THE PUBLIC SERVICE RETIREMENT BENEFITS ACT, 1999 ARRANGEMENT OF SECTIONS ...

148 Pages·2003·0.19 MB·English

THE PUBLIC SERVICE RETIREMENT
BENEFITS ACT, 1999
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY PROVISIONS
Section Title
1 . Short title and commencement.
2. Application.
3. Interpretation.
PART 11
THE PENSION SCHEME
4. Establishment of the Scheme.
5. Membership of the Scheme.
PART III
BENEFITS COFFERED UNDER
THE SCHEME
6. Employees' contributions to pension and
gratuity as of right.
7. Exemption from income tax.
8. Benefits in respect of age, invalidity
survivors etc.
9. Benefits as to compulsory age retirement.
10. Death gratuity.
11. Survivors benefit.
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12. Sickness benefit.
13. Invalidity benefit.
14. Withdrawal because of marriage or
maternity.
15. Withdrawal because of emigration or
unemployment. in the Service.
16. Scope of entitlement to pension, gratuity etc.
17. Retirement age.
18. Service not qualifying for pension.
19. Emoluments to be taken into account when
computing pension or gratuity.
20. Pensions, gratuity and allowances for persons
holding certain public offices.
21. Benefits conferred to Chief Justice.
22. Rates of pension and gratuity.
23. Restriction on double benefit.
24. Computation of pension upon transfer
appointment
25. Gratuity where length of service does not
qualify for pension.
26. Where service is terminated in public interest
President may grant pension.
27. President may exempt from certain
conditions.
No. 2 Public -Service, Retirement Benefits 1999 3
28. Pensions, gratuity or allowance not to be
assignable.
29. Pensions when serving sentence.
30. Approval of National Assembly to Increase,
vary or modify benefits.
PART IV
THE FUND
31. Establishment of the Fund.
32. Establishment of the Board.
33. Management of the Fund.
34. Appointment of the Director General.
35. Fund to be held by the Board of Trustees.
36. Minister's powers to make regulations.
PART V
CONTRIBUTIONS AND PAYMENTS
37. Sources of the Fund.
38. Contributions and payments to the Fund.
39. Failure of employer to pay contribution to
the Fund.
40. Employer's contribution.
41. Employee's contribution.
42. Contribution not transferrable.
43. Refund of excess contributions
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44. Accounts of members.
45. Members rights to their accounts.
46. Contribution of the Fund to be drawn from
the Consolidated Fund.
47. Exemption from stamp duty and income tax.
48. Annual accounts and audit.
49. Authority for withdrawals from the Fund.
50. Report by the Board.
51 Actuarial evaluation of the Fund and Board's
recommendation to the Minister.
PART VI
THE BOARD
52. Constitution of the Board.
53. Functions of the Board.
54. Duties of the Board.
55. Powers of the Board to appoint and delegate.
56. Temporary members.
57. Tenure of office.
58. Resignation and revocation of appointment.
59. Vacation of office.
60. Quorum and conduct of proceedings.
61. Chairman of the Board to have a casting
vote.
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62. Ministers power to give directions.
63. Authentication of the seal.
64. Reserve Account.
65. Board may establish a commi.ttee.
66. -Powers to grant loans-
67. Disqualification from membership of the
Board.
68. Disclosure of interest.
PART VII
OFFENCES
Offence
69. for failure to comply with
conditi.ons.
70. Punishment.
71. Director General to institute proceedings.
72. Liability of members.
PART VIII
TRANSITIONAL PERIOD AND
MISCELLANEOUS PROVISIONS
73. Repeal of Pensions Ordinance Cap.371.
74. Continuance of laws.
75. Transfer of powers, rights, liabilities and
duties.
76. Transfer of property.
77. Existing contracts.
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78. Continuance of criminal and civil
proceedings.
79. Continuance of service by officers and
employees..
80. Pending disciplinary proceedings.
81. Payments during transition period.
82. Option to the payment of lumpsum.
83. Employee's payments to be refunded and
paid out of the Consolidated Fund.
84. Employees under the Pensions Ordinance to
continue under the same.
85. Paymaster General to become custodian of
the Fund.
86. Amendment of Section 3 of the Income Tax
Act, 1973.
87. Amendment of section 6 of the Tanzania
Intelligence and Security Service Act, 1996.
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THE UNITED REPUBLIC OF TANZANIA
No. 2 of 1999
I ASSENT
.....................................................
President
14th April, 1999.
An Act to establish the Public Service Pensions Scheme, to
provide for contributions to and payment of pensions, gratu-
ities and other benefits in respect of the Service of officers in
the Government and to provide for the related matters.
I I
ENACTED by the Parliament of the United Republic of Tanzania.
PART I
PRELIMINARY PROVISIONS
1.-(I) This Act maybe cited as the Public Service Retire-
Short title
ment Benefits Act, 1999. and comme-
ment
(2) This Act shall come into operation on the First
day of July, 1999.
2. This Act shall apply to all Government employees employed
Applica-
in Tanzania as well as to employees employed by Executive Age- tion
ncies established under an Act of Parliament.
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Interpretation 3. In this Act unless the
context otherwise requires -
annual pensionable
if
emoluments'' means the
emoluments which
would be taken for the
purposes of computing
any pension or gratuity
granted to -the member
under this Act if he had
retired from the Service
in circumstances
described in section 16.
''benefit'' means a retirement
benefit payable under
this Act;
''Board'' means the Board of
Trustees of the Public
Service Pensions Fund
established by section 32;
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''child'' includes a step-child, a
child born out of
wedlock and an adopted
child;
''Constitutional office'' means
an office which is
established by or under
the Constitution of the
United Republic of
Tanzania of 1977-
11
"contract terms'' in relation to
employment means the
terms whereby a person
is employed on contract
for a period of service
with an eligibility for
payment of a sum of
money upon satisfactory
completion of that
period of service;
"commencement date'' means
the first day of July,
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1999;
''commuted pension gratuity''
means the gratuity which
might have been granted
to the member under
section 22 if he had
retired from the Service
at the date of his death in
circumstances described
in paragraph (e) of
section 16;
"compulsory retirement age''
means the age referred to
in subsection (3) of
section 17, upon the
attainment of which an
officer shall retire;
''dependant'' in relation to a
deceased officer, means -
(a) where the
deceased officer
was a male, his