Paliamentary Pensions (Amendment) (No. 2) Act, 2011, 2010

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Short title: 

Paliamentary Pensions (Amendment) (No. 2) Act, 2011

Date of promulgation: 

28 December 2010

Date of commencement: 

21 February 2011

Download Original File: 

ACTS

SUPPLEMENT No. 3                                                                           21st February, 2011.

ACTS SUPPLEMENT

to The Uganda Gazette No. 12 Volume CIV dated 21st February, 2011.

Printed by UPPC, Entebbe, by Order of the Government.

 

Act 4 Parliamentary Pensions (Amendment) (No. 2) Act 2011 THE PARLIAMENTARY PENSIONS (AMENDMENT) (No. 2) ACT, 2011

 

ARRANGEMENT OF SECTIONS

Section

  1. Amendment of Act 6 of 2007.
  2. Insertion of new section 23B.
  3. Transitional provisions relating to the current Speaker and Deputy Speaker.
  4. Insertion of new Schedules 3, 4 and 5.
 

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Act 4 Parliamentary Pensions (Amendment) (No. 2) Act 2011

 

THE PARLIAMENTARY PENSIONS (AMENDMENT) (NO. 2)

ACT, 2011

An Act to amend the Parliamentary Pensions Act, 2007 to specify the benefits for a person who ceases to hold the office of Speaker or Deputy Speaker and for related matters.

Date of Assent: 28th December, 2010.

Date of Commencement: 21st February, 2011.

Be it enacted by Parliament as follows:

  1. Amendment of Act 6 of 2007.

The Parliamentary Pensions Act, 2007, in this Act referred to as the principal Act, is amended by inserting immediately after Part IV, the following new Part—

“Part IVA—Retirement Benefits for a Speaker or Deputy

Speaker

20G. Interpretation for Part IVA.

In this Part, unless the context otherwise requires—

“currency point” has the value assigned to it in schedule 3 to this Act;

“retirement” means ceasing to hold office as Speaker or Deputy Speaker other than under the circumstances specified under section 20H (3) (a) (b) and (c).

 

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Act 4 Parliamentary Pensions (Amendment) (No. 2) Act 2011

 

20H. Benefits for a Speaker or Deputy Speaker ceasing to hold office.

  1. A person who ceases to hold the office of Speaker is entitled to the benefits specified in Schedule 4.
  2. A person who ceases to hold the office of Deputy Speaker is entitled to the benefits specified in Schedule 5.
  3. A person is not entitled to receive a benefit under subsection (1) or (2) if that person is removed from the office of Speaker or Deputy Speaker for—
  1. abuse of office;
  2. misconduct or misbehaviour; or
  3. being disqualified from being a member of Parliament.
  1. Where a person ceases to hold the office of Speaker or Deputy Speaker on the ground of infirmity of body or mind, that person shall receive the benefits similar to those provided for a person who ceases to hold the office of Speaker or Deputy Speaker, upon retirement.
  2. A person who resigns or ceases to be Speaker or Deputy Speaker under subsection (3)(a)and (b) but remains a member of Parliament, is entitled to rejoin the scheme provided Government does not make a contribution and section 6 shall apply to him or her.
  3. The funds for the administration and management of the benefits under subsection (1), (2) and (4) shall be paid directly from the consolidated fund.
  4. The benefits provided for under this Part shall be administered and managed by the Parliamentary Commission.
  5. For the avoidance of doubt, the retirement benefits of the Speaker and Deputy Speaker under this Part, shall not form part of the Parliamentary Pensions Scheme Structure.
 

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Act 4 Parliamentary Pensions (Amendment) (No. 2) Act 2011

 

20I. Funeral of a 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 D of Schedule 4.

20J. Benefits of a spouse of Speaker or Deputy Speaker who dies in office.

  1. A spouse or spouses of a person who dies while holding the office of Speaker shall be granted the benefits specified in Part C of Schedule 4.
  2. A spouse or spouses of a person who dies while holding the office of Deputy Speaker shall be granted the benefits specified in Part C of Schedule 5.
  3. For the avoidance of doubt, the benefits of a spouse or spouses of a person who dies while holding the office of Speaker or Deputy Speaker shall be granted to the spouse or spouses collectively, until their death.

20K. Disapplication of scheme to Speaker and Deputy Speaker.

  1. Where a person who ceases to hold the office of Speaker or Deputy Speaker is entitled to the benefits under this Part, that person is entitled to a refund of the contributions with interest made by the person to the Scheme.
  2. For the avoidance of doubt, a person referred to in subsection (1) is entitled to a refund of the monthly contributions made by that person, and the contributions made by Government in respect of that person, together with interest up to the time of becoming Speaker or Deputy Speaker.
  3. Where a member becomes Speaker or Deputy Speaker, that member or Government is not required, during the period that the member is Speaker or Deputy Speaker, to contribute to the scheme.”
 

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Act 4 Parliamentary Pensions (Amendment) (No. 2) Act 2011

 

  1. Insertion of new section 23B.

The principal Act is amended by inserting immediately after section 23A the following—

“23B. Amendment of Schedules.

  1. The allowances and benefits granted under Part IVA, shall be reviewed every five years.
  2. The Minister responsible for finance shall amend schedule 3.
  3. Parliament may, by resolution, amend schedule 4 and 5.
  4. Notwithstanding subsection (1), a person who is Speaker or Deputy Speaker may leave his or her contribution in the scheme as deferred benefits until he or she ceases to be Speaker or Deputy Speaker.
  5. A person who opts to defer his or her benefits under subsection (3) shall on ceasing to be Speaker or Deputy Speaker be entitled to his or her benefits.”
  1. Transitional provisions relating to the current Speaker and Deputy Speaker.
  1. A person who is Speaker or Deputy Speaker at the commencement of this Act shall cease to contribute to the scheme for the period that the person remains Speaker or Deputy Speaker.
  2. During the period that the person referred to in subsection (1) remains Speaker or Deputy Speaker, Government shall not contribute to the scheme in respect of that person.
  1. Insertion of new Schedules 3, 4 and 5.

The principal Act is amended by inserting immediately after Schedule 2, the following new Schedules—

 

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Act 4 Parliamentary Pensions (Amendment) (No. 2) Act 2011

 

“SCHEDULE 3

Section 20G

A currency point is equivalent to twenty thousand shillings.”

 

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Act 4 Parliamentary Pensions (Amendment) (No. 2) Act 2011

 

SCHEDULE 4

retirement benefits for a speaker or deputy speaker

Part A

Benefits of a Speaker ceasing to hold office by retirement

  1. A monthly allowance equivalent to sixty percent of the monthly salary of the sitting Speaker of Parliament.
  2. One four-wheel chauffer driven car with a cubic capacity of 3500 to 4000.
  3. Two security guards.
  4. Two domestic staff.
  5. Medical care for the retired Speaker and the spouse or spouses
  6. An allowance equivalent to thirty three currency points per month for utilities.

Part B

Benefits of a Speaker who ceases to hold office by resignation

  1. A monthly allowance equivalent to sixty percent of the monthly salary of the sitting Speaker of Parliament.
  2. One four-wheel chauffer driven car with a cubic capacity of 3500 to 4000.
  3. Two security guards.
  4. Two domestic staff.
  5. Medical care for the Speaker and the spouse or spouses.
 

Part C

 

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Act 4 Parliamentary Pensions (Amendment) (No. 2) Act 2011

 

Benefits of a spouse or spouses of a Speaker who ceases to hold office

upon death

  1. A monthly allowance equivalent to sixty percent of the monthly allowance payable to the deceased speaker.
  2. One four-wheel chauffer driven car with a cubic capacity of 3500 to 4000
  3. Two security guards.
  4. Two domestic staff.
  5. A health insurance policy of up to fourteen currency points per month.

Part D

Funeral arrangements for a Speaker or Deputy Speaker who dies

while in office

  1. A person who dies while holding the office of Speaker or Deputy Speaker shall be accorded a state funeral.
  2. Thirty percent of the gross annual salary of the Speaker or Deputy Speaker shall be used towards the funeral expenses.
  3. An official statement about the death of the Speaker or Deputy Speaker shall be made on television, radio, print media and other electronic media.
  4. Government shall declare a mourning period.
  5. Martial music shall be played on national radio during the mourning period.
  6. National flags shall be flown at half mast during the mourning period.
  7. The casket shall be draped in the national flag.
  8. The casket cortege shall be escorted by the Uganda Police Force in top-roof flash light vehicles.
  9. The casket shall be carried by ceremonially uniformed pall bearers
 

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Act 4 Parliamentary Pensions (Amendment) (No. 2) Act 2011 from the Uganda Police Force.

  1. The body shall lie in state for one day, for public viewing.
  2. A condolence book shall be opened for signing by political leaders, dignitaries and the public.
  3. An official guard shall keep vigil and a bright light shall light the casket throughout the night.
  4. Parliament shall pay tribute to the Speaker or Deputy Speaker with a band in attendance playing dirges.
  5. A funeral service shall be held in honour of the late Speaker or Deputy Speaker in a place of worship or in a place designated by Cabinet.
  6. The casket shall be transported to the burial place by a hearse.
  7. A public holiday shall be declared on the day of burial, in accordance with the Public Holidays Act.
  8. At the burial, there shall be a seventeen gun salute.
 

SCHEDULE 5

 

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Act 4 Parliamentary Pensions (Amendment) (No. 2) Act 2011

 

Part A

Benefits of a Deputy Speaker ceasing to hold office by retirement

  1. A monthly allowance equivalent to sixty percent of the monthly salary of the sitting Deputy Speaker.
  2. One four wheel chauffer driven car with a cubic capacity of 3500 to 4000.
  3. One security guard.
  4. One domestic staff.
  5. Medical care for the former Deputy Speaker and the spouse or spouses.
  6. An allowance equivalent to thirty three currency points per month for utilities.

Part B

Benefits for a Deputy Speaker who ceases to hold office by

resignation.

  1. A monthly allowance equivalent to thirty three percent of the monthly salary of the sitting Deputy Speaker.
  2. One four wheel chauffeur -driven car with a cubic capacity of 3000 to 4000.
  3. One security guard.
  4. One domestic staff.
  5. Medical care for the former Deputy Speaker and the spouse or spouses.

Part C

 

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Act 4 Parliamentary Pensions (Amendment) (No. 2) Act 2011

 

Benefits for a spouse or spouses of a person who dies while holding the office of Deputy Speaker

  1. A monthly allowance equivalent to sixty percent of the monthly allowance of the deceased Deputy Speaker.
  2. One four wheel chauffeur -driven car with a cubic capacity of 3000 to 4000.
  3. One domestic staff.
  4. Medical care for the spouse or spouses.”
 

Cross references

 

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Act 4 Parliamentary Pensions (Amendment) (No. 2) Act

 

Parliamentary Pensions Act, 2007, Act No. 6 of 2007 Public Holidays Act, Cap 255

 

2011

 

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