Non-Designated Expatriate Officers (Retiring Benefits) Act

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REPUBLIC OF ZAMBIA
THE NON-DESIGNATED EXPATRIATE OFFICERS
(RETIRING BENEFITS) ACT
CHAPTER 280 OF THE LAWS OF ZAMBIA
CHAPTER 280 THE NON-DESIGNATED EXPATRIATE OFFICERS (RETIRING
BENEFITS) ACT
THE NON-DESIGNATED EXPATRIATE OFFICERS
(RETIRING BENEFITS) ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Retirement
4. Supersession of certain entitled officers
5. Date of retirement and pension of entitled officer entering contract of
re-employment under Government
6. Benefits in respect of leave, passages and baggage facilities for certain entitled
officers
7. Special gratuity on the death of certain entitled officers
8. Grant of pensions and gratuities
9. Additional pension or gratuity payable to certain entitled officers
10. Additional pension or gratuity payable to certain retired officers re-employed
11. Place of payment and rate of exchange
12. Application of the Pensions Laws
13. Exemption from tax
14. Transitional provisions

officers re-employed
11. Place of payment and rate of exchange
12. Application of the Pensions Laws
13. Exemption from tax
14. Transitional provisions

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SCHEDULE -Instructions for obtaining the appropriate factor
CHAPTER 280
NON-DESIGNATED EXPATRIATE OFFICERS (RETIRING BENEFITS)
75 of 1965
6 of 1967
An Act to implement the scheme of retirement benefits for non-designated
expatriate officers; and to provide for matters incidental thereto or connected
therewith.
[7th January, 1966]
1. This Act may be cited as the Non-Designated Expatriate Officers (Retiring
Benefits) Act.
Short title

to or connected
therewith.
[7th January, 1966]
1. This Act may be cited as the Non-Designated Expatriate Officers (Retiring
Benefits) Act.
Short title

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2.

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2.

(1) In this Act, unless the context otherwise requires-
"the appropriate authority"-
(a) in relation to an entitled officer who is a police officer below the rank
of Assistant Superintendent, means the Commissioner of Police;
(b) in relation to an entitled officer who is a member of the Zambia
Prison Service below the rank of Superintendent, means the
Commissioner of Prisons;
(c) in relation to any other entitled officer, means the appropriate
Commission;
"the appropriate Commission" has the meaning assigned thereto by the
Constitution;
"confirmed officer" means an officer in the public service-
(a) who, on the operative date, had been confirmed in his appointment
in the public service; or
(b) who, while serving on probation or as an officer on probationary
agreement, is confirmed in his appointment in the public service; or
(c) who, at any time prior to his transfer to the public service, was an
established officer or confirmed employee in the public service of
the former Federation of Rhodesia and Nyasaland;
"entitled officer" means a confirmed officer-
(a) who is a citizen of a country other than Zambia, whether or not he is
also a citizen of Zambia; and
(b) who, but for the provisions of this Act, would be eligible to be
granted an additional pension under regulation 12 of the Pensions
Regulations (without taking the provisos to that regulation into
account) in the event of his retirement in consequence of the
abolition of his office; and
(c) who is not a designated officer for the purposes of the -Overseas
Service (Northern Rhodesia) Agreement, 1961; and
(d) who has not received and is not eligible to receive any
compensation or other benefit under the Zambia (Compensation
and Retiring Benefits) Order, 1964;
"General Orders" means the General Orders of the Government;
"the Government" means the Government of Zambia or, in respect of any period
before the 24th October, 1964, the Government of the former Protectorate
of Northern Rhodesia;
"officer on probationary agreement" means an officer, who is serving the
Government for a tour of duty under an agreement entered into between
him and the Government and who-
(a) having entered into the agreement before he attained the age of
forty-five years, is eligible under General Orders to be confirmed in
his appointment in the public service on the completion of his tour of
duty subject only to satisfactory service and the fulfilment of any
examination obligations; or
(b) has been given on behalf of the Government a formal and written
commitment to confirm him in his appointment in the public service
on a specified date or after a specified period subject only to
satisfactory service and the fulfilment of any examination
obligations;
"operative date" means the 10th January, 1964;
" i bl l t " l t th t b t k i t t i
Interpretation
Cap.

the fulfilment of any examination
obligations;
"operative date" means the 10th January, 1964;
" i bl l t " l t th t b t k i t t i
Interpretation
Cap.

1
Cap. 4
Cap. 266

1
Cap. 4
Cap. 266

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(2) For the purposes of this Act-
(a) a person whose office has been abolished and who retires in consequence
of the abolition of his office shall be deemed to be the substantive holder of
that office during the period between the date on which the office was
abolished and the date of the expiration of any leave of absence granted to
him pending his retirement;
(b when an officer on probation is required to retire-
(i) under section 16 of the Zambia Independence Order, 1964; or
(ii) in consequence of injury or ill health; or
(iii) in consequence of the abolition of his office or for the purpose of
facilitating improvements in the organisation of the part of the public
service to which he belongs by which greater economy or efficiency
may be effected; or
(iv) on the grounds of age in accordance with the provisions of the
Pensions Laws;
he shall be deemed to have been confirmed in his appointment in the public
service immediately before the day upon which he was given notice
requiring him to retire;
(c) when the appointment of an officer on probationary agreement is
terminated for reasons which, if he had been an officer on probation,
paragraph (b) would have applied to him, he shall be deemed to have been
confirmed in his appointment in the public service immediately before the
day upon which he was given notice of the termination of his appointment.

en
confirmed in his appointment in the public service immediately before the
day upon which he was given notice of the termination of his appointment.

(3) An entitled officer who is required to retire and who, immediately before being so
required acted for a period of six months to the satisfaction of the appropriate authority in
an office the pensionable emoluments of which were higher than those of the office of
which he was the substantive holder, shall be deemed to have been confirmed in the
office in which he was acting. 3. (1) Subject to the provisions of this section, an entitled officer may, after giving to
the appropriate authority notice of his intention to do so, being-
Retirement
(a) the prescribed period of notice; or
(b) such shorter period of notice as the appropriate authority may accept;
retire under this section at any time:

the prescribed period of notice; or
(b) such shorter period of notice as the appropriate authority may accept;
retire under this section at any time:

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Provided that-
(i) in the case of an officer who is not on leave of absence after
completing a tour of duty at the time when he gives notice of his
intention to retire under this section and who, if he gave the
prescribed period of notice, would serve a tour of duty exceeding
thirty-six months, the appropriate authority shall accept such shorter
period of notice as will enable the officer, after completing a tour of
duty of thirty-six months, to proceed on leave of absence pending
retirement without returning to Zambia for further duty;
(ii) in the case of an officer who is not on leave of absence after
completing a tour of duty at the time when he gives notice of his
intention to retire under this section and who, before he gives such
notice, has been granted permission to proceed on leave of
absence after completing a tour of duty on a date within six months
of the date on which he gives such notice, the appropriate authority
shall accept such shorter period of notice as will enable the officer to
proceed on such leave of absence pending retirement without
returning to Zambia for further duty;
(iii) in the case of an officer who is on leave of absence after completing
a tour of duty at the time when he gives notice of his intention to
retire under this section, the appropriate authority shall, unless it
considers that it is essential in the public interest that the officer be
required to return to Zambia for further duty, waive any period of
notice required under this section.

tial in the public interest that the officer be
required to return to Zambia for further duty, waive any period of
notice required under this section.

(2) An entitled officer who has given notice of his intention to retire under this
section on any date may, with the consent of the appropriate authority, withdraw that
notice at any time before that date. (3) No entitled officer shall retire under this section without the permission of the
appropriate authority:
Provided that the appropriate authority shall not withhold permission unless
disciplinary proceedings are being taken, or are about to be taken, against the officer and
those proceedings might lead to his dismissal. (4) An entitled officer-
(a) who is permitted to retire by reason of injury or ill health; or
(b) who is required to retire on or after his attainment of any age prescribed by
law; or
(c) who is required to retire in consequence of the abolition of his office or for
the purpose of facilitating improvements in the organisation of the part of
the public service to which he belongs by which greater economy or
efficiency may be effected; or

ting improvements in the organisation of the part of
the public service to which he belongs by which greater economy or
efficiency may be effected; or

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(d) who is required to retire in the public interest; or
(e) who is required to retire under section 16 of the Zambia Independence
Order, 1964; or
(f) in the case of a woman officer, who is required to retire upon her marriage;
shall be deemed to have retired under this section. 4. (1) Where, in pursuance of a policy of according preference to persons who are
citizens of Zambia, the appropriate authority appoints or promotes to any office in the
public service a citizen of Zambia in preference to an entitled officer whom, having regard
to his merit, qualifications and seniority, it would otherwise have promoted to the office,
the appropriate authority shall inform the Permanent Secretary (Establishments) of the
name of that entitled officer and the Permanent Secretary (Establishments) shall
thereupon, by notice in writing, inform that entitled officer of his supersession for
promotion.

er and the Permanent Secretary (Establishments) shall
thereupon, by notice in writing, inform that entitled officer of his supersession for
promotion.

Supersession of
certain entitled officers
(2) Subject to the provisions of this section, an entitled officer who is informed under
subsection (1) of his supersession for promotion may, after giving to the appropriate
authority notice of his intention to do so, retire under this section at any time thereafter:
Provided that-
(i) no officer shall retire under this section on a date more than six months
after the date on which he is informed of his supersession for promotion
except after giving the period of notice which he would be required to give if
he were retiring under section three;
(ii) if an officer who has been informed of his supersession for promotion
subsequently is granted and accepts promotion to another office in the
public service, he shall cease to be entitled to retire under this section
unless and until-
(a) he completes a period or periods of resident service, amounting in
the aggregate to not less than twenty-four months, reckoned from
the date with effect from which he was last granted promotion; or
(b) he is informed under subsection (1) that he has again been
superseded for promotion.

date with effect from which he was last granted promotion; or
(b) he is informed under subsection (1) that he has again been
superseded for promotion.

(3) An entitled officer who has given notice of his intention to retire under this
section on any date may, with the consent of the appropriate authority, withdraw that
notice at any time before that date. (4) No entitled officer shall retire under this section without the permission of the
appropriate authority:

that
notice at any time before that date. (4) No entitled officer shall retire under this section without the permission of the
appropriate authority:

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Provided that the appropriate authority shall not withhold permission unless
disciplinary proceedings are being taken, or are about to be taken, against the officer and
those proceedings might lead to his dismissal. 5. (1) This section applies to an entitled officer who- Date of retirement and
pension of entitled
officer entering
contract of
re-employment under
Government
(a) gives notice under section three or four of his intention to retire; and
(b) at the same time, informs the appropriate authority of his desire to enter
into a contract of re-employment under the Government immediately
following his retirement.

, informs the appropriate authority of his desire to enter
into a contract of re-employment under the Government immediately
following his retirement.

(2) Where an entitled officer to whom this section applies enters into a contract of
re-employment under the Government, he shall, notwithstanding anything to the contrary
in this Act, be treated for the purpose of this Act as if-
(a) in the case of an entitled officer who gives notice under section three of his
intention to retire, he retired under that section; or
(b) in the case of an entitled officer who gives notice under section four of his
intention to retire, he retired under that section;
on the expiry of the day immediately preceding the day on which such contract of
re-employment is expressed to commence.

e retired under that section;
on the expiry of the day immediately preceding the day on which such contract of
re-employment is expressed to commence.

(3) Where an entitled officer to whom this section applies enters into a contract of
re-employment under the Government whereby it is agreed that a sum of money shall be
payable in instalments to that officer by the Government in respect of and for the duration
of a period of time calculated by reference to a period of leave of absence which, but for
the operation of the provisions of subsection (2), might have been granted to that officer
pending his retirement under this Act, such sum of money and such period of time shall,
notwithstanding anything to the contrary in the Pensions Laws, be taken into account for
the purpose of computing the amount of the pension which may be granted under the
Pensions Laws to that officer on his retirement under this Act as if-
(a) references in the Pensions Laws to emoluments which shall be taken into
account as pensionable emoluments included a reference to such sum of
money; and
(b) references in the Pensions Laws to periods which shall be taken into
account as pensionable service included a reference to such period of time.

d
(b) references in the Pensions Laws to periods which shall be taken into
account as pensionable service included a reference to such period of time.

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(4) In this section-
"contract of re-employment under the Government" means a written contract of
service whereby the person employed is re-engaged, following his
retirement under this Act, to serve in the public service for a period of not
less than twenty-four months. (No. 6 of 1967)
6.

-engaged, following his
retirement under this Act, to serve in the public service for a period of not
less than twenty-four months. (No. 6 of 1967)
6.

(1) In the case of an entitled officer who retires under subsection (1) of section
three or who retires under section four (not being an officer to whom subsection (3)
applies) and-
Benefits in respect of
leave, passages and
baggage facilities for
certain entitled officers
(a) who is on leave of absence after completing a tour of duty at the time when
he gives notice of his intention to retire-
(i) if he returns to Zambia for further duty at the requirement of the
appropriate authority, he shall be provided with such passages for
himself and his family and such baggage facilities as an officer of
similar status is entitled to under General Orders when returning to
Zambia for a tour of duty, and when retiring from the public service
having attained the age of fifty-five years and having completed a
final tour of duty;
(ii) if he returns to Zambia to settle his affiars and on his return
completes a tour of duty of not less than twelve months, he shall be
paid the cost of the passages for himself and his family and of
transporting his baggage to Zambia (but not exceeding the cost of
such passages and baggage facilities as an officer of similar status
is entitled to under General Orders when returning to Zambia for a
tour of duty) and provided with such passages for himself and his
family and such baggage facilities as an officer of similar status is
entitled to under General Orders when retiring from the public
service having attained the age of fifty-five years and having
completed a final tour of duty;
(iii) if he does not return to Zambia, he shall be provided with such
baggage facilities as an officer of similar status is entitled to under
General Orders when retiring from the public service having attained
the age of fifty-five years and having completed a final tour of duty;
(b) who is not on leave of absence after completing a tour of duty at the time
when he gives notice of his intention to retire, he shall be provided with
such passages and baggage facilities for himself and his family as an
officer of similar status is entitled to under General Orders when retiring
from the public service having attained the age of fifty-five years and having
completed a final tour of duty.

d to under General Orders when retiring
from the public service having attained the age of fifty-five years and having
completed a final tour of duty.

(2) In the case of the retirement of an entitled officer who is required to retire in the
circumstances described in paragraph (c) or (e) of subsection (4) of section three, and-

ement of an entitled officer who is required to retire in the
circumstances described in paragraph (c) or (e) of subsection (4) of section three, and-

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(a) who is on leave of absence after completing a tour of duty-
(i) he shall, if the period of leave on full pensionable emoluments for
which he is eligible on the date on which he is given notice requiring
him to retire is less than six months, be granted such additional
leave on full pensionable emoluments as will bring the aggregate
period of such leave of absence from that date up to six months;
and
(ii) he shall (if he returns to Zambia to settle his affairs) be provided with
a passage to Zambia for his own use as if he were returning to
Zambia for a further tour of duty and such passage and such
baggage facilities as an officer of similar status is entitled
to under General Orders when retiring from the public service having
attained the age of fifty-five years and having completed a final tour
of duty; and
(iii) in the case of the retirement of an entitled officer who is required to
retire in the circumstances described in paragraph (e) of subsection
(4) of section three and who returns to Zambia to settle his affairs,
he shall be paid a subsistence allowance at the rate prescribed by
General Orders for the period (but not exceeding twenty-one days)
of his stay in Zambia;
(b) who is not on leave of absence after completing a tour of duty-
(i) he shall not be required to depart from Zambia on leave of absence
pending his retirement until the expiration of a period of six months
from the date upon which he was given notice requiring him to retire;
and
(ii) he shall be provided with such passages and baggage facilities as
an officer of similar status is entitled to under General Orders when
retiring from the public service having attained the age of fifty-five
years and having completed a final tour of duty;
(iii) he shall, if the period of leave on full pensionable emoluments for
which he is eligible is less than six months, be granted such
additional leave on full pensionable emoluments as will bring the
aggregate period of such leave of absence pending his retirement
up to six months.

h
additional leave on full pensionable emoluments as will bring the
aggregate period of such leave of absence pending his retirement
up to six months.

(3) In the case of an entitled officer who is informed under subsection (1) of section
four of his supersession for promotion and-

(3) In the case of an entitled officer who is informed under subsection (1) of section
four of his supersession for promotion and-

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(a) who, being on leave of absence after completing a tour of duty when he is
so informed, gives notice of his intention to retire under section four on the
expiry of that leave of absence-
(i) he shall, if the period of leave on full pensionable emoluments for
which he is eligible on the date upon which he is so informed is less
than six months, be granted such additional leave on full
pensionable emoluments as will bring the aggregate period of such
leave of absence from that date up to six months; and
(ii) he shall, if he returns to Zambia to settle his affairs-
A. be provided with a passage to Zambia for his own use as if he
were returning to Zambia for a further tour of duty and such
passage and such baggage facilities as an officer of similar
status is entitled to under General Orders when retiring from
the public service having attained the age of fifty-five years and
having completed a tour of duty; and
B.

to under General Orders when retiring from
the public service having attained the age of fifty-five years and
having completed a tour of duty; and
B.

be paid a subsistence allowance at the rate prescribed in
General Orders for the period (but not exceeding twenty-one
days) of his stay in Zambia;
(b) who, not being on leave of absence after completing a tour of duty when he
is so informed and who, not having been on such leave of absence after
being so informed, gives notice of his intention to retire under section four-
(i) he shall, if the period of leave on full pensionable emoluments for
which he is eligible on the date upon which he proceeds on leave
pending retirement is less than six months, be granted such
additional leave on full pensionable emoluments as will bring the
aggregate period of such leave of absence from that date up to six
months; and
(ii) he shall be provided with such passages and such baggage facilities
as an officer of similar status is entitled to under General Orders
when retiring from the public service having attained the age of
fifty-five years and having completed a final tour of duty;
(c) who, not being on leave of absence after completing a tour of duty when he
is so informed, thereafter proceeds on such leave of absence and within six
months of being so informed gives notice of his intention to retire under
section four on the expiry of that leave of absence-
(i) he shall, if the period of leave on full pensionable emoluments for
which he was eligible on the date on which such leave of absence
commenced is less than six months, be granted such additional
leave on full pensionable emoluments as will bring the aggregate
period of such leave of absence from the date on which it
commenced up to six months; and
(ii) he shall be provided with such baggage facilities as an officer of
similar status is entitled to under General Orders when retiring from
the public service having attained the age of fifty-five years and
having completed a final tour of duty.

d to under General Orders when retiring from
the public service having attained the age of fifty-five years and
having completed a final tour of duty.

(4) No entitled officer shall, in pursuance of the provisions of this section, be
provided with overseas passages for himself or his family or be paid the cost of such
passages unless his conditions of service include an entitlement to overseas passages.

passages for himself or his family or be paid the cost of such
passages unless his conditions of service include an entitlement to overseas passages.

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7. (1) Where an entitled officer dies and it is lawful under the provisions of the
Pensions Laws for a gratuity to be granted to his personal representatives, there shall be
granted to his personal representatives either that gratuity or a gratuity equal to the
maximum gratuity that could have been granted to that officer under the provisions of
section eight if he had retired under this Act at the date of his death, whichever is the
greater:
Special gratuity on the
death of certain
entitled officers
Provided that, in the case of an officer to whom Part II of the Pensions Regulations
applied, in respect of that proportion of the pensions for which he would have been
eligible, if he had retired under this Act at the date of his death and which is attributable to
his pensionable service otherwise than in the public service, the permitted fraction referred
to in section eight shall not be less than three-quarters.

s pensionable service otherwise than in the public service, the permitted fraction referred
to in section eight shall not be less than three-quarters.

(2) For the purposes of the proviso to subsection (1), the proportion of a pension
which is attributable to the pensionable service of an officer otherwise than in the public
service shall be that proportion of the pension for which the officer would have been
eligible if his pensionable service had been wholly in the public service as the aggregate
amount of his pensionable emoluments during his pensionable service otherwise than in
the public service bears to the aggregate amount of his pensionable emoluments
throughout his pensionable service. (3) The Permanent Secretary, Ministry of Finance, may direct that instead of being
paid to the personal representatives, any gratuity payable under this section shall be paid
to one of the dependants of the deceased or to two or more of those dependants in such
proportions as the Permanent Secretary may think fit. 8.

e paid
to one of the dependants of the deceased or to two or more of those dependants in such
proportions as the Permanent Secretary may think fit. 8.

(1) Subject to the provisions of section twelve, an entitled officer, on his
retirement under this Act, may be granted at his option (such option to be exercised in
accordance with the provisions of regulation 16 of the Pensions Regulations) either-
Grant of pensions and
gratuities
(a) a pension of such amount as may be granted under the Pensions Laws; or
(b) a reduced pension equal to such fraction as he may desire of the pension
that may be granted under the Pensions Laws (not being, in the case of an
entitled officer who retires after completing less than twelve years' service
under the Government after the operative date, less than the permitted
fraction) together with a gratuity equal to the annual amount of the
remaining fraction of that pension multiplied by the appropriate factor; or
(c) in the case of an entitled officer who retires after completing not less than
twelve years' service under the Government after the operative date, a
gratuity equal to the annual amount of the pension that may be granted
under the Pensions Laws multiplied by the appropriate factor.

operative date, a
gratuity equal to the annual amount of the pension that may be granted
under the Pensions Laws multiplied by the appropriate factor.

(2) For the purposes of this section, an entitled officer shall be deemed to be eligible
for the grant of a pension under the Pensions Laws-

(2) For the purposes of this section, an entitled officer shall be deemed to be eligible
for the grant of a pension under the Pensions Laws-

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(a) notwithstanding that he may have retired before attaining the age specified
in the Pensions Laws as qualifying him for the grant of a pension; and
(b) notwithstanding that he may not have completed at the date of his
retirement the period of qualifying service required by the Pensions Laws to
render him eligible for the grant of a pension. (3) Where an entitled officer retires by reason of injury or ill health in circumstances
in which he could under the Pensions Laws be granted an additional pension, the
provisions of this section shall have effect in relation to that officer as if references to the
pension that may be granted under the Pensions Laws included references to that
additional pension. (4) Where an entitled officer retires under this Act in circumstances in which he is
entitled to be granted an additional pension under section nine, the provisions of this
section shall have effect in relation to that officer as if references to the pension that may
be granted under the Pensions Laws included references to that additional pension.

n relation to that officer as if references to the pension that may
be granted under the Pensions Laws included references to that additional pension.

(5) Where an entitled officer-
(a) is required to retire in the circumstances described in paragraph (c) or (e) of
subsection (4) of section three;
or
(b) is required to retire on the grounds of age before attaining the age of
fifty-five years; or
(c) retires under section four; or
(d) retires under the provisions of this Act after completing a period or periods
of resident service, amounting in the aggregate to not less than twenty-four
months, reckoned from the operative date or the date with effect from which
he was last granted promotion in the public service, whichever is the later;
then, for the purposes of this section, the amount of the pension or gratuity that may be
granted to the entitled officer under the Pensions Laws shall be calculated by reference to
the full annual pensionable emoluments enjoyed by him on the date immediately prior to
his retirement. (6) If an entitled officer has not exercised the option conferred by subsection (1)
within the period in which it is required to be exercised, he shall be deemed to have opted
for the grant of a pension of such amount as may be granted under the Pensions Laws.

it is required to be exercised, he shall be deemed to have opted
for the grant of a pension of such amount as may be granted under the Pensions Laws.

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(7) In this section-
"the appropriate factor", in relation to an entitled officer, means the factor obtained
from the Table in the Schedule that is appropriate to the age of that officer
on the date immediately prior to his retirement reckoned in completed years
and completed months;
"the permitted fraction"-
(a) in relation to an entitled officer who retires after completing less than
one year's service under the Government after the operative date,
means three-quarters;
(b) in relation to an additional pension granted on account of injury
under regulation 13 (1) of the Pensions Regulations, means
three-quarters;
(c) subject to paragraph (b), in relation to an entitled officer who retires
after completing not less than one and not more than twelve years'
service under the Government after the operative date, means such
fraction as is obtained by subtracting one-sixteenth for each
completed year of his pensionable service under the Government
after the operative date from three-quarters:
Provided that, in reckoning for the purposes of this definition the years of
pensionable service under the Government after the operative date of an entitled officer
whose pensionable service has been wholly under the Government and who is granted
leave of absence pending his retirement, leave of absence granted in respect of service
prior to the operative date the enjoyment of which had on the operative date been
deferred shall not be taken into account.

nted in respect of service
prior to the operative date the enjoyment of which had on the operative date been
deferred shall not be taken into account.

9. (1) Subject to the provisions of this section, an entitled officer who retires- Additional pension or
gratuity payable to
certain entitled officers
(a) in the circumstances described in paragraph (c) or (e) of subsection (4) of
section three; or
(b) under section four;
shall be granted at his option (such option to be exercised in accordance with the
provisions of regulation 16 of the Pensions Regulations) either-
(i) an additional pension calculated in accordance with subsection (3); or
(ii) a gratuity equal to one-half of the compensation (excluding interest thereon)
to which he would have been entitled if, on the 1st May, 1964, or the date
on which his pensionable service under the Government commenced,
whichever is the later, he had been a designated officer for the purposes of
the Overseas Service (Northern Rhodesia) Agreement, 1961, and an
entitled officer for the purposes of the Zambia (Compensation and Retiring
Benefits) Order, 1964.

Service (Northern Rhodesia) Agreement, 1961, and an
entitled officer for the purposes of the Zambia (Compensation and Retiring
Benefits) Order, 1964.

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(2) Subject to the provisions of this section, but without prejudice to the grant of an
additional pension on account of injury under regulation 13 (1) of the Pensions
Regulations, an entitled officer (not being an officer to whom subsection (1) applies) who
retires under this Act at any time after completing the prescribed period of resident service
shall be granted an additional pension calculated in accordance with subsection (3). (3) The additional pension referred to in subsections (1) and (2) shall be-
(a) in the case of an entitled officer to whom Part II of the Pensions
Regulations applies, a pension equal to one-third of the amount of the
pension which the officer would have been eligible to be granted under the
Pensions Laws if the pensionable service of the officer had been wholly
under the Government;
(b) in the case of any other entitled officer, a pension equal to one-third of the
amount of the pension which the officer is eligible to be granted under the
Pensions Laws.

other entitled officer, a pension equal to one-third of the
amount of the pension which the officer is eligible to be granted under the
Pensions Laws.

(4) The additional pension payable to an entitled officer under this section, together
with the pension payable to the officer under the Pensions Laws, shall not exceed the
amount of the pension which the officer would have been eligible to be granted under the
Pensions Laws if he had continued until he attained the age of fifty-five years to hold the
office held by him immediately prior to his retirement, having received all increments for
which he would have been eligible by that date. (5) For the purposes of this section, references in section eleven of the Pensions
Act to a pension granted under that Act shall be construed as references to the aggregate
of the pension granted under the Pensions Laws and of any additional pension granted
under this section. (6) If an entitled officer to whom subsection (1) applies has not exercised the option
conferred by that subsection within the period in which it is required to be exercised, he
shall be deemed to have opted for the grant of an additional pension calculated in
accordance with subsection (3). (7) The provisions of regulation 12 of the Pensions Regulations shall not apply to an
entitled officer. 10.

culated in
accordance with subsection (3). (7) The provisions of regulation 12 of the Pensions Regulations shall not apply to an
entitled officer. 10.

(1) This section applies to an entitled officer who has retired under this Act and- Additional pension or
gratuity payable to
certain retired officers
re-employed
(a) who, immediately prior to his retirement, was not eligible to be granted an
additional pension under section nine; and

etired officers
re-employed
(a) who, immediately prior to his retirement, was not eligible to be granted an
additional pension under section nine; and

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(b) who, without a break in the continuity of his service, is re-employed by the
Government. (2) Subject to the provisions of subsection (4), where the re-employment under the
Government of a person to whom this section applies is terminated in circumstances in
which, if he had not retired, subsection (1) of section nine would have applied to him, he
shall, with effect from the day following the last day of his re-employment under the
Government, be granted, at his option, the additional pension or gratuity which he would
have been entitled to be granted under subsection (1) of section nine on the date
immediately prior to his retirement under this Act if that subsection had applied to him on
that date.

nder subsection (1) of section nine on the date
immediately prior to his retirement under this Act if that subsection had applied to him on
that date.

(3) Subject to the provisions of subsection (4), where a person to whom this section
applies continues in re-employment under the Government until such time as, if he had
not retired, he would have completed the prescribed period of resident service, he shall,
with effect from the day following the day on which he completes such period, be granted
the additional pension which he would have been entitled to be granted under subsection
(2) of section nine on the date immediately prior to his retirement under this Act had he
completed the prescribed period of resident service on such date. (4) No person shall-
(a) be granted an additional pension or gratuity by virtue of subsection (2) if he
has been granted an additional pension by virtue of subsection (3); or
(b) be granted an additional pension by virtue of subsection (3) if he has been
granted or is eligible to be granted an additional pension or gratuity by
virtue of sub-section (2).

ension by virtue of subsection (3) if he has been
granted or is eligible to be granted an additional pension or gratuity by
virtue of sub-section (2).

(5) Where a person who has been granted a pension or a reduced pension and
gratuity in accordance with the provisions of subsection (1) of section eight is
subsequently granted an additional pension by virtue of this section, the option exercised
or deemed to have been exercised by him under that section shall have effect as if it had
been exercised in relation to the aggregate of that pension and the additional pension
granted by virtue of this section:
Provided that where such person did not opt to be granted a reduced pension equal
to the permitted fraction of the pension that may be granted under the Pensions Laws, he
may, on or before the date on which he becomes eligible to be granted an additional
pension by virtue of this section or such later date as the appropriate Commission may
allow-
(a) revoke his previous option; and

ranted an additional
pension by virtue of this section or such later date as the appropriate Commission may
allow-
(a) revoke his previous option; and

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(b) opt instead for the grant of a reduced pension equal to the permitted
fraction of the aggregate of the pension that may be granted under the
Pensions Laws and the additional pension granted by virtue of this section
together with a gratuity equal to the annual amount of the remaining fraction
of the aggregate of those pensions multiplied by the appropriate factor;
and, if he does so, the pensions payable to him shall be adjusted accordingly and any
pension over-payments made to him after his retirement shall be recovered by deducting
an equivalent amount from the gratuity payable to him. (6) An option conferred by subsection (5) shall be exercised by notice in writing
addressed to the Permanent Secretary (Establishments) and shall, when exercised, be
irrevocable.

ubsection (5) shall be exercised by notice in writing
addressed to the Permanent Secretary (Establishments) and shall, when exercised, be
irrevocable.

(7) In this section, "the appropriate factor" and "the permitted fraction", in relation to
a person to whom this section applies, mean respectively the appropriate factor and the
permitted fraction (as defined by subsection (7) of section eight) which were applicable to
such person on the date immediately prior to his retirement. 11.

ted fraction (as defined by subsection (7) of section eight) which were applicable to
such person on the date immediately prior to his retirement. 11.

(1) Any pension or gratuity payable under this Act to an officer or to his
personal representatives or dependants shall, subject to the provisions of subsection (2),
be paid in accordance with any request made from time to time by such officer, his
personal representatives or his dependents, as the case may be, in any of the following
countries:
Place of payment and
rate of exchange
(a) in the United Kingdom;
(b) in Zambia;
(c) in the country from which the officer was recruited or where he intends to
reside;
(d) in the case of payments to the personal representatives of an officer or his
dependants, in the country in which the personal representatives or the
dependents, as the case may be, reside; or
(e) in such other country as the officer or his personal representatives or
dependants may, with the concurrence of the Permanent Secretary,
Ministry of Finance, select;
in the currency of the country in which payment is to be made; and where payment is to be
made in a country other than Zambia, the amount of the payment shall be such as would
produce, at the official rate of exchange prevailing at the date of payment, the amount in
sterling of the pension or gratuity as calculated at the official rate of exchange prevailing
on the operative date.

he date of payment, the amount in
sterling of the pension or gratuity as calculated at the official rate of exchange prevailing
on the operative date.

(2) A request made under subsection (1) for the payment of any pension or gratuity
outside Zambia shall have effect.

(2) A request made under subsection (1) for the payment of any pension or gratuity
outside Zambia shall have effect.

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12. The provisions of the Pensions Laws shall, subject to the provisions of this Act,
apply in relation to the grant of any pensions or gratuity under this Act and to any pension
or gratuity granted thereunder as they apply in relation to the grant of a pension or
gratuity, and to any pension or gratuity granted under the Pensions Laws. Application of the
Pensions Laws
13. Any gratuity payable under the provisions of this Act shall be exempt from tax
under any written law relating to the taxation of incomes or imposing any other form of
taxation. Exemption from tax
14.

Act shall be exempt from tax
under any written law relating to the taxation of incomes or imposing any other form of
taxation. Exemption from tax
14.

(1) Where any officer or authority has before the commencement of this Act in
pursuance of any provisions of the Scheme given any permission or consent or prescribed
any condition or granted any benefit or made any payment or made any declaration or
done any other thing for the purposes of the Scheme, that permission, consent, condition,
benefit, payment, declaration or other thing shall be deemed to have been given,
prescribed, granted, made or done, as the case may be, under the corresponding
provision of this Act; and the provisions of this Act shall have effect accordingly. Transitional provisions
(2) Where any officer has before the commencement of this Act in pursuance of any
provision in the Scheme given or received any notice or retired or received any benefit he
shall, provided that any conditions prescribed or deemed to have been prescribed by or
under this Act are satified, be deemed to have given or received that notice, or to have
retired or to have been granted or received that benefit, as the case may be, under the
corresponding provision of this Act; and the provisions of this Act shall have effect
accordingly.

eceived that benefit, as the case may be, under the
corresponding provision of this Act; and the provisions of this Act shall have effect
accordingly.

(3) Any officer who has, before the 24th October, 1964, been required under the
provisions of the Scheme to retire to facilitate the localisation of the public service shall,
for the purposes of this Act, be deemed to have retired under section 16 of the Zambia
Independence Order, 1964. SCHEDULE
(Sections 8 and 10)
INSTRUCTIONS FOR OBTAINING THE APPROPRIATE FACTOR
I. Read off from the Table the factors for the officer's age-
(a) at his last birthday;
(b) at his next birthday. II. Divide the difference between I (a) and I (b) by twelve and multiply by the number of completed months of age since the
last birthday. III. Substract II from I (a). III is the factor required. In calculating factors by interpolation, calculations should be taken to three places of decimals.

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TABLE
Age of Age of
Officer Factor Officer Factor
25 17.08 40 15.07
26 16.97 41 14.90
27 16.86 42 14.73
28 16.74 43 14.55
29 16.62 44 14.36
30 16.50 45 14.17
31 16.38 46 13.97
32 16.25 47 13.76
33 16.12 48 13.54
34 15.98 49 13.32
35 15.84 50 13.08
36 15.70 51 12.84
37 15.55 52 12.59
38 15.40 53 12.50
39 15.24 54 12.50