CHAPTER 277
JUDGES (CONDITIONS OF SERVICE) ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
EMOLUMENTS AND BENEFITS ON RESIGNATION, RETIREMENT OR DISMISSAL

   3.   Emoluments

   4.   Benefits on retirement, resignation and dismissal of Judge

   5.   Retirement on grounds of ill health

   6.   Benefits following death

PART III
MISCELLANEOUS

   7.   Appointment of Judge from Public Service

   7A.   Judges appointed before commencement of Act

   8.   Appointment under contract

   9.   Administration

   10.   Contributions

   11.   Payments from general revenues

   12.   Regulations

   13.   Repeal of certain provisions in Act 43 of 1993

AN ACT

to provide for the emoluments, pensions and other conditions of service for Judges and to provide for matters connected with or incidental to the foregoing.

[17th March, 1997]

Act 14 of 1996,

Act 19 of 1998,

Act 15 of 2006.

PART I
PRELIMINARY

 

1.   Short title

   (1) This Act may be cited as the Judges (Conditions of Service) Act.

   (2) This Act shall—

      (a)   apply to a Judge; and

      (b)   for purposes of entitlement to any pension or gratuity, apply to a Judge who was in service on the 1st June, 1992.

[S 1(2)(b) subs by s 2 of Act 19 of 1998.]

 

2.   Interpretation

In this Act, unless the context otherwise requires—

“appropriate authority” means the Judicial Service Commission;

“dependant” in relation to the deceased means a person whose livelihood solely depended on the deceased immediately prior to death;

“emoluments” means salary and allowances;

“Judge” means a Judge of the Supreme Court, a Puisne Judge, and the Chairman and Deputy Chairman of the Industrial Relations Court;

“pensionable emoluments” means salary and any special addition to salary granted without any condition that it shall not count for the purpose of calculating pension.

PART II
EMOLUMENTS AND BENEFITS ON RESIGNATION, RETIREMENT OR DISMISSAL

 

3.   Emoluments

There shall be paid to a Judge such emoluments as the President may, by statutory instrument, prescribe.

 

4.   Benefits on retirement, resignation and dismissal of Judge

   (1) A Judge shall retire in accordance with the provisions of the Constitution.

   (2) Upon retirement, a Judge shall—

      (a)   if the Judge has served—

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      (i)   for a period of five years or less, be entitled to a gratuity comprising ten months of the emoluments last received while in office;

      (ii)   for a period of six to ten years, be entitled to a gratuity comprising fifteen months of the emoluments last received while in office;

      (iii)   for a period of eleven to fifteen years, be entitled to a gratuity comprising twenty-five months of the emoluments last received while in office;

      (iv)   for a period of sixteen to nineteen years, be entitled to a gratuity comprising forty months of the emoluments last received while in office; and

      (v)   for a period of twenty years or more, be entitled to a gratuity comprising sixty months of the emoluments last received while in office:

Provided that a person serving as a Judge who was appointed as a Judge before the commencement of this Act and who has served for a period of less than twenty years on the date of their retirement shall notwithstanding sub-paragraphs (i) to (iv) of this paragraph be entitled to a gratuity comprising sixty months of the emoluments last received while in office; and

[S 4(2)(a) subs by s 2(a) of Act 15 of 2006.]

      (b)   until his death, continue to receive eighty per centum of the emoluments payable to a person holding the same or equivalent office as that held upon retirement.

[S4(2)(b) am by s 2(a) of Act 15 of 2006.]

   (3) Where a Judge resigns after serving for a period of not less than ten years, he shall be entitled to—

      (a)   a gratuity comprising thirty months of the basic salary last received while in office; and

      (b)   a lump sum calculated as follows:

SC + (SC x I x Y)

Where SC = the sum of his contributions;

I = interest at current Central Bank deposit rate;

Y = the number of completed years in respect of which he has contributed.

   (4) Where a Judge resigns after serving for a period of less than ten years, he shall be entitled to—

      (a)   a gratuity comprising fifteen months of the basic salary last received while in office; and

      (b)   a lump sum calculated in accordance with paragraph (b) of sub-section (3).

   (5) A Judge who vacates his office on disciplinary grounds shall be entitled to a refund of his contributions plus interest at the current Central Bank deposit rate.

 

5.   Retirement on grounds of ill health

   (1) Where, after serving for a period of not less than ten years, a Judge retires on medical evidence to the satisfaction of the appropriate authority that he is incapable by reason of infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent, he shall, with effect from the date of his retirement, be entitled—

      (a)   if his infirmity is, in the opinion of the appropriate authority, due to or occasioned by his own default—

      (i)   to a gratuity comprising thirty months of the basic salary last received while in office; and

      (ii)   to a pension calculated as follows:

KA x BC

Where   KA = pensionable emoluments;

B = the number of completed months of pensionable service;

C = the age at which he retires, expressed in complete months.

      (b)   if his infirmity is not, in the opinion of the appropriate authority, due to or occasioned by his own default, to the benefits under sub-section (2) of section 4.

   (2) Where a Judge retires on the grounds described in sub-section (1) after serving for a period of less than ten years, he shall, with effect from the date of his retirement, be entitled—

      (a)   if his infirmity is, in the opinion of the appropriate authority, due to or occasioned by his own default—

      (i)   to a gratuity comprising fifteen months of the basic salary last received while in office; and

      (ii)   to a pension calculated in accordance with sub-paragraph (ii) of paragraph (a) of sub-section (1).

      (b)   if his infirmity is not, in the opinion of the appropriate authority, due to or occasioned by his own default—

      (i)   to a gratuity comprising thirty months of the basic salary last received while in office; and

      (ii)   to a pension calculated in accordance with sub-paragraph (ii) of paragraph (a) of sub-section (1).

 

6.   Benefits following death

   (1) Where a Judge who was entitled to benefits under sub-section (2) of section 4 dies or where a Judge dies after serving for a period of not less than ten years—

      (i)   the gratuity payable under sub-paragraphs (ii) to (v) of paragraph (a) of sub-section (2) of section 4 shall, unless it was received by the deceased, be paid into his estate and shall be administered in accordance with his will, if any, or in accordance with the Intestate Succession Act, as the case may be; and

[S 6(1)(i) am by s 3 of Act 15 of 2006.]

      (ii)   his spouse, if any, shall, until death or remarriage, receive fifty per centum of the benefits to which the deceased was or would have been entitled if he had retired under the said provisions, and, in the absence of such spouse or in the event of death or remarriage, such benefits shall be payable to the unmarried children or dependants of the deceased until they attain the age of eighteen years.

   (2) Where a Judge who was entitled to benefits under paragraph (b) of sub-section (2) of section 5 dies or where a Judge dies after serving for a period of less than ten years—

      (i)   the gratuity payable under paragraphs (a) and (b) of sub-section (2) of section 5 shall, unless it was received by the deceased, be paid into his estate and shall be administered in accordance with his will, if any, or in accordance with the Intestate Succession Act, as the case may be; and

      (ii)   his spouse, if any, shall, until death or remarriage, receive fifty per centum of the benefits to which the deceased was or would have been entitled if he had retired under the said provisions, and, in the absence of such spouse or, in the event of death or remarriage, such benefit shall be payable to the unmarried children or dependants of the deceased, until they attain the age of eighteen years.

   (3) Where a Judge who was entitled to benefits under paragraph (a) of sub-section (1) or (2) of section 5 dies—

      (i)   the gratuity payable under sub-sections (1) and (2) of section 5 shall, unless it was received by the deceased be paid into his estate and shall be administered in accordance with his will if any, or in accordance with the Intestate Succession Act, as the case may be; and

      (ii)   his spouse, if any, shall, until death or remarriage receive fifty per centum of the benefits to which the deceased was entitled under the said provisions, and, in the absence of such spouse or, in the event of death or remarriage, such benefits shall be payable to the unmarried children or dependants of the deceased until they attain the age of eighteen years.

PART III
MISCELLANEOUS

 

7.   Appointment of Judge from Public Service

   (1) Where any person is appointed as Judge from the Public Service, after the commencement of the Act, that person shall upon such appointment retire from the post in the Public Service and shall have the option either to receive his terminal benefits at the time of such retirement or to have the same deferred until a later date determined by that person.

   (2) The terminal benefits deferred under sub-section (1) shall be administered in accordance with the law relating to the pensions of public officers.

[S 7 subs by s 3 of Act 19 of 1998.]

 

7A.   Judges appointed before commencement of Act

   (1) A person serving as a Judge who was appointed as a Judge before the commencement of this Act—

      (a)   from the Public Service and who has not received the terminal benefits in respect of that service; or

      (b)   who has been contributing to institution responsible for the administration of pensions of public officers from the date of appointment as a Judge;

shall with effect from 1st June, 1997, be deemed to have attained a pensionable age and shall be retired under the Public Service Pensions Act, 1996.

   (2) With effect from 1st June, 1997, this Act shall apply to a Judge referred to in sub-section (1) calculated from the date of appointment as a Judge.

[S 7A ins by s 4 of Act 19 of 1998.]

 

8.   Appointment under contract

   (1) A person serving as a Judge and entitled to gratuity under contract shall have an option to continue under this Act.

   (2) Where a person serving as a Judge opts to continue under the contract pursuant to sub-section (1)—

      (a)   that person shall not be entitled to the benefits under this Act; and

      (b)   the age of retirement of that person shall be in accordance with Constitution.

[S 8 subs by s 5 of Act 19 of 1998.]

 

9.   Administration

The institution responsible for the administration of the pensions of public officers shall also be responsible for the administration of the scheme described in this Act in accordance with this Act and the prudential management provisions of the law relating to the pensions of public officers.

 

10.   Contributions

A Judge shall contribute towards the cost of the pension scheme described in this Act at the rate of seven and one quarter per centum of his pensionable emoluments or at such other rate as the Minister may fix by statutory order in consultation with the institution designated by section 9.

 

11.   Payment from general revenues

There shall be paid in the institution designated by section 9 from the general revenues of the Republic such amount calculated with regard to the pensions and other benefits payable under the pension scheme described in this Act as may be fixed by the Minister in consultation with that institution following the advice of an actuary appointed by the institution.

 

12.   Regulations

   (1) The President may, by statutory instrument, make regulations for the better carrying out of the provisions of this Act.

   (2) Without prejudice to the generality of sub-section (1), the President may, by statutory instrument, make regulations prescribing the perquisites of office and other conditions of service of a Judge, including but not limited to the following—

      (a)   car loans;

      (b)   housing allowance;

      (c)   non-private practice allowance;

      (d)   funeral assistance;

      (e)   travelling on duty.

   (3) The regulations under this section may be made with retrospective effect.

[S 12(3) ins by s 6 of Act 19 of 1998.]

 

13.   Repeal of certain provisions in Act 43 of 1993

From the commencement date, the Constitutional Offices (Emoluments) Act, 1993, shall stand repealed in so far as it applies to the salary of the Chief Justice, Deputy Chief Justice, Judges of the Supreme Court and High Court.

   

 
 

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