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Asian Officers’ Family Pensions Act

23. Continuance of contributions of married member or widower with pensionable children after retirement on pension

Edition: 1971-06-04 · In force

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23. Continuance of contributions of married member or widower with pensionable children after retirement on pension

(1)If a member who is married or is a widower with children of pensionable age retires from the public service before attaining the age of fifty-five years and is granted a pension from the funds of Kenya, he shall continue to contribute at the rate at which he was contributing immediately before his retirement, unless and until, by notice in writing addressed to the Board, he elects—
(a)to contribute at a rate appropriate to the amount of such pension; or
(b)to cease to contribute as from the first day of the month in which such notice is so addressed,
if he so elects, his contributions shall be reduced or shall cease accordingly; a member may elect under this subsection to cease to contribute notwithstanding that he has previously elected to contribute as provided in paragraph (a) of this subsection.
(2)Notwithstanding the provisions of section 27 of this Act, if such a member retires on the ground of ill-health and his death occurs—
(a)if at the date of his death he is contributing as provided in paragraph (a) of subsection (1) of this section, not later than three years after the date of his retirement;
(b)if at the date of his death he has ceased to contribute, not later than two years after the date of his retirement,
any pension payable in respect of him shall be computed as if he had died on the day preceding the date of his retirement.
(3)If such a member continues to contribute under subsection (1) of this section and subsequently his wife dies and his children, if any, cease to be of pensionable age or die, he shall cease to contribute.
(4)Where an officer has elected or been compelled to receive a reduced pension and gratuity, in lieu of a pension which he might have received but for such election or compulsion, his pension shall, for the purpose of calculating his contributions under paragraph (a) of subsection (1) of this section, be deemed to be the amount of the unreduced pension which he might have so received.
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Source: Kenya Law