ADVOKS GLOBAL · KENYA
Public Service Superannuation Scheme Act
2. Interpretation
Edition: 2022-12-31 · In force
2. Interpretation
In this Act, unless the context otherwise requires—"accrued interest" means the income or capital appreciation or depreciation, less any applicable tax, that is credited to a member’s retirement savings account;"actuary" has the meaning assigned to it in section 2 of the Retirement Benefits Act (Cap. 197);"Administrator" means a body corporate or a person appointed by the Board as such under section 35;"benefit" means pensions, gratuities and pensions paid to the dependants of a deceased member and any other payments made to members or their dependants under this Act;"Board" means the Board of Trustees of the Scheme established under section 10;"Bond" deleted by Act No. 14 of 2015, s. 52;"Chief Executive Officer" means the Chief Executive Officer of the Board appointed under section 20;"child" means any child of a deceased member who is under 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:Provided that this category of dependants shall—(a)be closed at the death of the member; and(b)includes an unborn child who, if already born, would have been a child of the deceased;"contribution" means the amount payable by a member and by the Government into the Scheme;"Custodian" means a custodian registered under the Retirement Benefits Act (Cap. 197) appointed by the Board under section 37;"dependant", in relation to a deceased member, means any 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 wholly or substantially dependent on the deceased for the provision of the ordinary necessities of life suitable for a person of his station;"disciplined services" means the National Police Service, the Prisons Service and the National Youth Service;"financial year" means the period of twelve months ending on the 30th June, in each year;"Fund" means the Public Service Superannuation Fund established under section 9;"Government" means the National Government;"gratuity" means a commuted pension payable under section 28(1);"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 manager registered under the Retirement Benefits Act (Cap. 197) appointed by the Board under section 36;"member" means a person who is a member of the Scheme under section 5;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to finance;"National Police Service Commission" means the National Police Service Commission established under Article 246 of the Constitution;"notional interest" means the interest accrued on any amount recognized as payable by the employer but which will only become due and payable on the retirement of a member;"pensionable emoluments" means the annual basic salary as determined by the Government and does not include allowances or any special remuneration, honorarium or other fluctuating emoluments received by the member;"pensioner" means a member who has retired from the service of the employer;"public service" means employment in the service of the Government—(a)by the Public Service Commission;(b)by the Teachers Service Commission as a teacher; or(c)by the National Police Service Commission; or(d)by any other service that the Cabinet Secretary determines to be public service for the purposes of this Act;and includes service in any of the offices referred to in Articles 154, 155 and 234(3)(b) of the Constitution;"Public Service Commission" means the Public Service Commission established under Article 233 of the Constitution;"Retirement Benefits Authority" means the Authority by that name established under section 3 of the Retirement Benefits Act (Cap. 197);"retirement savings account" means an account set up and maintained by the Administrator under section 24;"Scheme" means the Contributory Public Service Superannuation Scheme established by section 3;"spouse" means a female or male person to whom a member is married or was married immediately before his death under any law, whether monogamous or not;"Teachers Service Commission" means the Teachers Service Commission established under Article 237 of the Constitution;"transfer of service" means the conferment, whether permanently or otherwise, of an office in the public service, other than that to which the person concerned was last substantively appointed, whether or not on promotion:Provided that the posting of a public officer between duty posts in the same grade in the Government or on secondment to a county government shall not be regarded for this purpose as a transfer of service;"Trustee" means a member of the Board of Trustees established under section 10.