Local Government Act - Kenya Law Reports

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406 CAP. 265 Local Government [Rev. 2010 [Subsidiary] Continuity after discharge. Payment of arrears after death of member. Limit of a member’s contribution. Cap 470. Limit of employer’s contribution. 70. (1) If a member who has resigned from a pensionable post or has been discharged with or without pension for any reason by his employer is subsequently re-engaged by another or the same sponsor or reciprocating body, within three years from the date of such discharge or resignation, the break in employment due to such discharge or resignation may, on his election upon his re-engagement, at the discretion of the employing sponsor, be treated as leave without pay with the original sponsor from whom he was discharged or resigned from: Provided that such member shall repay to the Trust the amount paid to him from the other scheme on such date of discharge or resignation to the date of repayment or re-engagement, whichever is the earlier. (2) A repayment by a member under paragraph (1) shall be made in one amount or by such monthly instalments as the Board may in each particular case determine. (3) For purposes of calculating any pension under these Rules, employment in respect of which such repayment is made shall be regarded as employment with the sponsor or reciprocating body with which the member served prior to his discharge or resignation, as the case may be. (4) The provisions of this rule may be applied to a member who was a member of another scheme and who was discharged or who resigned, for any reason, from the sponsor’s or reciprocating body’s service, subject to such member paying to the Trust in such instalments and with such interest thereon as the Board, in such particular case may determine, the amount paid to him from the other scheme on such discharge or resignation, or such lesser or greater amount as may be determined by an actuary. 71. If a member dies or becomes eligible for pension before the total instalments due to be paid by him in respect of arrears of contribution under these Rules has been paid, the amount of any such instalments shall, following the meeting of statutory charges, form a first charge upon his estate, accrued benefits or pension, as the case may be, and the Board shall have the right to deduct or recover the same as the case may be, and any deficit resulting therefrom shall be considered as a prepayment to the member or his dependants from the Trust and the same shall appropriately be recovered from balance of his pension dues before payment to his beneficiaries. 72. The aggregate of contributions of a member for each contribution year of income shall not exceed thirty percent (30%) of the member’s pensionable emoluments for that contribution year, or two hundred and forty thousand shillings (Ksh.240,000), or such other amount as may be defined in the Income Tax Act, or, where contributions are made in respect of a part of a year of service, twenty thousand shillings (Ksh.20,000) per month, whichever is less, or such greater or lesser amount as may be prescribed from time to time under the Income Tax Act. 73. Notwithstanding anything to the contrary contained herein, the aggregate contributions of the employer in respect of all members in each contribution year shall not exceed thirty percent (30%) of the members’
Rev. 2010] Local Government CAP. 265 407 pensionable emoluments for that contribution year, or two hundred and forty thousand shillings (240,000) times the number of full-year members of the Trust, reduced by the aggregate contributions in respect of such members under these Rules, whichever is less, or such greater or lesser amount as may be prescribed from time to time under the Income Tax Act. 74. Save as otherwise provided in these Rules, a member’s contributions to the Trust, including instalments of contribution, advances or loan recoveries, shall be made by deductions from the salary or pension payable to the member, as the case may be, or in such other manner as the Board may determine. 75. From the entry date and every subsequent year thereafter, each sponsor or voluntary individual member shall pay to the Trust such deficiency contribution certified by an actuary in respect of that sponsor or voluntary individual member. 76. (1) Any sponsor or member who fails to remit the amounts payable into the Trust under any provision of these Rules shall be liable to pay, in addition to the principal amount, a compounded interest at the rate of one point two five per cent (1.25%), or any such other greater or lesser rate as may from time to time be determined by the Board or the Authority, either generally or in respect of a specific sponsor. (2) The Board may, in addition to the action taken under paragraph (1), report persistent default by the sponsor to the Authority, who shall prefer criminal charges against the officers or the sponsor concerned. (3) The Board may, upon first receiving actuarial advice, exercise its discretionary powers to grant a waiver on any interests applicable, or take any other action intended to relieve any sponsor from the effect of paragraph (1) on good grounds supported by satisfactory evidence in that respect. 77. (1) All sums due to the Trust shall be recoverable as a debt due to the Trust and, without prejudice to any other remedy, shall be a civil debt recoverable summarily. (2) An action for the recovery of contribution or interest under this rule may be instituted and conducted by the Managing Trustee or any other authorized officer of the Trust on behalf of the Board. part vII—beNeFItS 78. The following are the benefits payable under the Trust— (a) normal retirement pension; (b) early retirement pension; (c) survivors’ pension; Cap 470. Deduction of contributions. Deficiency contributions. [Subsidiary] Interest on delayed contributions. Recovery of delayed contributions. Descriptions of benefits.
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LAWS OF KENYA The LocaL GovernmenT
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Rev. 2010] Section Local Government
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Page 375 and 376: Rev. 2010] Rule Local Government CA
Page 377 and 378: Rev. 2010] 73—Limits of employer
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Page 397 and 398: Rev. 2010] (b) payment of benefits
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Page 421 and 422: Rev. 2010] 34) Kakamega County Coun
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Page 445 and 446: Rev. 2010] 114,000 95,000 80,750 66
Page 447 and 448: 18,000 15,000 12,750 10,500 9,000 7
Page 449 and 450: Rev. 2010] 48,000 40,000 34,000 28,
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