Pensions Act

Section Interpretation Section In this Act, unless the context otherwise requires— “ appointing authority ” means the President or any other person or authority responsible for the appointment of a public officer, and includes any other person or authority to whom that power is lawfully delegated; “ Minister ” means the Minister responsible for public service ; “ other public service ” means public service not under the Government; “ overseas addition ” means the inducement allowance referred to in clause 3(a) of the agreement contained in the Schedule to the Overseas Service Act, and which is specifically declared to be pensionable; “ Oversea Superannuation Scheme ” means the scheme to establish a fund to provide service pensions and gratuities and pensions to dependents on a contributory basis for colonial research and allied services; “ pensionable emoluments ”— (i) in respect of service under the Government subsequent to the 31st December, 1953, includes salary , overseas addition , inducement pay and personal allowance , but does not include duty allowance, house allowance, entertainment allowance or any other emoluments; (ii) in respect of service under the Government between...

Section Circumstances in which pension may be granted Section Except as provided by such regulations as may be made under section 3 , no pension, gratuity or other allowance shall be granted under this Act to any officer except on his or her retirement from the public service in one of the following cases— in— the case of an officer in the public service on the 16th February, 1961, who on that date had attained the age of forty-five years, at any time; the case of an officer in the public service who is in receipt of overseas addition or who was recruited by the Secretary of State or by the Crown Agents for Oversea Governments and Administrations on terms of service which did not include payment of inducement pay or overseas addition , or who is, or was on the 9th October, 1962, an officer eligible for vacation leave under paragraph 17(ii), (iii) or (iv) of section C of the Standing Orders for the Uganda Civil Service in force on the 16th February, 1961, or who has elected or is deemed to have elected not to accept the new terms of service contained in Government Establishment Instructi on No. 4 of 1961 , on or after attaining the age of forty-five years; the case of an officer in...

Section Grant of pension, etc. on removal from the service in the public interest Section Where an officer is removed from the public service in the public interest and a pension, gratuity or other allowance cannot otherwise be granted to him or her under this Act, the pensions authority shall grant such pension, gratuity or other allowance as it considers to be just and proper, not exceeding in amount that for which the officer would be eligible if he or she retired from the public service in the circumstances described in section 10 (1)(e).

Section Compulsory retirement Section Subject to subsection (3), the President may, acting in accordance with the advice of the Public Service Commission, the Judicial Service Commission or, as the case may be, the Education Service Commission, require an officer to retire from the service of the Government — An officer shall retire on attaining the age of sixty years. in the case of an officer referred to in section 10 (1)(a)(i), at any time; in the case of an officer referred to in section 10 (1)(a)(ii) and (iii), at any time after the officer attains the age of forty-five years; in any other case, at any time after the officer attains the age of fifty years. This section shall not apply to a judge of the High Court or of the Court of Appeal or the Supreme Court.

Section Maximum pension Section An officer who has been granted a pension in respect of other public service shall not at any time draw from the public funds of Uganda an amount of pension which, when added to the amount of any pensions drawn in respect of other public service exceeds three-quarters of the highest pensionable emoluments drawn by him or her at any time in the course of his or her public service ; except that where an officer receives in respect of some period of public service both a gratuity and a pension, the amount of the pension shall be deemed, for the purposes of this subsection to be— Except in cases provided for by subsection (2), a pension granted to an officer under this Act shall not exceed 87 percent of the highest pensionable emoluments drawn by him or her at any time in the course of his or her service under the Government. in cases where the laws of the territory in which the public service was performed provided for the payment of an unreduced pension, the amount of pension which would have been awarded had no gratuity been granted; and in cases where the laws of the territory in which the public service was performed do not provide for the payment o...

Section Pensions, etc. may be paid to unconfirmed officer Section Where the appointing authority has appointed an officer to act in a pensionable office and the officer has acted for two years or more but retired or transferred to another service without being confirmed in that office, the rate at which his or her pension shall be calculated shall be that which would apply if he or she had been confirmed in that office, unless he or she has been removed from the office to a junior office before his or her retirement or unless the appointing authority directs otherwise in writing. Where an officer who is otherwise eligible for a pension has been serving in a pensionable office on a trial appointment but retired or transferred to another service without being confirmed in that office, the rate at which his or her pension shall be calculated shall be that which would apply if he or she had been confirmed in that office.

Section Grant of pension, etc. on dismissal Section Where an officer is dismissed from the public service , the pensions authority may, if he or she thinks fit, grant such pension, gratuity or other allowance as he or she thinks just and proper, not exceeding in amount that for which the officer would be eligible if he or she retired from the public service in the circumstances described in section 10 (1)(e).

Section Pensions, etc. not to be assignable Section A pension, gratuity or other allowance granted under this Act shall not be assignable or transferable except for the purposes of satisfying— a debt due to the Government or a debt relating to tax due under the East African Income Tax Management Act, or any Act amending or replacing it; or an order of any court for the payment of periodical sums of money towards the maintenance of the wife , or former wife or minor child of the officer to whom the pension, gratuity or other allowance has been granted,

Section Pensions, etc. not subject to attachment on bankruptcy Section Where any person to whom a pension or other allowance has been granted under this Act is adjudicated bankrupt or is declared insolvent by judgment of any competent court, the officer shall continue to receive the pension, allowance or gratuity, but the pension, allowance or gratuity shall not be subject to attachment under the Bankruptcy Act.

Section Pensions, etc. to cease on death Section Notwithstanding subsection (1), where a person who is in receipt of a pension or other allowance under this Act dies before the expiry of fifteen years after the date of his or her retirement, the pensions authority may continue paying the pension or other allowance— Every pension or other allowance granted under this Act, shall, unless it has sooner ceased, cease upon the death of the person to whom it is granted. if the deceased pensioner is survived by a spouse, to the spouse, for the unexpired period of the fifteen years referred to in this subsection; if the deceased pensioner is not survived by a spouse or is survived by a spouse to whom no pension is granted, to a child or children while under the age of eighteen years, for the unexpired period of the fifteen years referred to in this subsection; if the deceased pensioner is survived by a spouse to whom a pension is granted under paragraph (a) of this subsection and a child or children, and the spouse subsequently dies before the expiry of the remainder of the fifteen years referred to in paragraph (a) of this subsection, then paragraph (b) of this subsection shall apply. For...

Section Gratuity where officer dies Section Where an officer dies while holding a pensionable office and is not on probation or agreement, or while holding a nonpensionable office to which he or she has been transferred from a pensionable office in which he or she has been confirmed, the pensions authority may grant to his or her legal personal representatives— if the officer had served in the public service for ten years or less— if the officer had served in the public service for a period exceeding in the aggregate ten years— a reduced pension as provided in regulation 30 of the regulations contained in the First Schedule to this Act whether commuted pension gratuity under paragraph (b)(i) of this subsection is payable or not; and for the purpose of granting a pension under this subparagraph— For the purposes of this section— a gratuity of an amount not exceeding three times his or her annual pensionable emoluments ; and a gratuity of an amount not exceeding five times the annual amount of pension the deceased officer would have been eligible for if his or her period of service had been qualifying service for the purpose of this Act; either a gratuity of an amount not exceeding t...

Section Appointment of pensions authority Section The Minister may, by statutory order, appoint a public officer of the rank of Permanent Secretary to be the pensions authority .

Section Pensions to dependents of officers dying from injuries received or disease contracted on duty Section Where as a result of— Notwithstanding subsection (1)— For the purposes of this section, where an officer dies while— For the purposes of this section, “child” includes— injuries received in the actual discharge of, and specifically attributable to the nature of, his or her duty and which are not wholly or mainly due to, or seriously aggravated by, his or her own serious and culpable negligence or misconduct; or contracting a disease to which he or she is specifically exposed by the nature of his or her duties, not being a disease wholly or mainly due to, or seriously aggravated by, his or her own serious and culpable negligence or misconduct, an officer dies within seven years of the date of the injury or the contracting of the disease, the pensions authority may grant, in addition to the grant, if any, made to his or her legal personal representative under section 19 — if the deceased officer leaves a widow, a pension to her, while unmarried and of good character, at a rate not exceeding ten-fiftieths of his annual pensionable emoluments at the date of the injury; if the d...

Section Application of Act Section This Act shall apply— to every officer in the service of the administration of a district, and to every such officer who was in the service— subject to the Second Schedule to this Act, to every officer— to every officer appointed to the service of the Government after the 9th August, 1948, otherwise than on transfer from other public service ; to every teacher appointed to the Teaching Service on or after the 1st day of July, 1953; in the case of service in the former Buganda Government, on or after the 1st day of January, 1954; in the case of service in the former Eastern, Western or Northern Province, on or after the 1st day of January, 1950; to an officer serving in an urban authority who is a member of a pension scheme established by the urban authority in which he or she is serving who, from the date the pensions authority may determine, opts to be subject to this Act; to every officer appointed to the service of an urban authority on or after the date the pensions authority may determine; transferred to the service of the Government after the 9th August, 1948, from other public service ; in the service of the Government prior to the 9th Augu...

Section Appeals Board Section If the pensions authority decides in respect of any officer— Where an application is made under subsection (1), the pensions authority shall notify the Minister in writing, and the Minister shall thereupon appoint an Appeals Board of three members, consisting of— The Appeals Board shall inquire into the facts of the case and for that purpose— that a pension, gratuity or other allowance may not be granted under this Act; or that a pension, gratuity or other allowance which may be or has been granted under this Act shall be withheld, reduced in amount or suspended, one member selected by the Minister ; one member selected by an association representative of public officers of which the applicant is qualified to be a member or representative of a profession of which the applicant is a member, the association being nominated in either case by the applicant; and one member who shall be a lawyer selected by the other two members jointly, or, in default of agreement between those members, by the Chief Justice, from among persons who hold or have held office as a judge of the High Court, as a chief magistrate or as a magistrate grade I who shall be the chairpe...

Section Questions under Act to be determined by pensions authority Section Subject to section 22 , where any question exists in relation to any matter arising under this Act, the question may be determined by the pensions authority.

Section Delegation of powers Section The pensions authority may, by order in writing, delegate to any person all or any of the powers which are conferred on him or her by this Act and by the Pensions Regulations , other than those specified in the Fourth Schedule.

Section Pensions regulations Section Pensions, gratuities and other allowances may be granted by the pensions authority , in accordance with the regulations contained in the First Schedule to this Act, to officers who have been in the service of the Government . The Minister may amend the Schedules to this Act and with the approval of Cabinet by statutory instrument, vary the pensions, gratuities or the allowances provided for under the Act or any law made under it. Whenever the pensions authority is satisfied that it is equitable that any regulation made under this section should have retrospective effect in order to confer a benefit upon or remove a disability attaching to any person, that regulation may be given retrospective effect for that purpose; except that no such regulation shall have retrospective effect unless it has received the prior approval of Parliament signified by resolution. Any pension or gratuity granted under this Act shall be computed in accordance with the provisions in force at the actual date of an officer’s retirement or of his or her death in the public service , as the case may be. All regulations made under this section shall have the same force and e...

Section Pensionable service for teachers Section Notwithstanding anything contained in this Act in respect of teachers, only service on or after the 1st day of July, 1953, shall be considered as pensionable service , but any period of service in respect of which a teacher would have been eligible for gratuity under the Uganda African Teachers Gratuity Regulations , 1952, or during which a teacher contributed to the Uganda Teachers Provident Fund established under the Uganda Teachers Provident Fund Regulations , 1952, shall be considered as qualifying service . Any pension granted under this Act to a teacher who has completed a period of previous service in addition to his or her pensionable service shall be increased on and after the 1st July, 1953, by one-twelfth of 5 percent for each complete month of previous service. In this section, “previous service” means service prior to the 1st July, 1953, which is qualifying service within the meaning of subsection (1).

Section Pensionable service for officers in the service of a district administration Section For the purposes of this Act, only service on or after the 1st day of January, 1954, with respect to officers in the service of the former Buganda Government, and on or after the 1st day of January, 1950, in respect of officers in the service of the former Eastern, Western and Northern Provinces shall be taken into account as pensionable service . This section shall apply only to officers in the service of a district administration.

Section Option for an officer who is a member of a pension scheme established by an urban authority Section An officer who is a member of a pension scheme established by an urban authority in which he or she is serving may, with effect from the date that the pensions authority may determine, opt to be subject to this Act. Any officer who exercises the option under subsection (1) shall cease to be a member of the pension scheme of the urban authority in which he or she is serving from the date on which he or she exercises that option. Any pension or other benefit to which the officer may be entitled under the scheme on the date on which he or she exercises the option, and which on that date has not been paid to him or her, shall not become payable to the officer, but he or she shall become eligible for a gratuity or other allowance under this Act. For the avoidance of doubt, it is declared that any pension, gratuity or other allowance granted by the pensions authority to any officer to whom this section applies shall be in addition to, and shall not in any way be affected by, any pension or other benefit to which the officer is entitled under any other pension scheme.

Section Pensions, etc. charged on and payable out of the Consolidated Fund and other funds Section Subject to this section, all pensions, gratuities or other allowances shall be charged on and payable out of the Consolidated Fund without further appropriation than this Act. All pensions, gratuities or other allowances granted to any Ugandan national under the Pensions Act of the Community shall be charged on and payable out of the Consolidated Fund without further appropriation than this Act. Any pension, gratuity or other allowance granted under this Act with respect to any officer in the service of a district administration or an urban authority shall be charged on and payable out of the funds of the district administration or urban authority , as the case may be, in which the officer was serving without further authority than this Act.

Section Income tax not to be charged upon pension, etc. Section Notwithstanding any provision in any written law to the contrary, no income tax shall be charged upon any pension, gratuity or other allowance granted under this Act.

Section Officers entitled to pensions; prohibition of court proceedings Section Every officer employed in the public service who has qualified for a pension shall be entitled to it. No proceedings shall be brought in any court on the ground that any provision of this Act has not been complied with. The question whether the President, the Minister , the pensions authority or any other person or authority has validly exercised any functions under this Act, shall not be inquired into in any court.