CHAPTER 280
NON-DESIGNATED EXPATRIATE OFFICERS (RETIRING BENEFITS) ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Retirement

   4.   Supersession of certain entitled officers

   5.   Date of retirement and pension of entitled officer entering contract of re-employment under Government

   6.   Benefits in respect of leave, passages and baggage facilities for certain entitled officers

   7.   Special gratuity on the death of certain entitled officers

   8.   Grant of pensions and gratuities

   9.   Additional pension or gratuity payable to certain entitled officers

   10.   Additional pension or gratuity payable to certain retired officers re-employed

   11.   Place of payment and rate of exchange

   12.   Application of the Pensions Laws

   13.   Exemption from tax

   14.   Transitional provisions

      SCHEDULE

AN ACT

to implement the scheme of retirement benefits for non-designated expatriate officers; and to provide for matters incidental thereto or connected therewith.

[7th January, 1966]

Act 75 of 1965,

Act 6 of 1967,

Act 35 of 1970.

1.   Short title

This Act may be cited as the Non-Designated Expatriate Officers (Retiring Benefits) Act.

2.   Interpretation

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

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

      (b)   in relation to an entitled 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 entitled officer, means the appropriate Commission;

"confirmed officer" means an officer in the public service—

      (a)   who, on the operative date, had been confirmed in his appointment in the public service; or

      (b)   who, while serving on probation or as an officer on probationary agreement, is confirmed in his appointment in the public service; or

      (c)   who, at any time prior to his transfer to the public service, was an established officer or confirmed employee in the public service of the former Federation of Rhodesia and Nyasaland;

"entitled officer" means a confirmed officer—

      (a)   who is a citizen of a country other than Zambia, whether or not he is also a citizen of Zambia; and

      (b)   who, but for the provisions of this Act, would be eligible to be granted an additional pension under regulation 12 of the Pensions Regulations (without taking the provisions to that regulation into account) in the event of his retirement in consequence of the abolition of his office; and

      (c)   who is not a designated officer for the purposes of the Overseas Service (Northern Rhodesia) Agreement, 1961; and

      (d)   who has not received and is not eligible to receive any compensation or other benefit under the Zambia (Compensation and Retiring Benefits) Order, 1964;

"General Orders" means the General Orders of the Government;

"officer on probationary agreement" means an officer, who is serving the Government for a tour of duty under an agreement entered into between him and the Government and who—

      (a)   having entered into the agreement before he attained the age of forty-five years, is eligible under General Orders to be confirmed in his appointment in the public service on the completion of his tour of duty subject only to satisfactory service and the fulfilment of any examination obligations; or

      (b)   has been given on behalf of the Government a formal and written commitment to confirm him in his appointment in the public service on a specified date or after a specified period subject only to satisfactory service and the fulfilment of any examination obligations;

"operative date" means the 10th January, 1964;

"pensionable emoluments" means emoluments that may be taken into account in computing the pension of an officer under the Pensions Laws;

"pensionable service" means the aggregate amount of service that may be taken into account for the purpose of computing the pension of an officer under the Pensions Laws;

"the appropriate Commission" has the meaning assigned thereto by the Constitution;

"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;

"the Pensions Act" means the European Officers' Pensions Act;

"the Pensions Laws" means the Pensions Act and the Pensions Regulations;

"the Pensions Regulations" means the regulations contained in the Third Schedule to the Pensions Act and any regulations varying or revoking the same;

"the prescribed period of notice"

      (a)   in relation to an entitled officer who is not on leave of absence after completing a tour of duty at the time when he gives notice of his intention to retire, means a period expiring not earlier than the date on which he will have completed six months' resident service reckoned from—

      (i)   the date on which such notice is given; or

      (ii)   the date on which he completes the first three months of his current tour of duty;

whichever is the later;

      (b)   in relation to an entitled officer who is on leave of absence after completing a tour of duty at the time when he gives notice of his intention to retire, means a period expiring not earlier than the date on which he will have completed six months' resident service reckoned from the date on which he returns to Zambia for further duty;

"the prescribed period of resident service", in relation to an entitled officer, means the period or periods of resident service, amounting in the aggregate to twenty-four months, served by that officer after the operative date;

"the public service" means the public service of Zambia or, in respect of any period before the 24th October, 1964, the public service of the former Protectorate of Northern Rhodesia and includes the Civil Service (Local Conditions) and the Teaching Service;

"the resident service", in relation to an entitled officer, means pensionable service of the officer in the public service but does not include any period spent by the officer—

      (a)   on leave of absence on half pensionable emoluments or without pensionable emoluments; or

      (b)   on vacation leave of absence taken after the completion of a tour of duty; or

      (c)   on travelling time, that is to say, additional leave of absence granted in respect of rail, sea or air travel undertaken in proceeding on or returning from vacation leave, except to the extent that such travelling time is permitted by General Orders to be reckoned as resident service;

"the Scheme" means the scheme of retirement benefits for non-designated expatriate officers that was published by the Government on the 6th January, 1964, and any amendment of such scheme published by the Government before the commencement of this Act.

   (2) For the purposes of this Act—

      (a)   a person whose office has been abolished and who retires in consequence of the abolition of his office shall be deemed to be the substantive holder of that office during the period between the date on which the office was abolished and the date of the expiration of any leave of absence granted to him pending his retirement;

      (b)   when an officer on probation is required to retire—

      (i)   under section 16 of the Zambia Independence Order, 1964; or

      (ii)   in consequence of injury or ill health; or

      (iii)   in consequence of the abolition of his office or for the purpose of facilitating improvements in the organisation of the part of the public service to which he belongs by which greater economy or efficiency may be effected; or

      (iv)   on the grounds of age in accordance with the provisions of the Pensions Laws;

he shall be deemed to have been confirmed in his appointment in the public service immediately before the day upon which he was given notice requiring him to retire;

      (c)   when the appointment of an officer on probationary agreement is terminated for reasons which, if he had been an officer on probation, paragraph (b) would have applied to him, he shall be deemed to have been confirmed in his appointment in the public service immediately before the day upon which he was given notice of the termination of his appointment.

   (3) An entitled officer who is required to retire and who, immediately before being so required acted for a period of six months to the satisfaction of the appropriate authority in an office the pensionable emoluments of which were higher than those of the office of which he was the substantive holder, shall be deemed to have been confirmed in the office in which he was acting.

3.   Retirement

   (1) Subject to the provisions of this section, an entitled officer may, after giving to the appropriate authority notice of his intention to do so, being—

      (a)   the prescribed period of notice; or

      (b)   such shorter period of notice as the appropriate authority may accept;

retire under this section at any time:

Provided that—

      (i)   in the case of an officer who is not on leave of absence after completing a tour of duty at the time when he gives notice of his intention to retire under this section and who, if he gave the prescribed period of notice, would serve a tour of duty exceeding thirty-six months, the appropriate authority shall accept such shorter period of notice as will enable the officer, after completing a tour of duty of thirty-six months, to proceed on leave of absence pending retirement without returning to Zambia for further duty;

      (ii)   in the case of an officer who is not on leave of absence after completing a tour of duty at the time when he gives notice of his intention to retire under this section and who, before he gives such notice, has been granted permission to proceed on leave of absence after completing a tour of duty on a date within six months of the date on which he gives such notice, the appropriate authority shall accept such shorter period of notice as will enable the officer to proceed on such leave of absence pending retirement without returning to Zambia for further duty;

      (iii)   in the case of an officer who is on leave of absence after completing a tour of duty at the time when he gives notice of his intention to retire under this section, the appropriate authority shall, unless it considers that it is essential in the public interest that the officer be required to return to Zambia for further duty, waive any period of notice required under this section.

   (2) An entitled officer who has given notice of his intention to retire under this section on any date may, with the consent of the appropriate authority, withdraw that notice at any time before that date.

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