Pension Scheme Regulation (Amendment) Act, 2005
This section sets up the Pensions and Insurance Authority Board, gives the minister power to appoint the Chairperson and Vice-Chairperson, and bars certain people from Board appointment.
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- Zambia
- Instrument
- Regulation
- Citation
- Act 27 of 2005
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- en
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About this statute
This section sets up the Pensions and Insurance Authority Board, gives the minister power to appoint the Chairperson and Vice-Chairperson, and bars certain people from Board appointment. This provision sets out how the Registrar is appointed and what the Registrar must do, and it also amends pension scheme trust and trustee rules. This section amends wording in section 9(2) and adds a requirement that an applicant provide any other information the Registrar considers necessary for deciding the application. A scheme cannot be registered under the Act unless it is set up under an irrevocable trust, the rules protect sponsors and members, and the trustees meet appointment requirements, except for schemes established by written law. This section amends the principal Act by adding the words “single-employer trust or” after “separate” and removing the phrase “or alternatively be affiliated to such a trust” after “multi-employer trust”.
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Provisions of Pension Scheme Regulation (Amendment) Act, 2005
Showing 53 of 53
- 6 Verify source ↗
(l) There is hereby· constituted the Pensions: and
This section sets up the Pensions and Insurance Authority Board, gives the minister power to appoint the Chairperson and Vice-Chairperson, and bars certain people from Board appointment.
6. (l) There is hereby· constituted the Pensions: and -JnsuranceAuthority Boardwhfoh shall, subject to the pro�ions · ofthis�ct, perform the ftinc.tions oftheAut)iorjtyundei;',t)ris. · .. ... :J·. --->�:::-=r.·::::(·,�t-:f,_\�---5::_ .· ';,_; _.-.: . - · . <· : · • • .- · . • • · > . _. ··, ·'•.:·•· . '.::'\ >/: '· > /'':\ , .< .. :_ \ '''. ':'1111dsocia)s��tf, • '." · .. , ",' i · . (a)arepreseµtatiieoftbeMinistzy responsibleforfinap.ce;: . . ·.·-: ·: '(bJarepresentati�ofth�Mirristzy respQIJsibleforlaboui : ,::: '}: (c) a··repr�en!:jltive:ofthe B:inkofZambia;, _ . "•V1 • (d) arepresenfi\tive ofilieZm:nbiaAssociation of Chamber's : .. _- ofCornmerceandJ3,1dustry; . .. ·: . .· :. . . _.· ' ' (�) �representltiye �ffu�Atto�ey-General; · . �fthe Zambia Institute of Certified . . · ·, : {f) a r�;.es·i�t;idve . �. ·. ·. -1��wn1S{: -�/\;_ .:<;>.,;).\_ -r '. : \: ; . -. . lg) _an.:pre=.ta(iv� ofth�.?,aml?i�f eder:ation ofEmployers; · · ; .; , ; . _: :Jh) a.��sentatiyeqf�t,?de�o��esentingworters- ·_. ' <./ .. :'. .. :i,-:.,. in1)1� wsm:ai;cepqiensionsind�; and. - ·.· :•- . , _· :; · :-: ·. :·,r;j cine.,6ther jlerso� --who shall have e;q,ertis� iri' the . ' ·'. . . . :./_: _ - . \!: . .. _ · . : i ' . . . : ·,> :-administraticinofpensionfunas, insuiance or actuarial. , .. ·.: ,:.•. ' · ... : ',• ' . : : ._:, � ·;1- :'' •• �,'.,... ·:•: • • ' • • - • • ' '. 1 I, ,, • • ·�tters. ';.: ··,•_•�::,:)•!.(,_;:.,_:, · .:_ . ,, _ _'. ,,: ·,\.; ,:,,.:, : . ·•• • ·. sand· and s and rs of- · lders cers, aim�-:.-- ;hed 'the . d; 'the '_the.· the md rrce md ice m, . \ ,- . {(. .i . \ . i. i. , ··., :::. "(3) ·' The m'embers i:eforred:to in subsection (2) shali be: · . \1_1�ID4iated by theirrespe9tiye,orga,1isations oi _ministries.-:. · __ . - - · - c 4) The Chairperso� and the \l'ic�--Ch�irpersort shall be · , · , : . · appoj:nted b:v,tlie minister from among the members of the board: .. . - (5) · A person shall not �e app�i�ted as a·member_ o_fthe. � . '; . i·{a) is an undischarged bankrupt; . · (b) has been convicted ofan offence involving fraud or . · . .. ',. ·.:,.. . , _ •Board if the person""'." . , dishonesty;or . ', : "-· · .... ,_ '. : ·. ·,: ,•.. , · : · . . : ·:, ._ .· . . ·. • .' ' . _; '' . . ,n 11 s s_ i . . , ·' I. . - I • : 'I- ·, .·- --, .,,.�.,.�� -:,-· -· : :· �----�:.::_-�_·�-. t_,:i; __ :i;i�--.·._ .. ,_·±�i.:-_, , _ __ ? •• . · � ... · ' ·,.:st:· · )j? ·;,·: . 224 No. 27 of2005] Pension Scheme Regulation (Amendment) Registrar -, .r - - - - - (c) has been convicted of an offence under any other written law and sentenced to a term ofimprisonment ofnot less than six months, without the option ofa fine. - 7 Verify source ↗
Section 7
This provision sets out how the Registrar is appointed and what the Registrar must do, and it also amends pension scheme trust and trustee rules.
7. (1) The boardshalf, with the approval of the Minister, in consultation with the Ministerresponstble for labour and social security appoint a Registrar who shall be the chief executive officer of the Authority and who shall, subject to the control and .direction of the Board, be responsible for the implementation of the decisions of the Board and the day to day administration of the Authority. --l·2)_A_p_ers_OILSha!Ln.ot be (!ualified for a ointment as Registrar unless the Minister is •Satisfied that the person has qualifications and experience in actuarial analysis, business management, law or accounting. (3) The Board shall, with the approval of the Minister, determine the terms and conditions of service of the Registrar. (4) TheRegistrarshallattendmeetings oftheBoardandmay attend meetings ofanycommitteeoftheBoardandmayaddress the meetings, but shall have no vote. ( 5) The Registrar shall, suqj ectto the direction of theBoard, (a) ensure thatthepension fund is established in form ofa single-employertrust or multi-employer trust separate from the employer's business; (b) ensure that the pension scheme is laid down in pension plan rules covering the contribution formula, all the benefits, type of plan, options provided and deadlines · for choosing, calculation 9f portability rights and member's rights for participation in the management of the pension fund; ' (c) examine the certificate ofincorporation of the trust; ( d) ensure that an. auditor and an actuary are appointed in accordance with this Act; (e) examine the annual accounts, the report of the niaruiger of pension fund and the auditor's report; (!)examine the actuarial evaluation and ensure it is done periodically according to thisAct; (g)ensure that re-insurance arrangements are entered into in accordance with the actuary's recommendation; ; ' ·-. . . . .. ': ... -.. .... .. . '••.� '• I l ff·· .. ·. I . . P11ns(on Scheme Regulation (Amendment) . ' . [No. 2T<it;2oos ,22� . :·· . • • ,_• · • ,..,, . · . . (h) ensure that, in th.e .case of a multi-employer ·trus� a-· · . written affiliation agreement exits, which adequately . protec.ts the pension fund's rights, the 'member�' . rights �nd the portability ofaccrued rights;. (i) enforce any conditions imposed under this Act on a pension fund, trust or the. manager, administratciror custodian of such a fund or trust; (j) directirisurers and re-insurers on the standardisation of · · . the contracts of compulsory insurance; · " . , • f )." . ·c�:-� ·-:· 1; J." (k) direct an insurer or re-insurer where the Registra� is · satisfied that the contract ofinsurance issued by the· · · :insurer orre-ins=.is obscure or contains ambiguous, . ':tenns or terms_;µi_cl conditions which are. unfair or· · · ""JJJlPressiv,e t9 tht:!p91icy-holders, to clanfy;simplify, · · 'amend or delete.th_e wording, terms·or conditions, . as.the case may be, in respect offuture contracts; and . . . . . (I) exercise and perfotm_such other poiers and :fiw.�tions_ · . . . .. · · as:I!lay be conf:erred o n the R�gi�trar by.or uncler ' . . , .:-, .!hi.�A.2t Mc!Jll�clnm�ll!lceAct, · :J : :: :":: ( 6): The Registrar, shall at all times- . ' · (a) prcite�t the·rights, benefits and other- interest oftlie · ,•members in acco,da11ce with their correspon_di,1lg .. · . pension scher.ne;: aJ) d · · · · · · · '(b) monitorthe viability cifa pension scheme. and ensure . that a pension scheme is operating on s01md financi�l · · . . · . _ .. • . ' .:_ , :' . · :· : . i\lfid actuarial,ptjqcjples. . . : . ) , . s.·. ·(1) ', :•Se�tion eigfitoftli.e principal Act is amenikcl-·. . · · - · . . • . . . ' t d r ! e ��� d $ " ? ,� 7 ·.. . ;�;:;:�:�?;?�Jr �<;- c : · · · . ;;q , . ·_. of th · • - • • < • I � , •. • > • • · · · . , ·,· ·, · (b) by_the'insertion immediately aftersubs�tion (1) oftl,e _ , . followingnewsubsections: ' · .. :_._·'·(2} - Every pension· scheme; other tha_n a'.· :$cheme estaqiished by a written law, shall. be . .. i ��ta�lished i.m�eran irrevocable trust. • _ · :�ch�me or, fund s�ll make provision for- . ; : . · ·, · _ ._. _ _ :_. (a) the�nner ofappointment or election '.ofirustees andtheir terrnof office; · . (3) Subject to subsection (2) the.rules of the, . .· . ··-. . . . . . . . . ; . . . ' . . - . . ) ;:•-, ;• _ ·, : /� . : ::.�-�- , :: · • .. • ::ActNo, 27 of · 1m · · .. . . . , _. imendm,ent . : ;., • · " · · · ·ofscctioil. 8 _ , i:{ , , > · .\ ( . ' :-:' ,'-\ : ·, . . . . ·. . a e · n· e :s d 1t 'ri to · 226 No. 27 of2005] Pension Scheme Regulation (Amendment) (b) the functions, powers and duties.of the trustees which sball include the general supervision and administration of the scheme· or fund; (c) the number of trustees of whom one half shall be appointed or elected by the members and the remainder shall be appointed by the sponsoring employer; ( d) the methods ot; and ground for, removal fromoffice of trustees; (e) the election and appointment of a chairperson of the Board of trustees and the functions, powers and duties of such chairperson: Provided that the chief executive officer of the sponsoring company shall not be chairperson of the Board of trustees; (j) the quorum at any meeting of the Board · of1rustees shall be fifty per centuin of the total number of trustees; (g) the procedure for convening any meeting; (h) the manager, administrator or custodian shall attend the meetings of the Board, . . of trustees as ex-officio member and may address those meetings but shall have no vote. (4) A person shallnotbe appointed as trustee of any scheme fund if that person- (a) has been sentenced to imprisonment by a court of competent jurisdiction for fraud or dishonesty for a period of six , months or more; (b) is adjudged bankrupt; (c) was previously involved in· the management or administration of a scheme which was deregistered for any failure on the part of the management or the administration thereof; ,•; -·· :• ' .. u e a :es ies ive my the ,ard nof any dian oard -. ·anc' shat; - ustee ntby ,nfor of six � the n of a or any ement Pension Scheme Regulation (Amendment) [No. _27 of 2005 :'?!27 (d) is disqualified under any other:written law, from holding office as such; or (e) is considered by the Board to be, in a.,y . way, detrimental to the scheme. (c) by the renumbering of subsection (2) as subsection (5). - 6 Verify source ↗
Section nine of the principal Act is amended in
This section amends wording in section 9(2) and adds a requirement that an applicant provide any other information the Registrar considers necessary for deciding the application.
6. Section nine of the principal Act is amended in subsection (2}----- Amendment ofsection9 (a) by the deletion in paragraph (b) of the words " established or managed" and the substitution therefor of the w o.rds " established, managed o r administered"; (b) by the insertion in paragraph (d) of the words " or administer " after the word " manage "; (c ) by the deletion of the word " and "at the end of paragraph (i'); ( d) by the deletion of the colon at the end of paragraph (g) and the substitution therefor of a semi colon;· and (e) by the insertion after paragraph (g) of the following new paragraph: (h) the applicant has supplied such other information as the Registrar considers-necessary in determining the application: - 7 Verify source ↗
Section ten of the principal Act is amended-·
A scheme cannot be registered under the Act unless it is set up under an irrevocable trust, the rules protect sponsors and members, and the trustees meet appointment requirements, except for schemes established by written law.
7. Section ten of the principal Act is amended-· (a) by the numbering of the paragraph in that section as Amendment of section 10 subsection ( l ); (b) in subsection (l) by the deletion of 1:he words " establish or manage" after the words " authorising the applicant to ".and the substitution therefor of the words " establish, manage or administer "; and · (c) by the insertion after subsection (l) of the following new subsections: (2) N o scheme, other than a s cheme established by a written law, shall be registered under this Act unless- ( a) it is proposed to be established under an irrevocable trust; (b) the proposed scheme rules adequately protect the rights and interests of the sponsors and members thereof; and ' - ..... . -···-· · , ·., , ... .. , ....-,:... . . ·\ll}i;;;· :, ;"ilf{[:);.\. . ------,... 228 No. 27 of2005] Pension Scheme Regulation (Amendment) Amendment of section 1 1 Amendment of section 13 ReP.eal and replacement oisection 14 Duration of certificate (c) the trustees thereof satisfy the requirements for appointment specified in the Act. - 8 Verify source ↗
Secfiofi e/even of theprincipal Act.is amended,:,-,,,. ,;'
This section amends the principal Act by adding the words “single-employer trust or” after “separate” and removing the phrase “or alternatively be affiliated to such a trust” after “multi-employer trust”.
8. Secfiofi e/even of theprincipal Act.is amended,:,-,,,. ,;' ( a) by the insertion after' the word" separate " of the words " single-employer trust or "; and (b) by the deletion of the words " or alternatively be affiliated to such a trust " after the words " multi employer trust". - 9 Verify source ↗
Section thirteen of the principal Act is amended in
This section amends subsection (3) of section thirteen by replacing the word “manager” with “trustee” wherever it appears.
9. Section thirteen of the principal Act is amended in subsection (3) by the deletion oftheword " manager" wherever · it appears and the substitution therefor of the word " trustee ". - 10 Verify source ↗
The principal Act is amended by the repeal of section
Section 10 repeals section fourteen of the principal Act and replaces it with a new section.
10. The principal Act is amended by the repeal of section fo urteen and the substitution therefor of the following new section: - 14 Verify source ↗
Subject to the other provisions of this Act, a
A certificate of registration for a scheme is valid from the date it is issued and stays in force until the scheme is deregistered or wound up, subject to the rest of the Act.
14. Subject to the other provisions of this Act, a certificate ofregistration issued in respect ofa scheme shall be valid from the date of issue and shall remain in force until the scheme is deregistered or wound up in accordance with the scheme rules or the provisions of the written law, under which the scheme is established. Insertion of new Part IIIA - 11 Verify source ↗
The principal Act is amended by the insertion
People may apply to the Board to register as a pension fund manager, administrator, or custodian, but they must be registered and hold a valid certificate before acting. The Board must consider applications, register qualified applicants on payment of the fee, issue certificates, and give written reasons for refusals.
11. The principal Act is amended by the insertion immediately after Part ill of the following new Part: Man�ement, etc of pension fund PARTIDA REGULATION OF MANAGERS AND OTIIBRS 17 A (1) A person shall not act as a manager, administrator or custodian of a pension fund unless that person is registered as such and holds a valid certificate ofregistration issued under this Act (2) A person may apply to the Board for registration as a manager, administrator or custodian of a pension fund in the presciibed form. (3) The Board shall within, siic!)(,days of the date ofreceipt of an application for registration, cm;isider the application. (4) Where the Board is satisfied that the applicant has complie4 with the requirements for registration lllPder this Act, the Board shall, on the payment of the prescribed fee, register the applicant and may re fuse to register the applicant where the Board is not so satisfied. 0 .• ,j•· .... ·.;11L· .. Pension Scheme Regulation· (Amendment) , [No. 27 of2005 229 ( 5) Upon registration the Board shall issue the applicant with a certificate ofregistration in the prescribed form. (6) Where the Board refuses to register an applicant as a manager,administratcrorcustodian,asthecasemaybe, the Board shall, in writing; furnish theapplicantconceni�.with Lliereasons � for such refusal within fourteen days of tak,\t}�}he decision. .. (7) A certificate ofregistration issued under subsection (5) shall, unless earlier revoked, be valid from the date ofissue to the thirty-first day ofDecembernextfollowing the date ofissue. (8) Aregistered manager, administrator or custodian may apply for renewal of registration three months :before the expiration of the certificate ofregistration upon payment of the prescribed renewal fee. (9) Notwithstanding the provisions of subsection (7), where · an application for the renewal of a certificate ofregistration has been made, such certificate shall continue in force until the application forrenewal is determined. (10) Aregisteredmanager, adminisfratoror custodian shall not transact any business for which the manager, administratcr or custodian is not registered under this Act. - 17B Verify source ↗
Section 17B
A person cannot be registered as a manager, administrator, or custodian unless the listed company, capacity, history, and 51% Zambian ownership requirements are met.
17B. (I) A person shall not be registered as a manager unless the person - (a) is a limited liability company incorporated under the Companies Act whose liability is limited by shares and one of whose objects is to manage pension funds; (b) has such minimum paid up share ca:pital as may be determined by the Board; (c) has thepro�essional capacity to manage.pension funds; (d) has never been involved in the management of the fund or any scheme which was deregistered due to any failure on the part of management; and (e} has shares of which not less than 5 1 percent are held by a Zambian citizen or by a partnership whose partners are Zarn bi an citizens or by a body corporate whose shares are wholly owned by citizens of Zambia. Qualification of manager, administrator or custodian Cap. 388 (2) A person shall notberegisteredasan administrator unless the person- (a) is a limited liability company incorporated under the Companies Act whose liability is limited by shares C �rr,: ' . ' l I 1 j J \ ) . ,.--�:-.': �-, .... ' . '":" · .·,:.i1ti1Ifr:f_•·:· · 230 No. 27 of2005] Pension Scheme Regulation (Amendment) and one of whose objects is to undertake administrative or s.ecretarial functions of a pension scheme or fund; (b) has such minimum paid up share capital as may be prescnoed by the Board; (c) has the professional capacity to administer a pension scheme; (d) has never been involved in the administration of any scheme which was deregistered due to any faiiure on the part of the administrator; and (e) has shares of which not less than 51 percentare held . by a Zambian citizen or by a partnership whose partners are Zambian citizens or by a body cmporate whose shares are wholly owned by citizens of Zambia. (3) A person shall not be registered as a custodian unless the person- (a) is a limited liability company incorporated under the Companies Act whose liability is limited by shares and one of whose objects is to perform the :functions of the custodian within the meaning of this Act; · (b) has professional and technical capacity and adequate operational systems to perform the :functions of custodian; (c) has never been.a custodian of any pension scheme or fund which was deregistered due to any fault, either fully orpartially, of the custodian; and (d) has shares of which not less than 5i I percent are held by a Zambian citizen or by a partnership whose partners are Zambian citizens or j:,y a body corporate whose shares are wholly owned by citizens of Zambia. ( 4) The Board may refuse to register a person as a manager, administratoror custodian under this Act on the ground that- (a) the person has not provided the Board with such information relating to the company or any person employed by or associated with the company or of any circumstance likely to affect its method of conducting business as may be prescribed by the Board; I Cap.388 l \ - 1 Verify source ↗
(1) This Act may be cited as the Pension Scheme Regulation
Registered managers, administrators, or custodians must keep a principal office in Zambia, give the Registrar its address, and report address changes within three months.
1. ' .- l . ; ' ; I i / I ! ! :�::11 _:/ifo.: Pension Scheme Regulation (Amendment) [No. 27 of2005 231 {b) any director of the company has become mentally or physically incapable of performing the dutie� of a manager, administrator or custodian; (c) any director of the company is an undischarged bankrupt; ( d) it appears to the Board that the company should riot be registered because the company or any director, controller, secretary, employee or officer concerned in the management of the company has been convicted, whether in Zambia or elsewhere, o.f an offence involving fraud or dishonesty, or has been convicted of any offence under this Act; (e) it appears to the Board by reason of any other circumstances which either· are likely to lead to improper conduct ofbusiness by, or reflect discredit on the method of conducting business o f the company; or (j) the Board has reason to believe that the company will not efficiently, honestly and fairly perform the duties required ofit under this Act. (5)Amanager, administra,tor or custodian in operation on the date of the commencement of this.Act shall comply with the requirements of shareholding by �ambian citizens within two years from the date of the commencement of this Act. · 11c. (1) Aregisteredrnanager, administratororcustodian shall maintain a principal office in Zambia and shall furnish the Registrar with the address of the office. P r i n c i p a l office (2) Where a registered manager, administrator or custodian changes the address of the principal office the manager, administrator or custodian shall notify the Registrar of the change ofaddress within three months of making the change. (3) A manager, administrator or custodians who contravenes subsections (1) and (2) shall be liable to pay to the Board a penalty of one thousand fee units for each day the contravention continues. - 17D Verify source ↗
(I) Every registered manager, administrator or custodian
Registered managers, administrators, and custodians must get the Registrar’s approval before appointing a chief executive officer and provide specified personal and qualification details.
17D. (I) Every registered manager, administrator or custodian shall, with the approval of the Registrar, appoint a chief executive officer and shall, for the purpose of such approval, notify the Registrar of the following: (a) the full name and address of the officer; {b) the date and place ofbirth of the officer; (c) the officer's citizenship; Appointment chief of e x e c u t i v e officer , · ��; � _) -"\ ' , , · I . ' ny u-e Id ;e te >f rl :··:tr ··�\\?.?e : . 1:}�: � 232 No. 27 of2005] Pension Scheme Regulation (Amendment) (d) the officer's academic and professional qualifications; and (e) work experience and record of employment. (2) The Registrar shall not a PP.rove the appointment of any person as a chief executive officer unless the Registrar is satisfied that the person- (a) is resident in Zambia; (b) has served in the pension fund or the financial sector or in.dustzy in a senior management position for a period of not less than- ,- (i) ten years in the case.of a manager; (ii) ten years in the case ofa cµstodian; and (iii) seven years in the case of an administraior; (c) has power of attorney sufficient to allow the person to act for the registered manager, 'administrator or custodian in all matters necessary to secure the · compliance of the miin?ger, administrator or custodian with the provisions of this Act and regulations made under the Act; and (d) is not disqualified by this Act from appointment, and is in all respects a fit and proper person to be the chief executive officer of the manager, administrator or custodian. ' (3) · A copy of the power ofattomeyreferred to in paragraph ( c) of subsection (2) shall be lodged with the Registrar immedia_tely after any appointment of a· chief executive officer. ' ( 4) If it appears to the Registrar that the person appointed as chief executive officer of a manager, administrator or custodian is not a fit and proper pers9n to hold office as such, the-Registrar; after giving the person concerned an oppotunity to be heard, may if the Registrar thinks fit, bynotice in writing to the manager, administrator or custodian, direct the manager, administrator or custodian to revoke the appointment with effect from the tinie specified in the notice. · (5) A notice under subsection ( 4) shall specify the reas�ns for the Registrar's decision to revoke the appointm�nt of the chief executive officer and shall require the manager, administrator or custod/an to whom the notice is addressed to comp!)'. with the notice. (6) The minister may, on the advice of the Board, by statutory instrument, extend the provisions of subsections (1) to (5) with .... "' ' .. ., ,�, '·i . -, .. ' J n e a ) r r f Pension Scheme Regulation (Amendment) [No. 27 of2005 233 necessary modification, to any office having duties of a kind prescnoed in thatstatutory"instnnnent in relation to the business of the manager, administrator or custodian. (7) �n officer or employee of a manager, administrator or custodian shall not oe an officer or employee of another manager, administrator or custodian. (8) Any person who contravenes subsection (7) commits an offence and shall be liable, on conviction, to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding twelve months or to both. - 12 Verify source ↗
Section eighteen ofth�principa!Act is amended
A defined benefit scheme must do actuarial valuations on the stated schedule, and the Minister may regulate minimum interest rates for portable benefits on the Board’s recommendation.
12. Section eighteen ofth�principa!Act is amended- (a) in subsection (I) by the deletion of paragraph (d) and the substitution therefor of the following new paragraph: ( d) if it is a defined benefit scheme, during the first four years after registration, carry out an actuarial valuation every two years, thereafter at least every three years so as to review and determine the sound funding of · the pension scheme;. (b) in paragraph (b) of subser.tiQD (3) by_the insertion after the words " retfrement pension " of the words " to be determined by the scheme actuary ". (c) ·by the insertion immediately after subsection (3) of the followingnew.subsection: (4) For the purposes of this section the Minister shall, on the recommendation of the Board, by statutory instrument, regulate the . minimum interest rates to be applied when · calculatingtheportable benefits. - 13 Verify source ↗
Section nineteen of the principal Act 1s amended by the
This provision amends section 19 of the principal Act by deleting specific words.
13. Section nineteen of the principal Act 1s amended by the deletion of the words " manager in consultation with the ". - 14 Verify source ↗
Section twenty of the principal Act is amended by the deletion
This section amends section 20 of the principal Act by replacing “A manager” with “The board of trustees”.
14. Section twenty of the principal Act is amended by the deletion of the words " A manager" and the substitution therefor of the words · "Theboard of trustees ". - 15 Verify source ↗
Section 15
This provision amends subsection (5) of section 21 of the principal Act by adding “or trustee” after “manager.”
15. ·Section twenty-one of the principal Act is amended in subsection (5) by the insertion after the word" manager" of the words " or trustee ''. - 16 Verify source ↗
Section twenty-two of the principal Act is amended by the
Section 22 is amended by replacing “A manager” with “The board of trustees.”
16. Section twenty-two of the principal Act is amended by the deletion of the words " A manager "and substitution thereof of the words·" The board of trustees ". Amendment of section 18 Amendment of section 19 Aniendment of section 20 Amendment ofsection 21 Amendment of section 22 ;r ; I i r . I. i i .I ' ' ' I J ' ' . . · 234 No. 27 of 2005] I Pension Scheme Regulation (Amendment) Amendment of section 23 - 17 Verify source ↗
Section twenty-three of the principal Actis amended
A person who contravenes subsection (6) must pay a late submission penalty of 1,000 fee units for each day the annual report is late.
17. Section twenty-three of the principal Actis amended- ( a) in subsection ( 1) by the deletion of the word "manager "and the substitution therefor of the word " trustees "; (b) in subsection ( 6) by the deletion of the word" manager" and the substitution therefor of the word " trustees "; and (c) by the insertion after subsection (6) of the following new. subsection: (7) Anyperson who contravenes subsection ( 6) shall be liable to pay a late submission penalty of one thousand fee units for each day the annual . report is late. Amendment of section 24 Repeal and replacement of section 25 Jnvestmentof funds - 18 Verify source ↗
Section twenty-four ofthe principal Act is amended in
This provision amends subsection (2) of section 24 by replacing the word “manager” with “trustees.”
18. Section twenty-four ofthe principal Act is amended in subsection (2)- b y th e deletion of the word �• manager " and the substitution therefor of the word "trustees ". - 19 Verify source ↗
TheprincipalActisamendedbythe repeal ofsection twenty-
This section amends the principal Act by repealing section 25 and replacing it with a new section.
19. TheprincipalActisamendedbythe repeal ofsection twenty- five and the substitution therefor of the following new section: - 25 Verify source ↗
(1) The trustees may invest in such type of investment as may
Trustees may invest only in investments approved by the Registrar; pension funds must not make unsecured loans to affiliated employers; secured loans to employers are capped at five per centurn of total assets.
25. (1) The trustees may invest in such type of investment as may be approved by the Registrar. (2) A pension fund shall not make unsecured loans to an affiliated · employer: Provided that any secured loan to an employer shall not exceed five per centurn of the total assets of the pension fund. (3) The Minister may, on the recommendation of the Board, by statutory instrument, issue,investment guidelines relating to the limits fcir investment cat_egories: . . Provided that the Minister may, on the recommendation of the Board, by statutory order, permit a pension ft\nd to invest and maintain outside Zambia for the benefit of members not more than thirty per centurn of the net assets o[th e _pension_fun..d subject to agreement between the trustees and the fund rnanag� Amendment of section 26 - 20 Verify source ↗
Section twenty-six ofthe principalActis amended
Trustees must prepare quarterly returns on pension fund investments and give them to the Registrar within 14 days after each quarter ends.
20. Section twenty-six ofthe principalActis amended- (a) by the deletion of subsection (l) and the substitution therefor of the following: · (1) The trustees shall prepare quarterly returns in the prescribed form relating to the investment of pension funds, and shall fuprish the returns to the Registrar within foµrteen days after the end of each quarter; and .... , .. .. Pension Scheme Regulation (Amendment) [No. 27 of2005 235 (b) by the insertion after subsection (2) of the following. new subsections: (3) For pUipOses ofsubsection(l), thefirst quarter ends. on thirty-first March, the second·· quarter ends on thirtieth June, the third quarti:r ends on thirtieth September and the fourth q• ends on thirty-first December of each year. ( 4) Any person who contravenes subsection (1) shall be liable to a late submission penalty of five hundred fee units for each day the quarterly return is late. - 21 Verify source ↗
Section twenty-seven of the principal Act is amended
Section 27 of the principal Act is amended by replacing “a manager” with “any trustee”, changing punctuation after “scheme”, and deleting the proviso.
21. Section twenty-seven of the principal Act is amended-. (a) by the deletion of the words " a manager " and the substitution therefor of the words ''. any trustee "; (b) by the deletion of the colon after the word " scheme " and the substitution therefor of a full-stop; and {c) by the deletion of the proviso. - 22 Verify source ↗
Section twenty-eight of the principal Act is amended
This section amends section 28 of the principal Act by replacing references to "the manager" with "the trustees" in several subsections.
22. Section twenty-eight of the principal Act is amended- (a) in subsection ( 1) b y the deletion, of the words " the manager " and the substitution therefor of the words " the trustees "; (b) in subsection (2) by the deletion, of the words " A manager " and the substitution therefor of the words "The trustees ,, . (c) in subsection (3) 'b y the deletion, of the words " The manager ''. and the substitution therefor of the words " the trustees "; and . {d) in subsection (5) by deletion, of the words "A manager " and.the substitution therefor of the worqs " The trustees ". Amendment ' of section 27 Amendment of section 28 Amendment of section 29 - 23 Verify source ↗
Section twenty-nine of the principal Act is amended
Section 29 of the principal Act is amended to replace references to “manager” with “trustees” in several subsections.
23. Section twenty-nine of the principal Act is amended- {a) in paragraph (a) of subsection (2) by the deletion of the word " manager " and the substitution therefor of the word " trustees "; (b) in paragraph {c) of subsection (2) bythe deletion of the word " manager " and the substitution therefor of the word " trustees "; (c) in subsection (3) by the deletion of the word " manager " and the substitution therefor of the word " trustees ", and_ 1 ) f s e ll y .e ,e :r ' . ·-·· ' . ·--� . . �·- .. ;ti:tj;:; ;.: ,: '. ":·!tcil!i·-' ,,. t ,, .. ,., ·JJ:,; , - ' ; " " i 236 No. 27 of2005] Pension Scheme Regulation (Amendinent) Insertion of new section 29A Imposition of levy (d) in subsection ( 4) by the deletion of the word " manager·" and the substitution therefor of the word - 24 Verify source ↗
the pi-incip'a1 Aci'is amend�ii 'by the insertion immediately
This section appears to amend another provision by inserting the word “trustees” after section 29.
24 . .. the pi-incip'a1 Aci'is amend�ii 'by the insertion immediately " trustees ". after section twenty-nine of the followfug'new section: - 29A Verify source ↗
Section 29A
The Board may impose a levy on pension fund net assets or insurance premiums, with Ministerial approval, and the Minister may prescribe the levy rate by statutory instrument.
29A. (1) The Board may, with the approval of the Minister, impose such levy- (a) on thenetassets ofpension funds; _(b) on insurance premiums paid to insurers and re-insurers; on such base as the Board may detennine. (2) A levy imposed under this section shall be payable at such rate as the Minister may, on the recommendation of the . Board, by statutory instrument, prescribe. . (3) The statqtory instrument made under subsection (2) shall specify the tirne_atwhich any amount payable byway of the levy under this section shall become due . . ·' ( 4) !µl moneys rece_ived in respect of the levy shall be paid to the Authority and if not paid on or before the date stated in the Registrar's regulatory statement as provided under section _ thirty-eight the amount due and any sum payable under this section shall b e a civil debt recoverable summarily by the Authority: Amendment of section 30 Insertion of new section 30A Penalty for late remittance of pension contributions - 25 Verify source ↗
Section thirty of the principalAct is amended by deletion of
This provision amends section thirty of the principal Act by replacing the words “Amanager” with “The trustees, administrator or manager”.
25. Section thirty of the principalAct is amended by deletion of the words " Amanager " and the substitution therefor of the words " The trustees, administrator or manager". - 26 Verify source ↗
_The principal Act is amended by the insertion imm�diately
This provision amends the principal Act by inserting a new section immediately before section 30.
26. _The principal Act is amended by the insertion imm�diately before section thirty of the following new section: - 30A Verify source ↗
From the date of the comrnencement ofthisAct, any
Employers must remit pension contributions to a pension fund within 30 days after month-end, or they must pay interest and a daily penalty.
30A . . From the date of the comrnencement ofthisAct, any employer who does not remitperision contributions to a pension fund within thirty days after the end of the morith to which.the contributions relate shall be liable to pay interest on the contributions at the Bank of Zambia rate and a penalty of one thousand penalty units for each day the remittance of the contributions is late. Amendment of section 32 Amendment of section 33 - 27 Verify source ↗
Section thirty-two of the principa!Act is amended by the insertion
Section 32 is amended to insert “administrator or trustee” after “manager”.
27. Section thirty-two of the principa!Act is amended by the insertion after the word" manager" of a comma and the words" administrator or .. troste� ". - 28 Verify source ↗
Section thirty-three.of the principafAct is amended
The Board may deregister a pension scheme on the Registrar’s recommendation if the manager has breached the Act, regulations, or pension plan rules, or if the scheme is wound up under regulations prescribed by the Minister on the Board’s recommendation.
28. Section thirty-three.of the principafAct is amended- (a) by the deletion of subsection (1) and the substitution therefor of the following subsection: . ' .. ·� . --�ffi:.� . Pension Scheme Regulation (Amendment) [No. 27 of2005 237 ( 1) The Board, on the recommendation of the Registrar may d�egister a pension scheme if- ( a) it appears to the Board that the manager.has c�vened or failed to comply with any �(r•' . proVIsion of, orrequireinent under, tliis Act or regulations made under this Act or the pension plan rules; or ,.,:,:,rr-· .,r ' r • . ·, "' · : (b) it is wound-up in accordance with such regulations as the Minister may, on the recommendation of the Board, prescribe.; (b) in subsection (2)-:- . (i) (it) by the deletion of the word "Registrar " and the . substitution therefor of the word " Board "; and by the deletion of the word " he " after the words " so far as " and the substitution therefor of the words " the Board "; (c) in subsection (3) by the deletion of the word " Registrar" wherever it appears and the substitution therefor of the word " Board "; (d) in subsection (6) by the deletion of the word " Registrar " and the substitution therefor of the word " Board " (e) m subsection (7) by the deletion of the word ''Registrar " and the substitution therefor of the word." Board ". (f) in subsection (8) by the deletion of the word " Registrar " and the substitution therefor of the word " Board ";. and (g) m subsection (9) by the deletion of the word " Registrar " and the substitution therefor of the word " Board ". - 29 Verify source ↗
Section thirty-four of the prmcipalAct is amended
This section amends section 34 of the principal Act by replacing “Registrar” with “Board” and “his” with “its” in the specified subsections.
29. Section thirty-four of the prmcipalAct is amended-. ( a) m subsection (I}- Amendment oJsection 34: . (i) by the deletion of the word " Registrar " and the substitution therefor of the word " Board "; and (ii) by the deletion of the word " his" and the substitution therefor of the word " its "; and (b) in subsection (2) by the deletion of the word " Registrar " and the substitution therefor of the word " Board " - 30 Verify source ↗
Section thirty-five of the principal Act is amended by the
This provision amends section 35 of the principal Act by replacing the word “Registrar” with “Board.”
30. Section thirty-five of the principal Act is amended by the deletion of the word " Registrar " and the substitution therefor of the word " Board ". Amendment ofsection35 ' e; - . - 31 Verify source ↗
Section thirty-six of the prmcipa!Act is amended by the deletion Amendment
Section 36 is amended so that the word “Registrar” is replaced with “Board” wherever it appears.
31. Section thirty-six of the prmcipa!Act is amended by the deletion Amendment ofsection 36 of the word " Registrar " wherever it appears and the substitution therefor of the word " Board ". ly 1e s· ' at le 111 ry id in m .is 1e of :Is ly .1y Jn he he ne he Jn or 'or ., _ _ ,;, I I i ' 1 , : ;"t""--,r--•�• . ---�tit{ . \ . L . ' i i i ,. ' r ! I I \ l 238 No. 27 of2005] Pension Scheme Regulation (.4mendment) Ameildment of =ion 37 - 32 Verify source ↗
Section thirty-seven of the principal Act is amended
A person aggrieved by certain Board refusals or decisions may appeal to the Minister within 30 days. A director or officer who consented to or connived in an offence by a manager, administrator, or custodian is treated as having committed the offence and may be fined, imprisoned, or both.
32. Section thirty-seven of the principal Act is amended- (a) by the deletion of subsection (l) and the substitution therefor of the following new subsection: (I) Any person aggrieved by the Board's (i) refusal to register a pension scheme; (ii) refusal to register such person as a manager, ad.-ninisrrator or custodian, as the case may be or to renew a certificate of registration on its expiry; or (iii) decision to de-register a pension scheme; may appeal to the Minister within thirty days after receiving notification of the Board's refusal or decision. (b) in subsection (3) by th� deletion of the word " Registrar " and the substitution therefor of the word " Board"; and (c) in subsection (4) by the deletion of the word " Registrar " and the substitution therefor of the word "Board ". Amendment of section 42 33c-Sectionforo,0two oftheprincipalActis amended-=- (a) by the insertion after subsection (3) of the following new subsection: ( 4) Where an offence under this Act committed by a manager, administrator or custodian is proved to have been committed with the consent or co1mivance of any director or officer, such director or officer shall be deemed to have committed the same offence and shall, on conviction, be liable to a fine not exceeding ten thousand penalty units or to imprisonment for a term not exceeding twelve months, orto both.; and !_ Insertion of new section 42A Inspector to furnish report Insertion · of new. 44A ri$1\!:" References to Registrar (b) by the renumbering of subsection (3) as subsection ( 4). - 34 Verify source ↗
The principal Act is amended by the insertion immediately affer
The principal Act is amended by inserting a new section immediately after section 42.
34. The principal Act is amended by the insertion immediately affer sectionforo,-two of the following new section: - 42A Verify source ↗
Each inspector shall furnish the Board with such reports
Each inspector must provide the Board with inspection reports and other information the Board directs.
42A. Each inspector shall furnish the Board with such reports and other information relating to.an inspection as the Board may direct. - 35 Verify source ↗
The principal Act is amended by the insertion immediately after
The principal Act is amended by inserting new sections after section 44.
35. The principal Act is amended by the insertion immediately after section forty-four of the following new sections: - 44A Verify source ↗
On or after the appointed date, reference in any written
After the appointed date, any reference to the Registrar of Pensions and Insurance in written law or other legal documents must be treated as a reference to the Registrar appointed under section 7.
44A. On or after the appointed date, reference in any written law or any other legal document to the Registrar of Pensions and - t�111' --t';{; . Pension Scheme Regulation (Amendment) [No. 27 of 2005 239 Insurance shall be read and construed as references to the Registrar appointed under section seven of this Act - 44B Verify source ↗
(1) On or after the appointed date, there shall- be
The Registry Office’s affairs, property, rights, and obligations transfer to the Authority on or after the appointed date, subject to the Act.
44B. (1) On or after the appointed date, there shall- be transferred to, and vest ih, or subsist against, the Authority by virtue ofthisAct and without further assurance- Vesting of assets of R e g i s t r y Office (a) the affairs of the Registry Office and (b) subject to this Act, allproperty, rights and obligations which innnediately before the appointed date were the property, rights and obligations of the Registry Office. (2) Except as provided in this Act, every deed, bond and agreement(otherthananagreementforpersonal service)towhich the Government was a party immediately before the_ · -commencement of this Act in respect of the Registry Office, whether _in writing or not, and whether or not of such a nature thatrights, liabilities and obligations thereunder could be assigned, shall, unless its subject-matter or terms make itimposs,ble that it should have effect as modified in the manner provided by this subsection, have effect as from the date of the as signrnen t thereof, as if- (a) the Authority had been a party-thereto; (b) for any reference to the Government there were substituted, as respects anything falling to be done on or after the appointed date, a reference to the Authority; and (c) for anyreference to any officer of the Registry Office not being a party thereto and beneficially interested therein there were substituted, as respects anything falling to be done on or after the commencement of thisAct,.a reference to such officer of the Authority' as theAuthority shall designate, (3) Subject to the provisions of subsection (2), documents, other than those referred to therein, which refer specifically or generally to the Registry Office shall be construed in accordance with subsection (2) as far as applicable. - 44C Verify source ↗
(1) Where under this Act, any property, rights, liabilities
When property, rights, liabilities, or obligations are deemed transferred to the Authority, the Authority must apply in writing for registration, and the registration authority must update the register and related records.
44C. (1) Where under this Act, any property, rights, liabilities and obligations of the Government through the Registry Office are deemed transferred to the Authority in respect of which Registration of property to be transferred by Government : ,,. _ _ · r�;11�it�:�--:,';-� 240 No. 27 of2005] Pension Scheme Regulation (Amendment) transfer a written Jaw provides for registration, the Authority shall make an application in writing to the appropriate authority for registration of the transfer. · (2) The registration authority referred to in subsection (1) shall make such entries in the appropriate register as shall give effect to such transfer and, where applicable, issue to the transferee concerned a certificate of title inrespectofthe property or make necessary amendments to the register, as the case may be, and shall make endorsement on the deeds relating to the orobligation concerned, and no registration fees, title, right stamp duty or other duties shali be payable in respect thereof. - 44D Verify source ↗
(1) Witho.ut prejudice to the other provisions of this
This section lets the Authority and other persons use the same rights, powers, and remedies needed to confirm or complete rights or liabilities vested in the Authority, and it lets certain Registry Office proceedings continue or start against or by the Authority.
44D. (1) Witho.ut prejudice to the other provisions of this Act, where any right; liability or obligation vests in theAuthority by virtue of this Act, the Authority and all other persons shall, as from thecommencementoftlrisAct, have the same rights, powers and remedies (and in particular the samerightsas totbe instituting or defending oflegal proceedings or the making or resisting of applications to any authority) for ascertaitring, perfecting that right, liability or obligation as they would have had ifithad at all times been a right, liability orobligation of the Authority. · (2) Any legal proceedings or application of any authority pending immediately before the commencement of this Act by or against the Government in respect of the Registry Office may be continued by or against the Authority. (3) After the commencement of this Act, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the Government in respect of the Registry Office may be instituted by or against the Authority. - 44E Verify source ↗
(1) On or after the appointed d;ite, the Board shall on
The Board must appoint necessary Registry Office public officers as Authority officers on or after the appointed date, with the Minister’s approval.
44E. (1) On or after the appointed d;ite, the Board shall on such terms and conditions as· it may, with the approval of the Minister, determine appoint as officers of the Authority such public officers from theRegi_stry Office asmay be necessary for the perfonnaoce of the functions ciftheAutJi.ority. (2) Where an officer from the Public Service is appointed to the service of the Authority-. (a) the terms and conditions of service with the Authority shall not be less favourable than those the officer enjoyed in the Public Service; and (b) the officer shall be deemed to have retired under section thirty-nine of the Public Service Pensions Act. f � .. ": > • -�,t�{!;�,:�· ._· Legal proceedings Staff of Registry Office ActNo.35 of 199.6 •·:..• ·· ., '}f�f!F • ;.� --;,. . . · Pension Scheme Regulation (Amendment) [No. 27 of2005 241 (3) On or after the appointed date public officers from the Registry Office who are not engaged by the Authority under subsection (2) shall be retained by the Government and shall- -. (a) be redeployed in the service of the Government; or (b) be retired lll!der section thirty-nine of the Public Service Pensions Act - 36 Verify source ↗
The principal Act is amended by the insertion after Part Vl of
This provision adds a new schedule about the Authority’s administration, including who controls the seal and who may authenticate or use it.
36. The principal Act is amended by the insertion after Part Vl of the new Schedule set out in the Appendix to this Act. ActNo. 35 of 1996 Insertion _of new Schedule APPENDIX (Section 32) FIRST S.CHEDULE (Section 4} PARJ'I AnMJNJSTRXl'ION OF AllrrlORITY ii;'(!) The seal of the Authority shall be such device as may be Seal of Au!hority determined by the Board and shall be kept by the Secretary. (2) The affi,"Cing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or any other person authorised in that behalfby a resolution of the Board. (3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be lll!der seal, may be entered into or executed without seal on behalf of the Authority by the Secretary or any other person generally or specifically authorised by the Board in that behalf. ( 4) Any document purporting to be a document under the seal of the Authority shall be received in evidence and shall be deemed to be so executed or issued, as the case may b.e, without further proof, unless the contrary is proved.
Part
Schedule
- 2 Verify source ↗
The principal Act is amended by the deletion of the long title
A Board member serves for three years, may be re-appointed once for another three years, and may stay on for up to three months after expiry until a successor is appointed. The office becomes vacant in specified circumstances.
2. (1) Subject to the other provisions of this Act, a member of the Board shall hold office for a period of three years from the date of appointment and shall be eligible for re appointment for one further term of three_years. (2) The office of the member shall become vacant- (a} upon the member's death; (b} if the member is absent without reasonable excuse frorrfthree .consecutive meeting of the Board of which the member has had notice; Tenure of office and vacancy i J ' l '\ l. - l @ 1· I i i '· 1 l, ;t .e ill ,e :h br ity ;er ion • -' '"-'; ' ,. . ' {,· " L • ! 242 No. "l,_7 of2005) Pension Scheme Regulation (Amendment) (c) on ceasing to be a repres�tative of the organisation which nominated the member; (d) if the member becomes mentally or physically incapable of performing the duties of a member of the Board; . (e) _if the member is declared banlcrupt;. (f) if the member is convicted of an offence involving fraud or dishonesty; or (g) if the member is convicted of an offence against any other written law and is sentenced to a term of imprisonment of not less than six months without the option of a fine. (3) On the expiration of the period for which a member is appointed the member shall continue to hold-office until a.successor has been appointed but inno case shall the further period exceed three months. - 3 Verify source ↗
Section three of the principal Act is amended
If a member’s office becomes vacant before the term ends, the Minister may appoint a replacement, who serves only for the remaining term.
3. Whenever the office of a member becomes vacant before the expiry of the tenn of office, the Minister may appoint another member in place of the member who vacates office but that member shall hold office only for the unexpired part of ·theterm. - 4 Verify source ↗
(1) Subject to the other provisions of this Act, the.Board may
The Board can manage its own procedure, and the Chairperson controls meeting notices, special meetings, and some meeting logistics.
4. (1) Subject to the other provisions of this Act, the.Board may regulate its own procedure. (2) The Board shall meet for the transaction ofbusiness at least every three months at such places and times as the Chairperson may determine. (3) The Chairperson maY, upon giving notice ofnot less than fourteen days, call a meeting of the Board and shall call a special meeting to be held within fourteen days of receipt of a written request to the Chairperson by atleast five members of the Board.· •. (4) If the urgency of �ypartic�armatterdoes·notpennit the giving of such notice as is required under subsection (3), a special meeting _may be called by the Chairperson, upon giving a shorter notice. . (5) Five members of the Board shall form a quorum at any meeting of the Board. (6) There shall preside at any meeting of the Board- (a) the Chairperson; . (b) in the absence of the Chairperson, the Vice-Chairperson; or . (c) in the absence of the Chairperson and theVice-Chairperson such member as.the members present may elect for the · purpose of that meeting . . . (7) A decision of the Board on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a ·1 -�of vacancy .,Proceedings of Board ---- :·:· ·- .. I ·· . ....... '. ,, Pensio11.Scheme Regulation (Amendment) casting vote in addition tci the deliberative· vote. ,' _-_ ,·. [No, 27 of 2005 24� · : ., (8)TheBoardmayinviteanyperson, whosepresenceisinitsopini6n desirable, to attend and fo participaie in the dehoerations of the meeting of the Board but sucliperson shall have no vote . . ··�-, (9) The validity of any. proceedings,' act oi: decision ofthe·Board shall not be affected by any vacancy in the membership of the Board· or by !lJlY defect in the appointment of.any. member or by reason that any person not entitleiito·do s.o tookpart in the proceedings. . . ' $ ·:\?-'<,.. .. . ·fit_ · , .. A' · '. . . . :; · .. . .. • . ���-:)r"{\".,: : .. . :_.- '/ :. -� .· . :�• 5 •. (!) The Board may;forthe piirpose of performing its functions . \lllderthisAct, constitute.suchcommittees .as itconsjdersnecess;uy . .. anci may delegate ,t_o any �1tel;'su9h ofi�_�cti9ps,as it considers . _-' .. .... -. �-� . :. ?:_ . . (2)�e�oard may. appowt as.memberscifa·connnittee, person� who are, o,are not, immibers of the I¼oll!d,,exGept•thatat least one . . membetor'a committee·shailbe a m�l,eroftheBoard. · · (3)Aperson serving as a member .of a 6omrni�� shall,hold office· . f9rsuqj;;pj!ri9d as,the,B�ar�:n;ay,deterinine;> -,: - · , • .. :,,/t.:.':< '.' · . . · (4) s�hject to any spe�i:qc or general dir�ctions of the 13i>;;;d,'a . . commi�may regulate its own procedure. . :. · · · · ' · · . . :,. ·•. \·t�'J .· .. '':, ,· . , . �- --;· , . Committees ofBoan\ .6. The members of the; Board or any cominitie� sha)l be pajlsu�h . ' allowance as the )3oard may, with. the approval of. the Mini�ter, detennine. ·.7. (l)Ifa member orperson isprese;i(at���eting oftheBoard . Disclosure of. Allowances .. of memb.ers · · st intere ·or any committee of the Board at which any matter is'the subject of · c9nsideration and in wlµch matter the. 111embp-qrper,;<lfl o.r then;ember. · · . or person's spous.i is directly or indirectlyin�d in a private capacity, · the, meml;ler �r person _s!_JaH, as sc,9n_ a,s,.i� pra.ctjqa9J_e,. after· the : :commencement of the nieeiingi d,eclare such ·;µterest ;iµd sha!Fnot, . :. · unless the Board or-the·committee other.wise directs, take part in any. • . �onsidera'.tiono�disctission �f, orvote oO:; ai/Y-���ti�n t�\!Chingtliat . ��er._._;-..· _.·.-:I- -... . /·::_\}} _: ?-�/; ( .. /. · . ."-:·.: . ....-_.�_/·-· .·. ·: }i/ .. �� � ·-:�·/ ; :: ·�_·:.\·':·:�.:'.: ·:: , · (2) A de91:iratioii of jpforest nmde under subsection ( !)shall be · . 'recorded in.the minutes of(4e; meeti1m at:w.hichitis made,: , ., , ·. · i : , . S. (1) Aperso�·shall not without the cons�tin wtjting given by, ot . .on behalf of, the Board, publjshpr disclose to, any per�onpther than publication :- . · · - in tlie'course of duties,' the conteni:s·of any document, cm:nmunication, or 'or information which relates (<l, and whicl) has ,cqtne to. the per�on's, · . . knowledge in the course of the person's duties under trns Act. : ".;: · · . ·Prohibition ."of . disc�_osu� . . , . ' · · ·, · · . (2) An},'pers.on �ho kno��gly-�ontravenes the provisions of . suqsection (1) coi,mnits an offence and shall be liable, upon conyiction, � . . ' · .... . ; . . . ', ' . ,.' t , . ·. ·. 1· . , . . ·• .. , . . . . : .. \ - . . ·. > • • ·;-: -' . . •• .... .. ,. . �. :::\/:..�. : :. · 1· • J • • ,, .. : I. . '• . . . •· : / .-. · .. . :i ' . ·,. �-r . !: o/� ". of20� p'"'f 7,,:;';::;:'""'''.' . D e p u t y Registrars; Secretary and other staff , .. : ... ; . . . . . • . · . _ : . .. and· . : ·:.::. .. · . .' . - ·.' · to a fine not exceeding ten thousand penalty units or to imprisonment�f'f; : • :-,·,;-· · fora termnotexce.eding'three mbnths, orto_both.,. •. . .,)o1t· \_ .. . . . ;:"· . ·�' '· ·. {a) a Deputy Registrar wh6 shall ))e respon"sililii'for insurance;: . .. ::-_ . . . · : · .' . ·.·.,•.:r><� . - 9 Verify source ↗
· _(l).TheBoard shall appoint-,
The Board must appoint a Deputy Registrar, Secretary and other necessary staff, and the Deputy Registrar must meet stated qualifications.
9.· _(l).TheBoard shall appoint-,- . . · · ... (b) a Deputy Registrar who shalj be respons1ble for pensions'. :, •. . . . (2) A person shall not be appointed as Deputy Registrar unless the : r . . person )1as qualifications and experieoce in actuarial analysis, business:_,'. ... ·:tnllilagemeot, law or accounting. ·· . . . : : . (3) TheDeptityRegistrarreferredtoinsub-paragraph (2) shall-. :·. : ·. · · .· . •. ·::, . ; , : ·'(a) assist tile Regj�tr� in th�' . . !. . ·. ··: :, .· .. (b) dis�harge the functions qfthe Registrar if the Registrar is . -,'· : absentorisforanyreasonunabletodischatgethefuq�\iops . · ··. . . j:,�o��� �fihe Regi�;�_ .. : , . 11utiesunderthisAct; and .i ·: . . . . . . .. ... . , .. ·. · ' . . . : : · : "", ..· . · . •,\ .. . · . . · . ·- . . ' . . . . . . . . . •tiftheRegistrar's office. : .·/• • · ::; ;. ::· , .. _-,.· .. •., . . .... �,. : . •' . 'S.·,r(4) TheBoards�l! appointas�::i:etaryaoc;i�lioth�r staff of the . · . . ·.·Authorityasitconsiders.neces·seyfortli�perfoimariceot'its:fi.\nctions• · >underthisAct. : •· ·••.· . . : ·.·, . :( 5) Th� Bo�� ;h�;l, with the appi:o;al of the Mmister, deteriniri� . the terms and conditions of service of the Deputy Registrars, Secretary · ·. .: im.d.st1'fi:of.theAuthority . . •.. · · •,.• .,., .. , · : :. · .: ·:· ' · . .. · · ' ' · : . . . . �= ' . · . . • • ·' . . . . .; --.· ,,;. · .. ·., · .• ··::: . ' .· . < :, < '.':. ', . . . :- · - :Fimds�f · .. · • .. Authonty ·· .. · · . · . . ·. · ·._ , ·. f ·, •.. • _. ; · : · " '. ' · . · · _.:,•. · · . :: : _- . · '. , • • · , • . / ·• -;'· ,. :_· _ .: . · . ··. , " ' · . , :_-- . ' ' (b) beJ)�jdtojheAutjtority�y,way ofloan�,�ts or<!<;>,naJ:!Plll?; .• · • .... • . .. . . . "; '· (c) be paid t9 'theAuihority from a levy which may be imposed, . · . . � .· . . i ·/'.._,:.<\\;}f:_\;;t��:w;�:s····· •:::· \>:: ·,.' t,·:-,i\::':. ·•:;· · .. •cc10;-(l)'D]e funds'of_the,Aut:J:,.ority shall p,on�ist,of�u�h .. money,as . . : : . ·· · . Jna . . -.if· .'(d) be·���;:���ie�:s;. �;;;:lia�e?ii' �or·�;;�;��� �t·th; ·:· . ' . ''.�.-\��l:µioii�;·' .-i.� _.:;;t.'··: .':�.{(/.:· �·\: /.:•. <·: .. ·;.,::: <�:-.. :: __ ... .' ;: . .;:·<·�::\:·:',,.-:.� .. : . ::: : . ·. . "'. , , : ,-;-: .•;: : : ',: ,,_, . - . -, .... · - . ·, · . ·,. �.'· . . / •· · . � •, · , , y- , . . . . . . . • ' · . . . . ' ' . . ' · . . •· i:>n the net assets ;ifpen�imi'iimds 6r_insuraµce.ptf;IlliU1TIS · , , . . : ·· : <·:< . ·. · ; . ins\.u:ers andre-insurers; ai:i1!<': ,-' : · , · ,paidto . . . . . ·. . . • . . , ·� I ,, . . . . .• > . :, . . . {d)vestin6raccrueto·theAuthority. ·: · .: · . . . , , .'· . · · · ' :, '· / .' :· •. ·.;:.-: • · ' (2)TheAuth�rityrnay- . ,:·. ·. , , . . ':·' · ,,: ': (a) accept money\; byi'a� °iif gratl�O�don#fiqns fi:oi,n i\11YSO�e ... •/. : . ·. ·• •·: : ·iri�bia; and .. ·-.-,:.' .· . . · : · ·. :: , ·:;_:·: ·_ : . >'. '(b) subj e'ctto the approv;i!'of the fy,[inister, raise by way ofloaru, . · .. cir other.wise, su¢h moneys. as it may require £:or. tb,e ?b,�� ofj.� �,��P��:. :',·,:-: ::\' .:'_(\';;.': : ii ,, . '· · · . '·: · ·· . . : . :.:. . :. : •_. is d :· • . · . .' . , ... · . · · ' .. . . . . ;. :- . , · · · ' ' . t. ·:, . ' . ::/ ,1' . ... . , • ' .-:·\({�:-·' . ' ,- : - , · ·· . . .'. • . . . :• ·::.-:7?"'.'Z";··. '• .. .. . - ;,-'·, • ,: ):,�iii/' · . . : :;;,_'.\il�ii�}�\; · .�lt*iff ' J ;:. • '-0·, �.;- : �·,::=:_ . - nt te ;s r -!' 's - -- .(f))i s s e s ! I i?��ionScheme Regulation ·, ·•,, · 0mendm'" .. -·.••1 l,;/U/ j.l't ··� ;-� [No. 27 of2005 245 (3) There shill be paid from�funds oftheAuthority- · (aJ the•� allowances, I� gratuities and pensions ofstaff of the Authority and other payments for the recruitment and retention of staff; , · · • · (b) such�nable travel!i!\g and subsistence allowances for members or members of ariy committee 'ofthe Board when engaged on the busine.ss of the Board at such rates as the Board may, with the approval of the Minister, detenr>Jne; and , , > / , •• . , , ' • • ' (cj any other.expenses incurred by the Boai:d in the performance of the Authority's functions. - 11 Verify source ↗
The Board may, with the approval of the Minister, invest in
The Board may invest unused Authority funds, but only with the Minister’s approval.
11. The Board may, with the approval of the Minister, invest in such manner as it considers necessary any of the Authority's funds which it does not immediately require for the performance of the Authority's functions. Investment of funds - 12 Verify source ↗
The financial year oftheAuthority shall be the period of twelve
The Authority’s financial year must be 12 months long and end on 31 December each year.
12. The financial year oftheAuthority shall be the period of twelve Finru:icial year months ending on 3 1" December in each year .. t' - 13 Verify source ↗
(l)TheBoardshall causetobekeptproperbooksofthe accounts
The Board must keep proper books, annual accounts records, and related records; the Authority’s accounts must be audited annually by independent auditors approved by the Minister; and the Authority must pay the auditor’s fees.
13. (l)TheBoardshall causetobekeptproperbooksofthe accounts Accounts Annual report and otherrecords relating to theAuthority's accounts. (2) The accounts of the Authority shall be audited annually by independent auditors appointed by the Board subject to the approval of the Minister. (3) The Auditor's fees shall be paid by the Authority. - 14 Verify source ↗
(!) As soon as is practicable, but not later than one hundred
The Board must send the Minister a yearly activity report within 180 days after the financial year ends, and the Minister must table that report in the National Assembly within 7 days after its first sitting following receipt.
14. (!) As soon as is practicable, but not later than one hundred and eighty days after llie end of the financial year, the Board shall submit to the Minister a report concerning its activities during such financial year. (2) The report referred to in subparagraph . .(I) shall include information on the financial affairs of the Authority and there shall be appended to thereport- (a) an audited balance sheet; (b) an audited statement of income and . expenditure; (c) an audited statement of income and expenditure of the Fidelity Fund; and ( d) such other information as the Minister may re·quire ( 4) The Minister shall, not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in subsection (!), lay'itbefore the National Assembly. \'.�})f · ,·,.· ,,,,: . I I t ! I ! l I ' ) I l ' ' I i i. ! ' I i . •,,, 246 No. 27 of2005] Pension Scheme Regulation (A,nendment) ., ., .....
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Pension Scheme Regulation (Amendment) Act, 2005
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