Retirement Benefits Deputy Presidentand Designated State Officers Act 2015 - as Plain Text by MWakili

SPECIALISSUE Kenya Gazette Supplement No.

88 (Acts No.

8) 7^ REPUBLIC OF KENYA ow"AIZETTE SUPPLEMENT KENYA G ACTS, 2015 NAIROBI, 25th June, 2015 CONTENT Act PAGE The Retirement Benefits (Deputy President and Designated State Officers) Act, 2015.

105 hAtIONAL OUNCIL FOR LAW REPORTIXG.

- RF.CEIVED VFEL' li 4 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 105 THE RETIREMENT BENEFITS (DEPUTY PRESIDENT AND DESIGNATED STATE OFFICERS) ACT, 2015 No.

8 of 2015 Date of Assent: 19th Jime, 2015 Date of Commencement: 9th July, 2015 ARRANGEMENT OF SECTIONS Section I Short title.

2 Interpretation.

3 Persons entitled to benefits.

4 Circumstances under which benefits may not be paid.

5 Pension and other benefits of entitled person.

6Pension and other benefits of a retired Prime Minister.

7Pension and other benefits of a retired Deputy President or retired Vice-President.

8 Role of entitled person.

9Spouse benefits.

Children's benefits.

10 II Entitled person not be covered under any other Act.

12Staff.

13 Funds for expenses.

14Accounts and audit.

15 Official funeral.

16Computation of benefits.

FIRST SCHEDULE ADDITIONAL RETIREMENT BENEFITS FOR A RETIRED SPEAKER OF THE NATIONAL ASSEMBLY OR THE SENATE SECOND SCHEDULE ADDITIONAL RETIREMENT BENEFITS FOR A RETIRED PRIME MINISTER THIRD SCHEDULE ADDITIONAL RETIREMENT BENEFITS FOR A RETIRED DEPUTY PRESIDENT OR RETIRED VICE-PRESIDENT 106 Retirement Benefits (Deputy President and Designated State Officers) 2015 No.

8 THE RETIREMENT BENEFITS (DEPUTY PRESIDENT AND DESIGNATED STATE OFFICERS) ACT, 2015 AN ACT of Parliament to provide for the granting of pension and other retirement benefits to persons who hold the office of the Deputy President and persons who have served as Prime Minister, Vice- President or Speaker after the Ist January, 1993, and for connected purposes ENACTED by the Parliament of Kenya, as follows 1.

This Act may be cited as the Retirement Benefits Slor, title.

(Deputy President and Designated State Officers) Act, 2015.

Interpretation.

2.

In this Act, unless the context otherwise require "benefits" means pension and other retirement benefits conferred by this Act; "Deputy President" means a person who holds the office of Deputy-President of Kenya in accordance with the Constitution; "eligible child" means any child of a deceased entitled person who (a) is under eighteen years of age; or (b) is under twenty-four years of age and is undergoing a course of full time education; or zn t, (c) was at the time of the death of the deceased wholly or mainly dependent on the deceased and was at that time and has at all times since been either a person falling within paragraph (a) and (b) or is incapable, and likely to remain permanently incapable, by reason of bodily or mental infirmity, of earning his own living, and is not for the time being maintained out of moneys provided by the Government in a hospital or similar institution; "entitled person" means any of the persons specified in section 3; "retired Deputy President" means a person who, having held the office of Deputy-President, has ceased to hold office as such in the manner specified in the Constitution; 107 Retirement Benefits (Deputy President and Designated State Officers) 2015 No.

8 "retired Prime Minister" means a person who, having held the office of Prime Minister, has ceased to hold office as such in the manner specified in the Constitution; "retired Speaker" means a person who, having held the office of the Speaker of the National Assembly or Speaker of the Senate at any time after the I" January, 1993, has ceased to hold office as such in the manner specified in the Constitution; "retired Vice-President" means a person who, having held the office of Vice-President, has ceased to hold office as such in the manner specified in the Constitution and does not include a person who served as Vice-President before the commencement of this Act; ^ 6 spouse" means the wife or husband of an entitled person who dies while holding office as such, and includes in the case of an entitled person under whose religion or custom polygamy is lawful, any person to whom the entitled person is lawfully married in accordance with the tenets of that religion or custom; "term" means a Parliamentary term unless otherwise defined by the instrument of appointment; and 3.

Subject to sections 5(3) and 15, the persons Persons entitled to entitled to the benefits conferred by this Act shall be benefits.

persons who, at any time after the Ist January, 1993, retire as Deputy President, Prime Minister, Vice-President or Speaker.

4.

(1) Despite the provisions of section 3, the circumstances under by which benefits may National Assembly may, on a motion supported the not be paid.

votes of not less than half of the members thereof, resolve that an entitled person, surviving spouse or children, as the case may be, shall not receive any benefits conferred by this Act, on the grounds that such person- (a)ceased to hold office on account of having acted in willful violation of the Constitution; (b)was guilty of gross misconduct; (c)has, since ceasing to hold office been convicted of an offence and sentenced to imprisonment for a term of three years or more, without the option of a fine; or 108 Retireinent Benefits (Depitt y President and Designated State Officers) 2015 No.

8l (d) has, since ceasing to hold office, held office in, or actively engaged in the activities of, any political party: Provided that this provision shall come into operation on the date of commencement of this Act.

(2) Where an entitled person holds any appointive or elective post in or under the Government to which there is attached a rate of pay, other than a nominal rate, the benefits to which he is entitled shall be reduced by the amount of such pay.

5.

(1) A retired Speaker of the National Assembly or Pensi and other the Senate shall, during his or her lifetime, be entitled to benefits of an entitled person.

(a) a monthly pension equal to eighty per cent of the monthly salary of the entitled person's last monthly salary while in office; (b) a lump sum payment on retirement, calculated as a sum equal to one year's salary paid for each term served in office; (c) one saloon vehicle of an engine capacity not exceeding 2000 cc which shall be replaceable once every four years; (d) one four-wheel drive vehicle of an engine capacity not exceedinc, 3000 cc which shall be replaceable once every four years; (e) a fuel allowance equal to fifteen per cent of current monthly salary of the office holder; (f) full medical and hospital cover, providing for local and overseas treatment, with a reputable insurance company for the entitled person and the entitled person's spouse; (g) the additional benefits set out in the First Schedule.

(2) Despite the provisions of this section, an entitled person who serves in office for less than a term, shall not be entitled to the benefits set out in this section but shall be entitled to (a) gratuity paid at the end of the entitled person's service at the rate of thirty-one per cent of the entitled person's salary while in office; 109 2015 Retirement Benefits (Deputy President and Designated State Officers) No.8 (b) one armed security guards who shall be provided on request by the entitled person; (c) diplomatic passports for the entitled person and his spouse; and (d) access to the VIP.

lounge at all airports within Kenya.

(3) Where an entitled person dies in service after the commencement of this Act, a lumpsum payment on death calculated as a sum equal to five times his annual salary shall become payable to his legal personal representatives.

6.

A retired Prime Minister shall, during his or her Pension and other lifetime, be entitled to benefits of a retired Prime Minister.

(a) a monthly pension equal to eighty per cent of the monthly salary of the entitled person's last monthly salary while in office; (b) a lump sum payment on retirement, calculated as a sum equal to one year's salary paid for each termed served in office; (c) two saloon vehicles of an engine capacity not exceeding 2000 cc which shall be replaceable once every four years; (d) one four-wheel drive vehicle of an engine capacity not exceeding 3000 cc which shall be replaceable once every four years; (e) a fuel allowance equal to fifteen per cent of current monthly salary of the office holder; (f) full medical and hospital cover, providing for local and overseas treatment, with a reputable insurance company for the entitled person and the entitled person's spouse; (g) the additional benefits set out in the Second Schedule.

7.

A retired Deputy President or retired Vice- Pension and other President shall, during his or her lifetime, be entitled to benefits of a retired Deputy President or retired Vice- (a) a monthly pension equal to eighty per cent of the s monthly salary of the entitled person's last Pre ident.

monthly salary while in office; 110 Retirement Benefits (Deputy President and Designated State Officers) 2015 No.

8 (b) a lump sum payment on retirement, calculated as a sum equal to one year's salary paid for each termed served in office; (c) two saloon vehicles of an engine capacity not exceeding 2000 cc which shall be replaceable once every four years; (d) one four-wheel drive vehicle of an engine capacity not exceeding 3000 cc which shall be replaceable once every four years; (e) a fuel allowance equal to fifteen per cent of current monthly salary of the office holder; (f) full medical and hospital cover, providing for local and overseas treatment, with a reputable insurance company for the entitled person and the entitled person's spouse; (g) the additional benefits set out in the Third Schedule.

8.

(1) An entitled person shall be expected to play a Role of entitled consultative and advisory role to the Government and the person.

people of Kenya.

(2) An entitled person may be requested by the Government to perform, subject to his or her concurrence, specific official functions and shall be paid a reasonable allowance in respect of such official functions.

9.

(1) Upon the death of an entitled person who is in Spouse benefits.

receipt of, or who is entitled to a pension under this Act, the surviving spouse of the entitled person shall be entitled to fifty per cent of the pension which was payable to an entitled person.

(2) In any case where there is more than one spouse entitled to benefits under subsection (1), the benefits shall be divided equally among all such spouses.

10.

A children's pension shall be payable for the Children's benefit.

benefit of an eligible child where an entitled person dies and- (a) if there is only one child, pension at the rate of twenty-five percent of the pension entitlement of the entitled person; 111M 2015 Retirement Benefits (Deputy President and Designated State Officers) No.

8 (b) if there are two or more children, a pension at the rate of fifty percent of the pension entitlement of the deceased entitled person to be divided equally for the benefit of each child.

I1.

(1) For the avoidance of doubt, an entitled person Entitled person not under this Act shall not, for the purposes of payment of a be covered under pension or provision of any other benefits, be covered any other Act.

under any other Act for the same period covered under this Act.

(2) Despite subsection (1), where an entitled person was a contributor under any other pension scheme, his or her contribution shall be returned to him or her with the applicable rate of interest.

12.

The professional and other staff required to be Staff- provided for an entitled person under the First Schedule shall be public officers, but no person shall be appointed or posted to serve on such staff except with the concurrence of the entitled person and such staff shall, in the performance of their duties, be responsible only to the entitled person.

13.

(1) An entitled person, or his surviving spouse, as Funds for expenses.

the case may be, shall, at least five months before the commencement of each financial year, submit estimates of all the expenditure required in respect of the benefits to which he is entitled under this Act for that year, to the Cabinet Secretary responsible for finance for approval.

(2) Upon approval of the estimates submitted under subsection (1), all monies, from time to time, required in respect of the benefits conferred on an entitled person or his surviving spouse by this Act shall be charged on and issued out of the Consolidated Fund without further appropriation than this Act.

(3) All other expenses incurred in the administration of the provisions of this Act shall be met out of monies appropriated by the National Assembly for that purpose.

14.

The accounts relating to the expenditure incurred Accounts and aud it.

under the provisions of this Act shall be audited and reported upon by the Auditor-General.

15.

Upon his death, an entitled person shall be 011icial ftineral.

accorded an official funeral.

112 Retirement Benefits (Deputy President and Designated State Officers) 2015 No.

8 16.

In computing the benefits due to a person entitled Computation of to benefits under this section, the benefits already received benefits.

by that person under any other law or policy shall be set-off against the benefits due under this Act.

FIRST SCHEDULE (s.

5(l)(g)) ADDITIONAL RETIREMENT BENEFITS FOR A RETIRED SPEAKER OF THE NATIONAL ASSEMBLY OR THE SENATE (a) Two drivers; (b) one personal assistant; (c) one secretary; (d) one house keeper; (e) one senior support staff; (f) one gardener; (g) one cleaner; (h) two armed security guards who shall be provided on request by the entitled person; (1) diplomatic passports for the entitled person and his spouse; maintenance expenses for the vehicles provided pursuant to this Act; (k) access to the V.I.P.

lounge at all airports within Kenya.

SECOND SCHEDULE (s.

6(g)) ADDITIONAL RETIREMENT BENEFITS FOR A RETIRED PRIME MINISTER (a) Three drivers; (b) one personal assistant; (c) one accountant; (d) two secretaries; (e) two house keepers; (f) two senior support staff; 113 Retirement Benefits (Deputy President and Designated State Officers) 2015 No.8 (g) two gardeners; (h) two cooks; (i) two cleaner; armed security guards who shall be provided on request by the entitled person; (k) diplomatic passports for the entitled person and his or her spouse; (1) office and office equipment; (in) maintenance expenses for the vehicles provided pursuant to this Act; (n) access to the V.I.P.

lounge 11 at all airports within Kenya.

THIRD SCHEDULE (s.

7(g)) ADDITIONAL RETIREMENT BENEFITS FOR A RETIRED DEPUTY PRESIDENT OR RETIRED VICE-PRESIDENT (a) Two drivers; (b) one personal assistant; (c) one accountant; (d) one secretary; (e) two house keeper; (f) two senior support staff; (g) two cooks; (h) two gardeners; (i) two cleaners; armed security guards who shall be provided on request by the entitled person; (k) diplomatic passports for the entitled person and his or her spouse; (1) office and office equipment; (in) maintenance expenses for the vehicles provided pursuant to this Act; (n) access to the VIP.

lounge 11 at all airports within Kenya.

.