Parliamentary Pensions (Enabling Provisions) Act
- Assented to on 8 May 1981
- Commenced on 1 January 1972
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
Part 1 – Preliminary
1. Short titleThis Act may be cited as the Parliamentary Pensions (Enabling Provisions) Act.
2. InterpretationIn 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 FundThere 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 FundThe 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 FundThere 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
7. DisqualificationsNo person shall be appointed as a Trustee pursuant to paragraph (b) of subsection (1) of section 6, or to subsection (4) or (5) of the said section 6, or, having been so appointed, shall continue to act as such Trustee, who—
8. Meetings of the Trustees
9. Power of the TrusteeThe Trustees shall have power to hold the Fund upon and subject to the trusts declared by or under this Act, or by or under any scheme formulated under this Act, and shall have power to enter into any transaction or to do any act, which, in their opinion will tend to the advancement of the objects of the fund as declared by section 4 or which is incidental or contributory thereto, and without prejudice to the generality of the foregoing, shall have power to—
10. Duties of the executive TrusteeThe executive Trustee shall be the principal administrator of the Fund and of any scheme effected under this Act, and shall be responsible to the Trustees for the day-to-day running of the Fund and of any such scheme.
Part IV – Financial provisions
11. Contributions from Parliamentary remuneration
12. Government contributionsSubject to this Act, there shall be paid into the Fund out of moneys provided by Government in each financial year a Government contribution of an amount equal to twice the total of the sums payable into the Fund in that financial year by, or in respect of, the Ministers, Parliamentary Secretaries and Members under section 11.
13. Conditions of pensionsAny scheme formulated and agreed by the Trustees and the insurers under this Act shall make provision for the payment of a pension to or in respect of any Member, who, after the commencement of this Act, ceases to be a Member or dies, having completed his reckonable service on or before the date upon which he so ceased to be a Member or died.
Part V – Supplemental schemes
14. Trustees to formulate supplemental schemes
15. Contributions to supplemental scheme premiumsWhere any supplemental scheme has been formulated under section 14, the amount available out of the contributions to the Fund effected under section 11 for the payment of premiums in respect of any Member to whom such supplemental scheme relates shall be applied as follows—
Part VI – Miscellaneous
16. Rules against perpetuities, etc., not applicableAny trusts settled by or under this Act, or by, or in furtherance of, any scheme formulated under and in accordance with this Act, shall not be avoided or limited by any rule of law which prohibits or limits the settling of property in perpetuity, or the remote vesting of property, or which prohibits or limits accumulations, or restraints upon alienation.
History of this document
08 May 1981
01 January 1972