National Social Security Fund Act

Section 1. Short title Section This Act may be cited as the National Social Security Fund Act.

Section 2. Interpretation Section 2(1)(a) a wife or husband of the deceased; Section 2(1)(b) a son or daughter of the deceased who had not attained the age of twenty five years; or Section 2(1)(c) parent, grandparent, grandchild, brother, sister son, daughter or such other relative who was wholly or substantially dependent on the deceased for the provision of the ordinary necessities of life suitable for a person of his station; Section 2(1)(a) employed in Kenya under a contract of service; Section 2(1)(b) ordinarily resident in Kenya and is employed outside Kenya (or partly in and partly outside Kenya) under a contract of service entered into with an employer who resides in or has a place of business in Kenya; or Section 2(1)(c) is ordinarily resident in Kenya and is employed under a contract of service as master or a member of the crew of any ship, or as pilot, commander, navigator or member of the crew of any aircraft, where the owner of the ship or aircraft (or managing owner if there is more than one owner) or the manager resides in or has a place of business in Kenya, Section 2(1)(i) is undergoing full-time instruction in a school, or in any such place of education or trainin...

Section 3. Establishment of the Fund Section 3(1) There is established a fund to be known as the National Social Security Fund which shall be vested in, operated and managed by the Board. Section 3(2)(a) paid into the Fund, all contributions and other payments required by this Act to be paid into the Fund; Section 3(2)(b) prudent investments of all contributions and other payments therein; and Section 3(2)(c) paid out of the Fund, all benefits and other payments required by the Act to be paid out of the Fund. Section 3(3) The Fund replaces the previous National Social Security Fund and, subject to this Act, the provisions of section 72 and the Second Schedule apply to all transitional arrangements from the previous Fund to the Fund.

Section 4. Objects of the Fund Section provide basic social security for its members and their dependants for various contingencies as provided under this Act;

Section 5. Establishment of the Board of Trustees Section 5(1) There is established a body to be known as the National Social Security Fund Board of Trustees which shall, inter alia, be vested with the responsibility of directing and managing the Fund. Section 5(2)(a) suing and be sued; Section 5(2)(b) purchasing, holding, managing and disposing of movable and immovable property; and Section 5(2)(c) entering into such contracts as it may consider necessary or desirable and for the purposes of this Act.

Section 6. Membership of the Board Section the Chairperson appointed by the Cabinet Secretary from amongst the Trustees appointed under paragraph (d)(iii);

Section 7. Disqualification from appointment Section is convicted of a criminal offence and sentenced to imprisonment by a court of competent jurisdiction for a period exceeding six months without the option of a fine;

Section 8. Tenure of office of Members of the Board Section 8(1) A Trustee appointed under section 6 (d)(i), (ii) and (iii), shall hold office for a term of three years and shall be eligible for re-appointment for one further and final term. Section 8(2) The Cabinet Secretary shall appoint one third of the members of the Board under section 6 (d)(i), (ii) and (iii) in a staggered manner separated by two months so that the respective expiry dates of their terms shall fall at a different time. Section 8(3)(a) at any time resign from office by notice in writing to the Cabinet Secretary or otherwise cease to represent the interests of the nominating body; or Section 8(3)(b) has been absent from three consecutive meetings of the Board without the permission of the Chairperson and is unable or has neglected to furnish any plausible reason for his absence; Section 8(3)(b)(i) has been absent from three consecutive meetings of the Board without the permission of the Chairperson and is unable or has neglected to furnish any plausible reason for his absence; Section 8(3)(b)(ii) is adjudged bankrupt or enters into a composition or arrangement with his creditors; Section 8(3)(b)(iii) is disqual...

Section 9. Filling of vacancy Section Whenever the office of Chairperson and a Trustee appointed under section 6 (d)(i), (ii) and (iii) prematurely falls vacant, the vacancy shall be filled in the same manner specified for that office under section 6 and the person thereby appointed shall serve for the remainder of the term.

Section 10. The powers and responsibilities of the Board Section 10(1) The Board shall exercise all the powers necessary for the proper performance of its responsibilities under this Act. Section 10(2)(a) acquire, control, and supervise the funds and assets of the Fund in such manner that best promotes the objects for which the Fund is established; Section 10(2)(b) impose levies, fees or charges for such services as the Fund may offer; Section 10(2)(c) lay down such policies and guidelines as may be necessary for the proper operations and management of all the contributions and funds collected by the Fund and for any other matter concerning the Fund; Section 10(2)(d) receive grants, gifts, donations or endowments and make legitimate disbursements; Section 10(2)(e) approve contracts, undertakings, hiring of senior staff and other activities entered into by the Management or otherwise undertaken in the name of the Fund whose value requires Board approval; Section 10(2)(f) appoint any agent the Board may require or subcontract any person or firm of proven experience in the particular function for which appointment or subcontracting is necessary, to perform any of its functions under t...

Section 11. Meetings of the Board Section 11(1) The Board shall hold not less than four meetings in every financial year for the conduct of its business and not more than four months shall elapse between the date of one meeting and the date of the next meeting. Section 11(2) The quorum for the conduct of meetings of the Board shall be two-thirds of the Trustees, of whom one shall be a representative of employees and one a representative of employers. Section 11(3) Unless a unanimous decision is reached, a decision on any matter before the Board shall be by a simple majority of the votes of the members present and voting, and in the case of an equality of votes the Chairperson or person presiding in that capacity shall have a casting vote. Section 11(4) The notice of a meeting of the Board shall be seven days from the date the notice is duly sent out unless three quarters of the total members of the Board otherwise agree and, a meeting of the Board or deliberations thereof or decisions or resolutions taken thereat shall not be invalid by reason only of misdirection of notice or failure by a member to receive the notice. Section 11(5) The Chairperson shall preside at every meeting of...

Section 12. Committees of the Board Section 12(1) The Board may for the purposes of performing its responsibilities under this Act, establish such committees of the Board as it deems necessary for the effective functioning of the Board and the Board may delegate to any such Committee such of its responsibilities as it deems fit. Section 12(2) The Board may appoint persons, not exceeding the number of Trustees on the Committee, who are not members of the Board to Committees established under subsection (1), and such persons shall serve on such terms and conditions of service as the Board may determine. Section 12(3) The provisions of subsection (6) of section 11 shall, mutatis mutandis , apply to meetings of committees of the Board.

Section 13. Remuneration of Board Members Section 13(1) There shall be paid to the members of the Board or of any Committee of the Board such remuneration, fees or allowances as the Board may determine. Section 13(2) Remuneration and allowances payable under subsection (1) shall be subject to the approval of the Cabinet Secretary.

Section 14. Conflict of interest affecting a Board member Section 14(1) If a member of the Board is present at a meeting of the Board or any Committee of the Board at which any matter is the subject of consideration and in which matter the member, the member’s spouse or the member’s immediate relative or associate is directly or indirectly interested in a private capacity, the member shall as soon as practicable after the commencement of the meeting, disclose such interest and shall not take part in any consideration or discussion, or vote on any question touching on such matter unless the Board determines otherwise. Section 14(2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made. Section 14(3) Any member who contravenes the provisions of subsection (1) commits an offence and may, on conviction by a competent court, be disqualified from holding office of member of the Board in addition to any other penalty the court may deem appropriate in the circumstances.

Section 15. Appointment of the Managing Trustee Section 15(1) The Board shall appoint a managing trustee who shall hold office on such terms and conditions of service as maybe specified in the instrument of his or her appointment. Section 15(2) The managing trustee shall be the chief executive officer of the Fund and responsible to the Board of Trustees for its management. Section 15(3) The Managing Trustee shall be an ex officio member and secretary to the Board. Section 15(4) The managing trustee shall be selected through a competitive process and shall be accountable to the Board in the performance of his duties. Section 15(5) The managing trustee shall, unless prematurely terminated, serve for a term of three years and shall be eligible for re-appointment for one further term of three years. Section 15(6) The terms and conditions referred to under subsection (1) shall be specified by the Board in the instrument of his appointment. Section 15(7)(a) holds a Master's degree in a relevant field of study as may be specified by the Board from a university recognized in Kenya; Section 15(7)(b) has not less than ten years of working experience at managerial level in a relevant field sp...

Section 16. Appointment of Officers of the Fund Section 16(1) The Board may appoint such officers and other staff of the Fund as are necessary for the proper discharge of the functions of the Fund under this Act, upon such terms and conditions of service as it may determine. Section 16(2) The Board may, subject to such terms and conditions as the Board may think fit and by direction in writing, delegate any of its powers under this Act to any one or more of the Trustees, the Managing Trustee or any officer of the Fund.

Section 17. Appointment of Compliance Officers Section 17(1) The Board shall, for the purposes of the enforcement of this Act, appoint officers known as Compliance Officers. Section 17(2) A Compliance Officer appointed under subsection (1) shall ensure a premise or place liable to inspection complies to this Act. Section 17(3) A Compliance Officer shall have power to enter any such premises or places at all reasonable times, and to interview any person whom he finds therein on any matters relevant to this Act. Section 17(4) An occupier of premises or place liable to inspection under this section, and any employer, servants and agents of such occupier, and any employee, shall furnish to a Compliance Officer all such information and documents for inspection. Section 17(5) The premises and places liable to inspection under this section are any premises or places where a Compliance Officer has reasonable ground for suspecting that any persons are employed, but do not include any private dwelling not used for the purposes of a trade or business. Section 17(6)(a) willfully delays or obstructs a Compliance Officer in the exercise of any power under this section; or Section 17(6)(b) refuse...

Section 18. The Old Provident Fund and other Funds Section 18(1)(a) the Pension Fund; and Section 18(1)(b) the Provident Fund, Section 18(2) The Board shall retain and continue to operate the Old Provident Fund previously operated under the now repealed National Social Security Fund Act exclusively for purposes specified under the Second Schedule. Section 18(3) All members of the Old Provident Fund other than members making voluntary contributions to the Old Provident Fund shall, on the commencement date, become members of the Pension Fund and the Managing Trustee shall cause a new account to be opened in accordance with section 24 for each member into which they will start making contributions as provided under this Act. Section 18(4) All persons who are subject to the provisions of the Employment Act and are eighteen years old or above and have not attained the pensionable age shall be members of the Pension Fund. Section 18(5)(a) self-employed persons who voluntarily register to be members of the Fund; Section 18(5)(b) persons referred to under paragraphs (a) and (b) of section 26 ; and Section 18(5)(c) any other member of the Fund who does not, for whatever reason under this Ac...

Section 19. Registration of employer and employee Section 19(1) Every employer who, under a contract of service, employs one employee or more shall register with the Fund as a contributing employer and shall, register his employee or employees, as members of the Fund. Section 19(2) Any person who is registerable as an employer under this section shall produce proof of registration with the scheme as a precondition of dealing with or accessing public services. Section 19(3) Without prejudice to the provisions of subsection (1), a self-employed person who wishes to become a member of the Fund, may register as a voluntary member and shall, register his employee under a contract of service as a member of the Fund. Section 19(4) The Fund shall inform employers and employees of the requirement to register under this Act. Section 19(5) Every employer or employee shall be registered with the Fund. Section 19(6) Any employer who fails, neglects or refuses to register under this section commits an offence and shall be liable to a fine not exceeding Kenya shillings fifty thousand; Section 19(7)(a) keep a proper and up-to-date register or record of the earnings and any other particulars of emp...

Section 20. Mandatory Contributions to the Fund Section 20(1)(a) the employer’s contribution at six per centum of the employee’s monthly pensionable earnings; and Section 20(1)(b) the employee’s contribution at six per centum of the employee’s pensionable earnings deducted from the employee’s earnings. Section 20(1A) An employer shall pay the contribution under subsection (1) on the ninth day of each month or on such later date as the Board may, in consultation with the Cabinet Secretary, prescribe. Section 20(2) Notwithstanding the provisions of subsection (1), the contributions in the first five years shall be deducted in accordance with the Third Schedule. Section 20(3) Tier I contributions shall be credited to the employee’s Tier I Fund Credit and, subject to the provisions of section 21 , Tier II contributions shall be credited to the employee’s Tier II Fund Credit. [Act No. 1 of 2021 , s. 6.]

Section 21. Contracting out by employer Section 21(1) An employer may opt to pay Tier II contributions in respect of its employees into a contracted-out scheme it participates in or opts to establish or to participate in. Section 21(2)(a) the employer shall make written request of its intention to opt out to the Authority at least sixty days before opting to contract-out in such a way; Section 21(2)(b) the written request required under paragraph (a) shall clearly set out such details of the contracted-out scheme as the Authority shall require from time to time in order to ascertain that the contracted-out scheme meets the Reference Scheme Test; Section 21(2)(c) within thirty days from the date of receiving the written request and provided that the contracted-out scheme satisfies the Reference Scheme Test specified in the Fourth Schedule, the Authority shall respond in writing indicating its approval or otherwise to the employer and notify the Board accordingly; Section 21(2)(d) where such approval is received, Tier II Pension Fund Credits in respect of the employees shall be transferred from the Pension Fund to the approved contracted-out scheme; and Section 21(2)(e) the contracte...

Section 22. Restriction on employer in regard with deductions from earnings Section An employer is entitled to recover from his employee’s earnings, the employee’s contribution by way of a deduction there from for purposes of paying the employee’s contribution, but is not permitted to deduct the employer’s contribution from the employee’s earnings, but shall instead pay from his own resources, and remit to the employee’s account under this Act.

Section 23. Voluntary contributions Section 23(1)(a) a minimum amount of two hundred shillings; Section 23(1)(b) a minimum aggregate contribution in a year of four thousand eight hundred shillings; Section 23(1)(c) contributions may be paid directly to a designated Fund office, by mobile money or any other electronic transfer specified by the Board; and Section 23(1)(d) the Fund shall notify the member of the receipt of the contribution as soon as the contribution is received. Section 23(2) The contributions made under this section shall be paid into the Provident Fund and immediately credited to the member’s individual account as the Provident Fund Credit provided under section 24 .

Section 24. Creation of Individual Accounts for members of the Fund Section 24(1) The Board shall cause to be established and maintained for each member of the Pension Fund, an individual account to be known as the Pension Fund Credit to which shall be credited all contributions made to the Pension Fund by and in respect of each member of the Pension Fund. Section 24(2)(a) Tier I Fund Credit showing the employer and member contributions separately; Section 24(2)(b) where applicable Tier II Fund Credit showing employer and member contributions separately; Section 24(2)(c) transfer payments into the account, if any; and Section 24(2)(d) interest credited into the account. Section 24(3) Individual Provident Fund Credit of each member of the Provident Fund shall be opened and shall, at any particular date, show a full breakdown of voluntary contributions, transfer payments, if any, and interest credited. Section 24(4) Each member shall receive from the Fund, at the end of every financial year, an annual benefit statement indicating the Pension Fund Credit or the Provident Fund Credit or both as the case may be, and Section 24(5) Notwithstanding the provisions of subsection (4), a membe...

Section 25. Termination of a member’s account Section 25(1)(a) all the moneys due from that account have been paid out of that account in accordance with this Act; Section 25(1)(b) the member has ceased to be a member of the Fund; and Section 25(1)(c) no claim by or on behalf of that member to any benefit is pending determination. Section 25(2) The membership of a member of the Fund shall cease, and his registration shall be cancelled, upon the payment to him of an emigration benefit. Section 25(3) Notwithstanding the provisions of subsection (2), a person who has ceased to be a member by reason of the payment of an emigration benefit under subsection (2) shall be liable to compulsory or voluntary registration as a member of the Fund if at any time he becomes so liable or eligible in accordance with this Act.

Section 26. Regulations to provide for voluntary registration Section the voluntary registration of persons who are self-employed;

Section 27. Penalty for default in payment and incorrect contributions Section 27(1) If any contribution for which a contributing employer is required to pay to the Fund is not paid on or before the prescribed day on which the payment in respect of any month is due, a sum equal to five per cent of the amount of that contribution shall be added to the contribution for each month or part of a month that the amount due remains unpaid, and any such additional amount shall be recoverable at the same time and in the same manner as the contribution to which it is added. Section 27(2) Where it is established by a member or officer of the Fund to the satisfaction of the Managing Trustee that any amount has been paid to the Fund as a contribution when it was not payable under this Act and the amount was paid as a result of a bona fide error, the amount paid in error shall be refunded without interest thereon or may be applied, with the consent of the person who made the payment, to any current liability of that person to the Fund. Section 27(3) Any amount which is payable under this Act as a contribution by an employer in respect of himself or his employee that is in excess of the statutory...

Section 28. Payments into and out of the Provident Fund Section 28(1) There shall be paid into the Provident Fund monies specified under subsections (1) and (2) of section 23 . Section 28(2) The Board shall pay out of the Provident Fund, such monies as it shall determine, to persons who do not qualify to be paid benefits from the Pension Fund and the payment shall be in accordance with the provisions of Part V.

Section 29. Exempt persons Section 29(1) Every person of a class or description specified in the First Schedule shall be an exempt person. Section 29(2) An exempt person shall not be registered as a member of the Fund. Section 29(3) Subject to subsection (2) an exempt person may elect to register as a voluntary contributor.

Section 30. Account and benefits of member inalienable and not assignable Section 30(1)(a) assigned, pledged, transferred or sequestered; Section 30(1)(b) set off against any debt of the member entitled to the benefit; or Section 30(1)(c) attached, levied or executed in any form under a judgment or order of a court of law. Section 30(2) An director, officer, servant or agent of the Fund who contravenes the provisions of this section commits an offence.

Section 31. Assignment of benefits for housing Section Despite the provisions of section 30 , a prescribed proportion of the benefits accruing to a member under this Fund may be assigned and used by the member to secure a mortgage loan from a bank, building society or other similar institutions and on such terms and conditions as may be prescribed under the Retirement Benefits Act (Cap. 197).

Section 32. Member employed by more than one employer Section 32(1) Where a member is concurrently employed by more than one employer, each individual employer shall be responsible only for his obligations under this Act. Section 32(2)(a) provide for the determination of liability for the payment of contributions in the case of a person who works under the general control or management of a person who is not his immediate employer; and Section 32(2)(b) determine the circumstances in which a person is to be regarded for the purposes of subsection (1), as being concurrently employed by more than one employer. Section 32(3) For the purposes of this section any amount in excess of the amount due from an employer shall be refunded to both the employer and the employee.

Section 33. Pension Fund and Provident Fund benefits Section Any benefits under this Part shall comprise of benefits payable out of the Provident Fund in this Act referred to as Provident Fund Benefits and benefits payable from the Pension Fund, in this Act referred to as the Pension Fund Benefits.

Section 34. Description of Pension Fund Benefits Section 34(1)(a) Retirement pension; Section 34(1)(b) Invalidity pension; Section 34(1)(c) Survivors’ benefit; Section 34(1)(d) Funeral grant; and Section 34(1)(e) Emigration benefit. Section 34(2) The Board may from time to time recommend to the Cabinet Secretary any additional benefits that may be provided under this section and any such additional benefits may obtain from the date provided or phased in gradually as circumstances may require. Section 34(3) All the benefits derived from contributions made by a member and by an employer in respect of a member shall immediately vest in the member.

Section 35. Nomination of dependants to receive benefits Section 35(1) Every person entitled to become a member of the Pension Fund or Provident Fund as the case may be shall furnish to the Fund, in the manner prescribed, particulars concerning himself and his dependant relatives who shall receive benefits under this Part upon his death. Section 35(2) A member of the Fund shall update his nomination under subsection (1) at any time and, in any event, annually and the revised nomination shall be submitted to the Fund. Section 35(3) A member’s nomination under this section shall be regarded by the Board to be his absolute intention and the Board shall not be responsible for any errors of omission or inclusion contained in the nomination. Section 35(4) Where a person has been validly nominated under this subsection, the Board may decline to pay or vary the nominated beneficiary and shall furnish in writing its reasons therefor.

Section 36. Retirement Pension Section 36(1)(a) has attained pensionable age; or Section 36(1)(b) opted for early retirement having attained the age of fifty years but not having attained pensionable age. Section 36(2) A member may elect to have the value of his Pension Fund Credit at the date of his retirement applied to a pension payable to the member. Section 36(3) The pension payable to a member on his retirement under subsection (1) shall be of such an amount as can be purchased by his Pension Fund Credit at the date of his retirement after the exercise of any option in terms of subsection (6). Section 36(4) A pension which becomes payable in terms of subsection (2) may be purchased in the member’s name from a Registered Insurer of the member’s choice. Section 36(5) Where the pension is purchased from a Registered Insurer, the terms and conditions applicable to such pension including options elected by the member and the determination of any benefits arising on his death, shall be agreed between the member and the Registered Insurer and shall be set out in writing by the Registered Insurer. Section 36(6)(a) shall be compulsory, non-commutable, non-assignable and payable for li...

Section 37. Survivors’ Pension Section 37(1) A survivors’ pension shall be paid to the dependants, if the member dies before pensionable age and was contributing to the Pension Fund at the time of his death and not less than thirty six monthly contributions had been made by the member immediately preceding the date of death. Section 37(2) The survivors’ pension payable under subsection (1) shall, in aggregate, be equal in value to the member’s Pension Fund Credit except that the Tier I Credit in respect of the deceased member shall be increased by an amount equal to the last Tier I monthly contributions multiplied by the lower of half the number of months of potential employment between the member’s date of death and attainment of pensionable age and 90 months. Section 37(3) The survivors’ pension payable under subsection (2) shall be held by the Board on trust, and paid to the nominated beneficiary within one year after the death of the member in such proportions as stipulated by the member for the absolute use and benefit of the beneficiary. Section 37(4) Despite the provisions of subsection (3), the Board may exercise its option under section 35 with regard to any nomination und...

Section 38. Invalidity pension Section 38(1)(a) he suffers such physical or mental disability of a permanent total incapacity as certified by a medical board established pursuant to this section; and Section 38(1)(b) had made not less than 36 monthly contributions immediately preceding the date of the invalidity. Section 38(2) The invalidity status determined under subsection (1) shall be subject to review at such intervals as the Board may determine. Section 38(3) The rate of invalidity pension shall be determined and payable in the same manner as the retirement pension provided under section 36 except that the Tier I Credit in respect of the member shall be increased by an amount equal to the last Tier I monthly contribution by the member multiplied by the lower of half the number of months of potential employment between the member’s date of invalidity and attainment of pension age and ninety months. Section 38(4) A member who would have qualified for an invalidity pension but for the requirements of paragraph (b) of subsection (1) of this section shall be entitled only to the payment of a lump sum benefit equal to the member’s Pension Fund Credit. Section 38(5)(a) require any p...

Section 39. Emigration Benefit Section A member shall be entitled to an emigration benefit, which shall be equal to the member’s Pension Fund Credit, if the member migrates from Kenya to a country, other than a country with which a reciprocal agreement is made pursuant to section 64 without any present intention of returning to reside in Kenya.

Section 40. Funeral grant Section 40(1) On the death of a member who has paid at least six monthly contributions immediately preceding his death, a grant for defraying funeral expenses shall be paid to the next of kin in one lump sum of ten thousand shillings. Section 40(2) A claim for payment of a funeral grant shall be submitted not later than sixty days from the date of the death of the Member. Section 40(3) For the purposes of this section, the next of kin shall be the surviving spouse, or, in the case of an unmarried person, the father or mother, brother or sister or the person responsible for the payment of funeral expenses.

Section 41. Provident Fund Benefits Section 41(1)(a) age benefit; Section 41(1)(b) survivors’ benefit; Section 41(1)(c) invalidity benefit; Section 41(1)(d) withdrawal benefit; and Section 41(1)(e) emigration benefit. Section 41(2) The Board may from time to time recommend to the Cabinet Secretary additional benefits that may be provided under this section and any such additional benefits may obtain from the date provided or phased in gradually as circumstances may require.

Section 42. Age Benefit Section 42(1) A member of the Provident Fund shall be entitled to age benefit if the member has attained the age of fifty years. Section 42(2) The age benefit payable shall be a lump sum equal to the member’s Provident Fund Credit at date of entitlement to age benefit.

Section 43. Survivors’ Benefit Section 43(1) The dependant relatives of a member of the Provident Fund shall be entitled upon the member’s death to a lump sum survivors’ benefit equal to the member’s Provident Fund Credit at the date of death, to the extent and subject to the conditions provided under this section. Section 43(2) The provisions of section 36 (3) to (6) shall apply to any claim to benefit under this section with such modification as shall be necessary.

Section 44. Invalidity Benefit Section 44(1)(a) he is subject to such physical or mental disability as to be suffering from permanent total incapacity as certified by a medical doctor; or Section 44(1)(b) he is subject to such physical or mental disability as to be suffering from partial incapacity of a permanent nature and is unable by reason of such disability to earn a reasonable livelihood as certified by a medical board. Section 44(2) The provisions of section 38 (5) and (6) shall, apply to any claim to benefit under this section with such modifications as shall be necessary.

Section 45. Withdrawal Benefit Section A member of the Provident Fund shall be entitled to a lump sum withdrawal benefit equal to the member’s Provident Fund Credit at the date of withdrawal if at the time of claiming the benefit the member is no longer in self-employment.

Section 46. Emigration benefit Section A member of Provident Fund shall be entitled to emigration benefit if the member emigrates from Kenya to a country other than a country with which a reciprocal agreement is made pursuant to section 64 without any present intention of returning to reside in Kenya.

Section 47. Regulations regarding benefits under this Act Section 47(1)(a) provide for the manner of making and determination of any claim to a benefit by a member or as a dependant relative; Section 47(1)(b) require attendance for and submission to such medical or other examination as may be prescribed for members or dependant relatives claiming benefit; Section 47(1)(c) provide for the postponement of any payment of benefit pending the determination of any relevant inquiry; Section 47(1)(d) provide which benefit shall be paid in any case where a member of the Fund is entitled to claim more than one description of benefits at any one time; Section 47(1)(e) provide for any benefit, other than emigration grant, to be converted into and paid an annuity or other recurrent payment, or to be paid by installments in such circumstances and subject to such conditions and in such manner as my be prescribed; Section 47(1)(f) make provision for enabling or requiring a person to be appointed to receive a benefit on behalf of any other person, or to exercise any right or power under this Act on behalf of a person entitled to a benefit who is unable, for the time being, to act; or Section 47(1)(...

Section 48. Misrepresentations when making benefit claims Section 48(1) Any person who fails to disclose or who misrepresents any material fact, whether or not such non-disclosure or misrepresentation is fraudulent, and receives any benefit he is not entitled to receive as a consequence of the non- disclosure or misrepresentation, is liable to repay the benefits so received within such period as the Board may direct. Section 48(2) A person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding three hundred thousand shillings or to imprisonment for a term not exceeding three months or both.

Section 49. Monies of the Fund and investment thereof Section 49(1)(a) monies received as contributions under this Act; Section 49(1)(b) fees, charges, monies or assets as may accrue to or vest in the Fund in the course of the exercise of its powers or the performance of its functions under this Act or under any written law; or Section 49(1)(c) all monies from any other sources provided for or donated or loaned to the Fund. Section 49(2) The Fund shall invest any of its funds which are not for the time being required to be applied for the purposes of the Fund in accordance with the provisions of the Retirement Benefits Act (Cap. 197). Section 49(3) The Board may, in its sole discretion, make arrangements for or facilitate with any credit institution, loans or advances for staff on such terms and conditions as it may consider appropriate after taking into account the financial viability and obligations of the Fund under this Act.

Section 50. Expenses of administering the Fund Section 50(1) There shall be paid out of the Fund expenses not exceeding two per cent of the total Fund assets for the administration of the Fund. Section 50(2) The percentage provided in subsection (1) shall apply in the first year from the commencement date and the Board shall thereafter take necessary measures to ensure that the percentage reduces and is capped at one and a half per cent in the sixth year following the commencement date. Section 50(3)(a) an amount representing the accruing liability of the Fund in respect of any emoluments, pensions, staff medical insurance or other benefits to which any officers or servants employed for the purposes of this Act may become entitled in respect of that employment; Section 50(3)(b) office stationery, equipment and machines, motor vehicles and insurance; Section 50(3)(c) an amount representing maintenance and repairs of the Fund’s buildings, grounds, facilities, and the rental value of any premises used for the purposes of this Act; and Section 50(3)(d) an amount representing fees for Fund management, custodial, actuarial, and audit.