Related documents
- Is amended by Parliamentary Pensions (Amendment) (No. 2) Act, 2011
- Is amended by Parliamentary Pensions (Amendment) Act, 2011
- Is amended by Parliamentary Pensions (Amendment) Act, 2023
Uganda
Parliamentary Pensions Act, 2007
Act 6 of 2007
- Published in Uganda Gazette 43 on 17 August 2007
- Assented to on 20 July 2007
- Commenced on 1 July 2001
- [This is the version of this document at 31 December 2023.]
- [Note: This legislation was revised and consolidated as at 31 December 2000 and 31 December 2023 by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
- [Amended by Parliamentary Pensions (Amendment) Act, 2011 (Act 3 of 2011) on 21 February 2011]
- [Amended by Parliamentary Pensions (Amendment) (No. 2) Act, 2011 (Act 4 of 2011) on 21 February 2011]
- [Amended by Parliamentary Pensions (Amendment) Act, 2023 (Act 3 of 2023) on 17 March 2023]
Part I – Preliminary
1. Application
This Act shall apply to any person who, on the date of commencement of this Act, was a member of Parliament, whether as an elected member or an ex officio member, or is a member of staff of Parliament.2. Interpretation
In this Act, unless the context otherwise requires—“actuary” means a person recognised as such by the Institute of Actuaries in England, the Faculty of Actuaries in Scotland, the Canadian Institute of Actuaries, the Society of Actuaries of the United States of America, the Institute of the Actuaries of Australia or a person holding such equivalent qualification as the Board of the Uganda Retirement Benefits Regulatory Authority may, by notice in the Gazette, prescribe;“AGM” means the Annual General Meeting of the members of the Scheme including a former member receiving pension under the Scheme or with deferred benefits in the Scheme;“beneficiary or nominee” means a person designated by a member to benefit under the Scheme;“Authority” means the Uganda Retirement Benefits Regulatory Authority;“Board” means the Board of Trustees established under section 23;“currency point” has the value assigned to it in Schedule 1 to this Act;“custodian” means a financial institution whose business include taking responsibility for the safe custody of the funds, securities financial instruments and documents of title of the assets of this scheme funds and licensed under the Uganda Retirement Benefit: Regulatory Authority Act;“dependant” means a son or daughter under the age of eighteen years or a son or daughter above the age of eighteen years or any other: person who is wholly or substantially dependent on a member;“defined benefits Scheme” means a retirement benefits Scheme in which a sponsor undertakes to provide benefits expressed in the form of annuity or lump sum calculation based on work history and guaranteed return on contribution account regardless of the investment performance of the Fund associated with the Scheme and accordingly constitutes a contingent liability for the sponsor;“Fund” means the Parliamentary Pensions Fund established under section 10;“Fund Manager” means a person appointed by the trustees to advise on the investment of the assets of the Scheme in accordance with such terms and conditions of service as may be specified in the instrument of appointment;“hybrid cash balance scheme” means a defined benefits scheme which includes elements of money purchase pension design scheme;“medical practitioner” means a person registered and licensed to practice as a medical practitioner under the Medical and Dental Practitioners Act;“member” means a Member of Parliament and a member of staff of the Parliamentary Commission on permanent and pensionable terms contributing to the Fund;“money purchase pension design scheme” means a scheme that provides benefits based upon the amount of money that is in a member account when benefits are due to be paid;“Parliamentary Commission” means the Parliamentary Commission established by the Administration of Parliament Act;“pensionable service” means service as a member beginning from the 2nd day of July, 2001;“pensioner” means a person receiving pension under this Act;“pensionable emolument” means basic salary, excluding any allowance or gratuity;“reserve account” means a reserve account established under section 30;“retirement” to mean retirement as, or ceasing to be, a member after a period of ten continuous years of service as a member and on attainment of forty-five years of age;“Scheme” means the Parliamentary Pension Scheme established under section 3;“scheme credit” means the total contributions by and in respect of a member and interest accruing on it;“spouse” means a husband or wife by a lawful marriage.Part II – Establishment of Parliamentary Pension Scheme and Parliamentary Pensions Fund
3. Establishment of Parliamentary Pension Scheme
4. Membership of Scheme
5. Contributions to Scheme
6. Voluntary contributions
7. Deductions not assignable, etc.
8. Pension not subject to attachment on bankruptcy
Where a person in receipt of pension under this Act is adjudicated insolvent by a competent court, the person shall continue to receive the pension and the pension shall not be subject to attachment under the insolvency laws.9. Restriction on use of Scheme funds
10. Parliamentary Pensions Fund
There is established a fund to be known as the Parliamentary Pensions Fund for the purposes of the Parliamentary Pension Scheme referred to in section 3.11. Objective of Fund
The objective of the Fund is to—12. Contributions to Fund
13. Payments from Fund
The following payments shall be made from the Fund—Part III – Pensionable service and retirement benefits
14. Pensionable service
15. Pension for former member
16. Refund of contributions
A member who ceases to be a member whose age is less than forty-five yean or who has had less than ten years of pensionable service, shall be entitled to a refund of his or her scheme credit.17. Midterm access to benefits
18. Deferment of payment of benefits
19. Retirement on health grounds
Where a member retires or ceases to be a member by reason of ill health and the Board is satisfied, on the basis of a report of the Parliamentary Commission Medical Board in the case of a member who is a member of staff of the Parliamentary Commission or a specialist medical practitioner approved by the Board, in the case of a member who is a Member of Parliament, that there is no reasonable possibility of the member becoming fit to be an active member again, the member shall be paid—20. Death of member or pensioner
21. Suspension of pension on re-election
22. Establishment of Parliamentary Post-Retirement Medical Fund
Part IV – Management of scheme and fund
23. Establishment of Board of Trustees
24. Powers of Board
For the purpose of carrying out its functions, the Board may exercise, perform and discharge any of the following powers—25. Appointment and functions of Chief Operations Manager of Scheme
26. Other staff of Scheme
27. Expenses of management of Fund
28. Meetings of Board
29. Interest on member accounts
The interest on the scheme credit of each member shall be calculated at the rate specified in Schedule 3 to this Act.30. Reserve account
There shall be established a reserve account of the Fund to which shall be deposited any—31. Accounts and audit
32. Investment
33. Exemption from stamp duty
No stamp duty shall be chargeable under the Stamp Duty Act in respect of any instrument executed by any person on behalf of or in favour of the Fund or in respect of the payment of any benefit or the refunding of any contribution under this Act in any case where, but for this exemption, the Fund or any person acting on behalf of the Fund would be liable to that duty.34. Exemption from income tax
Pension, benefit or refund paid under this Act shall be exempt from income tax.Part V – Retirement benefits for Speaker or Deputy Speaker
35. Application
The provisions of this Part apply to—36. Interpretation for Part
In this Part, unless the context otherwise requires—“daughter” includes a daughter adopted in the manner recognised under: the laws of Uganda;“dependent” includes a spouse, parent, son or daughter;“retirement” means ceasing to hold office as Speaker or Deputy Speaker other than under the circumstances specified under section 37(3)“son” includes a son adopted in the manner recognised under the laws of Uganda.37. Benefits for Speaker or Deputy Speaker ceasing to hold office
38. Funeral of Speaker or Deputy Speaker
The funeral of a person who dies while holding the office of Speaker or Deputy Speaker shall be conducted in accordance with Part E of Schedule 4 to this Act.39. Benefits of spouse of Speaker or Deputy Speaker who dies in office
40. Benefits of dependent of Speaker or Deputy Speaker who dies in office
41. Benefits of dependent of Speaker or Deputy Speaker who dies in retirement
Where a former Speaker or Deputy Speaker dies in retirement, the surviving spouse or spouses and dependents of the former Speaker or Deputy Speaker shall be entitled to the monthly allowances specified in paragraph (1) of Parts C and D of Schedules 4 and 5 for the unexpired period of twenty years from the date of retirement of the Speaker or Deputy Speaker.42. Disapplication of Scheme to Speaker and Deputy Speaker
43. Review of allowances and benefits
The allowances and benefits granted under this Part shall be reviewed every five years.Part VI – Miscellaneous
44. Government guarantee
The Government shall, during the short and medium term, guarantee the solvency of the Scheme for any payment that may be required under it.45. Bi-annual reports to Parliament
46. Audit
All accounts of the Scheme shall be audited by the Auditor General or an auditor appointed by the Auditor General, at least once in a financial year.47. Actuarial review
48. Dispute resolution
Where the Board decides in respect of any member—49. Power to amend Schedules
50. Regulations
51. Annual report
The Board shall, within four months after the expiration of each financial year, submit to the AGM an annual report containing—History of this document
31 December 2023 this version
Consolidation
17 March 2023
Amended by
Parliamentary Pensions (Amendment) Act, 2023
21 February 2011
17 August 2007
20 July 2007
Assented to
01 July 2001
Commenced
Cited documents 2
Act 2
1. | Administration of Parliament Act | 19 citations |
2. | Public Holidays Act | 7 citations |
Documents citing this one 3
Gazette 2
1. | Uganda Government Gazette Acts Supplement dated 2023-03-17 number 3 | |
2. | Uganda Government Gazette dated 2011-02-21 number 12 |
Judgment 1
1. | Boschcon Civil & Electrical Construction Co (U) Ltd v Salini Construttori SPA (Civil Suit No. 151 of 2008) [2012] UGCommC 133 (7 November 2012) |