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The Kenya Ports Authority (Pensions) (Increase) Regulations

Legal Notice 78 of 1983

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The Kenya Ports Authority (Pensions) (Increase) Regulations
Citation
Legal Notice 78 of 1983
Primary work
Kenya Ports Authority Act
Date
31 December 2022
Language
English
Type
Legal Notice
Original enactment
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LAWS OF KENYA

KENYA PORTS AUTHORITY ACT

THE KENYA PORTS AUTHORITY (PENSIONS) (INCREASE) REGULATIONS

LEGAL NOTICE 78 OF 1983

  • Published in Kenya Gazette Vol. LXXXV—No. 26 on 20 May 1983
  • Commenced on 1 January 1978
  1. [Amended by Kenya Ports Authority(Pensions) (Increase) (Amendment) Regulations, 1983 (Legal Notice 122 of 1983) on 22 July 1983]
  2. [Amended by Kenya Ports Authority (Pensions) (Increase) (Amendment) Regulations, 1991 (Legal Notice 508 of 1991) on 28 March 1991]
  3. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation and commencement

These Regulations may be cited as the Kenya Ports Authority (Pensions) (Increase) Regulations and shall be deemed to have come into force on the 1st January 1978.

2. Interpretation

In these Regulations, unless the context otherwise requires—"Authority" means the Kenya Ports Authority;"Board" means the Board of Directors of the Authority;"government" means one of the following—
(a)the Government of Uganda;
(b)the Government of Tanzania;
(c)the East African High Commissioner the East African Common Services Organization in respect of both the self-contained and the non-self- contained services and the East African Community in respect of the Corporations and the General Fund Services of the East African Community;
"pension" means a pension or other benefit payable by way of periodical payments, but does not include any gratuity or any sum payable otherwise than by way of periodical payments nor the whole or any portion of a pension which has been commuted;"pension authority" means, in relation to any pension, the authority by whom the pension is payable;"the Pensions Regulations" means the Kenya Ports Authority (Pensions) Regulations, 1983 (L.N. 77/1983);"public service" has the meaning assigned to it in regulation 2 of the pensions regulations;"the revoked regulations" means the regulations revoked by regulation 14;"scheduled pension" means a pension awarded under any of the regulations specified in the First Schedule and payable out of the funds of the Authority.

3. Increase of scheduled pensions

(1)Subject to the provisions of these Regulations, there shall be paid with effect from 1st January, 1988, on every scheduled pension the appropriate increase specified in relation thereto in the Second Schedule.
(2)No increase shall be payable under this regulation—
(a)on any scheduled pension which became payable on or after 1st January, 1978, where the amount of pension is calculated by reference to a salary received on or after 31st December, 1977;
(b)on any pension to which the Pensions (Increase) (Amendment) Act, 1979 (No. 4 of 1979), applies;
(c)Deleted by L.N. 122/1983;
(d)except to—
(i)a pensioner who has attained the age of fifty years or who has retired under the East African Harbours (Special) Retirement Scheme Regulations, 1974;
(ii)a person who has retired on grounds of ill health;
(iii)a person who is permanently incapacitated from engaging in full-time employment;
(iv)a woman who has at least one dependant;
(v)a woman who is in receipt of a widows and orphans pension under the East African Harbours Corporation Widows’ and Orphans’ Pensions Regulations E.A. Cap. 19 (Sub. Leg.), and who has attained the age of forty years;
(vi)a person who is, under the age of sixteen years.
(3)In the case of an additional pension granted under regulation 37 of the East African Railways and Harbours Pensions Regulations, regulation 33 of the East African Harbours Corporation Pensions Regulations, or regulation 34 of the Pensions Regulations, the appropriate increase specified in the Second Schedule shall be payable as if that additional pension had commenced at the date of the injury giving rise thereto.
(4)Notwithstanding the revocation of the East African Harbours Corporation Pensions (Increase) Regulations (E.A. Cap. 19, Sub. Leg.), nothing in this Regulation shall operate so as to reduce the amount of an increase, or deprive any person of an increase, payable under this Regulation.[L.N. 122/1983.]

4. Amount of increase discretionary in certain cases

Where a scheduled pension is determined by reference to a rate of emoluments paid by a government other than the Government of Kenya, the payment of any, and if so how much, increase in accordance with the provisions of regulation 3 shall be at the discretion of the Authority who shall have regard to the emoluments on which that pension was computed and to any general revision of salaries by which such emoluments have been increased.

5. Provisions in case of other public service

Where a person is or becomes eligible for a scheduled pension and in addition thereto is or becomes eligible for a pension or pensions in respect of other public service, the amount by which that scheduled pension shall be increased under these Regulations shall be an amount as bears the same proportion to the amount by which the aggregate of the scheduled pension and that pension or pensions in respect of other public service would have been increased under these Regulations had the aggregate amount been wholly payable from the funds of the Authority as his scheduled pension bears to the aggregate amount of that scheduled pension and that pension or pensions in respect of other public service.

6. Application of general provisions

Subject to these Regulations, any provision made by or under any written law shall, in so far as it relates to the apportionment of the cost of 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 these Regulations as it has effect in relation to the scheduled pension in respect of which the increase is payable.

7. Increase payable by the Authority

Where a scheduled pension is increased under these Regulations, the cost of the increase shall be charged on and paid out of the funds of the Authority.

8. Pensioner deemed in receipt of scheduled pension

Where under the provisions of any written law a scheduled pension which is payable to any pensioner is being paid to some other person, the pensioner shall, for the purpose of these Regulations, be deemed to be in receipt thereof.

9. Penalty for false statements, etc.

Any person who for the purpose of obtaining either for himself or for another person a sum which is payable under these Regulations, knowingly makes a false statement, shall be guilty of an offence and liable to a fine not exceeding one thousand shillings or to imprisonment for a term not exceeding two months or to both.

10. Minister may declare any pension a scheduled pension

The Minister may, by order, declare any pension or class of pension to be a scheduled pension for the purposes of these Regulations.

11. Provision for granting of an allowance in certain cases

(1)Where a pension under the written laws specified in the First Schedule is or became payable to a beneficiary on or after 1st July, 1963, and that pension is less than the aggregate of—
(a)the registered pension, if any, in respect of that beneficiary on the 30th June, 1963, together with the increases which would be payable under these Regulations if the pension had become payable on the 30th June, 1963;
(b)the registered pension, if any, in respect of that beneficiary on the 30th June, 1966, together with the increases which would be payable under these Regulations if the pension had become payable on the 30th June, 1966;
(c)the registered pension, if any, in respect of that beneficiary on the 31st December, 1971, together with the increases which would be payable under these Regulations if the pension had become payable on the 31st December, 1971;
(d)the registered pension, if any, in respect of that beneficiary on the 31st December, 1977, together with any increase which would be payable under these Regulations if the pension had become payable on the 31st December, 1977, there shall be granted to that beneficiary an allowance equal to the amount of the difference between that pension and whichever of those aggregates is appropriate.
(2)For the purposes of this Regulation—"pension" means a pension payable in respect of contributions made by the contributor while he was in the service of the Authority;"service of the Authority" has the same meaning assigned to it in regulation 2 of the Pensions Regulations.

12. Disputes under regulations to be determined by the Minister

Where a dispute relating to the interpretation or application of these Regulations arises, the dispute shall be determined by the Minister.

13. E.A. Cap. 19 (Sub. Leg.)

The East African Harbours Corporation Pensions (Increase) Regulations shall cease to have the force of law in Kenya.
   
   
   

FIRST SCHEDULE [r. 2]

REGULATIONS AND SCHEDULED PENSIONS

1.The East African Harbours Corporation Pensions Regulations.
2.Any enactment or regulations referred to in regulation 39 of the East African Harbours Corporation Pensions Regulations or repealed or revoked by any enactment or regulations so referred to.
3.The East African Railways and Harbours Supperannuation Fund Regulations.

SECOND SCHEDULE [r 3(1)]

SCHEDULED PENSION INCREASE

[L.N. 508/1991, r.2.]
PensionIncrease
Pensions commencing before 29thMarch, 1978. 
1. Not exceeding £144 p.a.....£283 p.a. or 120 per cent of the pension whichever is greater.
2. Exceeding £144 p.a. but not exceeding £165 p.a.£283 p.a. plus 133.5 per cent of the amount by which pension exceeds £144 p.a.
3. Exceeding £165 p.a. but not exceeding £244 p.a.£311 p.a. plus 137 per cent of the amount by which pension exceeds £244 p.a.
4. Exceeding £247 p.a. but not exceeding £447 p.a.£419 p.a. plus 144.3 per cent of the amount by which pension exceeds £244 p.a.
5. Exceeding £447 p.a. but not exceeding £862.50 p.a.£712 p.a. plus 128 per cent of the amount by which pension exceeds £447 p.a.
6. Exceeding £862 p.a. but not exceeding £1,159 p.a.£1,551 p.a. plus 101.5 per cent of the amount by which pension exceeds £1,159 p.a.
7. Exceeding £1,159 p.a. but notexceeding £1,507 p.a.Proceedings on creditor's application
8. Exceeding £1,507 p.a. but notexceeding £2,128 p.a.£1,913 p.a. plus 106.5 per cent of the amount by which pension exceeds £1,507 p.a.
9. Exceeding £2,128 p.a.£2,574 p.a. plus 109 per cent of the amount bywhich the pension exceeds £2,128 p.a.
PensionIncrease
Pensions commencing between the 30th March, 1978 and 2nd October, 1980 (both days inclusive).
1. Not exceeding £175 p.a. ...£252 p.a. or 99 per cent of the pension whicheveris greater.
2. Exceeding £175 p.a. but notexceeding £196 p.a.£252 p.a. plus 113.5 per cent of the amount by which pension exceeds £175 p.a.
3. Exceeding £196 p.a. but notexceeding £298 p.a.£276 p.a. plus 116 per cent of the amount by which pension exceeds £196 p.a.
4. Exceeding £298 p.a. but notexceeding £548 p.a.£394 p.a. plus 125 per cent of the amount by which pension exceeds £298 p.a.
5. Exceeding £548 p.a. but notexceeding £991 p.a£707 p.a. plus 114 per cent of the amount which pension exceeds £548 p.a.
6. Exceeding £991 p.a. but notexceeding £1,279 p.a. ...£1,212 p.a. plus 93 per cent of the amount bywhich pension exceeds £991 p.a.
7. Exceeding £1,279 p.a. but notexceeding £2,039 p.a. ...£1,480 p.a. plus 78 per cent of the amount by which the pension exceeds £1,279 p.a.
8. Exceeding £2,093 p.a. but notexceeding £2,990 p.a. ...£2,115 p.a. plus 55 per cent of the amount by which pension exceeds £2,093 p.a.
9. Exceeding £2,990 p.a. £2,608 p.a.plus 63 per cent of the amount by which pension exceeds £2,990 p.a.
PensionIncrease
Pensions commencing between 3rd October, 1980 and 20th May, 1983 (both days inclusive).
1. Not exceeding £215 p.a. ...2. Exceeding £215 p.a. but not exceeding £323 p.a. ...3. Exceeding £323 p.a. but notexceeding £477 p.a. ...4. Exceeding £477 p.a. but notexceeding £827 p.a.5. Exceeding £827 p.a. but notexceeding £1,258 p.a.6. Exceeding £1,258 p.a. but not exceeding £1,818 p.a. ...7. Exceeding £1,818 p.a. but notexceeding £2,401 p.a.8. Exceeding £2,401 p.a. but notexceeding £2,964 p.a.9. Exceeding £2,964 p.a. £1,840 p.a.£212 or 75 per cent of the pension whichever is greater.£212 p.a. plus 58 per cent of the amount by which pension exceeds £215 p.a.£275 p.a. plus 55 per cent of the amount by which pension exceeds £323 p.a.£360 p.a. plus 63 per cent of the amount by which pension exceeds £477 p.a.£581 p.a. plus 81 per cent of the amount by which pension exceeds £827 p.a.£930 p.a.plus 55 per cent of the amount bywhich pension exceeds £1,258 p.a.£1,238 p.a. plus 50 per cent of the amount by which pension exceeds £1,818 p.a.£1,530 p.a. plus 55 per cent of the amount by which pension exceeds £2,401 p.a.plus 63 per cent of the amount bywhich pension exceeds £2,964 p.a
PensionIncrease
Pensions commencing between 20th May, 1983 to 1st August, 1983 (both days inclusive).
1. Not exceeding £258 p.a.2. Exceeding £258 p.a. but not exceeding £388 p.a. ..3. Exceeding £388 p.a. but notexceeding £572 p.a. . ..4. Exceeding £572 p.a. but notexceeding £992 p.a. ..5. Exceeding £992 p.a. but notexceeding £1,509 p.a.6. Exceeding £1,509 p.a. but notexceeding £2,182 p.a. ...7. Exceeding £2,182 p.a. but notexceeding £2,882 p.a. ...8. Exceeding £2,882 p.a. but notexceeding £3,556 p.a. ...9.Exceeding £3,556 p.a. ...£169 p.a. or 55 per cent of the pension whichever is greater.£169 p.a. plus 38 per cent of the amount by which pension exceeds £88 p.a.£218 p.a. plus 35 per cent of the amount by which pension exceeds £388 p.a.£282 p.a. plus 43 per cent of the amount by which pension exceeds £572 p.a.£463 p.a. plus 61 per cent of the amount by which pension exceeds £992 p.a.£728 p.a. plus 35 per cent of the amount by which pension exceeds £1,509 p.a.£964 p.a. plus 30 per cent of the amount by which pension exceeds £2,182 p.a.£1,174 p.a.plus 35 per cent of the amount by which pension exceeds £2,882 p.a.£1,410 p.a. plus 43 per cent of the amount by which pension exceeds £3,556 p.a.
PensionIncrease
Pensions commencing between 2nd August, 1983 to 1st July,1985 (both days inclusive
1. Not exceeding £287 p.a.£140 p.a. or 43 per cent of the pension whicheveris greater.
2. Exceeding £287 p.a. but notexceeding £442 p.a.£140 p.a. plus 23 per cent of the amount by which the pension exceeds £287 p.a.
3. Exceeding £442 p.a. but notexceeding £653 p.a.£176 p.a. plus 21 per cent of the amount by which the pension exceeds £442 p.a.
4. Exceeding £653 p.a. but notexceeding £1,095 p.a. ...£220 p.a. plus 33 per cent of the amount by which the pension exceeds £653 p.a.
5. Exceeding £1,095 p.a. but notexceeding £1,509 p.a. ...£366 p.a. plus 61 per cent of the amount by which the pension exceeds £1,095 p.a.
6. Exceeding £1,509 p.a. but notexceeding £2,182 p.a. ...£619 p.a. plus 35 per cent of the amount by which the pension exceeds £1,509 p.a.
7. Exceeding £2,182 p.a. but notexceeding £2,882 p.a. ...£855 p.a. plus 30 per cent of the amount by which the pension exceeds £2,182 p.a.
8. Exceeding £2,882 p.a. but notexceeding £3,556 p.a. ... .£1,065 p.a. plus 35 per cent of the amount by which the pension exceeds £2,882 p.a.
9. Exceeding £3,556 p.a.£1,301 p.a. plus 43 per cent of the amount bywhich the pension exceeds £3,556 p.a
PensionIncrease
Pensions commencing between 2nd July, 1985 to 1st July, 1986 (both days inclusive).
1. Not exceeding £287 p.a.£140 p.a. or 43 per cent of the pension whichever is greater.
2. Exceeding £282 p.a. but notexceeding £442 p.a..£140 p.a. plus 23 per cent of the amount by which pension exceeds £287 p.a
3. Exceeding £442 p.a. but notexceeding £653 p.a.£177 p.a. plus 21 per cent of the amount by which the pension exceeds £442 p.a.
4. Exceeding £653 p.a. but notexceeding £1,095 p.a.£221 p.a. plus 33 per cent of the amount by which the pension exceeds £653 p.a.
5. Exceeding £1,095 p.a. but notexceeding £1,718 p.a.£367 p.a. plus 46 per cent of the amount by which pension exceeds £1,095 p.a.
6. Exceeding £1,718 p.a. but notexceeding £2,400 p.a.£654 p.a. plus 25 per cent of the amount by which pension exceeds £1,718 p.a.
7. Exceeding £2,400 p.a. but notexceeding £3,054 p.a.£855 p.a. plus 30 per cent of the amount by which the pension exceeds £2,182 p.a.
8. Exceeding £3,054 p.a. but notexceeding £3,943 p.a.£969 p.a. plus 26 per cent of the amount by which pension exceeds £3,054 p.a.
9. Exceeding £3,943 p.a.£1,200 p.a. plus 32 per cent of the amount by which pension exceeds £3,987 p.a.
Pension Increase 
Pensions commencing between 2nd July, 1986 to 1st July, 1987 (both days inclusive).
1. Not exceeding £358 p.a.£69 p.a. or 19 per cent of the pension whichever is greater.
2. Exceeding £358 p.a. but notexceeding £485 p.a.£69 p.a. plus 9 per cent of the amount by which pension exceeds £358 p.a.
3. Exceeding £485 p.a. but notexceeding £696 p.a.£80 p.a. plus 11 per cent of the amount by which pension exceeds £485 p.a.
4. Exceeding £696 p.a. but notexceeding £1,170 p.a.£103 p.a. plus 25 per cent of the amount by which pension exceeds £696 p.a.
5. Exceeding £1170 p.a. but notexceeding £1,898 p.a.£222 p.a. plus 35 per cent of the amount by which pension exceeds £1,170 p.a.
6. Exceeding £1,848 p.a. butexceeding £2,616 p.a.£477 p.a. plus 16.1 per cent of the amount by which pension exceeds £1,898 p.a.
7. Exceeding £2,656 p.a. butexceeding £3,606 p.a.£633 p.a. plus 7 per cent of the amount by which pension exceeds £2,616 p.a. .
8. Exceeding £3,606 p.a. but notexceeding £5,042 p.a.£700 p.a. plus 4 per cent of the amount by which pension exceeds £3,606 p.a.
9. Exceeding £5,042 p.a.£757 p.a. plus 4 per cent of the amount by which pension exceeds £5,042 p.a
PensionIncrease
Pensions commencing between 2nd July, 1987 to 1st July, 1988 (both days inclusive).
1. Not exceeding £358 p.a.£69 p.a. or 20 per cent of the pension whichever is greater.
2. Exceeding £358 p.a. but notexceeding £485 p.a.£69 p.a. plus 9 per cent of the amount by which the pension exceeds £358 p.a.
3. Exceeding £485 p.a. but notexceeding £696 p.a.£80 p.a. plus 11 per cent of the amount by which the pension exceeds £485 p.a.
4. Exceeding £696 p.a. but notexceeding £1,170 p.a.£103 p.a. plus 25 per cent of the amount by which pension exceeds £616 p.a.
5. Exceeding £1,170 p.a. but notexceeding £2,083 p.a.£212 p.a. plus 26 per cent of the amount by which pension exceeds £1,170 p.a.
6. Exceeding £2,038 p.a. but notexceeding £2,964 p.a.£438 p.a. plus 4 per cent of the amount by which pension exceeds £2,964 p.a.
7. Exceeding £2,964 p.a. but notexceeding £3,943 p.a. ...£475 p.a. plus 7 per cent of the amount by whichpension exceeds £2,964 p.a.
8. Exceeding £3,943 p.a. but notexceeding £5,336 p.a.£544 p.a. plus 4 per cent of the amount by which pension exceeds £3,943 p.a.
9. Exceeding £5,386 p.a.£600 p.a. plus 4 per cent of the amount by which pension exceeds £5,386 p.a.
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History of this document

31 December 2022 this version
28 March 1991
22 July 1983
20 May 1983
01 January 1978
Commenced

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