On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 12/09/1997.
3.
—(1) Section 2 of the Pensions Act (Cap. 225) is amended by inserting, immediately after the definition of “other public service”, the following definition:
“ “Pension Authority”, in relation to any officer or retired officer, means a Pension Authority appointed under section 2A for that officer or the class to which that officer belongs;”.
(2) The Pensions Act is amended by inserting, immediately after section 2, the following sections:
2A.
—(1) The President may, for the purposes of this Act, appoint by order in the Gazette one or more Pension Authorities comprising any public officer or group of public officers.
(2) The order under subsection (1) shall specify the class or classes of public officers in respect of which a Pension Authority may exercise its powers or perform its functions under this Act.
(3) A Pension Authority may depute any public officer to exercise or perform on its behalf any power or function conferred on the Pension Authority by this Act subject to such conditions as may be specified by the Pension Authority.
(4) A Pension Authority may exercise any powers or perform any functions conferred on it by this Act notwithstanding the delegation by it of those powers or functions under subsection (3).
2B.
—(1) Subject to subsection (2), the President may depute any Pension Authority to exercise or perform on his behalf any power or function conferred on the President by this Act subject to such conditions as may be specified by the President.
(2) Nothing in subsection (1) shall authorise the President to depute any Pension Authority to exercise on his behalf any of the following powers:
(a)
to make regulations under this Act;
(b)
to declare any office or class of office to be pensionable or non-pensionable, as the case may be, under section 2;
(c)
to determine any service to be public service for the purpose of any provision of this Act;
(d)
to vary the commutation factor or discount rate under section 16;
(e)
to designate schemes of service under section 18(3)(a).
(3) Where by virtue of subsection (1) any power or function of the President under this Act may be exercised or performed on his behalf by a Pension Authority, then, unless the President otherwise directs, the Pension Authority may arrange for the exercise or performance of that power or function by any other public officer.
(4) Any arrangements made by a Pension Authority under subsection (3) for the exercise or performance of any power or function by a public officer shall not prevent the Pension Authority by whom the arrangements were made from exercising or performing that power or function.
(5) The President may also exercise any power or perform any function conferred on him by this Act notwithstanding the delegation by him of that power or function under subsection (1).”.
(3) Section 5 of the Pensions Act is amended by deleting subsection (2) and substituting the following subsection:
“(2) Subject to Article 113 of the Constitution, where it is established to the satisfaction of a Pension Authority that an officer over which it has jurisdiction has been guilty of negligence, irregularity or misconduct, it shall be lawful for the Pension Authority to withhold the pension, gratuity or other allowance for which such officer would have become eligible but for this section.”.
(4) Section 7(2) of the Pensions Act is amended by deleting the words “acting on the advice of the Cabinet,” in paragraph (i).
(5) The Pensions Act is amended by deleting the word “President” wherever it appears in the following provisions and substituting in each case the words “relevant Pension Authority”:
Sections 8 (1) (seventh line), 10 (3) (fourth line), 13 (3) (fifth and sixteenth lines), 14 (1) (sixth line), 14 (2) (second line), 16 (1) (third line), 16 (2) (third line), 16 (2A) (eighth line) and 17 (1) (seventh line).