ADVOKS GLOBAL · KENYA
County Governments Retirement Scheme Act
2. Interpretation
Edition: 2022-12-31 · In force
2. Interpretation
In this Act, unless the context otherwise requires—"actuary" has the meaning assigned thereto in the Retirement Benefits Act (Cap. 197)."administrator" means the person appointed as such under section 23;"annuity" means a pension purchased under a contract with a registered insurer;"approved issuer" means an approved issuer appointed by the Trustee to provide the services of approved issuer in accordance with the Retirement Benefits Act (Cap. 197);"associated organization" means any person, firm, company or organization of employees or association of employers created by, owned by or associated with county governments, urban areas and cities or any other institution, established under the County Governments Act (Cap. 265), the Urban Areas and Cities Act (Cap. 275), or their staff or any other person or body providing services to county governments or to their employees and includes those organizations whether associated with county governments or not that choose to participate in the Scheme by signing a deed of adherence;"Authority" means the Retirement Benefits Authority established under the Retirement Benefits Act (Cap. 197);"Board" means the Board of Trustees established under section 6;"Cabinet Secretary" means the Cabinet Secretary responsible for the National Treasury;"child" means any child of a deceased member including a natural child, an adopted child or a step-child who has not attained eighteen years of age or, if the child is receiving full time education, not more than twenty-five years of age and was at the time of the death of the deceased wholly or mainly dependent on the deceased, and includes an unborn child who, if already born, would have been a child of the deceased;"commencement date" means the date of coming into force of this Act;"contribution" means the amount payable by a member or sponsor into the Scheme under this Act;"county public service" means the collectivity of individuals performing a function within a county government;"custodian" means a person appointed as such under section 22 of the Act;"deed of adherence" means the legal instrument to be executed by the employer who joins the Scheme after the commencement date of the Scheme and which shall bind that employer to the Scheme's rules;"dependant" in relation to a deceased member, means a relative of the deceased who survives the deceased and who, on the date of the deceased's death, was—(a)a spouse to the deceased;(b)a child of the deceased; or(c)a parent of the deceased who was dependent on the deceased for the provision of the ordinary necessities of life;"early retirement age" means such age as may be prescribed but which shall not be less than fifty years;"eligible employee" means an employee of the county public service or an employee of an associated organization or body, as may be approved by the Board and which has signed a deed of adherence in accordance with this Act;"employer" means a county government or any of its entities, a state organ or associated organization, as may be approved by the Board and which has signed a deed of adherence in accordance with this Act;"existing scheme" means the Local Authorities Provident Fund, the Local Authorities Pension Trust, the Local Authorities Pension Trust (Defined Benefits) Scheme and the Local Authorities Pension Trust (Umbrella) Retirement Fund;"Fund" means the County Governments Retirement Scheme Fund established under section 37;"fund manager" means a person appointed as such under section 21;"income drawdown" means the facility to continue to keep retirement savings invested in the scheme and take an income during a specified period rather than buy an annuity;"insured benefit" means the death in service lump sum benefit and the disability lump sum benefit to be provided in terms of section 24;"investment return" means a portion of the return of the investment declared by the Board and appropriated to the account of a member;"member" means an eligible employee who has become a member of the Scheme and includes a person entitled to or receiving a benefit under the Scheme;"member account" means an account maintained by the Scheme for an individual member;"membership" means the fact of having been admitted as a member of the Scheme and a member's period of membership shall for the purposes of determining the member's entitlement to access his benefits upon resignation or termination of service be deemed to include his period of membership of other registered retirement benefits schemes in respect of which benefits have been transferred into the Scheme;"normal retirement age" means the age as set by the Public Service Commission or any other Act of Parliament for retirement of public officers;"pensionable emoluments" means basic salary excluding housing, transport and any other allowances or fluctuating emoluments;"public officer" has the meaning assigned thereto in Article 260 of the Constitution;"Public Service" has the meaning assigned thereto in Article 260 of the Constitution;"Scheme" means the County Governments Retirement Scheme established under section 4;"sponsor" means an employer or any other body who makes contributions on behalf of a member;"spouse" means a male or female person to whom a member is married or was married under any other law, whether monogamous or not immediately before their death; and"Trustee" means a member of the Board.