CHAPTER 106 - DEFENCE ACT: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Defence (Regular Force) (Pensions) Regulations

Defence Force (Procedure) Rules

Defence Force (Boards of Inquiry) Rules

Defence Force (Regular Force) (Enlistment and Service) Regulations

Defence Force (Summary Jurisdiction) Regulations

Defence (Regular Forces) (Officers) Regulations

DEFENCE (REGULAR FORCE) (PENSIONS) REGULATIONS

[Sections 12 and 210]

[Currency mentioned in this regulation should be re-denominated as stipulated under S 4 of Re-denomination Act, 2012, read with S 29 of Bank of Zambia Act, 1996.]

Arrangement of Regulations

   Regulation

PART I
GENERAL

   1.   Title

   2.   Interpretation

   3.   Pension contributions to be transferred to the Board

   3A.-3H.   Revoked by S.I. No. 176 of 1993

   4.   Pensionable service

   5.   Officers and members of Corps of Instructors to contribute to cost of tribute

   6.   Pension benefits not assignable, etc.

   7.   Pension to cease on bankruptcy

   8.   Pension to cease on imprisonment

   9.   Forfeiture of pension

   10.   Payment of benefits to widows and children of a deceased person who was married under a system permitting of polygamy

   11.   Medical examination or treatment

   12.   Resumption of duty by persons retired on the grounds of ill health

PART II
BENEFITS ON RESIGNATION, DISCHARGE OR DISMISSAL

   13.   Benefits on resignation or discharge

   13A.   Pension entitlement for Personnel who die of natural causes

   14.   Benefits on dismissal

PART III
RETIREMENT BENEFITS

   15.   Interpretation of Part III

   16.   Benefits for a Commander who retires under provisions of Defence Force (Regular Force) (Officers) Regulations

   17.   Benefits for other persons required to retire on grounds of age or length of service

   18.   Benefits for persons required to retire on grounds of ill health

   19.   Benefits for persons who retire voluntarily

   20.   Benefits for persons transferred from Regular Force who retire from the service of a Scheduled Government

PART IV
SPECIAL PROVISIONS APPLICABLE ONLY TO NON-ZAMBIANS

SERVING IN THE REGULAR FORCE ON PENSIONABLE

TERMS

   21.   Application of Part IV

   22.   Retirement to facilitate Zambianisation

   23.   Retirement following supersession for promotion

   24.   Additional benefits for persons required to retire

   25.   Right to retire voluntarily

   26.   Benefits on voluntary retirement

PART V
BENEFITS IN RESPECT OF INJURY OR DEATH IN THE COURSE OF DUTY

   27.   Application of Part V

   28.   Interpretation of Part V

   29.   Injury benefits

   30.   Death benefits

   30A.   Special Death gratuity

   31.   Conditions applicable to pensions and allowances payable in terms of regulation 29 or 30

   32.   Reimbursement of medical and other expenses

PART VI
DEATH BENEFITS

   33.   Interpretation of Part VI

   34.   Death benefits: officers and members of Corps of Instructors with less than two years' service

   35.   Death benefits: officers with between two and ten years' service

   35A.   Death of officer or warrant officer before notice or date of retirement

   35B.   Death of warrant officer before notice to retire or before date of retirement

   36.   Death benefits: other ranks

   37.   Pensions for widows of officers and members of Corps of Instructors

   38.   Pensions for children of officers and members of Corps of Instructors

   38A.   Gratuity Payment upon death

PART VII
MISCELLANEOUS

   39.   Commutation of pensions

   40.   Revocation

   41.   Review of pensions

      FIRST SCHEDULE

      SECOND SCHEDULE

      THIRD SCHEDULE

[Regulations by the President]

SI 184 of 1966,

SI 102 of 1988,

SI 166 of 1992,

SI 176 of 1993,

SI 62 of 1995,

SI 121 of 2011.

PART I
GENERAL

1.   Title

These Regulations may be cited as the Defence (Regular Force) (Pensions) Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires–

"average pensionable emoluments" means–

      (a)   in the case of a person who was appointed to the Regular Force before the * 29th April, 1966.')">*commencement of these Regulations, the annual rate of the pensionable emoluments payable to him on his last day of pensionable service or total service, as the case may be;

      (b)   in the case of a person who was appointed to the Regular Force on or after the * 29th April, 1966.')">*commencement of these Regulations and who–

      (i)   has held the same rank; or

      (ii)   has held different ranks carrying the same maximum annual rate of pensionable emoluments;

for a period of three years immediately preceding the date on which he retires, the annual rate of pensionable emoluments payable to him on his last day of pensionable service or total service, as the case may be:

Provided that such person shall be deemed to have enjoyed the benefit of any increase due to a revision of salaries in the pensionable emoluments of any rank held by him as if such increase had been payable throughout such period;

      (c)   in the case of a person who was appointed to the Regular Force on or after the * 29th April, 1966.')">*commencement of these Regulations and whose pensionable service or total service, as the case may be, amounts to less than three years, the average of the annual rates of the pensionable emoluments to which that person was entitled during his period of pensionable service or total service, as the case may be:

Provided that such person shall be deemed to have enjoyed the benefit of any increase due to a revision of salaries in the pensionable emoluments of any rank held by him as if such increase had been payable throughout such period;

      (d)   in the case of any other person, one-third of the aggregate of his pensionable emoluments during the period of three years immediately preceding the date on which he retires:

Provided that–

      (i)   the average pensionable emoluments of a person calculated in accordance with this paragraph shall in no case be less than they would have been had he retired immediately prior to his appointment to any rank held by him during his last three years of service;

      (ii)   such person shall be deemed to have enjoyed the benefit of any increase due to a revision of salaries in the pensionable emoluments of any rank held by him as if such increase had been payable throughout such period;

"Board" means the Civil Service (Local Conditions) Pensions Board; "child" means an unmarried legitimate or legitimated son or daughter (including a posthumous child, stepchild or child legally adopted) under the age of eighteen years, of an officer, retired officer, member of the Corps of Instructors or former Federal Instructor or person to whom regulation 29 or 30 applies;

"Corps of Instructors" means the body of the Regular Force which has been declared to be the Corps of Instructors for the purposes of the Act;

"dependant" means the wife, child or such other relative dependent upon a member of the Regular Force for maintenance as the Permanent Secretary may recognise for the purposes of these Regulations;

"emoluments factor" means–

KA/KA+KB;

Where KA = the total of the pensionable emoluments received by the person concerned during his service in the Regular Force;

KB = the total of the emoluments accepted as pensionable by the Scheduled Government or Scheduled Governments concerned during the period of service of the person concerned under that Scheduled Government or Scheduled Governments:

Provided that where part only of any service is taken into account as total service, a proportionate part only of the total emoluments paid during that service shall be taken into account for the purpose of determining KA or KB;

"former Federal Instructor" means a member of the Corps of Instructors who was appointed to the Regular Force on transfer from the service of the Defence Forces of the ormer Federation of Rhodesia and Nyasaland on or after the 1st October, 1963;

"former Federal officer" means an officer who was appointed to the Regular Force either as an officer or as a member of the Corps of Instructors on transfer from the service of the Defence Forces of the former Federation of Rhodesia and Nyasaland on or after the 1st October, 1963;

"the Government" means, in respect of any period before the 24th October, 1964, the Government of the former Protectorate of Northern Rhodesia, and in respect of any period on or after that date, the Government of the Republic of Zambia;

"Government medical officer" means a medical practitioner serving in the Defence Force or a medical practitioner serving in the public service of Zambia;

"gratuity" means a lump sum payment;

"medical board" means a board of not less than three medical practitioners, one of whom shall be a Government medical officer, appointed and constituted from time to time by the Senior Medical Officer in the Regular Force for the purpose of carrying out functions imposed under these Regulations on a medical board;

"medical certificate" means a certificate given by a medical authority specified in these Regulations regarding–

      (a)   the fitness or otherwise of a person to perform his work;

      (b)   the nature of the incapacity, if any, of a person;

      (c)   the period of leave, if any, which, in the opinion of the medical authority, is necessary and indispensable for the recovery of the health of a person;

"medical practitioner" means a person registered as a medical practitioner under the Medical and Allied Professions Act;

"officer" means a person holding commissioned rank.

"pension" means an annual pension payable during the lifetime of the recipient unless under these Regulations it is payable for a shorter period;

"Pension Authority" means the Commander.

pensionable age” means–

      (a)   in the case of a soldier, the fifty-fifth anniversary of the soldier’s date of birth; and

      (b)   in the case of an officer and a warrant officer, the fifty-fifty anniversary of the officer’s and warrant officer’s date of birth;

[Ins by reg 2 of SI 121 of 2011.]

"pensionable emoluments" means–

      (a)   in respect of service in the Regular Force–

      (i)   in the case of an officer or a member of the Corps of Instructors who was appointed to the Regular Force before the commencement of these Regulations–

            A.   pay; and

            B.   an amount calculated at the rate of one-sixth of such person's pay or K516 per annum, whichever is the less; and

            C.   personal allowance;

      (ii)   in the case of any other person–

            A.   pay; and

            B.   personal allowance; and

            C.   any amount in respect of ration allowance which the Government may have directed should be deemed to be a pensionable allowance;

      (b)   in respect of service with a Scheduled Government, emoluments which count for pension in accordance with the provisions of any law of that Scheduled Government dealing with such service:

Provided that a person shall be deemed to have received his full pensionable emoluments during any period when he is on leave with reduced pensionable emoluments or without pensionable emoluments;

"pensionable service" means pensionable service in accordance with the provisions of regulation 4;

"Permanent Secretary" means the permanent secretary for the Personnel Division at Cabinet Office;

"personal allowance" means a special addition to pay granted personally to a member of the Regular Force, but does not include such addition if it is granted subject to the condition that it shall not be pensionable;

"retired member of the Corps of Instructors" means a member of the Corps of Instructors who has retired and is in receipt of a pension awarded under these Regulations other than a pension awarded under Part V;

"retired officer" means an officer who has retired and is in receipt of a pension awarded under these Regulations other than a pension awarded under Part V;

"Scheduled Government" means–

      (a)   any Government or Administration included in the Schedule to the European Officers' Pensions Regulations; and

      (b)   any other Government or Administration the President may determine to be a Scheduled Government for the purposes of these Regulations:

Provided that–

      (i)   service in the public service of Zambia, and the Teaching Service shall be deemed to be service under a Scheduled Government for the purposes of these Regulations;

      (ii)   the President may determine that service in any public service, public corporation or public organisation or the like shall be deemed to be service under a Scheduled Government for the purposes of these Regulations;

"Secretary" means Secretary of the Board;

"Soldier" means a non-commissioned officer and includes a warrant officer;

"Teaching Service" means the Teaching Service described in the Teaching Service Regulations;

"total service" means the continuous period of a transferred person's pensionable service in the Regular Force and any service under any Scheduled Government which may be taken into account by such Scheduled Government for the purpose of calculating pension or gratuity:

Provided that service under the age of eighteen years shall not reckon as total service;

"transferred person" means a person transferred to or from the Regular Force from or to a Scheduled Government:

Provided that a person shall be deemed to have been transferred only if the President and the Scheduled Government concerned mutually agree to treat such person as having been transferred;

"Unified African Teaching Service" means the Unified African Teaching Service which was established in accordance with section 3 of the African Education Act;

"year" means a calendar year.

[As amended by S.I. Nos. 102 of 1988, 166 of 1992 and 62 of 1995]

3.   Pension contributions to be transferred to the Board

All pension contributions and other transferred payments made by members of the Defence Force to the general revenues of the Republic prior to the commencement of these Regulations shall be transferred to the Board and be administered in accordance with these Regulations.

[Am by SI 176 of 1993.]

3A. - 3H.   Revoked by S.I. No. 176 of 1993

4.   Pensionable service

   (1) Pensionable service means continuous service in the Regular Force on or after a person' eighteenth birthday and shall include–

      (a)   time spent on duty;

      (b)   time spent on leave; and

      (c)   time spent on attachment or secondment to any other military, naval or air force or to the service of a Scheduled Government.

   (2) Notwithstanding the provisions of sub-regulation (1), where any person who has had previous service in the Regular Force is later appointed to employment in the Regular Force within two years of the termination of his previous service, such previous service shall be reckoned as pensionable service if–

      (a)   he is not a person required to resume duty under the provisions of regulation 12; and

      (b)   he was not previously serving on a short service commission; and

      (c)   he did not receive a gratuity or pension under these Regulations, other than a pension under regulation 29; and

      (d)   being a person who has been paid any sum or sums in respect of his previous service or any portion thereof under the provisions of regulation 13 or sub-regulation (4) of regulation 14, he enters into a written undertaking within a period of three months of the date of his later appointment to employment in the Regular Force whereby he agrees to make payment to the Government of an amount equal to such sum or sums plus interest at the rate of 5 per centum per annum thereon, from the day following the date on which such sum or sums accrued to him until payment is made.

   (3) Pensionable service shall not include any period of service during which a person–

      (a)   is undergoing a sentence of imprisonment imposed under the Act by a court-martial or civil court; or

      (b)   is being treated as an in-patient at a hospital for an illness or injury which a Government medical officer certifies was occasioned by an offence in respect of which such person has been convicted under the Act; or

      (c)   is absent in circumstances constituting the offence of desertion or absence without leave; or

      (d)   serves on a short service engagement, unless such person–

      (i)   is appointed on a permanent regular engagement; and

      (ii)   elects not to receive any gratuity or other benefit which may be payable to him in respect of such short service engagement under any written law.

   (4) Where a person has entered into an undertaking to make payment of an amount in terms of paragraph (d) of sub-regulation (2) and such amount is not paid in full within one month after the date on which he entered into such undertaking, such amount shall be paid by such instalments and in such manner as the Chief Paymaster may determine.

5.   Officers and members of Corps of instructors to contribute to cost of tribute

   (1) An officer, soldier or a member of the Corps of Instructors shall pay the Board seven and half per centum of his personal emoluments during pensionable service.

   (2) The payment of contributions payable by a person under sub-regulation (1) shall ordinarily be effected by deducting such amounts from his pensionable emoluments.

   (3) All amounts paid to the Board under this regulation shall be paid into the general revenues of the Republic.

   (4) All benefits payable under Part IV of the Regulations shall be paid from the general revenues of the Republic.

[As amended by S.I. No. 102 of 1988, 166 of 1992 and 176 of 1993]

6.   Pension benefits not assignable, etc.

A pension benefit granted under these Regulations shall not be assignable or transferable except for the purpose of satisfying–

      (a)   a debt due to the Government;

      (b)   an order of any court for the periodical payment of sums of money towards the maintenance of the wife or former wife or child of the person to whom the pension benefit has been granted;

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

7.   Pension to cease on bankruptcy

If any person to whom a pension benefit involving periodical payments has been granted under these Regulations is adjudicated a bankrupt or is declared insolvent by a judgment of the Court, then such benefit shall forthwith cease:

Provided always that in a case where a pension benefit ceases by reason of bankruptcy or insolvency of the pensioner, the Pension Authority may from time to time during the remainder of such pensioner's life or during a shorter period or periods, either continued or discontinued, as it shall think fit, cause all or any part of the moneys to which such pensioner would have been entitled 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 all 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 Pension Authority thinks proper and such moneys shall be paid or applied accordingly.

[As amended by S.I. No. 102 of 1988, 166 of 1992 and 176 of 1993]

8.   Pension to cease on imprisonment

If any person to whom a pension benefit involving periodical payments has been granted under these Regulations is convicted of any offence and is required to undergo a period of imprisonment exceeding three months, the payment of his pension shall, if the Pension Authority so directs, be discontinued during the whole or part of the period of imprisonment:

Provided that the Pension Authority may authorise the payment of the whole or any portion of the pension in respect of the period during which it has been so discontinued to or for the benefit of such dependant or dependants of the pensioner as the Pension Authority may determine.

[As amended by S.I. No. 102 of 1988, 166 of 1992 and 176 of 1993]

9.   Forfeiture of pension

The Pension Authority may declare forfeit, suspend or reduce the pension of any person who has been awarded a pension benefit involving periodical payments under the provisions of these Regulations and who is found guilty by a court of–

      (a)   misappropriating public moneys or property of the Government; or

      (b)   making any false statement for the purpose of obtaining a pension knowing the statement to be false or not believing it to be true

[As amended by S.I. No. 102 of 1988; 1667 of 1993 and 176 of 1993]

10.   Payment of benefits to widows and children of a deceased person who was married under a system permitting of polygamy

   (1) Where a person who was married under a system permitting of polygamy dies and a pension or other benefit is payable under the provisions of regulation 30, 35, 36, 37 or 38, then that pension or other benefit shall be calculated as if there had been only one widow of that person and shall be divided equally into the same number of parts as the number of widows surviving at the date of the person's death.

   (2) Each surviving widow of the deceased person shall be paid one part of the pension or other benefit calculated in accordance with sub-regulation (1).

   (3) A pension payable to a widow under this regulation shall cease on the date on which she marries or dies, and the pension for the remaining widow, or widows, if any, shall not be increased.

   (4) Subject to the provisions of sub-regulation (5), when a person who was married under a system permitting of polygamy dies and a pension is payable under the provisions of regulation 30 or 38 in respect of the children, then that pension shall be calculated on the pension payable as if there had been one widow.

   (5) Paragraph (b) of sub-regulation (3) of regulation 30 and the proviso to sub-regulation (1) of regulation 38 shall only apply from the date on which the last widow's pension ceases in terms of sub-regulation (3).

11.   Medical examination or treatment

   (1) Any person who is in receipt of a pension or allowance under regulation 18 or 29 may be required by the Commander to submit to a medical examination or to undergo medical or surgical treatment–

      (a)   if he is receiving a pension under regulation 18, at any time within a period of two years from the date of his retirement;

      (b)   if he is a person to whom regulation 29 applies and is in receipt of a person or allowance under that regulation, at any time.

   (2) If any person referred to in sub-regulation (1) fails to submit himself to the examination or to undergo the treatment required by the Commander his right to a pension or allowance under regulation 18 or 29, as the case may be, shall, if the Pension Authority concurs, cease as from the date on which he fails to do so:

Provided that–

      (i)   if at any time thereafter he submits himself to the examination or to undergo the treatment required by the Commander, the pension or allowance shall be revived–

      (a)   in the case of a pension payable under regulation 18, where a person is not certified as being fit to resume duty or is not required to resume duty, with effect from the date on which it ceased to be payable;

      (b)   in the case of a pension or allowance payable under regulation 29, with effect from the date on which the person submits himself to that examination or undergoes that treatment;

      (ii)   in any event, the pension shall be restored with effect from the person's pensionable age.

[As amended by S.I. No. 102 of 1988; 166 of 1992 and 176 of 1993]

12.   Resumption of duty by persons retired on the grounds of ill health

   (1) If any person who is receiving a pension under regulation 18 is, within two years of the date of his retirement and before his pensionable age, certified by a medical board to be fit to resume duty in the Regular Force, he may, subject to the provisions of sub-regulation (2), be required by the Pension Authority to resume duty in that Force. If the person refuses to resume duty without reasonable cause, his right to a pension under regulation 18 shall cease with effect from the date on which he is required to resume duty:

Provided that in any event the pension shall be restored with effect from the person's pensionable age.

   (2) The following provisions shall apply in relation to any person required to resume duty under sub-regulation (1):

      (a)   the pensionable emoluments attaching to the rank to which he is appointed shall not, without his consent, be less than the pensionable emoluments received by him immediately before the date of his retirement;

      (b)   he shall not, without his consent, be appointed to a rank lower than the rank held by him before the date of his retirement;

      (c)   the pension which he was receiving under regulation 18 shall cease with effect from the date of his resumption of duty;

      (d)   his pensionable service shall not be deemed to have been interrupted by the period during which he was receiving pension under regulation 18, but that period shall not form part of his pensionable service.

[As amended by S.I. No. 102 of 1988; 166 of 1992 and 176 of 1993]

PART II
BENEFITS ON RESIGNATION, DISCHARGE OR DISMISSAL

13.   Benefits on resignation or discharge

A person, other than a former Federal Instructor, who is required to contribute under the provisions of regulation 5 and who resigns or is discharged in circumstances under which no pension or gratuity is payable to him under these Regulations, other than a pension under the provisions of regulation 29, shall be entitled to receive–

      (a)   if his pensionable service or total service, as the case may be, amounts to less than two years, to a refund of the amounts paid by him under regulation 5.

      (b)   if his pensionable service or total service, as the case may be, amounts to twenty years or more but less than twenty-five years, a gratuity calculated as follows:

KX x 2;

      (c)   if his pensionable service or total service, as the case may be, amounts to twenty-five years or more, a gratuity calculated as follows:

2 x KX + (2 x KX x Y)

50;

Where KX = the total amount paid by the person under regulation 5;

Y = the number of completed years during which the person has been required to contribute under the provisions of regulation 5.

[As amended by S.I. No. 166 of 1992 and 176 of 1993]

13A.   Pension entitlement for personnel who die of natural causes

Any person serving in the Defence Force who is required to contribute under regulation 5 and who dies from any natural cause not entitling him to any pension or gratuity under these Regulations, other than under the provisions of regulation 29, shall be entitled, if his pensionable service or total service, as the case may be, amounts to two years or more but less than twenty years, to a gratuity calculated as follows:

KX + KX x 19 x B

400

Where KX = the total amount paid to the person under regulation 5; and

B = the number of completed years during which the person has been required to contribute under regulation 5.

[As amended by S.I. No. 102 of 1988, 166 of 1992 and 176 of 1993]

14.   Benefits on dismissal

   (1) Subject to the provisions of sub-regulations (2) and (3), a person who is dismissed from the Regular Force shall forfeit all right to the award of a pension or gratuity.

   (2) Notwithstanding the provisions of sub-regulation (1), a former Federal officer or former Federal Instructor who is discharged or dismissed from the Regular Force in circumstances in which no pension is otherwise payable to him under these Regulations, other than a pension awarded under regulation 29, shall be entitled, as from the day following the date of his discharge or dismissal, to receive a pension equal to the pension, but exclusive of any additional abolition of office pension for which he would have been entitled under the provisions of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, had he retired from the Defence Forces of the former Federation of Rhodesia and Nyasaland on the date of his transfer to the Regular Force.

   (3) The President may award to a person who is dismissed and who is not entitled to a pension under sub-regulation (2)–

      (a)   if that person's pensionable service or total service, as the case may be, amounts to less than ten years, such gratuity as the President may determine;

      (b)   if that person's pensionable service or total service, as the case may be, amounts to ten years or more, such pension or gratuity as the President may determine.

   (4) A person who is dismissed and who is not awarded a pension or gratuity under sub-regulation (2) or (3) shall be refunded any payments he may have made under the provisions of regulation 5.

PART III
RETIREMENT BENEFITS

15.   Interpretation of Part III

For the purposes of this Part–

KA = average pensionable emoluments;

KB = the annual rate of the pensionable emoluments taken by the Scheduled Government concerned for the purpose of calculating a person's pension or gratuity;

C = emoluments factor.

d = completed months of pensionable service;

e = completed months of total service;

[As amended by S.I. No. 176 of 1993]

16.   Benefits for a Commander who retires under provisions of Defence Force (Regular Force) (Officers) Regulations

Subject to the provisions of Parts I and V, a Commander who is required to retire under the provisions of regulation 9 of the Defence (Regular Force) (Officers) Regulations, 1960, shall be entitled as from the date of his retirement–

      (a)   if he was appointed to the Regular Force on transfer from the service of a Scheduled Government, to receive a pension calculated as follows:


KA x e


x C ;


the age at which the officer or soldier retires expressed in complete months

      (b)   if he was not appointed to the Regular Force on transfer from the service of a Scheduled Government, to receive a pension calculated as follows:


KA x d



the age at which the officer or soldier retires expressed in complete months

[As amended by S.I. No. 102 of 1988]

17.   Benefits for other persons required to retire on grounds of age or length of service

Subject to the provisions of Parts I and IV, a person who is required to retire from the Regular Force shall–

      (a)   in the case of a Commander to whom neither regulation 16 nor 18 applies; or

      (b)   in the case of an officer other than a Commander to whom regulation 9 of the Defence (Regular Force) (Officers) Regulations, 1960, applies; or

      (c)   in the case of a soldier to whom regulation 8 or item (xviii) of the Third Schedule to the Defence Force (Regular Force) (Enlistment and Service) Regulations applies;

be entitled, as from the date of his retirement-

      (i)   if he was appointed to the Regular Force on transfer from the service of a Scheduled Government and his total service amounts to less than ten years, to receive a gratuity calculated as follows:

   


KA x e x 5


x C ;


the age at which the officer or soldier retires expressed in complete months

      (ii)   if he was appointed to the Regular Force on transfer from the service of a Scheduled Government and his total service amounts to ten years or more, to receive a pension calculated as follows:

   


KA x e


x C ;


the age at which the officer or soldier retires expressed in complete months

      (iii)   if he was not appointed to the Regular Force on transfer from the service of a Scheduled Government and his pensionable service amounts to less than ten years, to receive a gratuity calculated as follows:

   


KA x d x 5



the age at which the officer or soldier retires expressed in complete months

      (iv)   if he was not appointed to the Regular Force on transfer from the service of a Scheduled Government and his pensionable service amounts to ten years or more, to receive a pension calculated as follows:

   


KA x d



the age at which the officer or soldier retires expressed in complete months

[As amended by S.I. No. 102 of 1988]

18.   Benefits for persons required to retire on grounds of ill health

Subject to the provisions of Parts I and IV, a person who is required to retire from the Regular Force because he is medically unfit shall be entitled, as from the date of his retirement-

      (a)   if his medical grading is, in the opinion of the Pension Authority, due to an infirmity contracted or occasioned by his default but not contracted or occasioned deliberately with the intention of escaping a duty or of qualifying for a benefit under these Regulations, and-

      (i)   he was appointed to the Regular Force on transfer from the service of a Scheduled Government-

A if his total service amounts to less than ten years, to receive a gratuity calculated as follows:

   


KA x e


x 5 x C;


the age at which the officer or soldier retires expressed in complete months

or

B. if his total service amounts to ten years or more, to receive a pension calculated as follows:

   


KA x e


x C; or


the age at which the officer or soldier retires expressed in complete months

      (ii)   he was not appointed to the Regular Force on transfer from the service of a Scheduled Government-

A. if his pensionable service amounts to less than ten years, to receive a gratuity calculated as follows:

   


KA x d


x 5; or


the age at which the officer or soldier retires expressed in complete months

B. if his pensionable service amounts to ten years or more, to receive a pension calculated as follows:

   


KA x d


x 5; or


the age at which the officer or soldier retires expressed in complete months

      (b)   if his medical grading is, in the opinion of the Pension Authority, due to an infirmity contracted or occasioned without his default, and-

      (i)   he was appointed to the Regular Force on transfer from the service of a Scheduled Government-

A. if his total service amounts to less than ten years, to receive a gratuity calculated as follows:

   


KA x d


x 5 x C; or


the age at which the officer or soldier retires expressed in complete months

B.      if his total service amounts to ten years or more, to receive a pension calculated as follows:

{KA x e} x C

+

( KA x f x 7)
the age at which the officer or soldier retires expressed in complete monthsthe age at which the officer or soldier retires expressed in complete months

      (ii)   he was not appointed to the Regular Force on transfer from the service of a Scheduled Government–

A. if his pensionable service amounts to less than ten years, to receive a gratuity calculated as follows:

   


KA x d


x 5; or


the age at which the officer or soldier retires expressed in complete months

B. if his pensionable service amounts to ten years or more, to receive a pension calculated as follows:

   


KA x d


x 5; or


the age at which the officer or soldier retires expressed in complete months

+KA x f x 7/6000:

Provided that an officer who is required to retire from the Regular Force because he is medically unfit and who is entitled to receive only a gratuity under the provisions of this regulation shall, in addition, be refunded any payments made by him under regulation 5.

[As amended by S.I. No. 102 of 1988; 166 of 1992 and 176 of 1993]

19.   Benefits for persons who retire voluntarily

Subject to the provisions of Parts I and IV, a person to whom this Part applies and who elects to retire from the Regular Force at any time after completing ten or more years' pensionable service or total service, as the case may be, shall be entitled, as from the date of his retirement-

      (a)   if he was appointed to the Regular Force on transfer from the service of a Scheduled Government and–

      (i)   if his total service amounts to less than twenty years, to receive a gratuity calculated as follows:

   


KA x e


x 5 x C; or


the age at which the officer or soldier retires expressed in complete months

      (ii)   if his total service amounts to twenty years or more, to receive a pension calculated as follows:

   


KA x e


x C; or


the age at which the officer or soldier retires expressed in complete months

      (b)   if he was not appointed to the Regular Force on transfer from the service of a Scheduled Government, and–

      (i)   if his pensionable service amounts to less than twenty years, to receive a gratuity calculated as follows:

   


KA x d


x 5; or


the age at which the officer or soldier retires expressed in complete months

      (ii)   if his pensionable service amounts to twenty years or more, to receive a pension calculated as follows:

   


KA x d



the age at which the officer or soldier retires expressed in complete months

[As amended by S.I. No. 102 of 1988]

20. Benefits for persons transferred from Regular Force who retire from the service of a Scheduled Government

   (1) A person who is transferred from the Regular Force to the service of a Scheduled Government and who is required either by that Scheduled Government or by any other Scheduled Government to which he may have been subsequently transferred to retire–

      (a)   on the abolition of his post; or

      (b)   to facilitate improvement in the organisation of the service to which he belongs by which greater economy or efficiency can be effected;

in circumstances in which he qualifies for the award of a pension under any pensions legislation of the Scheduled Government, shall be entitled as from the date of his retirement to receive a pension calculated as follows:

   


KA x e


x C; or


the age at which the officer or soldier retires expressed in complete months

   (2) A person who is transferred from the Regular Force to the service of a Scheduled Government and who is required or permitted, either by that Scheduled Government or any other Scheduled Government to which he may have been subsequently transferred, to retire in circumstances in which he qualifies for the award of a pension or gratuity under any pensions legislation of the Scheduled Government, but to whom sub-regulation (1) does not apply, shall be entitled as from the date of his retirement–

      (a)   if his total service amounts to less than ten years, to receive a gratuity calculated as follows:

   


KA x e


x 5 x C;


the age at which the officer or soldier retires expressed in complete months

      (b)   if his total service amounts to ten years or more, to receive a pension calculated as follows:

   


KA x e


x C.


the age at which the officer or soldier retires expressed in complete months

[As amended by S.I. No. 102 of 1988]

PART IV
SPECIAL PROVISIONS APPLICABLE ONLY TO NON-ZAMBIANS

SERVING IN THE REGULAR FORCE ON PENSIONABLE TERMS

21.   Application of Part IV

This Part shall apply only to persons serving on pensionable terms in the Regular Force who are citizens of a country other than Zambia notwithstanding that they may also be citizens of the Republic.

22.   Retirement to facilitate Zambianisation

   (1) The Commander may, with the approval of the President, by notice in writing require a person to whom this Part applies to retire to facilitate the appointment of a person who is a Zambian citizen and who is not a citizen of any other country to the Regular Force or to facilitate the promotion of a person who is a Zambian citizen and who is not a citizen of any other country to the rank held by the person to whom this Part applies.

   (2) Any notice given under sub-regulation (1) requiring a person to retire shall–

      (a)   in the case of a person who is on leave when he is given notice, specify the date on which he shall so retire, which shall, if the period of leave for which he is eligible on the date upon which he is given notice–

      (i)   is not less than six months, be the date upon which such leave expires; or

      (ii)   is less than six months, be a date six months after the date upon which he is given notice and his leave shall be extended accordingly on full pensionable emoluments;

      (b)   in the case of any other person, specify the period which shall not be less than six months from the date upon which he is given notice, at the expiration of which period he shall proceed upon leave pending retirement:

Provided that, with the consent of the person concerned, the notice may specify a shorter period than six months.

   (3) In the case of a person to whom paragraph (b) of sub-regulation (2) applies, he shall, if the period of leave on full pensionable emoluments for which he is eligible at the expiry of the period of notice is less than six months, be granted such additional leave on full pensionable emoluments as will bring the aggregate period of such leave up to six months.

   (4) A person to whom this regulation applies shall be granted the travel benefits and baggage facilities to which a person of his rank would be eligible when proceeding on leave pending retirement.

   (5) A person to whom this regulation applies and who is on leave when he is given notice, shall, if he returns to his station to settle his affairs, be granted the travel facilities to and from his station for himself only for which he would have been eligible had he been proceeding on privilege leave, and be eligible for subsistence allowance at the rates then current for the period (not exceeding ten days) of his stay at his station.

   (6) Any person to whom this Part applies shall not be compulsorily retired from the Regular Force for the purpose of facilitating the appointment or promotion of a Zambian citizen except in accordance with the provisions of this regulation.

23.   Retirement following supersession for promotion

   (1) In the event of a person who is a citizen of Zambia and who is not a citizen of any other country being promoted in preference to a person to whom this Part applies and who would otherwise have been promoted on the grounds of seniority and merit, the person so superseded shall be informed by notice in writing by the Commander that he has been superseded for promotion in the interests of Zambianisation, and that he may retire in accordance with the provisions of this regulation.

   (2) Subject to the provisions of sub-regulations (3), (4) and (5), any person given notice under the provisions of sub-regulation (1) that he has been superseded for promotion in the interests of Zambianisation may, if he so wishes and has not subsequently been promoted, elect to retire at any time.

   (3) Any person not on leave when given notice under the provisions of sub-regulation (1) and who, not having been absent on leave since being given such notice, within six months of being given such notice elects to retire in accordance with sub-regulation (2) shall-

      (a)   be permitted to proceed on leave pending retirement on any date within six months of the date upon which he was given such notice; and

      (b)   if his leave (including any deferred leave) for which he is eligible on the date on which he proceeds on leave pending retirement is less than six months, be granted additional leave to bring his period of leave up to a total of six months; and

      (c)   be granted the travel benefits and baggage facilities to which a person of his rank would be eligible when proceeding on leave pending retirement.

   (4) Any person who is on leave when given notice under the provisions of sub-regulation (1) and who elects forthwith to retire, shall-

      (a)   if the period of leave (including any deferred leave) for which he is eligible on the date on which he is given such notice is less than six months, be granted additional leave to bring his period of leave up to six months; and

      (b)   if he returns to his station to settle his affairs, be granted the travel facilities to and from his station for himself only for which he would have been eligible had he been proceeding on privilege leave, and subsistence allowance at the rates then current for the period (not exceeding ten days) of his stay at his station.

   (5) Any person who is given notice under sub-regulation (1) and who, not being on leave when given such notice, does not proceed on leave pending retirement under the provisions of sub-regulation (3) or, if he is on leave when given such notice, does not elect to retire forthwith under the provisions of sub-regulation (4) may, until and unless he is subsequently promoted, elect to retire by giving notice in accordance with the provisions of regulation 25.

24.   Additional benefits for persons required to retire

Any person to whom this Part applies and who is required to retire shall, in lieu of any other benefit provided by these Regulations other than a benefit provided under Part V, be granted, as from the date of his retirement, a pension calculated as follows:

      (a)   in the case of a person who was appointed to the Regular Force on transfer from the service of a Schedule Government–


{KA x B


x C.}+ KY;


the age at which the officer or soldier retires expressed in complete months

      (b)    in any other case–

   


{KA x B


x C.}+ KY;


the age at which the officer or soldier retires expressed in complete months

Where KA = the annual rate of the person's pensionable emoluments on his last day of pensionable service or total service, as the case may be;

B = number of completed months of total service or pensionable service, as the case may be;

C = the age at which the officer or soldier retires expressed in complete months;

KY = KA x B/1800:

Provided that–

      (i)   the pension so calculated shall not exceed seven-tenths of the annual rate of the highest pensionable emoluments received by the person at any time in the course of his pensionable service or total service, as the case may be;

      (ii)   the pension shall not exceed the pension for which the person would have been entitled if he had continued until the age of fifty-five years to hold the rank held by him at the date of his retirement, having received all scale increments for which he would have been eligible by that date and, in the case of a transferred person, if all his total service had been pensionable service;

      (iii)   a person who is required to retire because he is medically unfit shall be given the opportunity to elect to receive a pension calculated in accordance with regulation 18 in lieu of a pension calculated under this regulation;

      (iv)   a former Federal Officer or a former Federal Instructor may elect that his pension under this regulation shall be calculated without the addition of KY and that instead he shall receive a gratuity equal to half the compensation for which he would be entitled if he were an "entitled officer" for the purposes of the Zambia (Compensation and Retiring Benefits) Order, 1964.

[As amended by S.I. No. 102 of 1988]

25.   Right to retire voluntarily

Any person to whom this Part applies may retire voluntarily at any time if-

      (a)   having been on duty for not less than three months since last returning from leave, he gives six months' notice in writing of his intention to retire to the Commander; or

      (b)   having been granted leave for a period of not less than four months, he gives notice of his intention to retire to the Commander in writing not less than two months before such leave commences:

Provided that the Commander may at his discretion accept shorter notice if he thinks fit.

26.   Benefits on voluntary retirement

   (1) Any person who retires voluntarily under the provisions of regulation 25 and who has completed less than twenty-four months' service (excluding leave) in the Regular Force after the 9th January,

1964, shall be entitled, as from the date of his retirement, to receive a pension calculated as follows:

      (a)   in the case of a person who was appointed to the Regular Force on transfer from the service of a Scheduled Government–

   


KA x B


x C;


the age at which the officer or soldier retires expressed in complete months

      (b)   in any other case–

   


KA x D


x C;


the age at which the officer or soldier retires expressed in complete months

Where KA = the annual rate of the person's pensionable emoluments on his last day of pensionable service or total service, as the case may be;

B = completed months of total service;

C = the age at which an officer or soldier retires expressed in completed months.

D = completed months of pensionable service.

   (2) A former Federal Officer or a former Federal Instructor shall, in addition to the pension payable under sub-regulation (1), be entitled to receive a further pension calculated as follows:

      (a)   if he has completed twelve months or more, but less than eighteen months' service in the Regular Force after the 9th January,

1964–

KX/3

      (b)   if he has completed eighteen months but less than twenty-four months' service in the Regular Force after the 9th January, 1964-

KX x 2/3;

      (c)   if he has completed twenty-four months' service in the Regular Force after the 9th January, 1964, but is not eligible for a pension under the provisions of sub-regulation (3)-

KX:

Where KX = the additional abolition of office pension, if any, to which the person would have been entitled under the provisions of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, had he retired from the service of the Government of the former Federation of Rhodesia and Nyasaland on the date of his transfer to the Regular Force.

   (3) Any person who retires voluntarily under the provisions of regulation 25 and who has completed two years' service (excluding

leave) in the Regular Force after the 9th January, 1964, shall be entitled to receive as from the date of his retirement a pension calculated as follows:

      (a)   in the case of a person who has appointed to the Regular Force on transfer from the service of a Scheduled Government-

{ KA x B

the age at which the officer or soldier retires expressed in complete months

x C}+ KD;

      (b)   in any other case–

   


KA x B


KD;


the age at which the officer or soldier retires expressed in complete months

Where KA = the annual rate of the person's pensionable emoluments on his last day of total service or pensionable service, as the case may be;

B = the number of the person's completed months of total service or pensionable service, as the case may be;

C = the age at which an officer or a soldier retires expressed in complete months;

D = KA x B./1800

   (4) No pension payable under this regulation shall exceed seven-tenths of the annual rate of the highest pensionable emoluments received by that person during his pensionable service or total service, as the case may be, and further, shall not exceed the pension which the person would have been entitled to receive if he had continued until the age of fifty-five years to hold the rank held by him at the date of his retirement,

having received all scale increments for which he would have been eligible by that date and, in the case of a transferred person, if all his total service had been pensionable service.

   (5) A person who retires voluntarily under the provisions of regulation

25 shall be granted the travel and baggage facilities for which he would be eligible if proceeding on leave pending retirement.

[As amended by S.I. No. 102 of 1988]

PART V
BENEFITS IN RESPECT OF INJURY OR DEATH IN THE COURSE OF DUTY

27.   Application of Part V

This Part applies to all persons serving in the Regular Force.

28.   Interpretation of Part V

In this Part, unless the context otherwise requires–

"emoluments" means–

      (a)   in the case of a person to whom regulation 29 applies, either–

      (i)   the annual rate of his pensionable emoluments or the annual rate of his emoluments which would be accepted as pensionable emoluments if he were serving on pensionable terms before the date on which a temporary allowance or pension first became payable to him, but for the provisions of sub-regulation (10) of regulation 29; or

      (ii)   in the case where an injury does not manifest itself until after that person has ceased to serve in the Regular Force, the annual rate of his pensionable emoluments, or the annual rate of his emoluments which would be accepted as pensionable emoluments if he had been serving on pensionable terms at the date he received the injury or, if the date of the injury is not established to the satisfaction of the Pension Authority, the annual rate of his said emoluments at a date determined by the Pension Authority;

      (b)   in the case of a person to whom regulation 30 applies–

      (i)   if that person has been awarded a pension, or a gratuity in lieu of a pension, under regulation 29 in respect of the injury which was the cause of the death, his emoluments as defined in paragraph (a);

      (ii)   if that person has not been awarded a pension, or a gratuity in lieu of a pension, under regulation 29 in respect of the injury which was the cause of his death, the annual rate of his pensionable emoluments which would be accepted as pensionable if he had been serving on pensionable terms at the date he received the injury or, if the date of the injury is not established to the satisfaction of the Pension Authority, the annual rate of his said emoluments at a date fixed by the Pension Authority;

"injury" means–

      (a)   ill health, physical or mental unfitness, physical or mental incapacity or personal injury which, in the opinion of the Pension Authority, is caused by or due to the discharge of the person's duties; or

      (b)   the aggravation to a material extent of ill health, physical or mental unfitness, physical or mental incapacity, or personal injury, which aggravation, in the opinion of the Pension Authority, is caused by or due to the person's duties without any misconduct or serious negligence on the person's part:

Provided that for the purposes of this definition a person who is participating in any regimental sport, recreational training, display or competition authorised by his commanding officer shall be deemed to be discharging his duties while so participating;

"material extent", in relation to an injury which has been aggravated by the discharge of the person' duties, means-

      (a)   where the degree of disablement which would have been applicable had the whole of the condition of the person been caused by the discharge of his duties (hereinafter in this paragraph called his full degree of disablement) is less than 20 per centum, a degree of disablement of 5 per centum or more, which is not less than one-half of his full degree of disablement;

      (b)   in cases not falling under paragraph (a), a degree of disablement of at least 10 per centum.

[As amended by S.I. No. 102 of 1988, 166 of 1992 and 176 of 1993]

29.   Injury benefits

   (1) This regulation applies to any person who sustains an injury.

   (2) The Commander may grant to any person to whom this regulation applies, sick leave, with full pay–

      (a)   for a period of, or for periods not exceeding in the aggregate ninety days on production of a medical certificate given by the medical practitioner or dentist, as the case may be, of the person to whom this regulation applies or, if the Commander desires the production of a medical certificate given by a medical practitioner or dentist, as the case may be, nominated by him, the production of that certificate;

      (b)   in addition to sick leave granted under paragraph (a), for a further period of, or for further periods not exceeding in the aggregate ninety days on production of a medical certificate given by a Government medical officer or, if the Commander desires the production of a certificate given by a medical board, on production of that certificate;

      (c)   in addition to any sick leave granted under paragraphs (a) and (b), for such further periods, being not more than one hundred and eighty days each, as may be recommended by a medical board:

Provided that–

      (i)   no one continuous period of sick leave granted under this sub-regulation shall exceed five hundred and forty days;

      (ii)   the Commander shall not grant any further period of sick leave under this sub-regulation if the Pension Authority is satisfied, after considering the report of a medical board, that the person to whom this regulation applies will be permanently unfit for further service in the Regular Force and deems his degree of disablement to have reached a final and stationary condition.

   (3) The degree of disablement of a person to whom this regulation applies shall be–

      (a)   in respect of disabilities mentioned in the First Schedule, the percentage indicated in that Schedule;

      (b)   in respect of any disability not mentioned in the First Schedule, such percentage as may be assessed by a medical board on the percentage of disability.

   (4) In making a report under paragraph (b) of sub-regulation (3), a medical board shall make a comparison of the condition of the person to whom this regulation applies with the condition of a normal healthy person of the same age and sex without taking into account the earning capacity, in his disabled condition, of the person to whom this regulation applies in his own or any other trade or occupation.

   (5) In the case where a person to whom this regulation applies has two or more disabilities which are the result of one or more injuries, the degree of disablement shall be determined in relation to the combined disabilities, but shall in no case exceed 100 per centum.

   (6) Notwithstanding the provisions of this regulation, if the Pension Authority deems the degree of disablement of a person to whom this regulation applies to be inadequate by reason of the particular consequences of the disablement in relation to the special nature of that person's occupation, it may assess the degree of disablement at such percentage, being not more than 100 per centum, as it may deem equitable in the circumstances:

Provided that, if there is any material improvement in the earning capacity of a person to whom this regulation applies, the Pension Authority may reduce or vary any assessment made under this sub-regulation to a percentage not lower than that fixed by or under the provisions of sub-regulation (3), (5) or (12).

   (7) Subject to the provisions of sub-regulation (11), a person to whom this regulation applies shall, in addition to any other benefit payable under these Regulations, be entitled–

      (a)   until such time as his degree of disablement is deemed by the Pension Authority to have reached a final and stationary condition, to a temporary allowance calculated under sub-regulation (8) according to his degree of disablement as assessed from time to time;

      (b)   when his degree of disablement has been deemed by the Pension Authority to have reached a final and stationary condition, to a pension calculated under sub-regulation (8), or to a sum calculated under sub-regulation (10), as the case may be.

   (8) The annual rate of a temporary allowance or pension payable to a person to whom this regulation applies, shall be calculated–

      (a)   in the case of a person whose degree of disablement is 100 per centum, as the amount equal to the aggregate of two-thirds of his emoluments up to and including K1,300, and one-third of his emoluments from K1,301 to K3,040, both inclusive;

      (b)   in the case of a person whose degree of disablement is less than 100 per centum, as an amount equal to one-hundredth of the allowance or pension calculated as in paragraph (a), multiplied by the degree of disablement:

Provided that in the case of a person appointed to the Regular Force before the * 29th April, 1966.')">*commencement of these Regulations who-

      (i)   is required to retire because he is medically unfit; and

      (ii)   is entitled on his retirement to receive a pension under the provisions of regulation 18;

the pension shall, if it is to the person's advantage, be calculated in accordance with the following provisions:

      A. where the degree of disablement is 100 per centum, he shall be awarded a pension equal to 50 per centum of the annual rate of his pensionable emoluments on his last day of pensionable service or total service, as the case may be;

      B. where the degree of such disablement is less than 100 per centum, he shall be awarded a pension bearing the same proportion to the pension calculated in accordance with paragraph A as the degree of disablement bears to 100 per centum.

      C. if the aggregate of the pension calculated in accordance with paragraph A or B, as the case may be, and the pension to which the person is entitled under the provisions of regulation 18 and any pension or pensions payable to him in respect of service under a Scheduled Government or Scheduled Governments exceeds the annual rate of his pensionable emoluments on his last day of pensionable service or total service, as the case may be, the pension calculated under this proviso shall be reduced by an amount equal to such excess. For the purposes of this paragraph, "pension" means the value of a pension without regard to any commutation for which the person concerned may have elected;

      D. notwithstanding the provisions of sub-regulation (9), no allowance in respect of children shall be paid to a person who received a pension calculated in accordance with paragraph C.

   (9) In addition to any temporary allowance or pension payable under sub-regulation (7) to a person to whom this regulation applies, there shall be paid in respect of that person's children, an allowance–

      (a)   if the degree of disablement is 100 per centum, at the rate of one forty-eighth of his emoluments or K60 per annum, whichever is the less, for the first child, and one-sixtieth of his emoluments or K48 per annum, whichever is the less, for each additional child;

      (b)   if the degree of disablement is less than 100 per centum, at rates in the same proportion to the rates referred to in paragraph (a) as the degree of disablement bears to 100 per centum:

Provided that any allowance payable under this sub-regulation shall cease from the date on which a pension becomes payable in respect of any of the children under the provisions of regulation 29.

   (10) Notwithstanding the provisions of this regulation, the Permanent Secretary, Ministry of Finance, shall, unless the Pension Authority concurs otherwise, at the request of the person to whom this regulation applies, pay to that person, in lieu of any pension calculated under sub-regulation (8), a gratuity equal to the capitalised value thereof, calculated in terms of the Second Schedule.

   (11) Temporary allowances and pensions under this regulation shall accrue–

      (a)   in the case of a temporary allowance, from such date as may be determined by the Commander;

      (b)   in the case of a pension, from such date as may be determined by the Pension Authority as the date on which it may be deemed that the degree of disablement has reached a final and stationary condition.

   (12) In any case where the degree of disablement of a person to whom this regulation applies has been deemed by the Pension Authority to have reached a final and stationary condition, the Pension Authority may at any time vary the degree of disablement if it is satisfied, after considering the report of a medical board, that there has been a variation of 5 per centum or more of the total disablement in respect of such person, and any pension payable to the injured person, or any allowance payable in respect of his child under this regulation, shall thereupon be calculated accordingly.

[As amended by S.I. No. 102 of 1988, 166 of 1992 and 176 of 199]

30.   Death benefits

   (1) This regulation shall apply to persons to whom this Part applies who sustain an injury which results in their death.

   (2) Subject to the provisions of this Part and of Part I, the spouse and children, if any, of a person to whom this regulation applies, hereinafter in this regulation referred to as the deceased person, shall, in addition to any other benefit payable under these Regulations, be entitled–

      (a)   in the case of a spouse, to a pension equal to 66 2/3 per centum of the pension which would have been payable to the deceased person under paragraph (a) of sub-regulation (8) of regulation 29 had he sustained a 100 per centum degree of disability;

      (b)   in the case of the children, to a pension at the rate of one twenty-fourth of the emoluments of the deceased person or K120 per annum, whichever is the less, for the first child, and one-fortieth of the said emoluments or K72 per annum whichever is the less, for each additional child:

Provided that if the deceased person leaves children of a marriage or marriages previous to his marriage to his widow and the children live in households other than that in which the widow resides with her children by the deceased person, the children in those other households shall, if the Commander so determines, be entitled to pensions at the rate which would have been appropriate if they were the only children of the deceased person.

   (3) Notwithstanding the provisions of sub-regulation (2), the children of the deceased person shall, subject to the provisions of regulation 10, be entitled to pensions at the rate of one-fifteenth of the deceased person's emoluments or K192 per annum, whichever is the less, each–

      (a)   if the deceased person leaves no spouse; or

      (b)   with effect from the date the pension to the widow of the deceased person ceases as a result of her marriage or death.

   (4) If the deceased person leaves no spouse or child but there are other dependants, there shall be paid to those dependants in such proportions as the Commander may determine, a gratuity equal to–

      (a)   three times the deceased person's emoluments; or

      (b)   three times the rate of pension which would be payable under paragraph (a) of sub-regulation (8) of regulation 29 to a person to whom that regulation applies whose earnings are K2,880 per annum;

whichever is the less:

Provided that any amount payable in terms of this sub-regulation shall be reduced by the aggregate of any payments made to or on behalf of the deceased person under sub-regulation (7), (9), (10) or (12) of regulation 29.

   (5) The estate of–

      (a)   an officer, soldier, or member of the Corp of Instructors who dies while in service shall be entitled to K250,000.00; and

      (b)   an officer or soldier who dies during the course of his official duty will be entitled to a death on duty compensation of K500,000.00 or three times his annual salary whichever is greater.

   (6) The entitlements under sub-regulation (5) shall be paid in accordance with the Interstate Succession Act;

[As amended by S.I. No. 102 of 1988, 166 of 1992 and 176 of 1993]

30A.   Special death gratuity

   (1) Subject to regulation 30, a gratuity shall be payable in respect of an officer or a soldier who dies and whose death, in the opinion of the Commander, was not caused by any wrongful act or omission on the part of such officer or soldier in discharging his official duties.

   (2) A gratuity payable under this regulation shall be equal to the officer's or soldier's annual pensionable emoluments at the date of his death or K45,000 whichever is the greater and shall be paid as follows:

      (a)   where there remains a spouse but no children, to the spouse;

      (b)   where there remains any children of the deceased, whether or not there is also remaining a spouse, to such persons and in such proportions as the Commander shall determine;

      (c)   where there is no spouse or child remaining, to the estate of the deceased.

[As amended by S.I. No. 102 of 1988]

31.   Conditions applicable to pensions and allowances payable in terms of regulation 29 or 30

The following conditions shall apply to a pension payable to the spouse, and to allowances or pensions payable in respect of the children under regulation 29 or 30, as the case may be:

      (a)   the pension shall be payable from the day following the death of the person to whom regulation 30 applies;

      (b)   the pension to the spouse shall cease from the date on which the spouse remarries;

      (c)   any allowance payable in respect of a child under sub-regulation (9) of regulation 29, or a pension payable under regulation 30, as the case may be, shall be paid to such person or persons as shall from time to time be determined by the Commander;

      (d)   if a child dies or ceases to be a child within the definition of a child in regulation 2, the allowance payable under sub-regulation (9) of regulation 29 or the pension payable under regulation 30, as the case may be, shall cease or, if there are other children, shall be adjusted accordingly;

      (e)   if a person to whom regulation 30 applies leaves a spouse who does not maintain or deserts or abandons a child of herself and that person, the Commander may direct that such portion of the widow's pension as he thinks fit shall be paid to such person as he may direct and be applied by such person for the benefit of such child.

[As amended by S.I. No. 102 of 1988, 166 of 1992 and 176 of 1993]

32.   Reimbursement of medical and other expenses

   (1) In any case where a person to whom regulation 29 applies incurs unavoidable expense of a nature other than that referred to in

sub-regulation (2) or (3), which the Commander is satisfied is directly attributable to his undergoing medical examination or treatment in respect of his injury, the Commander shall, unless the Pension Authority directs otherwise–

      (a)   in a case where the injured person is in receipt of a temporary allowance or pension under regulation 29, authorise the increase of the allowance or pension, together with the allowances in respect of children, if any, payable under sub-regulation (9) of that regulation, to an amount not exceeding that which would have been payable had the degree of disablement of the injured person been 100 per centum, for the period that the injured person undergoes medical examination or treatment and while travelling in connection therewith;

      (b)   in a case where the injured person is not in receipt of a temporary allowance or pension under regulation 29, award a temporary allowance together with the allowances in respect of the children, if any, payable under sub-regulation (9) of that regulation, not exceeding that which would have been payable had the degree of disablement been 100 per centum during the period of the medical examination or treatment and while travelling in connection therewith.

   (2) When it is necessary for any person to whom regulation 29 applies to make a journey for the purpose of undergoing a medical examination or treatment in connection with his injury, the Commander shall, unless the Pension Authority directs otherwise, authorise the payment of subsistence allowance and transport costs at such rates and subject to such conditions as he may determine:

Provided that no subsistence allowance shall be payable for any period during which an injured person is an in-patient at an institution or hospital, the cost of which is paid, in whole or in part, under sub-regulation (3).

   (3) A person to whom regulation 29 applies shall be entitled to the payment of such expenses, not exceeding in the aggregate K500, as the Commander is satisfied have been reasonably and necessarily incurred by that person as a result of an injury in respect of dental, medical, surgical, hospital or other treatment, including the supply of artificial limbs and appliances–

      (a)   where the treatment of the injury incurs expenditure in excess of K500, the Commander of the Regular Force shall report thereon and make recommendations to the Pension Authority and the Pension Authority may direct the payment of such additional payments in excess of K500 as it may approve;

      (b)   where the expenses are related to an injury which is due to aggravation to a material extent by the discharge of his duties–

      (i)   the sum payable under this sub-regulation in respect of each claim shall not exceed an amount equal to the same proportion of that claim as the actual degree of disablement of the injured person due to the aggravation bears to the degree of disablement which would have been applicable to him had the whole of his disablement been due to an injury;

      (ii)   the aggregate of the amounts payable under this sub-regulation shall not exceed an amount equal to the same proportion of K500, or such increased amounts as the Pension Authority may fix under paragraph (a), as the actual degree of disablement of the injured person due to the aggravation bears to the degree of disablement which would have been applicable to him had the whole of his disablement been due to an injury.

[As amended by S.I. No. 102 of 1988, 166 of 1992 and 176 of 1993]

PART VI
DEATH BENEFITS

33.   Interpretation of Part VI

For the purposes of this Part–

KA = average pensionable emoluments;

KB = the annual rate of the pensionable emoluments taken by the Scheduled Government concerned for the purpose of calculating the person's gratuity or pension;

C = the age at which an officer or a soldier retires expressed in complete months;

d = completed months of pensionable service;

e = completed months of total service;

f = number of completed months between the date of death and the date on which the person would have attained his pensionable age.

[As amended by S.I. No. 102 of 1988]

34.   Death benefits: officers and members of Corps of Instructors with less than two years' service

If an officer or a member of the Corps of Instructors, whose pensionable service or total service, as the case may be, amounts to less than two years dies, there shall be paid to his legal personal representative an amount equal to the payments made by him under the provisions of regulation 5.

35.   Death benefits: officers with between two and ten years' service

   (1) Subject to the provisions of Part I, if an officer who is not a former Federal officer and who was not a former Federal Instructor before being appointed to commissioned rank, and who was appointed to the Regular Force on transfer from the service of a Scheduled Government, and whose total service amounts to two years or more but less than ten years dies, there shall be paid to his legal personal representative a gratuity calculated as follows:

      (a)   


KA x e


x C ; or


120

      (b)    twice the amount of the payments made by the officer under the provisions of regulation 5;

whichever is the greater.

   (2) Subject to the provisions of Part I, if an officer who was not appointed to the Regular Force on transfer from the service of a Scheduled Government and whose pensionable service amounts to two years or more but less than ten years dies, there shall be paid to his legal personal representative a gratuity calculated as follows:

      (a)   


KA x e


x C ; or


120

      (b)   twice the amount of the payments made by the officer under the provisions of regulation 5;

whichever is the greater.

35A.   Death of officer or warrant officer before notice or date of retirement

   (1) An officer who after completing twenty years or more of service and who–

      (a)   dies before giving due notice to retire; or

      (b)   after giving notice to retire dies before his date of retirement;

shall be deemed to have voluntarily retired on the date of his death in accordance with these Regulations.

   (2) A soldier who after completing twenty years or more of service and who–

      (a)   dies before giving due notice to retire; or

      (b)   after giving notice to retire dies before his date of retirement;

shall be deemed to have voluntarily retired immediately before the date of his death in accordance with these Regulations.

[As amended by S.I. No. 176 of 1993]

35B.   Death of warrant officer before notice to retire or before date of retirement

A Warrant Officer or soldier who after completing twenty years or more of service and who-

      (a)   dies before giving due notice to retire; or

      (b)   after giving notice to retire dies before his date of retirement;

shall be deemed to have voluntarily retired immediately before the date of his death in accordance with these Regulations.

[As amended by S.I. No. 166 of 1992]

36.   Death benefits: other ranks

   (1) Subject to the provisions of Part I, if a person–

      (a)   who is not an officer or a member of the Corps of Instructors or was not an officer or a member of the Corps of Instructors immediately before his transfer from the Regular Force to the service of a Scheduled Government; and

      (b)   was appointed to the Regular Force on transfer from the service of a Scheduled Government or was transferred from the Regular Force to the service of a Scheduled Government; and

      (c)   whose total service amounts to two years or more;

dies, there shall be paid and distributed amongst his widow (if any), child or children (if any) and any other dependants (if any) in accordance with the directions of the Commander, a gratuity calculated as follows:


KA x e


x C .


120

   (2) Subject to the provisions of Part I, if a person who is not an officer and who was not appointed to the Regular Force on transfer from the service of a Scheduled Government dies, there shall be paid and distributed amongst his widow (if any), child or children (if any) and other dependants (if any) in accordance with the directions of the Commander, a gratuity calculated as follows:


KA x d


x C


120

   (3) Subject to the provisions of Part I, if any person who has retired from the Regular Force and who was not an officer or a member of the Corps of Instructors dies, and the amount paid to him in respect of commuted pension under the provisions of Part VII and by way of periodical payments of the pension awarded to him under the provisions of Part III, is less than the amount which would have been payable under subregulation (1) or (2) had he died on his last day of total service or pensionable service, as the case may be, then the balance shall be paid and distributed amongst his widow (if any), child or children (if any) and other dependants (if any) in accordance with the directions of the Commander.

37.   Pensions for widows of officers and members of Corps of Instructors

   (1) Subject to the provisions of Part I and of this regulation, if–

      (a)   a former Federal officer; or

      (b)   a former Federal Instructor; or

      (c)   any officer who was appointed to the Regular Force on transfer

from the service of a Scheduled Government and whose total service amounts to ten years or more; or

      (d)   any soldier, whose total service amounts to ten years or more;

dies and leaves a spouse, there shall be paid to the spouse a pension equal to 40 per centum of the pension for which the officer would have been eligible under the provisions of paragraph (b) of regulation 18 had he been required to retire on the date of his death because his medical grading, as determined by a medical board, made him unsuitable for further service in the Regular Force.

   (2) Subject to the provisions of Part I and of this regulation, if an officer who was not appointed to the Regular Force on transfer from the service of a Scheduled Government and whose pensionable service amounts to ten years or more, dies and leaves a spouse, there shall be paid to the spouse a pension equal to 40 per centum of the pension for which the officer would have been eligible under the provisions of paragraph (b) of regulation 18 had he been required to retire on the date of his death because his medical grading, as determined by a medical board, made him unsuitable for further service in the Regular Force.

   (3) Subject to the provisions of Part I and of this regulation, if–

      (a)   a former Federal officer or a former Federal Instructor; or

      (b)   any officer whose total service amounts to ten years or more;

who transferred from the Regular Force to the service of a Scheduled Government dies while in the service of a Scheduled Government without a break in his total service and leaves a spouse, there shall be paid to the spouse a pension calculated as follows:


{ KB x e


+


KB x f x 7 }


x C


600


600

Provided that this sub-regulation shall apply only to former Federal Instructors or to persons who were officers immediately before transfer to a Scheduled Government.

   (4) Subject to the provisions of Part I and of this regulation, if a retired officer or a retired member of the Corps of Instructors dies and leaves a spouse, there shall be paid to his spouse a pension equal to the pension which would have been payable to the spouse under the provisions of this regulation had the deceased person died on his last day of pensionable service or total service, as the case may be.

   (5) Subject to the provisions of Part I, a pension payable under this regulation shall be paid from the day following the date of death of the officer, retired officer, member of the Corps of Instructors or retired member of the Corps of Instructors, as the case may be.

[As amended by S.I. No. 102 of 1988 and 176 of 1993]

38.   Pensions for children of officers and members of Corps of Instructors

   (1) Subject to the provisions of Part I and of this regulation, if–

      (a)   a former Federal officer, soldier or a former Federal Instructor; or

      (b)   any officer, soldier whose pensionable service or total service, as the case may be, amounts to ten years or more; or

      (c)   any soldier, whose pensionable service or total service as the case may be, amounts, to ten years or more;

dies and leaves a spouse and children, there shall be paid in respect of his children, with effect from the day following the date of his death, a pension equal to the following percentages of the spouse's pension calculated under the provisions of regulation 37:

      (i)   for one child-25 per centum;

      (ii)   for two children-40 per centum;

      (iii)   for three children-50 per centum;

      (iv)   for four children-60 per centum;

      (v)   for five or more children-66 2/3 per centum;

Provided that on the death or remarriage of the spouse pensions in respect of the children shall be at the rates specified in sub-regulation (2).

   (2) Subject to the provisions of Part I and of this regulation, if–

      (a)   a retired officer or soldier; or

      (b)   a retired member of the Corps of Instructors; or

      (c)   a former Federal officer or soldier; or

      (d)   a former Federal Instructor; or

      (e)   any officer or soldier whose pensionable service or total service, as the case may be, amounts to ten years or more;

dies and leaves no spouse, but leaves children, there shall be paid in respect of the children, with effect from the day following the date of his death, a pension equal to the following percentages of the pension that would have been payable to the spouse under regulation 37, had he left one:

      (i)   for one child-50 per centum;

      (ii)   for two children-80 per centum;

      (iii)   for three children-100 per centum;

      (iv)   for four children-120 per centum;

      (v)   for five or more children-133 1/3 per centum.

   (3) If a child dies or ceases to be a child within the meaning of these Regulations, the pension payable under this regulation shall cease or, if there are other children, shall be adjusted accordingly.

   (4) Any pension payable under this regulation shall be paid to such person or persons as shall from time to time be determined by the Pension Authority and shall, in accordance with its determination, be paid in respect of one child or apportioned between any two or more of the children.

   (5) If the deceased person leaves a spouse who does not maintain or deserts or abandons a child and such person, the Pension Authority may direct that such portion of the spouse's pension as it thinks fit shall be paid to such person as it may direct and be applied by such person for the benefit of the child.

   (6) Notwithstanding any other provisions contained in these Regulations, if a pension is being paid under this regulation in respect of a child-

      (a)   because of the death of the parent of the child, no further pension shall be payable under this regulation in respect of that child on the death of the step-parent of that child;

      (b)   because of the death of the step-father of that child, no further pension shall be payable under this regulation in respect of that child on the death of the father of that child.

[As amended by S.I. No. 102 of 1988, 166 of 1992 and 176 of 1993]

38A.   Gratuity payment upon death

Subject to the provisions of Part VI an officer or a soldier whose pensionable service amounts to ten years or more dies and whose death in the opinion of the Commander, was not caused by any wrongful act or omission on the part of such officer or soldier in discharging his official duties, there shall of paid in addition to any other benefit under this part a gratuity equal to the officer's or soldier's annual pensionable emoluments at the date of his death and shall be paid as follows:

      (a)   where there remains a spouse but no children, to the spouse;

      (b)   where there remains any children of the deceased whether or not there also remains a spouse to such person and in such proportions as the Commander shall determine;

      (c)   where there is no spouse or child remaining, to the estate of the deceased.

[As amended by S.I. No. 102 of 1988]

PART VII
MISCELLANEOUS

39.   Commutation of pensions

An officer or a soldier who is entitled to a pension may elect before the payment of pension commences, to receive in lieu of either one-third or two-thirds of that pension, a gratuity calculated by multiplying the amount of pension to be commuted by the factor obtained from the Third 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 K50 the Pension Authority may commute the whole pension.

[As amended by S.I. No. 102 of 1988]

40.   Revocation

The following regulations are hereby revoked:

      (a)   regulations 9, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62 and 63 of the Defence (Regular Force) (African Members) Regulations, 1962;

      (b)   regulations 10, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 84A, 85, 86, 87, and 88 of the Defence (Regular Force) (Officers) Regulations, 1960;

      (c)   regulations 10, 11, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 91A, 92, 93 and 94 of the Defence (Regular Force) (European Members) Regulations, 1961.

41.   Review of pensions

There shall be a review of pensions at such intervals as the Pension Authority may decide.

[Am by SI 102 of 1988, 166 of 1992 and 176 of 1993.]

FIRST SCHEDULE

[Regulation 29 (3)]

DEGREE OF DISABLEMENT OF AN INJURED PERSON

Item

Nature of disablement

Degree of disablement per centum

GENERAL

1. Loss of hand and foot above site of Syme's amputation . . . . . . . . . . . . . .

100

2. Injury resulting in the injured person being permanently bedridden . . . . . . . . . .

100

INJURY TO UPPER LIMB

3. Loss of both hands or loss of both arms at higher sites . . . . . . . . . . . . . .

100

4. Loss of remaining arm by an injured person who has previously lost one arm . . . . . . . . . . . . . .

100

5. Loss of arm at shoulder or below shoulder with stump of less than 8 inches from tip of acromion . . . . . . . . . .

70

6. Loss of arm from 8 inches below tip of acromion to less than 41/2 inches below tip of olecranon . . . . . . . . . . . .

68

7. Loss of arm 41/2 inches below the tip of olecranon . . . . . . . .

65

8. Loss of hand at wrist . . . . . . . . . . . . . .

60

9. Loss of four fingers and thumb of one hand . . . . . . . . . .

60

10. Loss of four fingers on one hand . . . . . . . . . .

35

11. Loss of thumb:

. . . . . . . . . .

   (a)   both phalanges . . . . . . .

. . . . . . . . . .

25

   (b)   one phalanx . . . . . . . . .

. . . . . . . . . .

10

12. Loss of index finger:

. . . . . . . . . .

   (a)   first or second (additional) . .

. . . . . . . . . .

10

   (b)   third, fourth or fifth (additional)

. . . . . . . . . .

8

   (c)   one phalanx

. . . . . . . . . .

4

   (d)    tip and nail, no bone

. . . . . . . . . .

2

13. Loss of middle finger:

. . . . . . . . . .

   (a)   three phalanges

. . . . . . . . . .

6

   (b)   two phalanges

. . . . . . . . . .

4

   (c)   one phalanx

. . . . . . . . . .

2

   (d)   tip and nail, no bone

. . . . . . . . . .

1

14. Loss of ring finger:

. . . . . . . . . .

   (a)   three phalanges

. . . . . . . . . .

5

   (b)   two phalanges

. . . . . . . . . .

4

   (c)   one phalanx

. . . . . . . . . .

2

   (d)   tip and nail, no bone

. . . . . . . . . .

1

15. Loss of little finger:

. . . . . . . . . .

   (a)   three phalanges

. . . . . . . . . .

4

   (b)   two phalanges

. . . . . . . . . .

3

   (c)   one phalanx

. . . . . . . . . .

2

   (d)   tip and nail, no bone

. . . . . . . . . .

1

16. Loss of metacarpals:

. . . . . . . . . .

   (a)   first or second (additional)

. . . . . . . . . .

3

   (b)   third, fourth or fifth (additional)

. . . . . . . . . .

2

17. Ankylosis in optimum position:

. . . . . . . . . .

   (a)   shoulder

. . . . . . . . . .

35

   (b)   elbow

. . . . . . . . . .

35

   (c)   wrist

. . . . . . . . . .

25

18. Notwithstanding the foregoing provisions of this Schedule-

   (a)   in the case of a right-handed injured person, an injury to the left arm or hand, and in the case of a left-handed injured person an injury to the right arm or hand, shall be rated at 90 per centum of the above percentages;

   (b)   the loss of the thumb and four fingers of one hand shall be equivalent to the loss of a hand;

   (c)   when there are two or more injuries to the 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 percentages for each finger shall be increased by 20 per centum of such sum 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 percentages for each finger shall be increased by 40 per centum of such sum total.

INJURY TO LOWER LIMB

19. Loss of both feet above site of Syme's amputation or loss of both legs at higher sites . . . . . . . . . .

100

20. Loss of remaining leg by an injured person who has previously lost one leg ..

100

21. Loss of leg at hip or below hip with stump not exceeding 5 inches in length measured from tip of great trochanter . . . . . .

70

22. Loss of leg below hip with stump exceeding 5 inches in length measured from tip of great trochanter but not beyond middle thigh . .

60

23. Loss of leg below middle thigh but not more than 4 inches below knee . . ..

50

24. Loss of leg below knee with stump exceeding 4 inches . . . . . .

30

25. Modified Syme's operation:

   (a)   one foot . . . . . . . . . . . . . . . .

25

   (b)   two feet . . . . . . . . . . . . . . . .

70

26. Loss of foot at tarso-metatarsal joint

25

27. Loss of all toes of both feet proximal to the proximal interphalangeal joint

25

28. Loss of all toes of both feet distal to the proximal inter- phalangeal joint

15

29. Loss of all toes of one foot proximal to the proximal inter- phalangeal joint

15

30. Loss of all toes of one foot distal to the distal inter-phalangeal joint . .

10

31. Loss of great toe: . . . . . . . . . . . .

   (a)   both phalanges . . . . . . . . . . . .

5

   (b)   one phalanx . . . . . . . . . . . .

2

32.    Loss of toe other than great toe if more than one toe lost, each. .

1

33. Ankylosis in optimum position:

   (a)   hip . . . . . . . . . .

50

   (b)   knee . . . . . . . . . .

25

   (c)   ankle. . . . . . . . . .

15

INJURY TO SIGHT

34. Total loss of sight . . . . . . . . . .

100

35. Loss of remaining eye by an injured person who previously had the sight of only one eye . . . . . . . . . . . .

100

36. Loss of one eye, the other eye being normal . . . . . . . .

30

37. Total loss of vision of one eye, the other eye being normal . . . .

50

38. Other degrees of defective vision based on the visual defect as measured after correction with glasses:

When best visual acuity is-in one eye-

other eye-

6/6 or 6/9

6/24

. .

. .

. .

15

6/6 or 6/9

6/36

. .

. .

. .

20

6/6 or 6/9

6/60

. .

. .

. .

20

6/6 or 6/9

3/60

. .

. .

. .

20

6/12

Nil

. .

. .

. .

30

6/18

6/18

. .

. .

. .

15

6/18

6/24

. .

. .

. .

30

6/18

6/36

. .

. .

. .

40

6/18

6/60

. .

. .

. .

40

6/18

3/60

. .

. .

. .

40

6/18

Nil

. .

. .

. .

50

6/24

6/24

. .

. .

. .

30

6/24

6/36

. .

. .

. .

40

6/24

6/60

. .

. .

. .

50

6/24

3/60

. .

. .

. .

50

6/24

Nil

. .

. .

. .

70

6/36

6/36

. .

. .

. .

50

6/36

6/60

. .

. .

. .

60

6/36

3/60

. .

. .

. .

60

6/36

Nil

. .

. .

. .

70

6/60

6/60

. .

. .

. .

80

6/60

3/60

. .

. .

. .

80

6/60

Nil

. .

. .

. .

90

3/60

3/60

. .

. .

. .

80

3/60

Nil

. .

. .

. .

90

Nil

Nil

. .

. .

. .

100

INJURY TO HEARING

39. Total deafness in both ears . . . . . . . . . .

50

40. Shout not audible at a distance of more than 3 feet. . . .

40

41. Conversational voice not audible at a distance of more than 1 foot

30

42. Conversational voice not audible at a distance of more than 3 feet

20

43. Conversational voice not audible at a distance of more than 6 feet

10

44. Conversational voice not audible at a distance of more than 9 feet:

   (a)   one ear totally deaf . . . . . . . .

7

   (b)   otherwise, less than . . . . . . . .

7

45. The degree of disablement indicated opposite items 40 to 44, both inclusive, shall be in respect of both ears used together.

SECOND SCHEDULE

[Regulation 29 (10)]

CALCULATION OF THE CAPITALISED VALUE OF A PENSION

The capitalised value of a pension shall be determined by multiplying the amount of the pension by the relevant factor shown in the following table according to the age of an injured person on his birthday following the date concerned:

Age next birthday

Factor

Under 20 years. . . . . .

16.00

20 years or more but less than 25 years

15.50

25 years or more but less than 30 years

15.00

30 years or more but less than 35 years

14.50

35 years or more but less than 40 years

14.00

40 years or more but less than 45 years

13.00

45 years or more but less than 50 years

12.00

50 years or more but less than 55 years

11.00

55 years or more but less than 60 years

10.00

60 years or more but less than 65 years

8.50

65 years or more but less than 70 years

7.00

THIRD SCHEDULE

[Regulation 39]

COMMUTATION OF PENSION FACTORS

SINGLE CASH PAYMENT IN COMMUTATION OF PENSION OF K1 (ONE KWACHA) PER ANNUM

Cash Payment

Cash Payment

Cash Payment

Nearest
Half-Age


Male


Female

Nearest
Half-Age


Male


Female

Up to 2020

34.98

35.66

48

26.64

28.76

20.5

34.88

35.58

48.5

26.40

28.56

21

34.78

34.48

49

26.16

28.38

21.5

34.68

35.40

49.5

25.92

28.18

22

34.58

35.30

50

25.68

28.00

22.5

34.48

35.22

50.5

25.44

27.80

23

34.38

35.12

51

25.18

27.60

23.5

34.28

35.04

51.5

24.68

27.38

24

34.16

34.94

52

24.42

26.18

24.5

34.06

34.86

52.5

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