Schedule 1 (Section 3)
The Pensions Regulations
Part I – Preliminary
1.CitationThese Regulations may be cited as the Pensions Regulations.2.InterpretationIn these Regulations, unless the context otherwise requires—“pensionable service” means service which may be taken into account in computing pension under these Regulations;“qualifying service” means service which may be taken into account in determining whether an officer is eligible by length of service for pension or gratuity.Part II – Officers without other public service
3.Application of this PartExcept when the Pensions Authority in any special case otherwise directs, this Part shall not apply in the case of any officer transferred to or from the service of the Government from or to other public service except for the purpose of determining whether the officer would have been eligible for pension or gratuity, and the amount of pension or gratuity for which the officer would have been eligible, if the service of the officer had been wholly under the Government.4.Pensions to whom and at what rates to be grantedSubject to the Act and these Regulations, every officer holding a pensionable office in the service of the Government, who has been in such service in a civil capacity for ten years or more, may be granted on retirement a pension at the annual rate of one five-hundredth of his or her pensionable emoluments for each complete month of his or her pensionable service.5.Adjustment of pensionPension payable under regulation 4 shall be subject to periodic review to take account of changes in the value of money.6.Pension adjustment to be based on inflationFor purposes of regulation 5, the pensions authority shall adjust pension based on the annual rate of inflation as declared by the Uganda Bureau of Statistics at the end of the previous financial year.7.Increase of existing pensions for citizens(1)Subject to subregulation (2), from the 1st day of July, 1988, there shall be paid on every pension payable in respect of the service of the Government to a person who—(a)is a citizen of Uganda; and(b)is not otherwise disqualified from receiving a pension under any law for the time being in force,an appropriate increase computed in accordance with the following formula—The Pensions Computation FormulaPn = rpfn x sn x pcn x lnWhere—Pn means new pension;rpfn means new reduced pension fraction;sn means new salary;pcn means new pension constant;ln means new length of pensionable service in complete months,permitted under the law under which the grant of pension to a person whose pension is under review is payable in the computation of pensions.(2)There shall be no increase in pension where the amount of pension payable before the computation in accordance with the formula set out in subregulation (1) is greater than the amount which would be payable after the computation; and in any such case, the greater pension shall be deemed to be payable and shall continue to be in conformity with this regulation.8.Commuted pension not affectedA variation of pension made under these Regulations shall not apply to a pension or any part of a pension which is commuted under any law relating to the commutation of pensions.9.Pension not to be reduced by these RegulationsNothing in these Regulations shall operate so as to reduce the amount of pension payable to any person immediately before any variation which may be made under these Regulations.10.Lump sum to be paid to annual allowance earners(1)This regulation shall apply to every person who is entitled to receive an annual allowance.(2)There shall be paid to a person to whom this regulation applies, a lump sum of money in the following manner—(a)for service for 40 years and above, 45,552 shillings;(b)for service for 35 years and above but below 40 years, 37,956 shillings;(c)for service for 30 years and above but below 35 years, 30,360 shillings;(d)for service for 25 years and above but below 30 years, 22,776 shillings.(3)Upon the payment to a person of compensation under this regulation, the payment to him or her and the annual allowance shall cease.11.Gratuities where length of service does not qualify for pensionEvery officer, otherwise qualified for a pension, who has not been in the service of the Government in a civil capacity for ten years may be granted on retirement a gratuity not exceeding ten times the annual amount of the pension which, if there had been no qualifying period, might have been granted to him or her under regulation 4 of these Regulations.12.Marriage gratuitiesWhere a female officer, who has been in the service of the Government for not less than five years and has been confirmed in a pensionable office, retires or is required to retire from that service for the reason that she is about to marry or has married, and is not eligible for the grant of any pension or otherwise eligible for a gratuity under this Part of these Regulations, she may be granted, on production within six months after her retirement, or such longer period as the Pensions Authority may in any particular case allow, of satisfactory evidence of her marriage, a gratuity of an amount not exceeding—(a)one year’s pensionable emoluments; or(b)five times the annual amount of the pension which might have been granted to her under regulation 4 of these Regulations had there been no qualifying period and had that regulation been applicable to her,whichever amount shall be the less.Part III – Transferred officers
13.Application of this PartThis Part of this regulation shall apply only in the case of an officer transferred to or from the service of the Government from or to other public service.14.Interpretation(1)In this Part and in Part IV of these Regulations—“scheduled Government” means—(a)the Government of any territory, or any authority, mentioned in Schedule 1 to these Regulations;(b)the Government of Ceylon, in respect of any officer appointed to service under that Government before 4th February, 1948;(c)the Government of Palestine, in respect of any officer appointed to service under that Government before 15th May, 1948;(d)the Government of the Somali Republic, in respect of any officer appointed to service under the Government of the Somaliland Protectorate before 26th June, 1960;(e)the Government of Cyprus, in respect of any officer appointed to service under that Government before 16th August, 1960;(f)the High Commissioner for Transport in Kenya and Uganda in respect of any officer appointed to the service of that authority prior to 1st May, 1948; and(g)the East African Common Services Organisation or, with effect from 1st December, 1967, the East African Community in respect of any person deemed to have been appointed or appointed to service as President, Vice President, Justice of Appeal, registrar, officer or servant of the Court of Appeal for Eastern Africa or, with effect from 1 st December, 1967, of the Court of Appeal for East Africa;“service in the group” means service under the Government and under a scheduled Government.(2)In construing this Part and Part IV of these Regulations, service after 30th day of June, 1953, which is pensionable service for the purposes of the Teachers’ Pensions Act, shall be deemed to be service under a scheduled Government.(3)For the purposes of these Regulations—(a)any officer in public service under the Government of the Federation of Rhodesia and Nyasaland immediately before 1st January, 1964, who was immediately before that date employed on secondment to service under the Government of Southern Rhodesia, or Northern Rhodesia or Nyasaland, or was as from that date so employed, shall be deemed to continue to serve in public service under the Government of the Federation of Rhodesia and Nyasaland until his or her employment on secondment is terminated;(b)any pension awarded on or after 1st January, 1964, in respect of service under the Government of the Federation of Rhodesia and Nyasaland shall be deemed to have been granted by that Government notwithstanding the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963.15.Pension for service wholly within group(1)Where the other public service of an officer to whom this Part applies has been wholly under one or more scheduled Governments and his or her aggregate service would have qualified him or her had it been wholly in the service of the Government for a pension under the Act, he or she may, subject, in the case of retirement from superannuated service under the Federated Superannuation System or a similar scheme, to the proviso to section 10(1)(b) of the Act, on his or her retirement from the public service in circumstances in which he or she is permitted by the law or regulations of the service in which he or she is last employed to retire on pension or gratuity, be granted in respect of his or her service under the Government a pension of such an amount as bears the same proportion to the amount of pension for which he or she would have been eligible had his or her service been wholly under the Government, as the aggregate amounts of his or her pensionable emoluments during his or her service under the Government bears to the aggregate amounts of his or her pensionable emoluments throughout his or her service in the group.(2)In determining for the purposes of this regulation the pension for which an officer would have been eligible if his or her service had been wholly under the Government—(a)in the application of regulation 25, his or her pensionable emoluments shall be determined by reference to the pensionable emoluments enjoyed by him or her at the date of retirement from the public service, except that where the officer is not serving in a scheduled Government at that date, the date upon which he or she was last transferred from the service of a scheduled Government shall be deemed to be the date of his or her retirement for the purposes of this paragraph;(b)no regard shall be had to an additional pension granted under regulation 30 or 31;(c)regard shall be had to the condition that the pension may not exceed eighty-seven percent of his or her highest pensionable emoluments;(d)no period of other public service under a scheduled Government in respect of which no pension or gratuity is granted to him or her shall be taken into account.(3)For the purposes of this regulation, the aggregate amount of an officer’s pensionable emoluments shall be taken as the total amount of pensionable emoluments which he or she would have received or enjoyed had he or she been on duty on full pay in his or her substantive office or offices throughout his or her period of service in the group subsequent to the attainment of the age of eighteen years or, where it would be to his or her advantage, twenty years; but—(a)in calculating the aggregate amount of his or her pensionable emoluments, no account shall be taken of any service under the Government or a scheduled Government in respect of which no pension or gratuity is granted to him or her by the Government or the scheduled Government, as the case may be;(b)where any service in a civil capacity otherwise than in a pensionable office is taken into account as pensionable service, the officer’s aggregate pensionable emoluments during that service shall be taken into account to the same extent as the service is taken into account as pensionable service.(4)In this regulation, “gratuity” means a lump sum payable in respect of service in a pensionable office and shall not be construed as meaning a gratuity awarded in respect of service on contract or agreement or the benefits payable under a provident fund scheme.16.Pension where other service(1)Where the other public service of an officer to whom this Part applies has not included service under any of the scheduled Governments, and his or her aggregate service would have qualified him or her, had it been wholly in the service of the Government, for a pension under these Regulations, he or she may, subject, in the case of retirement from superannuated service under the Federated Superannuation System or a similar scheme, to the proviso to section 10(1)(b) of the Act, on his or her retirement from the public service in circumstances in which he or she is permitted by the law or regulations of the service in which he or she is last employed to retire on a pension or gratuity, be granted in respect of his or her service under the Government a pension at the annual rate of one four-hundredth of his or her pensionable emoluments for each complete month of his or her pensionable service in the service of the Government.(2)Where the officer is not in the service of the Government at the time of his or her retirement in the circumstances referred to in subregulation (1), his or her pensionable emoluments for the purposes of the subregulation shall be those which would have been taken for the purpose of computing his or her pension if he or she had retired from the public service and been granted a pension at the date of his or her last transfer from the service of the Government.(3)In this regulation, “gratuity” means a lump sum payable in respect of service in a pensionable office and shall not be construed as meaning a gratuity awarded in respect of service on contract or agreement or the benefits payable under a provident fund scheme.17.Pension where other service both within and not within groupWhere a part only of the other public service of an officer to whom this Part applies has been under one or more of the scheduled Governments, regulation 15 shall apply; but in calculating the amount of pension, regard shall be had only to service in the group.18.Gratuities where length of service does not qualify for pensionWhere an officer to whom this Part applies retires from the public service in circumstances in which he or she is permitted by the law or regulations of the service in which he or she is last employed to retire on pension or gratuity, but has not been in the public service in a civil capacity for ten years, he or she may, subject, in the case of retirement from superannuated service under the Federated Superannuation System or a similar scheme, to the proviso to section 10(1)(b) of the Act, be granted in respect of his or her service under the Government a gratuity not exceeding five times the annual amount of the pension which, if there had been no qualifying period, might have been granted to him or her under regulation 15, 16 or 17, as the case may be; except that where such an officer retires or is deemed to have retired from the service of the Government of Kenya, Tanganyika, Zanzibar or Tanzania or from the service of the Common Services Organisation, the East African Railways and Harbours Administration, the East African Posts and Telecommunications Administration, the East African Community, the East African Railways Corporation, the East African Harbours Corporation, or the East African Posts and Telecommunications Corporation under any written law relating to retiring benefits and compensation which applies to that service or to any category of any such service, he or she may be granted, in respect of his or her service under the Government of Uganda, a pension calculated in accordance with regulation 15 or 17 notwithstanding that he or she has not completed in the aggregate the minimum period of qualifying service.19.Marriage gratuities(1)Where a female officer to whom this Part of these Regulations applies, retires or is required to retire from the service of the Government for the reason that she is about to marry or has married, and—(a)would have been eligible for a gratuity under regulation 10 if her service had been wholly under the Government; and(b)is not eligible for the grant of any pension or otherwise eligible for a gratuity under this Part,she may be granted in respect of her service under the Government a gratuity of an amount not exceeding five times the annual amount of the pension for which she would have been eligible under regulation 15, 16 or 17 had there been no qualifying period and had regulation 15, 16 or 17, as the case may be, been applicable to her.(2)For the purpose of computing the amount of the gratuity—(a)in relation to a pension under regulation 15 or 17 of these Regulations, regulation 15(2)(c) of these Regulations shall have effect as if the reference in it to eighty-seven percent of her highest pensionable emoluments were a reference to one-fifth of her annual pensionable emoluments;(b)in relation to a pension under regulation 15, 16 or 17 of these Regulations, the annual amount of that pension shall not exceed one-fifth of her annual pensionable emoluments.Part IV – General
20.General rules as to qualifying service and pensionable service(1)Subject to these Regulations, qualifying service shall be the inclusive period between the date on which an officer begins to draw salary in respect of the public service and the date of his or her leaving the public service, without deduction of any period during which he or she has been absent on leave.(2)No period which is not qualifying service by virtue of subregulation (1) shall be taken into account as pensionable service.(3)No period during which the officer was not in the public service shall be taken into account as qualifying service or as pensionable service; except that notwithstanding that Palestine ceased to be a territory under British mandate on 15th May, 1948, any officer who held office in the service of the Government of Palestine immediately prior to that date shall for the purposes of these Regulations be deemed to continue in the public service until either he or she is appointed to the public service elsewhere, or if he or she is not so appointed, he or she retires or is removed from office.(4)Notwithstanding subregulation (3), an officer who is granted leave of absence on the abolition of his or her office shall be deemed to continue in the public service until the expiration of the leave, and the period during which the officer was so absent on leave shall be taken into account as qualifying service or as pensionable service in accordance with these Regulations.21.Continuity of service(1)Except as otherwise provided in these Regulations, only continuous service shall be taken into account as qualifying service or as pensionable service; except that any break in service which—(a)does not arise from misconduct or voluntary resignation;(b)has been approved by the Pensions Authority on any reasonable grounds; or(c)in the case of an officer of the Ministry of Education who, before the break, was employed as a school teacher, arises from membership of Parliament, shall be disregarded for the purposes of this subregulation.(2)An officer—(a)who has retired from the public service without pension on account of ill health, abolition of office, or re-organisation designed to effect greater efficiency or economy, and has subsequently been re-employed in the public service; or(b)who has left pensionable service under the Teachers’ (Superannuation) Act, 1925, of the United Kingdom or any Act of the United Kingdom amending or replacing that Act, or under the Oversea Superannuation Scheme, or under any enactment approved by the Pensions Authority for the purpose of this regulation, with a view to entering public service not being service pensionable under such Act, scheme or enactment, and has, not later than three months, or such extended period as the Pensions Authority may in any particular case approve, after leaving such first-mentioned service, received any salary in respect of employment in public service not so pensionable,may, if the Pensions Authority thinks fit, be granted the pension or gratuity for which he or she would have been eligible if any break in his or her public service immediately prior to such re-employment or employment had not occurred, such pension to be in lieu of—(i)any pension previously granted to him or her from the public funds of Uganda; and(ii)any gratuity so granted which is required to be refunded as a condition of the application to the officer of this regulation,but additional to any gratuity so granted which is not required to be so refunded.22.Leave without salaryNo period during which an officer has been absent from duty on leave without salary shall be taken into account as pensionable service unless the leave has been granted on grounds of public policy with the approval of the Pensions Authority.23.Service in Her Majesty’s ForcesWhere an officer during some period of his or her service has been on the active list of the Royal Navy, the Army or the Royal Air Force, and pension contributions have been paid in respect of that period from the funds of Uganda or of any scheduled Government and have not been refunded, that period shall not be taken into account as pensionable service.24.War service(1)Where an officer who held a pensionable office serves with the armed forces in time of war (in this regulation referred to as “military service”) or in civilian employment connected with the prosecution of the war (in this regulation referred to as “civilian service”), and before so serving had been employed in the public service, then the following provisions shall have effect—(a)during the period of such military or civilian service, including in the case of—(i)military service, any period of service with the armed forces after the termination of the war (which period shall be included in the expression “military service”);(ii)civilian service, any period of civilian employment which may be approved by the Pensions Authority, but which in no case shall exceed six months, after the termination of the war, such employment having been prior to the termination of the war connected with the prosecution of the war (which period shall be included in the expression “civilian service”),the officer shall be deemed to have been on leave on full salary from the public service in which he or she was last employed, and to have held the substantive office last held by him or her in that service prior to such military or civilian service;(b)during any period between his or her leaving the public service for the purpose of serving in the armed forces or in any such civilian employment and the date of his or her commencing such military or civilian service, he or she shall be deemed to be on leave without salary, not granted on grounds of public policy, from the public service in which he or she was last employed, and to have held the substantive office last held by him or her in that service prior to such military or civilian service; and during any period between the termination of his or her military or civilian service and the date of his or her re-entering the public service, he or she shall, for such purposes, be deemed to be on leave as aforesaid from the public service, and to have held the substantive office in which he or she is re-employed,but—(c)this regulation shall not apply—(i)when either period mentioned in paragraph (b) of this regulation exceeds three months, or such longer period as the Pensions Authority may in any special case determine; or(ii)if the officer fails after such military or civilian service to re-enter the public service otherwise than in circumstances in which he or she would be permitted, under the law or regulations applicable to the public service in which he or she is last employed prior to such military or civilian service, to retire on pension or gratuity, such circumstances arising not later than the expiration of three months, or such longer period as may be determined as aforesaid, after the termination of his or her military or civilian service;(d)if during any period mentioned in paragraph (a) of this regulation the officer has qualified for pension or received emoluments in lieu of pension rights, actually in respect of military service, paragraph (a) of this regulation shall, as respects that period, have effect as if the words “leave without salary not granted on grounds of public policy” were substituted for the words “leave on full salary”;(e)if during his or her military or civilian service the officer is injured or killed, he or she shall not be deemed to have been injured or killed in the actual discharge of his or her duty;(f)the provisions of this subregulation which require that the officer shall be deemed to have held a specified office and to have been on leave from the public service shall not apply in respect of any period during which he or she has actually held any other substantive office and has been on leave from any public service;(g)the Pensions Authority may, in any case, direct that this regulation shall apply where the office in the public service last held by the officer prior to military or civilian service was not a pensionable office.(2)In this regulation, the expression “the termination of the war” means such date as the Pensions Authority may declare to be the date on which the war terminated for the purposes of this regulation.25.Emoluments to be taken for computing pension or gratuityFor the purpose of computing the amount of the pension or gratuity granted to an officer under the Act, the full annual pensionable emoluments enjoyed by him or her immediately prior to the date of his or her retirement shall be taken.26.Severance pay for officers whose offices are abolished under Public Service Reform Programme(1)If an officer holding a pensionable office ceases to hold that office as a result of the abolition of that office under the Public Service Reform Programme, that officer shall be paid severance pay according to the formula specified in Schedule 2 to the Regulations.(2)For the purposes of the severance pay referred to in subregulation (1), any service beyond twenty years shall be ignored.27.Service otherwise than in pensionable officeOnly service in a pensionable office shall be taken into account as pensionable service; except that—(a)where a period of continuous service in a civil capacity otherwise than in a pensionable office, or service in a pensionable office otherwise than on pensionable terms, is immediately followed by service in a pensionable office, and the officer is confirmed in the pensionable office, the Pensions Authority may approve that—(i)in the case of an officer eligible for payment of a gratuity otherwise than under these Regulations, or for payment of a bonus under the Government Employees Provident Fund Act, in respect of that period or part of that period, the whole of that period or such part of it, as the case may be, shall be taken into account; or, if the officer has received additional increments of salary in recognition of service otherwise than on pensionable terms, such lesser proportion of such period or such part of it as the Pensions Authority may determine; and(ii)in any other case, the whole of that period, or such lesser proportion as the Pensions Authority may determine, shall be taken into account,subject in either case to the exclusion of any part of that period in respect of which an officer has been paid, and is not permitted to repay, or does not repay on demand, any such gratuity or bonus, or in respect of which any other superannuation contributions have been paid by the Government;(b)any break in service which may be disregarded under regulation 21 may likewise be disregarded in determining for the purposes of paragraph (a) of this regulation whether one period of service immediately follows another period of service;(c)where an officer has been transferred from a pensionable office in which he or she has been confirmed to an office other than a pensionable office and subsequently retires either from a pensionable office or from such other office, his or her service in the other office may, with the approval of the Pensions Authority, be taken into account as though it were service in the pensionable office which he or she held immediately prior to the transfer, and at the pensionable emoluments which were payable to him or her immediately prior to the date of transfer;(d)where a period of service in a non-pensionable office is taken into account under this regulation, the officer shall, during that period, be deemed for the purposes of regulations 12, 30 and 31 to be holding a pensionable office, and where that period is taken into account under paragraph (c), to have been confirmed in it.28.Acting serviceAny period during which an officer has performed only acting service in an office may be taken into account as pensionable service (subject if the office is a non-pensionable office, to regulation 27) if the period of the acting service—(a)is not taken into account as part of the officer’s own pensionable service in other public service; and(b)is immediately preceded or followed by service in a substantive capacity in a pensionable office under the same Government or authority,and not otherwise.29.Service under age or on probation or agreementExcept as otherwise provided in these Regulations, there shall not be taken into account as pensionable service—(a)any period of service while the officer was under the age of eighteen years or, where it would be to his or her advantage, twenty years; or(b)any period of service while he or she was on probation or agreement, unless without break of service he or she is confirmed in a pensionable office in the public service,and any break of service which may be disregarded under regulation 21 may likewise be disregarded in determining whether the officer is confirmed in a pensionable office without break of service.Part v – Supplementary
30.Abolition of office and re-organisationIf an officer holding a pensionable office retires from the public service in consequence of the abolition of his or her office or for the purpose of facilitating improvement in the organisation of the department to which he or she belongs, by which greater efficiency or economy may be effected, he or she may—(a)if he or she has been in the public service for less than ten years, be granted in lieu of any gratuity under regulation 11 or 18, a pension under regulation 4, 15, 16 or 17, as the case may be, as if the words “for ten years or more” were omitted from regulation 4;(b)if he or she retires from the service of the Government, be granted an additional pension at the annual rate of one-quarter of the pension for which he or she would be eligible under regulation 4, 15, 16 or 17, if all his or her service in the group had been wholly in the service of the Government,except that the addition together with the remainder of the officer’s pension shall not exceed the pension for which he or she would have been eligible if he or she had continued until the age of fifty-five years to hold the office held by him or her at the date of his or her retirement having received all increments for which he or she would have been eligible by that date.31.Officers injured or contracting diseases in discharge of their duties(1)This regulation shall apply to an officer who while in the service of the Government either—(a)is permanently injured in the actual discharge of his or her duty by some injury specifically attributable to the nature of his or her duty which is not wholly or mainly due to, or seriously aggravated by, his or her own serious and culpable negligence or misconduct; or(b)contracts a disease to which he or she is specifically exposed by the nature of his or her duty, not being a disease wholly or mainly due to, or seriously aggravated by, his or her own serious culpable negligence or misconduct.(2)In this regulation, unless the contrary intention appears, references to an officer being injured and to the date on which an injury is sustained shall respectively be construed as including references to his or her contracting a disease mentioned in subregulation (1) and to the date on which the disease is contracted.(3)Where an officer to whom this regulation applies is holding a pensionable office in which he or she has been confirmed—(a)he or she may, if his or her retirement is necessitated or materially accelerated by his or her injury and he or she has been in the public service for less than ten years, be granted, in lieu of any gratuity under regulation 11 or 18, a pension under regulation 4, 15, 16 or 17, as the case may be, as if the words “for ten years or more” were omitted from regulation 4;(b)he or she may, in addition, be granted on retirement a pension at the annual rate of the proportion of his or her actual pensionable emoluments at the date of his or her injury appropriate to his or her case as shown in the following table—when his or her capacity to contribute to his or her own support is—| slightly impaired | five-sixtieths |
| impaired | ten-sixtieths |
| materially impaired | fifteen-sixtieths |
| totally impaired | twenty-sixtieths |
except that the amount of the pension under this paragraph may be reduced to such an extent as the Pensions Authority shall think reasonable where the injury is not the cause or the sole cause of retirement.(4)Where an officer to whom this regulation applies is not holding a pensionable office, or is holding a pensionable office in which he or she has not been confirmed, he or she may be granted on retirement a pension of the same amount as the pension which might be granted to him or her under subregulation (3)(b) as if his or her office were a pensionable office and he or she had been confirmed in it. Regulation 32 shall not apply to a pension granted under this subregulation.(5)If, for the purpose of assessing the amount of any pension to be granted under subregulation (3)(b) or (4) to any officer to whom this regulation applies, the degree of permanent impairment of his or her capacity to contribute to his or her support is in doubt, he or she may be granted a provisional award to have effect until such time as the degree of permanent impairment can be determined. Regulation 32 shall not apply to an award made under this subregulation.(6)If an officer travelling by a route approved by the responsible officer to or from or within Uganda at the commencement or termination of his or her service, or of a period of duty, secondment, leave or in pursuance of official instructions, is permanently injured as a result of damage to the vessel, aircraft, train or vehicle in which he or she is travelling, or any act of violence directed against the vessel, aircraft, train or vehicle, the officer shall be deemed for the purpose of this regulation to have been injured in the circumstances described in subregulation (1).(7)Where the Pensions Authority is satisfied that compensation under the law relating to workers compensation is payable to an officer in consequence of any injury for which a pension may be granted under subregulation (3)(b) or (4), the Pensions Authority may take that compensation into account against the pension in such manner and to such extent as he or she thinks fit and may withhold or reduce the pension accordingly. Regulation 32 shall not apply where the Pensions Authority acts under this subregulation.(8)Neither subregulation (3) nor (4) shall apply in the case of an officer who, in consequence of his or her injury is entitled under the Oversea Superannuation Scheme to benefits corresponding to the benefits granted under those subregulations.(9)Where the Pensions Authority is satisfied that damages have been or will be recovered by an officer in respect of an injury for which a pension may be granted under subregulation (3)(b) or (4), the Pensions Authority may take those damages into account against the pension in such manner and to such extent as he or she may think fit and may withhold or reduce the pension accordingly.(10)For the purposes of subregulation (9) an officer shall be deemed to recover damages whether they are paid in pursuance of a judgment or order of the court or by way of settlement or compromise of his or her claim and whether or not proceedings are instituted to enforce that claim.32.Gratuity and reduced pension(1)Any officer to whom a pension is granted under the Act may, at his or her option exercisable not later than the day immediately preceding the date of his or her retirement from the public service, or at such later date as the Pensions Authority may in any special case approve, be paid in lieu of such pension, a pension at the rate of two-thirds or any greater fraction of such pension together with a gratuity equal to fifteen times the amount of the reduction so made in the pension.(2)In the application of this regulation to cases where the limitation prescribed by section 13(2) of the Act operates, the words “such pension” shall mean the amount of pension which the officer would have drawn from the public funds of Uganda if he or she had not exercised his or her option under this regulation.(3)Where an officer has exercised the option mentioned in subregulation (1), he or she may, not later than the day immediately preceding the date of his or her retirement from the public service or such later date as the Pensions Authority may in any special case approve, amend or revoke the option.33.Gratuities for police and prison officers(1)A police officer below the rank of assistant inspector or a prison officer below the rank of principal officer may, if he or she has served as a police officer or a prison officer for twelve years or more, be granted on his or her discharge or retirement from the Uganda Police Force or the Uganda Prisons Service, as the case may be, a gratuity of an amount not exceeding twenty-five percent of his or her total emoluments; except that no gratuity shall be paid in respect of any period of service—(a)as a pensionable officer confirmed in his or her appointment; or(b)which is taken into account as pensionable service under regulation 27.(2)Where a police officer or prison officer to whom this regulation applies has previous service in the police or prisons service of any of the East African territories, or under a regular engagement in the armed forces, that previous service may, in calculating a gratuity payable under this regulation, be taken into account as if it were police or prisons service under the Government; except that—(a)no such previous service shall be so taken into account unless the officer enlisted in the Uganda Police Force or Uganda Prisons Service within six months, or such greater period, not exceeding two years, as the Pensions Authority may allow, of the end of such previous service; and(b)no period of such previous service in respect of which the officer has received a gratuity or other retirement benefit shall be so taken into account.(3)Notwithstanding subregulation (1), a gratuity may be paid if an officer is discharged in any of the circumstances described in section 10(1)(d), (e) or (f) of the Act or on the grounds of his or her inability to discharge his or her duties efficiently, or is required to retire under section 12 of the Act; but the Pensions Authority may direct that a gratuity payable to an officer who has been discharged on the grounds of his or her inability to discharge his or her duties efficiently shall be reduced by such amount as the Pensions Authority thinks just and proper, or altogether withheld.(4)Where a police officer below the rank of assistant inspector, or a prison officer below the rank of principal officer, dies while in the service of the Government, his or her dependents may be awarded a gratuity equal to the gratuity which might have been granted to the officer had he or she been discharged in the circumstances described in section 10(1)(e) of the Act at the date of his or her death.34.IdentityA person to whom a pension, gratuity or other allowance has been granted under the Act shall, before any such pension, gratuity or allowance is paid to him or her, satisfy the paying authority as to his or her identity in such manner as the Pensions Authority may from time to time direct.Schedules to Regulations
Schedule 1 to Regulations (Regulation 14)
Scheduled Governments
AdenAntiguaBahamasBarbadosBasutolandBechuanaland ProtectorateBermudaBotswanaBritish Antarctic TerritoryBritish GuianaBritish HondurasBritish Solomon Islands ProtectorateBruneiCayman IslandsCrown Agents for Oversea Governments and AdministrationsDominicaEast African Common Services OrganisationEast African CommunityEast African Harbours CorporationEast Africa High CommissionEast African Posts and Telecommunications AdministrationEast African Posts and Telecommunications CorporationEast African Railways and Harbours AdministrationEast African Railways CorporationEastern NigeriaEastern Region of NigeriaEmploying authorities under the Oversea Superannuation SchemeFalkland IslandsFederal Republic of NigeriaFederated Malay StatesFederation of MalayaFederation of NigeriaFederation of Rhodesia and NyasalandFijiGambiaGhanaGibraltarGilbert and Ellice Islands ColonyGold CoastGrenadaGuyanaHong KongJamaicaKenyaKingdom of LesothoLeeward Islands (before 1st July, 1956)MalawiMalayan EstablishmentMalayan UnionMalaysiaMaltaMauritiusMidwest NigeriaMontserratNew Hebrides NigeriaNigerian College of Arts, Science and TechnologyNorth BorneoNorthern NigeriaNorthern Region of NigeriaNorthern RhodesiaNyasalandOverseas Audit Department (Home Establishment)Republic of KenyaRepublic of Southern YemenRepublic of TanzaniaRepublic of ZambiaSabahSarawakService under the United Kingdom Overseas Service Act, 1958SeychellesSierra LeoneSingaporeSouthern RhodesiaSt. Christopher, Nevis and AnguillaSt. HelenaSt. LuciaSt. VincentStraits SettlementsSwazilandTanganyikaTanganyika Broadcasting CorporationTanzaniaTongaTrinidad and TobagoTurks and Caicos IslandsUnfederated Malay States Union of South AfricaUnited Kingdom of Great Britian and Northern IrelandUzibuseVirgin IslandsWest African Institute for Oil Palm Research, NigeriaWest Indies (Federation)Western NigeriaWestern Region of NigeriaZambiaZanzibarSchedule 2 to Regulations (Regulation 26)
Severance pay under Public Service Reform Programme
Part I – Retrenchment Formula
Retrenchment Compensation Package (RCP)= Fixed Annual Benefit (FAB) x Number of Years of Service (NYS)FAB is a fixed monetary amount dependent on grade, reflecting a compression ratio of 1:8. NYS is limited to twenty years maximum.| Grade | Maximum benefit payable old formula, old salary | FAB | Maximum benefit payable new formula, new salary |
|---|
| UI-PS | 9,721,740 | 880,000 | 17,600,000 |
| UI-Director | 9,146,460 | 600,000 | 12,000,000 |
| UI - Commissioner | 7,988,340 | 400,000 | 8,000,000 |
| UI-Asst, commissioner, etc. | 6,830,280 | 345,000 | 6,900,000 |
| U2 | 6,002,040 | 305,000 | 6,100,000 |
| U3 | 5,787,480 | 290,000 | 5,800,000 |
| U4 | 5,567,280 | 280,000 | 5,600,000 |
| U5a | 5,445,240 | 275,000 | 5,500,000 |
| U5b | 5,257,800 | 265,000 | 5,300,000 |
| U5c ' | 3,503,940 | 180,000 | 3,600,000 |
| U6 | 3,249,420 | 165,000 | 3,300,000 |
| U7 | 2,987,280 | 150,000 | 3,000,000 |
| U8 | 2,146,440 | 110,000 | 2,200,000 |
Part II – Computation of severance pay payable to pensionable officers whose offices are abolished under the Public Service Reform Programme Regulation
Computation Table: Total Amount Payable, Ushs 000s
Years of Service
| Grade | I | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 |
|---|
| Ul-PS | 880 | 1,760 | 2,640 | 3,520 | 4,400 | 5,280 | 6,160 | 7,040 | 7,920 | 8,800 | 9,680 | 10,560 | 11,440 | 12,320 | 13,200 | 14,080 | 14,960 | 15,840 | 16,720 | 17,600 |
| Ul-Dir. | 600 | 1,200 | 1,800 | 2,400 | 3,000 | 3,600 | 4,200 | 4,800 | 5.400 | 6,000 | 6,600 | 7,200 | 7,800 | 8,400 | 9,000 | 9,600 | 10,200 | 10,800 | 11,400 | 12,000 |
| Ul-Com | 400 | 800 | 1,200 | 1,600 | 2,000 | 2,400 | 2,800 | 3,200 | 3,600 | 4,000 | 4,400 | 4,800 | 5,200 | 5,600 | 6,000 | 6,400 | 6,800 | 7,200 | 7,600 | 8,000 |
| Ul-Asst, com. | 345 | 690 | 1,035 | 1,380 | 1,725 | 2,070 | 2,415 | 2,760 | 3,105 | 3,450 | 3,795 | 4,140 | 4,485 | 4,830 | 5,175 | 5,520 | 5,865 | 6,210 | 6,555 | 6,900 |
| U2 | 305 | 610 | 915 | 1,220 | 1,525 | 1,830 | 2,135 | 2,440 | 2,745 | 3,050 | 3,355 | 3,660 | 3,965 | 4,270 | 4,575 | 4,880 | 5,185 | 5,490 | 5,795 | 6,100 |
| U3 | 290 | 580 | 870 | 1,160 | 1,450 | 1,740 | 2,030 | 2,320 | 2,610 | 2,900 | 3,190 | 3,480 | 3,770 | 4,060 | 4,350 | 4,640 | 4,930 | 5,220 | 5,510 | 5,800 |
| U4 | 280 | 560 | 840 | 1,120 | 1,400 | 1,680 | 1,960 | 2,240 | 2,520 | 2,800 | 3,080 | 3,360 | 3,640 | 3,920 | 4,200 | 4,480 | 4,760 | 5,040 | 5,320 | 5,600 |
| U5a | 275 | 550 | 825 | 1,100 | 1,375 | 1,650 | 1,925 | 2,200 | 2,475 | 2,750 | 3,025 | 3,300 | 3,575 | 3,850 | 4,125 | 4,400 | 4,675 | 4,950 | 5,225 | 5,500 |
| U5b | 265 | 530 | 795 | 1,060 | 1,325 | 1,590 | 1,855 | 2,120 | 2,385 | 2,650 | 2,915 | 3,180 | 3,445 | 3,710 | 3,975 | 4,240 | 4,505 | 4,770 | 5,035 | 5,300 |
| U5c | 180 | 360 | 540 | 720 | 900 | 1,080 | 1,260 | 1,440 | 1,620 | 1,800 | 1,980 | 2,160 | 2,340 | 2,520 | 2,700 | 2,880 | 3,060 | 3,240 | 3,420 | 3,600 |
| U6 | 165 | 330 | 495 | 660 | 825 | 990 | 1,155 | 1,320 | 1,485 | 1,650 | 1,815 | 1,980 | 2,145 | 2,310 | 2,475 | 2,640 | 2,805 | 2,970 | 3,135 | 3,300 |
| U7 | 150 | 300 | 450 | 600 | 750 | 900 | 1,050 | 1,200 | 1,350 | 1,500 | 1,650 | 1,800 | 1,950 | 2,100 | 2,250 | 2,400 | 2,550 | 2,700 | 2,850 | 3,000 |
| U8 | 110 | 220 | 330 | 440 | 550 | 660 | 770 | 880 | 990 | 1,100 | 1,210 | 1,320 | 1,430 | 1,540 | 1,650 | 1,760 | 1,870 | 1,980 | 2,090 | 2,200 |
Schedule 2 (Section 21)
Application of Act and Regulations to Certain Officers of Government
Part I – General
1.Application of ScheduleThis Schedule to the Act shall apply to officers in the service of the Government who were in the public service prior to 9th August, 1948, and such other officers as may be specified in Parts II, III, IV, V and VI of this Schedule to the Act.2.InterpretationIn this Schedule and in the application of the Act and of the Regulations to any officer to whom this Schedule to the Act applies—“East African service” means service in a civil capacity under one or more of the East African territories;“East African territories” means the East Africa High Commission, Kenya, Tanganyika, Uganda, Zanzibar, Nyasaland, Somaliland, Northern Rhodesia and the High Commissioner for Transport in Kenya and Uganda, in respect of service prior to 1st May, 1948;“elected” includes cases where an officer under the provisions of Government Secretariat Circular Nos. 29 of 1 st September, 1948, and 53 of 21st December, 1948, is deemed to have elected;“new terms of service” means the new terms of service contained in Government Secretariat Circular Nos. 29 of 1st September, 1948, and 53 of 21st December, 1948, and any amendments or additions to them;“Regulations” means the Pensions Regulations contained in Schedule 1 to the Act.Part II – Officers transferred other than from East Africn service
3.Application of this Part of this ScheduleThe provisions of this Part of this Schedule to the Act shall apply only in the case of an officer who—(a)was transferred to the service of the Government other than from East African service before 9th August, 1948, and who has elected for the new terms of service;(b)is transferred to the service of the Government other than from East African service on or after 9th August, 1948.4.Officers transferred on or after 9th August, 1948, or who are transferred prior to that date and who elect for new termsAn officer to whom this Part of this Schedule to the Act applies shall be subject to the provisions of the Act and of the Regulations, except that in the application of those provisions to any such officer—(a)if he or she was appointed to the public service prior to 1st January, 1930, and his or her public service has been wholly under one or more of the scheduled Governments, and immediately prior to his or her appointment to the service of the Government he or she was eligible to have his or her pension calculated in accordance with a provision corresponding to that set out in this subparagraph, regulation 15 of the Regulations in Schedule 1 to the Act shall have effect as if a third paragraph were added at the end of subregulation (3) as follows—“(c)where it would be to the advantage of the officer, his or her pension in respect of his or her service under the Government may be calculated as if any scheduled Government in which he or she has served were not a scheduled Government.”;(b)if under the provisions of any of the enactments specified in paragraph 1 of Schedule 3 to the Act he or she was eligible on retirement, in circumstances in which he or she might be granted a pension or gratuity, to have such pension or gratuity in respect of an earlier period of service under the Government (not being a period of service immediately preceding 1st January, 1946) calculated at the annual rate of one four-hundred-and-eightieth of his or her pensionable emoluments for each complete month of pensionable service, regulation 15 of the Regulations shall have effect as if there were inserted at the end of subregulation (2) the following paragraph—“(e)in the application of regulation 4 of these Regulations his or her pension shall be computed separately—(i)in respect of pensionable service prior to the date on which he or she ceased to be eligible to have his or her pension or gratuity calculated at the annual rate of one four-hundred-and-eightieth of his or her pensionable emoluments for each complete month of pensionable service at the aforementioned rate; and(ii)in respect of pensionable service on and after that date at the annual rate of one six-hundredth of his or her pensionable emoluments for each complete month of pensionable service, and in either computation the other period of service shall be treated for the purposes of this Part of these Regulations as though it had been service under a scheduled Government.”;(c)if under the provisions of the enactments specified in paragraph 1 of Schedule 3 to the Act the pensionable emoluments of the officer included house allowance calculated at fifteen percent of his or her salary without any maximum and the officer, not having been transferred to or from the service of the Government since 31st December, 1945, retires from an office the initial or fixed salary of which between 1st January, 1946, and 31st December, 1953, was 1,335 pounds per year or more, or on and after 1st January, 1954, is 1,740 pounds per year or more, or, as from 1st April, 1960, is 1,839 pounds per year or more, then, for the purpose of ascertaining his or her pensionable emoluments for any calculations made in accordance with subparagraph (a) of this paragraph, in respect of the period prior to 1 st January, 1946, his or her salary during any period in which he or she was serving in such an office shall be deemed to be the amount resulting from the reduction by ten percent, subject to a maximum reduction of 150 pounds, of his or her actual salary and the addition to that figure of fifteen percent of that reduced figure;(d)if the officer prior to 9th August, 1948, was under the provisions of the enactments specified in paragraph 1 of Schedule 3 to the Act eligible, on retirement in circumstances in which he or she might be granted a pension or gratuity, to have such a pension or gratuity calculated in respect of his or her public service immediately prior to 1st January, 1946 (and for the purpose of this paragraph the provisions of regulation 1 of Schedule 3 of the European Officers’ Pensions Ordinance as amended by the European Officers’ Pensions (Amendment) (No. 3) Regulations, 1946, shall have effect as if for the words “service subsequent to that date and not otherwise” there were substituted the words “service subsequent to 1st January, 1946, and not otherwise”), at the annual rate of one four-hundred-and-eightieth of his or her pensionable emoluments for each complete month of pensionable service, regulation 15 of the Regulations shall have effect as if there were inserted at the end of subregulation (2) the following paragraph—“(e)in the application of regulation 4 of these Regulations—(i)his or her pension shall be calculated separately in respect of pensionable service prior to the 1st January, 1946, and in respect of pensionable service on or after that date; and where as a result of the separate calculation he or she would otherwise suffer a loss of one month’s pensionable service, then one month’s pensionable service shall be added to the period with the greatest number of residual days or, if the residual days are equal, to the period prior to the 1st January, 1946; and(ii)in respect of the period prior to the 1st January, 1946, his or her pension shall be calculated at the annual rate of one four-hundred-and-eightieth of his or her pensionable emoluments for each complete month of pensionable service and in respect of the period on or after 1st January, 1946, his or her pension shall be calculated in accordance with regulation 4 of these Regulations;(iii)the sum arrived at by adding together the amount of the separate calculations shall be the pension for which he or she would have been so eligible.”;(e)if the officer under the provisions of the enactments specified in paragraphs 9 to 12 of Schedule 3 to the Act was entitled to elect, and does elect, to have his or her pension calculated in accordance with the provisions of the enactments specified in paragraph 13 of Schedule 3 to the Act, then if the pensionable emoluments of the officer included house allowance calculated at fifteen percent of his or her salary without any maximum and the officer not having been transferred from the service of the Government retires from an office the initial or fixed salary of which between 1st January, 1946, and 31st December, 1953, was 801 pounds per year or more, or on and after 1 st January, 1954, is 1,740 pounds per year or more, or, as from 1st April, 1960, is 1,839 pounds per year or more then, for the purpose of ascertaining his or her pensionable emolument for any calculation made in accordance with this subparagraph in respect of the period prior to 1st January, 1946, his or her salary during the period in which he or she was serving in such office shall be deemed to be the amount resulting from the reduction by ten percent, subject to a maximum reduction of 72 pounds, of his or her actual salary and the addition to that reduced figure of fifteen percent of that reduced figure.Part III – Officers appointed to public service before 9th August, 1948
5.Application of this Part of this ScheduleThis Part of this Schedule to the Act shall apply only to officers who were in the public service prior to 9th August, 1948, and—(a)the whole of whose service has been under the Government and who have elected for the new terms of service;(b)who have been transferred to the service of the Government from East African service prior to 9th August, 1948, and who have elected for the new terms of service;(c)who have been transferred to the service of the Government from East African service on or after 9th August, 1948.6.Officers with whole service in Government or transferred from East African serviceAn officer to whom this Part of this Schedule to the Act applies and who prior to 9th August, 1948, was subject to any of the enactments specified in paragraphs 1 to 12 of Schedule 3 to the Act shall be subject to the provisions of the Act and of the Regulations except that in the application of those provisions to any such officer—(a)if the officer under the provisions of any such enactment was eligible on retirement in circumstances in which he or she might be granted a pension or gratuity to have the pension or gratuity calculated in respect of his or her public service immediately prior to 1 st January, 1946, (and for the purpose of this paragraph the provisions of regulation 1 of Schedule 3 of the European Officers’ Pensions Ordinance as amended by the European Officers’ Pensions (Amendment) (No. 3) Regulations, 1946, shall have effect as if for the words “service subsequent to that date and not otherwise” there were substituted the words “service subsequent to 1st January, 1946, and not otherwise”), at the annual rate of one four-hundred-and-eightieth of his or her pensionable emoluments for each complete month of pensionable service—(i)if he or she is an officer who has been transferred to the Government, regulation 15 of the Regulations shall have effect as if there were inserted at the end of subregulation (2) the following paragraph—“(e)in the application of regulation 4 of these Regulations—(i)his or her pension shall be calculated separately in respect of pensionable service prior to 1st January, 1946, and in respect of pensionable service on or after that date; and where as a result of the separate calculation he or she would otherwise suffer a loss of one month’s pensionable service, then one month’s pensionable service shall be added to the period with the greatest number of residual days or, if the residual days are equal, to the period prior to 1st January, 1946; and(ii)in respect of the period prior to 1st January, 1946, his or her pension shall be calculated at the annual rate of one four-hundred-and-eightieth of his or her pensionable emoluments for each complete month of pensionable service and in respect of the period on or after 1st January, 1946, his or her pension shall be calculated in accordance with regulation 4 of these Regulations;(iii)the sum arrived at by adding together the amount of such separate calculations shall be the pension for which he or she would have been so eligible.”;(ii)if he or she is an officer the whole of whose service has been under the Government, then in application of regulation 4 of the Regulations his or her pension shall be calculated in the manner provided in regulation 15(2)(e) of the Regulations (inserted therein by subparagraph (a)(i) of this paragraph);(b)if the officer has been transferred to the service of the Government, and under the enactments specified in paragraph 1 of Schedule 3 to the Act was eligible on retirement in circumstances in which he or she might be granted a pension or gratuity to have such pension or gratuity in respect of an earlier period of service under the Government (such period not being in respect of his or her service immediately prior to 1st January, 1946) calculated at the annual rate of one four-hundred-and-eightieth of his or her pensionable emoluments for each complete month of pensionable service, then regulation 15 of the Regulations shall have effect as if there were inserted at the end of subregulation (2) the following paragraph—“(e)in the application of regulation 4 of these Regulations, his or her pension shall be calculated separately—(i)in respect of pensionable service prior to the date on which he or she ceased to be eligible to have his or her pension or gratuity calculated at the annual rate of one four-hundred-and-eightieth of his or her pensionable emoluments for each complete month of pensionable service at the aforementioned rate; and(ii)in respect of pensionable service on and after that date at the annual rate of one six-hundredth of his or her pensionable emoluments for each complete month of pensionable serviceand in either computation the other period of service shall be treated for the purposes of this Part of these Regulations as though it had been service under a scheduled Government.”;(c)if under the provisions of the enactments specified in paragraph 1 of Schedule 3 to the Act, the pensionable emoluments of the officer included house allowance calculated at fifteen percent of his or her salary without any maximum and the officer, not having been transferred to or from the service of the Government since 31st December, 1945, retires from an office, the initial or fixed salary of which between 1st January, 1946, and 31st December, 1953, was 1,335 pounds per year or more, or on and after 1st January, 1954, is 1,740 pounds per year or more, or as from 1st April, 1960, is 1,839 pounds per year then, for the purpose of ascertaining his or her pensionable emoluments for any calculations made in accordance with subparagraph (a) of this paragraph, in respect of the period prior to 1st January, 1946, his or her salary during any period in which he or she was serving in such an office shall be deemed to be the amount resulting from the reduction by ten percent, subject to a maximum reduction of 150 pounds, of his or her actual salary and the addition to that figure of fifteen percent of that reduced figure;(d)if the officer under any of the enactments specified in paragraphs 1 to 8 of Schedule 3 to the Act was entitled to retire after completion of twenty years of East African pensionable service or on or after attaining the age of fifty years, then—(i)section 10(1)(a) of the Act shall have effect as if there were inserted at the beginning of it the words “on completion of twenty years of East African pensionable service or”;(ii)section 12(2)(a) of the Act shall have effect as if there were inserted at the beginning of it the words “on completion of twenty years of East African pensionable service or”;(e)if the officer under the provisions of any of the enactments specified in paragraphs 9 to 12 of Schedule 3 to the Act was entitled to retire after completing thirty years of East African pensionable service, or on or after attaining the age of fifty years, then—(i)section 10(1)(a) of the Act shall have effect as if there were inserted at the beginning of it the words “on completion of thirty years of East African pensionable service or”;(ii)section 12(2)(a) of the Act shall have effect as if there were inserted at the beginning of it the words “on completion of thirty years of East African pensionable service or”;(f)if the officer was appointed to the public service prior to 1st January, 1930, and his or her public service has been wholly under one or more of the scheduled Governments and immediately prior to his or her appointment to the service of the Government he or she was eligible to have his or her pension calculated in accordance with a provision corresponding to that set out in this subparagraph, regulation 15 of the Regulations shall have effect as if a third paragraph were added to the end of subregulation (3) as follows—“(c)where it would be to the advantage of the officer, his or her pension in respect of his or her service under the Government may be calculated as if any scheduled Government in which he or she has served were not a scheduled Government.”;(g)if the officer under the provisions of the enactments specified in paragraphs 1 to 8 of Schedule 3 to the Act was entitled to elect, and does elect, to have his or her pension computed in accordance with the provisions of the enactments specified in paragraph 13 of Schedule 3 to the Act, then—(i)regulation 15(3) of the Regulations shall have effect as if the words “subsequent to the attainment of the age of eighteen years or, where it would be to his or her advantage, twenty years” were deleted;(ii)regulations 29(a) and 32 of the Regulations and subparagraph (f) of this paragraph shall not have effect;(iii)subparagraph (a) of this paragraph shall have effect as if for the words “one four-hundred-and-eightieth of his or her pensionable emoluments for each complete month” wherever they appear there were substituted the words “one-fortieth of his or her pensionable emoluments fo each complete year” and as if the words “and whereas a result of the separate calculation he or she would otherwise suffer a loss of one month’s pensionable service, then one month’s pensionable service shall be added to the period with the greatest number of residual days or, if the residual days are equal, to the period prior to 1st January, 1946” were deleted;(h)if the officer under the provisions of the enactments specified in paragraphs 9 to 12 of Schedule 3 to the Act was entitled to elect, and does elect, to have his or her pension calculated in accordance with the provisions of the enactments specified in paragraph 13 of Schedule 3 to the Act, then—(i)regulation 15(3) of the Regulations shall have effect as if the words “subsequent to the attainment of the age of eighteen years or, where it would be to his or her advantage, twenty years” were deleted;(ii)regulations 29(a) and 32 of the Regulations shall not have effect;(iii)if he or she is an officer who has been transferred to the Government from East African service, regulation 15 of the Regulations shall have effect as if there were inserted at the end of subregulation (2) the following paragraph—“(e)in the application of regulation 4 of these Regulations his or her pension shall be calculated as if for the words "one five-hundredth of his or her pensionable emoluments for each complete month of his or her pensionable service" in that regulation there were substituted the words "one-fiftieth of his or her pensionable emoluments for each complete year of his or her pensionable service".”;(iv)if he or she is an officer the whole of whose service has been under the Government, in the application of regulation 4 of the Regulations, his or her pension shall be calculated in the manner provided in regulation 15(2)(e) of the Regulations (as inserted by this subparagraph);(v)if the pensionable emoluments of the officer included house allowance calculated at fifteen percent of his or her salary without any maximum and the officer not having been transferred from the service of the Government retires from an office the initial or fixed salary of which between 1st January, 1946, and 31st December, 1953, was 801 pounds per year or more, or as from 1st January, 1954, is 1,740 pounds per year or more, or as from 1st April, 1960, is 1,839 pounds per year or more then, for the purpose of ascertaining his or her pensionable emoluments for any calculation made in accordance with this subparagraph in respect of the period prior to 1st January, 1946, his or her salary during the period in which he or she was serving in such office shall be deemed to be the amount resulting from the reduction by ten percent, subject to a maximum reduction of 72 pounds of his or her actual salary and the addition to that reduced figure of fifteen percent of that reduced figure.Part IV – Officers who were pensionable under Permanent African Civil Servants Regulations, 1929
7.Application of this Part of ScheduleAn officer to whom this Part of this Schedule to the Act applies and who on and prior to 9th August, 1948, was subject to the African Civil Servants Regulations, 1929, shall be subject to the provisions of the Act and of the Regulations except that in the application of these provisions to any such officer—(a)section 10(1)(a) of the Act shall have effect as if there were inserted in it, immediately before subparagraph (i), the words “on completion of thirty years’ pensionable service or”; and section 12(2)(a) of the Act shall have effect as if those same words were inserted at the beginning of paragraph (a);(b)section 19 of the Act shall be read as if there were added after subsection (6) the following subsection—“(7)When an officer in the Government service transfers from the African Civil Service to the Local Civil Service, the Uganda Civil Service or to the service of an African local government or of the government of a Federal State or the administration of a district and dies subsequently while such service, the Pensions Authority may grant to his or her legal personal representative or, at the discretion of the Pensions Authority, to the person appearing to the Pensions Authority to be entitled ultimately by law to receive it, an amount equal to the fraction of one year’s pensionable emoluments at the date of transfer which was equal to the length of the officer’s service prior to transfer divided by the combined length of his or her service in the African Civil Service, the Local Civil Service, the Uganda Civil Service, an African local government and of the government of a Federal State or the administration of a district.”.8.Officers to whom this Part of Schedule to Act applies who contribute to Government Employees Provident Fund ActAn officer to whom this Part of this Schedule to the Act applies and who becomes a contributor under the Government Employees Provident Fund Act, and who has not elected under section 16(4) of that Act to have his or her service counted as pensionable, shall be subject to the Act and Regulations except that the period during which he or she did not so elect shall be regarded as qualifying service and not as pensionable service.Part V – Officers transferred from service of Uganda to other East African service prior to 1st January, 1946
9.Application of this Part of this ScheduleThis Part of this Schedule to the Act shall apply to officers transferred from the service of the Government to an East African territory prior to 1st January, 1946, who have elected in the East African territory in which they were serving on 1st January, 1946, to be subject to new terms of service which the Pensions Authority may declare for the purposes of this paragraph to be similar to the new terms of service contained in Government Secretariat Circular No. 29 of 1st September, 1948, and who, without being transferred back to the service of the Government, or outside the East African territories prior to 1st January, 1946, retire from other public service in circumstances in which they are eligible for pension or gratuity under the Regulations.10.Certain officers deemed to have elected new terms of serviceAn officer to whom this Part of this Schedule to the Act applies shall be deemed to be an officer who was transferred to the service of the Government from East African service prior to 9th August, 1948, who has elected for the new terms of service.Part VI – Officers transferred from service of Uganda to public service outside East African territories prior to 1st January, 1946
11.Application of this Part of this ScheduleThis Part of this Schedule to the Act shall apply only—(a)to officers who were transferred from the service of the Government to public service outside the East African territories prior to 1 st January, 1946, and who have not subsequently been transferred back to the service of the Government; and(b)to officers who were transferred from the service of the Government to the service of another East African territory and were subsequently transferred from the East African territory to service outside the East African territories prior to 1st January, 1946, and who have not subsequently been transferred back to the service of the Government.12.Application of Schedule 3 of Act to those to whom this Part of Schedule 2 appliesAn officer to whom this Part of this Schedule to the Act applies shall continue to remain subject to the enactments specified in Schedule 3 to the Act which applied to him or her immediately prior to his or her last transfer from the service of the Government so, however, that in the application of those enactments the provisions of regulation 17(1) of the enactment specified in paragraph 1 of Schedule 3 to the Act shall have effect as if for the words “a gratuity equal to ten times the amount of the reduction so made in the pension” there were substituted the words “a gratuity equal to twelve and one-half times the amount of the reduction so made in the pension”.Part VII – Officers who have elected not to be subject to new terms of service
13.Application of this Part of this ScheduleThis Part of this Schedule to the Act shall apply only in the case of officers who have elected not to be subject to the new terms of service.14.Application of Schedule 3 of Act to those to whom this Part of Schedule 2 appliesAn officer to whom this Part of this Schedule to the Act applies shall continue to remain subject to the enactments specified in Schedule 3 to the Act which applied to him or her prior to his or her election not to be subject to the new terms of service; except that an officer who is transferred on and after 9th August, 1948, to any other office, whether in the service of the Government or other public service, shall cease to be subject to the provisions of the Act and Regulations and shall thereupon in respect of the whole of his or her service under the Government be deemed to be an officer who elected for the new terms of service.Schedule 3 (Paragraphs 4, 6, 12, 14 of Schedule 2)
Enactments relating to retiring benefits of officers transferred from East African Service
1.The European Officers’ Pensions Ordinance, 1935 Revision, Cap. 66, of Uganda, and all amendments to it and all regulations made under it.2.The European Officers’ Pensions Ordinance, 1927, of Kenya, and all amendments to it and all regulations made under it.3.The European Officers’ Pensions Ordinance, 1947 Revision, Cap. 47, of Tanganyika, and all amendments to it and all regulations made under it.4.The European Officers’ Pensions Ordinance, 1964 Revision, Cap. 59, of Northern Rhodesia, and all amendments to it and all regulations made under it.5.The European Officers’ Pensions Ordinance, 1945, of Nyasaland, and all amendments to it and all regulations made under it.6.The European Officers’ Pension Decree, 1936 Revision, Cap. 54, of Zanzibar, and all amendments to it and all regulations made under it.7.The European Officers’ Pensions Ordinance, 1950 Revision, Cap. 43, of the Somaliland Protectorate, and all amendments to it.8.The Kenya and Uganda Railways and Harbours European Officers’ Pensions Regulations, 1932, and all amendments to it.9.The Asiatic Officers’ Pensions Ordinance, 1935 Revision, Cap. 8, of Uganda, and all amendments to it and all regulations made under it.10.The Non-European Officers’ Pensions Ordinance, 1932, of Kenya, and all amendments to it and all regulations made under it.11.The Junior Officers’ Pensions Ordinance, 1949, of Tanganyika, and all amendments to it and all regulations made under it.12.The Non-European Officers’ Pensions Decree, 1945 (No. 10 of 1945), of Zanzibar, and all amendments to it and all regulations made under it.13.The Superannuation Acts of the United Kingdom.Schedule 4 (Section 24)
Powers not to be delegated
Section 1(1) - Determination of public service for the purposes of the Act.Section 11 - Grant of pension on removal from service in the public interest.Section 15 - Grant of pension on dismissal.Section 19 - Gratuity where officer dies.Section 20 - Grant of pensions to dependents of officers dying from injuries, etc.Section 23 - Determination of questions arising under the Act.