CHAPTER 265
TRANSFERRED FEDERAL OFFICERS (DEPENDANTS) PENSIONS ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Payments to the Government

   4.   Refunds of payments

   5.   Pension for widows

   6.   Payments of pension or other benefits to widows of a deceased person who was married under a system permitting of polygamy

   7.   Pension for children

   8.   Payments of pension to children of a deceased person who was married under a system permitting of polygamy

   9.   Rights of dependants of guaranteed officers

   10.   Furnishing of information

   11.   Forfeiture of pension

   12.   Pensions or other benefits not to be assignable

   13.   Pensions and other benefits charged on general revenues of the Republic

AN ACT

to provide for the making of payments to the Government of Zambia by certain public officers who transferred from the service of the Government of the former Federation of Rhodesia and Nyasaland; to provide for the payment of pensions and other benefits to the dependants of such officers in the event of death; and to provide for matters incidental to or connected with the foregoing.

[15th January, 1965]

Act 4 of 1965.

1.   Short title

This Act may be cited as the Transferred Federal Officers (Dependants) Pensions Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“beneficiary” means a legitimate or legitimated son or daughter (including a posthumous child, stepchild, or child legally adopted) of an officer or pensioner, if the son or daughter is under the age of twenty-one years and—

      (a)   in the case of a son, is not under the age of eighteen years;

      (b)   in the case of a daughter, has not been married and is not under the age of eighteen years;

“child” means an unmarried legitimate or legitimated son or daughter (including a posthumous child, step-child or child legally adopted) under the age of eighteen years, of an officer or pensioner;

“deficit” means the difference between—

      (a)   the aggregate of the annual rate of the pensions which would have been payable to a widow, child or beneficiary, as the case may be, of a guaranteed officer under the Widows and Orphans Pension Act or the scheme had he died immediately before the date of transfer from the Government or the Government of the former Protectorate of Nyasaland to the service of the Government of the former Federation of Rhodesia and Nyasaland; and

      (b)   the aggregate of the annual rate of the pensions which at his death are payable to a widow, child or beneficiary, as the case may be, of a guaranteed officer under the Widows and Orphans Pension Act or the scheme:

Provided that in determining the deficit no account shall be taken of any additional pension payable to a widow, child or beneficiary, as the case may be, by reason of voluntary payments made under the Widows and Orphans Pension Act or the scheme;

“emoluments factor” means the aggregate of the pensionable emoluments of an officer during his pensionable service divided by the aggregate of his emoluments accepted as pensionable during his pensionable employment;

Provided that, where part only of any service in a civil capacity is taken into account as pensionable service, a proportionate part only of the aggregate emoluments during that service shall be taken into account as pensionable emoluments;

“established officer” means any officer other than a probationer;

“final pensionable emoluments” means the emoluments accepted by the Government for the purpose of calculating an officer's pension or which would have been accepted by the Government for the purpose of calculating such officer's pension had he retired at the date of his death;

“the Government” means the Government of Zambia, or, in respect of any period before the 24th October, 1964, the Government of the former Protectorate of Northern Rhodesia;

“guaranteed officer” means an officer or pensioner who was appointed to the service of the Government of the former Federation of Rhodesia and Nyasaland on transfer from the service of the Government or the Government of the former Protectorate of Nyasaland;

“officer” means a person who—

      (a)   on or after the 1st October, 1963, transferred from the service of the Government of the former Federation of Rhodesia and Nyasaland to the Northern Rhodesia Civil Service (Local Conditions) and in respect of any period after such transfer contributed to the Northern Rhodesia Civil Service (Local Conditions) Pension Fund; and

      (b)   subsequently transferred from the Northern Rhodesia Civil Service (Local Conditions), or the Zambia Civil Service (Local Conditions), as the case may be, to other public service in the former Protectorate of Northern Rhodesia or in Zambia in circumstances in which he qualified on retirement for the award of a pension under Part II of the Third Schedule to the European Officers' Pensions Act;

“pension” means an annual pension payable during the lifetime of the recipient unless under this Act it is payable for a shorter period;

“pensionable employment” means the period of employment under the Government and any other Governments and administrations under which an officer has served and which may be taken into account in computing his pension;

“pensionable service” means service from the date an officer transferred from the Northern Rhodesia Civil Service (Local Conditions) or the Zambia Civil Service (Local Conditions), as the case may be, until the officer either retired on pension or transferred to other service which falls to be included in his period of pensionable employment;

“pensioner” means a former officer who has retired and is in receipt of, or is qualified for the award of, a pension under the European Officers' Pensions Act;

“Permanent Secretary” means the Permanent Secretary, Ministry of Finance; “probationer” means an officer who has not been confirmed in his appointment;

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