CHAPTER 279
WIDOWS AND ORPHANS PENSION ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Who shall become contributors

   4.   Contributors to Oversea Superannuation Scheme

   5.   Contributor appointed before 1st August, 1964, ceasing to be contributor

   6.   Who shall not be contributors

   7.   Officers in service common to more than one East African Government

   8.   Eligibility of persons appointed or transferred to Civil Service (Local Conditions) or Teaching Service

   9.   Rates of contribution

   10.   Determination of “salary”

   11.   Period and manner of contribution

   12.   Repealed

   13.   Registers of contributors to be kept

   14.   Information to be furnished by contributors

   15.   Penalty for non-compliance

   16.   Pension when officer with beneficiaries dies

   17.   Calculation of pensions and mode of charge

   18.   Pensions to beneficiaries

   19.   Bonuses in respect of certain pensions

   20.   Pension to widow

   21.   Pensions to children

   22.   Pensions to adopted children

   23.   Child over 21 undergoing full-time instruction or training

   24.   Who not entitled to pension

   25.   Provisions consequent upon an officer being dismissed for misconduct

   26.   Pension: when to commence and how payable

   27.   Allowance in lieu of pension to widow on bankruptcy

   28.   Pension not to be assigned or levied upon

   29.   Payment of pension to persons acting on behalf of minors in case of desertion

   30.   Discretion as to payment of minors' pensions

   31.   Proof of title may be required before payment of pension

   32.   Increases of contributions

   33.   Contributions may continue in full if salary reduced

   34.   Refund of contributions to bachelor and widower without children of pensionable age

   35.   Option given to certain officers who have left the service to elect to continue contributions

   36.   Contributions repayable in certain circumstances

   37.   Refund of contributions made in lump sum

   38.   Contributor married or widower with pensionable children leaving East African service on transfer, pension or when of pensionable standing

   39.   Option to contributor retiring on pension to cease or continue contributing

   40.   Pension payable when a pensionable officer retires on account of ill health and dies within two years

   41.   Registered pension in the case of non-pensionable officers leaving the service

   42.   Periodical revision of Pension Tables

   43.   Questions and disputes to be decided by appropriate Commission or authority

   44.   Cost of management of scheme

   45.   Rules and regulations

   46.   Notices of election irrevocable

   47.   Rates of exchange

   48.   Position of officers on war service

   49.   Officers from Palestine may become contributors

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

      FOURTH SCHEDULE

AN ACT

to make provision for granting pensions to widows and children of deceased European public officers.

[5th April, 1929]

Act 31 of 1929,

Act 46 of 1929,

Act 36 of 1930,

Act 17 of 1932,

Act 24 of 1932,

Act 8 of 1933,

Act 30 of 1933,

Act 1 of 1934,

Act 24 of 1936,

Act 24 of 1940,

Act 23 of 1941,

Act 1 of 1946,

Act 12 of 1950,

Act 48 of 1950,

Act 45 of 1951,

Act 32 of 1955,

Act 19 of 1956,

Act 1 of 1960,

Act 35 of 1961,

Act 28 of 1962,

Act 32 of 1963,

Act 50 of 1964,

Act 43 of 1969,

Act 22 of 1979,

GN 341 of 1964,

SI 144 of 1965.

1.   Short title

This Act may be cited as the Widows and Orphans Pension 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 of the Republic;

“approved scheme” means a scheme or fund for the granting of pensions to the widows and children of officers in the public service, which may have been declared to be an approved scheme for the purposes of this Act by the Governor of the former Protectorate of Northern Rhodesia or which may hereafter be declared by the President to be an approved scheme for the purposes of this Act;

“beneficiary” means and includes—

      (a)   the widow of a contributor;

      (b)   the children of a contributor, by his marriage with any wife dying in his lifetime, who are alive and of a pensionable age at the death of their father;

“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 public officers who are citizens of Zambia or under such terms and conditions of service as varied from time to time;

“contributor” means a contributor to the scheme and includes a person who has ceased to contribute in such circumstances that he continues to rank for benefit under this Act;

“Crown Agents” means the Crown Agents for Oversea Governments and Administrations;

“East African service” means the service of the Government of any one or more of the following—

Kenya, Uganda, Nyasaland, Zanzibar, Somaliland, Northern Rhodesia, Tanganyika, the East Africa High Commission, Malawi, Tanzania, Zambia, excluding service in the Civil Service (Local Conditions) or in the Teaching Service, which Governments are referred to as “East African Governments”, and also the service of the East African Common Services Organisation;

“European officer” means any officer both of whose parents were of European descent but includes also any other officer who is appointed under the conditions of service ordinarily applicable to Europeans;

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

“other public service” means public service not under the Governments;

(1) The wordstwenty-one years” were substituted for the words “eighteen years” in the case of males by Act 1 of 1946, with effect from 8th May, 1942, provided that where, before 1st January, 1944, by reason of the attainment of the age of eighteen years by a child of a deceased contributor, a pension payable to any other person from the funds of the Governments has been increased, this increase shall cease to be payable on the date aforesaid and not earlier.(2) For the avoidance of doubts it was declared that where any child of a deceased contributor shall have attained the age of eighteen years on or before 7th May, 1942, the pension thereupon ceasing to be payable to such child shall not become again payable by reason of the alteration in the definition effected by Act 1 of 1946.')">1“of a pensionable age”, as applied to children, means in the case of a male, that he is under the age of twenty-one years, and, in the case of a female, that she is under the age of twenty-one years and has not been married. A child shall be deemed to cease to be of a pensionable age within the meaning of this Act, if a male, on attaining the age of twenty-one years or dying under that age, and, if a female, on attaining the age of twenty-one years, or dying or marrying under that age;

“prescribed date” means the 1st November, 1961;

Service with the following bodies shall be public service for this purpose: Colonial Development Corporation. (GN 57 of 1949.) Central Electricity Board, Federation of Malaya. (G.N. 219 of 1950.) Tanganyika Broadcasting Corporation. (GN 166 of 1958.).')">2“public service” means—

      (a)   service in a civil capacity under the Government of the Republic of Zambia or any other country or territory in the Commonwealth; or

      (b)   service under the East Africa High Commission, the East African Railways and Harbours Administration, the East African Posts and Telecommunications Administration or the East African Common Services Organisation; or

      (c)   any other service which may have been determined to be public service for the purposes of this Act by the Governor of the former Protectorate of Northern Rhodesia or by the President or which may hereafter be determined by the President to be public service for the purposes of this Act;

“the scheme” means the scheme common to all the territories administered by the East African Governments for granting pensions to the widows and children of European officers in the East African service which it is intended to establish by this Act and by similar legislation in such territories;

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

   (2) When the marriage of any contributor has been annulled or dissolved by the decree of any competent court, the wife, party to such marriage, shall for all purposes of this Act be deemed to have died and the contributor to have become a widower at the date of such decree.

[S 2 am by Act 1 of 1946, 35 of 1961, 28 of 1962, 32 of 1963; GN 341 of 1964; SI 144 of 1965; Act 43 of 1969.]

3.   Who shall become contributors

   (1) Subject to the exceptions mentioned in sections 6 and 8, every European officer appointed to a post in the service of the Governments after the commencement of this Act shall become a contributor under the provisions of this Act from the date on which he commences to draw any of the salary of the post.

   (2) If a European officer who is already a contributor under the scheme is transferred to the service of the Governments from other East African service after the commencement of this Act, he shall contribute under this Act.

   (3) Any officer who has claimed exemption from the obligation to become a contributor under this Act under the provisions of section 4 and who subsequently becomes ineligible to continue as a contributor to the Oversea Superannuation Scheme shall become a contributor under the provisions of this Act from the date on which he ceases to be a contributor to the said Scheme unless he is otherwise ineligible or not liable to do so.

[S 3 am by Act 50 of 1964; SI 144 of 1965.]

This section is deemed to have come into force on 1st January, 1951, (See Act 32 of 1955).')">34.   Contributors to Oversea Superannuation Scheme

   (1) Any officer who is or becomes a contributor to the Oversea Superannuation Scheme may claim exemption from the obligation to become or to continue to be a contributor under this Act:

Provided that no such claim shall be effective unless made in writing and received by the Crown Agents before the 1st November, 1955, or within three months from the date upon which such officer first became a contributor to the said Scheme, whichever is the later.

   (2) Every claim for exemption made under the provisions of sub-section (1) shall take effect from the date upon which the officer concerned first became a contributor to the Oversea Superannuation Scheme and the amount of any contributions which he may have made under the provisions of this Act since such date shall be refunded to him without interest.

   (3) As from the date upon which any claim for exemption made under the provisions of sub-section (1) shall take effect, the officer by whom the claim was made shall be deemed, in respect of all rights arising from his contributions made under the provisions of this Act prior to such date, to be subject to the provisions of section 38 to the same extent as if he had left the service of the Governments on such date.

[S 4 am by Act 32 of 1955; SI 144 of 1965; Act 43 of 1969.]

5.   Contributor appointed before 1st August, 1964, ceasing to be contributor

   (1) Any contributor appointed before the 1st August, 1964, serving under a written agreement expressed to continue for a specified period or periods may elect not to continue as a contributor subject to and in accordance with the provisions of this section.

   (2) An election as aforesaid shall be by written notice addressed to the Permanent Secretary, Ministry of Finance, or to the Crown Agents.

   (3) An election as aforesaid shall not be effective unless it is received by the Permanent Secretary, Ministry of Finance, or the Crown Agents before the 1st January, 1965, or before such later date as the appropriate Commission may, in any particular case, specify.

   (4) Any contributor making an election as aforesaid shall cease to be a contributor with effect from the first day of the month after that in which his notice of election is received by the Permanent Secretary, Ministry of Finance, or the Crown Agents, as the case may be.

   (5) If the person on ceasing to be a contributor as aforesaid is—

      (a)   a bachelor; or

      (b)   a widower without children of pensionable age;

the provisions of section 34 shall apply to him as if he had left the East African service on the date on which he ceased to be a contributor.

   (6) If the person on ceasing to be a contributor as aforesaid is married or is a widower with children of pensionable age, the provisions of section 41 shall apply to him as if he had left the East African service on the date on which he ceased to be a contributor.

[S 5 am by Act 50 of 1964; SI 144 of 1965.]

6.   Who shall not be contributors

   (1) The following shall not be eligible to be contributors—

      (a)   Governors and their Private Secretaries and Aides-de-Camp, if not contributors before they held these positions or holders of substantive appointments entitling them to be contributors.

      (b)   Officers, non-Commissioned officers and men on the active list of the United Kingdom Navy, Army or Air Force temporarily employed by an East African Government in either a military or a civil capacity and not holding pensionable appointments under the Governments.

      (c)   Persons in the service of the Governments by reason only of their membership of the defence force and not holding pensionable appointments under the Governments.

      (d)   Persons temporarily employed on special missions.

      (e)   Females.

      (f)   Persons whose engagement, not being for a specified period, is terminable at one month's notice or less.

      (g)   Persons who are unmarried and are at the time of employment under the age of twenty-one:

Provided that if they are otherwise liable to contribute under the terms of this Act, they shall, on becoming married or on reaching the age of twenty-one, forthwith become contributors.

      (h)   Persons, appointed on or after the 1st August, 1964, serving under written agreements expressed to continue for a specified period or periods, unless the terms of their appointment provide that they shall be eligible to be contributors.

      (i)   Persons who transferred to the service of the Governments after the 30th September, 1963, from the public service of the Government of the former Federation of Rhodesia and Nyasaland unless they were contributors at the date they transferred.

This sub-section is deemed to have come into force on 1st January, 1951. (See Act 32 of 1955).')">   4(2) Who shall not become contributors

The following shall not be eligible to become contributors—

      (a)   persons who have attained the age of forty-nine years, unless they are transferred from other East African service in which they were contributors under the scheme and have not completed their periods of contribution;

      (b)   persons who are contributors to the Oversea Superannuation Scheme, unless they were, at the date when they became contributors to the said Scheme, already contributors under this Act.

This sub-section is deemed to have come into force on 1st January, 1944. (See Act 45 of 1951).')">   5(3) Exemption

      (a)   Subject to the provisions of this sub-section, if the appropriate Commission is satisfied that an officer who is required by this Act to become a contributor is a contributor under an approved scheme, the appropriate Commission may, on the application of such officer, direct that he shall, so long as he continues to be a contributor under such approved scheme, be exempt from contributing unless at any time the contributions which, in the absence of this sub-section, he would from time to time be required to pay under this Act exceed his contributions under such approved scheme; and so long as the exemption remains in force and the officer continues to be a contributor under such scheme, he shall not contribute under this Act more than the amount (if any) of such excess.

      (b)   The appropriate Commission may require any contributor who has been granted an exemption under this sub-section, from time to time to produce the receipts for his contributions, or other evidence of his continuing to be a contributor under such approved scheme, and if he shall fail to do so the appropriate Commission may cancel the exemption.

      (c)   No application for exemption under this sub-section shall be valid unless it is made in writing and reaches the appropriate Commission not later than three months after the date from which the officer commences to draw salary from the funds of the Governments or after the 1st April, 1952, whichever is the later, or such later date as the appropriate Commission may in any special case determine.

      (d)   Where an officer is, by virtue of an exemption under this sub-section, making no contributions under this Act he shall nevertheless be deemed, for the purposes of this Act, to cease or continue to contribute, as the case may be, in any circumstances in which he would he cease or continue if such exemption had not been granted, and all rights of election under sections 34, 35, 38, 39 and 41 may be exercised by him accordingly.

[S 6 am by Act 24 of 1940, 45 of 1951, 32 of 1955, 1 of 1960, 50 of 1964; GN 341 of 1964; SI 144 of 1965; Act 43 of 1969.]

Posts in the British East African Meteorological Service shall not be posts in the service of the Governments. (GN 119 of 1934).')">67.   Officers in service common to more than one East African Government

   (1) It shall be lawful for the President from time to time, by statutory notice, to declare that, notwithstanding the provisions of this Act, the posts specified in the notice, being posts of which the salaries are provided wholly or partly by more than one of the East African Governments, shall be deemed for the purposes of this Act to be either—

      (a)   posts in the service of the Governments; or

      (b)   posts not in the service of the Governments.

   (2) The provisions of sub-section (2) of section 9 shall not apply to any officer holding a post so declared to be in the service of the Governments, who shall, for the purposes of sub-section (1) of section 9, be deemed to be in receipt of salary from the funds of the Governments equal to the total salary of the post from whatever source it is drawn.

   (3) Any notice issued under this section shall have retrospective effect as regards any post to the date from which the holder for the time being thereof entered the East African service.

   (4) If the holder of any post declared by notice under this section to be in the service of the Governments has not been required prior to the notice to contribute to the scheme, he may, within three months of the date on which the notice concerning his post is issued or such later date as the President may in any special case allow, elect to be exempted either from the requirement to contribute thereto or from his liability to make contributions in respect of service prior to the date upon which the notice is issued. The date of the election shall be deemed to be the date of the receipt of the written notification addressed either to the Permanent Secretary (Establishments) or to the Crown Agents. Any election duly exercised shall be irrevocable.

[S 7 am by Act 30 of 1933, 1 of 1934; GN 341 of 1964; SI 144 of 1965; Act 43 of 1969.]

8.   Eligibility of persons appointed or transferred to Civil Service (Local Conditions) or Teaching Service

   (1) Subject to the provisions of sub-sections (2) and (3), persons who are appointed to the Civil Service (Local Conditions) or to the Teaching Service shall not be eligible to be contributors.

   (2) A contributor who transfers to the Civil Service (Local Conditions) or to the Teaching Service may, on or at any time after so transferring, elect to cease to be a contributor.

   (3) Where a contributor does not elect under the provisions of sub-section (2), he shall continue to be a contributor and the provisions of this Act shall apply to such contributor as though he had transferred to other public service.

   (4) Where any person ceases to be a contributor under the provisions of this section, the provisions of this Act shall, from the date of his so ceasing, apply to such person as though he had transferred to other public service.

[S 8 am by Act 35 of 1961, 28 of 1962; SI 144 of 1965.]

9.   Rates of contribution

   (1) The rates of contribution shall be as follows—

      (a)   An officer whose salary, determined in accordance with the provisions of section 10, exceeds the amount given in any line of the first column below but does not exceed that given in the corresponding line of the second shall contribute at the annual rate given in the corresponding line of the third column.

Column 1Column 2Column 3
KKK
--55024
55060030
60080036
8001,00048
1,0001,20060
1,2001,44072
1,4401,68084
1,6801,84096
1,8402,200108
2,2002,400120
2,4002,600130

and so on, the annual contribution increasing by K10 for each step of K200 in the salary scale.

      (b)   A contributor who before the date of his first payment of contribution under this Act or within three months after marrying shall by written notice to the Crown Agents so elect may make an additional annual contribution of one-half of the amount specified in the line in column 3 above, which is applicable to him at the date of notification or, if he so decides at the date of notification, of one-half the amount so specified which is applicable to him from time to time. A contributor who has not so elected before the date of his first contribution or within three months after marrying may be permitted so to elect at any time during his contribution term, subject to the approval of the appropriate Commission after examination by a Government Medical Board. If he so elects to make an additional annual contribution, he shall make it accordingly as from the date on which he first became a contributor or as from the first day of the month next after that in which his notice was received by the Crown Agents or as from the first day of the month next after that in which the appropriate Commission's approval was given to his subsequent election, as the case may be. A contributor who at the time of his appointment or reappointment to the service of the Governments is already making an additional annual contribution under the scheme shall (unless he elects at any time under sub-section (1) of section 11 to discontinue such additional contribution) continue to pay it as an additional annual contribution under this Act and an officer who has ceased to contribute under the scheme may on being reappointed to the service of the Governments elect to make an additional annual contribution at the rate then applicable to him from time to time. No officer shall be allowed to make more than one additional annual contribution under the scheme at the same time.

      (c)   Any officer contributing at a rate not lower than K120 a year may, whether or not he has exercised a previous option under this paragraph, at any time elect to limit his future annual contributions to such rate provided for by paragraph (a) and not being lower than K120 a year as he shall specify, but he shall not by so electing be entitled to any refund in respect of any contribution made prior to the date of his election.

      (d)   An officer who has opted to limit his contributions in accordance with the provisions of paragraph (c) may, subject as hereinafter provided, subsequently revoke the said option.

      (e)   An officer who has revoked a previous option under paragraph (d) may—

      (i)   subject to the production by him of a satisfactory certificate of physical fitness signed within the preceding three months by a qualified medical practitioner, exercise a further option to limit his contribution at a higher rate; or

      (ii)   subject to the production by him of a satisfactory certificate of physical fitness signed within the preceding three months by a qualified medical practitioner, exercise a further option to revert to the full rate of contribution appropriate to his salary; or

      (iii)   exercise a further option to reduce his contributions to a rate not lower than K120 a year;

and a revocation under paragraph (d) shall take effect only upon the exercise of one of the options conferred under this paragraph.

      (f)   No option may be revoked under this sub-section within any period of less than two years from the making of the said option.

      (g)   Every option and every revocation of an option made under this section shall be effected by the officer giving written notice thereof to the Permanent Secretary, Ministry of Finance, or to the Crown Agents and shall be deemed to be exercised on the first day of the month next after that in which his notice is received.

      (h)   No officer shall after attaining the age of forty-nine contribute at a higher rate than that at which he was contributing immediately before attaining that age.

      (i)   The provisions of paragraph (b) shall not apply to any officer who becomes a contributor after the 1st January, 1944.

   (2) Where a contributor is in receipt of salary from more than one East African Government, his contributions under this Act shall bear the same proportion to the contributions which he would have paid under this Act had the whole of such salary been payable by the Governments as the salary in fact payable by the Governments bears to his total salary.

[S 9 am by Act 1 of 1946, 48 of 1950, 32 of 1955, 19 of 1956, 1 of 1960, 50 of 1964; GN 341 of 1964; SI 144 of 1965.]

10.   Determination of “salary”

For the purpose of fixing the rate of contribution—

      (a)   in respect of service prior to the 1st April, 1960, no regard shall be had to any personal, duty or acting allowance, nor to any other receipts, emoluments or advantages of any kind which the officer may receive or enjoy; but the contribution shall be assessed with regard only to the amount of the salary of the definite post held by the officer without previous deduction of the amount of his contribution;

      (b)   in respect of service on or after the 1st April, 1960, the term salary shall be deemed to include salary, personal allowance (other than a personal allowance awarded in direct consequence of the implementation of recommendations made by the Salaries Commission appointed on the 6th February, 1952) and inducement allowance, but does not include duty allowance, entertainment allowance or any other emoluments whatsoever.

[S 10 am by Act 50 of 1964; SI 144 of 1965.]

11.   Period and manner of contribution

   (1) Subject to the provisions of sub-section (3), all annual contributions shall be paid in monthly installments and shall, subject as hereinafter mentioned, be payable until either the contributor dies, or he has contributed for an exact number of years, such period of payment in the latter case terminating on or after the forty-ninth and before the fiftieth birthday of the contributor:

Provided that a contributor who is making an additional annual contribution may at any time by notification to the Crown Agents elect to discontinue such contribution either as from the next date subsequent to the receipt of his notification of election by the Crown Agents on which the installments paid on account thereof will amount to one or more full annual contributions, or as from the beginning of the month next after that in which his notification of election is received by the Crown Agents. When a contributor so elects to discontinue an additional annual contribution, only such installments thereof as form part of a complete annual contribution paid by him shall be taken into account for the purpose of calculating any pension under this Act, and any balance shall not be refunded except in pursuance of the provisions of section 34.

   (2) The Crown Agents shall deduct the contributions from the salaries of contributors when they are on leave or when their salaries are wholly paid through the Crown Agents or from the pensions of contributors who retire on pension and elect to contribute under this Act and whose pensions are payable through the Crown Agents. When a contributor's salary or pension is not wholly paid through the Crown Agents, his contributions shall be deducted from his salary or pension, as the case may be, by the Government. If a contributor is on leave on half salary or under interdiction, or on leave without salary, he shall still be liable to contribute at the ordinary rate. In the last mentioned case, if the contributor does not himself pay to the Government his contributions during the period when he was on leave without salary, the amount of his contributions in arrear shall be deducted from the first payment of salary subsequent to such leave.

   (3) Notwithstanding the provisions of sub-sections (1) and (2), a contributor who has retired and whose contributions fall to be deducted from his pension may, at any time, elect to pay a lump sum in lieu of the contributions which would be payable between the date on which his election is deemed to have been exercised and the anniversary of the date he became liable to contribute falling on or after his forty-ninth birthday, and such lump sum shall be calculated in accordance with the table and instructions set out in the Third and Fourth Schedules.

   (4) Any election made under sub-section (3) shall be effected by the officer giving written notice thereof to the Permanent Secretary, Ministry of Finance, or the Crown Agents and shall be deemed to be exercised on the first day of the month next after that in which his notice of election is received:

Provided that any such election shall be void if the full payment of the lump sum contribution is not made within thirty days of the date on which the election is deemed to have been exercised.

[S 11 am by Act 43 of 1969.]

12.   …

[S 12 rep by Act 22 of 1979.]

13.   Registers of contributors to be kept

Registers shall be kept by the Crown Agents in which shall be entered the date of the birth of every contributor and, if he be married, the dates of the births of his wife and children (if any), particulars of his contributions, and all other dates and particulars respecting contributors and their families material to be recorded for the purposes of this Act.

14.   Information to be furnished by contributors

   (1) Every contributor shall within three months of his first becoming a contributor under the scheme notify to the Crown Agents in writing—

      (a)   the date of his birth; and

      (b)   if he is a married man, or a widower with children of a pensionable age, the dates of his marriage and of the births of his wife and children (if any).

   (2) Every contributor who marries while a contributor shall within three months after his marriage notify the same to the Crown Agents in writing and state the date of the birth of his wife.

   (3) Every contributor shall notify to the Crown Agents in writing within three months from the date of the event—

      (a)   the birth of any child born to him or the adoption of any child by him;

      (b)   the marriage of any female child under the age of twenty-one;

      (c)   the death of his wife and the death or adoption of any of his children of a pensionable age.

   (4) Information to be furnished by widows

After the death of any married contributor the widow of such contributor shall notify to the Crown Agents in writing within three months from the date of the event—

      (a)   the date of the death of the contributor, if he was not at the time in the East African service;

      (b)   the birth of any posthumous child born to such contributor;

      (c)   the marriage of any female child of such contributor under the age of twenty-one years;

      (d)   the death or adoption of any child of such contributor while of a pensionable age;

      (e)   her own remarriage or bankruptcy.

   (5) Proof of statements

Any such statement or notice shall be proved by the production of birth, death, or marriage certificates or by affidavit or otherwise, to the satisfaction of the Crown Agents.

[S 14 am by Act 1 of 1960.]

15.   Penalty for non-compliance

   (1) A contributor or widow who fails or neglects to comply with any of the requirements of the foregoing section shall, for each default, be liable, at the discretion of the appropriate Commission, to pay a sum not exceeding 0.4 ngwee, which may be deducted from his or her salary or pension, as the case may be.

   (2) Penalty for false statement

If a contributor or widow of a contributor shall at any time have wilfully made any false statement respecting any of the particulars required by this Act to be furnished, all or any part of the rights under the scheme of the contributor or the widow or any child of the contributor shall be liable to be forfeited at the discretion of the appropriate Commission.

[S 15 am by Act 17 of 1932, 1 of 1960; GN 341 of 1964; SI 144 of 1965.]

16.   Pension when officer with beneficiaries dies

Upon the death of a contributor who is married or a widower with children of a pensionable age, the full pension registered in his name shall be payable subject to the other provisions of this Act.

[S 16 am by Act 1 of 1946.]

17.   Calculation of pensions and mode of charge

The Crown Agents shall calculate the pensions payable under this Act and shall pay the pensions as they become due. Any sum so paid as well as any refunds of contributions paid in accordance with this Act shall be charged to the Fund:

Provided that—

      (i)   in so far as pensions under this Act are paid at rates greater than those set out in the First Schedule which is deemed to have come into force on the 1st April, 1960, the whole cost of the additional payment shall be met by the Fund;

      (ii)   where an officer's contributions under the scheme have been paid partly into the Fund and partly to one or more other East African Government—

      (a)   the amount of the pension to be charged to the Fund in respect of that officer shall be the amount attributable to the contributions paid into the Fund in respect of him and calculated in accordance with the tables applicable to that officer, together with any increase therein calculated in accordance with the provisions of this Act;

      (b)   the amount to be charged to the Fund on account of any refund made to or in respect of that officer shall be the total amount of the contributions paid into the Fund in respect of him, together with any interest thereon calculated as prescribed in this Act.

[S 17 am by Act 43 of 1969.]

18.   Pensions to beneficiaries

Subject to the provisions of this Act—

      (a)   where a contributor who ceased to pay contributions before the 1st April, 1960, dies leaving one or more beneficiaries, such beneficiary, or each of such beneficiaries, as the case may be, shall receive a pension calculated in accordance with—

      (i)   the provisions of this Act; and

      (ii)   the pensions tables and instructions;

which were in force immediately prior to the said date;

      (b)   where a contributor who has paid contributions on or since the 1st April, 1960, dies leaving one or more beneficiaries, such beneficiary or each of such beneficiaries, as the case may be, shall receive with effect from the 1st April, 1960, or from the date of death of the contributor, whichever is the later, a pension calculated in accordance with the pension tables and instructions set out in the First and Second Schedules, which shall be deemed to have come into operation on the 1st April, 1960;

      (c)   if pensions are payable to more than one beneficiary, each beneficiary shall receive such a proportion of the pension which he would have received if he had been the only beneficiary as unity bears to the total number of beneficiaries;

      (d)   where there are more beneficiaries than one receiving pensions in respect of the same contributor and any of such beneficiaries ceases to exist within the meaning of this Act, the beneficiary or beneficiaries if more than one, remaining in existence shall, or each of them shall, as from the date of such cessation, receive the pension he would have received if he and the other beneficiary, or other beneficiaries, if any, remaining in existence had been the only beneficiary or beneficiaries in existence at the death of such contributor.

[S 18 am by Act 50 of 1964.]

19.   Bonuses in respect of certain pensions

   (1) In addition to any other increase effected under the provisions of this Act or any other law, every pension referred to in sub-section (2) shall be further increased by an amount of ten per centum.

   (2) The pensions to which sub-section (1) applies are—

      (a)   all pensions being paid under the provisions of this Act on the 31st December, 1957, the increase to take effect from the 1st January, 1958;

      (b)   registered pensions of officers who had ceased to contribute on or before the 31st December, 1957, in so far as they relate to contributions which accrued to the Government of the former Protectorate of Northern Rhodesia;

      (c)   those parts of the registered pensions of officers still contributing on the 1st January,1958, purchased by contributions which fell due on or before the 31st December, 1957, in so far as they relate to contributions which have accrue to the Governments.

[S 19 am by Act 1 of 1960; SI 144 of 1965.]

20.   Pension to widow

   (1) Where a beneficiary consists of the widow of a contributor, the pension payable to such beneficiary shall, subject to any deductions in respect of partial forfeitures under sub-section (2) of section 15, be paid to her and shall cease on her death, bankruptcy or remarriage or on the forfeitures of the whole of such pension in accordance with the provisions of that sub-section.

Lapse of widow's pension

   (2) If on such pension ceasing as aforesaid there are no children of the marriage of such widow with the contributor living and of pensionable age, such beneficiary shall be deemed to cease to exist and the pension payable to it shall lapse.

Pension to children on lapse of widow's pension

   (3) If on such pension ceasing as aforesaid there are such children living and of pensionable age, such pension shall be continued and paid to such children as hereinafter provided and such children shall be deemed to constitute a beneficiary within the meaning of this Act.

   (4) A widow whose pension has on her remarriage lapsed or become payable to the children, if any, of her marriage with the contributor who are living and of pensionable age shall—

      (a)   if her husband dies in her lifetime, not being a contributor under this Act, be paid the pension which was payable to her before her remarriage—

      (i)   as from the date of the death of her husband; or

      (ii)   as from the date when such children ceased to be of pensionable age;

whichever is the later; or

      (b)   if she becomes entitled on the death of her husband, being a contributor, to be paid a pension under this Act—

      (i)   if there are children of pensionable age of her previous marriage, be paid such pension until such children cease to be of pensionable age and may then elect either to continue to be paid such pension or to be paid in lieu the pension which was payable to her before her remarriage; or

      (ii)   if there are no such children of her previous marriage of pensionable age, elect forthwith either to be paid such pension or to be paid in lieu the pension which was payable to her before her remarriage:

Provided that in the event of a widow electing to be paid the pension which was payable to her before her remarriage in lieu of any pension which may become subsequently due under this Act, such subsequent pension shall be paid to the children, if any, of her remarriage who are living and of pensionable age.

   (5) In sub-section (4), references to the husband of a widow are references to her husband by any remarriage.

[S 20 am by Act 19 of 1956.]

21.   Pensions to children

Where a beneficiary consists of children of a contributor, the pension payable to such beneficiary shall be at the same rate as the pension which their mother received or would have received if she had been alive and entitled to a pension and shall be paid to such children in equal shares while they remain of pensionable age. When any of such children ceases to be of pensionable age his or her share of such pension shall be paid to the surviving children of pensionable age in equal shares, and when the last surviving child of pensionable age ceases to be of pensionable age such beneficiary shall be deemed to cease to exist and the pension payable to it shall lapse.

22.   Pensions to adopted children

   (1) In the award of any pensions which became or become due under this Act after the 1st July, 1955, a child adopted by a contributor while he was or is married to any wife shall be deemed to be the child of the contributor by that marriage if—

      (a)   the contributor adopted the child before he retired from the public service;

      (b)   the contributor was under the age of fifty-five at the time of the adoption; and

      (c)   the adoption was in accordance with the law of the place where the contributor was resident at the time of the adoption.

   (2) The child of a contributor who is adopted by any other person—

      (a)   in the lifetime of a contributor, or while a pension is being paid under this Act to the mother of that child, shall be deemed, for the purposes of this Act, to have died at the date of the adoption;

      (b)   after the death of the contributor shall, if he is being paid a pension or a share of a pension under this Act, continue to be paid such pension or such share.

[S 22 am by Act 19 of 1956, 1 of 1960.]

23.   Child over 21 undergoing full-time instruction or training

   (1) Subject to the provisions of this section, and notwithstanding any other provision of this Act, where a child of a contributor who has attained the age of twenty-one years—

      (a)   is receiving full-time instruction at any university, college, school or other educational establishment; or

      (b)   is undergoing training by any person (hereinafter referred to as “the employer”) for any trade, profession or vocation in such circumstances that he is required to devote the whole of his time to the training for a period of not less than two years;

then, if the said full-time instruction or the said training, as the case may be, was begun before the child attained the age of twenty-one years, he or she shall be paid, or shall continue to be paid, unless the appropriate Commission directs otherwise, a pension or share of a pension under this Act as if he or she had not yet attained the age of twenty-one years.

   (2) Where a pension or a share of a pension is paid, or continues to be paid, under sub-section (1)—

      (a)   the pension or the share, as the case may be, shall be reduced so that when it is added to any bursary, scholarship or other like award receivable in respect of the said full-time instruction or to any emoluments receivable by a child undergoing the said training, or payable by the employer in respect of him, the total does not exceed the yearly sum of K1, 200;

      (b)   no regard shall be had to emoluments receivable or payable by way of return of any premium paid in respect of the said training;

      (c)   the pension or the share, as the case may be, shall cease to be paid when the child attains the age of twenty-five years or, if she marries before attaining that age, shall cease to be paid to a female child on her marriage.

   (3) For the purposes of sub-section (2), “emoluments” means any salary, fees, wages, perquisites or profits or gains whatsoever, and includes the value of free board, lodging or clothing, and where a premium has been paid in respect of the training of a child all emoluments at any time receivable by him or payable by the employer in respect of him shall be deemed to be

receivable or payable by way of return of the premium, unless and except to the extent that the amount thereof exceeds in the aggregate the amount of the premium.

   (4) The appropriate Commission, if it thinks fit and is satisfied that a child's full-time education ought not to be regarded as completed, may direct that this section shall apply to the child notwithstanding that the said full-time instruction, or the said training, as the case may be, was not begun before the child attained the age of twenty-one years.

   (5) Notwithstanding any other provisions of this Act, a child to whom this section applies shall be deemed, for all the purposes of this Act, to be of pensionable age.

   (6) This section shall be deemed to have come into force on the 1st January, 1958.

[S 23 am by Act 1 of 1960; GN 341 of 1964; SI 144 of 1965.]

24.   Who not entitled to pension

   (1) No widow of a contributor whose marriage with him is contracted after he has left the public service (unless he has elected to contribute under section 35 and at the date of the marriage is so contributing or has ceased to do so by virtue of sub-section (1) of section 11) or has attained the age of fifty-five and no issue of such marriage shall constitute a beneficiary for the purpose of this Act or become entitled to pension.

   (2) No widow of a contributor whose husband dies within twelve calendar months of the marriage without issue of such marriage born in his lifetime or in due time after his death shall be capable of constituting a beneficiary or become entitled to any pension under this Act:

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.