Chapter 16:02

Pensions (Increases And Adjustments) Act

Acts 38/1968, 52/1969, 22/1971 (s. 45), 31/1971, 3/1972, 21/1972, 4/1974 (ss. 25-27), 24/1975 (s. 10).

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

1. Short title.

PART II

INCREASEOF PENSIONS FROM 1ST JULY, 1968 2. Pensions to be increased.

PART III

INCREASEOF PENSIONS FROM 1ST JULY, 1969

3. Pensions to be increased.
4. Increase of certain widows’ pensions.

PART IV

INCREASEOF PENSIONS FROM 1ST JULY, 1971

5. Interpretation of term in Part IV.
6. Pensions to be increased.
7. Increase of widows’ pensions.
8. Children’s pensions to be payable until child is 19 years.

PART V

INCREASE OFPENSIONS AND ADDITIONAL BENEFITS FROM1ST JULY, 1972

9. Additional benefits for dependants of pensioner.
10. Increase in pensions payable to certain former judges and their widows.
11. Widow’s pension not to cease on re-marriage of widow.
12. Increase of pensions.

FIRST SCHEDULE: Legislation in Respect of Which Pension Payable as at 1st July, 1968.

SECOND SCHEDULE: Legislation in Respect of Which Pension Payable as at 1st July, 1969. THIRD SCHEDULE: Legislation in Respect of Which Pension Payable as at 1st July, 1971.

AN ACT to provide for an increase in certain pensions and allowances payable by the State; to provide that certain children’s pensions or allowances shall be payable until the children attain the age of nineteen years or marry, whichever is the earlier; to provide for the payment of an additional benefit to the widows or children of deceased pensioners; to provide for an increase in the pensions payable to former judges of the High Court or Water Court or the widows of such former judges; and to provide for matters connected with or incidental to the foregoing.

[Date of commencement: 11th October, 1968.]

PART I

PRELIMINARY

                       1    Short title

This Act may be cited as the Pensions (Increases and Adjustments) Act [Chapter 16:02].

PART II

INCREASEOF PENSIONS FROM 1ST JULY, 1968

                       2    Pensions to be increased

• Subject to this section, any pension, including a widow’s or children’s pension or allowance, which was payable by the State immediately before the 1st July, 1968, in terms of any legislation specified in the First Schedule or any legislation repealed by such legislation shall, notwithstanding anything to the contrary contained in that legislation, be increased with effect from the 1st July, 1968, by five per centum.
• Where a pension referred to in subsection (1) is payable in respect of an illness or injury which— (a) arose out of or in the course of the employment of the person concerned by the State; and

(b) had not in terms of the appropriate legislation referred to in subsection (1) reached a final and stationary condition before the 1st July, 1968; the increase in terms of subsection (1) shall be calculated in relation to the rate of pension payable from time to time depending on the degree of disablement of the person concerned:

Provided that no pension shall be increased by virtue of this subsection unless it is being paid on the 1st April, 1974.

• Where a pension referred to in subsection (1), which is increased in terms of this section by five per centum, ceases to be payable to or in respect of the person concerned, any widow’s or children’s pension which thereafter becomes payable shall be calculated as though the legislation in terms of which that pension becomes payable had provided for the five per centum
• Where a pension referred to in subsection (1) has been temporarily commuted for a period expiring not later than five years after the date the pension first became payable and the pension is restored to its full amount on or after the 1st July, 1968, the increase in terms of subsection (1) shall apply to the full amount of the pension with effect from the expiration of the period for which it was temporarily commuted.
• Subsection (1) shall not apply in relation to—
• any pension payable under the Public Services Act [90 of 1963] to a person who—
  • was an officer as defined in the Public Services Act [90 of 1963] and had been transferred from the former Federal Public Service to the Public Service of Rhodesia on provisional transfer, and
  • had retired from the Public Service on termination of his provisional transfer in terms of the

Public Services (Federal Public Service Transfers on Dissolution) Regulations, 1964;

• any amount payable by the State to the Central African Pension Fund in terms of paragraph 36 (2) of Schedule II to the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963, of the United Kingdom.

PART III

INCREASEOF PENSIONS FROM 1ST JULY, 1969

                       3    Pensions to be increased

(1) Subject to this section, any pension, including a widow’s or children’s pension or allowance, referred to in subsection (1) of section two which was—

• increased with effect from the 1st July, 1968, by five per centum in terms of section two; and
• payable by the State immediately before the 1st July, 1969; shall be increased with effect from the 1st July, 1969, by an amount equal to that by which it was increased in terms of section two: Provided that—
• this subsection shall not apply in relation to a pension referred to in this subsection which is payable to or in respect of a person—
  • who was employed otherwise than in the Defence Forces of Rhodesia or the British South Africa Police; and
  • whose services with the State were terminated on or after the 1st January, 1968, and before the 1st July, 1968;
• if the recipient of a pension referred to in this subsection has commuted, with effect from a date on or after the 1st July, 1968, and before the 1st July, 1969, any portion of the pension which was payable to him, the amount by which his pension shall be increased in terms of this subsection shall be five per centum of his pension after such commutation and without including any increase in terms of section two.

(2) Subject to this section, any pension, including a widow’s or children’s pension or allowance, which was payable by the State immediately before the 1st July, 1969, in terms of any legislation specified in the Second Schedule to or in respect of a person whose services with the State terminated on or after the 1st July, 1968, and before the 1st January, 1969, shall, notwithstanding anything to the contrary contained in that legislation, be increased with effect from the 1st July, 1969, by five per centum:

Provided that this subsection shall not apply in relation to a pension payable under the Public Services Act [90 of 1963] to a person who—

• was an officer as defined in the Public Services Act [90 of 1963] and had been transferred from the former Federal Public Service to the Public Service of Rhodesia on provisional transfer; and
• had retired from the Public Service on termination of his provisional transfer in terms of the Public Services (Federal Public Service Transfers on Dissolution) Regulations, 1964.

(3) Where a pension referred to in subsection (1) or (2), as the case may be, is payable in respect of an illness or injury which—

• arose out of or in the course of the employment of the person concerned by the State; and
• had not in terms of the appropriate legislation referred to in subsection (1) or (2) reached a final and stationary condition before the 1st July, 1969; the increase in terms of subsection (1) or (2), as the case may be, shall be calculated in relation to the rate of pension payable from time to time depending on the degree of disablement of the person concerned:

Provided that no pension shall be increased by virtue of the provisions of this subsection unless it is being paid on the 1st April, 1974.