PENSION BENEFITS

In reference to Section 112, sub-section 7 of the Constitution of Kenya, “Pension Benefits” means any Pensions, Compensations, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependants or personal representatives of those persons in respect of that service.

Types of Benefits

1) Retirement benefits (Cap 189)

• Mandatory/Compulsory retirement (55 years rule)
  Retiree should be notified at least 12 months before his/her date of exit.
• 50 years rule
  Requires two months notification from either party (i.e. Employer or employee) before date of exit.

Other requirements

Retirees personal requirements

- Two certified copies of National identity card
- Current payslip bearing the Pin number
- Duly completed Commutation forms(duplicate in original)
- Duly completed Official Secrets Act declaration form

Workstation’s requirements

- Government liability clearance certificate
- Kit clearance certificate

Processing

- Authority letter for retirement to be issued one year before the officer’s date of exit
- Retiree to submit required documents at least 11 months before the date of exit
- Prompt issuance of tax clearance certificate from Kenya Revenue Authority
- Pension claim documents should be submitted to the Secretary/Director of Pensions at least 9 months before an officer’s date of exit
- Work station to submit GLCC & kit clearance certificate at the exit of an officer from service

2) Death Benefits (Cap 189)

Death gratuity-lump sum pension
Dependants pension-5 year monthly pension
Widows & Children Pension-monthly pension
Killed on duty Pension-monthly pension
Funeral expenses allowance(See Code of Regulations-Revised 2006, section K.23)

Requirements

Family requirements

- Original death certificate
- Original birth certificates of the deceased’s children below 21 years if any
- Any child above the age of 21 years but still undergoing full time education should submit a letter from the school/institution head together with his/her original birth certificate
- Two certified copies of National identity card of spouse or guardian or personal representative/next of kin
- Officer’s home area Chief’s letter confirming names of dependants (i.e. wife/wives & children) or guardian & children or personal representative/next of kin
- Declaration form/s duly completed by the widow/widows
- Guardianship certificate (duplicate) duly completed by the guardian of the orphan/s
- GP 215 form (duplicate) duly completed by representative/next of kin of an unmarried deceased officer

Workstation requirements

- Detailed death report
- Government liability clearance certificate
- Kit clearance certificate
- Police Abstract report (triplicate) on either form P10 or P10 A-revised for deaths resulting from accidents
- LD 104/1 form (duplicate) duly completed in part 1 for accidental deaths for officers killed while on duty

Processing

- Workstation to submit requirements within the first month
- Family members to submit requirements within the first month
- Prompt issuance of tax clearance certificate from Kenya Revenue Authority
-Claim documents to be submitted to the Secretary/Director of pensions as soon as possible to make payments

3) Service Gratuity(Cap 189)

12-20 years rule
Service with no Pensionable qualifying period (less than 10 years service)

Requirements

Retirees requirements

- Two Certified copies of National identity card
- Pay point forms(duplicate) duly completed with proper bank particulars & contact address
- Form GP 214(duplicate) duly completed by the retiree
- Current payslip bearing the Pin number
- Duly completed Official Secrets Act Declaration form

Workstation’s requirements
- Government liability clearance certificate
- Kit clearance certificate

Processing

- Proper and timely notification
- Prompt submission of documents from retiree and workstation
- Prompt issuance of tax clearance certificate from Kenya Revenue Authority
- Claim documents to be submitted to the Secretary/Director of pensions as soon as possible to make payments

4) Removal/Retirement in Public interest(Cap 189 & Cap 185)

Proper procedures to be followed
Good notification and approval authority

Requirements

Retirees requirements
- Two certified copies of National identity card
- Duly completed Commutation forms(duplicate in original)
- Current payslip bearing the Pin number
- Duly completed Official Secrets Act declaration form

Workstation’s requirements
- Show cause letter
- Authority letter for retirement
- Government liability clearance certificate
- Kit clearance certificate

Processing
- prompt submission of documents from retiree and workstation
- Prompt issuance of tax clearance certificate from Kenya Revenue Authority

- Prompt computation and submission of claim documents to the Secretary/Director of Pensions to make payments

5) Retirement on Medical grounds(Cap 189 & Cap 185)

Applies to sick officers who are either physically or mentally challenged or having natural ailment
Must be found unfit by the Medical board convened by the Director of Medical Services

Requirements

Retirees requirements

- Two certified copies of the National identity card
- Duly completed Commutation forms(duplicate in original)
- Current payslip bearing the Pin number
- Duly completed Official Secrets Act declaration form
- Original proceedings from the Medical board

Workstation’s requirements

- Government liability clearance certificate
- Kit clearance certificate

Processing

- Right procedures to be followed(see section 19 of the PSC regulations & section R.25 of COR)
- Authority letter of retirement in accordance with the regulations
- Prompt submission of required documents from the retiree and workstation
- Prompt issuance of tax clearance certificate from Kenya Revenue Authority
- Prompt computation and submission of claim documents to the Secretary/Director of Pensions to make payments

6) Re-organization/Abolition of office(Cap 185 & Cap 189)

? Employer instituted/initiated retirements
? Voluntary Early Retirements
? Purpose – To facilitate improvement in the organization

Requirements

Retirees requirements
- Two certified copies of National identity card
- Duly completed Commutation forms(duplicate in original)
- Current payslip bearing the Pin number
- Duly completed Official Secrets Act declaration form

Workstation’s requirements
- Government liability clearance certificate
- Kit clearance certificate

Processing
- Approval from the Public Service Commission
- Prompt submission of documents from the retiree and work station
- Prompt issuance of tax clearance certificate from Kenya Revenue Authority
- Needs prompt computation of claim documents & submission to the Secretary/Director of Pensions to make payments
- Officers are granted an additional Pension to a maximum of 10/60th

7) Resignation(Cap189,Cap258&SectionR.29-Code of Regulations)

Refund of WCPS contributions with 2% interest for male officers only
5% NSSF contributions from the employer for the years worked according to the Legal notice number 176 of 1975
Resigned officers to register with NSSF within 21 years
Form SF3R to be duly completed

Requirements

Officer’s requirements

- Two certified copies of National identity card
- Current payslip bearing the Pin number
- Pay point particulars (bank particulars) in an official letter
- Duly completed Official Secrets Act declaration form

Workstation’s requirements

- Government liability clearance certificate
- Kit clearance certificate

Processing

- Prompt authority letter for resignation
- Prompt submission of documents from the retiree and
Work station
- Prompt issuance of tax clearance certificate from Kenya Revenue Authority
- Prompt computation and submission of claim documents to the Secretary/Director of Pensions to make payments
- NSSF registration number to be secured within 21 days of exit and submitted to police Hqs to enable prompt computation of NSSF employer’s contributions

8) Dismissal(Cap 189,Cap258 & Section R.29-Code of Regulations)

Refund of WCPS contributions with 2% interest for male officers only
5% NSSF contributions from the employer for the years worked according to the Legal notice number 176 of 1975
Dismissed officers to register with NSSF within 21 years
Form SF3R to be duly completed

Requirements

Officer’s requirements

- Two certified copies of National identity card
- Current payslip bearing the Pin number
- Pay point particulars (bank particulars) in an official letter
- Duly completed Official Secrets Act declaration form

Workstation’s requirements

- Government liability clearance certificate
- Kit clearance certificate

Processing

- Prompt authority letter for dismissal
- Prompt submission of documents from the retiree and
Work station
- Prompt issuance of tax clearance certificate from Kenya Revenue Authority
- Prompt computation and submission of claim documents to the Secretary/Director of Pensions to make payments
- NSSF registration number to be secured within 21 days of exit and submitted to police Hqs to enable prompt computation of NSSF employer’s contributions

9) Injury Pension(Cap 189)

Paid to officers who are injured while:-
- In the actual discharge of duty
- Without officer’s own default; and
- On account of circumstances specifically attributable to the nature of their duty
Injured officer to be assessed by the Medical board convened by the Director of Medical Services
Findings of the Medical board to be completed on Form MED 304
Degree of impairment is assigned as;-

- slightly impaired 5/60
- impaired 10/60
- materially impaired 15/60
- totally destroyed 20/60

Medical board should also assign % of impairment
Injury pension is paid to an officer after exiting the service.
Types of payment include:-
- Lump sum injury pension
- Monthly injury pension

Requirements
- Detailed injury report from the work station
- LD 104/1 forms(triplicate) to be duly completed in parts I and II
- Medical report/medical discharge summary
- Officer’s payslips for the month of injury
- Police abstract report on either form P10 or P10 A- revised

Processing
- Claim documents submitted to the Director of medical services and medical board proceedings undertaken before one exits from service
- Original proceedings from the medical board to be submitted to the Secretary/Director of pensions for computation of payments

10) Workmen’s Compensation (Cap 236)

The Act was revised in July, 2002 to incorporate all officers whose total earnings is less than Ksh400,000 annually or KSh33,000 monthly.
Paid to officers who are injured while:-
- in actual discharge of duty
- without officer’s own default; and
- on account of circumstances specifically attributable to the nature of their duty
A claim for compensation should be submitted to Workmen’s Compensation Department, Ministry of Labour within 3 years from date of injury

Types of incapacity for compensation are:-

- temporary incapacity
- permanent partial incapacity
- death

Requirements

Requirements for injured officers

- LD 104/1 form(triplicate) to be duly completed in parts I & II
- Officer’s payslip for the month of injury
- Police Abstract report(triplicate) on either form P10 or P10 A-revised
- Medical sheet/report/discharge summary
- Detailed injury report with circumstances surrounding the accident

Requirements for deceased officers

- Original and duplicate LD 104/1 forms to be duly completed in Part I
- Original death certificate
- Officer’s payslip for the month of injury resulting to death
- Police Abstract report on either form P10 or P10 A-revised
- Detailed death report giving circumstances surrounding the accident resulting to death of an officer
- Certificate of dependency specifically completed and signed personally by the officer’s home District Commissioner

Benefits payable

-Death cases - Five years basic salary (i.e. Basic salary x 60 months)
-Permanent total disability - Five years basic salary at the rate of the percentage (%) assigned in Part II of form LD 104/1(i.e. Basic salary x 60 months x % assigned by doctor)

11) Group Personal Accident Scheme (GPA)

GPA covers all officers against accidental deaths and permanent disabilities
Bodily injury caused solely by violent, accidental, external and visible means
Death arising from bodily injury should not be more than six(6) calendar months from date of injury
Reporting of the accident to the Ministry of Finance should be done not later than 8 calendar months from the date of the accident.
Applicability of the Scheme
- All officers who are injured irrespective of being on duty or not
Scheme does not apply to any of the following:-
- Engagement in dangerous sports e.g. hunting of any kind, polo, mountaineering, water skiing, parachuting.
- Suicide or attempted suicide, self inflicted injury, mental disease.
- Existing physical injury, defect or infirmity.
- Pregnancy, childbirth, miscarriage or abortion.
- Acts of war and terrorism.
- Ionising radiation or contamination.

G.P.A. Covers the following:

The policy covers death or bodily injury (ies) caused solely and directly by accidental, violent, external and visible means.

Example of accidents covered:
• Road accidents
• Car jackings
• Robbery shoot outs, hijacking
• Muggings
• Accidental fall

Requirements

Requirements for deceased officers

• Original death certificate
• Death Advice report made within 8 months
• Payslip for the month preceding date of death
• Police Abstract report(triplicate) on either form P10 or P10A- revised

Requirements for injured officers

• Injury Advice report
• Payslip for the month preceding date of injury
• Police abstract report(triplicate) on either form P10 or P10A- revised
• Medical report/Discharge summary
• Duly completed medical claim form in parts I & II
• Injured officer to appear before medical board

Benefits payable
These are based on officer’s monthly basic salary;-
• Death- – Five years basic salary(i.e. Basic salary x 60 months)
• Permanent total disability - Five years basic salary at the rate of the percentage (%) assigned (i.e. Basic salary x 60 months x % assigned by medical board proceedings)