision

A person may join the Fund if they are an employee in the formal or informal sector and are not already registered or insured under another social security law.

19.-(1) A person shall be eligible to be a member o f the Fund where such person is an employee in the formal or informal sector and who is not registered by, or insured under any other written law relating to social security. (2) Notwithstanding the provisions o f subsection (D- (a) a in foreigner or expatriate working Tanzania on specific project or duration; or (b) a citizen of Tanzania working outside Tanzania, may contribute to the fund. C essation o f m em bership to the Fund
Section 19Verify source
§ 2021Provision

A Fund member stops being a member on retirement age, medical retirement, termination or resignation, or death. Members aged 55 may choose to retire, and if they do not, they stay members until age 60. Employees whose employment ends before retirement age may keep membership and their account if they keep contributing under an arrangement agreed with the Fund.

20.-(l ) A Member of the Fund shall cease to be a member upon- (a) (b) (c) that the member reaching the prescribed age o f retirement; retirement on medical ground based on to the satisfaction o f the Medical evidence Board incapable by is reason of some infirmity o f mind or body of discharging the duties of his office, trade or occupation; the the member’s services to the employer and the member decides the membership o f the Fund; or termination or resignation o f to withdraw from (d) death o f that member; 17 No. 8 GEPF Retirement Benefits Fund 2013 (2) An employee whose term of employment has expired before reaching retirement age may continue to be a member and maintain his account with the Fund as long as he continues to contribute to the Fund on such arrangement as may be determined between the Fund and the member. 2 1.-(1) The age of voluntary retirement shall be fifty five years. (2) A member who attains the age of fifty five years may at any time thereafter opt to retire, but if he does not so opt he shall continue to be a member until he attains the age of sixty years. R etirem ent aSc (3) Members whose terms of employment prescribe a shorter age of retiremet contrary in to the requirements of subsection (2) shall retire accordance with such prescribed terms. statutory CONTRIBUTIONS AND RATES OF PENSION AND GRATUITY PART IV M em bers contrib utions
Section 20Verify source

Part

PART IV

§ 22Members ContributionsProvision

Employers, members, and self-employed members must make contributions to the Fund, and the Fund may charge a 5% levy for delayed contributions.

22.-(l) A contributing employer shall for every contribution period after the appointed day during which the employer employs a member, pay to the Fund a contribution that consist of the employers’ contribution and the employees’ contribution. (2) Without prejudice to the provisions of this section, a contribution shall be deemed for the purposes o f this Act, to be paid to the Fund on the last day of that month in respect of which any payment of a month’s salary or any part of a month’s salary is made to him, and the Accounting Officer shall deduct the contribution from the salaries of members. (3) Every contribution due under this section shall be paid to the Fund within one month after the end o f the month in which the last day o f the contribution period falls. 18 No. 8 G EPF Retirement Benefits Fund 2013 (4) Every member shall i'or each contribution period, contribute to the Fund an amount equal to a p er centum o f his monthly salary. (5) A member shall contribute to the Fund the sum equivalent to five per centum of monthly salary which shall be deducted by the contributing employer from the insured persons salary and the contributing employer shall contribute to the insured persons the sum equivalent to fifteen per centum of the insured person’s monthly salary or such amount as the Minister may. by order in the Gazette, determine. (6) The employer or employee may opt to contribute a greater rate than that stipulated in sub section (5). except that the rate of the employees’ contribution shall not exceed fifty per cent o f the total contribution. (7) Without prejudice to subsection (5) the self-employed members shall contribute hundred parcentum o f the contributions as prescribed in the Regulations. (8) The Fund shall have the right to impose a levy o f five per centum for any delayed contribution in a manner prescribed in the Regulations. R ecovery o f contributions C ap .33 for Any action
Section 22Verify source
§ 2324Commencement

The Board may start recovery of contributions, and eligible Fund members may be entitled to retirement benefits after 15 years of contributions.

23.-(1) recovery of contributions under section 48 may be instituted by the Board, and where an action is instituted before any court, any officer of the Fund or an advocate appointed by the Fund in that behalf may appear and conduct the proceedings. (2) Every statutory contribution due to the Fund may be recovered by a summary suit under Order XXXV o f the Civil Procedure Code. Where an offence (3) is committed by reasons o f non-payment of statutory contribution, no prosecution shall be commenced without the consent of the Director o f Public Prosecutions. 19 No. 8 Rate o f pension and gratuity G EPF Retirement Benefits Fund 2013 24-(l) Subjcct to the provisions o f this Act, a member of the Fund who shall have had not less than an aggregate o f fifteen years o f contributions may, on retirement, be entitled to, either- (a) a reduced annual pension o f an amount three-fourths o f the specified to equal amount; ; (b) a commuted pension gratuity equal to twelve and one-half times the one forth of the specified amount; or (c) the monthly retirement pension amount to 30 percent of the average monthly salary or earnings of the retiree supplemented by 1.5 percent o f this average monthly salary or earnings twelve months of pension insurance additional to the 180 months to a maximum o f 67.5 percent of the average salary or earnings; and for every (d) a lump sum o f twenty four months pension. (2) A member who has been contributing to the Fund for fifteen years or more shall on retirement be entitled to a pension in accordance with the provision of subsection (1). 20 No. 8 GEPF Retirement Benefits Fund 2013 (3) For purposes of computing the amount of pension or gratuity o f a member under this Act, an average of pensionable emoluments enjoyed by the member within the last thirty six months preceding his retirement shall be used for calculating his pension or gratuity. Protection o f contribution R ights to benefits B enefits payable under the A ct
Section 23Verify source
§ 25Recovery o f contributionsProvision

A member’s credited sum stays property of the Fund until paid out, and a mortgagee may attach part of it if it is tied to a home mortgage.

25. The sum standing to the credit o f a member shall, until such time when it is paid out in accordance with the provisions o f this Act, remain the property o f the Fund and shall not form part o f the assets o f the member in the event o f bankruptcy, or insolvency or be liable for attachment in satisfaction o f debts, unless such sum relates to home mortgage in which case the mortgagee shall have right to attach any portion of contribution which is the subject of collateral. PART V BENEFITS PAYABLE OUT OF THE FUND
Section 25Verify source

Part

PART V

§ 2627Provision

A member is entitled to be paid benefits from the scheme if the qualifying conditions are met.

26. A member shall be entitled to be paid benefits by the scheme provided that he meets the qualifying conditions.
Section 26Verify source
§ 2728Provision

This section lists several benefits payable under the Act and allows the Fund to design other benefits. The Minister must publish an Order in the Gazette declaring when certain benefits become payable and administered.

27.-(l) The following benefits shall be payable under this Act: retirement benefit; (a) survivors benefit; (b) invalidity benefit; (c) funeral grant; (d) (e) death gratuity; (f) (2) education grants. Without prejudice to subsection (1), the Fund may design other benefits. 21 No. 8 G EPF Retirement Benefits Fund 2013 (3) The Minister shall, by Order published in the Gazette, declare the date on which benefits mentioned under sub-section sub (1) (d), (0 and (2) becomes payable and administered. R etirem ent pension Persons not qualified for pension D eath G ratuity and Survivors B enefits
Section 27Verify source
§ 2829Provision

A retirement pension is payable to a person, subject to section 24 and retirement from employment at the prescribed age.

28. Subject to section 24 of this Act, retirement pension shall be payable to any person who regular being an employment in the prescribed age. insured person retires from
Section 28Verify source
§ 2930Provision

A qualifying member who has not completed 15 years of contributions may, on retirement, be awarded a gratuity.

29. Every member, otherwise qualified for a pension, who has not completed a minimum qualifying period of fifteen years of contributions may, on retirement, be awarded a gratuity not exceeding five times o f the specified amount as might have been computed if there had been no qualifying period: Provided that, the payment under this section shall not be less than the aggregate amount of the memebr’s and employer’s contributions to the Fund with interest.
Section 29Verify source
§ 3031Provision

If a member dies before retirement age, the Board must grant a gratuity to the legal representatives. The Director General may also make payments to a survivor if satisfied by required evidence.

30.-(l) Where a member dies before reaching the prescribed retirement age, the Board shall grant to his legal representatives a gratuity of an amount not exceeding either his annual pensionable emoluments or his commuted pension gratuity, if any, whichever is greater. (2) The Director General may, upon satisfaction on the basis o f evidence as may be required, make payments to a survivor in accordance with the procedures prescribed in the regulations and the statutory provisions relating to administration of deceased estate. 22 No. 8 Invalidity benefit Calculation of benefits payable R eview o f calculation o f benefit C ap 135 Sources o f funds G EPF Retirement Benefits Fund 2013
Section 30Verify source
§ 3132Provision

An insured person who is physically or mentally disabled and therefore unemployable is payable an invalidity benefit under this section.

31.-(1) An invalidity benefit granted under this section shall be payable to an insured person who is physically or mentally disabled as to make such person unemployable. (2) The qualifying condition and procedure for administration o f benefit under this section shall be as prescribed in the Regulations.
Section 31Verify source
§ 3233Provision

The Director General must calculate and pay a member’s benefits.

32. The Director General shall calculate and pay out the benefits o f a member, and the procedure for payment o f the benefits shall be as prescribed in the Regulations.
Section 32Verify source
§ 33Rights to benefitsProvision

A member who disputes a benefit calculation may ask the Board to review it in writing within six months of the Director General’s decision, and a member may appeal the Board’s decision to the Authority.

33.-(l) Any member who is aggrieved by the calculation of benefit under section 32 may, within six months of the decision of the Director General, apply in writing to the Board for review. (2) The Board shall consider and determine the application under subsection (1) in the manner prescribed in the Regulations. (3) A member aggrieved by the decision of the Board may appeal to the Authority in the manner prescribed under the Social Security (Regulatory Authority) Act. PART VI FINANCIAL PROVISIONS
Section 33Verify source

Part

PART VI

§ 3435. Annual budget estimatesProvision

The provision lists the possible sources of money for the Fund.

34. The sources o f funds shall include- (a) members contributions; (b) (c) money accrued from investments; (d) employers contributions; such sums as may be appropriated by the Parliament for the purpose o f the Fund; 23 No. 8 G EPF Retirement Benefits Fund 2013 (e) in any sums borrowed by the Board accordance with the provisions o f the Act; (f) monies accrued grants from and A nnual budget estim ates (g) donations; and such sum as may in any manner become payable to or vested in the Fund.
Section 34Verify source
§ 35Annual budget estimatesCommencement

The Director General must prepare annual revenue and expenditure estimates before each financial year, and the Board must consider and adopt them. Spending must stay within the approved budget or supplementary estimates, and annual administrative expenses cannot exceed 15% of the Fund’s total income.

35.-(l) Director General shall, before the commencement of any financial year, prepare or cause to be prepared for the consideration of the Board estimates o f the revenue and expenditure o f the Fund for the ensuing financial year. (2) The Board shall after receiving the estimates report under subsection (1), consider and adopt the estimates subject to such modifications and amendments as the Board may consider appropriate. (3) The annual budget estimates shall contain provisions for all the estimated expenditure during the ensuing financial year and in particular- (a) for payment o f benefits to members: (b) for payment of salaries, allowances and other expenses in respect o f the Board, Committees o f the Board and the staff of the Fund; for construction payment improvement of, maintenance and replacement o f any building or other immovable properties o f the Fund; (c) o f (d) for the proper maintenance and replacement furniture, equipment and other supplies o f the Fund; the of (e) for creation o f such reserve funds to meet future contingency liabilities as the Board may think fit. 24 No. 8 G EPF Retirement Benefits Fund 2013 (4) Expenditures shall not be incurred for purposes o f the Fund except in accordance with the provisions o f the annual budget estimates or any supplementary estimates adopted by the Board. (5) Annual administrative expenses of the Fund shall not exceed fifteen percent o f the total income o f the Fund. (6) A copy o f annual estimates shall, after the Boards’ adoption be forwarded to the Minister. (7) A budget approved by the Board shall be the the the approved budget or the Fund, and shall warrant items and binding upon disbursement of funds within amounts contained supplementary. the in (8) Notwithstanding subsection (7)- (a) the Board may- (i) transfer a sum from the amount of expenditure provided for any capital budget in respect of any item, to any other item contained in the recurrent budget and vice versa; or (ii) adjust expenditure o f to limits circumstances take account not reasonably foreseeable at the time the budget was prepared, subject to submitting a supplementary budget to the Board within two months of such alteration o f expenditure, and (b ) the Director General may make reallocation o f the funds Director General may make reallocation o f funds from one budget item to another within the appropriate administrative or capital expenditure. from one 25 No. 8 A ccounts and A udit G EPF Retirement Benefits Fund 2013
Section 35Verify source
§ 36Accounts and AuditProvision

The Fund’s accounts must be audited, the Board must send the audited accounts and auditor’s report to specified recipients, and the Minister must table a report in the National Assembly.

36.-(l) The accounts of the Fund shall be audited by the Controller and Auditor-General or any other auditing firm approved by the Controller and Auditor-General. (2) The accounts o f the Fund shall, within three months after the close o f each financial year, be submitted for auditing. (3) Every audited Financial statement shall be for the meeting of the Board placed before endorsement and adoption. (4) The Board shall as soon as the accounts of the Fund have been audited and in any case not later than six months after the close of the financial year, submit a copy a of the audited statement o f the accounts together with a copy o f the report made by the auditor on the statements of the accounts to the Minister, Authority and the Bank (5) The Minister shall, upon receipt o f the report referred under subsection (4), lay before the National Assembly a report containing - (a) (b) a copy of the audited accounts of the Fund; the a copy o f the activities o f the Fund in the preceding financial year. regarding report E xem ption from tax
Section 36Verify source
§ 3738. Actuarial ReportProvision

Some Fund-related documents are exempt from stamp duty, VAT, income tax, and corporate tax, but the section does not remove stamp duty liability for powers of attorney or other documents still liable under the Stamp Duty Act.

37.-(l) Stamp duty and value added tax shall not be payable on any receipt, contract instrument or other document given or executed by the Board on behalf o f the Fund or by any person in respect of benefits or refunds o f contributions under this Act. 26 No. 8 G EPF Retirement Benefits Fund 2013 Cap. 189 A ctuarial report (2) Notwithstanding subsection (1), nothing in this section shall be construed to exempt any person from liability to pay stamp duty on any power of attorney or any document otherwise liable under the Stamp Duty Act. (3) Income tax on contributions and benefits payable under the scheme or corporate tax or any other tax which would have otherwise been levied on the Fund shall not be levied on the Fund.
Section 37Verify source
§ 38Actuarial ReportProvision

The Board must have the Fund’s assets and liabilities evaluated by an actuary every three years, or at another interval the Authority directs.

38.-(l) The Board shall, at intervals of three years or at any other intervals as the Authority may direct, cause the assets and liabilities o f the Fund to be evaluated by an actuary. (2) Notwithstanding subsection (1), the Board may, owing to the nature and circumstances of the business of the Fund, request to the Authority for the waiver of the requirement under subsection ( 1). (3) A report o f the evaluation shall be submitted to the Authority and the Minister. (4) Upon receipt of the report, the Authority may direct the Fund to take measures as may be necessary to rectify an anomaly revealed in the report. Investm ent o f the m onies o f the Fund
Section 38Verify source
§ 3940. Bank Accounts o f the FundOffence

The Board may invest the Fund’s money in a viable economic venture, and it must consider financial, economic, and commercial viability. If an investment breaches the rule, involved Fund officers may be personally fined, and the Bank may intervene.

39.-(l) The Board may, invest monies o f to the Fund, in any viable economic venture it considers appropriate, and the investment shall be done by the Board having regard to its financial and economic viability. 27 No. 8 G EPF Retirement Benefits Fund 2013 C ap. 135 C ap. 135 Bank Accounts o f the Fund Power to borrow in considering (2) The Board shall, the appropriateness o f the venture for investment, take into account the economic and commercial viability of that venture and guidelines as may be issued under the Social Security (Regulatory Authority) Act. (3) Where an investment is made in breach of subsection (1), each member of the Board of Trustees, director, manager or any officer o f the Fund taking part o f the decision to invest shall be personally liable to a penalty of fine as prescribed under Social Security (Regulatory Authority) Act. (4) Notwithstanding the penalty imposed under subsection (3) the Bank shall have power to- (a) regulate the Fund to comply with the investment procedure; (b) discontinue the investment; or (c) take any other measure appropriate. it consider as
Section 39Verify source

Part

part o f the decision to invest shall be personally liable

§ 40Bank Accounts o f the FundProvision

The Fund must keep one or more bank accounts, approved by the Board and subject to guidelines issued by the Authority, and deposit all money payable to the Fund and income from its investments into those accounts.

40. The Fund shall maintain one or more bank accounts the the Board shall approve subject guidelines issued by the Authority into which all money payable to the Fund and income derived from investments o f the Fund shall be deposited. to
Section 40Verify source
§ 4142Provision

The Board may borrow money for its purposes, but only with the Minister’s prior approval.

41. The Board may with the prior approval o f the Minister, borrow moneys for the purposes o f the Board by way o f loan or overdraft, and upon such security and such terms relating to the repayment o f the principal and the payment o f interest as the Board may deem fit. 28 No. 8 Rem uneration and allowances o f members o f the Board E xem ption from liability GEPF Retirement Benefits Fund 2013
Section 41Verify source
§ 42Power to BorrowProvision

Board members are entitled to be paid remuneration if the Minister approves it on the Board’s recommendation.

42. The members of the Board shall be entitled to be paid such remunerations as the Minister may approve upon the recommendations of the Board. PART VII GENERAL PROVISIONS
Section 42Verify source

Part

PART VII

§ 4344Provision

Trustees, employees, or agents of the Fund are protected from action, liability, or demand for acts or omissions done in good faith while carrying out or purporting to carry out their duties.

43. Any act or thing done, or omitted to be done by a trustee, or by an employee or agent o f the Fund shall not, if done or omitted to be done in good faith in execution or purported execution o f his duties as a trustee, employee or agent o f the Fund, subject that person to any action, liability or demand. P ow er to m ake R egulations
Section 43Verify source
§ 4445Offence

The Minister may make regulations for carrying out this Act, after consulting the Board.

44.-( 1) The Minister may, upon consultation with the Board make Regulations for the better carrying out the purposes of the provisions o f this Act. (2) Without prejudice to the generality of subsection (1), the Minister may make regulations prescribing- (a) (b) (c) procedure for making of contributions to the Fund; administration of all benefits payable under the Act; the disposal of amounts standing to the credit o f accounts in the Fund and to which no lawful claim has been made within a period o f three years since and amounts such payable the in provisions o f this Act; due accordance with became (d) procedure for recording and protection of members information; 29 No. 8 G EPF Retirement Benefits Fund 2013 R eserve A ccount C ollateral for hom e m ortgage Penalty for late paym en t o f benefits (e) such other matters as may be necessary for the proper administration o f the Fund including the obligations o f the and claimants, beneficiaries. employers
Section 44Verify source
§ 4546Provision

The Board must establish, maintain, and manage a Reserve Account.

45.-(l) The Board shall establish, maintain and manage a Reserve Account into which shall be paid- (a) other monies paid into the Reserve Account by the provisions o f this Act; and fines which may be levied under this Act. (b) (2) The sum paid into the Reserve Account under subsection (1) may be used wholly or partly to losses and other payments which shall be meet determined by the Board.
Section 45Verify source
§ 4647Provision

A member may use part of their benefit entitlements as collateral for a home mortgage, subject to any prescription made by the Authority.

46. A member may use part o f his benefit entitlements as collateral for home mortgage purposes as prescribed by the Authority.
Section 46Verify source
§ 4748Offence

Employers must notify the Fund in writing before an employee retires, and the Fund must pay retirement benefits within 60 days after notification.

47.-(l) An employer shall, within six months before the date o f retirement of his employee, notify the Fund in writing about the date of retirement o f his employee. (2) The Fund shall ensure that, within sixty days following the date o f notification of retirmenet, pay to the member the due retirement benefits. (3) Where the Fund fails to pay retirement benefits to a member within a period specified under subsection (2), and the member is not responsible for that failure, the Fund shall pay the member the principal sum that is due for payment as retirement benefit plus a penalty o f fifteen percent of that sum per annum. 30 No. 8 Offences and penalties G EPF Retirement Benefits Fund 2013 (b)
Section 47Verify source
§ 4849Offence

This section makes certain dishonest or non-compliant actions about Fund contributions and claims an offence, and sets fines, possible imprisonment, and repayment orders.

48.-(l) Any person who- (a) knowingly deducts from an employee’s salary in respect o f a contribution to the Fund, a sum greater than the employees share o f the statutory contribution; for the purpose of obtaining any benefit or for himself or some other person, refund knowingly makes or false a representation, or produces furnishes or causes to be produced or furnished any document or information which he knows to be false in a material particular; fails without lawful excuse to fill and submit to the Fund the claim form in respect o f a member whose benefits are due; statement (c) (d) misrepresent or fails to disclose any material (e) (f) the account o f fact; in the case o f contributing employer, fails to submit employee contributions as a result of individual members which cannot be credited with their contribution; or contravenes any of the provisions o f this Act where no penalty has been prescribed, commits an offence and shall on conviction- (i) in the case of offences prescribed under subsections (1) (a),(b),(c) and (e), be liable to a fine o f not less than twice the amount o f loss caused or imprisonment for a term not exceeding six month or both; No. 8 GEPF Retirement Benefits Fund 2013 (ii) in the case o f offences prescribed under subsections (1) (d) and (0, be liable to a fine of not less than two million shillings not a or exceeding six month or both. imprisonment term for (2) The court shall, in addition to the penalty the subsection prescribed (1 )(i), repayment o f the amount o f loss incurred. under order R epeal and Savings C ap. 51
Section 48Verify source
§ 49Exemption from liabilityCommencement

The old Provident Fund (Government Employees) Act is repealed, but certain existing directives, subsidiary legislation, rights, duties, liabilities, and related actions continue under the new Act until revoked or replaced.

49.-(l) The Provident Fund (Government Employees) Act is hereby repealed. (2) Notwithstanding the repeal of the Provident Fund (Government Employees) Act- (a) and employers, members contributions made under the repealed Act, shall be deemed to be employers, members and contributions made the GEPF under Retirement Benefits Fund Act; (c) (b) all directives made, given or issued under the repealed Act which are in force before the effective date shall remain in force until revoked by Orders under the Act; all subsidiary legislation made under the repealed Act which are in force on the commencement o f this Act shall be deemed to be subsidiary legislations under this Act and shall remain in force until revoked or rescinded by subsidiary legislation made under this Act; Cap.51 the (d) all powers, rights, privileges, duties and liabilities or obligations which, immediately before commencement date were exercisable by persons in accordance with the Provident Fund the provisions o f (Government shall continue in force until otherwise revoked or replaced by the Act or Regulations; Employees) Act 32 No. 8 G EPF Retirement Benefits Fund 2013 (e) all appointments and directions made, issued or given under the provisions of the Provident Fund (Government Employees) Act shall continue to be valid unless they are revoked, cancelled or otherwise cease by reason of affluxion o f time; all the assets and liabilities o f the existing Fund the commencement of this Act shall vest in the Fund rights and obligations arising out o f any contract or otherwise as if this Act had not come into force; together with all immediately before the (f) (g) anything done or any action taken under the repealed Act shall the provisions o f this Act, be deemed to have been done or taken under the corresponding provisions o f this Act; far with in so (h) where immediately before the to the Provident commencement of this Act: (i) any person liable to pay any sum o f money Fund (Government Employees) in relation to any liability arising from the repealed law such payment to the Fund as if the liability to make such payment had arisen under this Act; and that person shall make the repealed Act or for (ii) any legal proceedings for any offence under the recovery of any sum o f money due under the repealed ordinance which is pending before any court may be continued and conducted as if it was under this \c t. 33 No. 8 GEPF Retirement Benefits Fund 2013 SCHEDULE (Made under section 10) T en u re o f appo in tm en t PROVISIONS RELATING TO THE BOARD
Section 49Verify source

Part

SCHEDULE

§ 12Provision

Board members serve for three years, may be re-appointed once, and may resign by written notice to the appointing authority.

1.-(l) Every member o f the Board shall continue to hold the office for three years from the date o f appointment and shall be eligible for re­ appointment for one further term. (2) Notwithstanding sub-paragraphs (1) of this paragraph, a member may resign at anytime by giving notice in writing to the appointing authority and from the date specified in the notice or, if no date is so specified in the notice from the date of the receipt of the notice by the appointing authority; he shall cease to be a member. (3) A person who is a member by virtue of his holding some other office shall cease to be a member upon his ceasing to hold the office by virtue o f which he is a member. T erm in atio n o f app o in tm en t
Section 1Verify source
§ 23Provision

If a Board member misses three consecutive meetings without reasonable excuse, the Board must notify the appointing authority and appoint a replacement.

2. Where any member o f the Board absents himself from three consecutive meetings of the Board without reasonable excuse, the Board shall advise the appointing authority o f the fact and the appointment o f such a member and appoint a new member in his place. 34 No. 8 GEPF Retirement Benefits Fund 2013 C essation o f m em bership V ice-C hairm an Pow er o f C hairm an and V ice-C hairm an
Section 2Verify source
§ 3Short title and commencementShort title

The appointing authority may appoint another member if a Board member stops serving, dies, is unable to act, or is removed under paragraph 2.

3. Where any member o f the Board ceases to be such a member by resignation or death or is unable to perform his functions as such member by reason o f his absence from the United Republic or by reason o f any infirmity of body or mind or where the appointing authority terminates his appointment under paragraph 2, the appointing authority may appoint another member the member so appointed shall, subject to the provisions of this schedule, hold office for the remaining o f the term o f his predecessor. in his place and
Section 3Verify source
§ 45Provision

The Board must elect one of its members as Vice-Chairman.

4. The Board shall elect one of its members to be a Vice-Chairman and any member elected as Vice-Chairman shall, subject to his continuing to be a member hold office of Vice-Chairman for a term to be fixed by the Board and shall be eligible for re- election after the end o f that period.
Section 4Verify source
§ 56Provision

The Chairman presides over Board meetings, and if the Vice-Chairman is absent the Chairman presides; if both are absent, the members present may elect a temporary Chairman.

5.-(l) The Chairman shall preside at all meetings o f the Board. (2) Where at any meeting o f the Board the shall the Vice-Chairman is absent Chairman preside. (3) In the absence of both the Chairman and Vice-Chairman at any meeting o f the Board the members presents may from amongst their number elect a temporary Chairman who shall preside at that meeting. (4) The Chairman, Vice-Chairman or temporary Chairman presiding at any meeting o f the Board shall have a vote and in the event o f an equality o f votes, shall have a casting vote in addition to his deliberative vote. 35 No. 8 GEPF Retirement Benefits Fund 2013 M eeting and procedure o f the B oard
Section 5Verify source
§ 67Provision

The Chairman must convene ordinary Board meetings, send members notice at least 14 days in advance, and may call extraordinary meetings. Non-members invited to deliberations may not vote.

6.-(l) An ordinary meeting of the Board, shall be convened by the Chairman and the notice specifying the place, date and time o f the meeting shall be sent to each member at his usual place of business or residence not less than fourteen days before the date o f such meeting. (2) The Board shall ordinarily meet four times in a year, but the Chairman may convene an extraordinary meeting when the needs to do so arise. (3) The Chairman o f the Board may invite any person who is not a member to participate in the deliberations of the Board, any such person shall not be entitled to vote. Q uorum
Section 6Verify source
§ 78Provision

A Board meeting has quorum when half of the members are present.

7. The quoram o f any meeting of the Board shall be half o f the members. D ecision by circulation o f papers M inute o f m eetin gs A uthentication o f the Seal
Section 7Verify source
§ 89Provision

The Board may make a decision without a meeting by circulating the papers to all members and getting written views if the chairman directs it. Any member may require that such a decision be deferred and dealt with at a Board meeting.

8.-(l) Notwithstanding the provision of the chairman so directs a paragraph 3, where decision may be made by the Board without a meeting by circulation o f the relevant papers among all the members and the expression in writing of their views. (2) Any member shall be entitled to require that any such decision be deffered and such matter be considered at a meeting o f the Board.
Section 8Verify source
§ 910Provision

Board meeting minutes must be confirmed at the next meeting and signed by the Chairman at the meeting.

9. Minutes in proper form o f each meeting o f the Board shall be kept and shall be confirmed by the Board at the next meeting and signed by the Chairman at the meeting.
Section 9Verify source
§ 1011Provision

The Board’s seal may be affixed to deeds, documents, and other instruments only when the specified officials are present.

10. The Seal o f the Board shall not be affixed to any deed, document and other instruments except in the presence o f the Chairman and the Director General, or either the chairman or the Director General and one other member o f the Board. 36 No. 8 GEPF Retirement Benefits Fund 2013 E xecution o f docum ents V alid ity o f proceed in g s
Section 10Verify source
§ 1112Provision

The Board’s documents and decisions may be signed by the Director General or an officer the Director General authorizes. Board acts or proceedings are not invalid just because the Board was incomplete or a member’s appointment or qualification was defective.

11. All documents to which the Board is a party other than documents required by law to be under seal and all decisions o f the Board, may be signified under the hand o f the Director General or other officer authorized by the Director General in that behalf. 12. No act or proceeding o f the Board shall be invalid by reason o f the number o f members not being complete at time o f such act or proceedings or o f any defect in the appointment o f any member or the fact that any member was at the time disqualified or disentitled to act as such. the T he B oard to regulate proceed in g s
Section 11Verify source
§ 1314Provision

The Board may regulate its proceedings, subject to this Schedule.

13. Subject to the provisions o f this Schedule the Board may regulate its proceedings. Passed in the National Assembly on the 5th November, 2013. Dr. T h o m a s D. K a s h i l i l a h , Clerk o f the National Assembly 37
Section 13Verify source

Legislative relationships

6 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

  • Board may appeal to the Authority in the manner prescribed under the Social Security (Regulatory Authority) Act

    Section 33

  • Fund and contributors to the Fund in the Register in the manner as may be prescribed in the Regulations

    Section 17

  • Fund any o f the functions stipulated under this Act

    Section 14

N–S

2 instruments

  • Provident Fund (Government Employees) Act

    Section 49

  • Social Security (Regulatory Authority) Act

    Section 6

T–Z

1 instrument

  • Tanzania Act

    Section 3

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