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National Social Security Fund Act

38. Invalidity pension

Edition: 2022-12-31 · In force

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38. Invalidity pension

(1)A member shall be entitled to invalidity pension if—
(a)he suffers such physical or mental disability of a permanent total incapacity as certified by a medical board established pursuant to this section; and
(b)had made not less than 36 monthly contributions immediately preceding the date of the invalidity.
(2)The invalidity status determined under subsection (1) shall be subject to review at such intervals as the Board may determine.
(3)The rate of invalidity pension shall be determined and payable in the same manner as the retirement pension provided under section 36 except that the Tier ICredit in respect of the member shall be increased by an amount equal to the last Tier I monthly contribution by the member multiplied by the lower of half the number of months of potential employment between the member’s date of invalidity and attainment of pension age and ninety months.
(4)A member who would have qualified for an invalidity pension but for the requirements of paragraph (b) of subsection (1) of this section shall be entitled only to the payment of a lump sum benefit equal to the member’s Pension Fund Credit.
(5)The Board shall appoint medical boards for the purposes of examining persons who have claims to benefits under this section and may—
(a)require any person who has a claim to any benefit under this section to submit to an examination by a medical board;
(b)prescribe the procedure for medical boards, guidelines to be followed and reports to be prepared.
(6)A Medical Board appointed under subsection (5) may, examine or enquire into any matter relating to claims of any benefits under this Act.
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Source: Kenya Law