Public Service Pensions Act, 1996
The Act may be cited as the Public Service Pensions Act, 1996, and it starts on a date appointed by the President by statutory instrument.
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- Zambia
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- Act 35 of 1996
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About this statute
The Act may be cited as the Public Service Pensions Act, 1996, and it starts on a date appointed by the President by statutory instrument. This section defines key terms used in the Act, including who counts as an appropriate authority, Board, child, dependent, officer, pension, pensionable emoluments, pensionable service, Public Service, and qualifying continuous service. The Public Service Pensions Fund Board is established as a body corporate with perpetual succession and a common seal, and it has powers to deal with property and do things necessary or incidental to its functions under the Act. The President must appoint the Board Chair from among Board members. Board members may resign with one month’s written notice, and the President may remove a member with like notice. A member’s office becomes vacant on specified incapacity, bankruptcy, detention, imprisonment, or notice-based resignation/termination events. The Board may regulate its own procedure and has detailed rules for meetings, quorum, voting, notice, and who may participate.
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Provisions of Public Service Pensions Act, 1996
Showing 129 of 129
Part
PART I
- 1 Verify source ↗
(1) This Act may cited as the Public Service Pensions Act,
AI-assisted research summary: The Act may be cited as the Public Service Pensions Act, 1996, and it starts on a date appointed by the President by statutory instrument.
1. (1) This Act may cited as the Public Service Pensions Act, 1996. (2) This Act shall come into force on such date as the President may, by statutory instrument, appoint. - 2 Verify source ↗
Section 2
AI-assisted research summary: This section defines key terms used in the Act, including who counts as an appropriate authority, Board, child, dependent, officer, pension, pensionable emoluments, pensionable service, Public Service, and qualifying continuous service.
2. In this Act, unless the context otherwise requires Short title and commence ment lnterpreta . tion appropriate authority ", in any case, means the authority charged by the Constitution or other written law with the power to appoint, to exercise disciplinary control over and to remove from office the person to whom that case relates; I . Board " means the Public Service Pensions Fund Board established by section four; " Child " in relation to any person entitled to a benefit by or u�der the provisions of this Act, means a child born in, or out of marriage, step-child, adopted child, and a posthumus child of that person, under the age of eighteen years: ·,· -.: ·'• '� -::· -------·--•-. --------- J :;,�-:':'}/·· :· :;,.:) :,::::.;::;;;�t\iili�:;::r;;;r.; i- .. . ' : ·�i: ; : I ,_ .,. • 796 No. 35 of 1996] Public Service Pensions v' Cap. 48, 1965 edition Cap.410 Cap. 131 Cap. 231 "dependent", in relation to any person entitled to a benefit by or under the provisions of this Act, means his spouse, child or such other relative dependent on the person for mainte nance, as the Permanent Secretary, responsible for person nel management may recognise for the purposes of this Act; " due notice" means three months notice given in writing; "existing fund" means the Civil Service ( Local Conditions) Pensions Fund which was established by the Zambia Civil Service (Local Conditions) Contributory Pensions Act and continued in being by the Civil Service (Local Conditions) Pensions Act, and the Pension funds established under the Defence Act and the African Education Act; " Fund " means the Public Service Pensions Fund established by section nine; "officer" means a person serving on pensionable terms in the Public Service who has been confirmed in his appointment; " pension ", means an annual pension payable during the lifetime of the recipient; " pensionable emoluments " ,neans salary orwages, and any special personal addition to salary or wages granted with out any condition that it shall not count for the purpose of calculating pension; " pensionable service " means the aggregate of continuous service, ifany, in respect of which contributions have been paid under Part V; " Public Service " means the Judicial Service, the Civil Service, the Defence Forces, the Police and Prisons Service, the Teaching Service, the Zambia Security and Intelligence Service, and any other Government Service prescribed by the President. " qualifying continuous Service " means service for a period of at least ten years for which an officer makes contribu- tions under this Act. r·-,, \.,,,-1,' Establish ment of public service Pensions Fund Board PART II PuBLIC SERVICE PENSIONS FUND BOARD - 8 Verify source ↗
Section 8
AI-assisted research summary: This section lists benefit and pension topics for officers and other persons who were transferred from a recognised authority or related service groups.
8. Benefits for officers transferred from a recognised authority on abolition of post or to effect greater efficiency on economy Benefits for officerrs transferred from a recognised authoirity retiring on grounds of ill health Benefits for officers transferred from a recognised authority retiring on grounds not otherwise described Further pension for certain transferred Federal officers Increase in pension for certain officers transferred from a rccognied authority Benefits for persons transferred from local conditions Furiher pension for cenain persons transferred from Division I or II Emoluments factor - 14 Verify source ↗
Benefits on resignation
AI-assisted research summary: Section 14 is titled “Benefits on resignation.”
14. Benefits on resignation 1 5. Benefits on dismissal 1 6. Pensions for spouses 1 7. Pensions for children .. • _ ......... ,.,- --------- --·--�------- ,, Public Service Pensions [No. 35 of 1996 819 1 8. Special pension for spouse, children and dependants or certain transferred officers � 1 9. Revival of special pension which ceased on remarriage - 20 Verify source ↗
Officers deemed to be in Division IV
AI-assisted research summary: This section states that officers are deemed to be in Division IV.
20. Officers deemed to be in Division IV - 22 Verify source ↗
Cc;i:tain benefits to be granted or increased retrospectively
AI-assisted research summary: This section refers to benefits that may be granted or increased retrospectively.
22. Cc;i:tain benefits to be granted or increased retrospectively Cap. 48 of 1965 Edition - 24 Verify source ↗
Definitions
AI-assisted research summary: This provision is headed “Definitions,” and the text also shows the start of a second schedule about conditions of service for death or injury in the course of duty.
24. Definitions SECOND SCHEDULE (Section 54) CONDITIONS OF SERVICE REI.ATING TO DEATII OR INJURY IN Tiffi COURSE OF DITTY Section • I . Sick leave fo r injured persons - 3 Verify source ↗
Benefits following death in consequence of injury
AI-assisted research summary: Section 3 concerns benefits following death in consequence of injury.
3. Benefits following death in consequence of injury - 4 Verify source ↗
Reimbursement of medical and other expenses of injured
AI-assisted research summary: This section concerns reimbursement of medical and other expenses for injured persons.
4. Reimbursement of medical and other expenses of injured persons - 5 Verify source ↗
Definitions
AI-assisted research summary: This provision is a section heading for definitions; the visible text does not state any operative rule.
5. Definitions APPENDIX ! APPENDIX II THIRD SCHEDULE • .. 820 No. 35 of 1996] Public Service Pensions FIRST SCHEDULE (Section 54) TRANSITIONAL PROVISIONS PART I BENEFITS ON RETIRF.MENT OF OrFICERS TRANSFF.RRED FROM A RECOGNISED AL'TIIORITY OR FROM LOCAL CONDITIONS - 1 Verify source ↗
This Pan applies only in relation to officers who have been
AI-assisted research summary: This provision says the Pan applies only to officers transferred from service with a recognised authority or from local conditions.
1. This Pan applies only in relation to officers who have been transferred from service with a recognised authority or from local eon�itions. - 2 Verify source ↗
(I) Subject to the provisions o f this Act, any person trans
AI-assisted research summary: Certain transferred public officers who retire because their post is abolished or to improve efficiency/economy are entitled to a pension from the date of retirement.
2. (I) Subject to the provisions o f this Act, any person trans ferred from a recognised authority who retires on the abolition of his post or to facilitate an improvement by which greater efficiency of economy could be effected in the organisation o f the part of the service to which he belongs, shall be entitled, with effect from the date of his retirement, to a pension calculated as follows: KA x B x C • KA x E D 60 where KA = his pensionable emoluments; B = the number of completed moths of his total service; C = his emoluments factor; D = the age at which he retires, expressed in complete months; and E = the numberof completed periods of three years in his total service, to a maximum of ten. (2) A pension payable under subsection ( 1) shall not exceed- ( a) the pension, calculated with reference to the fixed salary or salary scale on which the officer was serving at the time of his retirement, to which he would have been entitled if he had continued until the date on which he would oll1erwise have retired under the provisions of this Act to hold the post held by him at the dale or his re1irement, having received all scale incrcamcnts for which he would have been eligible by thai date; or - :. :_ ·::; . ' App1icalion of P11rt 1 Benefits for officers transferred from a recognised authority r9.tiring on abolition of pastor to effect greater efficiency or economy - • ., . :. L . . -·.-,•.-.. �-· •--�•)f<m)l�!l8"""'11Mli\!i! ·- J -;� - • _: '. .�. : •• • .' ) ·:����4�i�i;.���i,��1{:1it;�i11\i;:i§i;li��;�;i�l�,���£t@;:::;�;���t:j�i:¾i:,::,:;�1,.; Public Service Pensions [No. 35 of 1996 821 (b) two-thirds of the highest annual rate of the officer's pensionable emoluments received at any thlle during his pensionable service. - 3 Verify source ↗
(I) Subject to the provisions of this Act, ari officer transferred
AI-assisted research summary: A transferred officer who retires on approved medical grounds may be entitled to a pension or gratuity.
3. (I) Subject to the provisions of this Act, ari officer transferred from a recognised authority who retires on medical evidence to the satisfaction of the appropriate authority that he is incapable by reason of infirmity of mind or !hlcly of discharging the duties of his post·and that such infirmity is likely to be permanent, shall, with effect from the date of his retirement, be entitled- Benefits for officers transferred from a recognised authority rcLiring on grounds of 111 hcollh ( a) in the case of a transferred Federal officer, or an officer whose total service amounts to ten years or more, to a pension calculated as follows: (i) if his infirmity is, in the opinion of the appropriate authority, due to or occasioned by his own default- (ii) If his infirmity is not, in the op1mon of the appropriate authority, due to or occasioned by his own default- KA x B x C + KA x E x ?,.., C 7,200 (b) in any other case, to a gratuity calculated as follows: KA x B x C, 144 Provided that if the officer was transferred from service in Zambia, the gratuity shall be.calculated as follows: KA x B x C 120 (2) For the purpose of any benefit payable to an officer under subsection ( l )- KA = his pensionable emolumnets: B = the number of completed months of his total service; • ;,· ,, ,, ... , ..... -- - ·· 822 No. 35 of 1996] Public Service Pensions C = his emoluments factor; D = the age at which he retires, expressed in complete months; E = the number of complete mohths remaining from the date of his retirement until the date on which he would otherwise have retired under the provisions of this Act. Bencl'its for officers transferred from a rccognisCQ. authority rcLiring on grounds not otherwise described - 4 Verify source ↗
Subject to the provisions of this Act, an officer transferred
AI-assisted research summary: A transferred officer who retires under the specified schedule is entitled to either a pension or a gratuity, depending on the circumstances.
4. Subject to the provisions of this Act, an officer transferred from a recognised authority who retires under section thirteen of this Schedule on grounds other than those described in sections two and three of this Schedule shall, with effect from the date of his retirement, be entitled- (aJ in the case of a transferred Federal officer or an officer whose total service amounts to ten years or more, to a pension calculated as follows: KA x B x c ,,., C (b)in any othe'r case, to a gratuity calculated as follows: KA x B x C, 144 Provided that if the officer was transferred from service in Zambia, the gratuity shall be calculated as follows: - KA x B x C 120 ·*!�l11I,��)�t,�1�!!�l}9llj�'.;�k�:l • Further pension for certain transferred Federal officers where KA = his average pensionable emoluments; B = the number of completed months of his total service; C = his emoluments factor; and D = the age at which an officer retires, expressed in complete months - 5 Verify source ↗
(!) Subject to the provisions of ihis Act, a transferred Federal
AI-assisted research summary: A transferred Federal officer who retires for reasons other than abolition of post or an efficiency/economy improvement is entitled to an additional pension from the retirement date.
5. (!) Subject to the provisions of ihis Act, a transferred Federal officer who retires on any ground othcr than the abolition of his post or to facilitate an improvement by which greater efficien·cy or economy could be effected in the service to which he belongs, shall, in addition to any other pension payable under this Act, be entitled, with effect from the date of his retirement, to a funher pension calculated as follows: KA_(KA X B). 8 .. Public Service Pensions [No. 35 of 1996 823 where KA = the additional abolition of office pension, deter mined by the Central African Pension Agency, to which he would have been eiptled under the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, if he had retired from the service of the Govern ment of the former Federation ofRhodesiaand Nyasaland on the day before his transfer and if he had not been offered an appointment in the service of any of the Territorial Governments of that former Federation; and .• B = the number ofcompleted years of his pensionable service after the fourth anniversary of the date of his transfer. (2) A further pension granted under subsection (I) shall not exceed the difference between the sum of any other pensions granted in respect of service on local conditions and with a recognised authority (but not including a pension granted in resP.eCt of injury or death) and two-thirds of the highest annual rate of pensionable emolument� paid to the officer at any time during his pensionable service. - 6 Verify source ↗
(1) Subject to the provisions of this Act, where an officer who
AI-assisted research summary: If a transferred officer retires and the pension amounts are lower than the pension they would have received without the transfer, the pension under this Part must be increased by the difference.
6. (1) Subject to the provisions of this Act, where an officer who was transferred from service in Zambia retires and the sum of- ( a) the pension payable to him under this Pan; and (b) the pension or pensions payable to -him under the appropriate law; is less than the pension or the sum of the pensions which would have been payable 10 him with effect from the date of his retirement had he not been transferred, the pension payable to him under this Pan shall be increased by an amount equal to the difference.· (2) The pension or pensions which, for the purposes of subsection (1 ), would have been payable to an officer had he not been trans ferred shall be calculated with reference to the emoluments which, in the opinion oflhe Permanent Secretary, responsible for personnel m anagcmcnt, would have been payable to him i fhis period of service on local conditions had been the same period of service in Zambia and he had received during such service in Zambia the same promotions, if any, as he received during his service on local conditions. - 7 Verify source ↗
(]) Any person who has been transferred from local conditions
AI-assisted research summary: Certain transferred public service employees can receive a pension or gratuity if they meet the stated retirement and service conditions.
7. (]) Any person who has been transferred from local conditions and who- (a) is required to retire under the Non-Designated Expatriate Officers (Retiring Benefits) Act; Increase in pension for certain officers lransfcrrcd from a recognised aULhority Bcncfils for persons transferred from local conditions . . ·,_��;,;:�-131;i;%*�':�,:{�i•�A;::?,;��;�:,:,fiiit::t,�;)���s,����*�::��:;,;l:Ji�@i1it1�i�;i;����i;�:��:;t���i,�ic�N;,:,;:j:::,£,,.,,, ,. - 824 No. 3S of 1996] Public Service Pensions (b) is required to retire on the abolition of his post or to facilitate an improvement by which greater efficiency or economy could be effected in the organisation of the pan of the service to which he belongs, in circumstances in which he is eligible for a pension or gratuity from the recognised authority with which he is serving at the date of the retirement; or (c) retires on completion of total service amounting to ten years or more in circumstances in which he is eligible for a pension or gratuity from the recognised authority with which he is serving at the date of his retirment: shall be entitled with effect from the date of his retirement, to a pension calculated as follows: KA x B x C D where KA= the annual pensionable emoluments taken by the recognised authority for the purpose of calculating his pension or gratuity; B = the number of completed months of his total service; C = his emoluments factor; and D = the age at which he retires expressed in completed months. (2) A person-- ( a) who has transferred from local conditions; (b) who retires under circumstances in which he is eligible for a pension or gratuity from the recognised authority with which he is serving at the date of his retirement; ( c) whose total service amounts to less than ten years; and ( d) who is not entitled to a pension under subsection (!); shall be entitled to a gratuity calculated as follows: KA x B x C 144 where KA = the annual pensionable emoluments taken by the recognised authority for the purpose of calculating his pension or gratuity; B = the number of completed months of his total service; and C = his emoluments factor. • " ' •, • •,<,, ) ::��-ti"t1sig·::11�:::·�-�>s �r,·-, -(:s,;c };::�2:::�:��:k_\,:;Y;,.;,�::::1:;:!'.i'.t�sv:,)i��:ih1t;��,£i;)>:_; }�,• >,::, <�- , . . Public Service Pensions [No. 35 of 1996 825 (3) A fem ale person- ( a) who transferred from Division I, II or III; (b) who, at the time of her retirement, is eligible to retire on the grounds of her age or length of service; shall be entitled- (i) if her total service amounts to ten years or more, to a ·· · pension calculated in the manner set out in subsection (l); and .. (ii) if her total service amounts to less than ten years to a in in the manner · set out gratuity calculated subsection (2). (4) A female person- (a) who was transferred from local conditions; (b) who is not entitled to a pension or gratuity; shall be entitled to a gratuity calculated as follows: (i) if the date of her retirement is less than twenty years after the date of commencment of her total service- KA_ KA x B, ... 50 (ii) if the date of her retirement is less than twenty years after the date of commencment of her total service- 2 x KA; (iii) if the date of her retirement is twenty-five years or more after the date of the commencement of her total service- ( 2 x KA) + KA x B 25 where KA = the sum of her contributions; and B = thcnumberof completed years in respect of whiehshe has contributed. . -��.i,:.:; __ ·�'.: ,.'!i:�:t�,--)�i¥ix._?, .. : .. :c:,:�;x;(f:£:·�•�1t.li0:1�liiii-Jiii':::�::�·::;:: ;�/��· -;�:-'-r�---.·::·,r: .. ;:� .-;;�-.: t ��-�� - -. .. . ... 826 Further pension for certain persons transferred from Division I or II Cap. 408 Cap. 408' ' .. .-.·.· . ..... · ; ·- . No. 35 of 1996] Public Service Pensions - 8 Verify source ↗
(1) Subject to subsection (2), a pcrson
AI-assisted research summary: Certain transferred retirees are entitled to a further pension, but not if they choose a gratuity instead of an additional pension under section 9.
8. (1) Subject to subsection (2), a pcrson- (a) who was a federal officer transferred to Division I or II; (b) who subsequenlly transferred from Division I or II to service in Zambia; ( c) who thereafter has completed the prescribed period of resident service as defined in section two of the Non Designated expartriate Officers (Retiring Benefits) Act; (d) who then retires under the Non-Designated Expatriate Officers (Retiring benefits) Act; and ( e) whose additional pension, if any , payable under section nine o f the said Act is less than the further pension to which he would have been entitled at the date of his retirement had he not been transferred; shall be entitled , with effect from the date of retirement, to a further pension equal to the difference between the further pension to which he would hav9 been entit_led had he not been transferred and the additional pension, if any, which he received under section nine of the said Act. (2) No further pension shall be payable under subsection (1) in respect of a person who , pursuant to section nine of the Non Designated Expatriate Officers (Retiring Benefits) Act, elects to receive a gratuity in lieu of an additional pension payable under that section. --, Emoluments foclor - 9 Verify source ↗
The " Emoluments factor " shall be calculated as follows
AI-assisted research summary: This section says how to calculate the “Emoluments factor” as KA + KB.
9. The " Emoluments factor " shall be calculated as follows: KA KA + KB where KA = aggregate emoluments during pensionable service; KB = aggregate emoluments from one or more recognised authorities during an officer's service forming part of his total service; Provided that where under this Act only part of a person's service is included in his pensionable or total service, as the case niay be, a proportionate part only of the aggregate emoluments paid during the service so divided shall be taken into account in determining KA or KB. 1!i!!�ijllf,lia,ksi"'"�""!tl!¾ilii�, ·" ··l� ,: . , Public Service Pensions - 10 Verify source ↗
For the purposes of this part,
AI-assisted research summary: This section defines “transferred persons” for this part.
10. For the purposes of this part, 11 transferred " mcans- [No. 35 of 1996 827 Transferred _persons (a) appointed from Lhe service of a recognised authority to service on local conditions: or (b) appointed from service on local conditions to a post in the service of a recognised authority or so appointed and, thereafter appointed from the service of one recognised authority to a post in the service of another; under arrangements recognised by the Goverrnnem whereby it is agreed that the service of the person concerned shall be treated as continuous for pension purposes. PART II
Part
PART II
- 3 Verify source ↗
There is hereby established the Public Service Pensions
AI-assisted research summary: The Public Service Pensions Fund Board is established as a body corporate with perpetual succession and a common seal, and it has powers to deal with property and do things necessary or incidental to its functions under the Act.
3. There is hereby established the Public Service Pensions Fund Board which shall be a body corporate with perpetual succes sion and a common seal, capable of suing and being sued in ics corporate name, and with power to acquire,_ hold, charge and alienate, property, real or personal, and, subject to the provisions of this Act, with power to do all such acts or things as are necessary or incidental to the performance of the duties and the exercise of the powers imposed or conferred upon it by or under the provisions of this Act. Public Service Pensions [No. 35 of1996 797 - 4 Verify source ↗
(I) The Directors of Lhe Board shall be
AI-assisted research summary: The President must appoint the Board Chair from among Board members. Board members may resign with one month’s written notice, and the President may remove a member with like notice. A member’s office becomes vacant on specified incapacity, bankruptcy, detention, imprisonment, or notice-based resignation/termination events.
4. (I) The Directors of Lhe Board shall be- .fa) the Pennanent Secretary in ,the Ministry responsible for Directors Labour; '\b) Permanent Secretary, respbnsible for personnel manage- ment; ,Xc)-the Director pfBudget,Ministry of Finance; i,{d) a representative of the Attorney-General; .,(e) the National Secretary of the Pensioners Association representing persons who have retired. under this Act; v(J) the General Secretary. of the Civil Servants Union of Zambia; • (g) the General Secretary of!he National Union of Teachers; (h) a representative of th�efcnce Forces: (i) a representative of the Security Forces; (/) a representative of·the Chamber of Commerce: (k) a representative of the Lusaka Stock Exchange; and ([) two persons appointed by the President: (2) The President shall appoint the Chainnan of the Board from the members of the Board. (3) A member referred to in subsection (I) may resign upon giving one month's notice in writing to the President and may be removed by the President upon giving like notice. (4) The office of a·member shall become vacant- (a) if the member is declared to be of unsound mind; (b) if the member is adjudged bankrupt; (c) if the member is lawfully detained·, or the member's freedom of movement is restricted under any law in force in Zambia for a period in excess of six months; (d) if the member is"sentenced to a term of imprisonment for a period in excess of six months; (e) upon the expiration of not less that one month's notice given in writing by the member to the President of the member's intention to resign from the Board; ! , . . , 798 No.35 of1996] Public Service Pensions Proceedings of Bonrd (f) upon the expiration of not less than one montl1's notice given in writing by the President to the member tenni nating the member's appointment. - 5 Verify source ↗
(I) Subject to the other provisions of this Act, the Board may
AI-assisted research summary: The Board may regulate its own procedure and has detailed rules for meetings, quorum, voting, notice, and who may participate.
5. (I) Subject to the other provisions of this Act, the Board may regulate its own procedure. (2) The Board shall meet for the transaction of business at least three times every twelve months at such places and at such times as the Chainnan may decide. (3) Upon giving notice of not less than fourteen days, a meeting of the Board may be called by the Chainnan and shall be called if not less than five members so request in writing: Provided that if the urgency of any particular matter does not pennit the giving of fourteen days notice, a special meeting may be called, upon giving a shorter notice. (4) Seven members shall fonn a quorum at any meeting of the Board. (5) There shall preside at any meeting of the Board (a) the Chainnan; or (b) in the absence of the Chainnan, such member as the members present may elect for the purpose of that meeting. (6) 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 casting vote in addition to his deliberative vote. (7) The Board may invite any person, whose presence is in its opinion desirable, to attend and to·participate in the deliberations of a meeting of the Commission but that person shall have no vote. (8) The validity of any proceedings, actor decision of the Board .shall not be affected by any vacancy in the membership of the Bo arc: or by any defect in the appointment of any member or by reason that any person not entitled to do so took part in the proceedings. Secretary - 6 Verify source ↗
The Chief Executive shall be the Secretary of the Board
AI-assisted research summary: The Chief Executive must serve as the Secretary of the Board.
6. The Chief Executive shall be the Secretary of the Board. .,..,.....,...,..,_ ..... --;,·.•.-..---,·--•"~··•·· . - ; , . },.::: :.: ,. :i:.-: . •' .. ,'• :,:-, .. ::.:�:;·- :; .·.:. ._:_ ;: : < :; /L ���- ., Public Service Pensions [No. 35 of 1996 799 Functions of Board Powers of Board - 7 Verify source ↗
The functions of the Board shall be to
AI-assisted research summary: The Board must manage the Fund properly, set up a home-ownership scheme for members, and may grant loans to members for residential property on terms it decides.
7. The functions of the Board shall be to-- (a) control and administer the Fund in accordance with sound business practices and in the best interest of the members of the Fund, subject to the provisions of this Act; (h) establish a scheme for home ownership by the members of the Fund and to grant, on such terms and conditions as the Board shall determine, loans to the members of the Fund for the purpose of building or purchasing their own residential property; and (c) do all such other acts and things as may be conveniently combined or carried out together with any function conferred upon the Board by or under this Act or are incidental to or connected with the carrying out of any such function. - 8 Verify source ↗
Section 8
AI-assisted research summary: The Board has power to arrange actuarial assessments of the Fund, co-opt qualified people to committees, issue directions on the Fund’s operation, and do other acts needed to give effect to the Act.
8. In the performance of iL� functions, the Board shall have power to-- (a) cause to be carried out actuarial assessment of the Fund in accordance with the provisions of this Act; (b) co-opt any suitably qualified persons to any committee for such period as the Board may determine; (c) give such direction as it may deem fit regarding the operation of the Fund; and (d) do all such other acts and things as are necessary to give effect to the provisions of this Act. PART III PuBLIC SERVICE PENSIONS FUND - 11 Verify source ↗
(1) There shall be paid into the Fund each month from the Payments
AI-assisted research summary: Certain pension-related payments must be paid into the Fund each month, and late payments attract interest at the commercial rate.
11. (1) There shall be paid into the Fund each month from the Payments general revenues of Lhe Republic- (a) the sum of all payments of further pensions and increases in pensions made during that month under the provisions of this Act; (b) the sum of all payments of special pensions made to depcndanl� during that month under the provisions of this Act; (c) the sum of all payments of pensions made during that month to persons who were dismissed after becoming transferred Federal officers; (d) the sum of all paymenL� made during that month under the provisions of this Act to retired persons who were transferred from Division I, II or Ill; (e) the sum of all payments made under this Act during that month to persons who retired from Division I, II orIII- (i) on the grounds t'f their age or length of service, if that retirement was by virtue of an election, made as provided under this Act, to retain a date of retirement which is earlier than the date of retirement otherwise provided; (ii) in the case of transferred federal officers, within five years of transfer: • .. .' ,, ' ' ,J . . 828 No. 35 of 1996] Public Service Pensions .. Application of Fund Age of rcLircmcnt Provided that this paragraph shall not apply to any payment made in relation to a period afterthe date on which an officer, had he not retired earlier, would have been required under the provisions of this Act to retire; (J) the sum, relating to the payments made during the month under this Act (other than in respect of injury or death) to persons retired from Division I, II or III following service in Division IV of the amounts calculated in respect of every such payment as follows: KA x B C where KA = the payment made to the person during the month in question; B = the number of completed months of his pensionable service in Division IV; and C = the total number of completed months of his pensionable service. (2) Unless paid within one month from the date when they become payable, all payments under this section and section twelve shall be with interest at the eomniercial rate. - 12 Verify source ↗
All benefit� payable under this Act
AI-assisted research summary: Some transferred officers in divisions I to III must retire at age 55 if they meet the listed election and service-history conditions.
12. All benefit� payable under this Act- (a) in respect of injury or death; or (b) in respect of persons all of whose service on local condi tions was in Division IV; shall be paid from the general revenues of the Republic. 1 3. (1) A transferred Federal officer in Division I, II or III who was entitled under his terms and conditions of service while in the service of the Government of the former Federation of Rhodesia and Nyasaland to retire at the age of fifty-five years and who has elected in writing, within six months of the date of his transfer or before allaining the age of fifty years, whichever first occurs, to retain that age of retirement shall retire onthe fifty-fifth anniversary of the date of his birth. (2) An officer in division I, II or III who- (a) was transferred from service in Z1mbia; (b) is eligible on his retirement to receive a pension or gratuity under the appropriate law; and p , I • \i�iififreij�!ll<"""�ll>\i!!iii;i ., . -·· ,. . ' ) _ _, ' . • Public Service Pensions [No. 35 of 1996 829 (c) within five years of the date of his transfer or before attaining the age of fifty years, whichever first occours, elects i n writing to retain the rules that applied 10 his age of retirement immediately before his transfer; shall retire on the fifty.fifth anniversary of his birth. (3) For the purposes of this section," appropriate law "means the Constitution the Service Commissions Act, the European officers' Pension Act, the African Civil Servants' Pensions Regulations, the Subtirdinate Police (Pensions) Regulations, the Police Act, the Defence Act, the National Service Act, the Education Act, the African Education Act and the Technical Education and Vocational Training Act. - 14 Verify source ↗
Subjectto the provisions of this Act, a transferred officeror Benefits on
AI-assisted research summary: A transferred officer or probationer who resigns is entitled to a gratuity calculated under this section.
14. Subjectto the provisions of this Act, a transferred officeror Benefits on probationer who resigns shall be entitled to a gratuity calculated as resignation follows: (a) if his total service amounts to less than twenty years KA = KA x 19 400 (b) if his total service amounts to twenty years or more but less than twenty-five years- (c) if his total service amounts to twenty-five years or more 2 x KA; (2 x KA) + KA x B 25 where KA = the sum of his contributions; and B =the number of completed years in respect of which he has contributed. - 15 Verify source ↗
Notwithstanding anything to the contrary contained in this
AI-assisted research summary: A transferred Federal officer who is dismissed is entitled to a pension, with the pension calculated from the date of transfer and excluding the additional abolition of office pension.
15. Notwithstanding anything to the contrary contained in this Act, a Federal officer who was transferred to division I or II and is dismissed shall thereupon, in addition to a refund ·or his contribu tions, be entitled to a pension equal to the pension, if any (but not the additional abolition of office pension), calculated as at the date of his tran�fer in accordance with Part Ill of the Second Schedule to _the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, I 963. as though he were a person to whom that Part applied . Benefits on dismissal .. • '1f!���j{l!iji��:f!\SH���fur, ! -. . . . , : ;: .-,:�;3�a�1:�:-·-, ·::� tJ,�::;t�·-:4r:.t;_: �---,•: -::'< ___ ,':<:::1,;�:;/e·-❖:i;'.:.�t·�\J1�'.i��f i;1�i{;:���s::J@\:'.E��---�:�1,t;: :. I • 830 Pensions for !-poUSCS Pensions for children No. 35 of 1996] Public Service Pensions - 16 Verify source ↗
(I) Subject to the provisions of this Act, if a transferred
AI-assisted research summary: A spouse may be entitled to a pension when a qualifying transferred officer or retired person dies and leaves a spouse.
16. (I) Subject to the provisions of this Act, if a transferred ofliccr in Division I or II or a person transferred from Division I or II- (a) whose total service amounts to ten years or more; or (b) who is a transferred Federal Oflicer, dies and leaves a spouse, there shall be paid to the spouse a pension calculated as follows: KA x B x D + KA x C x D x 7 1,800 18,000 where K A = his pensionable emoluments or the annual pension able emoluments taken by the recognised authority for the purpose of calculating pension, as the case may be, at the date of his death; B = the number of months of total service completed by him at the date of his death; C = the numberof completed months remaining from the date of the officer's death to the fifty-fifth anniversary of his birth; and D = his emoluments factor. (2) Subject to the provisions of this Act, if a retired person who on the date of his rctiremcnt- (a) was er:titled to a pension under this Act, other than a pension payable in respect of injury or death; (b) was a transferred officer in Division I or II or a person transferred from Division I or II in the service of a recognised authority; and (c) had pensionable service of total service, as the case may be, amounting to ten years or more or was a transferred Federal officer serving in Division I or II; dies and leaves a spouse, there shall be paid to the spouse a pension calculated by means of the fonnula set out in subsection (I) as though that person had died on the date of his retirement. - 17 Verify source ↗
Subject to the provisions of this Act, pensions for children
AI-assisted research summary: Children’s pensions are payable if the stated service-and-transfer conditions are met and the person dies leaving one or more children.
17. Subject to the provisions of this Act, pensions for children shall be payable where- (a) a person in the service o"r a recognised authority who has transferred from local conditions whose total service amounts to ten years or more; or ::: :'•.: . - � ttii��ili��t�ij;;;;�s��"�;�:�1�1i�;'.\1:���,i�;;�;i�;;�;:����;i1;:�:�r�,;;�t;;;;;,;�i�t�l�il;�����$\1�;;fu;�t�����t1t�ifoi1: Public Srrvice Pensions [No. JS of 1996 831 Special pension for spouse, children and dependants of certain transferred officers (b) a transferred Federal officer serving on local conditions; dies and leaves one or more children. - 18 Verify source ↗
(1) This section applies only in relation to the spouse,
AI-assisted research summary: This section sets out when a special pension may be payable for the spouse, children, or dependants of certain transferred or retired public officers.
18. (1) This section applies only in relation to the spouse, children or dependants of- (a) transferred Federal officers who were appointed to the service of the Government of one of the fonner Protec .· . torates of Northern Rhodesia and Nyasaland; (b) retired person_s to whom paragraph (a) applied immedi ately before their retirement; (c) officers who were transferred from service in Zambia to local conditions; and (d) retired persons to whom paragraph (c) applied immedi ately before their retirement. (2) Subject to the provisions of this Act, i f a person described in subsection (I) dies and- (a) there remains a spouse; (b) no special pension is payable under this section to a spouse and there remains any child of the deceased; or (c) no special pension is payable or continues to be payable under this section to a spouse or in respect of any child and there.remains any dependant of the deceased; there shall be payable, in addition to any pension payable under the provisions of this Act, the special pension, i f any, calculated under subsection (3). . r·• .) , _ _,. calculated as follows: • (3) A special pension payable under subsection (2) shall be where KA = the pension which would have been payable under KA - (B + C + D); the widows and Orphans Pension Act and the person described in Cap. 402 subsection ( I ) died immediately before the date of his appointment to the service of the Government of t!Je fonner Federation of Rhodesia and Nyasaland or of his transfer from service in Zambia, as the case may be; I • • 832 No. 35 of 1996] Public Service Pensions B = the pension which Is payable under the Widows and Orphans Pension Act in respect of the person described in subsection (I) or which would have been so payable had that person not voluntarily continued to contribute under that Act in respect of the period after his appointment to the service of the Govern ment of the fonner Federation of Rhodesia and Nyasaland or of his transfer from service in Zambia, as the case may be; C = the pension, if any, payable under the provisions of this Act to the spouse of the person described in subsection (!); and D = the pension, if any, payable under the provisions of this Act in respect of the children of a person described in subsection (1). (4) A special pension calculated under subsection (3) shall be recalculated whenever any circumstance arises which results in any change in the factors B, C or D set out in that subsection. (5) Any special pension payable J.mder this section shall be in accordance with-- (a) the will left by the deceased; or (b) where the deceased has not left a will, the mode of distribution specifi�d in the Intestate Succession Act 1989. - 19 Verify source ↗
(I) the special pension of a spouse
AI-assisted research summary: A spouse whose special pension stopped because of remarriage may have it restored or, in some cases, elect to receive it again instead of the pension based on the later spouse.
19. (I) the special pension of a spouse - (a) to whom that special pension was payable under the provisions of this Act; (b) whose special pension ceased on remarriage; (c) whose subsequent spouse dies; and (d) who is not entitled to a pension under this Act in respect of any service with the Government by the subsequent spouse: shall be restored to the spouse as from the date- (i) of the death of the subsequent spouse; or (ii) when the i ast special pension payable in respect of any child or dependant of the previous spouse, ceases to be so payable: whicnever is ·the la:er. Act l-/o. 5 of 1989 Revival of special pension which ceased on remarriage 1i,,�,��fi}��·tflh���si\l$i!'i!���ii.�?. ' : . . "� . Public Service Pensions [No. 35 of 1996 833 1 (2) A spouse- (a) to whom a special pension was payable under the provi- sions of this Act; (b) whose special pension ceased on remarriage; (c) whose subsequent spouse has died; and (d) who is entitled to a pension under this Act in respect of any service with the Government by the subsequent spouse; may. subject to subsection (3) and on the election of such spouse. instead of the pension to which such spouse is entitled in respect of the subsequent spouse, be paid the special pension which ceased on remarriage. (3) The provisions of subsection (2) shall be effective- (a) if a special pension is payable under this Act in respect of any child or previous spouse, when the last such pension ceases to be so payable; and (b) in any other case, upon the death ofUi.! subsequent spouse. ( 4) In the event ofa spouse making an election in accordance with subsection (2) to receive the special pension which ceased on remarriage, the pension to which such spouse.became entitled in respect of the subsequent spouse shall be paid for the benefit of all or any remaining children or dependants of the subsequent spouse in accordance with- (a) the will left by the deceased; or (b) where the deceased officer has not left a will, the mode of distribution specified in the intestate Succession Act, 1 989. - 20 Verify source ↗
(1) Subject to the provisions of subsection (2), any person
AI-assisted research summary: Some Junior Division staff on 31 October 1961 are treated as Division IV officers, but they cannot claim benefits under the African Civil Servants Pensions Regulations.
20. (1) Subject to the provisions of subsection (2), any person who was serving in the Junior Division of the former Protectorate of Northern Rhodesia on the 3 1st October 196 1 , shall, for the purposes of this Act, be deemed to have been an officer in Division IV throughout such of his continuous service as preceded the !st November, 1961, and shall not be entitled to any benefits under the African Civil Servants Pensions Regulations. (2) Subsection (!) shall not apply to persons who on the 31st October, 1961 held the post of District Messenger, Senior District Messenger, Second District Messenger, Head District Messenger or any Scheduled post. !i!��f������i�}liil�11/���(�f .. Act No. 5 of 1989 Officers deemed to be in Division IV 834 Commuta tion of pensions 'D No. 35 of 1996] Public Service Pensions - 21 Verify source ↗
(I) An officer who is entitled to a pension may elect before
AI-assisted research summary: An eligible officer may choose pension commutation or a gratuity, subject to timing rules, amount limits, and an exception for injury or death pensions.
21. (I) An officer who is entitled to a pension may elect before the payment of pension commences, to receive in lieu of eitherone third ortwo-thirds of that pension, a gratuity calculated by multiply ing the amount of pension to be commuted by the factor o6tained from the Fourth Schedule appropriate to the officer's age on his last day of pensionable service or total service as the case may be: Provided that if the portion of the pension not so commuted is less than KS0,000, the Board may commute the whole pension at the election of the officer. (2) In the case of a transferred Federal officer who is granted a further pension under the provisions of this Act his pension for the purpose of subsection (]) shall be the aggregate of his pension and further pension: Provided that, in calculating the amount of the single payment to be paid by way of commutation in such cases, the Board shall apply in respect of so much of the amount of pension to be commuted as does not exceed the amount of the further pension, a factor not Jess than the factor which would have been applied had the recipient retired on the day immediately before the date he was transferred to local conditions. (3) /rn officer who was transferred from service in Zambia may, provided he so elects in writing before the date of this retirement, elect that subsectio;i (]) shall not apply to him and that instead his pension shall be reduced by an amount, not exceeding one-quarter of that pension, determined by him on that election and that.he shall be paid a gratuity equal to twelve and one-halftimes the amount by which his pension is so reduced. (4) An officer who retires may opt to commute either one-third or two-Ll1irds of his pension for a lump sum, calculated in ac;_cor dance with the commutation factors as set out in the Third Schedule. (5) Nothing in this section authorises th� commutation of any pension or part of a pension payable in respect of injury or death. Certain bcnt!liL'\ to be granted or increased retrospec tively Cap. 48 1965 Edition - 22 Verify source ↗
( I ) Where any benefit which has been or is payableunder thc
AI-assisted research summary: If an existing pension-type benefit is lower than the benefit that would have applied under this Act, an extra amount must be paid to cover the difference; a similar backdated benefit applies in certain pre-commencement cases, unless ex gratia or other lawful payment already covered the situation.
22. ( I ) Where any benefit which has been or is payableunder thc Zambia Civil Service (Local Conditions) Contributory Pensions Act, to or in respect of any person is less than the equivalent benefit which would have been payable if at the date with respect to which the benefit is calculated the provisions of this Act had been in operation, there shall be paid to or in respect of that person with effect from that date an additional benefit equal to the difference. Public Service Pensions [No. 35 of 1 996 835 (2) Where prior to the commencement of the said Act and after phe 31st October, 1 96 1 , there existed circumstances in which- (a) no benefit was payable under the said Act to any person; (b) a benefit would have been payable had this Act been in operation at the appropriate lime: there shall be paid to or in respect of that person the benefit which would have been payable had this Act been in operation at the appropriate time: Provided that this subsection shall not apply in any case in which a payment was made ex gratia or under the appropriate law in relation to the circumstances and the person described. - 23 Verify source ↗
(I) With effect from the specified date
AI-assisted research summary: Certain pensions are increased from the specified date, using different increase rules depending on the monthly pension amount.
23. (I) With effect from the specified date- (a) any pension payable underthis Act which does not exceed ten kwacha per month shall be increased to fifteen kwacha per month; (b) any pension payable under this Act which exceeds ten kwacha per month but docs not exceed fifty thousand kwacha per month shall be increased by seven thousand kwacha; (c) any pension payable under this Act which exceeds fifty thousand kwacha per month but does not exceed eighty thousand kwacha per month shall be increased so as to amount to eighty thousand kwacha per month. (2) For the purposes of this section, " specified date " means the first day of January, 1 977. Increase of certain pensions () - 24 Verify source ↗
For the purposes of this Schedule
AI-assisted research summary: This section defines terms used in the Schedule, including local conditions, pensionable service, qualifying service, recognised authority, and scheduled post.
24. For the purposes of this Schedule- Dcfini1ions " Division I, II, III, or IV ", as the case may be, in relation to any person, means belonging of the four Divisions into which persons serving on local conditions were divided; " Federal ", in relation to any officer. means in the service of the Government of the former Federation of Rhodesia and Nyasaland immediately before his transfer to local condi tions on or after the I st October, I 963; " local conditions " means- (a) in respect of any period before the 24th October, 1964, the terms and conditions of civil service, including service in the Police Force and Prisons Service, which were known as Local Conditions and were introduced with effect from the 1st November, 1 961, by the Govern ment: and ,,,;,,,,,,�,\f,1ii,i,>;,,.,�.,,,""lli>;jllil�r --------.- : ' ·-··· ·-· --- . .. 1 836 No. 35 of 1996] Public Service Pensions (b) in respect of any period after the 23rd October, 1 964, the tenns and conditions of the Public Seivice, including seivice in the Police Force and Prisons Seivice, which are known as Local Conditions and are issued by the Government from time to time for public officers who arc citizens of Zambia; " pensionable seivicc ", in respect of any person, means the aggregate of- (a) his continuous service, if any, in respect of which contributions have been paid; (b) his qualifying service if any, in a scheduled post; and (c) in the case ofa person who has seived in Division Ill or IV in a scheduled post or has both so contributed and so served, half his qualifying service, if i\1:IY, in any post other than a scheduled post: Provided that for the purpose of detennining whether such person has completed ten years pe�sion�blc ser vice, the whole of his continuous seivice in Divisicm III or IV shall be deemed to be pensionable service; Jess any period of absence from duty which is not countetl as pensionable service; " qualifying service " means- (a) in the case of a person whose service commenced before the 1 st January, 1946, continuous service in Division III or IV; and (b) in the case of a person whose service commenced after the 3 1 st December, 1945, continuous scivice in Division Ill or IV after he attains the age of twenty years; less any period of temporary suspension arising from misconduct and any period of leave without salary which was not granted on the grounds of public policy with the approval of the Pennanent Secretary, respon sible for Personnel Management; •. ' I ) " recognised authority " mcans- (a) any government or administration included in the Schedule made under regulation (17) of the Regulations set out in the Third Schedule to the European ofliccrs' Pensions Act; Cap. 400 �r.:i��t1�1���()Y1,'8!�il�: . . ") ' . .,. ; '•!· . . • • -�.- � ii;t;i;��iii1;��i�§i�;Mcii�*i�s�I�ti��ii�it�:.t1�AiW11,�����\i�i��sfa�;�1,f;;,�,g,Aj,,�, ' ' p Public Service Pensions [No. 35 of 1996 837 (b) any other government or administration which the President may, by statutory order, dec,are to be a recognised authority; (c) in relation to service in the Public Service other than on local conditions, the Government; (d) the Unified African Teaching Service and the Teach- ing Service created under the African Education Cap. 231 Act, and any service replacing those services; (e) the Zamhia Defence Force; and (fJ any puhlic corporation or public organisation which the President may, by statutory order, declare to be a recognised authority; " scheduled post " means a post described in the Appendix to this Schedule; " se,vice in Zambia " means service priorto a transferto local conditions which is pensionable in accordance with the appropriate law. APPENDIX TO FIRST SCHEDULE (Section 24 of First Schedule) SCHEDULED POSTS Fish Guard Senior Fish Guard Head Fish Guard Game Guard Senior Game Guard Head Game Guard Tsetse Control Guard Senior Tsetse Control Guard Head Tsetse Control Guard 838 No. 35 of 1996] Public Service Pensions SECOND SCHEDULE (Section 54) CONDITIONS OF SERVICE Rm.ATINO TO DEATI! OR INJURY IN THE COURSE OF DU'fY ARRANGEMENT OP SECTIONS Section: · i . Sick leave for injured persons
Part
PART III
- 9 Verify source ↗
(I) As from a date to be fixed by the President by statutory
AI-assisted research summary: The President may set the commencement date by statutory instrument after consulting the Board, and the Public Service Pensions Fund is to be created. The existing fund is to be transferred to that new fund without further assurance.
9. (I) As from a date to be fixed by the President by statutory instrument, in consultation with the Board, there shall be consti tuted the Public Service Pensions Fund. Public Service Pensions Fund (2) Without further assurance the existing fund shall be trans ferred to the Public S_ervice Pensions Fund, - 10 Verify source ↗
The Fund shall comprise the following members
AI-assisted research summary: The Fund includes existing fund members and other public service employees prescribed by the Board. The Board controls the Fund, and the President may adjust contribution and benefit structures with the Board and an actuarial valuation.
10. The Fund shall comprise the following members: (a) the members of the existing fund: and Mcmbersh of Fund (b) such 0Ll1er persons, being employees of public service, as the Board may prescribe. .._" I 1. (1) The Fund shall be vested in the Board which shall, subject to the provisions of this Act, have the sole management and control of the affairs of the Fund. Vesting of Fund and transitional provisions 0 '. . 800 No, 35 of1996] Public Service Pensions (2) The law to be applied wi'th respect to any pension benefits that will have accrued to the credit of any member of the existing fund, on the commencement of this Act, shall be the law applicable to the ex.isling fund. (3) The formula to be applied to the contributions and benefits of a member of the Fund as from the day after the commencement of this Act, shall be the formula set out in Parts V to XI of this Act as adjusted in accordance with the provisions of subsection (4). (4) The contribution and benefit structure set out in Parts V to IX shall. on the commencement of this Act, be subject to adjust ment by the President, in consultation with the Board, by statutory instrument, in accordance with an actuarial valuation conducted to ascertain the viability of the Fund. - 12 Verify source ↗
There shall be a Chief Executive of the Fund who shall be
AI-assisted research summary: The Board appoints the Fund’s Chief Executive and sets the service terms.
Provision text is not available in this stored record.
- 13 Verify source ↗
A person shall not be qualified for appointment as Chief
AI-assisted research summary: A person cannot be qualified for appointment as Chief Executive unless the Board is satisfied about the person’s relevant academic attainments and experience.
13. A person shall not be qualified for appointment as Chief Executive unless the Board is satisfied that he has the academic attainments and experience relevant to the managementof pension schemes. - 14 Verify source ↗
The ChiefExecutive shall, subjectto the provisions of this
AI-assisted research summary: The Chief Executive is responsible to the Board for directing staff and managing the Fund, following the Act and the Board’s general directions.
14. The ChiefExecutive shall, subjectto the provisions of this Act and to the general directions of the Board, be responsible to the Board for the direction of persons serving in the Fund and for the management of the Fund and in particular for- (a) the collection of contributions and other moneys due to the Fund under the provisions of this Act and the payment thereof into the Fund; (b) the payrnP.nt out of the Fund of benefits and claims under this Act and of the expenditure necessary forthe admin istration of the Fund; (c) the investment of surplus funds in accordance with the provisions of this Act; (dJ accounting for all moneys received, paid out or invested under this Act; and Chief Executive Qualifica tions of Chief Executive Functions of Chief Executive Olher staff Objectives of Fund ( e) carrying out such other functions as the Board may direct. - 15 Verify source ↗
The Board may appoint such other staff as it may consider
AI-assisted research summary: The Board may appoint additional staff if it considers them necessary to perform the Fund’s functions.
15. The Board may appoint such other staff as it may consider necessary for the performance of the functions of the Fund. - 16 Verify source ↗
The Fund shall be based on the social insurance principle
AI-assisted research summary: The Fund must operate on a social insurance basis and follow a set of pension-management objectives.
16. The Fund shall be based on the social insurance principle of pooling resources and sharing risks and shall pursue the follow ing objectives: Public Service Pensions i [No. 35 of 1996 801 (a) the Fund shall not undertake any business or make any financial commitment which is inconsistent with the basic objectives of the Fund and the interests of the members of the Fund; (b) the Fund shall appreciate the concepts of the financing of pensions, the need to take account of long-term liabili ties, and the linkage between higher benefits and higher contributions; ,, (c) the Fund shall maintain a distinction between employment conditions of service (such as those relating to retrench ment and early retirement) and eligibility for pension benefits; (d) the Fund shall endeavour to maintain the real value of benefits; (e) the Fund shall make adequate arrangements for the transfer or preservation of pension rights; (f) the Fund shall maintain a realistic contribution structure; (Ji) the Fur,d shall make adequate arrangements to avoid non compliance; (h) the Fund shall avoid delays and other constraints to the effective provision of adequate benefits under the Fund; (i) the Fund shall maintain cnrrcnt records for members and contributions; and (J) the Fund shall curb excessive administrative costs and shall ensure prudential management of the Fund. -- - 17 Verify source ↗
The Board shall submit to Parliament annually a comprc- Reports 10
AI-assisted research summary: The Board must submit an annual comprehensive report to Parliament about the Fund’s operations.
17. The Board shall submit to Parliament annually a comprc- Reports 10 Parliament hensive report recovering the operations of the Fund. PART lV FINANCE AND MANAGEMENT 01' FUND
Part
PART lV
- 18 Verify source ↗
As from the date mentioned in section nine, the existing
AI-assisted research summary: From the date mentioned in section 9, the existing fund must be dissolved and the related enabling legislation is repealed.
18. As from the date mentioned in section nine, the existing fund shall be dissolved and the enabling legislation relating thereto shall stand repealed. - 19 Verify source ↗
When the existing fund is dissolved pursuant to section
AI-assisted research summary: If the existing fund is dissolved under section 18, its property, rights, liabilities, and property held for it vest in the Board.
19. When the existing fund is dissolved pursuant to section eighteen, all property, real or personal, and all rights and liabilities of the existing fund, and all property, real or personal, held by any person on behalf of the existing fund. shall, on the date mentioned in section eighteen, vest in the Board without any conveyance or other instrument or the authority of any court. - 20 Verify source ↗
The Fund shall consist of
AI-assisted research summary: The Fund consists of specified assets, contributions, interest, income, capital appreciation, and any other sums or assets accruing or granted to it.
20. The Fund shall consist of- (a) the assets vested in the Board under the provisions of section nineteen; (b) contributions and interest paid into the Fund in accordance with the provisions of this Act; Dissolution of existing fund and repeal of enabling legislation Tranfer o( assets ' Property of Fund }��1���i@�;�,,,::;�ih��,,:��i£t4?;.�hit,-,",:���,'),. ,.,&2i��/%t,:i:{;.:;2::,li�i:'..'.�l�;-�2;4�£�;·:tt+>, -�:::::- ·� :•:.:.:,·: 802 No. 35 of 1996] Public Service Pensions (c) income and capital appreciation derived from 1i1e holding of the assets of the Fund in any fonn; and (d) any other sums or assets accruing or granted to the Fund.P Payments - 21 Verify source ↗
(I) All contributions shall be paid into the Fund
AI-assisted research summary: Section 21 says all contributions are paid into the Fund, and several specified sums are also paid into or from the Fund each month.
21. (I) All contributions shall be paid into the Fund. (2) There shall be paid into the Fund each month from the general revenues of the Republic-- 7 (a) the amount equal to the sum of the contributions paid into the Fune! during that month or such other amount calcu lated with regard to those contributions as may be fixed by the President in consultation with the Board follow ing the advice of an actuary appointed by the Board; (b) the sum of all payments made during that month to persons who have been required to retire--- (i) on abolition of their posts; (ii) to facilitate an improvement, by which greater efficiency or economy could be effected in the organisation of the parts of the service to which they belonged; or (iii) in the public interest; (c) the sum of all payments made during that month to persons who retired on the grounds of their age or length of service, if that retirement was by virture of an election, made as provided under �ection thirty-five, to retain a date of retirement which is earlier than the date of retirement otherwise provided: Provided that this paragraph shall not apply to any payment made in relation to a period after the date on which an officer; had he not retired earlier, would have been required under the provisions of this Act to retire. (3) Upon the retirement of any person in respect of whom a payment. is made to the Fund by virture of paragraph (b), of subsection (2). there shall be paid from the Fund to the general revenues of the Republic an amount equal to the sum of the aggregate of the person's contribution and the aggregate of the payments to the Fund in relation to him which were ma(le under paragraph ( a) of subsection (2). (4) There shall be paid into the Fund from the general revenues of the Republic the sum of the amounts by which the interest on the investments of the Fund in any year is less than five per centum of the mean balance of the Fund in that year. i!�l!j��}l�'&ib��t!S�lS�l����i1�; ; .... � ' '': • ' ;'z.·• r ---·--•.--·- . . -· ···-· ···-·-- --- - --·· - --- ---... --------- __ _._ . ' . --- Public Service Pensions [No. 35 of 1996 803 Protection of member's account - 22 Verify source ↗
(1) Subject to the provisions of subsection (2), the sum
AI-assisted research summary: Money in a member’s Fund account stays with the Board and is protected from attachment, and benefits under the Act generally cannot be assigned or transferred except for specified debts or court-ordered maintenance payments.
22. (1) Subject to the provisions of subsection (2), the sum standing to the credit of a member's account in the Fund shall, unlil paid out in acc;:;,rdance with the provisions of this Act, remain the property of ,the Board and shall not fonn part of the assets of a member in the event of his bankruptcy orinsolvency, orbc liable to attachment in satisfaction of his debts; and any security, pledge or assignment given before or after the commencement of this Act which purports to include any such or part thereof shall, to that extent, .be void. (2) A pension or other benefit granted under this Act shall not be assignable or transferable except for the purposes of satisfying- (a) a debt due to the Fund or the Government; or (b) an order of any court for the periodic payment of sums of money towards the maintenance of the spouse or fonner spouse or child or other dependant under any written law. - 23 Verify source ↗
There shall be charged on, and discharged from, theFund
AI-assisted research summary: This section says the Fund is to be used for specified payments and costs, including benefits, administration expenses, losses on Fund assets, and other payments authorised by the Act or regulations.
23. There shall be charged on, and discharged from, theFund (a) the payment of benefits in accordance with the provisions of this Act; Application of Fund .- (b) the whole of the expenses incurred in connection with, or incidental to the management and administration of the Fund, including the cost of staff and the audit and actua1ial assessment of the Fund; (c) any losses incurred on the realisation, or decrease in the value of any assets of the Fund; and (d) any other payments au:horised to be made out of the Fund under the provisions of this Act or regulations made thereunder. - 24 Verify source ↗
The Board shall appoint an actuary, who shall be a person
AI-assisted research summary: The Board must appoint an actuary who has internationally recognised qualifications.
24. The Board shall appoint an actuary, who shall be a person holding internationally recognised qualifications, to carry out the duties and exercise the powers imposed or conferred upon him by the provisions of this Act. Appointment or actuary - 25 Verify source ↗
(1) The Fund shall be valued by an actuary as may be
AI-assisted research summary: The Fund must be valued by an actuary when required by the Board, and at least every three years. After any valuation, the actuary must report on the Fund’s state and recommend action if there is a surplus or deficiency.
25. (1) The Fund shall be valued by an actuary as may be required by the Board: Acmarial Va]uation of Fund Provided that the Fund shall be valued at intervals not exceeding three years. (2) The actuary shall, upon any valuation of the Fund, prepare a report on the state of the Fund and, in regard to any surplus ·or deficiency revealed, the actuary shall recommend therein wnar action should be taken. ,}!'1:FI)i--��l:1��-!ili<lWHl,l�k�Aw. I Public Service Pensions [No. 35 of 1996 805 - 29 Verify source ↗
(I) The investment of any moneys of the Fund not required
AI-assisted research summary: The Board may invest Fund moneys not needed for current charges in specified investment types, but not more than 20% of net asset value in any one form of investment.
29. (I) The investment of any moneys of the Fund not required to meet th=urrent charges upon the Fund shall, subject to this section. be of the discretion of the Board which is hereby empow ered to invest such moneys in any of the following ways: Investment of moneys of fund (a) in any interest bearing accounts of any bank or institution which is governed by any written law of Zambia; (b). in stocks, securities or funds issued by oron behalfofthe · •.· · Government or in stocks, securities or funds guaranteed by the Government; and (c) in such o\her investment as may be approved generally or specifically by the Board. (2) The Board shall not invest assets in excess of twenty per centum of its net asset value in any one form of investment. PART Y CoNTRmUT10Ns
Part
PART Y
- 30 Verify source ↗
( ] ) Subject to the other provisions of this section, an officer
AI-assisted research summary: Officers and probationers must make pension contributions at the stated rate, with some age and absence-based exceptions.
30. ( ] ) Subject to the other provisions of this section, an officer or probationer shall contribute at the rate of seven and one quarter per centum of his pensionable emoluments or at such other rate as the President may fix by statutory order in consultation with the Board following the aovice of an actuary appointed by the Board. -- Persons required to contribute and rates of contribution ' (2) An officcrorprobationershall not contribute in respectofany period of service- (a) prior to his attaining the age of eighteen years; or (h) after attaining the age of his retirement under the provi sions of this Act. (3) If the initial contribution of an officer or probationer would be in respect of a period commencing after the officer has attained the age of forty-five years, sur.11 officer or probationer shall not contribute. (4) Subject to subsection (5), where an oflicer or probationer is, during any period of the ofliccr's or probationer's service, absent from duty with or without leave of absence. the officer or proba tioner shall contribute al the rate appropriate 10 the officer's or probationer's full pensionable emoluments during that absence whether the officerorprobationer receives such emoluments ornot. 806 No. 35 of 1996] Public Service Pensions (5) Notwithstanding the provisions of subsection ( 4}- (a) the appropriate authority may direct that any period during which an officer or probationer is absent from duty withoul leave of absence shall not count as pensionable service; or (b) an officer or probationer may elect that any period of absence exceeding thirty days which is granted to the officer or probationer on reduced pensionable emolu ments or without pensionable emoluments shall l'lOt be counled as pensionable service; and, in either case, the period to which such direction or election relates shall not be counted as pensionable service and no contribu• tions shall be paid in respect of it. - 31 Verify source ↗
(]) An officer or probationer who, immediately prior to
AI-assisted research summary: An officer or probationer may, with consent, elect to contribute for certain past temporary-employee service, but the election must be made within one month after being told they may do so.
31. (]) An officer or probationer who, immediately prior to being appointed as such officer or probationer, :was a temporary employee may, with the co.,sent'ofthe �ppropriate authority, elect to contribute in respect of all or, any past continuous service as temporay employee- (a) which was service approved by the appropriate authority for the purposes of this section; (b) which was immediately followed by service as an officer or probationer:' and (c) in respect of which contributions would have been payable under section thirty if such service had been as an officer or probationer. (2) The emoluments on which contributions shall be calculated following an election made under this section shall be the emolu ments determined by the Permanent Secretary, responsible for personnel management. (3) An election made under subsection ( ] ) shall not be valid unless made within one month of the date when the officer or probationer is advised by the Permanent Secretary, responsible for personnel management, that he may make such election, and any such election shall be irrevocable. (4) Contributions which an officer or probationer elects to make under this section shall become payable on the date of his election. - 32 Verify source ↗
( I ) Contributions payable under this Part shall be pJ!yable
AI-assisted research summary: Contribution payments under this Part are due monthly in arrears, usually by deduction from pensionable emoluments. Late or deferred contributions may attract interest or be deducted from later pension or benefit payments.
32. ( I ) Contributions payable under this Part shall be pJ!yable monthly in arrears and shall ordinarily be effected by deduction from any pensionable emoluments payable to the officer or proba• tioncr and, in calculating the amount of any contribution, any fraction of the Kwacha shall be taken as one Kwacha. Voluntary conLribmions for previous service Method or payment of contribution.,; i���fi*��'5.ti:(1�1�!�-'imfr ''.:.: . . �--•--¢-•-- --- -- ' ' - - ·- ··- --- -- - - ------------ ---------·-- p ' I ., I ,:,1 .. '\ Public Service Pensions [No. 35 of _1996 807 (2) An officer or probationer who- (a) proceeds on leave with reduced pensionable emoluments or without pensionable e1,1oluments; and (b) has made no election under subsection (5) of section thirty: may elect to defer the payment of contributions in respect of the period of his leave until the expiration of that leave . (-3) Unless paid within one month from the date when they become payable, any contributions which are deferred under sub-· section (2) or become payable under section thirty-one shall be paid with interest at the ruling Central Bank deposit rate in such manner as the Board shall detennine. (4) Any contributions, including interest thereon, due under this Pan which remain unpaid when any pension or other benefit becomes payable under this Act in respect of the officer or proba tioner from whom the contributions arc due shall be deducted in such manner as the Board may determine from such pension or other benefit. PART VI AGE or- RETIREMEl-'T
Part
PART VI
- 33 Verify source ↗
Subject to the other prov:sions of this section or any other
AI-assisted research summary: Officers generally must retire at age 55, but certain defence, police, and prisons officers may retire earlier with notice; the appropriate authority may also set earlier or later retirement dates in consultation with the Board.
33. Subject to the other prov:sions of this section or any other writlcn law, an officer shall retire on the fifty-fifth anniversary of the dale of his binh: Age of retirement ifi\i1!��)1h!fuljiBl1�ii�'½/l!!i' : !-•. ' ,; ; -�.;_,1 . '. .- • Provided lhat- (i) any member of the Defence Forces, or an officer of or below the rank of Chicflnspectorin the Police Force, or an officer of or below the rank of Chief Officer III in the Prisons Service, may, on giving due notice, retire on orafter auaining the age of fony-five years or after completing twenty years service whichever is the earlier; (ii) the appropriate authority may, in consultation with the Board, prescribe earlier or later dates for the retirement of all or any of its officers. I - 34 Verify source ↗
(I) An officer who dies after completing twcmy years
AI-assisted research summary: An officer who dies after 20 years’ service is treated as having retired immediately before death, and the officer’s estate may get commutation of two-thirds of the pension as a lump sum.
34. (I) An officer who dies after completing twcmy years service shall be deemed 10 have retired immediately before the date of his death. Dcaih aflcr twenty ycnrs service (2) The estate of an officer to whom suhsection (1) applies shall be entitled to the commutation of two thirds of the pension payable in lamp sum. if���t•<-�•--<-�------- . : ---· -- . ..... --------· ,_,_ __ ......_ _____ __ . . . 808 Ser.vice after, retirement No. 35 of 19961 Public Service Pensions 35. No service by any officer afterthe date for his retirement by or under this section shall be taken into account in calculating any pension or lump sum payment under this Act PART VII BENEFITS ON RESIGNATION, DISCHARGE OR DISMISSAL Dcncfiis on resignation
Part
PART VII
- 36 Verify source ↗
(1) Subject to the provisions of Part XI and of subsection (3),
AI-assisted research summary: An officer or probationer who resigns is entitled to a lump sum, subject to Part XI and subsection (3). If resignation is without due notice, the appropriate authority may deduct up to the person’s pensionable emoluments for that notice period.
36. (1) Subject to the provisions of Part XI and of subsection (3), : .an officeror probationerwho resigns shall be entitled to a lump sum , calculated as follows: SC + (SC x I x Y); where SC = the sum of the officer's contributions; I = interest at current Central Bank deposit rate; and Y = the nurr.bcr of completed years in respect of which the officer has contributed. (2) If a person who is entitled to a lump sum under subsection (1) resigns without due notice, the appropriate authority may, deduct from that payment such sum as that authority may determine, being not more than the pensionable emoluments of the person, for that period of notice. - 37 Verify source ↗
A probationer who is discharged shall be refunded the sum
AI-assisted research summary: If a probationer is discharged, the contributions the officer made must be refunded with interest at the ruling Central Bank deposit rate.
37. A probationer who is discharged shall be refunded the sum of the contributions the officer made plus interest at the ruling Central Bank deposit rate. - 38 Verify source ↗
Any officer or probationer who is dismissed shall be
AI-assisted research summary: If an officer or probationer is dismissed, they must be refunded their contributions plus interest at the ruling Central Bank deposit rate.
38. Any officer or probationer who is dismissed shall be refunded the sum of the contributions the officer made plus interest at the ruling Central Bank deposit rate. PART VIII BENftl'ITS ON RETIREMENT Benefits on discharge Bcm:fits on dismissal RcncnL� for officers rc1iring on alx>lilion of po:-1 or Lo effect grc.atcr efficiency or economy
Part
PART VIII
- 39 Verify source ↗
(1) Subject to the provisions of Part XI and ofsubsi:ction (2),
AI-assisted research summary: An officer who retires because the post is abolished, or to support efficiency/economy improvements, is entitled to a pension from the date of retirement, subject to subsection (2) limits.
39. (1) Subject to the provisions of Part XI and ofsubsi:ction (2), an officer who retires on the abolition of his post or to facilitate an improvement by which greater efficiency or economy could be effected in the organisation of Lhe part of the service to which the officer belongs shall be entitled with effect from the dale of Lhc ofticcr"s retirement to receive a pension calculated as follows: KA x B , KA x D. 60 C r-!l•)1!$;��>½�,,.;>?ill!lfill, - . ;:.. -. . . . ) � . . ,. f:-: ' ;._::· ;- ,r• : �":J1;;�tillh P1iblic Service Pensions [No; 35 of 1996 809 where KA = his pensionable emoluments; B = the number of completed months of his pensionable service; C = the age at which he retires, expressed in completc'moni_hs; D = the num bcr of completed periods of three years fa his pensionable service, to a maximum of.ten. '(2) A pension payable under subsection (1) �hall not exceed- . (a) the pension,calculated w_ith reference to the salary scale on which the officer was serving at. the time of retirement, to which the -�fficer wouJd. haye _qe,en ,e_ntitled if the officer had continued to hold 1\1� post the officer held at the date of retirement u�tit'the date on whlch the officer would otherwise have retired under the provisions of this Act having i"cceiveiall· scalc increments for _.;hich the officen\'.ould. have been eligible by-that date; or (b) two-thirds of the highest annual rate of pensioiiable emol u ments received by the officer at any· time during the offic�r• s p_ensionable sei:vice.: . .. . . . - 40 Verify source ↗
(1) Subjecttci the proVisionsbfPartXI; iui officcrwh6 r�tircs
AI-assisted research summary: An officer who retires on permanent ill-health grounds, with medical evidence accepted by the appropriate authority, is entitled to retirement benefits.
40. (1) Subjecttci the proVisionsbfPartXI; iui officcrwh6 r�tircs on medical evi'deilce-tothe'satisfaction.of the·appi'opnate ailtliori'ty that he is incapable by reason of infirtnity ·of m1iii!' or body of discharging the duties of his office and that such infirmity is likely . to be permanent shall, with effect from the date of the ,officer's retirement, be entiLled- • \ '1 " 0 M �· 0 0 ' Benefits for officers retiring on �rouJJ,ds of 11! health · t1i� % �t:t��, . (a) i f the officer's pensionable service amounts to less than-ten years, to a lump sum calculated as follows: SC + (SC x I x Y); and (b) i f the officers pensionable service amounts to ten years or more, to a pension calculated as follows: (i) in the case where the officer's infirmity is, in the opinion of the appropriate �ulhority, due to or occasioned by the officer's own default� KA x B C. !ffH�.i.tl"ll1•"''•·----·· . ,. , . .,J•' ·::-:·.-•-', :.- :· .. _ ?-' '. • - . ����ii��L�,. 810 No. 35 of l 9961 Public Service Pensions (ii) in the case where the officer's infirmity is not. in the opinion of the appropriate authority, due to or occasioned by the officer's own default- KA x B + KA x D x 7 C 7,200 (2) For the purposes of the calculations set out in subsection (1 ) KA=pensionable emoluments;. B=the number of completed months of pensionable service; C=the age at which an officer retires, expressed in complete months; D=thc numbcrofcompletemonths remaining from 01eofficer's retirement until the date on which he would otherwise have retired under the provisions of this Act; ·-') SC=the sum of the officer's contributions; !=interest at current Central Bank deposit rate; Y=the number o f completed years in respect of which the officer has contributed. Benefits for officers retiring on grounds not otherwise described - 41 Verify source ↗
Subject to the provisions of Part X, an officer who retires
AI-assisted research summary: A retiring officer is entitled to either a lump sum or a pension, depending on years of pensionable service.
41. Subject to the provisions of Part X, an officer who retires under section thirty-three on grounds other than those described in sections thirty-nine and forty shall, with effect from the date of the officer's retirement, be entilled- (a) if the officer's pensionable service amounts to less than ten years, to a lump sum calculated as follows: SC + (SC x I x Y); or (b) i f the officer's pensionable service amounts to ten years or more, to a pension calculated as follows: ·- , · ✓/ KA x B C where KA = the officer's pensionable emoluments; B = the number of completed months of the officer's pension able service; C = the age at which the officer retires expressed in complete months; SC = the sum of the officer's contributions; ' Public Service Pensions [No. 35 of 1996 811 I = interest at current central Bank deposit rate; Y = the numberof completed years in respectofwhich the officer has contributed. PART IX B ENErITS roR SPOUSES AND CnII.DREN OF DECEASrill PENSIONERS
Part
PART IX
- 42 Verify source ↗
( 1 ) Subject to the provisions of Part X, if a probationer dies,
AI-assisted research summary: If a probationer dies, a gratuity and any related lump sum payment must be paid, subject to Part X.
42. ( 1 ) Subject to the provisions of Part X, if a probationer dies, there shall be paid the gratuity which would have been payable to the ·o:flicer under section thirty-six had the officer resigned on the dale of the officer's death and such lump sum payment shall be in addition to any benefit payable under Part X. (2) A lump sum payable under subsection (I) shall be paid in accordance with- (a) the will left by the deceased; or (/J) where the deceased has not left a will, the mode of distribution specified in the Intestate Succession Act, 1989. - 43 Verify source ↗
(1) Subject to the provisions of Part X, ifan officer dies and
AI-assisted research summary: If an officer dies, a lump sum may be paid instead of a pension in some cases, and it must be distributed according to the deceased's will or intestacy rules.
43. (1) Subject to the provisions of Part X, ifan officer dies and no pension, other than a pension payable in respect of injury or death, is payable to any remaining spouse or child, there shall be paid a lump sum equal to the sum which would have been payable · to the officerunder section thirty-six had the officer resigned on the date of his death. (2) A lump sum payable under subsection (I) shall be paid in accordance wilh- (a) Lhe will left by U1e deceased; or (/J) where the deceased has not left a will, the in ode of distribution specified in the Intestate Succession Act, 1 989. - 44 Verify source ↗
(1) Subject to the provisions of Part X, a gratuity shall be
AI-assisted research summary: A gratuity must be paid when an officer dies, unless the death was caused by the officer’s own wrongful act or omission in the course of official duties, as determined by the appropriate authority.
44. (1) Subject to the provisions of Part X, a gratuity shall be paid in respect of an officer who dies, and whose death, in the opinion of the appropriate authority, was not caused by any wrong l'ul act or omission on the part of such officer in discharging the officer's official duties. (2) A gratuity payable under this section shall be equal to the officer's annual pensionable emoluments at the date of the officer's death and shall be paid- Benefits on death of probntioncr Act No. 5 of 1989 Benefits on dcuth of officer Act No. 5 of t989 Special dcalh graruity (a) in accordance with the will left by the deceased; or (b) where the deceased has not left a will, in accordance with tlie mode of distribution specified in the Intestate Act No. 5 of 1989 Succession Act, 1 989. I : ) •,• . \;�\{.i;��t.l���j;�t{�ll�,�glli;m���,ili���ill�t�i��ii��i.�11��MHi�ii������};:a_t;��t�1��1:u��M�� - 812 Verify source ↗
· No: 35 of 1996]
AI-assisted research summary: This text appears to be a section heading or fragment about public service pensions for spouses, but it does not state a rule.
812 . . · No: 35 of 1996] Public Service· Pensions Pensions rOr spouses - 45 Verify source ↗
(1) Subject to the provisions of Part X, if an· officer whose
AI-assisted research summary: A spouse may be paid a pension when an eligible officer or retired person dies, if the stated service and entitlement conditions are met.
45. (1) Subject to the provisions of Part X, if an· officer whose pensionable service amounts to ten years or more dies and leaves a spouse, there shall be paid to the spouse a· pension calculated as follows: KA x:B �KA x C x 7 1 ,890 1 8,000 · ,.: . wliere *A � the officer's pensionable emolumeri"ts a; ;he date . . cif the officer's death·; B = the nµmper·of months of pensibnab/e service completed :.by t_he .oflfoer at the pate of the.officer's death; and . . . C = the numbe·r of c�trtP.let<i,months remaining·from-the date : ·. ·ofthe pfficer.'s death to the fifty-fiftli arinive�ary"oflhe . . . . · · ·ofli'cer's-birth. -. ) (2) SuJ:,ject to the provisions_o,f Part XI, if a retired person who, on the date �f.th_e offic;cr's reiircm-ent-. . . , , , (a) \Vas e.ntitkd'to a pension under PanX:ITI·ofthis Act; an_d (b) had pei:tsionable servite,-am6\Jniing·t<i ten years or moi:e; . . dies and le��es a:sp9���.-the� shall lie p;iid t�"tt;e.�po��e.a ;risio�·.:_ · f th� ·rcimi'iiia•·.�et oildn.subspction:.(1 ) ·as calculated liy_ means· ci- thougli the deceased officcr._had. tjicd on· the last day o_f th.e o_fficer's . . . . . pensionable service. . . . . . . . . . . · .. (�) AQy pension:payable under this.'sec.tion shall ·be-paid with effect from the day·foUowi_ng the dea� or the deceased . . · il!!i!f���-�tb�})jjSHl���k�!: . . ' ·�· . Pensions for children ' - 46 Verify source ↗
(I ) Subject to the provisiotis"ofPa:rtX, ihls section shall have
AI-assisted research summary: Children may be paid a survivor pension if the deceased officer or retired person met the service and pension conditions and left children.
46. (I ) Subject to the provisiotis"ofPa:rtX, ihls section shall have effect where-. · (a) an officer whose pensionable service 6rfotal service, as the case may be, amo�_nts tq ten years or more; (b) a retired person wJio·aqhe date of the_ officer's reiircinent was-:-. (i) a person described in paragraph (a); and . (ii) entitled to a pelisio"n under Part_ VII! bf-tl1is Act; dies and leaves children. (2) In the case where a person described in subsection (i} leaves a spouse, there shall be paid in respect of the person's children a pension proportionate to the pension payable to the spouse iri accordance with section forty-five and calculated as follows: ,.· Public Seryice Pensions [No: 35 of 1996 813 (a) for one child twenty-five per centum; (b) for two children forty per centum; (c) for three-children fifty per centum; (d) for four children sixty per centum; (e) for five children or more sixty-six and two _thirds per c�,1:1tum. (3) In the case where a person described in subsection (I) leaves no spouse, there shall be paid in respect of the person's children a pension proportionate to the pension which would have been payable to the person's spouse in accordance with sectionforty-five had the person left one, and calculate as follows: (a) for one child fifty per centum; (b) for two children eighty per centum; (c) for three children one hundred per centum; (d) for four children one hundred and twenty per centum; . ( e) for five or more children one hundred and thirty-three af!d one third per centum. (4) A pension payable under this section shall be recalcu)ated whenever there is any change in the number of children In respect of whom it is payable. (5) A pension payable under this section shall be paid with effect from the day following the death of the deceased to such persons. PART X MlSCF.LLANllOUS ·��1!hi�!!��}f$I�!�i��J�fj�I�,! . · . ; , ,, · :• · •.,:. · .. r,1 \�• ·() . ner to · °)riformation
Part
PART X
- 47 Verify source ↗
(I) The Board may require any officer or probati6
AI-assisted research summary: The Board may require certain people to provide information, proof, and future-notice details about a pension-related benefit claim.
47. (I) The Board may require any officer or probati6 . f relevant to 1s :un, y,-ali proo . h ·1 . . d fu mis sue particu ars re atmg,to 1mse an payment of . benefi"! to of those particulars, as the Board may specify. , · � · _be furnished If d h" f . 11· h I . I · . · (2) The Board may require any claimant br_ reci�i;�t:"oC-:any "benefit payable under this Act upon the death ofa persoh ciescribed . · . . ' in subsection (I) to furnish such particulars relating to that person and his family, and proof of those particulars, as the Board may specify. (3) The Board may require any person described in subsection (]) or the recipient of any benefit payable under this Act upon the death of that person to notify the Board of any future occurrence relating to that person or his family which the Board may specify and to furnish the Board with proof of that occurrence. 814 No. 35 of 1996] Public Service Pensions (4) For the purposes of this section- Circum stances when bcncfi� may be withhold, suspcnc.Jec.l or reduced (a) " claimant " and " recipient " shall include;orespectivcly, any person claiming or receiving for U1e benefit of any child or other dependant of a person described in subsection (1 ); and (b) " proof" shall be proof to the satisfaction of the Board. - 48 Verify source ↗
(I) The Board may, with the concurrence of the appropriate
AI-assisted research summary: The Board may withhold, suspend, or reduce benefits and pensions in specified cases, and the appropriate authority may set off losses against amounts payable after a discharge or dismissal.
48. (I) The Board may, with the concurrence of the appropriate authority, withhold the payment of any benefit, or any portion thereof, otherwise payable under this Act in respect of any person described in subsection (I) of section/arty-seven, if any particulars ornotification relevant to the payment oflhat benefit and the proof thereof have not been furnished in accordance with a requirement made under that section. (2) If any person, in the opinion of the Board wilfully fails to comply with a requirement made under section/arty-seven or, in complying with that requirement, knowingly makes any false representation of fact, any benefit nr portion thereof otherwise payable under this Act the payment of which may be affected- (a) as to amount; (b) as to the date in relation to which it shall commence or terminate; or (c) as to the person or persons to whom it shall be made; by such failure or such representation, shall be liable to be sus pended or reduced at the discretion of and in accordance with the directions of the Board. (3) If a person becoming entitled to or in receipt of a pension under this Act is convicted of an offence involving- (a) the misappropriation ofpubli" moneys or property; or (b) the making of a false representation for the purposes of obtaining a pension, knowing that representation to be false or not believing it to be true; _, the person's pension shall be withheld, suspended or reduced, as the case may be, at the discretion and in accordance with the directions of U1e Board. (4) Where a probationer is discharged oran officer or probationer is dismissed, the appropriate authority may cause to be set off against the sum otherwise payable to him under Part VII the amount of any loss which, in the opinion of the appropriate authority, was sustained by the Government by reas9n of the conduct of the officer or probationer on account of which he was discharged or dismissed. ' ;�--�--- ·-····- ... " . ➔�i!�l�Wfiit,i��:!llfiIPt.)�l��!l!<t . ' .:-. ' • ;,· 816 No. 35 of 1996) Public Servic� Pensions Resumption of duty by officer retired on �rounds of 111 heullh - 52 Verify source ↗
(1) If any person who is in receipt of a pension on the grounds
AI-assisted research summary: Some ill-health pensioners can be required to return to duty if a medical board certifies them fit, and their pension may be withheld if they do not comply without reasonable cause.
52. (1) If any person who is in receipt of a pension on the grounds of ill health is. within two yemof the date of the person 'e,rctirement and before the date on which the person would otherwise retire under section thirty-three, certified by a medical board to be fit to resume duty in the person's former or in any other post, the person may, subject to the provisions of subsection (2), be required by the appropriate authority to resume duty in the person's former or in another post. (2) The pension of the person who, without reasonable cause, fails to comply with a requirement made under subsection (1) may, at the discretion of the appropriate authority, be withheld with effect from the date on which the person is required to resume duty: Provided that a pension so withheld shall, unless the appropriate authority otherwise directs, be restored with effect from the fifty fifth anniversary of the birth of that person. (3) The following provisions shall apply in relation to any person required to resume duty under subsection (!)- (a) the pensionable emoluments attached .to the post to which the person is to be appointed shall not, without the person's consent, be less than the pensionable emolu ments received by him immediately before the date of the person's retirement; (b) the person shall not, without the person;/ consent, be appointed to a post other than the person's former post unless, in the opinion of the appropriate authority, the duties thereof correspond to those which the person could have been called upon to perform before the date of lhe person's retirement; (c) the pension which the person was receiving on the grounds of ill health shall cease with effect from the date of the pension's resumption of duty; (d) the person's continuous service shall be deemed not to have been interrupted by the period during which the person was receiving that pension but that period shall not form pan of the person's pensionable service or total service: arid (e) any gratuity paid on the person's earlier retirement shall be recovered in the manner determined by the appropriate author:1y from any pension or gratuity payable to the person under this Act on the person's final retirement. ) ' '1:·: . . _,, ��l�j����·�;�����!���f�� .. � ;. : -"""\RA½¾�/?����""'" Pub/ii; Service Pensions [No. 35-of 1996 817 CommuL'ltion of pensions - 53 Verify source ↗
(I) An officer who is entitled to a pension may elect before
AI-assisted research summary: Some pension recipients may choose to take a lump sum instead of part of their pension, and the Board may commute the whole pension in one case. Pensions for injury or death cannot be commuted.
53. (I) An officer who is entitled to a pension may elect before the payment of pension commences, to receive in lieu ofeithe? one third or two-thirds of that pension. a lump sum calculated by mulliplying the amount of pension to be commuted by the factor obtained from the Third Schedule appropriate to the officer's age on the o flicer's last day of pensionable service or total service as the case ma'))'be: Provided that iftheportionofthepensi6nnotso commuted is less than fifty thousand kwacha, The Board may commute the whole pension at the election of the officer. (2) An officer who retires may opt to commute either one-third or two-thirds of the officer's pension for a lump sum, calculated in accordance with the commutation factors as set out in the Third Schedule. (3) Nothing in this section authorises the commutation of any pension or part of a pension payable in respect of injury or death .
Part
Schedule.
- 54 Verify source ↗
There shall be a review of pensions at such intervals as the
AI-assisted research summary: Pensions must be reviewed at intervals the Board determines.
54. There shall be a review of pensions at such intervals as the Board may determine. Review o f pension - 55 Verify source ↗
The transitional provisions and conditions of service relat
AI-assisted research summary: The First and Second Schedules set out transitional provisions and conditions of service for death or injury in the course of duty.
55. The transitional provisions and conditions of service relat ing to death or injury in the course of duty are provided for in the First and Second Schedules f!!Speetively. TransiLional provisions and conditions of service - 56 Verify source ↗
The Minister may. after consultation with the Board, by Regulations
AI-assisted research summary: The Minister may make regulations to carry out this Act, after consulting the Board and by statutory instrument.
56. The Minister may. after consultation with the Board, by Regulations statutory instrument. make regulations for the better carrying into effect of the provisions of this Act. - 58 Verify source ↗
The Civil Service (Local Conditions) Pensions Act,
AI-assisted research summary: This section repeals the Civil Service (Local Conditions) Pensions Act.
58. The Civil Service (Local Conditions) Pensions Act, Cap. 4 1 0, is hereby repealed. Act to bind the Rcpubl ic Repeal of Civil Service (Local GQEQitons) Pensions Act ( _) .. • : ) • l111!�lff!�l�·B�!'i�1QsHl(µ:�1i*\�it .' ' : ' . 818 No. 35 of 1996) Public Service Pensions FIRST SCHEDULE \:) (Section 54) TRANSmoNAL PROVISIONS ARRANGMENT 01' SECTIONS PART I BENEl'ITS ON RETIRE�ffiKJ' 01' O)T-ICERS TRANSFERRED l'R0M A RECOGNIST!D AtITII0RITV OR FROM LOCAL CONDITIONS Section I . Application of Part I - 3 Verify source ↗
(I) Subject to the provisions of this Act, the benefits set out in
AI-assisted research summary: The section sets death benefits and compensation for deaths caused by injuries sustained in the course of duty.
3. (I) Subject to the provisions of this Act, the benefits set out in this section shall become payable following the death of a person in consequence of an injury sustained in the course of duty and such benefits- Benefits following death in consequence of injury (a) shall be in addition to any other benefit� provided for in this Act; (b) shall be paid- (i) in the case ofa pension which becomes payable to the children of the deceased only when the pension payable to his spouse ceases, with ef fect from the day following the day when the pension of the spouse so ceases; and (ii) in any other case, with effect from the day follow ing the death of the deceased; and (c) shall, when payable in respect of the children of the deceased, be recalculated whenever there is any change in the number of such children remaining. (2) There shall be paid to the spouse if any, of the deceased a pension equal to two-thirds of the pension which would have been payable to the deceased under the provisions of this Act had he suffered a percentage disability of one hundred. (3) Subject to subsection (4), there shall be paid, in respect of any children of the deceased, to such persons and in such proportions as the appropriate authourity may determine, a pension equal to the sum of- (a) one twenty-fourth of the annual rate of the deceased person's emoluments immediately before the date of his injury or(K 1 20) per annum." whichever is the greater; for the first child; and '·i:-::--. .i . -� - . : 4�::f �r;m�_::}�.��L,;_;:c:: .. -?'s:;>;,��<-���:.'�;:J';i•. ,; ·_··2;_:4;.i;:;;:i-:);�';i;it(E;';�'._:����;��r::;:;;*;:::�:-.<;:·\�-.;;i�;f /15' :··. . ::···._ : .- . - ·, • 842 , No._35 of 1996] Public Service Pensions (b) one-fonieth of the annual rate of the deceased person's emoluments immc'diatelyhefore the date of his injury or (K72) per annum, whichever is the greater for each additional child: Pervided that where any children of different marriages live in any household other than that of the spouse, the pension may, at the discretion of the appropriate authority, be calculated at the rates approprite as if the children in each such household had been the only children of the deceased. (4) If no pension is payable under subsection (2) or such pension ceases to be payable on the marriage or death of the spouse, there shall be paid, in respect of the children of the deceased, to such persons and in such proportions as the appropriate authority may determine,-a- pension additional to the pension payable under subscctiorr(3) and equal to the sum of one-fifteenth of the annual rate of the deceased person's emoluments immediately before the date of his injury or (K 192) per annum, whichever is the greater, for each such child. (5) where an accident arising out of and in the course of duty of any officer, probationer, or otherperson called upon lo perform any function or undertake any task i(l.the service of the Government happens· and results in the death of such officer, probationer or other person, his spouse, children or otherdependants shall, in addition to any other benefit� payable under this Act, become entitled ID compensation in th� manner following, that is ID say- (a) a lump sum payment equal to five times the basic annual salary of such officer, probationer, or otherperson, at the time of death; or (b) a lump sum payment of K75,000 where the person afore said has no basic salary. (6) Fore the purposeof lhisscction, if lhc date of a person's injury isnot estahlishcd lotllesatisfaction of lhe appropriate authority, that authority shall determine a date in relation to that injury and the date so determined shall be deemed to be the date of that person's injury. - 4 Verify source ↗
(1) When it is necessary for any person who sustains an injury
AI-assisted research summary: Injury-related travel, medical, and subsistence costs may be paid or repaid for a person injured while serving on local conditions, subject to specified authority controls and limits.
4. (1) When it is necessary for any person who sustains an injury while serving on local conditions to make ajoumery forthe purpose of undergoing medical examination or treatment in connection with his injury, _the Permanent Secretary, responsible for Personnel Management, shall, unless the appropriate authority otherwise directs, authorise the payment of subsistence alowance and transport costs at such rates and subject to such conditions as he may determine: Reimburse • ment of medical and lllhcr expenses of inJurcd persons Public Service Pensions [No. 35 of 1996 843 • .. Provided that no subsistences allowance shall be payable in respect of any period during which a person is in-patient at an institution or hospital the cost of which is repaid in whole or in part under subsection (2). (2) Apcrson who sustains an injury while serving on local conditions shall be entitled to the repayment of such expenses in respect of dental, medical, surgical, hospital or other treatment, includi11g the supply of appliances and artificial limbs, as the appropriate authority considers to have been reasonably incurred by that person . Provided that- (i) where his expenses exceed (K500) in aggregate, any such repayment thereof shall be made only if the appropriate authority, after considering the recommendations of the Permanent Secretary, responsible for health, so directs; (ii) where those expenses arc in respect of any aggravation to a material extent of ill health, physical or mental unfitness, physical or mental incapacity or personal injury, such proportion only of those expenses shall be repayahle as, in the opinion of the Permanent Secretary, responsible for health, is due to that aggravation. (3) ln any case where a person incurs unavoidable e xpenses, of a nature other than that described under subsections (1) and (2), which the appropriate authority considers to be directly attributable 10 his undergoing medical examination ortreatmentin respect ofhis injury while on local conditions, the Permanent Secretary, respon sible for Personnel Management, shall, for the period during which that person is undergoing examination, treatment and travelling in connection therewith, unless the appropriate authority otherwise direcL�, authorisc- (a) in the case of a person in receipt ofa temporary allowance or pension, an increase in that allowance or pension, together with any allowance in respect of children pay able under that section; or (b) in the case of a person not in receipt of a temporary allowance or pension, a temporary allowance; together with allowances in respect of any children of that person; 10 such amoun� not exceeding that which WO" Id have been payable had the person's percentage disability been one hundred, as the Permanent Secre tary, responsible for Pctsonnel Management, thinks Iii. I �,s1t�i#�ffis'Bibt11)Hitir11�$,�f�i! . • .-1 •;:• ; . •: ·..: .: . 844 No. 35 of 1996] Public Service Pensions Definitions - 5 Verify source ↗
For the purposes of this Schedule
AI-assisted research summary: This section defines key terms used in the Schedule, including “aggravation to a material extent,” “ill health,” “percentage disability,” and “total service.”
5. For the purposes of this Schedule- " aggravation to a material extent ", in relation to a person's ill health, unfitness or incapacity, or personal injury, means an increase in that person's percentage disability- (a) in the case where his percentage disability is less than twenty, of more than five and of not less than half that percentage disability; and (b) in any other case, of not less than ten; " ill health" means physical or mental unfitness or incapacity, or personal injury which, in the opinion of the appropriate authority, is caused by or due to a person's work without any wrongful act or omission on his part and includes an aggravation to a material extent of such ill health, physical or mental unfitness or incapacity, or personal injury; " percentage disability " means- (a) in the case of any disability described in Appendix I to this Schedule, the appropriate percentage therein set out; and (h) in the case of any other disability, the percentage assessed by a medical board by comparing the condition of the person concerned with the condi tion of a normal health person of the same age and sex without reference to earning capacity: Provided that- (i) where the person concerned suffers more than one disabil ity in consequence of one or more injuries, his percentage shall be the sum of the appropriate percentages or one hundred, whichever is the less; (ii) where the appropriate authority varies the percentage disability of a person under the provisions of this Act, his percentage disability shall be so varied; " total service " means the aggregate of pensionable service including service with a recognised authority taken into account for the purpose of computing pension: Provided that, in the case of a transferred Federal officer, total service shall include any service which would have been regarded as counting for pension had the officer retired from the service of the Government of the former Federation of Rhodesia and Nyasaland im mediately before his transfer. :i*}�!��&•&�!?"8l!,1S.-:_:;11J��tj'j�<• . . . . ' • Public Service Pensions [No. 35 of 1996 845 APPENDIX I TO SECOND SCHEDULE (Section 5 of Second Schedule) DEGREE OF DtSABLFJ,ffiNT OF AN INJURED PERSONS Item Nature of disablement Degree of disablement per centum GENERAL I. Loss of hand and foot above site of Syme's Amputation - 2 Verify source ↗
Section 2
AI-assisted research summary: This section refers to injury resulting in the injured person being permanently bedridden, under the heading "Injury to upper limb."
2. Injury resulting in the injured person being permanently bedridden INJURY TO UPPER LIMB - 3 Verify source ↗
Loss of both hands or both arms at higher
AI-assisted research summary: This provision is titled “Loss of both hands or both arms at higher sites.”
3. Loss of both hands or both arms at higher sites - 4 Verify source ↗
Loss of remaining ann by injured person
AI-assisted research summary: This section concerns loss of the remaining ann by an injured person who has already lost one ann.
4. Loss of remaining ann by injured person who has previously lost one ann - 5 Verify source ↗
Loss of ann at shoulder or below shoulder
AI-assisted research summary: This section refers to loss of ann at shoulder or below shoulder with a stump less than 8 inches from the tip of the acromion.
5. Loss of ann at shoulder or below shoulder with stump of less than 8 inches from tip of acromion - 6 Verify source ↗
Loss of ann from 8 inches below tip of
AI-assisted research summary: This text describes a loss of arm movement or function measured from 8 inches below the tip of the acromion to less than 4.5 inches below the tip of the olcranon.
6. Loss of ann from 8 inches below tip of acromion to less than 4 and half inches below tip of olccranon - 7 Verify source ↗
Loss of ann 4 and half inches below the tip
AI-assisted research summary: Loss of ann 4 and half inches below the tip of the olecranon.
7. Loss of ann 4 and half inches below the tip of olecranon - 9 Verify source ↗
Loss of four lingers i:nd thumb of one hand
AI-assisted research summary: This provision lists compensation categories for certain hand and thumb injuries, including loss of four fingers on one hand and loss of a thumb by phalanges.
9. Loss of four lingers i:nd thumb of one hand I 0. Loss of four lingers on one hand 100 100 100 100 70 68 65 60 60 35 .. • . . i1i:�:;ia��:L::. :i ;_};.:10>+�· ';_,_ ; ! :{]:��\)t:�tb,-:·:;A:iit:s�/��2¥,;;(:!::1:tlii2·:�;:���:'.»·�;ii;:�����;>��: · )-;· ·._ . . 846 No. 35 of 1996] Public Service Pensions 1 1. Loss of thumb: (a) both phalanges (b) one phalanx - 12 Verify source ↗
Loss of index finger
AI-assisted research summary: This section lists finger-loss injury categories for the index finger and middle finger.
12. Loss of index finger: (a) three phalanges (b) two phalanges (c) one phalanx (a) tip and nail, no bone 1 3. Loss of middle finger: (a) three phalanges (b) two phalanges (c) one phalanx (a) tip and nail, no bone - 14 Verify source ↗
Loss of ring finger
AI-assisted research summary: This text lists loss categories for the ring finger, little finger, and metacarpal, with associated figures shown in the table.
14. Loss of ring finger: (a) three phalanges (b) two phalanges (c) one phalanx (a) Lip and nail, no bone 1 5. Loss of liLtlc finger: (a) three phalanges (b) two phalanges (c) one phalanx (a) tip and nail, no bone 1 6. Loss of metacarpal: (a) first or second (additional) (b) third, fourth or fifLh (additional) - 17 Verify source ↗
Ankylosis in optimum position
AI-assisted research summary: Section 17 is titled “Ankylosis in optimum position” and lists shoulder, elbow, and wrist.
17. Ankylosis in optimum position: (a) shoulder (b) elbow (c) wrist 25 Hf' 1 0 8 4 2 6 4 2 1 5 4 2 I 4 3 2 I 3 2 35 35 25 - • ,1 1)1: 1:,if;1,\;H&-f;1�t-1h<lp,;11,1:�8�i(1� ji¾�ii�;;3�;;*1,j;�t��;�;;,��,;;;i,�;��1w�tw,m!�:;i�;�;;,ii;;lt1JJ.Ji�Jii��;;it�it4��;,��{ltt;;;;��;�;;�l,�;;iv • .. Public Service Pensions [No. 35 of 1996 847 - 18 Verify source ↗
Notwithstanding
AI-assisted research summary: This section sets percentage ratings for certain hand injuries and multiple finger injuries when calculating disablement.
18. Notwithstanding the foregoing provisions of Schedule- this � (a) in the case ofa right-handed injured person, an injury to the left arm or hand, and in the case of a left-handed injured person and injury to the right ann or hand, shall be rated at 90 per centum of the above percentage; Jb) when there arc two or more injuries to the same hand, the following basis of computing the degree of disablement shall be adopted and for this purpose a thumb shall be regarded as a finger- (i) where two fingers have been injured, the sum total of the percentage for each finger shall be in creased by 20 per centum of such total; (ii) where three fingers have been injured, the sum total of the percentages for each finger shall be increased by 30 per centum of such sum total; (iii) where four fingers have been injured, the sum total of the percentage of each finger shall be increased by 40 per centum of such sum total: Provided lhal the percentage disability thus obtained shall not exceed that for the Joss of the whole hand. INJURY TO LOWER LIMB
Part
SCHEDULED POSTS
- 3 Verify source ↗
Benefits following death in consequence of injury
AI-assisted research summary: This section concerns benefits payable when a death results from an injury.
3. Benefits following death in consequence of injury - 4 Verify source ↗
Reimbursement of medical and other expenses of injured
AI-assisted research summary: This section concerns reimbursement of medical and other expenses for injured persons.
4. Reimbursement of medical and other expenses of injured persons - 5 Verify source ↗
Definitions
AI-assisted research summary: This section is labeled “Definitions” and is followed by appendix and schedule headings.
5. Definitions � APPENDIX I---'DllGREE OF DISABLEMENT OF AN INJURED PERSON APPENDIX IJ-CAI.CUJ.ATION OF SINGLE PAYMENT TO DISABLED PERSONS Sick leave for injured persons SECOND SCHEDULE (Section 54) CONDITIONS OF SERVICE RELATING TO DEATII OR INJURY IN THE COURSE OF DUTY - 1 Verify source ↗
(I) Subject to the provisions of subsection (4), the Permanent
AI-assisted research summary: The Permanent Secretary for Personnel Management may grant sick leave in stages, subject to medical proof and limits of 90 days, 90 days, and 180 days, with some exceptions.
1 . (I) Subject to the provisions of subsection (4), the Permanent Secretary, responsible for Personnel Management, may, on produc tion of a medical cenificate by any medical practitioner or dentist or, if the Permanent Secretary, responsible for Personnel Manage ment, so stipulates, by a Government medical officer, grant sick leave not exceeding ninety days in aggregate to a person serving on local conditions who sustains an injury in the course of duly. (2) Subject 10 the provisions of subsection (4), the Permanent Secretary, responsible for Personnel Management, may, on produc tion of a medical cenificate by a Government medical officer or, if the Permanent Secretary, responsible for Personnel Management, so stipulates, by a medical board, .grant funher sick' leave not exceeding ninety days in aggregate to a person who has been granted the maximum period of sick leave under subsection (]). ) .. Public Service Pensions [No. 35 of 1996 839 (3) Subject to subsection (4), the Permanent Secretary, respon sible for Personnel Management, may, on the recommendation of a medical board, grant further sick leave not exceeding one hundred and eighty days in aggregate to a person who has been granted the maximum period of sick leave under subsections (1) and (2). (4) No period of leave shall be granted under this section- ( a) if the appropriate authority, after considering the report of a medical board, is satisfied that the person concerned will be permanentlyunfit to perform his work and deems his degree of disablement to have reached a final and stationary condition; or (b) which is less than the period of sick leave recommended in a medical certificate or by a medical board, except with the concurrence of the appropriate authority. (5) Sick leave granted under this section shall be on ful] salary. (6) Any sick leave which may be granted under the rules and instructions relating to persons serving on local conditions shall be- ( a) in addition to sick leave granted under this section and shall be taken after such leave; and (b) granted under those rules and instructions as they applied on the person's injury. - 2 Verify source ↗
(I) A person who, in consequence of an injury sustained in the
AI-assisted research summary: Workers injured in the course of duty may be entitled to disability benefits, starting with a temporary allowance and later a pension or, with consent and authority approval, a single payment.
2. (I) A person who, in consequence of an injury sustained in the course of duty, suffers any disability shall, in addition to any other benefit provided for in this Act, be entitlcd- .cncfits following injury (a) with effect from the date of his injury until such a time as his disability is deemed by the appropriate authority to have reached a final and .stationary condition, to a temporary allowance calculated under subsection (3), according to his percentage disability as assessed from time to time; and (b) with effect from the date when his disability is deemed by the appropriate authority to have reached a final and stationary condition- (i) to a pension c.Jr.ulated under subsection (3); or (ii) with his consent and the concurrence of the appropriate authority, to a single payment cal culated as provided in Appendix II to this Schedule. ' l:�i::•Y-!·.- --.. - - . ' r�i}f<�l,i,l;fi11���, 840 No. 35 of 1996] Public Service Pensions l (2) In any case where, in consequence of an injury sustained in the course of duty, a person who is eligible for any benefit under subsection (I ) has retired or his probationary appointment or his agreement has been determined, there shall be paid during his life time, with effect from the last day of his continuous service, in respect of that persons's children, to such persons and in such proportions as the appropriate authority may determine, an allowance at an annual rate equal to the sum of- (a) the product of his percentage disability and one forty eighth of the annual rate of his emoluments immediately before the date of his injury, for his first child; and (b) the product of his percentage disability and one sixtieth of the annual rate of_his emoluments immediately before the date of his injury, for each additonal child; and such allowance shall be recalculated whenever there is any change in the percentage disability of that person or in the number of his children . (3) The annual rate of a temporary allowance or pension payable to a person under subsection ( ] ) shall be calculated as follows: 2/3B + 1/3C �; , 1 00 where A = his percentage disability; B = the annual rate of his emoluments immediately before the date of his injury, not exceeding (Kl,300); and C = the annual rate of his emoluments immediately before the date of his injury, if any, in excess of (Kl ,300) but not exceeding (K3,040); and, except in relation to a single payment made under subsection (I), shall be recalculated whenever any circumstance arises which results in any change in the factor A, B, or C. ( 4) 1 fthe appropriate authourity considers the percentage disabil ity of a person entitled under subsection (I) to any benefit to be inadequate by reason of the particular consequences of his disability in relation to the special nature of his occupation, it may increase his percentage disability to such figure not exceeding one hundred as it considers equitable in the circumstances: Provided that, if there is any material improvement in the earning capacity of the person concerned, the appropriate authourity may reduce his percentage disability to a figure not lower than that before such increase. .. I ·' - • .. Public Service Pensions [No. 35 of 1996 841 (5) If, in the opinion ofa medical board-the percentage disability of any person in receipt of a pension under subsection (I) has varied by more that five since that peension become payable, the appropri ate authourity may at any time vary the percentage disability of that person. (6) For the purposes of this section, ifthedateof a person's injury is not established to the satisfaction of the appropriate authourity, thafouthourity shall determine a date in relation to the injury and the date so detcm1ined shall be deemed to be the date of that person's injury.
Part
Schedule-
- 19 Verify source ↗
Loss of both feet above site of Syme's
AI-assisted research summary: This entry assigns the value 100 to loss of both feet above the site of Syme's amputation or loss of both legs at higher sites.
19. Loss of both feet above site of Syme's amputation or loss of both legs at higher sites 100 - 20 Verify source ↗
Loss of remaining leg by an injured person who
AI-assisted research summary: Section 20 concerns loss of a remaining leg by a person who has previously lost one leg, with the figure 100 shown in the text.
20. Loss of remaining leg by an injured person who has previously lost one leg 100 - 21 Verify source ↗
Loss of leg at hip or below hip with stump not
AI-assisted research summary: Section heading about loss of a leg at the hip or below the hip, with a stump not exceeding 5 inches measured from the tip of the greater trochanter.
21. Loss of leg at hip or below hip with stump not exceeding 5 inches in length measured from tip of greal lrochanter - 22 Verify source ↗
Loss of leg below hip with stump exceeding
AI-assisted research summary: This provision describes a loss of a leg below the hip with a stump longer than 5 inches, measured from the lip of the great trochanter but not beyond the middle of the thigh.
22. Loss of leg below hip with stump exceeding 5 inches in length measured from lip of great trochanter bul not beyond middle thigh - 23 Verify source ↗
Loss of leg below middle thigh but not more
AI-assisted research summary: This provision is titled “Loss of leg below middle thigh but not more than 4 inches below knee.”
23. Loss of leg below middle thigh but not more than 4 inches below knee - 24 Verify source ↗
Loss of leg below knee with stump exceeding
AI-assisted research summary: This section is labeled for loss of a leg below the knee where the stump exceeds 4 inches, with several numeric figures listed.
24. Loss of leg below knee with stump exceeding 4 inches 70 60 50 30 848 No. 35 of 19961 Public Service Pensions - 25 Verify source ↗
Modified Syme's operation
AI-assisted research summary: This provision refers to a modified Syme's operation and mentions two alternatives: one foot and two feet.
25. Modified Syme's operation: (a) one foot (b) two feet - 26 Verify source ↗
Loss of foot at tarso-metatarsal joint
AI-assisted research summary: Section 26 is titled “Loss of foot at tarso-metatarsal joint.”
26. Loss of foot at tarso-metatarsal joint - 27 Verify source ↗
Loss of all toes of both feet proximal
AI-assisted research summary: Section heading for loss of all toes of both feet proximal interphalangeal joint.
27. Loss of all toes of both feet proximal imerphalangeal joint - 28 Verify source ↗
Loss of all toes of both feet distal to the
AI-assisted research summary: Section heading: “Loss of all toes of both feet distal to the procimal interphalangeal joint.”
28. Loss of all toes of both feet distal to the procimal interphalangeal joint - 29 Verify source ↗
Loss of all toes of one foot proximal to the
AI-assisted research summary: Loss of all toes of one foot above the proximal interphalangeal joint.
29. Loss of all toes of one foot proximal to the proximal inte.rphalangeal joint - 30 Verify source ↗
Loss of toes of one foot distal to the proximal
AI-assisted research summary: This provision refers to loss of toes of one foot, including loss of the great toe by phalanges.
30. Loss of toes of one foot distal to the proximal - interphalangeal joint 3 1 . Loss o f great toe: (a) both phalanges (b) one phalanx - 32 Verify source ↗
Loss of toe other than great toe if more than
AI-assisted research summary: This provision refers to loss of a toe other than the great toe when more than one toe is lost, applying to each toe.
32. Loss of toe other than great toe if more than one toe lost, each - 33 Verify source ↗
Ankylosis in optimum position
AI-assisted research summary: This section lists ankylosis in optimum position for the hip, knee, and ankle.
33. Ankylosis in optimum position: (a) hip (b) knee (c) ankle J:-IJiJRY TO S1m-rr - 34 Verify source ↗
Total loss of sight
AI-assisted research summary: The provided text is only a heading for “Total loss of sight” and does not show a clear operative rule.
34. Total loss of sight 25 70 25 25 1 5 1 5 1 0 5 2 50 25 1 5 1 00 - 35 Verify source ↗
Loss of remaining eye by an injured person
AI-assisted research summary: Section 35 concerns loss of the remaining eye by an injured person who previously had sight in only one eye.
35. Loss of remaining eye by an injured person who previously had the sight of only one eye 1 00 - 36 Verify source ↗
Loss of one eye, the other eye being normal
AI-assisted research summary: This section is about loss of one eye where the other eye is still normal.
36. Loss of one eye, the other eye being normal - 37 Verify source ↗
Total loss of vision of one eye the other being
AI-assisted research summary: This entry states “total loss of vision of one eye” where the other eye is normal, with “30 30” shown after it.
37. Total loss of vision of one eye the other being normal 30 30 - 38 Verify source ↗
Other degrees of defective vision based on the
AI-assisted research summary: This provision shows a table for classifying other degrees of defective vision after correction with glasses.
38. Other degrees of defective vision based on the visual defect as measured after corrected with glasses: ri:-..�.n,� )�•�>Cl<�• • • , ,!8)��-<Bl� . •'.. _,. . }- • Public Service Pensions [No. 35 of 1996 849 when best visual acuity is- in one eye: 6/6 or 6f) 6/6/ or 6/9 6/6/ or 6/9 6/6/ or 6/9 5/12 6/1 8 6/1 8 6/1 8 6/1 8 6/18 6/1 8 6/24 6/24 6/24 6/24 6/24 6/36 6/36 6/36 6/36 6/60 6/60 6/60 Nil " . •, ) " .. • ' : .. l '-•' - Other eyeP 6/24 6/36 6/60 6/60 Nil 6/1 8 6/24 6/36 6/60 3/60 Nil 6/24 6/36 6/60 3/60 Nil 6/36 6/60 3/60 Nil 6/60 3/60 Nil Nil 1 5 20 20 20 30 1 5 30 40 40 40 50 30 40 50 50 70 50 60 60 70 80 80 90 1 00 " , ,:,1N�:!i�fi)pr.�Hts.i\).:}t;�¥.iLQ . - ': ' . ' .. .. ' . ' ,. " • ' 850 No. 35 of 1996] Public Service Pensions -- - 44 Verify source ↗
Section 44
AI-assisted research summary: This section lists hearing-loss levels and the corresponding numeric values for different audibility tests.
44. INJURY TO HEARING Total deafness in both cars Shout not audible at a distance of more than 3 feet Conversational voice not audible at a distance of more than 1 foot Conversational voice not audible at a distance of more than 3 feet 50 40 30 20 Conversational voice not audible at a distance of more than 6 feet 1 0 Conversational voice not audible at a distance of more than 9 feet: (a) one car totally deaf (b) otherwise less than 7 7 - 45 Verify source ↗
Section 45
AI-assisted research summary: The disability degree for items 40 to 44 must be calculated for both cars used together.
45. The degree of disablement indicated opposite items 40 to 44, both inclusive, shall be in respect of both cars used together. APPENDIX 11 TO SECOND SCHEDULE (Section 2 of Second Schedule) CAI.Ctn.A TIO)! OF S INGI.E PAYMENT TO DISABLED PERSONS Single payment made undersection43 shall equal the product of the pension provided for in section 43 (1) at the date when the appropriate Commission deems a person's disability to be final and stationary and the appropriate factordctennined by reference to that person's age on his next binhday in accordance with the following table: Age next birthday under 20 years 20 years or more but less than 25 years 25 years or more but less than 30 years 30 years or more but less than 35 years 35 years or more but less than 40 years Factor 1 6.00 1 5.50 1 5.00 - 14
AI-assisted research summary: This provision shows age bands used in a Public Service Pensions table.
14.00 • • Public Service Pensions [No. 35 of 1996 851 40 years or more but Jess than 45 years 45 years or m� but Jess than 50 years 50 years or more but less than 55 years 55 years or more but less than 60 years 60 years or more but less than 65 years 65 years or more but less than 70 years - 7
AI-assisted research summary: This fragment is a pension commutation table and mentions a payment of K1 per annum.
7.00 THIRD SCHEDULE (Section 52) COMMIITATION TABLE Single case payment in commutation of pension of K I (one kwacha) per annum. Half-age Cash payment Half-age Cash payment Up to 20 - 25
AI-assisted research summary: The provided text does not show a substantive rule; it only contains a section/page reference and a footer for the Public Service Pensions Act.
25.58 C) •l��/;iJi>i:15i�l)lliih1•;�1�!l� .. ,• ''·\. �- ,·>' , • 852 No. 35 of 1996] Public Service Pensions 28 - 32
AI-assisted research summary: 32.24 32 10 3 1 .98 3 1 .84 3 1 .72 3 1 .58 3 1 .44 3 1 .30 3 1 . 1 6 3 1 .02
32.24 32 10 3 1 .98 3 1 .84 3 1 .72 3 1 .58 3 1 .44 3 1 .30 3 1 . 1 6 3 1 .02 - 20
AI-assisted research summary: 20.30 1 9.98 1 9.66 1 9.34 1 9.02. 1 8.70 1 8.38 I 8.06
20.30 1 9.98 1 9.66 1 9.34 1 9.02. 1 8.70 1 8.38 I 8.06 - 17
AI-assisted research summary: 17.72 1 7.40 1 7.06 1 6.72 • '. --- il�ll�ij�l��-��S�}IJJ��f�l �fl', . . ,i � . , � , .-•, 43
17.72 1 7.40 1 7.06 1 6.72 • '. --- il�ll�ij�l��-��S�}IJJ��f�l �fl', . . ,i � . , � , .-•, 43 - 47
AI-assisted research summary: 47.5 • Public Service Pensions [No. 35 of 1996 853
47.5 • Public Service Pensions [No. 35 of 1996 853 - 15
AI-assisted research summary: The source text is garbled and does not clearly state a rule.
15.38 1 5.04 1 4.72 1 4.38 1 4.04 1 3.70 ·111sti�ir.}11�81hiit1�Hi�i1}�·��ii!i� � ' :-, •,..'. . ; .
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Public Service Pensions Act, 1996
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