PARLIAMENTARY PENSIONS (ENABLING PROVISIONS)

CHAPTER 2:06
PARLIAMENTARY PENSIONS (ENABLING PROVISIONS)

ARRANGEMENT OF SECTIONS

    SECTION

PART I
PRELIMINARY

    1.    Short title

    2.    Interpretation

PART II
ESTABLISHMENT OF FUND

    3.    Establishment of the Fund

    4.    Objects of the Fund

PART III
THE TRUSTEES

    5.    Trustees of the Fund

    6.    Appointment and removal of Trustees

    7.    Disqualifications

    8.    Meetings of the Trustees

    9.    Powers of the Trustees

    10.    Duties of the Executive Trustee

PART IV
FINANCIAL PROVISIONS

    11.    Contributions from Parliamentary remuneration

    12.    Government contributions

    13.    Conditions of pensions

PART V
SUPPLEMENTAL SCHEMES

    14.    Trustees to formulate supplemental schemes

    15.    Contributions to supplemental scheme premiums

PART VI
MISCELLANEOUS

    16.    Rules against perpetuities, etc., not applicable

11 of 1981

    An Act to provide for the constitution of contributory funds under the name of the Parliamentary Pensions Premium Fund for the purpose of effecting and maintaining pensions and related benefits for Members of the National Assembly and their dependants; and further to provide for periodic contributions by such Members and the Government to such funds and for the appointment of trustees of such funds under the name and style of the Trustees of the Parliamentary Pensions Premium Fund; to provide for the incorporation of such Trustees as a body corporate; to provide for the terms and conditions of the trusts under which the aforementioned funds shall be held and administered by such Trustees, and for the powers, duties and obligations of such Trustees in respect thereof and in relation to the beneficiaries thereunder; and further to provide for matters incidental to or connected with the foregoing

PART I
PRELIMINARY

1.    Short title

    This Act may be cited as the Parliamentary Pensions (Enabling Provisions) Act.

2.    Interpretation

    In this Act unless the context otherwise requires—

    “Chairman” means the Chairman of the Trustees designated by section 6 (1) (2);

    “Fund” means the Parliamentary Pensions Premium Fund, established by section 3;

    “insurer” means any person doing business in Malawi, as a life insurer;

    “Member” means a member of the National Assembly;

    “Minister” includes the Speaker and Deputy Ministers;

    “Parliamentary Service” means service as a Member of Parliament for any determinate period;

    “reckonable service” means the aggregate of all Parliamentary Service;

    “scheme” means any pension formulated under this Act and includes any supplemental scheme;

    “Speaker” means the Speaker of the National Assembly

    “Trustees” means the Trustees of the Parliamentary Pensions Premium Fund constituted by section 5.

PART II
ESTABLISHMENT OF FUND

3.    Establishment of the Fund

    There is hereby established a fund to be known as the Parliamentary Pensions Premium Fund, which shall vest in, and be held and administered by the Trustees upon and subject to the trusts, and for the advancement and furtherance of the objects in this Act hereinafter declared.

4.    Objects of the Fund

    The objects of the Fund are to provide moneys for effecting and maintaining such pension and related benefits schemes as the Trustees may, under this Act, from time to time, formulate on behalf of Members and insure with insurers for the benefit of such Members or their dependants.

PART III
THE TRUSTEES

5.    Trustees of the Fund

    There is hereby constituted the Trustees of the Parliamentary Pensions Premium Fund, which shall by that name be a body corporate with perpetual succession and a common seal, capable of suing and being sued and, subject to this Act, of doing such acts and performing such deeds as a body corporate may by law do or perform.

6.    Appointment and removal of Trustees

    (1) The Trustees of the Parliamentary Pensions Premium Fund shall be—

    (a)    the Speaker, who shall be executive Trustee, and the Chairman of the Trustees;

    (b)    two other persons appointed by the President.

    (2) In the event of the Speaker being unable to act as such Trustee, the President shall appoint, from among the Members, a Trustee to act as executive Trustee and Chairman in the place and stead of the Speaker during such inability.

    (3) Any Trustee appointed under paragraph (b) of subsection (1), or under subsection (2), may, at any time, resign from such trusteeship, by giving to the President and to the Speaker one month’s notice in writing of his intention to resign.

    (4) The President may, at any time, by notice in writing, remove any Trustee appointed pursuant to paragraph (b) of subsection (1), or pursuant to subsection (2), and may appoint in the place and stead of such removed Trustee, a new Trustee, who shall exercise all of the functions and powers of the Trustee whom he has replaced.

    (5) Where, under section 7, any Trustee becomes disqualified from continuing to act as such, the President shall appoint, in his…