Public Officers' Pensions (Zambia) Agreement (Implementation) Act

The Laws of Zambia
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
REPUBLIC OF ZAMBIA
THE PUBLIC OFFICERS' PENSIONS (ZAMBIA) AGREEMENT (IMPLEMENTATION)
ACT
CHAPTER 278 OF THE LAWS OF ZAMBIA
CHAPTER 278 THE PUBLIC OFFICERS' PENSIONS (ZAMBIA) AGREEMENT
(IMPLEMENTATION) ACT
THE PUBLIC OFFICERS' PENSIONS (ZAMBIA) AGREEMENT (IMPLEMENTATION)
ACT
ARRANGEMENT OF SECTIONS
Sections
1. Short title
2. Interpretation
3. Cessation of responsibility for certain pensions
4. Expenditure to be charged on general revenues
CHAPTER 278
PUBLIC OFFICERS' PENSIONS (ZAMBIA) AGREEMENT (IMPLEMENTATION)
22 of 1979
An Act to make provision for the implementation of the Public Officers' Pensions
(Zambia) Agreement, 1978; and to provide for matters connected therewith or
incidental thereto.
[1st November 1985]

n of the Public Officers' Pensions
(Zambia) Agreement, 1978; and to provide for matters connected therewith or
incidental thereto.
[1st November 1985]

The Laws of Zambia
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W HEREAS the Government of the Republic of Zambia and the Government of the United
Kingdom of Great Britain and Northern Ireland have signed an Agreement
concerning the control, administration and payment of certain public officers'
pensions;
AND W HEREAS it is expedient to make provision for giving effect to the provisions of the
said Agreement, and to provide for matters connected therewith or incidental thereto:
Preamble
NOW T HEREFORE BE IT ENACTED by the Parliament of Zambia. Enactment
1. This Act may be cited as the Public Officers' Pensions (Zambia) Agreement
(Implementation) Act. Short title
2. In this Act, unless the context otherwise requires- Interpretation
"Agreement" means the Agreement between the Government of the Republic of
Zambia and the Government of the United Kingdom of Great Britain and
Northern Ireland executed by the parties thereto on the 8th August, 1978,
which Agreement is set out in the Schedule. 3.

Kingdom of Great Britain and
Northern Ireland executed by the parties thereto on the 8th August, 1978,
which Agreement is set out in the Schedule. 3.

After the commencement of this Act, the Government shall cease to have any
responsibility for the award, control administration and payment of pensions covered by
the Agreement. Cessation of
responsibility for
certain pensions
4. (1) There shall be charged on and paid out of the general revenues of the
Republic all such sums of moneys as may from time to time be due and payable under the
Agreement. Expenditure to be
charged on general
revenues
(2) Notwithstanding anything contained in any other written law, the Government
shall, after the commencement of this Act, pay to the Government of the United Kingdom
of Great Britain and Northern Ireland in respect of the widows' and orphans' pensions,
such stocks, funds, securities or moneys as represent the interest in the Widows' and
Orphans' Pension Fund established under the Widows and Orphans Pension Act of
contributory officers and their potential beneficiaries alive at the date of the
commencement of the Act, and the beneficiaries of deceased contributory officers as are
alive on the date of the commencement of the Act. 5. Section twelve of the Widows and Orphans Pensions Act is hereby repealed. Repeal of section 12
of Cap.

on the date of the commencement of the Act. 5. Section twelve of the Widows and Orphans Pensions Act is hereby repealed. Repeal of section 12
of Cap.

279
SCHEDULE
(Section 2)

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AGREEMENT
AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ZAMBIA AND THE GOVERNMENT OF
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND CONCERNING
PUBLIC OFFICERS' PENSIONS
The Government of the Republic of Zambia and the Government of the United Kingdom of Great Britain and Northern
Ireland have agreed as follows:
ARTICLE 1

Government of the Republic of Zambia and the Government of the United Kingdom of Great Britain and Northern
Ireland have agreed as follows:
ARTICLE 1

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Interpretation
(1) In this Agreement, except where the context otherwise requires:
(a) "actuary" means a Fellow of the Institute of Actuaries or of the Faculty of Actuaries in Scotland;
(b) "the appointed day" means the day mutually arranged between the Government of the United Kingdom and
the Government of Zambia;
(c) "inducement allowance" means any inducement allowance which is pensionable under the pensions laws
enjoyed by an officer under the Overseas Service (Northern Rhodesia) Agreement 1961, or any agreement or
any arrangement amending or replacing the same;
(d) "officer" means an officer or re-employed officer to whom the Public Officers Agreement between Her
Majesty's Government in the United Kingdom and the Government of Zambia signed at Lusaka on 24 October
1964 (hereinafter referred to as "the Public Officers' Agreement") applies or applied and who was not a citizen
of Zambia on 1 April 1971 or who, having retired from the public service or having died in public service after
that date, is not or was not a citizen of Zambia at the time of his retirement or death, as the case may be;
(e) "other public service" means public service not under the Government of Zambia;
(f) "pension" means any pension, gratuity, compensation and interest thereon, or any retiring allowance or other
like benefit, or any increase of pension, on any contributions repayable to, or interest on contributions payable
to, any officer, payable under the pensions laws by the Government of Zambia to or in respect of any officer, or
to the widow or child of any officer or his legal personal representative;
(g) "pensionable emoluments":
(i) in respect of public service under the Government of Zambia, means emoluments which count for
pension under the pensions laws;
(ii) in respect of other public service, means emoluments which count for pension in accordance with the
law or regulations in force in such service;
(h) "pensions laws" means:
(i) in relation to pensions other than widows' and orphans' pensions:
(aa) any law, regulation or administrative direction providing for the payment of pensions to
officers in respect of public service and in force in Zambia at any time prior to 25 June 1973
and enacted prior to that date; and
(bb) The Zambia (Compensation and Retiring Benefits) Order 1964 and the Non-Designated
Expatriate Officers (Retiring Benefits Act) 1965;
(ii) in relation to widows' and orphans' pensions, the Widows and Orphans Pensions Act, Chapter 402 of
the Laws of Zambia 1970 Edition and the Widows' Pensions Act, Chapter 401 of the Laws of Zambia
1970 Edition and any amendments to either Act in force at any time prior to 25 June 1973 and enacted
prior to that date (in this Agreement referred to respectively as "Chapter 402" and "Chapter 401"); and
(iii) in relation both to widows' and orphans' pensions and to other pensions, any other law, regulation or
administrative direction accepted by the Government of the United Kingdom and the Government of
Zambia for the purposes of this Agreement;
(i) "public service" means:
(i) service in a civil capacity under the Government of Zambia or any other country or territory in the
Commonwealth;
(ii) service under the East African High Commission, the East African Common Services Organisation,
the East African Posts and Telecommunications Administration, the East African Railways and
Harbours Administration, the East African Community, the East African Harbours Corporation, the
East African Posts and Telecommunications Corporation or the East African Railways Corporation;
(iii) service which is pensionable:
(aa) under the Overseas Superannuation Scheme; or
(bb) under any Act relating to the superannuation of teachers in the United Kingdom; or
(cc) under a local authority in the United Kingdom; or
(dd) under the National Health Service of the United Kingdom;
(iv) any other service accepted by the Government of the United Kingdom and the Government of Zambia
to be public service for the purposes of this Agreement;
(v) except for the purposes of computation of a pension, gratuity or other allowance and of determination
of the maximum pension grantable, service as a Governor in respect of which a pension may be
granted under the Overseas Pensions Act 1973, or any Act amending or replacing that Act;
(vi) service as the holder of the office of President, Vice-President, Justice of Appeal, Registrar, officer or
servant of the Court of Appeal for Eastern Africa established by the Eastern Africa Court of Appeal
Order in Council 1961 (United Kingdom S I 1961 No 2323) or the Court of Appeal for East Africa;

rica established by the Eastern Africa Court of Appeal
Order in Council 1961 (United Kingdom S I 1961 No 2323) or the Court of Appeal for East Africa;

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ARTICLE 2
Assumption of Responsibility by the Government of the United Kingdom
As from the appointed day the Government of the United Kingdom shall assume from the Government of Zambia the
responsibility for the control, administration and payment of pensions which have been awarded before the appointed day
and for the award, control, administration and payment of pensions which would fall to be awarded on or after the
appointed day.

ore the appointed day
and for the award, control, administration and payment of pensions which would fall to be awarded on or after the
appointed day.

ARTICLE 3
Obligations of the Government of the United Kingdom
The Government of the United Kingdom undertake:
(a) that they shall award, control, administer and pay the pensions referred to in Article 2 of this Agreement to or
in respect of the persons concerned in accordance with the principles and rules contained in the pensions
laws, with such modifications as may be necessary in consequence of the transfer of responsibility under this
Agreement, or in accordance with such other principles and rules as the Government of the United Kingdom
consistently with the next following paragraph may from time to time determine;
(b) that apart from any modifications arising from the pensions being payable out of public moneys of the United
Kingdom they shall not apply to or in respect of any officer different provisions from those contained in the
pensions laws (other than any provisions, express or implied, relating to the currency and method of payment
of a pension) so as to make such provisions less favourable to any beneficiary or potential beneficiary than the
provisions applicable to him on the appointed day: provided that if a beneficiary or potential beneficiary elects
to have any provision applied to him, that provision shall be taken to be more favourable to him;
(c) that if the Government of Zambia should be adjudged by the order of a competent court of law having
jurisdiction in Zambia to be liable to pay to or in respect of an officer or the widow or child or legal personal
representative of an officer any sum in respect of a pension for which the Government of the United Kingdom
have assumed responsibility under this Agreement, the Government of the United Kingdom shall repay to the
Government of Zambia any sum paid to such person for the purpose of complying with the order of the court;
but in this event the Government of the United Kingdom shall be free to reduce by corresponding sums, or
totally to withhold, any payments of the same pension to or in respect of that person which would otherwise fall
to be made by them under this Agreement.

ally to withhold, any payments of the same pension to or in respect of that person which would otherwise fall
to be made by them under this Agreement.

ARTICLE 4

ARTICLE 4

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Obligations of the Government of Zambia
(1) The Government of Zambia undertake:
(a) that they shall remain responsible for any instalments of pension which remain unpaid on the appointed day;
(b) that they shall as from the appointed day relinquish responsibility for the award, control, administration and
payment of any pension otherwise than in accordance with the terms of this Agreement;
(c) that they shall pay to the Government of the United Kingdom in accordance with such arrangements as may
be accepted by the two Governments:
(i) in respect of any pension (other than a widows' and orphans' pension) awarded before the appointed
day to or in respect of an officer, a sum representing the cost, if any, of the Zambia element of such
pension;
(ii) in respect of any pension (other than a widows' and orphans' pension) awarded on or after the
appointed day to or in respect of an officer:
(aa) that part of the sum which would represent the Zambia element of such pensions if the
public service of the officer ceased on the appointed day, which is attributable to the officers'
relevant service up to the day immediately preceding the appointed day;
(bb) 25% of the officer's pensionable emoluments, other than inducement allowance, earned
during that part of his relevant service which occurs on or after the appointed day;
(iii) in respect of widows' and orphans' pensions, such stocks, funds, securities or moneys as represent
the interest in the Widows' and Orphans' Pensions Fund established under Chapter 279 of
contributory officers and their potential beneficiaries alive on the appointed day and the beneficiaries
alive on the appointed day of deceased contributory officers;
(d) that they shall as soon as possible after the appointed day with effect therefrom, enact the necessary domestic
legislation to give effect to this Article.

they shall as soon as possible after the appointed day with effect therefrom, enact the necessary domestic
legislation to give effect to this Article.

(2) The sums payable under sub-paragraphs (1) (c) (i), (1) (c) (ii) (aa) and (1) (c) (iii) of this Article shall be actuarially
determined by an actuary nominated by the Government of the United Kingdom and acceptable to the Government of
Zambia and shall be reduced by a sum accepted by the two Governments as representing the tax which the Government
of Zambia would have received in respect of the Zambia element of the pensions. ARTICLE 5
Supply of Information
Each of the Parties to this Agreement shall whenever requested to do so by the other Party, supply to that Party such
information in connection with the operation of the arrangements contained in this Agreement as may be specified in such
request.

y to that Party such
information in connection with the operation of the arrangements contained in this Agreement as may be specified in such
request.

ARTICLE 6
Modification of Previous Agreements
(1) On and after the appointed day the provisions of the Overseas Service (Northern Rhodesia) Agreement 1961, and
any agreement or arrangement amending or replacing the same and any other agreement or arrangement relating to the
reimbursement of the Government of Zambia by the Government of the United Kingdom of a proportion of the cost of a
pension shall cease to apply to any pension payable to or in respect of an officer to whom this Agreement applies in
respect of any period beginning on the appointed day. (2) On and after the appointed day the provisions of Articles 3, 4, 5, 6, 7 and the words "and shall take any action that
may be necessary to preserve his pension rights when he is so transferred or promoted" in Article 8 (2) and Article 9 of the
Public Officers Agreement shall cease to apply to or in respect of officers to whom this Agreement applies. ARTICLE 7

ticle 8 (2) and Article 9 of the
Public Officers Agreement shall cease to apply to or in respect of officers to whom this Agreement applies. ARTICLE 7

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Modification of this Agreement
If the Government of the United Kingdom and the Government of Zambia mutually decide that this Agreement shall be
modified in any particular case or class of cases, the foregoing provisions of this Agreement shall be applied to such case
or cases with such modifications, additions or exceeptions as may be necessary to give effect to such mutual decision. ARTICLE 8
Entry into Force
Each of the Parties to this Agreement shall notify the other Party in writing as soon as it has completed the preliminary
arrangements necessary to enable it to carry out the Agreement, and this Agreement shall enter into force on the date on
the later of these two notifications. ARTICLE 9
Citation
This Agreement may be cited as the Public Officers' Pensions (Zambia) Agreement 1978. In witness whereof the undersigned, duly authorised thereto by their respective Governments, have signed this
Agreement. Done in duplicate at Lusaka this 8th day of August, 1978 (in the English language). J. M.

by their respective Governments, have signed this
Agreement. Done in duplicate at Lusaka this 8th day of August, 1978 (in the English language). J. M.

MWANAKATWE, JUDITH HART,
For the Government of the Republic For the Government of the United
of Zambia Kingdom of Great Britain and
Northern Ireland