CHAPTER 225
POLITICAL SERVICE RETIREMENT BENEFITS ACT
[PRINCIPAL LEGISLATION]
ARRANGEMENT OF SECTIONS
Section
Title
PART I
PRELIMINARY PROVISIONS
1. Short title.
2. [Omitted.]
3. [Repealed.]
4. Interpretation.
PART II
PROVISIONS GOVERNING GRANT OF BENEFITS
5. Scope of entitlement to the benefits.
6. Benefits payable as of right.
7. Conditions regarding leave without salary.
8. Benefits to be charged out of Consolidated Fund.
PART III
GRANT OF BENEFITS TO FORMER PRESIDENT AND FORMER VICE-PRESIDENT
(i) Benefits to former President
9. Benefits to be granted to former President.
10. Grant of gratuity to dependants of former President.
11. Pension for widow, widows or widower of former President.
(ii) Benefits to former Vice-President
12. Benefits to be granted to former Vice-President.
13. Grant of gratuity to dependants of former Vice-President.
PART IV
BENEFITS CONFERRED TO FORMER PRIME MINISTER, FORMER MINISTER AND FORMER DEPUTY MINISTER
(i) Benefits to former Prime Minister
14. Benefits to be granted to former Prime Minister.
15. Grant of gratuity to dependants of former Prime Minister.
(ii) Benefits to former Minister and former Deputy Minister
16. Payment of pension and gratuity to former Minister and Deputy Minister.
17. Payment of pension, etc., to dependants of former Minister and Deputy Minister.
PART V
BENEFITS CONFERRED TO FORMER SPEAKER AND FORMER MEMBER OF PARLIAMENT
(i) Benefits to former Speaker
18. Benefits to former Speaker.
19. Grant of gratuity to dependants of former Speaker.
(ii) Benefits to former Deputy Speaker
20. Benefits to former Deputy Speaker.
(iii) Benefits to former Member of Parliament
21. Benefits to former Member of Parliament.
22. Grant of gratuity, etc., to dependants of former Member of Parliament.
PART VI
BENEFITS CONFERRED TO FORMER REGIONAL COMMISSIONER OR DISTRICT COMMISSIONER
23. Benefits to be granted to Regional Commissioner or District Commissioner.
24. Review of benefits and exemption from income tax.
25. Repeal and savings.
PART VII
[Amendment.]
PART VIII
[Amendment.]
CHAPTER 225
POLITICAL SERVICE RETIREMENT BENEFITS ACT
An Act to provide for the granting of benefits and services to leaders upon cessation of service in a political office.
[1st November, 2000] 1
[s. 2(1)]
Acts Nos.
3 of 1999
9 of 2000
PART I
PRELIMINARY PROVISIONS (ss 1-4)
This Act may be cited as the Political Service Retirement Benefits Act.
[Commencement date.]
[Repealed by Act No. 9 of 2000 s. 15.]
In this Act, unless the context requires otherwise–
"appointing, nominating or electoral authority" means the President and the National Electoral Commission;
"appropriate authority" in relation to any provision of this Act, means a person, declared under sections 6(3);
"benefits" means pension, gratuity, winding up allowance or any other award granted under the provisions of this Act;
"Constitution" means the Constitution of the United Republic of Tanzania *;
"dependant", in relation to a deceased leader, means–
(a) where the deceased leader was a male, his widow or where immediately preceding his death he was married to two or more wives, his widows;
(b) where the deceased leader was a female, her husband;
(c) every child of the deceased leader who was wholly or substantially dependent upon the deceased leader’s income for his livelihood immediately preceding the death of the deceased officer;
(d) the immediate parents of the deceased leader; who satisfies the Permanent Secretary to the Treasury that they were wholly or substantially dependent upon the deceased leader’s income for their livelihood immediately preceding the death of the deceased leader;
"former President" means a person who has held the office of the President of the United Republic, but has ceased to hold that office and the expressions “former Vice-President:, “former Prime Minister”, “former Minister” Deputy Minister” shall be construed accordingly;
"former Speaker" means a person who has held the office of the Speaker of the National Assembly but has ceased to hold that office and the expression “former Deputy Speaker and “former Member of Parliament” shall be construed accordingly;
{mprestriction ids="1,2,3"}
"gratuity" means payment granted to a leader upon cessation of service;
"leader" means a person who serves or has served in office as the President, Vice-President, Prime Minister, Minister, Deputy Minister, Speaker of the National Assembly, Deputy Speaker, a Member of Parliament, Regional Commissioner or District Commissioner;
"public officer" or "public department" means every officer or department invested with or performing duties of a public nature, whether under the immediate control of the President or not and includes an officer or department under the control of a local authority, the community, or a public corporation;
"public service" means service in the Government;
"qualifying period" means service which may be taken into account in determining whether or not that leader is eligible by length of service for a pension or gratuity;
"repealed Acts" means the Political Leaders' Pensions Act and the Specified State Leaders Retirement Benefits Act *;
"salary" means the basic salary of a leader excluding bonus, allowance of any kind or any other additional emoluments of any kind;
"survivor" means a widow, widows or widower of the deceased leader.
PART II
PROVISIONS GOVERNING GRANT OF BENEFITS (ss 5-8)
5. Scope of entitlement to the benefits
(1) A person shall be entitled to a grant of benefit under this Act upon the occurrence of any of the following events–
(a) upon completion of a term of service in an office to which he was elected, nominated or appointed;
(b) upon cessation of service in pursuance to the provisions of the Constitution or the provisions of any other law or order issued under any written law;
(c) upon abolition of the office to which he was elected, nominated or appointed;
(d) existence of medical evidence to the satisfaction of the electoral, nominating or appointing authority that he is incapable by reason of any infirmity of mind or body of discharging the duties of the office to which he was elected, nominated or appointed;
(e) upon death while serving in a political office before completion of a term of service in which benefit shall be granted to dependants of survivors.
(2) Where, immediately before he was elected, nominated or appointed as the case may be, the President, Vice-President, Prime Minister and Speaker of the National Assembly, who was employed on pensionable terms or his employment was governed by an employers’ terminal benefits scheme or a national social security scheme under which the benefits on retirement from service or from the scheme took the form of payment of a pension, the right of that person to receive terminal benefits under that scheme shall cease, and he shall be entitled only to benefits granted under this Act.
6. Benefits payable as of right
(1) Subject to subsection (2), the benefits which are granted under this Part, are a right conferred upon the holders of the office concerned under the Constitution and no person or authority within the United Republic may reduce, withhold or freeze such benefits, except with the prior authorisation of the National Assembly signified by Act of Parliament.
(2) A person shall not be entitled to benefits under this Act if he ceases to hold office as a leader in the circumstances provided for in Articles 46A(11), 50(5), 57(2)(g) or 71(1)(d) of the Constitution of the United Republic of Tanzania *.
(3) The expression “appropriate authority”–
(a) for the purpose of sections 9(1), (2) and (3), 10, 11, and 12(1) and (2), 13, 14(1) and (2), 15, 16, 17, 18(1), 19, 20, 21, 22, 23, 25 and 27, means the Permanent Secretary to the Treasury;
(b) for the purpose of sections 9(2) and (3) and 14(2), means the Permanent Secretary to the Ministry responsible for public service.
7. Conditions regarding leave without salary
(1) Where immediately before a leader other than the former President, the former Vice-President, the former Prime Minister or the former Speaker was elected, nominated or appointed to become a leader, was a public officer employed on pensionable terms or his employment was governed by an employees’ terminal benefits scheme under which the terminal benefits on retirement took the form of payment of a pension, that leader shall be deemed to have been on leave without salary from his former employer but the period during which he served as a leader shall be taken into account for the purposes of determining the qualifying period.
(2) Where a leader other than the former President, the former Vice-President the former Prime Minister or the former Speaker who prior to become a leader was a public officer and who, upon ceasing to become a leader has not attained the age of compulsory retirement, does not retire from service under his former employer, his pension or gratuity shall be calculated the provisions of sections 24 and 25 of the Public Service Retirement Benefits Act * or any other law or regulations which governed his employment as such public officer.
(3) Subject to subsections (1) and (2), a leader who, upon ceasing to be a leader has not attained the age of retirement and does not return to his former employer or while serving as a leader attains the age of compulsory retirement, that leader shall be eligible to receive a pension or gratuity calculated in accordance with the provisions of section 24 or 25 of the Public Service Retirement Benefits Act *, or any other law or regulation which governs his employment while he was in the public service.
8. Benefits to be charged out of Consolidated Fund
There shall be charged on and paid out of the Consolidated Fund the sums of moneys which may be granted by way of benefits under the provisions of this Act.
PART III
GRANT OF BENEFITS TO FORMER PRESIDENT AND FORMER VICE-PRESIDENT (ss 9-13)
(i) Benefits to former President (ss 9-11)
9. Benefits to be granted to former President
(1) A leader who held the office of the President of the United Republic shall, upon ceasing to hold office, be granted–
(a) an annual pension granted monthly of a sum equal to eighty percent of the salary of the incumbent President;
(b) a gratuity of the sum equal to fifty percent of the total sum received by him as salaries when he was in office;
(c) a winding up allowance of the sum equal to the amount that would be received as salary in twenty four months by the incumbent President.
(2) The appropriate authority shall arrange and provide to the former President upon ceasing to hold office–
(a) diplomatic passport for him and for his spouse;
(b) a health insurance policy that covers medical treatment within the United Republic;
(c) the service of two motor vehicles to be provided by the Government;
(d) a furnished house containing not less than four bedrooms of which two rooms shall be self-contained and shall contain–
(i) a furnished office;
(ii) a servant quarter;
(e) a monthly maintenance allowance of the sum equal to eighty percent of the salary granted to the incumbent president;
(f) all necessary security and other protection services to him and his immediate family;
(g) one personal assistant;
(h) one personal secretary;
(i) one office attendant;
(j) one cook;
(k) one laundry man;
(l) one domestic servant;
(m) one gardener;
(n) two drivers;
(o) use of the VIP lounge.
(3) If the former President is requested by the Government to travel outside the United Republic, the appropriate authority shall meet all First Class travelling expenses which shall also cover expenses for the spouse and two assistants.
10. Grant of gratuity to dependants of former President
Where the President dies in office or if he dies after ceasing to hold office but before benefits are granted to him, the appropriate authority shall grant to his dependants a gratuity which shall be equal to the total sum received by him as salaries when he was in office.
11. Pension for widow, widows or widower of former President
When a former President dies his or her widow, widows, or widower shall be granted by an appropriate authority an annual pension, payable monthly, of the sum equal to twenty percent of the salary of the incumbent President.
(ii) Benefits to former Vice-President (ss 12-13)
12. Benefits to be granted to former Vice-President
(1) A leader who held the office of the Vice-President of the United Republic shall, upon ceasing to hold office, be granted–
(a) an annual pension granted monthly of a sum equal to eighty percent of the salary of the incumbent Vice-President;
(b) a gratuity of the sum equal to fifty percent of the total sum received by him as salaries when he was in office;
(c) a winding up allowance of the sum equal to the amount that would be received as salary in twenty-four months by the incumbent Vice-President.
(2) The appropriate authority shall arrange to provide to the former Vice-President, upon ceasing to hold office–
(a) a diplomatic passport for him and for his spouse;
(b) a health insurance policy that covers medical treatment within the United Republic
(c) the service of one motor vehicle to be provided by the Government;
(d) a monthly maintenance allowance of the sum equal to eighty percent of the salary payable to the incumbent Vice-President;
(e) one personal assistant;
(f) one cook;
(g) one laundryman;
(h) one domestic servant;
(i) one gardener;
(j) one driver;
(k) use of the VIP lounge.
(3) All necessary security and other protection services shall be provided to him and his immediate family.
(4) If the former Vice-President is requested by the Government to travel outside the United Republic the appropriate authority shall meet all First Class travelling expenses which shall also cover expenses for his spouse and one assistant.
13. Grant of gratuity to dependants of former Vice-President
Where the Vice-President dies in office or if he dies after ceasing to hold office but before benefits are granted to him, the appropriate authority shall grant to his dependants gratuity which shall be calculated on the basis of the period he served in office.
PART IV
BENEFITS CONFERRED TO FORMER PRIME MINISTER, FORMER MINISTER AND FORMER DEPUTY MINISTER (ss 14-17)
(i) Benefits to former Prime Minister (ss 14-15)
14. Benefits to be granted to former Prime Minister
(1) A leader who held the office of the Prime Minister of the United Republic shall, upon ceasing to hold Office, be granted–
(a) an annual pension payable monthly the sum equal to eighty percent of the salary of the incumbent Prime Minister;
(b) a gratuity of the sum equal to fifty percent of the total sums of money received by him as salaries when he was in office;
(c) a winding up allowance of the sum equal to the amount that would be received as salary in twenty-four months by the incumbent Prime Minister.
(2) The appropriate authority shall arrange and provide to the former Prime Minister, upon ceasing to hold office–
(a) a diplomatic passport for him and for his spouse;
(b) a health insurance policy that covers medical treatment within the United Republic;
(c) the service of one motor vehicle to be provided by the Government;
(d) maintenance allowance of the sum equal to eighty percent of the salary payable to the incumbent Prime Minister;
(e) one personal assistant;
(f) one cook;
(g) one laundryman;
(h) one domestic servant;
(i) one gardener;
(j) one driver;
(k) use of the VIP lounge.
(3) All necessary security and other protection services shall be provided to him and his immediate family.
(4) If the former Prime Minister is requested by the Government to travel outside the United Republic, the appropriate authority shall meet all First Class travelling expenses which shall also cover expenses for his spouse and one assistant.
15. Grant of gratuity to dependants of former Prime Minister
Where the Prime Minister dies in office or if he dies after ceasing to hold office but before benefits are granted to him, the appropriate authority shall grant to the dependants gratuity which shall be calculated on the basis of the period he served in office.
(ii) Benefits to former Minister and former Deputy Minister (ss 16-17)
16. Payment of pension and gratuity to former Minister and Deputy Minister
(1) The Minister or Deputy Minister shall, upon ceasing to hold office, be granted a gratuity of the sum equal to forty percent of the total sums of money he received as salaries when he was in office.
(2) The payment made in pursuance to subsection (1) shall be calculated on the basis of total number of months which the Minister or Deputy Minister, as the case may be, held office.
17. Payment of pension, etc., to dependants of former Minister and Deputy Minister
Where the former Minister or Deputy Minister or Deputy Minister dies in office or if he dies after ceasing to hold office but before benefits are paid to him, the appropriate authority shall pay to his dependants gratuity which shall be calculated on the basis of the period he served in office.
PART V
BENEFITS CONFERRED TO FORMER SPEAKER AND FORMER MEMBER OF PARLIAMENT (ss 18-22)
(i) Benefits to former Speaker (ss 18-19)
18. Benefits to former Speaker
A leader who held the office of the Speaker of the National Assembly shall, upon ceasing to hold office, be granted–
(a) a gratuity of the sum equal to fifty percent of the total sums of moneys received by him as salaries when he held office of Speaker;
(b) an annual pension granted monthly of a sum equal to eighty percent of the salary of the incumbent Speaker of the National Assembly;
(c) a winding-up allowance of a sum equal to the amount that would be received as salary in twenty-four months by the incumbent Speaker;
(d) one motor vehicle to be granted once and which shall be maintained by him;
(e) a driver;
(f) a diplomatic passport for him and for his spouse;
(g) seventy litres of fuel per week;
(h) maintenance allowance for a motor vehicle at a rate equal to forty percent of fuel allowance.
19. Grant of gratuity to dependants of former Speaker
Where the Speaker of the National Assembly dies in office or if he dies after ceasing to hold office but before benefits are paid to him, the appropriate authority shall pay to the dependants gratuity which shall be calculated on the basis of the period he held office.
(ii) Benefits to former Deputy Speaker (s 20)
20. Benefits to former Deputy Speaker
(1) A leader who held the office of the Deputy Speaker of the National Assembly shall, upon ceasing to hold office, be granted a gratuity of the sum equal to fifty percent of the total sums of moneys he received as salaries when he was in office.
(2) The former Deputy Speaker of the National Assembly shall, in addition to the benefits granted under subsection (1), be granted a winding-up allowance of a sum equal to ten percent of the total sum of the salaries he received while he held the office as Deputy Speaker of the National Assembly.
(iii) Benefits to former Member of Parliament (ss 21-22)
21. Benefits to former Member of Parliament
(1) A leader who held the office of the Parliament shall, upon ceasing to hold office, be granted gratuity of the sum equal to forty percent of his salary for each complete month of his service payable in lumpsum.
(2) The payment made in pursuance to subsection (1) shall be calculated on the basis of total number of months which the leader held office of the Member of Parliament.
(3) The former Member of Parliament shall in addition to the benefits granted under subsection (1) be granted a winding up allowance of a sum equal to twenty percent of the total sum of the salaries he received in twenty four months.
22. Grant of gratuity, etc., to dependants of former Member of Parliament
Where a member of parliament dies in office or if he dies after ceasing to hold office but before benefits are granted to him, the appropriate authority shall grant to his dependants gratuity which shall be calculated on the basis of the period he served in office.
PART VI
BENEFITS CONFERRED TO FORMER REGIONAL COMMISSIONER OR DISTRICT COMMISSIONER (ss 23-25)
23. Benefits to be granted to Regional Commissioner or District Commissioner
With effect from the 1st day of November, 2000, a leader who holds office of Regional Commissioner or of District Commissioner shall, upon ceasing to hold office in circumstances set out in section 5(1), be entitled to benefits granted in accordance with the provisions of the Public Service Retirement Benefits Act *.
24. Review of benefits and exemption from income tax
(1) Where a former President, Vice-President, Prime Minister or Speaker was, prior to becoming a leader, under the repealed Act, whose terms of service were permanent and pensionable, his pension or gratuity in relation to the services he rendered prior to being elected or appointed as the President, Vice-President, Prime Minister or Speaker, as the case may be, shall be granted in addition to the benefits granted to him in accordance with the provisions of sections 9, 12, 14 or 18.
(2) All benefits granted to a leader under this Act shall be exempted from income tax.
(1) [Repeals the Political Leaders Pensions Act *.]
(2) [Repeals the Specified State Leaders Retirement Benefits Act *.]
(3) A person who enjoys any benefits by reason of operation of the repealed enactments shall continue to enjoy those benefits and for the purposes of further enjoyment of those benefits, such enactments shall be treated as if they have not been repealed.
PART VII
[Amends the Specified State Leaders' Retirement Benefits Act *.]
PART VIII
[Amends the Political Leaders' Pensions Act *.]
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