Related documents
- Is amended by Kenya (Amendment of Laws) (Written Laws) Order, 1963
LAWS OF KENYA
WIDOWS' AND ORPHANS' PENSION ACT
CAP. 192
- Published in Kenya Gazette Vol. XXIII—No. 763 on 23 March 1921
- Assented to on 15 March 1921
- Commenced on 15 March 1921
- [Amended by Missing Act (Act No. 11 of 1949) on 1 January 1949]
- [Amended by Missing Act (Act No. 42 of 1956) on 1 January 1956]
- [Amended by Widows' and Orphans' Pension (Amendment) Act, 1964 (Act No. 17 of 1964) on 1 April 1960]
- [Amended by Widows' and Orphans' Pension (Amendment) Ordinance, 1960 (Act No. 9 of 1960) on 12 April 1960]
- [Amended by Widows' and Orphans' Pension (Amendment) Ordinance, 1961 (Act No. 8 of 1961) on 15 July 1961]
- [Amended by Missing Act (Act No. 29 of 1963) on 1 January 1963]
- [Amended by Kenya (Amendment of Laws) (Written Laws) Order, 1963 (Legal Notice 2 of 1964) on 12 December 1963]
- [Amended by Kenya Independence (Amendment of Laws) (Widows' and Orphans' Pensions) Order, 1964 (Legal Notice 157 of 1964) on 26 May 1964]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1966 (Act No. 21 of 1966) on 12 July 1966]
1. Short title
This Act may be cited as the Widows’ and Orphans’ Pensions Act.2. Interpretation
3. Who shall become contributors
4. Exemption in case of contributor to Oversea Superannuation Scheme
5. Who shall not be contributors
6. Officers in services common to more than one East African Government
7. Rates of contribution
| Column £ | Column 2£ | Column 3£ |
|---|---|---|
| — | 275 | 12 |
| 275 | 300 | 15 |
| 300 | 400 | 18 |
| 400 | 500 | 24 |
| 500 | 600 | 30 |
| 600 | 720 | 36 |
| 720 | 840 | 42 |
| 840 | 920 | 48 |
| 920 | 1,100 | 54 |
| 1,100 | 1,200 | 60 |
| 1,200 | 1,300 | 65 |
8. Power to vary rate of contribution
Notwithstanding the provisions of paragraph (a) of subsection (1) of section 7 of this Act, an officer who is contributing at a rate of not less than £60 a year may vary his future contributions as follows—9. Salary only to determine rates of contribution
For the purpose of fixing the rate of contribution, no regard shall be had to any personal, duty or acting allowance, nor to any other receipts, emoluments or advantages of any kind which the officer may receive or enjoy; but the contribution shall be assessed with regard only to the amount of the salary, including overseas addition or personal inducement allowance, of the definite post held by the officer without previous deduction of the amount of his contributions.[Act No. 9 of 1960, s. 5, Act No. 29 of 1963, s. 4.]10. Period and manner of contribution
11. Officers from Palestine may become contributors
Notwithstanding anything contained in this Act, any officer who was a contributor under the Widows’ and Orphans’ Pensions Act, 1944, of Palestine immediately before the termination of His Majesty’s jurisdiction in Palestine, and who is transferred to the service of the Government of Kenya, may become a contributor if, not later than three months after such transfer or after the 25th August, 1948, whichever is the later, such officer makes a lump sum payment under the provisions of this Act, equal to the accumulated contributions he has paid under such Palestine Act.[Act No. 11 of 1949, s. 2.]12. Lump sum payable by contributors transferred from Cyprus
13. How contributions to be brought to account
All contributions under this Act shall be paid into, or credited by the Crown Agents to, the Treasury of Kenya or the funds of the Community, as the case may be.14. Registers of contributors to be kept
Registers shall be kept by the Crown Agents, in which shall be entered the date of the birth of every contributor and, if he is married, the dates of the births of his wife and children (if any), particulars of his contributions, and all other dates and particulars respecting contributors and their families material to be recorded for the purposes of this Act.15. Information to be furnished by contributors and widows
16. Penalty for non-compliance or false statement
17. Pension when officer with beneficiaries dies
Upon the death of a contributor who is married or a widower with children of a pensionable age, the full pension registered in his name shall be payable subject to the other provisions of this Act.18. Calculation of pensions and mode of charge
The Crown Agents shall calculate the pensions payable under this Act and shall pay the pensions as they become due; and they shall charge the sums so paid as well as any refunds of contributions made in accordance with this Act as follows—19. Pensions to beneficiaries
Subject to the provisions of this Act—20. Pension to widow
21. Pensions to children
22. Pensions to adopted children
23. Who not entitled to pension
24. Consequence of dismissal for misconduct
Notwithstanding any other provisions of this Act, a contributor who is dismissed from the East African Service or other public service for misconduct shall cease to contribute under this Act, and—25. Pension; when to commence, and how payable
All pensions payable under this Act shall commence upon the death of the contributor in respect of whom they are payable, shall accrue daily and shall be payable monthly in arrear:Provided that a pension may be payable quarterly instead of monthly if the pensioner so desires.26. Allowance in lieu of pension to widow on bankruptcy
If a widow’s pension ceases in her lifetime by reason of her bankruptcy, and there are no children of hers to whom such pension can be continued in accordance with subsection (3) of section 20 of this Act, the Crown Agents, with the approval of the East African Government in which the contributor last served, may, from time to time, during the remainder of her life, or during such shorter period or periods, either continuous or discontinuous, as is thought fit, pay to such widow an allowance at a rate not exceeding the rate of such pension, or may apply the same for the maintenance and personal support or benefit of such widow, in such manner as the Crown Agents may, from time to time, think proper.[L.N. 157/1964.]27. Pension not to be assigned or levied upon
No pension payable under this Act, and no rights of any contributor acquired thereunder, shall be assignable or transferable or liable to be attached, sequestered or levied upon for, or in respect of, any debt or claim whatsoever.28. Payment of pension in case of desertion of child
If the widow of a contributor, while in receipt of a pension, does not assist or deserts or abandons a child of hers by the contributor whom she is bound by law to maintain and who is of a pensionable age, the Crown Agents may, in their discretion, pay to a fit and proper person on behalf of such child such portion of the pension as they may think fit, and the widow shall have no further claim in respect of such portion.29. Discretion as to payment of minor’s pension
In all cases where under this Act the parties entitled to pensions are minors, such pensions may be paid, either to the legal guardian or guardians of such minors, or to such minors, or to such person or persons as the Crown Agents may, in their absolute discretion, think fit and proper persons to apply the same for the benefit of such minors, and after such payment the Crown Agents and this Government shall be free from all responsibility in respect of such payment.30. Proof of title may be required before payment of pension
The Crown Agents may require such proof as they deem desirable that any person claiming to be entitled to pension, or on behalf of whom such claim is made, is alive and entitled to pension, and the payment of any pension may be refused until such proof is furnished to the satisfaction of the Crown Agents.31. Increases of contributions
Increases of contributions shall rank for the purpose of calculating pensions as if they were fresh entrances at the respective ages of husband and wife when the increase takes place.32. Contributions may continue in full if salary reduced
If the salary of a contributor is reduced so that he comes under a lower scale of contribution under section 7 of this Act, he may, upon giving notice in writing to the Crown Agents of his desire to do so, continue to contribute at the rate formerly paid, in which case his widow or children shall be entitled to pension accordingly, but if his rate of contribution is reduced any pension to his widow or children shall be reduced in the same proportion as it would have been increased had his rate of contributions been raised instead of lowered.33. Refund of contributions to bachelor or widower without children of pensionable age
34. Option to continue payments
35. Contributions repayable in certain cases
If a contributor leaves the East African Service and is transferred to any other public service, and while in such public service becomes a widower, without children of pensionable age, and subsequently retires or otherwise leaves such public service, or dies, there shall be payable to him, or to his legal representative, the total amount of contributions which he has paid since the death of his last wife or the ceasing to be of pensionable age of his last child, whichever event last happened, together with compound interest thereon calculated with annual rests at the rate of two and one-half per centum.36. Contributor married or widower with pensionable children leaving East African Service
37. Option to contributor retiring on pension to cease or continue contributing
38. Pension payable when pensionable officer retires on account of ill-health and dies within two years
If a contributor who is married or who is a widower with children of pensionable age and who has not served the period necessary to qualify him for pension but who is otherwise eligible therefor retires from the East African Service or other public service on a medical certificate before his period of contribution has expired, ceases to contribute and dies within two years of the date of his retirement, the full pension registered in his name on the date immediately preceding his retirement shall be payable subject to the other provisions of this Act.39. Registered pension in case of non-pensionable officer leaving service
40. Periodic revision of pension tablets
41. Questions to be decided by President
All questions and disputes as to who is entitled to be deemed a contributor, or as to the right of a widow or child to a pension, or as to the amount of such pension, or as to the rights or liabilities of any person under this Act, shall be referred by the Crown Agents to the East African Government in which the European officer concerned is serving or last served, and the decision of the President shall be binding and conclusive on all parties, and shall be final to all intents and purposes and shall not be subject to appeal or be questioned or revised by any court of justice.[L.N. 157/1964.]42. Cost of management of scheme
This Government shall bear such proportion as the President may from time to time determine of the cost of the management of the scheme, including the amount of any expenditure incurred by the directions of the President for actuarial advice or investigations in connection with the scheme.[L.N. 157/1964.]43. Rules and regulations
The President may make rules and regulations not inconsistent herewith for the proper carrying out of the provisions of this Act.[L.N. 157/1964.]44. Notices of election irrevocable
Unless otherwise provided by this Act, all notices of election given by officers under this Act shall be irrevocable.45.- Rates of exchange
For the payment of contributions or of pensions under this Act, the rate or rates of exchange, in all cases where conversion is necessary from sterling to any other currency, shall be such as may be fixed from time to time by this Government for such purposes.46. Officers on war service
History of this document
12 July 1966 this version
26 May 1964
12 December 1963
01 January 1963
Amended by
Missing Act
15 July 1961
12 April 1960
01 April 1960
01 January 1956
Amended by
Missing Act
01 January 1949
Amended by
Missing Act
23 March 1921
15 March 1921
Assented to
Commenced
Cited documents 0
Subsidiary legislation
|
Title
|
|
|---|---|
| The Widows' and Orphans Pension Ordinance - Notice | Legal Notice 613 of 1963 |
| The Widows' and Orphans Pension Ordinance - Notice | Gazette Notice 658 of 1934 |
| The Widows' and Orphans' Pension Ordinance - Approved Scheme | Gazette Notice 264 of 1930 |