ADVOKS GLOBAL · KENYA
Asian Officers’ Family Pensions Act
13. Who are not eligible to contribute
Edition: 1971-06-04 · In force
13. Who are not eligible to contribute
(1)The following persons shall not be eligible to become members—(a)Asian officers whose salaries are less than one hundred and twenty pounds per annum;(b)Asian officers who are unmarried and are at the time of employment under the age of twenty-one years:Provided that, if they are otherwise liable to contribute, they shall on becoming married or on reaching the age of twenty-one years forthwith become members;(c)Asian officers who have attained their fifty-fourth birthday;(d)subject to the provisions of section 11 of this Act, Asian officers who are contributors to the fund established under the Asiatic Widows’ and Orphans’ Pension Act;(e)Asian officers in the service of the Government as learners and apprentices;(f)Asian officers whose engagement, not being for a specified period, is terminable at one month’s notice or less;(g)any other class of persons whom the President may by order declare to be ineligible to contribute on the grounds that it is impossible or inexpedient to apply the provisions of this Act to such class;(h)any Asian officer serving under a written agreement expressed to continue for a specified period or periods, if—(i)such officer is appointed on or after a day determined by the President, by notice in the Gazette, for the purposes of this paragraph, unless the terms of his appointment provide that he shall be eligible to be a member; or Asian Officers’ Family Pensions(ii)such officer was appointed before the day determined under subparagraph (i) of this paragraph, and elects, by written notice addressed to the accounting officer of his Ministry or Department and, unless the President is of the opinion that in the particular circumstances of the case the notice should be accepted at a later date, received by the accounting officer within three months of the day so determined, not to continue to contribute, in which case that officer shall cease to be a member (in so far as that expression means an officer who is contributing to the Fund) with effect from the first day of the month after that in which such notice is received by the accounting officer;(i)Asian officers appointed on or after the 1st April, 1964.(2)(a)Subject to the provisions of this subsection, if the Board is satisfied that an officer who is required by this Act to become a member is a contributor under an approved scheme, the Board may, on the application of such officer, direct that he shall, so long as he continues to be a contributor under such approved scheme, be exempt from contributing unless at any time the contributions which, in the absence of this subsection, he would from time to time be required to pay under this Act exceed his contributions under such approved scheme, and, so long as the exemption remains in force and the officer continues to be a contributor under such scheme, he shall not contribute to the Fund more than the amount (if any) of such excess.(b)The Board may require any member who has been granted an exemption under this subsection, from time to time, to produce the receipts for his contributions or other evidence of his continuing to be a contributor under such approved scheme, and if he fails to do so the Board may cancel the exemption.(c)No application for exemption under this subsection shall be valid unless it is made in writing and reaches the Board not later than three months after the date from which the officer commences to draw salary from the funds of Kenya or such later date as the Board may in any special case determine.(d)Where an Asian officer is, by virtue of an exemption under this subsection, making no contributions to the Fund, he shall nevertheless be deemed, for the purposes of this Act, to cease or continue to contribute, as the case may be, in any circumstances in which he would so cease or continue if such exemption had not been granted, and all rights of election under Part V of this Act may be exercised by him accordingly.