Local Government Act - Kenya Law Reports

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414 CAP. 265 Local Government [Rev. 2010 [Subsidiary] Trivial pension. Payment to deceased members. Cessation of pension to beneficiaries after twenty-one years. Failure to maintain aggregate amount of his pensionable emoluments throughout his service with the reciprocating body, plus such aggregate amount of salary. (2) If such member retires from the pensionable service of a reciprocating body at an age earlier than the normal retirement age, the pension payable from the Trust shall be reduced by the percentage set out below— Age at date of retirement 45 25 46 21 47 18 48 15 49 12 50 0 % reduction rule 105. Any pension that is less than the highest minimum Nairobi wage advised from time to time by the Minister for the time being responsible for matters relating to labour and human resources shall be treated as trivial pension, and may be paid out in one final lump sum upon approval being sought and obtained by the Board from the Authority, either for specific cases or generally for all trivial pension cases as they arise. 106. Upon the death of a member, if the Board is satisfied that there is no person who is or may be eligible for a benefit under these Rules, there shall be paid to the person lawfully administering the estate of the deceased member a refund of contribution plus accrued investment income. 107. (1) The Board may, for a period not exceeding twenty one years from the death of a member, pay the whole or such proportion, if any, of such pension as it deems fit to a beneficiary of such member. (2) Any payment made by virtue of the above provisions to a child or dependant may be made to any other person for the benefit of such child or dependant, and such person’s receipt therefor shall be a full and sufficient discharge to the Board. (3) In the event of two or more persons being eligible to receive simultaneously the whole or any part of a pension or lump sum benefit, the Board may apportion the same between them in such proportion as it deems fit or pay the whole or part of the said pension or lump sum benefit to one or more of such persons to the exclusion of the other or others. (4) The pension of a member who has elected to commute part of his pension shall be such pension as he would have been receiving at the date of his death if he had not so elected. 108. If the Board is satisfied that the widow or widower of a deceased
Rev. 2010] Local Government CAP. 265 415 member, whilst in receipt of a pension, has deserted or abandoned or has failed or is failing to maintain or assist, so far as her or his means allow, a child of hers or his marriage with the deceased member whom she or he is bound by law to maintain, the Board may, on receipt of sufficient evidence, pay or cause to be paid such child such portion of the pension as it may think fit, and the widow or widower shall have no further claim in respect of any portion of the pension so paid. 109. If the marriage of any member has been annulled or dissolved by the decree of a competent court, then, at the instance of the member, the member’s spouse shall, for the purposes of these Rules, be deemed to have died, and the member shall be deemed to have become a widow or widower, as the case may be, at the date of decree absolute. 110. Pensioners shall be entitled to annual pension increase as may be advised and determined by an actuary during a statutory valuation period of the Trust based on the financial performance of the Trust in the preceding year. 111. A pension being paid to a widow or widower or former spouse of a deceased member shall cease to be payable to him or her upon re-marriage: Provided that where the widow or widower had a child or children or dependants of the deceased member under his or her care, the child or dependant shall receive the deceased member’s benefits in accordance with provisions of these Rules. 112. (1) A member who has withdrawn from the Trust or his beneficiary may opt to retain in the Trust his accrued benefits for the purposes of preservation in the Trust. (2) The Board shall invest the preserved benefits in the same manner as the other Trust funds and eventually pay to the member or beneficiary the principal amount together with the accrued investment income. 113. The Board may require such proof as it considers desirable to confirm that any person who claims to be entitled to a pension, or on behalf of whom such a claim is made, is alive or still eligible, and the payment of such pension may be refused until such proof is furnished as to eligibility and as to existence at least every six months in a manner prescribed by the Board. 114. (1) If a pensioner becomes incapable of managing his affairs by reason of physical or mental infirmity, and such condition is proven to the satisfaction of the Board, the Board may, during the period of such incapacity, pay the pension to or for the benefit of all or any of the persons mentioned in rule 93. (2) All payments under this rule shall be made at the Board’s discretion in such proportions as it deems fit to the institution having the care of the pensioner or the persons mentioned in rule 93. (3) When the pensioner is restored to physical and mental health, he shall [Subsidiary] children. Effect of dissolution of marriage. Annual pension increase. Cessation of pension. Preservation of member’s benefits. Claimant of pension to prove continued survival or eligibility. Incapacity of pensioner.
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LAWS OF KENYA The LocaL GovernmenT
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Rev. 2010] Section Local Government
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Rev. 2010] Local Government CAP. 26
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Rev. 2010] Section 229—Balancing
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Rev. 2010] Act; Local Government CA
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Rev. 2010] 48 49 50 51 Local Govern
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Rev. 2010] Provided that— Local G
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Rev. 2010] shall have power— Loca
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aGGreGaTe reSULTS valId vOteS IN wO
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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 383 and 384: Rev. 2010] Box 28938-00200, Nairobi
Page 397 and 398: Rev. 2010] (b) payment of benefits
Page 413: Rev. 2010] Local Government CAP. 26
Page 421 and 422: Rev. 2010] 34) Kakamega County Coun
Page 423 and 424: Rev. 2010] 136) Nzoia County Counci
Page 429 and 430: Rev. 2010] local authority, constit
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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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