38
THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999 ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS Section Title 1. Short title Commencement 2. 3. Application. 4. Interpretation. I PART II PROVISIONS GOVERNING GRANT OF BENEFITS entitlement 5. of Scope to the benefits 6. Benefits payable as of right Conditions regarding leave without Salary. Benefits 7. 8. to be out of charged Consolidated Fund. PART I I I GRANT OF BENEFITS TO FORMER PRESIDENT AND FORMER VICE-PRESIDENT (i) Benefits to former President Benefits to be granted to former 9. President 10 Grant of gratuity to dependants of former President 1

THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

  • Upload
    others

  • View
    0

  • Download
    0

Embed Size (px)

Citation preview

Page 1: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

THE POLITICAL SERVICE RETIREMENTBENEFITS ACT, 1999

ARRANGEMENT OF SECTIONS

PART IPRELIMINARY PROVISIONS

Section Title

1. Short titleCommencement2.

3. Application.4. Interpretation.I

PART IIPROVISIONS GOVERNING GRANT

OF BENEFITSentitlement5. ofScope to the

benefits6. Benefits payable as of right

Conditions regarding leave withoutSalary.Benefits

7.

8. to be out ofchargedConsolidated Fund.

PART I I IGRANT OF BENEFITS TO FORMER PRESIDENT

AND FORMER VICE-PRESIDENT(i) Benefits to former President

Benefits to be granted to former9.President

10 Grant of gratuity to dependants offormer President

1

Page 2: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999Political Service Retirement Benefits2 No. 3

11 widows orPension for widow,widower of former PresidentBenefits to former Vice-PresidentBenefits to be granted to former

(11 )

12Vice-PresidentGrant of gratuity to dependants offormer Vice-President

13

PART IVBENEFITS CONFERRED TO FORMER PRIME

MINISTER, FORMER MINISTER AND FORMERDEPUTY MINISTER

Benefits to former Prime Minister(i)14 Benefits to be granted to former

Prime Minister.Grant of gratuity to dependants of15former Prime Minister.

(ii) Benefits to former Minister andformer Deputy minister

16 Payment of pension and gratuity toformerMinister.Payment

Minister and Deputy

17 of etcpension, todependants of former Minister andDeputy Minister.

Page 3: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999 3Political Service Retirement BenefitsNo. 3

PART VBENEFITS CONFERRED TO FORMER SPEAKER

AND FORMER MEMBER OF PARLIAMENTBenefits to former Speaker(i)

18 Benefits to former Speaker.19 Grant of gratuity to dependants of

former Speaker.Benefits to former Deputy Speaker(ii)Benefits to former Deputy Speaker.Benefits to former Member of

20(iii)

ParliamentofmemberformertoBenefits21

Parliament22 Grant of etc topension,

Memberdependants of former ofParliament

PART VIBENEFITS CONFERRED TO FORMER REGIONALCOMMISSIONER OR DISTRICT COMMISSIONER

23 Benefits to be granted to RegionalCommissioner or DistrictCommissioner

24 Review of benefits and exemptionfrom income tax.Repeal and Savings25

PART VIIAMENDMENT OF THE SPECIFIED STATE LEADERS'

RETIREMENT BENEFITS ACT, 198626. Construction.

27. Amendment of sections 13, 16 and 18.

Page 4: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999Political Service Retirement Benefits4 No. 3

PART VIIIAMENDMENT OF THE POLITICAL LEADERS''

PENSIONS ACT, 1981

28. Construction.29. Amendment of Sections 9 and 19.

Page 5: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

No. 3 Political Service Retirement Benefits 1999 5

THE UNITED REPUBLIC OF TANZANIA

No. 3 OF 1999

An Act to provide for the granting of benefits and services toleaders upon cessation of service in a political office.

I I

ENACTED ) by the Parliament of the United Republic of Tanzania.

PART IPRELIMINARY PROVISIONS

Short title1 . This Act maybe cited as thePolitical ServiceRetirement Benefits Act,1999

(1) CommencementSubject to2.-subsection (2) , this Act

intocomeshalloperation on the 1st day

2000of November,

Page 6: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999Political Service Retirement Benefits6 No. 3

(2) Part III sections 14, 15, 18,19, 20 and Part VII of this Act shallcome into operation on the dateof publication of this Act in theGazette

Application 3. This Act shall apply to lead-ers, other than those to whom the pro-visions referred to in subsection (2) ofsection 2 relate, who assume or retirefrom office on or after the I st day ofNovember, 2000.

4.Interpretation In this Act,unless the contextrequires otherwise-''appointing nominating

o r electoralauthority'' meansthe' President andthe NationalE 1 e c t o r a 1Commission,

''appropriate authority''in relation to anyprovision of this

means aAct,declaredpersonsectionsunder

6 (3) ,''benefits'' m e a n s

Page 7: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

No. 3 Political Service Retirement Benefits 1999 7

pension, gratuity,w 1 n d i n g u pallowance or anyo t h e r a w a r dgranted under theprovisions of thisAct''Constitution means the

Constitution oft h e U n 1 t e dR e p u b 1i cTanzania

o f1 1977,

dependant" in relationt o a deceasedleader means-(a) where the

d e c e a s e dleader was a

hismale,widow r--) -r-w h e r eimmediatelypreceding hisdeath he wasmarried totwo or morewives, hiswidows,

(b) where thed e c e a s e d

Page 8: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

Political Service Retirement Benefits 19998 No. 3leader was a

herfemale,husband;

(c) every childo f t h ed e c e a s e dleader whowas wholly orsubstantiallydependentupon t h ed e c e a s e d1 e a d e r I sincome forh s1

1 1 v e 1 1 h o o dimmediatelypreceding thedeath of thed e c e a s e d

. of f icer,(d) the immediatEJ

parents ofthe deceased

wholeader,satisfies thePermanentSecretary tothe Treasurythat they

Page 9: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

Political Service Retirement BenefitsNo. 3 1999 9

were orwhollysubstantiallydependentupon t h ed e c e a s e d1 e a d e r I sincome fort h eir

1 1 v e 1 i h o o dimmediatelypreceding thedeath of thed e c e a s e dleader;

''former President'' meansa person who hasheld the office ofthe President oft h e U n 1 t e dRepublic, but hasceased to holdthat of f ice andthe expressions''former V 1 c eP r e s i d e n t 11 ,

''former Prime''formerMinister'',

Minister'' and''former DeputyMinister'' shall be

Page 10: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999Political Service Retirement Benefits10 No. 3c o n s t r u e daccordingly;

''former Speaker'' meansa person who hasheld the office ofthe Speaker of theNational Assemblybut has ceased tohold that officeand the expression''former Deputy.

a n dSpeaker''former Member ofParliament'' shall

construedbeaccordingly;

"gratuity" meanspayment granted to

uponleaderao fcessation

service,''leader'' means a person

who serves or hasserved in officeas the President,Vice President,

minister,PrimeDeputyminister,

SpeakerMinister,Nationalof the

DeputyAssembly,

Page 11: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999 11Political Service Retirement BenefitsNo. 3

Speaker, a MemberParliament,of

R e g 1 c, n a 1CommissionerD 1 s t r 1 c t

or

Commissioner,''repealed Acts'' Acts Nosmeans

1.4 of 1981the PoliticalandLeaders Pensions2 of 1986Act, 1981 and the

Specified StateLeaders RetirementBenefits Act,

''salary''1986,;

means thebasic salary of aleader excluding

allowancebonus,of any kind or anyother additionalemoluments of anykind;

''survivor'' means awidowswidow, or

widower thedeceased leader.

Page 12: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999Political Service Retirement Benefits12 No. 3

PART IIPROVISIONS GOVERNING GRANT OF BENEFITS

5.- (1)Scope of A personentitlement shall be entitled to a

grant of benefit underthis

to thebenefits Act theupon

occurrence of any of thefollowing events-

completion ofa term ofservice in anof f ice towhich he wase 1 e c t e d ,nominated orappointed;

(b) u np 0

cessation ofservice inpursuance tot h eprovisions oft h eConstitutiono r t h eprovisions ofany other law

o r d e ro rissued underany writtenlaw;

upon

Page 13: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999 13Political Service Retirement BenefitsNo. 3

(c) u p o nofabolition

the office towhich he wase l e c t e d ,

ornominatedappointed;

ofexistence(d)m e d 1 c a 1

toevidenceeht

satisfactiont h eo f

electoral,nominating orappointingauthority

isthat hebyincapable

reason of anyinfirmity of

mind of body of

dischargingthe duties ofthe office towhich he wase 1 e c t e d ,nominated orappointed;

(e) deathuponwhile serving

Page 14: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999Political Service Retirement Benefits14 No. 3

in a political officebefore completion ofa term of service inwhich benefit shall begranted to depe-ndants of survivors.

(2) Where,immediately before he

nominatedwas elected,or as theappointedcase may thebe,

V i c ePresident,PrimePresident,

Minister and Speaker ofthe National Assembly,

onwho was employedpensionable terms orhis wasemployment

anbygovernedemployers, terminalbenefits scheme or an a t i o n a 1 s o c 1 a 1

scheme undersecuritywhich the benefits onretirement from serviceor from the scheme took

Page 15: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

Political Service Retirement Benefits 1999 15No. 3

the form of payment ofa pension, the right ofthat person to receiveterminal benefits under

shallschemethatand he shall becease,

onlyentitled tobenefits granted underthis Act. Benefits6.- (1) Subject to

payable assubsection (2), thebenefits of right.which aregranted under this Part,are a right conferredupon the holders of theof f ice concerned underthe Constitution and noperson or authoritywithin the United

reduceRepublic may I

withhold or freeze suchbenefits, except withthe prior authorizationof the National Assemblysignified Actby ofParliament.

(2) A personshall not be entitledto benefits under thisAct if he ceases tohold office as a leader

Page 16: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999Political Service Retirement Benefits16 No. 3

circumstancesin theinforprovided

46A(11) ,Articlesor57 (2) (g)50(5),

theof7 1 ( 1) (d)of theConstitution

ofRepublicUnitedTanzania, 1977

(3) The expression"a p p r o p r 1 a t eauthority"-

for the purpose of(a)sections 9(1) and9(2), (c), (d), (e), (f),(g) , (h), (i), 0), (k),(1), (m), (n), and (3),sections 10, 11,12(l)12(2) (c), (d), (e), (f),(g), (h), (i), and 6),(i) and 0), sectionsand subsections (3),and (4), sections 13,14(l),14(2) (c), (d),(e) (f), (g), (h),(i), and 0), sections15, 16, 17, 18 (1)(a), (b), (c), (d), (e),(g) and (h) andsections 19, 20,21,22, 23, 25 and 27means the PermanentSecretary to theTreasury

Page 17: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999 17Political Service Retirement BenefitsNo. 3

for the purpose of sec-(b)tions 9(2) (a), (b), (q),and subsection (3),section 12 (k), section14 (2) (;a) and (b), and(k) and subsections (3)and (4) section 18 (1)(f) means the Perma-nent Secretary to theMinistry responsiblefor Civil Service.

Condi- 7. -(I) Where immediately beforea leader other than the former Presi-dent, the former Vice-Presiderit, theformer Prime Minister or the formerSpeaker was elected, nominated orappointed to become a leader, was apublic officer employed on pension-able terms or his employment was govern-emed by an employees terminal ben-efits scheme under which the terminalbenefits on retirement took the formof payment of a pension, that leadershall be deemed to be on leave with-out salary from his former employerbut the period during which he servedas a leader shall be taken into acountfor the purposes of computing anypension or gratuity, he may be grantedunder the pension laws or regulationsgoverning his employment as a publicofficer.

tionsregard-ing leavewithoutSalary

Page 18: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999Political Service Retirement Benefits18 No. 3

(2) Where a leader other than theformer President, the former VicePresident the former Prime Ministeror the former Speaker who prior tobecome a leader was a public officerand who, upon ceasing to become aleader has not attained the age of com-pulsory retirement, does not retirefrom service under his former em-ployer, his pension or gratuity shall becalculated with reference to the pro-visions of the laws or regulationswhich governed his employment assuch public officer.

Benefits 8. There shall beto be charged on and paid out

of the Consolidated Fundthe sums of moneys whichmay be granted by way ofbenefits

charged outof Consoli-dated Fund

under theprovisions of this ActPART III

GRANT OF BENEFITS TO FORMER PRESIDENTAND FORMER VICE PRESIDENT

Benefits to former President(i)Benefits 9.-(1) A leader

who held the of f ice ofthe President of theUnited Republic shall,

to begrantedto formerPresident upon ceasing to hold

be granted-of f ice,

Page 19: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999 19Political Service Retirement BenefitsNo. 3

(a) an annual pensiongranted monthly of

a sum equal to eightyper cent of thesalary of the1 n c u m b e n tPresident,

(b) a gratuity of thesum equal to fifty percent of thetotal sum received by him assalaries when he was m office;

(c) a winding upallowance of thesum equal to theamount that wouldbe received assalary in twentyfour months by the1 n c u m b e n tPresident

( 2 ) Theappropriate authorityshall arrange andprovide to the formerPresident upon ceasingto hold office-

Page 20: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

20 No. 3 1999Political Service Retirement Benefits

(a) d i p 1 o m a t i cpassport forhim and forhis spouse,

(b) a h e a 1 t hinsurancepolicy thatc o v e r sm e d i c a 1treatmentwithin theU n i t e dRepublic;the service of two mo-tor vehicles to beprovided by the Go-

(C)

vernment;(d) a furnished house

containing not lessfourthan bed

rooms of which tworooms shall be selfcontained and shallcontain-

a furnished offi-(i)ce;

(ii) a servant quar-ter;

(e) a monthly maintenanceallowance of the sumequal to eightypercent of thesalary granted to the in-cumbent president;

Page 21: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999 21Political Service Retirement BenefitsNo. 3

all necessary security(f)and other protectionservices to him and hisimmediate family

one personal assistant;(g)

one personal secretary;h)

(i) one office attendant;

j) one cook;

one laundry man;(k)

(1) one domestic servant,

one gardener;(M)

(n) two drivers;

use of VIP lounge.(0)

(3) If the formerPresident is requestedby the Government to

outsidetravel. theUnited Republic, theappropriate authorityshall meet all FirstC 1 a s s traveling which

shallexpenses

also cover expenses forI

the spouse and twoassistants

Page 22: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999Political Service Retirement Benefits22 No. 3

10. WhereGrant of thegratuity to President dies in of f ice

or if he dies afterceasing to hold of f ice

dependantsof former

but before benefits arePresidentthegranted to him,

authorityappropriatehisgrant toshall

dependants gratuitywhich shall be equal tothe total sum receivedby him as salaries whenhe was in office

When a former11.Pension forPresident dies his Widowshall be granted by anappropriate authority anannual pension payablemonthly of the sum equal

widow orwidowerof formerPresident

to twenty per cent ofthethe salary of

incumbent PresidentBenefits to former Vice-President(ii)

Benefits to A leader12.- (1)who held the office ofbe granted

Vice-President ofRepublic

theto formerVice- Unitedthe

upon ceasing toPresident shall,hold of f ice, be granted-

Page 23: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999 23Political Service Retirement Benefit?No. 3an annual(a)p e n s i o n

g r a n t e dmonthly of asum equal toeighty percent of thesalary of theincumbentV c e.

1 -President,

(b) a gratuity of the sumequal to My percent ofthe total sum receivedby him as salarieswhen he was in office;

a winding up(c)allowance ofthe sum equalto the amountthat would bereceived assalary i ntwenty f ourmonths by theincumbentvicePresident.

Page 24: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

Political Service Retirement Benefits24 No. 3 1999

(2) Theappropriate authorityshall arrange toprovide to the formerVice-President, uponceasing to hold office-

(a) a diplomaticpassport forhim and forhis spouse;

(b) a h e a 1 t hinsurancepolicy thatc o v e r sm e d i c a 1treatmentwithin theU n i t e dRepublic;

the service of one mo-tor vehicle to be pro-vided by the Govern-

(C)

ment;

(d) a monthly maintenanceallowance of the sumequal to eighty percentof the salary payable tothe incumbent vice-president.

(e) one-personal assistant;

one cook-,(f)

Page 25: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999 25No, 3 Political Service Retirement Benefits-

one laundry man;(9)

one domestic servant;(h)

(i) one gardener;

(j) one driver;

use of VIP lounge.(k)

(3) All necessarysecurity otherandprotection services to,

immediatehim and hisfamily.

(4) If the formerVice-President i srequested by theGovernment to travel

theoutside UnitedR e p u b 1 i c t h e

authorityappropriateshall meet all FirstC 1 a s s traveling

which shallexpensesalso cover expenses forhis spouse oneandassistant.

Page 26: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

26 N0. 3 Political Service Retirement Benefits 1999-

Where the13.Grant ofVice-President dies ingratuity tooffice or if he diesdependants

to holdafter ceasingof formerVice- of f ice but beforePresident benefits are granted to

the appropriatehim,authority shall grant tohis dependants gratuity

b eshallwhichcalculated on the basisof the period he servedin of f ice.

PART IVBENEFITS CONFERRED TO FORMER

PRIME MINISTER, FORMER MINISTERAND FORMER DEPUTY MINISTER

(i) Benefits to former Prime Minister

Benef it-s (1)14.- A leaderto be who held the of f ice ofgranted to Prime Minister of

Unitedthe

former Prime the RepublicMinister shall, upon ceasing to

hold Office, be granted-annual(a) an

p e n s i o np a y a b 1 e

ofmonthly

Page 27: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

-I

Political Service Retirement Benefits 1999 27No. 3

the sum equalto eighty percent of thesalary of theincumbentP rimeMinister;

(b) a gratuity of the sumequal to fifty percent ofthe total sums of mo-ney received by him assalaries when he was inoffice;

(c) a winding upallowance ofthe sum equalto the amountthat would bereceived assalary intwenty f ourmonths by theincumbentP r imeMinister.

T h e( 2 )authorityappropriate

andarrangeshallformerto theprovideuponminister,Prime

ceasing to hold office-

Page 28: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

2 8 No. 3 1999Political Service Retirement Benefits

(a) a. diplomaticpassport forhim and forhis spouse,

(b) a h e a 1 t hinsurancepolicy thatC 0 v e r sm e d i c a 1treatmentwithin theU n 1 t e dRepublic;

the service of one mo-(C)tor vehicle to be pro-vided by the Gove-rment

(d) maintenance allowanceof the sum equal toeighty percent of thesalary payable to theincumbent PrimeMinister

(e) one personal assistant;

one cook;(f)

one laundry man;(9)

one domestic servant;(h)

(i) one gardener;

(g) one driver;

use of VIP lounge.(k)

Page 29: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

(3) All necessary security and otherprotection services to him and his un-mediate family

(4) If the former Prime Minister isrequested by the Government to traveloutside the United Republic, the appro-priate authority shall meet all First Classtravelling expenses which shall alsocover expenses for his spouse and oneassistant.

Where the15. Grant of gratuityPrime Minister dies inoffice or if he dies

to dependants offormer primeMinisterceasingafter to hold

of f but beforebenefits are granted to

the appropriatehim,authority shall grant tothe dependants gratuitywhich s h a 1 1 becalculated on the basis of he periodhe served m office.

Benefits to former Minister and(ii)former Deputy Minister

(1)16.- The Payment ofMinister or Deputy pension andMinister shall, upon gratuity toceasing to hold office,be granted a gratuity ofthe sum equal to fortyper cent of the totalsums

formerMinisterand DeputyMinister

of moneys he

2 8 No. 3 1999Political Service Retirement Benefits

Page 30: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

199930 No. 3 Political Service Retirement Benefits

received as salarieswhen he was in of f ice

(2) The paymentpursuance tomade in

subsection (1) shallbe calculated onthe basis of totalnumber of months whichthe Minister or DeputyMinister, as the case

held office.may be,

17. Where Payment oftheformer Minister or pension, etc

to dependantsDeputy Minister dies inof f ice of formeror if he diesafter ceasing Ministerto holdof f ice but and Deputybefore

Ministerbenefits are paid tothehim, appropriate

authority shall pay tohis dependants gratuitywhich shall becalculated on the basisof the period he servedin of f ice

Page 31: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999 31Political Service Retirement BenefitsNo. 3

PART VBENEFITS CONFERRED TO FORMER SPEAKERAND FORMER MEMBER OF PARLIAMENT

(i ) Benefits to former Speaker

18. A leader who field the office ofthe Speaker of the National Assemblyshall, upon ceasing to hold office, begranted-

Benefitsto former

(a) a gratuity ofSpeakerthe sum equal

fiftytopercent of thetotal sums ofmoneys rece-ived by himas salarieswhen he held

ofofficeSpeaker;

an annual pe-(b)nsion grantedmonthly of asum equal toeighty percentof the salaryof the incu-mbent Spe-aker of theNat ion a IAssembly,a winding-up(C)allowance ofa sum equalto the amountthat would bereceived as

insalarytwenty four

Page 32: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

Political Service Retirement Benefits32 No. 3 1999

months by theincumbentSpeaker.one motor ve-(d)hicle to begranted onceand whichshall be mai-ntained byhim;a driver.(e)a diplomatic(f)passport forhim and for hisspouse.seventy litres(g)of fuel perweek;maintenance(h)allowance fora motor ve-hicle at a rateequal to fortypercent of fuelallowance.

Where theGrant of 19.gratuity to Speaker of the National

Assembly dies in officeor if he dies afterceasing to hold of f icebut before benefits arepaid

dependantsof formerSpeaker

to thehim,appropriate authorityshall pay to the

gratuitydependants,which shall be

Page 33: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999 33No. 3 Political Service Retirement Benefits

calculated on the basisof the period he heldof f ice

(ii) Benefits to former Deputy SpeakerBenefits to 20.41) A leader who held the of-

fice of the Deputy Speaker of the Na-tional Assembly shall, upon ceasing tohold office, be granted a gratuity of thesum equal to fifty per cent of the totalsums of moneys he received as sala-ries when he was m office,

formerDeputySpeaker

(2) The former Deputy Speaker ofthe National Assembly shall, m addi-tion to the benefits granted under sub-section (1), be granted a winding-upallowance of a sum equal to ten per-cent of the total sum of the salaries hereceived while he held the office asDeputy Speaker of the National As-sembly.

(iii) Benefits to former Member ofParliament

21.- (1) A leaderBenefits towho held the office offormerthe Parliament shall,Member ofupon ceasing to holdParliament

beof f ice, grantedgratuity the sumofequal to forty per centof his salary for eachcompleteservicelumpsum.

month of hispayable in

Page 34: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999Political Service Retirement Benefits3 4 No. 3

(2) The paymentmade in pursuance tosubsection (1) shall becalculated on the basisof total number ofmonths which the leader

ofof f ice theheldMember of Parliament

(3) The former Member of Parlia-ment shall m addition to the benefitsgranted under subsection (1) begranted a winding up allowance of asum equal to twenty per cent of thetotal sum ofthe salaries he received intwenty four months.

22. Where a Member of Parlia-ment dies m office or if he dies afterceasing to hold office but before ben-efits are granted to him, the appropri-ate authority shall grant to hisdependants gratuity which shall becalculated on the basis of the periodhe served m office.

Grant of gratu-ity, etc. todependants offormer Memberof Parliament

PART VIBENEFITS CONFERRED TO FORMER REGIONALCOMMISSIONER OR DISTRICT COMMISSIONER

23. With effectBenefits tofrom the 1st day ofNovember, 2000, a leaderwho holds office ofRegional Commissioner orof District Commissioner

be grantedto RegionalCommissioneror DistrictCommissioner

Page 35: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999 35Political Service Retirement BenefitsNo. 3

upon ceasing toshall,i nof f icehold

outsetcircumstancesbe5(1) ,in section

to benefitsentitledgranted in accordancewith the provisions of

Publicthe ServiceRetirement BenefitsAct, 1999

(1)Review of 24.- Thebenefits National, Assembly shall,and at intervals of not lessexemption In

then five years, by resolution reviewthe pensions, gratuity and allow-ances payable under this Act.

from incometax

(2) All benefitsgranted to a leaderunder this Act shall be

from incomeexemptedtax.

(1)25.-Political LeadersPensions Act, 1981 ishereby repealed witheffect from the 1st dayof November, 2000

Repeal and TheSavingsActs Nos.14 of 1983-and2 of 1986

Page 36: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999Political Service Retirement Benefits3 6 No. 3

(2) The SpecifiedState Leaders RetirementBenefits Act, 1986 is,subject to section 2,hereby repealed.

(3) A person whoenjoys any benefits byreason of operation ofthe repealed enactmentsshall continue to enjoythose benefits and forthe purposes of furtherenjoymentb e n e f 1 tenactments

of thoses u c hI

shall betreated as if they havenot been repealed.

PART VIIAMENDMENT OF THE SPECI-

FIED STATE LEADERS RETIRE-MENT BENEFITS ACT, 1986

Construction 26. This Part shall be read as onewith the Specified State Leaders' Re-tirement Benefits Act, 1986 hereinaf-ter referred to as ''the principal Act.''

Act No. 2 of1986

27. The principal Act is amended-Amendment (a) m section 13 by deletingof sections paragraph (b) of sub-

13, 16 and 18 section (1) and substi-tuting for it the follo-wing-

Page 37: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

1999 37Political Service Retirement BenefitsNo. 3

''(b) an annual pensiongranted monthlyof a sum equal toeighty percent ofthe salary payableto incumbentPresident. ,it.

(b) in section 16 by deletingparagraph (c) of subse-ction (1) and substitu-ting for it the following-"(c) an annual pension

granted monthlyof a sum equal toeighty percent ofthe salary payableto the incumbentVice-President. ,it.

in section 18 by deletingparagraph (c) of subse-ction (1) and substitu-ting for, it the following-

(c)

''(c) an annual pensiongranted monthlyof a sum equal toeighty percent ofthe salary payableto the incumentPrime Minister.''

PART VIIIAMENDMENT OF THEPOLITICAL LEADERS'PENSIONS ACT, 1981

Construction 28. This Part shall be read as onewith the Political Leaders' PensionsAct, 1981 hereinafter referred to as''the principal Act''.

Act No. 14of 1981

Page 38: THE POLITICAL SERVICE RETIREMENT BENEFITS ACT, 1999

rr

1999Political Service Retirement Benefits3 8 No. 3

29. The principal Act is amended- Amendmentof sections

(a) m section 9 by deleting 9 and 19paragraph (b) of subse-ction ( i) and substitu-ting for A the following-(b) upon the expirationof the life of Parliament,whether or not he is re-elected, appointed orreverts to a pensionableoffice

(b) m section 19 by deletingthe phrase ''not excee-ding one-quarter'' andsubstituting for it thephrase ''of a sum equalto forty percentum"

(c) by adding immediatelyafter section 19 thefollowing new provi-sion-

'' 19A. Every Member ofParliament shall upon ceasing to be apolitical leader be granted a winding-up allowance of a sum equal to twentypercent of the total sum of the salarieshe received m twenty four months.''

Passed m the National Assembly on the 8th February, 1999.

Clerk of the National Assembly

Printed by the Government Printer . Dar es Salaam-Tanzania