Public Service Pensions Act, 1996

The Act may be cited as the Public Service Pensions Act, 1996, and it starts on a date appointed by the President by statutory instrument.

This section defines key terms used in the Act, including who counts as an appropriate authority, Board, child, dependent, officer, pension, pensionable emoluments, pensionable service, Public Service, and qualifying continuous service.

This section lists benefit and pension topics for officers and other persons who were transferred from a recognised authority or related service groups.

Section 14 is titled “Benefits on resignation.”

This section states that officers are deemed to be in Division IV.

This section refers to benefits that may be granted or increased retrospectively.

This provision is headed “Definitions,” and the text also shows the start of a second schedule about conditions of service for death or injury in the course of duty.

Section 3 concerns benefits following death in consequence of injury.

This section concerns reimbursement of medical and other expenses for injured persons.

This provision is a section heading for definitions; the visible text does not state any operative rule.

This provision says the Pan applies only to officers transferred from service with a recognised authority or from local conditions.

Certain transferred public officers who retire because their post is abolished or to improve efficiency/economy are entitled to a pension from the date of retirement.

A transferred officer who retires on approved medical grounds may be entitled to a pension or gratuity.

A transferred officer who retires under the specified schedule is entitled to either a pension or a gratuity, depending on the circumstances.

A transferred Federal officer who retires for reasons other than abolition of post or an efficiency/economy improvement is entitled to an additional pension from the retirement date.

If a transferred officer retires and the pension amounts are lower than the pension they would have received without the transfer, the pension under this Part must be increased by the difference.

Certain transferred public service employees can receive a pension or gratuity if they meet the stated retirement and service conditions.

Certain transferred retirees are entitled to a further pension, but not if they choose a gratuity instead of an additional pension under section 9.

This section says how to calculate the “Emoluments factor” as KA + KB.

This section defines “transferred persons” for this part.

The Public Service Pensions Fund Board is established as a body corporate with perpetual succession and a common seal, and it has powers to deal with property and do things necessary or incidental to its functions under the Act.

The President must appoint the Board Chair from among Board members. Board members may resign with one month’s written notice, and the President may remove a member with like notice. A member’s office becomes vacant on specified incapacity, bankruptcy, detention, imprisonment, or notice-based resignation/termination events.

The Board may regulate its own procedure and has detailed rules for meetings, quorum, voting, notice, and who may participate.

The Chief Executive must serve as the Secretary of the Board.

The Board must manage the Fund properly, set up a home-ownership scheme for members, and may grant loans to members for residential property on terms it decides.

The Board has power to arrange actuarial assessments of the Fund, co-opt qualified people to committees, issue directions on the Fund’s operation, and do other acts needed to give effect to the Act.

Certain pension-related payments must be paid into the Fund each month, and late payments attract interest at the commercial rate.

Some transferred officers in divisions I to III must retire at age 55 if they meet the listed election and service-history conditions.

A transferred officer or probationer who resigns is entitled to a gratuity calculated under this section.

A transferred Federal officer who is dismissed is entitled to a pension, with the pension calculated from the date of transfer and excluding the additional abolition of office pension.

A spouse may be entitled to a pension when a qualifying transferred officer or retired person dies and leaves a spouse.

Children’s pensions are payable if the stated service-and-transfer conditions are met and the person dies leaving one or more children.

This section sets out when a special pension may be payable for the spouse, children, or dependants of certain transferred or retired public officers.

A spouse whose special pension stopped because of remarriage may have it restored or, in some cases, elect to receive it again instead of the pension based on the later spouse.

Some Junior Division staff on 31 October 1961 are treated as Division IV officers, but they cannot claim benefits under the African Civil Servants Pensions Regulations.

An eligible officer may choose pension commutation or a gratuity, subject to timing rules, amount limits, and an exception for injury or death pensions.

If an existing pension-type benefit is lower than the benefit that would have applied under this Act, an extra amount must be paid to cover the difference; a similar backdated benefit applies in certain pre-commencement cases, unless ex gratia or other lawful payment already covered the situation.

Certain pensions are increased from the specified date, using different increase rules depending on the monthly pension amount.

This section defines terms used in the Schedule, including local conditions, pensionable service, qualifying service, recognised authority, and scheduled post.

The President may set the commencement date by statutory instrument after consulting the Board, and the Public Service Pensions Fund is to be created. The existing fund is to be transferred to that new fund without further assurance.

The Fund includes existing fund members and other public service employees prescribed by the Board. The Board controls the Fund, and the President may adjust contribution and benefit structures with the Board and an actuarial valuation.

The Board appoints the Fund’s Chief Executive and sets the service terms.

A person cannot be qualified for appointment as Chief Executive unless the Board is satisfied about the person’s relevant academic attainments and experience.

The Chief Executive is responsible to the Board for directing staff and managing the Fund, following the Act and the Board’s general directions.

The Board may appoint additional staff if it considers them necessary to perform the Fund’s functions.

The Fund must operate on a social insurance basis and follow a set of pension-management objectives.

The Board must submit an annual comprehensive report to Parliament about the Fund’s operations.

From the date mentioned in section 9, the existing fund must be dissolved and the related enabling legislation is repealed.

If the existing fund is dissolved under section 18, its property, rights, liabilities, and property held for it vest in the Board.

The Fund consists of specified assets, contributions, interest, income, capital appreciation, and any other sums or assets accruing or granted to it.

Section 21 says all contributions are paid into the Fund, and several specified sums are also paid into or from the Fund each month.

Money in a member’s Fund account stays with the Board and is protected from attachment, and benefits under the Act generally cannot be assigned or transferred except for specified debts or court-ordered maintenance payments.

This section says the Fund is to be used for specified payments and costs, including benefits, administration expenses, losses on Fund assets, and other payments authorised by the Act or regulations.

The Board must appoint an actuary who has internationally recognised qualifications.

The Fund must be valued by an actuary when required by the Board, and at least every three years. After any valuation, the actuary must report on the Fund’s state and recommend action if there is a surplus or deficiency.

The Board may invest Fund moneys not needed for current charges in specified investment types, but not more than 20% of net asset value in any one form of investment.

Officers and probationers must make pension contributions at the stated rate, with some age and absence-based exceptions.

An officer or probationer may, with consent, elect to contribute for certain past temporary-employee service, but the election must be made within one month after being told they may do so.

Contribution payments under this Part are due monthly in arrears, usually by deduction from pensionable emoluments. Late or deferred contributions may attract interest or be deducted from later pension or benefit payments.

Officers generally must retire at age 55, but certain defence, police, and prisons officers may retire earlier with notice; the appropriate authority may also set earlier or later retirement dates in consultation with the Board.

An officer who dies after 20 years’ service is treated as having retired immediately before death, and the officer’s estate may get commutation of two-thirds of the pension as a lump sum.

An officer or probationer who resigns is entitled to a lump sum, subject to Part XI and subsection (3). If resignation is without due notice, the appropriate authority may deduct up to the person’s pensionable emoluments for that notice period.

If a probationer is discharged, the contributions the officer made must be refunded with interest at the ruling Central Bank deposit rate.

If an officer or probationer is dismissed, they must be refunded their contributions plus interest at the ruling Central Bank deposit rate.

An officer who retires because the post is abolished, or to support efficiency/economy improvements, is entitled to a pension from the date of retirement, subject to subsection (2) limits.

An officer who retires on permanent ill-health grounds, with medical evidence accepted by the appropriate authority, is entitled to retirement benefits.

A retiring officer is entitled to either a lump sum or a pension, depending on years of pensionable service.

If a probationer dies, a gratuity and any related lump sum payment must be paid, subject to Part X.

If an officer dies, a lump sum may be paid instead of a pension in some cases, and it must be distributed according to the deceased's will or intestacy rules.

A gratuity must be paid when an officer dies, unless the death was caused by the officer’s own wrongful act or omission in the course of official duties, as determined by the appropriate authority.

This text appears to be a section heading or fragment about public service pensions for spouses, but it does not state a rule.

A spouse may be paid a pension when an eligible officer or retired person dies, if the stated service and entitlement conditions are met.

Children may be paid a survivor pension if the deceased officer or retired person met the service and pension conditions and left children.

The Board may require certain people to provide information, proof, and future-notice details about a pension-related benefit claim.

The Board may withhold, suspend, or reduce benefits and pensions in specified cases, and the appropriate authority may set off losses against amounts payable after a discharge or dismissal.

Some ill-health pensioners can be required to return to duty if a medical board certifies them fit, and their pension may be withheld if they do not comply without reasonable cause.

Some pension recipients may choose to take a lump sum instead of part of their pension, and the Board may commute the whole pension in one case. Pensions for injury or death cannot be commuted.

Pensions must be reviewed at intervals the Board determines.

The First and Second Schedules set out transitional provisions and conditions of service for death or injury in the course of duty.

The Minister may make regulations to carry out this Act, after consulting the Board and by statutory instrument.

This section repeals the Civil Service (Local Conditions) Pensions Act.

The section sets death benefits and compensation for deaths caused by injuries sustained in the course of duty.

Injury-related travel, medical, and subsistence costs may be paid or repaid for a person injured while serving on local conditions, subject to specified authority controls and limits.

This section defines key terms used in the Schedule, including “aggravation to a material extent,” “ill health,” “percentage disability,” and “total service.”

This section refers to injury resulting in the injured person being permanently bedridden, under the heading "Injury to upper limb."

This provision is titled “Loss of both hands or both arms at higher sites.”

This section concerns loss of the remaining ann by an injured person who has already lost one ann.

This section refers to loss of ann at shoulder or below shoulder with a stump less than 8 inches from the tip of the acromion.

This text describes a loss of arm movement or function measured from 8 inches below the tip of the acromion to less than 4.5 inches below the tip of the olcranon.

Loss of ann 4 and half inches below the tip of the olecranon.

This provision lists compensation categories for certain hand and thumb injuries, including loss of four fingers on one hand and loss of a thumb by phalanges.

This section lists finger-loss injury categories for the index finger and middle finger.

This text lists loss categories for the ring finger, little finger, and metacarpal, with associated figures shown in the table.

Section 17 is titled “Ankylosis in optimum position” and lists shoulder, elbow, and wrist.

This section sets percentage ratings for certain hand injuries and multiple finger injuries when calculating disablement.

This section concerns benefits payable when a death results from an injury.

This section concerns reimbursement of medical and other expenses for injured persons.

This section is labeled “Definitions” and is followed by appendix and schedule headings.

The Permanent Secretary for Personnel Management may grant sick leave in stages, subject to medical proof and limits of 90 days, 90 days, and 180 days, with some exceptions.

Workers injured in the course of duty may be entitled to disability benefits, starting with a temporary allowance and later a pension or, with consent and authority approval, a single payment.

This entry assigns the value 100 to loss of both feet above the site of Syme's amputation or loss of both legs at higher sites.

Section 20 concerns loss of a remaining leg by a person who has previously lost one leg, with the figure 100 shown in the text.

Section heading about loss of a leg at the hip or below the hip, with a stump not exceeding 5 inches measured from the tip of the greater trochanter.

This provision describes a loss of a leg below the hip with a stump longer than 5 inches, measured from the lip of the great trochanter but not beyond the middle of the thigh.

This provision is titled “Loss of leg below middle thigh but not more than 4 inches below knee.”

This section is labeled for loss of a leg below the knee where the stump exceeds 4 inches, with several numeric figures listed.

This provision refers to a modified Syme's operation and mentions two alternatives: one foot and two feet.

Section 26 is titled “Loss of foot at tarso-metatarsal joint.”

Section heading for loss of all toes of both feet proximal interphalangeal joint.

Section heading: “Loss of all toes of both feet distal to the procimal interphalangeal joint.”

Loss of all toes of one foot above the proximal interphalangeal joint.

This provision refers to loss of toes of one foot, including loss of the great toe by phalanges.

This provision refers to loss of a toe other than the great toe when more than one toe is lost, applying to each toe.

This section lists ankylosis in optimum position for the hip, knee, and ankle.

The provided text is only a heading for “Total loss of sight” and does not show a clear operative rule.

Section 35 concerns loss of the remaining eye by an injured person who previously had sight in only one eye.

This section is about loss of one eye where the other eye is still normal.

This entry states “total loss of vision of one eye” where the other eye is normal, with “30 30” shown after it.

This provision shows a table for classifying other degrees of defective vision after correction with glasses.

This section lists hearing-loss levels and the corresponding numeric values for different audibility tests.

The disability degree for items 40 to 44 must be calculated for both cars used together.

This provision shows age bands used in a Public Service Pensions table.

This fragment is a pension commutation table and mentions a payment of K1 per annum.

The provided text does not show a substantive rule; it only contains a section/page reference and a footer for the Public Service Pensions Act.

32.24 32 10 3 1 .98 3 1 .84 3 1 .72 3 1 .58 3 1 .44 3 1 .30 3 1 . 1 6 3 1 .02

20.30 1 9.98 1 9.66 1 9.34 1 9.02. 1 8.70 1 8.38 I 8.06

17.72 1 7.40 1 7.06 1 6.72 • '. --- il�ll�ij�l��-��S�}IJJ��f�l �fl', . . ,i � . , � , .-•, 43

47.5 • Public Service Pensions [No. 35 of 1996 853

The source text is garbled and does not clearly state a rule.