Collections
Related documents
Tanzania
Public Service Retirement Benefits Act
Public Service Retirement Benefits Regulations, 2003
Government Notice 406 of 2003
- Published in Gazette of the United Republic of Tanzania on 19 December 2003
- Assented to on 4 December 2003
- Commenced
- [This is the version of this document as it was from 25 August 2006 to 3 February 2011.]
- [Amended by Public Service Retirement Benefits (Amendment) Regulations, 2006 (Government Notice 111 of 2006) on 25 August 2006]
Part I – Preliminary provisions
1. Citation
2. Interpretation
In these Regulations, unless the context otherwise requires—“Act” means the Public Service Retirement Benefits Act, 1999;“attesting witness” means and includes a Member of Parliament, a Judge or Magistrate, an Advocate, a Regional Commissioner, a District Commissioner, a public servant of or above the executive grade, a consular officer, a kadhi, an employee of the Local Government Service of or above the executive grade, a member or any religious organization, a bank official of or above supervisory grade or a qualified medical practitioner;“beneficiary” means a person receiving a benefit under the Act;“Board” means the Board of Trustees established under section 32 of the Act“claimant” means a person who has applied to the Fund for a benefit under the Act;“document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used or may be used for the purpose of recording that matter;“employee Registration number” means a salary check number of the employee or any other number allocate by the Fund for purposes of identifying the employee;employee or any other number allocated by the Fund for purposes of identifying the employee;"Employer Registration Number" means the vote number of the employer or any other number allocated by the Fund for the purpose of identifying the employer;“Fund” means the Public Service Pension Fund established under section 31 of the Act;“Medical Board” means the Medical Board which may be established pursuant to section 65 of the Act;“member” means an employee who is a member of the Public Service Pensions Fund of the person under the Act;“membership card” means the identity card of a member issued by the Fund bearing employee's registration number;“Minister” means the Minister responsible for finance;“pensionable emoluments” means—(a)in respect of Service in the public service includes salary in terms of the provisions of the Act;(b)in respect of other public Service, means emoluments which count for pension in accordance with the laws or regulations in force in that Service;(c)when used in relation to an officer not holding a pensionable office, means the emoluments enjoyed by him which would have been pensionable emoluments if the office held by him had been a pensionable office;“qualifying pensionable service” means—(a)any period of continuous service rendered by a member since his becoming a member of the scheme and includes periods of absence from duty or leave with not less than half salary; and(b)any period of continuous Service rendered by a member immediately prior to his becoming a member of the scheme during which he was employed by a public service on contract terms or on other than temporary terms, daily paid or casual basis and during which he was governed by any employees' terminal benefits scheme under which the terminal benefit or retirement took the form of payment of a pension, and includes any periods of absence from duty of leave with not less than half salary;“Scheme” means the Public Service Pensions Scheme established under section 4 of the Act;[Act No. 2 of 1999]Part II – Registration
3. Registration by contributing employee and employer
4. Employer to furnish appropriate forms
Every employer shall for the with complete and forward to the Director General the appropriate Registration Form for the names of all his employees registered with the Fund.5. Issuance of membership card
6. Replacement of membership card or employer's change of address
7. Notification on transfer or change or cessation of employment
8. Forms
The forms in the Schedule to these Regulations shall be applicable, and where they are not applicable, forms of a like character with such variations as circumstances may require, shall be used for the purposes of the Act and these Regulations.Part III – Contributions and mode of payment
9. Payment of contributions
10. Mode of payment
All contributions to the Fund, shall be paid to the Fund either—11. Payment of benefits
Part IV – Duty to keep and maintain records
12. Record of employment
13. Report in respect of contributions
14. Records maintained by the employer
Part V – Service and benefits
15. Continuous service
16. Application for benefits
17. Payment during transition period
A member who applies and qualifies for retirement, invalidity or survivors benefit within the transition period shall be paid his benefits in accordance with the Pensions Ordinance.[Cap. 371]18. Notification
A member who is about to retire shall notify the Director General in writing his intention to retire six months before the date of retirement.19. Entitlement
A member shall not be entitled at any time to more than one benefit.20. Evidence to be produced
The Director General may require from the claimant—21. Declaration
The Director General may require any person who has made an application for a benefit to make a statutory declaration as to the truth of any statement of fact made by him in his application or in any evidence.22. Medical examination
The Director General may refer any claimant entitled to invalidity for examination by a Medical Board and may use the report as evidence in deciding the member's claim to the benefit.23. Payment of benefits
The Director General shall pay the amount of any benefit by cheque or any other suitable instrument of payment.24. Delivery by post
25. Payments to disabled persons
25A. Qualification for grant of loan
Part VI – Evidence in claims
26. Evidence supporting application for benefits
Every member who makes a claim for a benefit shall furnish such certificates, documents, information, and any other evidence as the Board may reasonably require in order to establish his identity and his right to the benefit.Part VII – Continuing eligibility, suspensions, termination of benefits and administrative review
27. Verification of continuing eligibility of a beneficiary
In determining whether a benefit continues to be payable to a beneficiary, the Board shall use the following factors, namely—28. Determination of the survivors benefit
In determining whether the benefit is a survivors benefit, the Director General shall require—29. Suspension for failure to comply with request for information
30. Suspension benefits for persons in prison
31. Suspension resulting from uncertain address of residence
32. Administrative review of suspension, etc.
Any aggrieved member shall be entitled to request in writing to the Director General who shall then forward the request to the Board for an administrative review of a suspension, reduction or termination of a benefit.33. Termination of a benefit
Where the Board terminates a benefit, the claimant shall be declared ineligible, and if the claimant is not satisfied by the decision of the Board he can appeal to the Minister for further consideration.34. Grounds for termination
Eligibility for a benefit shall be terminated upon the following rounds, namely—Part VIII – Refund of excess contributions, recovery of over payments and determination
35. Refund of excess contributions
36. Recovery from a living beneficiary from overpayment
Where the beneficiary who has been overpaid is entitled to a monthly pension at the time of determination of the payment, the Director General shall not pay any monthly benefit to that beneficiary until the amount of the overpayment has been refunded.37. Recovery from a beneficiary a beneficiary who dies before adjustment
Where a member who has received overpayment is at fault and dies before full recovery of the overpayment, the Director General shall not pay any monthly benefit to any survivors on his earnings record until the amount of the over payment has been refunded or adjusted accordingly.38. Recovery from a living beneficiary who is not at fault
Where the beneficiary is not at fault and where the Board determines that withholding the full amount of the monthly entitlement would deprive the beneficiary of income required for ordinary and necessary living expenses, the Board may effect the adjustment by withholding not less than five percent of the monthly benefit payable to the individual until the amount of the overpayment is paid.39. Waiver of recovery
The Board may waive recovery of an overpayment where—Part IX – Records
40. Director general to keep records of contributions
The Director General shall keep record of all contributions—41. Access to records
42. Statement of account
The Director General shall provide to any member who requests a record of his contributions to the Fund.43. Request of record
A member requesting to review a record of payment shall—44. Correction of records
45. Auditing of accounts
46. Signing of forms and documents
Where any form or document relating to the Fund is required to be signed by a member, it shall—47. Incomplete in accurate documents
Part X – Miscellaneous provisions
48. Duty of employees
Every employee shall furnish to his employer all information and produce any document necessary for the completion of any form or information as prescribed by these Regulations and required to be made by his employer.49. Notification of requirements to beneficiary
At the time of making payment of a benefit, the Director General shall notify the beneficiary, the claimant or the member—50. Medical Board
A claim to invalidity benefit shall be referred to a Medical Board to be appointed in close consultation with the Ministry of Health to determine, in the prescribed manner, whether the claimant is suffering from permanent invalidity.51. Offences
Any person who knowingly makes any false statement or representation or produces or furnishes or causes to be produced or furnished any document or information which is false in a material particular commits an offence and is liable upon conviction to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding two years or both.52. Revocation
The Pensions Gratuities and Other Allowances Regulations, 1957 are hereby revoked.[GN. No. 9 of 1957]History of this document
04 February 2011 amendment not yet applied
25 August 2006 this version
19 December 2003
04 December 2003
Assented to
Cited documents 0
Documents citing this one 2
Finding aid 1
1. | The Subsidiary Legislation of Tanzania Index - Vol. 2: 1998 - 2007 |
Gazette 1
1. | Tanzania Government Gazette dated 2003-12-19 number 51 |