Zambia Act or statute

Zambia legislation

Civil Service (Local Conditions) Pensions (Amendment) Act, 1986

accounting periodactuarial valuationadministrative dutiesauditbenefits administrationboard compositionboard governancecivil servant housingCompany law Employment lawemployment benefitsemployment termsfinancial reportingfund managementgovernancegovernment reportinginternal controlsloanspension calculationpensionspensions reviewrecordkeepingretirementretirement ageretirement benefitsstaff appointmentstatutory drafting

Jurisdiction: Zambia
Structure: 24 provisions
Citation: Act 11 of 1986
Dates: As at 21 Apr 1986

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Dates: As at 21 Apr 1986

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Purpose and legislative effect

“This provision changes the definition of “pensionable age.””

This provision changes the definition of “pensionable age.” The Fund must be valued periodically by an actuary appointed by the Minister. This provision repeals section 4 of the principal Act and substitutes new sections in its place. This provision establishes the Civil Service (Local Conditions) Pensions Fund Board as a body corporate and gives it corporate powers. The Board must appoint a Secretary, with the Minister’s approval, and may appoint other staff. The Secretary must manage the Board’s day-to-day administration under the Board’s general supervision.

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Section two of the prinoi(>l-\1 \cl is ,\inendei io subseotlon

This provision changes the definition of “pensionable age.”

Section 2

The fina.noia.l year of the Boa.rd tilia.11 be the period

The Board’s financial year is 12 months ending on 31 December each year.

Section 7D

Section ni ueteen of the princi1,al Act is amended in

This provision changes the retirement-age wording in subsection (2) by removing the old age brackets and replacing them with new text about the age at which an officer retires, expressed in complete months.

Section 7

Section fifty-five of the principal Act is amended in

This section amends section 55(5)(b) of the principal Act by replacing “whichever is less” with “whichever is the greater.”

Section 12

28.04 ' 48 481⁄4 49 491⁄4 50 50i 51 511⁄4 52 52i 53 1531⁄4 54 Mt 55 551⁄2 56 56i 57 57i 58 68! 60 59-i 60 601 61 6li 62 621 63 63i 64 64i 65 651⁄2 66 66i 67 67i 68 68! 69 69! 70 701⁄4 71 711 72 721 73 •�i 74 741⁄2 76

Section 28

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Source record from zambialii.org · As at 21 Apr 1986

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Showing 24 of 24 provisions

Provision 9Commencement 6Repeal 4Amendment 3

§ 2Section two of the prinoi(>l-\1 \cl is ,\inendei io subseotlonSubstitution

This provision changes the definition of “pensionable age.”

2. Section two of the prinoi(>l-\1 \cl is ,\inendei io subseotlon (I) by the cl"letiou of the definition of" pen�ionable age" and the substitution therefor of the follo,vin� d0 tinition: Amendment ofeeotion 2 " pensionable age " means- (a) in lihe oa.se of a. nu.la officer, bhe fifty-fifth alUli v�rsa.ry of the <11.te of his birth: ao,1 (b) in the o� of ·� female o1ioer the fifliiebh o.nni "81'Sary of the cfat;e of her birth.

Section 2Verify source

§ 3Seotiou five of the prinoip�l Act is amended by theRepeal

The Fund must be valued periodically by an actuary appointed by the Minister.

3. Seotiou five of the prinoip�l Act is amended by the repeal of s11b90ction (1) and the substitution therefor of the following subsection: Amendment of BOOtion IS (l) The Fund shall periodically be valued by an actuary appointed by the Minister.

Section 3Verify source

§ 4Sect;ion ae1•en. of the prinoip>\l Act is repealed and the Rpenl ,mdRepeal

This provision repeals section 4 of the principal Act and substitutes new sections in its place.

4. Sect;ion ae1•en. of the prinoip>\l Act is repealed and the Rpenl ,md t :;"f�� followin� sections are substituted therefot':

Section 4Verify source

§ 7There.is hereby e�ta.bli➔hari the Civil Service (Local EatablisbProvision

This provision establishes the Civil Service (Local Conditions) Pensions Fund Board as a body corporate and gives it corporate powers.

7. There.is hereby e�ta.bli➔hari the Civil Service (Local Eatablisb Con<litions) Pe11-3ion� Funrl Bo>\rd which shall be a body ;:�of ,C::ingl• oopi� of thu .4.ct muy be obtained from th.I Gowm,nmt Printw, P.O. BOQl 30136, Lmaka. Price 40,t. 112 No. 11 of 1986] Gi-1:il Service (Loccl Conditions) Pensions (Ameulment) Composi tion of Board Secretary and other staff corpora.to with perpetual sucoe::1."ion and o. common seal, cap:iblo of suing n.nd being sued. ill its corporate name, and with power, subjert to tho prnvi:.ions of this Act, to do a.II such acts and thing� a.� a body oorpor.i,to ma.y do by law. 7 A. Tho Boa.rel. sL.o.11 consist of tho Permanent Secretary, Miuistn of ]finance, as chairman and 1:1ix other members appointed by tho l\finister who shall hold office until the Minister decidos otherwise.

Section 7Verify source

§ 7B(1) There shall be a. Secretary to the Board whoProvision

The Board must appoint a Secretary, with the Minister’s approval, and may appoint other staff. The Secretary must manage the Board’s day-to-day administration under the Board’s general supervision.

7B. (1) There shall be a. Secretary to the Board who shall be appointed by the Boa.rd on such terms a.nd con ditions as the Board may determine, with the approval of the Minister. (2) The Secretary shall be responsible for the admini stration of the day-to-day affairs of the Board undor_the general superviaion of the Boo.rd. (3) The Boa.rel may appoint such other staff as it may consider nec.essa.ry for the performance of ite f unotions. Functions of Board

Section 7BVerify source

§ 7CTho functions of tho "Board shall beProvision

The Board must manage the Fund, invest its money prudently, and set up a home-ownership scheme for civil servants with loans to Fund members.

7C. Tho functions of tho "Board shall be- (a) to manage the Fund and in particular to invest monoys belonging to the Fw1d in a. business like maimer; and (b) to establish a scheme for home ownership by civil servants and to grant, on such terms and conditions a.s may be determined by the Boa.rd, loans to members of the Fund for the purposes of building or purchasing their own residential proportios and mooting any other incidental charges thereto. Finanoie.l yoor Bookllof aooount

Section 7CVerify source

§ 7DThe fina.noia.l year of the Boa.rd tilia.11 be the periodProvision

The Board’s financial year is 12 months ending on 31 December each year.

7D. The fina.noia.l year of the Boa.rd tilia.11 be the period of twelve months ending on 31st December in ca.oh year.

Section 7DVerify source

§ 7E(1) The Boa.rd shall keep proper books of accountsProvision

The Board must keep proper books of accounts and other account records, and those records must be open for inspection by the Minister or someone the Minister authorises.

7E. (1) The Boa.rd shall keep proper books of accounts a.nd other records relating to its o.ooounts. (2) Such books of a.ooounts and other records shall be open for inspection by the :Minister or any person duly authorised by him in that behalf. Audit of aooounta

Section 7EVerify source

§ 7F(1) The account.a of the Board shall be auditedProvision

The Board’s accounts must be audited every year, and the auditor must report and certify on the accounts.

7F. (1) The account.a of the Board shall be audited annually and a detailed report thereon submitted to the Minister and to the Boa.rd. (2) For the performance of his du.tie.� Wlder subsection (1 ), the auditor to the Boa.rd shn.11 have access at a.11 reasonable times to a.11 books of acoounta, records, returns, reports and othor cloouments relating to the Boa.ru'a a.coounts. Civil Service (Local Conditions) Pension., (Ame,ulment) [No. 11 of 1986 113 (3) In respect of oaoh financial yea.r, t,he auditor to the Board shall certify whether or not- (a) he h118 received all tho ex1llanations and other information necessary for the performance of hia duties; (b) the accounts of tho Boa.rd have been properly kept; and (c) according to tho oxpla.na.tions and other informa tion received, a.ncl the books of A.Ccounta, records, retun1a, reports and other documents relating to tho Boa.rd's accounts produced to him, the accounts of the Boa.rel retlect a true and accurate fina.ILCial po&ition of tho Board or of its profit and lo�s position, for tho period covered by hii cci-tifica.tiou.

Section 7FVerify source

§ 7G(1) As soon a.sis practicable, but not later than six Annll&lProvision

The Board must send the Minister an annual report within six months after each financial year, and the Minister may require extra certified reports or statements. The Minister must then table the report in the National Assembly within 30 days after its next sitting following receipt.

7G. (1) As soon a.sis practicable, but not later than six Annll&l months after the expiry of oach financial year, the Boa.rd repori sha.11 submit to tho �linister a report containing a balance sheet sho"ing the as1:1ots and liabilities of the Boa.rd as at the last day of the financial year to which the report relates, accompanied by an aucUtod statement of income and expenditure for that financial year together with any other statements and returns a.s may be relevant. (2) The Minh1ter, may at any time require the Board in writing to suumit to him such atlclitiona.l reports, returns or statoments, duly certi.6.o<l by the auditor to tho Board, as the Minilitor consiclors nocessary, and tho Board shall comply with such requi.remont. (3) The Minist,er shalJ not later than thirty days after the first sitting of the National Assembly next afte1 the receipt of the report referred t-0 in subsection (1) lay it before the National .Aasem bly.

Section 7GVerify source

§ 5Section clcvrn of the principal act is Amended by thoRepeal

Some officers must retire at pensionable age, and some may retire earlier on notice; certain police and prison officers may retire from age 45 or after 20 years’ service, whichever is earlier.

5. Section clcvrn of the principal act is Amended by tho repeal of subsection (1) and tho substitution therofor of the following subsection: Amendme.Di or NOtion 11 (1) ubject to the p, ovi:;iom1 of this section (a) an officer in Division I, II or 111- (i) sha.U retire on attairling pe11Siona.ble age; (ii) ma.y, on giving due notice, retire at any time during the five years before that officer attains pensionable ago; (iii) may, on giving duo notice, retire at any twenty-years' completing time after service; 114 No. 11 of 1986] OivilService (Local Oonditiona) PensiO?UJ (Amendnient) (b) a.n officer of or below the rank of Chief Inspector in the Zambia. Police Force or an officer of or below the rank of Chlef Officer ill in the Zambia Prison Service may, on giving due notice, retire on or after a.ttai.rung the age of forty-five years or on or after completing twenty years' service which ever is earlier: Provided that the appropriate authority may, by statutory instrument, prescribe earlier dates for the retirement of all or any officers. Amoodment of aeotiou 18

Section 5Verify source

§ 6Section ei9hleen of the principal Act is amended inCommencement

This section amends section 19 so the retirement age is expressed as the age at which an officer retires, in complete months.

6. Section ei9hleen of the principal Act is amended in subsection (1) by the deletion of: "0= (i) in the c·\se of a. female officer whose service commenced prior to 14th September, 1973 :660; and (ii) in tJ1e ca'!e_ of a rnale ofiicer who opted to retain fifty-five yea.rs as his age of retirement and whose service commenced prior to the 1st December, 1980:660; 1:1.nd (iii) in any other case: 720; and" a.nd tho substitution therefor of: " O=the a.!!e at which an officer retires, expressed in complete months; and ". Amendment of aeotion 19

Section 6Verify source

§ 7Section ni ueteen of the princi1,al Act is amended inCommencement

7. Section ni ueteen of the princi1,al Act is amended in subsection (2) by thti deletion of: "0= (i) in the case of a. female officer whose servioe comtuencod prior to 14th September, 1973:660; and (ii) in the case of a male officer who opted to retain fifty-five years as his age of retirement and whose service commenced prior to the 1st December, 1980 :660; and (iii) in any other case :720; and " and the substitution therefor of: "�O=the age at which an ouloer retiresa expressed in complete mouths; t�utl ". Amendment of aeotioo 20

Section 7Verify source

§ 8Section twe,ily of the principal Act is a.mended by theCommencement

This section amends the principal Act by replacing the old retirement-age formula with “the age at which an officer retires expressed in complete months.”

8. Section twe,ily of the principal Act is a.mended by the deletion of: "0= (i) in the case of a female officer ,vhose service commenced prior to 14th ')eptember, 1973 :660; and Ciml8ervice (Local, Conditiona) Pemions (Amendment) [No. 11 of 1986 (ii) in the case of a ma.le officer who opt.ed to retain fifty-five years as his age of retirement and whose service commenced prior to 1st Deoem ber, 1980 :660; and (iii) in any other case :720. " and the substitution therefor of: " O=the age at which an officer retires expressed in complete months. ".

Section 8Verify source

§ 9Section twenty-seven of the principal Act ie amended inCommencement

This section amends section 27 of the principal Act by changing the retirement-age wording to refer to the age at which an officer retires, expressed in complete months.

9. Section twenty-seven of the principal Act ie amended in subsection (1) by the deletion of: Arneodmeu• ol aeotion 27 " D= (i) in the case of a male officer who opted to retain fifty-five years as his age of retirement or in the case of a female officer whose service commenced prior to let December, 1980:660; and (ii) in any other case :720; and " and the substitution therefor of: " D=the age a.t which an officer retires, expressed in complete months ; and ".

Section 9Verify source

§ 10Section twenty-eight of the principal Act is a.mended in Aroendmeo•Commencement

This section amends the retirement-age wording in the principal Act, replacing the old text with a definition tied to the age at which an officer retires, measured in complete months.

10. Section twenty-eight of the principal Act is a.mended in Aroendmeo• of aeof!ion 18 subsection (2) by the deletion of: " D= (i) in the case of a ma.le officer who opted to retain fifty-five yea.rs a.a his age of retirement or in the case of a. female officer whoee service commenced prior to let December, 1980:660; and (ii) in any other case :720; e.nd " and the 1mbsitution therefor of: " D=the age at which a.n officer retires, expressed in complete months ; and ".

Section 10Verify source

§ 11Section twenty-nine of the principal Act is a.mended by .ll.mmdmentCommencement

This section amends section 29 so that the retirement age is expressed in complete months.

11. Section twenty-nine of the principal Act is a.mended by .ll.mmdment of leotion 29 tho deletion in para.graph (b) of: " D= (i) in the case of a ma.le officer who opted to retain fifty-five years a.s his age of retirement or in the case of a female officer whose eervioo commenced prior to let December, 1980:660; and (ii) in any other ca,e :720. " and the substitution therefor of: " D=the age at which a.n officer retires, expressed in complete months. ". 116 No. 11 of 1986) OivilService (Local Conditions) Pensions (A:rnendment) Amendment of aeotion Ill!

Section 11Verify source

§ 12Section fifty-five of the principal Act is amended inSubstitution

This section amends section 55(5)(b) of the principal Act by replacing “whichever is less” with “whichever is the greater.”

12. Section fifty-five of the principal Act is amended in subsection (5) by the deletion in paragraph (b) of" whichever is less " and the substitution therefor of " whichever is the greater ••. Amendment ofeection 119

Section 12Verify source

§ 13Section fifty-nine of the principal Act is amended byRepeal

If an officer is prematurely retired to take up an appointment with a recognized authority, the officer’s pension must be paid from the date of that premature retirement.

13. Section fifty-nine of the principal Act is amended by tho repeal of subsection (6) and the substitution therefor� of the following : (6) Where an officer i'! prematurely retired in order to enable him to take up an appointment with a recogrused authority the pension of such officer shall be paid with effect from the date of such premature retirement. Amendment of eeotion G6

Section 13Verify source

§ 14Section sixty-six of the principal Act is amended byAmendment

Retiring officers in Division I, II or III may choose to commute part of their pension into a lump-sum gratuity.

14. Section sixty-six of the principal Act is amended by (a) the remimberingofsubsection (4) as subsection (5); and (b) the addition, immediately after subsection (3), of the following new subsection : (4) An officer in Division I, II or III who retires may opt to commute either one-third or two-thirds of his pension for a lump sum payment, as gratuity, calcula.ted in accordance with the commutation factors as set out in the Fourth Schedule. Addition of eeotion 611 Review of pen.siona

Section 14Verify source

§ 15The principal Act is amended by the addition of theAmendment

This section amends the principal Act by adding a new section.

15. The principal Act is amended by the addition of the following new section :

Section 15Verify source

§ 69There shall be a review of pensions before the 1stProvision

Pensions must be reviewed before 1 October 1986, and then at intervals the Board decides.

69. There shall be a review of pensions before the 1st October, 1986, and at such intervals thereafter as the Boa.rd may decide. Ineertion of Fourth Sohedule

Section 69Verify source

§ 16The principal Act is a.mended by the addition of theAmendment

This section adds a Fourth Schedule to the principal Act, setting out a commutation table for pension cash payments.

16. The principal Act is a.mended by the addition of the Fourth Schedule as set out in the Appendix hereto. Civil Service (Local Condition.,) Pension8 (Amendment) [No. 11 of 1986 117 APPENDIX (Seclion 16) FOURTH SCHEDULE (Section 66) CollfMU'l'ATION' TABLl'l Sbgle cash paymont in commutation of pension of K2 (two kwaoho) per annum, CMh payment Cash payment NOOre6t holf-age l\fulo Fomale Noorost half-oge Mole Female Up t-0 20 20i 21 2li 22 221 23 231 24 24½ 25 251 26 261 27 27¼ 28 28l 29 29i 30 30i 31 3li 32 321 33 331 34 34-i 35 35i 36 36i 37 37i 38 38i 39 39-i 4-0 40i 41 4)i 42 42i 43 43i 44 44i ..., " 45! 46i 41 47i

Section 16Verify source

§ 2804Provision

28.04 ' 48 48¼ 49 49¼ 50 50i 51 51¼ 52 52i 53 153¼ 54 Mt 55 55½ 56 56i 57 57i 58 68! 60 59-i 60 601 61 6li 62 621 63 63i 64 64i 65 65½ 66 66i 67 67i 68 68! 69 69! 70 70¼ 71 711 72 721 73 •�i 74 74½ 76

Section 28Verify source

Legislative relationships

4 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.

N–S

2 instruments

principal Act
Sections 4, 8, 9, 12
retirement-age wording in the principal Act
Section 10

T–Z

2 instruments

This section adds a Fourth Schedule to the principal Act
Section 16
This section amends the principal Act
Section 15

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