ADVOKS GLOBAL · KENYA
Asian Officers’ Family Pensions Act
2. Interpretation
Edition: 1971-06-04 · In force
2. Interpretation
(1)In this Act, except where the context otherwise requires—“actuary” means a Fellow of the Institute of Actuaries or the Faculty of Actuaries in Scotland;“approved scheme” means a scheme or fund for the granting of pensions to the widows and children of officers in the public service, which has been declared by the President to be an approved scheme for the purposes of this Act;“Asian officer” means—(a)any male officer appointed to the service of the Government on terms ordinarily applicable to Asians; and(b)any person, not otherwise eligible for membership of the Fund, who the President may, subject to the provisions of section 13 of this Act and subject also to such conditions as he may determine, admit to membership of the Fund;“beneficiary” means—(a)the widow of a member;(b)the child of pensionable age of a member, by his marriage with any wife who has died or whose marriage is not deemed to be a valid marriage under this Act:Provided that when there are two or more such children of one marriage, such children shall constitute one beneficiary;“Bombay Agents” means the Agents in India for the Government;“Karachi Agents” means the Agents in Pakistan for the Government;“member” means any Asian officer who is contributing to the Fund and, save as otherwise provided in this Act, includes a person who has ceased to contribute or who is exempted from contributing under subsection (2) of section of this Act;“other public service” means public service not under the Government;“pension” means any pension granted to a beneficiary under this Act, except when the context implies that a pension granted to a member himself is meant;“public service” means—(a)service in a civil capacity under the Government or under the government of any other country or territory in the Commonwealth;(b)service under the High Commission, the Organization, the Community, the East African Railways and Harbours Administration, the East African Posts and Telecommunications Administration, the East African Railways Corporation, the East African Harbours Corporation or the East African Posts and Telecommunications Corporation;(c)service as the holder of the office of President, Vice-President, Justice of Appeal, Registrar, officer or servant of the Court of Appeal for Eastern Africa or the Court of Appeal for East Africa;(d)any other service that the President determines to be public service for the purposes of this Act;“salary” means the gross salary attached to the office of which the officer is substantive holder and includes overseas addition or personal inducement allowance but does not include any other allowance or other emolument or the value of any other advantage which the officer may receive or enjoy;“service under the Community” does not include service in the service of a Corporation of the Community or of the Bank of the Community;“the Board” means the Board established by section 3 of this Act;“the Fund” means the Fund established under section 5 of this Act.(2)A child shall be of pensionable age for the purposes of this Act, in the case of a male, if he is under the age of twenty-one years, and, in the case of a female, if she is under the age of twenty-one years and has not married:Provided that a child who has ceased to be of pensionable age and is, in the opinion of the Board, by reason of infirmity of mind or body, incapable of earning a livelihood and without sufficient means of support shall be deemed for the purposes of this Act to continue to be of pensionable age for such period as the Board may determine.(3)A child who has been legitimated by marriage according to the law of the country of the father’s domicile at the date of the marriage shall, for the purposes of this Act, be deemed to be a child of that marriage.(4)In the case of a member who is a Mohammedan or a member of any other religion under the tenets of which polygamy is lawful—(a)if he is unmarried at the date upon which he becomes a member, then only the first marriage contracted after that date;Asian Officers’ Family Pensions(b)if he is married at that date to one wife only who is alive at the said date, then only that marriage;(c)if he is married at the said date to more than one wife both or all of whom are alive at the said date, then only the earliest in time of such marriages,shall be deemed to be a valid marriage for the purposes of this Act:Provided that, on the dissolution of any marriage which is under this section deemed to be a valid marriage for the purposes of this Act, by reason of the death of the wife of that marriage or by reason of a divorce or annulment, then for the purposes of this Act—(i)if the member was married at the date of such death, divorce or annulment to more than one wife, both or all of whom were alive at the said date, the next in time of such marriages shall be deemed to be a valid marriage;(ii)if the member was married at the aforesaid date to one wife only, the first marriage after such death, divorce or annulment shall be deemed to be a valid marriage.(5)Subject to the provisions of subsection (4) of this section, when the marriage of any member has been annulled or dissolved according to the law applicable to the member, the female party to such marriage shall, for the purposes of this Act, be deemed to have died, and the member shall be deemed to have become a widower, from the date of such annulment or dissolution.