CHAPTER 266
EUROPEAN OFFICERS’ PENSIONS ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   President may make pension regulations

   4.   Pensions, etc., to be charged on general revenues of the Republic

   5.   Circumstances in which pension, etc., may be reduced or withheld

   6.   Service not qualifying for pension

   7.   Circumstances in which pension, etc., may be granted

   8.   Termination of employment in the public interest

   9.   Removal from office of certain officers

   10.   Retirement on grounds of age or marriage

   11.   Maximum pension grantable

   12.   Suspension of pension on re-employment

   13.   Gratuity affected by re-employment

   14.   Pensions, etc., not to be assignable

   15.   Pensions, etc., to cease on bankruptcy

   16.   Pensions, etc., to cease on conviction

   17.   Pensions, etc., to cease on accepting certain appointments

   18.   Gratuity where an officer dies in the service or after retirement

   19.   Pensions to dependents when a European officer is killed on duty

   20.   Application

   21.   Other service that may count as pensionable service

   22.   Savings as to officers selected for appointment before but actually appointed after the commencement of this Act

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

AN ACT

for regulating pensions, gratuities and other allowances to be granted in respect of the service of European officers with the Governments; and to provide for matters incidental to or connected with the foregoing.

[1st April, 1927]

Act 10 of 1927,

Act 26 of 1927,

Act 25 of 1929,

Act 47 of 1929,

Act 35 of 1931,

Act 38 of 1933,

Act 8 of 1936,

Act 31 of 1937,

Act 4 of 1939,

Act 41 of 1940,

Act 36 of 1949,

Act 35 of 1954,

Act 3 of 1956,

Act 8 of 1958,

Act 43 of 1958,

Act 34 of 1961,

Act 27 of 1962,

Act 32 of 1963,

Act 75 of 1965,

Act This Act is deemed to have come into force on 1st January, 1966.')">1249 of 1967,

GN 123 of 1964,

GN 497 of 1964,

SI 144 of 1965.

1.   Short title

This Act may be cited as the European Officers’ Pensions Act.

2.   Interpretation

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

“appropriate Commission” shall have the meaning assigned to that expression in the Constitution;

“Civil Service (Local Conditions)” means—

      (a)   in respect of any period before the 24th October, 1964, that part of the civil service of the former Protectorate of Northern Rhodesia which served under the terms and conditions of service introduced with effect from the 1st November, 1961, or under such terms and conditions of service as varied from time to time;

      (b)   in respect of any period on or after the 24th October, 1964, that part of the civil service of the Government of Zambia serving under such terms and conditions of service as may be prescribed for civil servants who are citizens of Zambia or under such terms and conditions of service as may be varied from time;

“East African Dependencies” means Kenya, the Uganda Protectorate, the Zanzibar Protectorate, the Nyasaland Protectorate, the Somaliland Protectorate, the Tanganyika Territory, the former Protectorate of Northern Rhodesia, Zambia, and the East Africa High Commission;

“East African service” means service in a civil capacity under the administration of one or more of the East African Dependencies or the Tanganyika Republic Service as a Governor or High Commissioner of a British Dominion, Colony, Protectorate, or Trust Territory, or a territory under British mandate, or as a Governor in India shall be deemed to be “public service” except for the purpose of computation of pension or gratuity and of section 11;

“European officer” means any officer both of whose parents were of European descent, but includes also any other officer appointed under the conditions of service ordinarily applicable to Europeans. In case of any question or dispute arising as to whether an officer is to be regarded as a European officer for the purposes of this Act or of any regulations made hereunder, the decision of the President shall be final;

“the Governments” 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;

“house allowance” means the estimated value of free quarters as defined by regulations under this Act;

“inducement allowance” means the inducement allowance referred to in paragraph (a) of clause 3 of the agreement set out in the Schedule to the Overseas Service Act; “month” means a calendar month;

“other public service” means public service not under the Governments and includes service in the Teaching Service and service in the Civil Service (Local Conditions);

“pensionable emoluments”

   (1) in respect of service in Zambia includes—

      (a)   salary;

      (b)   inducement allowance:

Provided that any increase in that allowance which becomes payable after the 31st December, 1965, subject to conditions as to the application of such increase in assessing pensions, shall not be included in pensionable emoluments save in accordance with those conditions;

      (c)   personal allowance;

      (d)   in the case of officers who retired from public service prior to the 1st January, 1946, and in the case of officers retiring subsequently to that date who have not become subject to the revised terms and conditions of service which became effective on the said 1st January, 1946, house allowance;

      (e)   for the purpose of calculating the aggregate pensionable emoluments of officers retiring from public service subsequently to the 1st January, 1946, who—

      (i)   have become subject to the revised terms and conditions of service which became effective as from the 1st January, 1946; and

      (ii)   have pensionable service under any scheduled Government;

house allowance in respect of service prior to the said 1st January, 1946;

but does not include duty allowance, entertainment allowance or any other emoluments whatever;

   (2) in respect of other public service, means emoluments which count for pension in accordance with the law or regulations in force in such service;

“pensionable office” means—

      (a)   in respect of service in Zambia, any office held by a European officer, unless the officer is appointed thereto subject to the express condition that the office shall be non-pensionable;

      (b)   in respect of other public service, an office which is a pensionable office under the law or regulations in force in such service;

“personal allowance” means a special addition to the salary granted personally to the holder for the time being of the office, but does not include such an addition if it is granted subject to the condition that it shall not be pensionable;

“Police Force” means—

      (a)   in respect of any period before the 24th October, 1964, the Northern Rhodesia Police Force;

      (b)   in respect of any period on or after the 24th October, 1964, the Zambia Police Force;

“public service” means service in a civil capacity with the Governments or service in the Teaching Service or service in a civil capacity in the Government of any part of her Britannic Majesty’s dominions or of any British Protectorate administered by the Government of any part of Her Britannic Majesty’s dominions, or of the New Hebrides or the Anglo-Egyptian Sudan, or the Tanganyika Republic, or service which is pensionable under the Teachers’ (Superannuation) Act, 1925, of the United Kingdom, or any Act amending or replacing the same, or under the Colonial Superannuation Scheme, or in a Colonial University College, or pensionable employment under a local authority in the United Kingdom, or in such other service as may have been determined by one of her Britannic Majesty’s Principal Secretaries of State to be “public service” or as may hereafter be determined by the President to be “public service” for the purpose of any provision of this Act, and except for the purposes of computation of pension or gratuity and of section 11, includes service as a Governor-General, Governor or High Commissioner in any part of Her Britannic Majesty’s dominions, any British Protected State or Protectorate, any Mandated or Trust Territory administered by the Government of any part of Her Britannic Majesty’s dominion, or the Anglo-Egyptian Sudan;

“salary” means the salary attached to an office;

“service in Zambia”, “service of Zambia” includes any service for which a pension or gratuity might have been granted under the Northern Rhodesia Police Act, Chapter 44 of the 1964 Edition of the Laws, or under the Zambia Police Act, or under the Northern Rhodesia Civil Service Proclamation, 1920, as subsequently amended and rules made there under, but for the purposes of this Act does not include service in the Civil Service (Local Conditions):

Provided that notwithstanding anything to the contrary contained in the Civil Service Rules of Northern Rhodesia, 1921, the age from which pensionable service may be reckoned shall be twenty years;

“Teaching Service” means the Teaching Service described in the Teaching Service Regulations;

“Trust Territory” means a Territory administered by Her Britannic Majesty’s Government in the United Kingdom under a Trusteeship Agreement with the United Nations Organisation;

“year” means a calendar year.

   (2) Notwithstanding that Palestine ceased to be a Territory under British mandate on the 15th May, 1948, any European officer who held office in the service of the Government of Palestine immediately before such date shall, for the purposes of this Act or of any regulations made there under, be deemed to continue in his office until either he is appointed to the public service elsewhere, or if not so appointed he retires or is removed from office.

   (3) An officer shall be deemed to have become subject to the revised terms and conditions of service which became effective as from the 1st January, 1946—

      (a)   if being in the service of the former Protectorate of Northern Rhodesia at any time during the period beginning on the 1st January, 1946, and ending on the 29th June, 1948, he has notified the Accountant-General on or before such date as may have been notified by the Governor of the said former Protectorate in the Gazette, or within such further period as the Governor may have directed, or the President may hereafter direct, that he wished to become subject to such revised terms and conditions of service; or

      (b)   if he is appointed or reappointed to any office in the service of Zambia on or after the 30th June, 1948; or

      (c)   if he transferred from one office to another office in the service of Zambia on or after the 30th June, 1948; or

      (d)   if being in the service of the former Protectorate of Northern Rhodesia immediately before the 30th June, 1948, he is subsequently transferred to the service of one of the other East African Dependencies or the Tanganyika Republic; or

      (e)   if he has died after the 1st January, 1946, and not later than such date as may have been notified or directed under paragraph (a) without notifying the Accountant-General as provided in paragraph (a), and it would have been to his financial advantage to be subject to such revised terms and conditions of service.

[S 2 am by Act 36 of 1949, 34 of 1961, 27 of 1962, 32 of 1963; GN 123 of 1964; SI 144 of 1965; Act 75 of 1965, 49 of 1967.]

3.   President may make pension regulations

   (1) It shall be lawful for the President from time to time, by statutory instrument, to make, and when made, to vary and revoke regulations for the granting of pensions, gratuities, and other allowances to European officers who have been in the service of Zambia. Any pension or gratuity granted under this Act shall be computed in accordance with the provisions in force at the actual date of the officer’s retirement. Such regulations when made shall be laid before the National Assembly:

Provided that, until varied or revoked by any such regulations, the regulations contained in the Third Schedule shall be in force.

   (2) The said regulations, and any regulations varying or revoking the same as aforesaid, shall have the same force and effect for all purposes as if they were contained in this Act, and the term “this Act” shall in the following sections be read and construed accordingly.

   (3) Whenever the President is satisfied that it is equitable that any regulation made under this section should have retrospective effect in order to confer a benefit upon, or remove a disability attaching to, any person, that regulation may be given retrospective effect for that purpose.

[S 3 am by Act 36 of 1949; GN 123 of 1964; SI 144 of 1965; Act 75 of 1965.]

4.   Pensions etc., to be charged on general revenues of the Republic

There shall be charged on and paid out of the general revenues of the Republic all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance in accordance with this Act.

[S 4 am by GN 123 of 1964; SI 144 of 1965.]

5.   Circumstances in which pension, etc., may be reduced or withheld

Where it is established to the satisfaction of the President that a European officer has been guilty of negligence, irregularity or misconduct, the pension, gratuity or other allowance may, provided the appropriate Commission concurs, be reduced or altogether withheld.

[S 5 am by GN 123 of 1964; SI 144 of 1965.]

6.   Service not qualifying for pension

No pension, gratuity or other allowance shall be granted to any European officer in respect of any service—

      (a)   while on probation or agreement, unless without break of service he is confirmed in a pensionable office with the Governments or in an office in other public service which is at the time of confirmation pensionable under the pension regulations applicable to such service; or

      (b)   while under the age of twenty years.

[S 6 am by SI 144 of 1965.]

7.   Circumstances in which pension, etc., may be granted

   (1) Subject to the provisions of this Act, no pension, gratuity or other allowance shall be granted to any European officer except on his retirement from the public service in one of the following cases—

      (a)   on the grounds of age;

      (b)   under the provisions of—

      (i)   the Zambia (Compensation and Retiring Benefits) Order, 1964; or

      (ii)   the Non-Designated Expatriate Officers (Retiring Benefits) Act;

      (c)   in the case of transfer to other public service, in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity;

      (d)   under the provisions of section 16 of the Zambia Independence Order, 1964;

      (e)   on the abolition of his office;

      (f)   on compulsory retirement for the purpose of facilitating improvement in the organisation of the part of the service of Zambia to which he belongs, by which greater efficiency or economy can be effected;

      (g)   on medical evidence to the satisfaction of the appropriate Commission that he is incapable by reason of some infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent;

      (h)   in the case of termination of employment in the public interest as provided in this Act;

      (i)   on retirement in circumstances, not mentioned in the preceding paragraphs, rendering him eligible for a pension under the Governor’s Pensions Act, 1957, of the United Kingdom or any Act amending or replacing that Act:

Provided that a gratuity may be granted to a female officer, in accordance with the provisions of this Act, who retires for the reason that she is about to marry or on marriage, notwithstanding that she is not otherwise eligible under this section for the grant of any pension, gratuity or other allowance.

   (2) Nothing in this section shall affect any pension, gratuity or other allowance granted under this Act before the 7th January, 1966.')">13commencement of the Non-Designated Expatriate Officers (Retiring Benefits) Act.

[S 7 am by Act 36 of 1949; 3 of 1956; 43 of 1958; 34 of 1961; GN 123 of 1964; SI 144 of 1965; Act 75 of 1965.]

8.   Termination of employment in the public interest

Where an officer’s service is terminated on the ground that, having regard to the conditions of the public service, the usefulness of the officer thereto, and all the other circumstances of the case, such termination is desirable in the public interest, and a pension, gratuity or other allowance cannot otherwise be granted to him under the provisions of this Act, the appropriate Commission may, if it thinks fit, grant to such officer such pension, gratuity or other allowance as it thinks just and proper, not exceeding in amount that for which the officer would be eligible if, on the date of such termination as aforesaid, he had retired from the public service under the provisions of paragraph (g) of sub-section (1) of section 7.

[S 8 am by Act 3 of 1956; GN 123 of 1964; SI 144 of 1965.]

9.   Removal from office of certain officers

   (1) This section applies to an officer 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 Civil Service (Local Conditions) and in respect of any period after such transfer contributed to the Civil Service (Local Conditions) Pension Fund; and

      (b)   subsequently transferred from the Civil Service (Local Conditions) to service in Zambia in circumstances in which he qualified on retirement for a pension under this Act;

but does not apply to any such officer who subsequently transferred to the Defence Force or to other public service.

   (2) Where an officer to whom this section applies is removed from office in the service of Zambia in circumstances in which he is not otherwise eligible for the grant of a pension, gratuity or other allowance under this Act, he shall be granted a pension equal to the earned pension, if any, to which he would have been entitled under the Federation of Rhodesia and Nyasaland (Dissolution) Order in council, 1963, if, on the date of the termination of his service under the Government of the former Federation of Rhodesia and Nyasaland, he had been such a person as is referred to in paragraph 4(1)(a) of Schedule II to that Order.

   (3) The provisions of section 5 shall not apply in relation to a pension under this section.

   (4) For the purposes of this section—

      (a)   a person who, immediately prior to his transfer to the Civil Service (Local Conditions), was a seconded officer within the meaning of section 20 of the Federation of Rhodesia and Nyasaland (Dissolution) Order in council, 1963, shall be deemed to have transferred from the service of the Government of the former Federation of Rhodesia and Nyasaland; and App.1

      (b)   any period in respect of which such person was a seconded officer as aforesaid shall be deemed to have been a period of service under the Government of the former Federation of Rhodesia and Nyasaland.

[S 9 am by Act 75 of 1965.]

10.   Retirement on grounds of age or marriage

   (1) A European officer shall be entitled to retire from the service of Zambia on or after attaining the age of fifty-five years or, with the approval of the appropriate authority, fifty years.

   (2) The appropriate authority may require a European officer to retire from the service of Zambia at any time after the officer attains the age of fifty years; and any officer who is so required to retire shall retire accordingly.

   (3) The provisions of sub-section (2) shall not apply in relation to the holder of an office to which article 96 of the Constitution applies.

   (4) For the purposes of this section, “the appropriate authority”—

      (a)   in relation to an officer who is a police officer below the rank of Assistant Superintendent, means the Commissioner of Police;

      (b)   in relation to an officer who is a member of the Zambia Prison Service below the rank of Superintendent, means the Commissioner of Prisons;

      (c)   in relation to any other officer, means the appropriate Commission.

[S 10 am by Act 75 of 1965.]

11.   Maximum pension grantable

   (1) A pension granted to a European officer under this Act shall not exceed two-thirds of the highest pensionable emoluments drawn by him at any time in the course of his service in Zambia.

   (2) Where the European officer has been or is granted a pension or pensions in respect of other public service, he may be granted the full pension for which he is eligible in respect of his service in Zambia, but no person may at any time draw from the funds of the Republic an amount of pension which, when added to the amount of any pension or pensions drawn in respect of other public service, exceeds two-thirds of the highest pensionable emoluments drawn by such person at any time in the course of his service in Zambia or in other public service:

Provided that where such a person receives in respect of some period of public service both a gratuity and a pension, the amount of such pension shall be deemed, for the purposes of this sub-section, to be—

      (i)   in cases where the laws of the territory in which such public service was performed provide for the payment of an unreduced pension, the amount of pension which would have been awarded had no gratuity been granted;

      (ii)   in cases where the laws of the territory in which such public service was performed do not provide for the payment of an unreduced pension, four-thirds of the actual amount of the pension.

   (3) In a case falling under the limitation laid down by sub-section (2), the amount of the pension to be drawn from the funds of the Republic shall be subject to the approval of the President, in order that it may be determined with due regard to the amount of any pension or pensions similarly to be drawn in respect of other public service.

   (4) For the purpose of the preceding sub-sections, an additional pension granted in respect of injury shall not be taken into account; but where the officer is granted such an additional pension, the amount of such additional pension which he may draw shall not exceed one-sixth of his highest pensionable emoluments at any time in the course of his public service by more than the sum by which the amount of his pension or pensions, apart from such additional pension, falls short of two-thirds of such highest emoluments.

   (5) Notwithstanding anything to the contrary contained in this Act, in the case of any European officer who—

      (a)   was appointed to the service of one of the East African Dependencies in a pensionable office prior to the 1st April, 1927; and

      (b)   was in the service of the former Protectorate of Northern Rhodesia on the 1st April, 1933, without any break in service, and without having been transferred outside the East African Dependencies, and thereafter remained in the service of the said former Protectorate of Northern Rhodesia until the 1st January, 1946; and

      (c)   has become subject to the revised terms and conditions of service which became effective as from the said 1st January, 1946; and

      (d)   retires from the service of Zambia without having been transferred therefrom to other public service subsequently to the said 1st January, 1946; and

      (e)   at the date of retirement was serving in an appointment the initial salary of which was K2,700 per annum or more, or in an appointment the fixed salary of which was K2,700 per annum or more;

the expression “pensionable emoluments drawn” shall, for the purposes of sub-sections (1), (2) and (4), be construed as including the figure resulting from the reduction by ten per centum (subject to a maximum reduction of thirty ngwee) of the salary attaching to the office held by such officer on his retirement, and the addition to that reduced figure of fifteen per centum of that reduced figure.

[S 11 am by Act 36 of 1949; GN 123 of 1964; SI 144 of 1965.]

12.   Suspension of pension on re-employment

If an officer to whom a pension has been granted under this Act is appointed to another office in the public service, the payment of his pension may with his consent, if the President thinks fit, be suspended during the period of his re-employment.

[S 12 am by Act 36 of 1949; GN 123 of 1964; SI 144 of 1965.]

13.   Gratuity affected by re-employment

If any European officer to whom a gratuity without pension has been granted under this Act is reappointed to any office in the service of Zambia or in other public service, his previous service may, with the approval of the appropriate Commission, be taken into account for the purposes of pension, if he refunds the gratuity on such reappointment.

[S 13 am by Act 38 of 1933; GN 123 of 1964; SI 144 of 1965.]

14.   Pensions, etc., not to be assignable

A pension, gratuity or other allowance granted under this Act shall not be assignable or transferable except for the purpose of satisfying—

      (a)   a debt due to the Government; or

      (b)   an order of any court for the periodical payment of sums of money towards the maintenance of the wife or former wife or minor child of the officer to whom the pension, gratuity or other allowance has been granted;

and shall not be liable to be attached, requested or levied upon for or in respect of any debt or claim whatever except a debt due to the Government.

[S 14 am by Act 36 of 1949.]

15.   Pensions, etc., to cease on bankruptcy

If any European officer to whom a pension or other allowance has been granted under this Act is adjudicated a bankrupt or is declared insolvent by judgment of the court, then such pension or allowance shall forthwith cease:

Provided always that in any case where a pension or allowance ceases by reason of the bankruptcy or insolvency of the pensioner, it shall be lawful for the appropriate Commission from time to time during the remainder of such pensioner’s life, or during such shorter period or periods, either continuous or discontinuous, as it shall think fit, to cause all or any part of the money to which such pensioner would have been entitled by way of pension or allowance, had he not become a bankrupt or insolvent, to be paid to, or applied for the maintenance and personal support or benefit of all or any, to the exclusion of the other or others, of the following persons, namely, such pensioner and any wife, child or children of his, in such proportions and manner as the appropriate Commission thinks proper, and such money shall be paid or applied accordingly.

[S 15 am by GN 123 of 1964; SI 144 of 1965.]

16.   Pensions, etc., to cease on conviction

If any European officer to whom a pension or other allowance has been granted under this Act is sentenced to a term of imprisonment by any competent court whether within or without Zambia for any crime or offence then, in every such case, it shall be lawful for the appropriate Commission to direct that such pension or allowance shall forthwith cease:

Provided that—

      (i)   the pension or allowance shall be restored with retrospective effect in the case of a person who after conviction at any time receives a free pardon;

      (ii)   where a pension or allowance ceases for the reason aforesaid, it shall be lawful for the appropriate Commission to cause all or any part of the money to which the pensioner would have been entitled by way of pension or allowance to be paid to or applied for the benefit of any wife, child or children of the pensioner, or, after the expiration of his sentence, also for the benefit of the pensioner himself, in the same manner precisely and subject to the same qualifications and restrictions as in the case of bankruptcy hereinbefore provided.

[S 16 am by GN 123 of 1964; SI 144 of 1965.]

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