Judges’ Retirement Benefits Act
2. Interpretation
2. Interpretation
In this Act, unless the context otherwise requires—“accrued interest” means the income or capital appreciation or depreciation, less any applicable tax and costs of administration credited to a member’s retirement savings account;“administrator” means a body corporate or a person registered under the Retirement Benefits Act (Cap. 197), and appointed by the Board under section 56;“annual general meeting” means an annual general meeting convened in accordance with section 64;“benefit” means a pension, additional benefit under Part II, Part III and Part IV or any other payment made to the dependent of a deceased judge;“Board” means the Board of Trustees of the Fund established under section 29;“Cabinet Secretary” means the Cabinet Secretary in the Ministry for the time being responsible for matters relating to finance;“eligible child” includes a biological child, a stepchild or an adopted child who—(a)has not attained the age of eighteen years;(b)has attained the age of eighteen years but is under the age of twenty-five years and is undertaking full-time education; or(c)was, at the time of death of the judge or retired judge, wholly or mainly dependent on the deceased judge or retired judge and was, at that time and has at all times since, been either—(i)a person falling under paragraph (a) or (b); or(ii)is incapable and likely to remain permanently incapable, by reason of bodily or mental infirmity, of earning a living and is not, for the time being, maintained out of money provided by the government in a hospital or a similar institution;“contribution” means the amount payable by a member or by the Government into the Fund;“custodian” means a person registered under the Retirement Benefits Act (Cap. 197), as such and appointed by the Board under section 58;“dependant”, in relation to a deceased member, means any relative who survives the deceased member and who, on the date of the deceased’s death, was—(a)a spouse of the deceased;(b)a child of the deceased; or(c)a parent of the deceased who was wholly or substantially dependent on the deceased;“financial year” means the period of twelve months ending on the 30th June in each year;“Fund” means the Judges’ Retirement Benefits Fund established under section 25;“Government” means the National Government;“judge” means a person appointed as such under the Constitution;“life insurance company” means any company registered by the Insurance Regulatory Authority under the Insurance Act (Cap. 487) to carry out the business of providing life insurance;“manager” means a person registered as such under the Retirement Benefits Act (Cap. 197), and appointed by the Board under section 57;“parent” means a father or mother, and includes a step parent and a parent by adoption in any manner recognized under the laws of Kenya;“pensionable emoluments” means the basic salary and house allowance payable to a judge;“pensionable service” means service in a public office;“prior public service” means prior service in a public office;“public office” means an office in the national government, a county government or the public service, if the remuneration and benefits of the office are payable directly from the Consolidated Fund or directly out of the money provided by Parliament;“retired judge” means a person who has been a judge and is or has been in receipt of a pension under this Act and a judge who retired in terms of Article 167 of the Constitution on or after the 27th August, 2010;“retirement age” means the retirement age of a judge under the Constitution;“retirement savings account” means an account set up and maintained by the administrator under section 42;“spouse” means a husband or a wife of a judge married under a system of law recognised in Kenya; and“trustee” means a member of the Board of Trustees established under section 29.Source: Kenya Law