CHAPTER 372
PARASTATAL ORGANISATIONS PENSIONS SCHEME ACT
[SUBSIDIARY LEGISLATION]
INDEX TO SUBSIDIARY LEGISLATION
ORDERS
G.N. No. 222 of 1995
1. This Order may be cited as the Parastatal Pensions (Specified Organisations Declaration) Order.
2. The organisations specified in the Schedule to this Order are hereby declared "parastatal organisations" and the provisions of the Parastatal Organisations Pensions Scheme Act *, shall apply to these organisations with effect from the date of publication of this Order.
SCHEDULE
1. Swedpower A.B.
2. Meridien Biao Bank.
3. Tancan Minning Company Limited.
4. D.J.B. (Holdings) Limited.
5. Tanganyika Coffee Curing Company Limited.
6. I.P.P. Limited.
7. British Airways Corporation.
8. Mikocheni Hospital (T.A.G.).
9. The Standard Chartered Bank (T) Limited.
G.Ns. Nos.
101 of 1978
131 of 1980
1. This Order may be cited as the Parastatal Organisations Pensions (Exemption) Order, and except as otherwise provided shall be deemed to have come into operation on the first day of July, 1978.
2. All employees of the parastatal organisations specified in the Schedule to this Order and who, under the provisions of Section 5 of the Parastatal Organisation Pensions Scheme Act *, are required to become members of the Parastatal Organisation Pensions Scheme established by that Act, shall be exempted from the application of that section.
SCHEDULE
(Paragraph 2)
1. Williamson Diamonds Limited, Mwadui
2. Nyanza Salt Mines [T] Limited
3. Tanzania Gemstone Industries Limited
4. Tanganyika Meerschaum Corporation Limited
5. Lupa Gold Mines Limited
6. Buck Reef Gold Mines Limited
7. Tanzania Bag Corporation Limited
8. Friendship Textile Mill Limited
9. East African Kenaf Industries Limited
10. Tanganyika Extract Company Limited
11. Tanzania Wildlife Corporation
12. Rufiji Basin Development Authority
13. Bukoba District Development Corporation
14. Biharamulo District Development Corporation
15. Ngara District Development Corporation
16. Karagwe District Development Corporation
17. Mwanza District Development Corporation
18. Geita District Development Corporation
19. Ukerewe District Development Corporation
20. Kwimba District Development Corporation
21. Magu District Development Corporation
22. Shinyanga District Development Corporation
23. Maswa District Development Corporation
24. Kahama District Development Corporation
25. Bariadi District Development Corporation
26. Musoma District Development Corporation
27. Tarime District Development Corporation
28. Serengeti District Development Corporation
{mprestriction ids="1,2,3"}
29. Arusha District Development Corporation
30. Masai District Development Corporation
31. Mbulu District Development Corporation
32. Hanang District Development Corporation
33. Kiteto District Development Corporation
34. Arumeru District Development Corporation
35. Moshi District Development Corporation
36. Rombo District Development Corporation
37. Pare District Development Corporation
38. Tanga District Development Corporation
39. Handeni District Development Corporation
40. Lushoto District Development Corporation
41. Korogwe District Development Corporation
42. Pangani District Development Corporation
43. Muheza District Development Corporation
44. Dar es Salaam District Development Corporation
45. Dodoma District Development Corporation
46. Kondoa District Development Corporation
47. Mpwapwa District Development Corporation
48. Singida District Development Corporation
49. Iramba District Development Corporation
50. Manyoni District Development Corporation
51. Tabora District Development Corporation
52. Nzega District Development Corporation
53. Kigoma District Development Corporation
54. Kasulu District Development Corporation
55. Kibondo District Development Corporation
56. Lindi District Development Corporation
57. Nachingwea District Development Corporation
58. Kilwa District Development Corporation
59. Liwale District Development Corporation
60. Mtwara District Development Corporation
61. Masasi District Development Corporation
62. Newala District Development Corporation
63. Songea District Development Corporation
64. Tunduru District Development Corporation
65. Mbinga District Development Corporation
66. Kisarawe District Development Corporation
67. Bagamoyo District Development Corporation
68. Mafia District Development Corporation
69. Rufiji District Development Corporation
70. Morogoro District Development Corporation
71. Kilosa District Development Corporation
72. Ulanga District Development Corporation
73. Kilombero District Development Corporation
74. Iringa District Development Corporation
75. Mufindi District Development Corporation
76. Njombe District Development Corporation
77. Mbeya District Development Corporation
78. Chunya District Development Corporation
79. Rungwe District Development Corporation
80. Mbozi District Development Corporation
81. Kyela District Development Corporation
82. Sumbawanga District Development Corporation
83. Mpanda District Development Corporation
REGULATIONS
[16th May, 1980]
G.N. No. 72 of 1980
1. Citation
These Regulations may be cited as the Parastatal Organisations Pensions Scheme (Granting of Pensions, Gratuities and Other Allowances) Regulations.
2. Interpretation
In these Regulations, unless the context otherwise requires–
"Act" means the Parastatal Organisations Pensions Scheme Act *;
"Board" means the Board of Trustees of the Parastatal Pensions Fund established by section 17 of the Act;
"member" means a member of the Scheme;
"pensionable emoluments" means the salary which accounts for pension;
"Scheme" means the Parastatal Pensions Scheme established under section 4 of the Act.
3. Qualifying service and pensionable service
(1) Subject to the provisions of the Act and these Regulations, service qualifying for pension or gratuity, as the case may be, shall be the inclusive period between the date on which a member begins to draw salary or half salary in respect of his service with a parastatal organisation and the date of his leaving that service, without deduction of any period during which he has been absent on leave.
(2) No period which is not qualifying service by virtue of subregulation (1) shall be taken into account as qualifying service or as pensionable service.
(3) No period during which the member was not in the service of a parastatal organisation shall be taken into account as qualifying service or pensionable service.
4. Continuity of service
(1) Except as otherwise provided for in the Act or these Regulations, only continuous service shall be taken into account as qualifying service or as pensionable service:
Provided that any break in service caused by temporary suspension of employment not arising from misconduct or voluntary resignation shall be disregarded for the purpose of the regulation.
(2) Notwithstanding the provisions of subregulation (1), a member–
(a) whose pension has been suspended under section 36 of the Act; or
(b) who has retired from the service of a parastatal organisation without pension on account of ill health, abolition of office, or organisation designed to affect greater efficiency and economy and has subsequently been re-employed in the parastatal service,shall, unless the Board thinks otherwise, be granted the pension or gratuity for which he would have been eligible if any break in his service in the parastatal organisation immediately prior to such suspension, re-employment or employment had not occurred, such pension to be in lieu of–
(i) any pension previously granted to him from the Parastatal Pensions Fund; and
(ii) any gratuity so granted which is required to be refunded as a condition of the application to the member of this regulation; but additional to any gratuity so granted which is not required to be refunded as aforesaid:
Provided that, in calculating a pension granted in pursuance of this regulation, no account shall be taken for any purposes of the period during which he was not in the service of a parastatal organisation
5. Period to be taken into account for computing of pension
(1) For the purpose of computing the amount of a member's pension or gratuity, the following period shall be taken into account as pensionable service–
(a) any period during which he has been on duty; or
(b) any period during which he has been absent from duty on leave with full or half salary;
(c) any periods during which he has been absent from duty on leave without salary, if it is proved to the satisfaction of the Board that such leave was granted on grounds of public policy,
and any periods during which he has been absent on leave, other than those specified above, shall be deducted from the member's total service in order to arrive at his period of pensionable service.
(2) Where any period of service on reduced or no salary is taken into account for pension purposes, both the member and his employer shall be required to make such compulsory contributions to the Fund as would have been made by them had the member been in receipt of full salary during that period.
6. Emoluments to be taken into account for computing pension or gratuity
(1) For the purpose of computing the amount of the pension or gratuity of a member who has had a period of not less than three years' pensionable service before his retirement–
(a) in the case of a member who held the same office for a period of three years immediately preceding the date of his retirement, the full annual pensionable emoluments, enjoyed by him at that date in respect of that office shall be taken;
(b) in the case of a member who at any time during the period of three years has been transferred from one office to another, but whose pensionable emoluments have not been changed by reason of such transfer or transfers otherwise than by the grant of any scale increment, the full annual pensionable emoluments enjoyed by him at the date of his retirement in respect of the office then held by him shall be taken;
(c) in other cases one-third of the aggregate pensionable emoluments enjoyed by the member in respect of his service during the three years of his service immediately preceding the date of his retirement shall be taken:
Provided that–
(i) if such one-third is less than the highest pensionable emoluments enjoyed by him immediately prior to the date of any transfer within such period of three years, those annual pensionable emoluments shall be taken;
(ii) if such one-third is less than the annual pensionable emoluments which would have been enjoyed by him at the date of his retirement, if he had continued to hold any office from which he has been transferred at any time during such period of three years, and had received all local increments which, in the opinion of the Board, would have granted to him, the annual pensionable emoluments which would have been so enjoyed shall be taken;
(iii) if such one-third is more than the full annual pensionable emoluments enjoyed by him at the date of his retirement in respect of the office held by him, those pensionable emoluments shall be taken.
(2) For the purpose of determining under subregulation (1) the pensionable emoluments that a member has enjoyed or would have enjoyed, as the case may be, he shall be deemed–
(a) to have been on duty on full pensionable emoluments throughout; the period of three years immediately preceding the date of his retirement; and
(b) to have enjoyed the benefit of any increase due to a revision of salaries in the pensionable emoluments of any office held by him as if such increase had been payable throughout such period of three years.
(3) For the purpose of computing the amount of the pension or gratuity of a member who has had a period of less than three years pensionable service before retirement–
(a) the average annual pensionable emoluments enjoyed by him during such period shall be taken;
(b) he shall be deemed to have been on duty on full pensionable emoluments throughout such period;
(c) he shall be deemed to have enjoyed the benefit of any increase due to a revision of salaries in the pensionable emoluments of any office held by him as if such increase had been payable throughout such period.
7. Only service in a pensionable office to be taken into account
(1) Only service in a pensionable office, not being service on terms which provide for termination by notice of one month or less, shall be taken into account as pensionable service:
Provided that where a period of service on terms which provided for termination by notice of one month or less on a pensionable office or a period of service is immediately followed by service in a pensionable office and the employee is confirmed therein–
(a) in the case of any employee who having been in the service of a parastatal organisation on contract and having relinquished his right to receive a gratuity under the contract is, without break in service, appointed and confirmed in a pensionable office, the whole of such period of service on contract may be so taken into account:
Provided that for the purposes of this regulation, a contract shall mean a contract under which an employee is eligible to receive a gratuity in lieu or other superannuation benefits:
Provided further that any break in service which may be disregarded under the provisions of regulation 4 may likewise be disregarded in determining for the purposes of the preceding proviso whether one period of service immediately follows another period of service;
(b) in every other case, one-half of such period of service may, with the approval of the Minister, be so taken into account; and where, however, any such period is allowed to be so taken into account, a sum equal to the employer's contribution made to his employee for the said period National Provident Fund on his behalf shall be deducted from any benefits for which he may be eligible under the provisions of the Act.
(2) Where a member has been transferred from a pensionable office to an office other than a pensionable office and subsequently retires either from the pensionable office or from such other office, his service in such other office may, with the approval of the Minister, be taken into account as though it were service in the pensionable office which he held immediately prior to such transfer, and at the pensionable emoluments which were payable to him at the date of transfer.
(3) Where a period of service in a non-pensionable office is taken into account as though it were service in the pensionable office which for the purposes of section 35 of the Act, be deemed to be holding a pensionable office and where that period is taken into account under the provisions of paragraph (2) of this regulation, to have been confirmed.
(4) Where any period of service under this regulation is taken into account for pension purposes, both the employee and employer may be required to make such contributions to the Fund in respect of that service as the Minister may determine.
8. Transfers between parastatal organisations
Where a member is transferred from one parastatal organisation to another, his pension service for the purposes of the Act shall be treated as continuous.
9. Revocation
[Revokes the Parastatal Pensions Regulations *.]
10. Validation of certain acts
Notwithstanding the provisions of Regulation 9, anything done under or pursuant to the Parastatal Pensions Regulations shall be deemed to have been done under or pursuant to these Regulations. {/mprestriction}