- Is amended by Public Service Pensions (Amendment) Act, 2021
- Is commenced by Public Service Pensions Act (Commencement) Order, 1997
Public Service Pensions Act, 1996
- Commenced on 17 March 1997 by Public Service Pensions Act (Commencement) Order, 1997
- [This is the version of this document as it was at 31 December 1996 to 23 March 2021.]
Part I – Prelimimary
1. Short title
2. InterpretationIn this Act, unless the context otherwise requires—"appropriate authority", in any case, means the authority charged by the Constitution or other written law with the power to appoint. to exercise disciplinary control over and to remove from office the person to whom that case relates;"Board" means the Public Service Pensions Fund Board established by section four;"Child" in relation to any person entitled to a benefit by or under the provisions of this Act, means a child born in, or out of marriage, step-child, adopted child, and a posthumus child of that person, under the age of eighteen years;"dependent", in relation to any person entitled to a benefit by or under the provisions of this Act, means his spouse, child or such other relative dependent on the person for maintenance, as the Permanent Secretary, responsible for personnel management may recognise for the purposes of this Act;"due notice" means three months notice given in writing;"existing fund" means the Civil Service (Local Conditions) Pensions Fund which was established by the Zambia Civil Service (Local Conditions) Contributory Pensions Act and continued in being by the Civil Service (Local Conditions) Pensions Act, and the Pension funds established under the Defence Act and the African Education Act;[Cap. 48; 1965 edition; Cap. 410; Cap. 131; Cap. 231; 1972 edition]"Fund" means the Public Service Pensions Fund established by section nine;"officer" means a person serving on pensionable terms in the Public Service who has been confirmed in his appointment;"pension", means an annual pension payable during the lifetime of the recipient;"pensionable emoluments" means salary or wages, and any special personal addition to salary or wages granted without any condition that it shall not count for the purpose of calculating pension;"pensionable service" means the aggregate of continuous service, if any, in respect of which contributions have been paid under Part V;"Public Service" means the Judicial Service, the Civil Service, the Defence Forces, the Police and Prisons Service, the Teaching Service, the Zambia Security and Intelligence Service, and any other Government Service prescribed by the President."qualifying continuous Service" means service for a period of at least ten years for which an officer makes contributions under this Act.
Part II – Public Service Pensions Fund Board
3. Establishment of Public Service Pensions Fund BoardThere is hereby established the Public Service Pensions Fund Board which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and with power to acquire, hold, charge and alienate, property, real or personal, and, subject to the provisions of this Act, with power to do all such acts or things as are necessary or incidental to the performance of the duties and the exercise of the powers imposed or conferred upon it by or under the provisions of this Act.
5. Proceedings of Board
6. SecretaryThe Chief Executive shall be the Secretary of the Board.
7. Functions of BoardThe functions of the Board shall be to—
8. Powers of BoardIn the performance of its functions, the Board shall have power to—
Part III – Public Service Pensions Fund
9. Public Service Pensions Fund
10. Members of FundThe Fund shall comprise the following members:
11. Vesting of Fund and transitional provisions
12. Chief ExecutiveThere shall be a Chief Executive of the Fund who shall be appointed by the Board on such terms and conditions of service as the Board may determine.
13. Qualifications of Chief ExecutiveA person shall not be qualified for appointment as Chief Executive unless the Board is satisfied that he has the academic attainments and experience relevant to the management of pension schemes.
14. Functions of Chief ExecutiveThe Chief Executive shall, subject to the provisions of this Act and to the general directions of the Board, be responsible to the Board for the direction of persons serving in the Fund and for the management of the Fund and in particular for—
15. Other staffThe Board may appoint such other staff as it may consider necessary for the performance of the functions of the Fund.
16. Objectives of FundThe Fund shall be based on the social insurance principle of pooling resources and sharing risks and shall pursue the following objectives:
17. Reports to ParliamentThe Board shall submit to Parliament annually a comprehensive report covering the operations of the Fund.
Part IV – Finance and management of Fund
18. Dissolution of existing Fund and repeal of enabling legislationAs from the date mentioned in section nine, the existing fund shall be dissolved and the enabling legislation relating thereto shall stand repealed.
19. Transfer of assetsWhen the existing Fund is dissolved pursuant to section eighteen, all property, real or personal, and all rights and liabilities of the existing Fund, and all property, real or personal, held by any person on behalf of the existing Fund, shall, on the date mentioned in section eighteen, vest in the Board without any conveyance or other instrument or the authority of any court.
20. Property of FundThe Fund shall consist of—
22. Protection of member's account
23. Application of FundThere shall be charged on, and discharged from, the Fund—
24. Appointment of actuaryThe Board shall appoint an actuary, who shall be a person holding internationally recognised qualifications, to carry out the duties and exercise the powers imposed or conferred upon him by the provisions of this Act.
25. Acturial valuation of Fund
26. Action on acturial report
27. Financial yearThe financial year of the fund shall be the period of twelve months ending on the 31st December in each year.
28. Accounts and audit
29. Investment of moneys of fund
Part V – Contributions
30. Persons required to contribute and rates of contribution
31. Voluntary contributions for previous service
32. Method of payment of contributions
Part VI – Age of retirement
33. Age of retirementSubject to the other provisions of this section or any other written law, an officer shall retire on the fifty-fifth anniversary of the date of his birth:Provided that—
34. Death after twenty years services
35. Service after retirementNo service by any officer after the date for his retirement by or under this section shall be taken into account in calculating any pension or lump sum payment under this Act.
Part VII – Benefits on registration, discharge or dismissal
36. Benefits on resignation
37. Benefits on dischargeA probationer who is discharged shall be refunded the sum of the contributions the officer made plus interest at the ruling Central Bank deposit rate.
38. Benefits on dismissalAny officer or probationer who is dismissed shall be refunded the sum of the contributions the officer made plus interest at the ruling Central Bank deposit rate.
Part VIII – Benefits on retirement
39. Benefits for officers retiring on abolition of post or to effect greater efficiency or economy
40. Benefits for officers retiring on grounds of ill health
41. Benefits for officers retiring on grounds not otherwise describedSubject to the provisions of Part X, an officer who retires under section thirty-three on grounds other than those described in sections thirty-nine and forty shall, with effect from the date of the officer's retirement, be entitled—
Part IX – Benefits for spouses and children of deceased pensioners
42. Benefits on death of probationer
43. Benefits on death of officer
44. Special death gratuity
45. Pensions for spouses
46. Pensions for children
Part X – Miscellaneous
47. Information relevant to payment of benefits to be furnished
48. Circumstances when benefits may be withheld, suspended or reduced
49. Termination or reduction of pension to spouseIf a person to whom a pension is otherwise payable under this Act fails to maintain, deserts or abandons any child of a deceased officer entitled to a pension that pension may be reduced by such proportion as the Board may direct, and that proportion shall be paid to such person as the Board may determine for the benefit of such child.
50. Pensions in relation to spouse and children of polygamous marriage Medical examination or treatment of certain pensioners
51. Medical examination or treatment of certain pensionersAny person who is in receipt of a pension or allowance on the grounds of ill health or any person retiring in consequence of injury may be subsection, the person's pension or allowance shall be restored—
52. Resumption of duty by officer retired on grounds of ill health
53. Commutation of pensions
54. Review of pensionThere shall be a review of pensions at such intervals as the Board may determine.
55. Transitional provisions and conditions of serviceThe transitional provisions and conditions of service relating to death or injury in the course of duty are provided for in the First and Second Schedules respectively.
56. RegulationsThe Minister may, after consultation with the Board, by statutory instrument, make regulations for the better carrying into effect of the provisions of this Act.
57. Act to bind the RepublicThis Act shall bind The Republic.
58. Repeal of Civil service (Local Conditions) Pensions Act 1972 editionThe Civil Service (Local Conditions) Pensions Act, Cap. 410, is hereby repealed.
History of this document
24 March 2021 amendment not yet applied
17 March 1997
31 December 1996 this version
|Public Service (Retirement Age) Regulations, 2023||Statutory Instrument 12 of 2023|
|Public Service Pensions (Public Service Prescription) Order, 1999||Statutory Instrument 49 of 1999|
Cited documents 2
Documents citing this one 10
- Attorney General v Phiri & Others (10 of 2018)  ZMCA 59 (24 May 2019)
- Gondwe v Attorney General (Appeal 34 of 2013)  ZMSC 260 (12 August 2016)
- Josiah Subakanya & Others v The Attorney General (Appeal 197 of 2015)  ZMSC 341 (31 July 2018)
- Lieutenant Muchindu v Attorney General (CCZ 34 of 2021)  ZMCC 2 (27 January 2022)
- Malcom Morgan Walubita & Others v The Attorney General & Another (Appeal 5 of 2016)  ZMSC 316 (7 September 2018)
- Malcom Morgan Walubita and Ors v Permanent Secretary, Ministry of Finance and National Planning and Ors (Appeal 5 of 2016)  ZMSC 418 (7 September 2018)
- Moyo v Attorney General (CCZ 6 of 2021)  ZMCC 5 (28 February 2022)
- Ndhlovu and Ors v Road Development Agency (CCZ 5 of 2022)  ZMCC 20 (21 September 2022)
- Nkandu Green and Others v The Attorney General and Another (HP 640 of 2012)  ZMHC 183 (20 September 2017)
- Owen Mayapi & Others v Attorney-General (3 of 2019)  ZMCC 5 (20 May 2020)