Pensions Increase Cap 190 - as Plain Text by MWakili

LAWS OF KENYA The Pensions (increase) acT Chapter 190 Revised Edition 2010 (1991) Published by the National Council for Law Reporting with the Authority of the Attorney General www.kenyalaw.org CAP2.

190 Pensions (Increase) [Rev.

2010 CHAPTER 190 THE PENSIONS (INCREASE) ACT ARRANGEMENT OF SECTIONS Section 1Short title.

2Interpretation.

3Date and rate of pension increase.

4Cases where no increase of pension is payable.

5How increase calculated where person in receipt of more than one pension and what proportion payable under this Act.

6Provisions applicable to increases.

7Source of payment of increases.

8Pensioner deemed in receipt of pension in certain circumstances.

9Power to amend First Schedule.

10Provision for granting of an allowance in certain cases.

11Regulations.

12Penalty for false statement, etc.

SCheduleS.

Rev.

2010] Pensions (Increase) CAP.

190 3 CHAPTER 190 THE PENSIONS (INCREASE) ACT 10 of 1957, 21 of 1961, 44 of 1962, Commencement: 1st July, 1956 30 of 1963, L.N.

168/1964, An Act of Parliament to provide for the increase of certain pensions payable 4 of 1979, in respect of public service 19 of 1985, 13 of 1986, 3 of 1990, 4 of 1996, 9 of 2007.

1.

This Act may be cited as the Pensions (Increase) Act.

Short title.

2.

(1) In this Act, unless the context otherwise requires Interpretation.

30 of 1963, s.

2, 4 of 1979, s.

2, pension means any pension or other benet payable by way 4 of 1996, s.

2.

of periodical payments, but does not include any gratuity or any sum payable otherwise than by way of periodical payments, and accordingly the provisions of this Act shall not have effect with respect to any pension which has been commuted; and, where a part of any pension has been commuted, those provisions shall not have effect with respect to that part thereof; pension authority means, in relation to any pension, the authority by whom the pension is payable; repealed Ordinance means the Pensions (Increase) Ordinance, 44 of 1951.

1951 (now repealed); specified pension means a pension or retiring allowance specied in the First Schedule.

(2) For the purposes of this Act, a pension payable under the Cap.

199.

Armed Forces Act or the Parliamentary Pensions Act shall be deemed to be a pension payable in respect of public service.

3.

(1) Subject to the provisions of this Act, there shall be paid, Date and rate of with effect from the 1st July, 2005 and on the 1st July every two years pension increase.

4 of 1979, s.

3, thereafter, on every specied pension together with any other increase 19 of 1985, Sch., granted previously, a pension increase at the rate of three per cent of 13 of 1986, Sch., the pension in payment at the date of the increase 3 of 1990, s.

2, 4 of 1996, s.

3, Provided that no increase shall be payable under this section on 9 of 2007, s.

32.

CAP4.

190 Pensions (Increase) [Rev.

2010 (a) any specied pension which became payable after the date of the increase where the amount of the pension is calculated by reference to a salary received after such date; (b) any pension to which the Public Ofcers Pensions (Kenya No.

18 of 1977.

and United Kingdom) Agreement Act, 1977, applies.

(2) In this section, date of the increase means the 1st July, 2005, or the 1st July every two years thereafter, as the case may be.

Cases where no increase of pension is 4.

Where the amount of the pension of any person is determined payable.

by reference to emoluments which have been revised in accordance with any arrangements, in force in Kenya or in any other territory, for the revision of salaries and conditions of service, being arrangements which the Minister for the time being responsible for nance may, either generally or in any specic case, declare to be applicable for the purposes of this section, no increase of his pension shall be payable to that person under this Act: Provided that, if in the case of such a person his old pension (that is to say, the pension which would have been payable to him if any such arrangements had not become applicable to him, increased by any sum which would have been payable to him under the terms of this Act apart from the provisions of this section) exceeds his new pension (that is to say, the pension payable to him by virtue of any such revised salary), an increase of pension shall be payable to that person of the amount by which his old pension exceeds his new pension.

How increase 5.

Where a person is in receipt of a pension from one or more calculated where colonial administrations, or former colonial administrations, the increase person in receipt payable under this Act shall be calculated on the aggregate of both or of more than one pension and what all of those pensions, and the increase payable on the specied pension proportion payable shall be that proportion of the increase payable on both or all of those under this Act.

pensions as the amount of the specied pension bears to the combined L.N.

168/1964.

total of both or all of those pensions.

Provisions applicable 6.

Subject to this Act, any provision made by or under any to increases.

enactment shall, in so far as it relates to the apportionment of the cost of a pension between two or more pension authorities or to the manner in which a pension is to be paid, or to the proof of title to sums payable on account of a pension or in so far as it prohibits or restricts the assignment or charging of a pension or its application towards the payment of debts, have effect in relation to any increase payable under this Act as it has effect in relation to the pension in respect of which the increase is payable.

Rev.

2010] Pensions (Increase) CAP.

190 57.

Where any pension is increased under this Act, the cost of Source of payment of the increase shall be defrayed out of moneys provided by Parliament.

increases.

21 of 1961, Sch., L.N.

168/1964.

8.

Where under any enactment for the time being in force a Pensioner deemed pension which is payable to any pensioner is being paid to some other in receipt of person, the pensioner shall for the purposes of this Act be deemed to pension in certain be in receipt thereof.

circumstances.

L.N.

168/1964, 21 of 1966, 2nd Sch.

9.

The President may by order amend the First Schedule by making Power to amend First any addition thereto.

Schedule.

10.

Where a pension under the Widows and Orphans Pensions Provision for granting of an Act, Asian Widows and Orphans Pensions Act or the Asians Family allowance in certain Pensions Act becomes payable to a beneciary on or after the 1st cases.

January, 1946, and that pension is less than the aggregate of 44 of 1962, Sch., 30 of 1963, s.

4.

(a) the registered pension, if any, in respect of that beneciary on Cap.

192.

the 31st December, 1945, together with the increases which Cap.

193.

would be payable under the Pensions (Increase) Ordinance, Cap.

194.

1945 and 1949 (now repealed), the repealed Ordinance 7 of 1945, 33 of 1945, and and this Act if the pension had become payable on the 31st 54 of 1949.

December, 1945; or (b) the registered pension, if any, in respect of that beneciary on the 31st December, 1953, together with the increases which would be payable under the repealed Ordinance and this Act if the pension had become payable on the 31st December, 1953; or (c) the registered pension, if any, in respect of that beneciary on the 30th June, 1956, together with the increase which would be payable under this Act if the pension had become payable on the 30th June, 1956; or (d) the registered pension, if any, in respect of that beneciary on the 31st March, 1960, together with the increase which would be payable under this Act if the pension had become payable on the 31st March,1960, there shall be granted to that beneciary an allowance equal to the amount of the difference between that pension and whichever of such aggregates is appropriate.

CAP6.

190 Pensions (Increase) [Rev.

2010 Regulations.

11.

The President may make regulations generally for better L.N.

168/1964, carrying out the provisions of this Act, and any such regulations may, 21 of 1966, 2nd Sch.

without prejudice to the generality of the foregoing provision, make provision for (a) the manner in which claims for an increase of a pension under this Act shall be made, and the procedure which shall be followed in considering and determining any such claim; (b) the evidence which shall be required for determining whether and by what amount a pension may be increased; (c) delegating to any person or authority the performance, in relation to any particular class of pensions, of all or any of the functions of any pension authority under this Act; (d) prescribing anything required to be prescribed under this Act.

Penalty for false 12.

Any person who, for the purpose of obtaining either for himself statement, etc.

or any other person any sum payable by virtue of this Act, knowingly 9 of 2007, s.

33.

makes any false statement or false representation shall be guilty of an offence and liable to a ne not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months or to both.

Rev.

2010] Pensions (Increase) CAP.

190 7 FIRST SCHEDULE (s.

2) penSionS whiCh may be inCreaSed under thiS aCt 30 of 1963, s.

5, L.N.

168/1964, 4 of 1979, s.

4.

1.

A pension payable to or in respect of the services of an ofcer in pursuance of a resolution of the National Assembly.

2.

A pension payable under any of the following laws (a) the Pensions Act; Cap.

189.

(b) the Special Pensions Act, 1950; 37 of 1950.

(c) section 3 of the Special Pensions Act, 1960; 40 of 1960.

(d) the Widows and Orphans Pensions Act; Cap.

192.

(e) the Asian Widows and Orphans Pensions Act; Cap.

193.

(f) the Asian Ofcers Family Pensions Act; Cap.

194.

(g) the Widows and Childrens Pensions Act; Cap.

195.

(h) the Armed Forces Act.

Cap.

199.

3.

A retiring allowance payable under the Nursing Sisters (Retiring Cap.

195 (1962).

Allowances) Act.

SECOND SCHEDULE (Repealed by 9 of 2007, s.

34.).

.