Transferred Federal Officers (Dependants) Pensions Act

The Laws of Zambia
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REPUBLIC OF ZAMBIA
THE TRANSFERRED FEDERAL OFFICERS
(DEPENDANTS) PENSIONS ACT
CHAPTER 265 OF THE LAWS OF ZAMBIA
CHAPTER 265 THE TRANSFERRED FEDERAL OFFICERS (DEPENDANTS)
PENSIONS ACT
THE TRANSFERRED FEDERAL OFFICERS
(DEPENDANTS) PENSIONS ACT
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Payments to the Government
4. Refunds of payments
5. Pension for widows
6. Payments of pension or other benefits to widows of a deceased person who
was married under a system permitting of polygamy
7. Pension for children
8. Payments of pension to children of a deceased person who was married under
a system permitting of polygamy
9. Rights of dependants of guaranteed officers
10. Furnishing of information
11. Forfeiture of pension
12. Pensions or other benefits not to be assignable
13. Pensions and other benefits charged on general revenues of the Republic

Forfeiture of pension
12. Pensions or other benefits not to be assignable
13. Pensions and other benefits charged on general revenues of the Republic

The Laws of Zambia
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CHAPTER 265
TRANSFERRED FEDERAL OFFICERS
(DEPENDANTS) PENSIONS
4 of 1965
An Act to provide for the making of payments to the Government of Zambia by
certain public officers who transferred from the service of the Government of
the former Federation of Rhodesia and Nyasaland; to provide for the payment
of pensions and other benefits to the dependants of such officers in the event
of death; and to provide for matters incidental to or connected with the
foregoing.
[15th January, 1965]
1. This Act may be cited as the Transferred Federal Officers (Dependants)
Pensions Act.
Short title

connected with the
foregoing.
[15th January, 1965]
1. This Act may be cited as the Transferred Federal Officers (Dependants)
Pensions Act.
Short title

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2.

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2.

(1) In this Act, unless the context otherwise requires-
"beneficiary" means a legitimate or legitimated son or daughter (including a
posthumous child, stepchild, or child legally adopted) of an officer or
pensioner, if the son or daughter is under the age of twenty-one years and-
(a) in the case of a son, is not under the age of eighteen years;
(b) in the case of a daughter, has not been married and is not under the
age of eighteen years;
"child" means an unmarried legitimate or legitimated son or daughter (including a
posthumous child, step-child or child legally adopted) under the age of
eighteen years, of an officer or pensioner;
"deficit" means the difference between-
(a) the aggregate of the annual rate of the pensions which would have
been payable to a widow, child or beneficiary, as the case may be,
of a guaranteed officer under the Widows and Orphans Pension Act
or the scheme had he died immediately before the date of transfer
from the Government or the Government of the former Protectorate
of Nyasaland to the service of the Government of the former
Federation of Rhodesia and Nyasaland; and
(b) the aggregate of the annual rate of the pensions which at his death
are payable to a widow, child or beneficiary, as the case may be, of
a guaranteed officer under the Widows and Orphans Pension Act or
the scheme:
Provided that in determining the deficit no account shall be taken
of any additional pension payable to a widow, child or beneficiary, as
the case may be, by reason of voluntary payments made under the
Widows and Orphans Pension Act or the scheme;
"emoluments factor" means the aggregate of the pensionable emoluments of an
officer during his pensionable service divided by the aggregate of his
emoluments accepted as pensionable during his pensionable employment;
Provided that, where part only of any service in a civil capacity is taken
into account as pensionable service, a proportionate part only of the
aggregate emoluments during that service shall be taken into account as
pensionable emoluments;
"established officer" means any officer other than a probationer;
"final pensionable emoluments" means the emoluments accepted by the
Government for the purpose of calculating an officer's pension or which
would have been accepted by the Government for the purpose of
calculating such officer's pension had he retired at the date of his death;
"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;
"guaranteed officer" means an officer or pensioner who was appointed to the
service of the Government of the former Federation of Rhodesia and
Nyasaland on transfer from the service of the Government or the
Government of the former Protectorate of Nyasaland;
"officer" means a person who-
(a) on or after the 1st October, 1963, transferred from the service of the
Government of the former Federation of Rhodesia and Nyasaland to
the Northern Rhodesia Civil Service (Local Conditions) and in
respect of any period after such transfer contributed to the Northern
Rhodesia Civil Service (Local Conditions) Pension Fund; and
(b) subsequently transferred from the Northern Rhodesia Civil Service
(Local Conditions) or the Zambia Civil Service (Local Conditions)
Interpretation
Cap.

ubsequently transferred from the Northern Rhodesia Civil Service
(Local Conditions) or the Zambia Civil Service (Local Conditions)
Interpretation
Cap.

279
Cap. 279
Cap. 279
Cap. 266
Cap. 279

279
Cap. 279
Cap. 279
Cap. 266
Cap. 279

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(2) For the purpose of this Act a person who, immediately before his transfer to the
Northern Rhodesia Civil Service (Local Conditions), was a seconded officer within the
meaning of section 20 of the Federation of Rhodesia and Nyasaland (Dissolution) Order in
Council, 1963, shall be deemed to have transferred from the service of the Government of
the former Federation of Rhodesia and Nyasaland. App. 2
3. (1) An officer shall pay to the Government two and one-half per centum of the
pensionable emoluments payable to him after his transfer from the Northern Rhodesia
Civil Service (Local Conditions) or the Zambia Civil Service (Local Conditions), as the
case may be. Payments to the
Government
(2) The payment of amounts payable by an officer under subsection (1) shall
ordinarily be effected by deducting such amounts from any pensionable emoluments
payable to the officer.

able by an officer under subsection (1) shall
ordinarily be effected by deducting such amounts from any pensionable emoluments
payable to the officer.

(3) If after an officer's last day of pensionable service under the Government any
amount which remains unpaid is not paid within thirty days of the officer being notified of
that amount, interest at the rate of five per centum per annum shall be charged thereon
until such time as the debt is discharged or the officer dies, whichever occurs sooner. (4) Any amount including interest payable to the Government under this section
which remains unpaid shall be deducted in such manner as the appropriate Service
Commission shall determine from any pension or other benefit which would otherwise be
payable under this Act to the officer, his estate or dependants. (5) All amounts paid to the Government under this section shall be paid into the
general revenues of the Republic. 4. (1) There shall be paid to a probationer who ceases to be employed by the
Government on pensionable terms before being confirmed in his appointment the amount
of any payments made by him to the Government under section three.

overnment on pensionable terms before being confirmed in his appointment the amount
of any payments made by him to the Government under section three.

Refunds of payments
(2) Subject to the provisions of this Act, on the death of a probationer, there shall be
paid to the widow or child of such probationer in accordance with the provisions of
subsection (3), or if there is no widow or child, to the estate of such probationer, the
amount of any payments made by such probationer to the Government under section
three. (3) Any amount payable under subsection (2) to a widow or child shall be paid-
(a) if there is a widow and no child, to the widow;

nder section
three. (3) Any amount payable under subsection (2) to a widow or child shall be paid-
(a) if there is a widow and no child, to the widow;

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(b) if there is a widow and one child or more than one child, or no widow but
one child or more, to such person or persons and in such proportions as
shall from time to time be determined by the appropriate Service
Commission. 5. (1) Subject to the provisions of this Act, if an established officer dies and leaves
a widow there shall be paid to the widow a pension equal to the emoluments factor
multiplied by forty per centum of the total of-
Pension for widows
(a) the product of one seven hundred and twentieth of his final pensionable
emoluments multiplied by the number of completed months of pensionable
employment; and
(b) seventy per centum of the product of one seven hundred and twentieth of
his final pensionable emoluments multiplied by the number of complete
months from the date of such officer's death to the date of the sixtieth
anniversary of his date of birth.

uments multiplied by the number of complete
months from the date of such officer's death to the date of the sixtieth
anniversary of his date of birth.

(2) Subject to the provisions of this Act, if a pensioner dies and leaves a widow,
there shall be paid to the widow a pension equal to the pension which would have been
payable to the widow under subsection (1) had the officer died on his last day of
pensionable service. (3) Subject to the provisions of this Act, a pension payable under this section shall
be paid from the day following the date of death of the officer or pensioner, as the case
may be. (4) Any pension payable under this section shall cease on the date on which the
widow remarries. (5) If, in the opinion of the appropriate Service Commission, the widow of an officer
or pensioner is cohabiting with any person the appropriate Service Commission may, if it
thinks fit, terminate the pension payable to her as from a date determined by the
appropriate Service Commission:
Provided that, if the appropriate Service Commission is satisfied at a subsequent
date that the cohabitation has come to an end and is of the opinion that payment of the
pension should be resumed, the pension shall be restored as from a date determined by
the appropriate Service Commission. 6.

inion that payment of the
pension should be resumed, the pension shall be restored as from a date determined by
the appropriate Service Commission. 6.

(1) When an officer or a pensioner who was married under a system permitting of
polygamy dies, the pension or other benefit payable under section four or five shall be
calculated as if there had been only one widow of that officer or pensioner, as the case
may be, and shall be divided equally into the same number of parts as the number of
widows surviving at the date of the death of the officer or pensioner. Payments of pension
or other benefits to
widows of a deceased
person who was
married under a
system permitting of
polygamy

f the officer or pensioner. Payments of pension
or other benefits to
widows of a deceased
person who was
married under a
system permitting of
polygamy

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(2) Each surviving widow of the deceased officer or pensioner, as the case may be,
shall be paid one part of the pension or other benefit calculated in accordance with
subsection (1). (3) A pension payable to a widow under this section shall cease on the date on
which she remarries or dies or, in the opinion of the appropriate Service Commission,
cohabits with any person, and the pension for the remaining widow or widows, if any, shall
not be increased,
7.

of the appropriate Service Commission,
cohabits with any person, and the pension for the remaining widow or widows, if any, shall
not be increased,
7.

(1) Subject to the provisions of this Act, if an established officer or a pensioner
dies and leaves a widow and children, there shall be paid in respect of his children, with
effect from the day following the date of his death, a pension equal to the following
percentages of the widow's pension calculated under the provisions of section five:
Pension for children
(a) for one child-twenty-five per centum;
(b) for two children-forty per centum;
(c) for three children-fifty per centum;
(d) for four children-sixty per centum;
(e) for five or more children-sixty-six and two-thirds per centum:
Provided that on the death or remarriage of the widow the pension in respect of the
children shall be at the rates specified in subsection (2).

entum:
Provided that on the death or remarriage of the widow the pension in respect of the
children shall be at the rates specified in subsection (2).

(2) Subject to the provisions of this Act, if an established officer or pensioner dies
and leaves no widow but leaves children, there shall be paid in respect of those children,
with effect from the day following the date of his death, a pension equal to the following
percentages of the pension that would have been payable to his widow under section five
had he left one:
(a) for one child-fifty per centum;
(b) for two children-eighty per centum;
(c) for three children-one hundred per centum;
(d) for four children-one hundred and twenty per centum;

entum;
(b) for two children-eighty per centum;
(c) for three children-one hundred per centum;
(d) for four children-one hundred and twenty per centum;

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(e) for five or more children-one hundred and thirty-three and one-third per
centum. (3) If a child dies or ceases to be a child within the meaning of this Act, the pension
payable under this section shall cease or, if there are other children, shall be adjusted
accordingly. (4) Any pension payable under this section shall be paid to such person or persons
as shall from time to time be determined by the appropriate Service Commission and
shall, in accordance with its determination, be paid in respect of one child or apportioned
between any two or more of the children. (5) If the deceased officer or pensioner leaves a widow who does not maintain or
deserts or abandons a child of herself and such officer or pensioner, the Permanent
Secretary (Establishments) may, with the concurrence of the appropriate Service
Commission, direct that such portion of the widow's pension as he thinks fit shall be paid
to such person as he may direct and be applied by such person for the benefit of such
child.

ion of the widow's pension as he thinks fit shall be paid
to such person as he may direct and be applied by such person for the benefit of such
child.

(6) Notwithstanding any other provision contained in this Act, if a pension is being
paid under this Act in respect of a child-
(a) because of the death of the father of that child, no further pension shall be
payable under this Act in respect of that child on the death of the
step-father of that child;
(b) because of the death of the step-father of that child, no further pension shall
be payable under this Act in respect of that child on the death of the father
of that child. 8. (1) Subject to the provisions of subsection (2), when an officer or pensioner who
was married under a system permitting of polygamy dies, the pension payable under
section seven in respect of the children shall be calculated on the pension payable as if
there had been only one widow. Payments of pension
to children of a
deceased person who
was married under a
system permitting of
polygamy
(2) The proviso to subsection (1) of section seven shall only apply from the date on
which the last widow's pension ceases in accordance with the provisions of subsection (3)
of section six. 9. (1) Subject to the provisions of this Act, if a guaranteed officer dies and he- Rights of dependants
of guaranteed officers

ion (3)
of section six. 9. (1) Subject to the provisions of this Act, if a guaranteed officer dies and he- Rights of dependants
of guaranteed officers

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(a) leaves a widow and no child or beneficiary, the following provisions shall
apply:
(i) there shall be paid to the widow the pension payable to her under
section five;
(ii) if the pension referred to in sub-paragraph (i) is less than the deficit,
there shall be paid to the widow a special pension equal to the
difference between that pension and the deficit;
(b) leaves a widow and child and, additionally or alternatively, a beneficiary, the
following provisions shall apply:
(i) there shall be paid-
A. to the widow, the pension payable to her under section five;
B.

vely, a beneficiary, the
following provisions shall apply:
(i) there shall be paid-
A. to the widow, the pension payable to her under section five;
B.

in respect of the child, if any, the pension payable in respect of
him under section seven;
(ii) if the aggregate of the pension or pensions, as the case may be,
referred to in sub-paragraph (i) is less than the deficit, there shall be
paid to the widow a special pension equal to the difference from time
to time between the aggregate and the deficit:
Provided that, if the pension payable to the widow referred to in
sub-paragraph (i) ceases to be payable, the provisions of paragraph (c)
shall there-after apply in relation to any child or beneficiary;
(c) does not leave a widow but leaves a child and, additionally or alternatively,
a beneficiary, the following provisions shall apply:
(i) there shall be paid in respect of the child, if any, the appropriate
pension payable in respect of him under subsection (2) of section
seven;
(ii) if the pension referred to in sub-paragraph (i) is less than the deficit,
there shall be paid in respect of the child a special pension equal to
the difference from time to time between the pension and the deficit;
(iii) if the pension referred to in sub-paragraph (i) ceases to be payable
or if no such pension is payable and there is a beneficiary, there
shall be paid in respect of that beneficiary a special pension equal to
the deficit.

r if no such pension is payable and there is a beneficiary, there
shall be paid in respect of that beneficiary a special pension equal to
the deficit.

(2) Any special pension payable under this section, other than a special pension
payable to a widow, shall-
(a) be paid to such person or persons as shall from time to time be determined
by the appropriate Service Commission; and
(b) in accordance with the directions of the appropriate Service Commission be
paid in respect of one child or beneficiary or apportioned between any two
or more children and, additionally or alternatively, beneficiaries.

sion be
paid in respect of one child or beneficiary or apportioned between any two
or more children and, additionally or alternatively, beneficiaries.

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(3) Any special pension payable to a widow under this section shall cease on the
date she remarries.

gal Affairs, Government of the Republic of Zambia
(3) Any special pension payable to a widow under this section shall cease on the
date she remarries.

(4) A widow to whom a pension was payable under this section whose pension
ceased on her remarriage shall-
(a) if her husband dies in her lifetime and she is not eligible to receive any
pension from the Government in respect of her husband's employment in
the service of the Government, be paid the pension which was payable to
her before her marriage-
(i) as from the date of the death of her husband; or
(ii) as from the date that any pension payable in respect of the children
or beneficiaries of her marriage with the guaranteed officer ceases;
whichever is the later; or
(b) if she becomes entitled, on the death of her husband, to a pension from the
Government in respect of her husband's employment in the service of the
Government-
(i) if there are children or beneficiaries of her previous marriage who
are in receipt of a pension under this Act, be paid the pension to
which she becomes entitled on the death of her husband until the
pension payable in respect of the children or beneficiaries ceases
and shall then elect either to continue to be paid such pension or to
be paid in lieu the pension which was payable to her before her
remarriage; or
(ii) if there are no such children or beneficiaries of her previous
marriage, elect forthwith either to be paid such pension or to be paid
in lieu the pension which was payable to her before her remarriage:
Provided that, in the event of a widow electing to be paid the pension which was
payable to her before her remarriage in lieu of any pension which may subsequently
become due, such subsequent pension shall be paid to the children or beneficiaries, if
any, of her remarriage who are living and are eligible for a pension under this Act.

equent pension shall be paid to the children or beneficiaries, if
any, of her remarriage who are living and are eligible for a pension under this Act.

(5) Any reference in paragraph (a) or (b) of subsection (4) to the husband of a
widow shall be construed as a reference to her husband by any remarriage. (6) If a beneficiary dies or ceases to be a beneficiary within the meaning of this Act,
and-
(a) there are no other beneficiaries, the special pension payable in respect of
the beneficiary shall cease;

iary within the meaning of this Act,
and-
(a) there are no other beneficiaries, the special pension payable in respect of
the beneficiary shall cease;

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(b) there are other beneficiaries, the special pension or the portion of that
pension, if any, payable in respect of that beneficiary shall, subject to the
provisions of subsection (2), be payable in respect of the other
beneficiaries. 10. (1) An officer shall, unless he has previously done so, within ninety days after
he becomes subject to the provisions of this Act, furnish the Permanent Secretary with
proof-
Furnishing of
information
(a) of the date of his birth; and
(b) if he is a married man, or a widower with children or beneficiaries, of the
dates of his marriage, and of the births of his wife, children and
beneficiaries (if any). (2) An officer who marries before his last day of pensionable service under the
Government shall, within ninety days after his marriage, furnish the Permanent Secretary
with proof of his marriage and of the date of birth of his wife.

ernment shall, within ninety days after his marriage, furnish the Permanent Secretary
with proof of his marriage and of the date of birth of his wife.

(3) An officer shall, within ninety days after the event, furnish the Permanent
Secretary with proof of-
(a) the birth of any child born to him;
(b) the marriage of any female child or beneficiary;
(c) the death of his wife or of any of his children or beneficiaries. (4) After the death of any married officer, the widow of such officer shall, within
ninety days after the event, furnish the Permanent Secretary with proof of-
(a) the date of the death of the officer;
(b) the birth of any posthumous child born to such officer;
(c) the marriage of any female child or beneficiary of such officer;
(d) the death of any child or beneficiary of such officer;
(e) her own remarriage.

c) the marriage of any female child or beneficiary of such officer;
(d) the death of any child or beneficiary of such officer;
(e) her own remarriage.

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(5) An officer or pensioner who contracts or who has contracted a marriage under a
system permitting of polygamy shall notify the Permanent Secretary of-
(a) the name of each wife;
(b) the names of the children of each marriage; and
(c) the dissolution of any marriage by death or divorce or the nullification of any
marriage. (6) No pension or other benefit shall be paid under this Act-
(a) to a widow until proof of marriage to and the date of the death of the
husband has been furnished;
(b) in respect of a child or beneficiary until proof has been furnished of the
eligibility of that child or beneficiary therefor;
(c) to a widow or in respect of the children of an officer or pensioner married
under a system permitting of polygamy unless their names have been
notified in accordance with the provisions of subsection (5).

or pensioner married
under a system permitting of polygamy unless their names have been
notified in accordance with the provisions of subsection (5).

(7) The proof required to be furnished under this section shall be to the satisfaction
of the Permanent Secretary:
Provided that the payment of a pension or other benefit under this Act shall not be
withheld by reason that any proof furnished is not to the satisfaction of the Permanent
Secretary unless the appropriate Service Commission concurs in the decision to withhold
the payment of the pension or other benefit. 11. (1) If an officer or widow of an officer shall at any time have wilfully made any
false statement respecting any of the particulars required by this Act to be furnished, all or
any part of the rights under this Act of the officer or widow or child or beneficiary of the
officer shall be liable to be forfeited at the discretion of the appropriate Service
Commission. Forfeiture of pension
(2) If a person becoming entitled to or actually in receipt of a pension under this Act
is found guilty by a court of competent jurisdiction-
(a) of misappropriating public moneys or property of the Government; or

a pension under this Act
is found guilty by a court of competent jurisdiction-
(a) of misappropriating public moneys or property of the Government; or

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(b) of making a false statement for the purpose of obtaining a pension, knowing
the statement to be false or not believing it to be true;
his right to any pension or his pension, as the case may be, shall, in accordance with the
directions of the appropriate Service Commission, be suspended, reduced or forfeited, as
the case may be. 12. A pension or other benefit payable under this Act shall not be assignable or
transferable except for the purpose of satisfying-
(a) a debt due to the Government; or
(b) an order of any court for the periodical payment of sums of money towards
the maintenance of the wife or former wife or child or beneficiary of the
officer to whom the pension or other benefit is payable;
and shall not be liable to be attached, sequestered or levied upon for or in respect of any
debt or claim whatsoever except a debt due to the Government:
Pensions or other
benefits not to be
assignable
Provided that the provisions of the Maintenance Orders Act shall apply in relation to
any pension or other benefit payable under this Act. Cap. 56
13.

Provided that the provisions of the Maintenance Orders Act shall apply in relation to
any pension or other benefit payable under this Act. Cap. 56
13.

Any pension or other benefit payable under this Act shall be a charge on the
general revenues of the Republic. Pensions and other
benefits charged on
general revenues of
the Republic