(2023)
SECTION 1
There is established the National Assembly Sen ice Pensions Board (in this Act referred to as “the Board”) charged with the responsibility of managing payments of pensions and gratuities to all personnel of the Service.
Establishment of the National Assembly Service Pension Board.
SECTION 2
(1) The Board shall consist of-
(a) the Chairman and chief executive officer who shall be a retired Clerk to the National Assembly;
(b) a retired Clerk of the Senate or House of Representatives;
(c) a retired Deputy Clerk of the Senate or House of Representatives;
(d) a retired Secretary Human Resources:
(e) a retired Secretary Finance and Account;
(f) a retired Secretary to the National Assembly Service Commission; and
(g) a representative of the Parliamentary Staff Association of Nigeria (PASAN).
(2) The Chairman and members of the Board shall be appointed, by the President of the Senate in consultation with the Speaker of the House of Representatives, on the recommendation of the Association of Retired Clerks and Secretaries of the National Assembly.
(3) The Secretary of the Board shall be-
(a) a retired Director of the National Assembly; and
(b) a retired Director of the National Assembly; and
(4) A Chairman and other members of the Board shall hold office for a single term of five years from the dare of their appointment.
Composition of the Board.
SECTION 3
(1) Subject to the provisions of this Act, any pension or gratuity payable to any personnel under this Act shall be computed in accordance with the provisions of the Regulations of the Service.
(2) In computing pensionable service and qualifying service for the purpose of this Act, any period of service over six months and not included in a completed year shall, for the purpose of the Schedule to this Act as it relates to personnel entitled to pension, count as one year.
Computation of pension or gratuity.
SECTION 4
There shall be charged on and paid out of the Consolidated Revenue Fund of the Federation, all such sums of money as may be granted by the Federal Government by way of pension and gratuity in accordance with this Act.
Pension to be charged on the Consolidated Revenue Fund of the Federation.
SECTION 5
(1) Pension or gratuity shall not be granted under this Act to any personnel on his retirement from the Service except in any of the following circumstances-
(a) after serving for 35 years or attaining the age of 60 years, whichever is earlier;
(b) upon voluntary retirement after serving for at least 10 years;
(c) upon compulsory retirement under the provisions of paragraph (d);
(d) upon compulsory retirement for the purpose of facilitating improvements in the Service, so that greater efficiency or economy may be effected;
(e) at any time on medical evidence to the satisfaction of the Medical Board that he is incapable by reason of any infirmity of mind or body of discharging his duties and that such infirmity is likely to be permanent; or
(f) on voluntary withdrawal after having put in at least five years but less than 10 years continuous service as a personnel: Provided that — (i) in the case of paragraphs (c) to (e), where the personnel have served for at least five years but less than 10 years before his retirement, he shall be entitled only to a gratuity as specified in the appropriate column of the Table in the Service Regulations, or (ii) where the personnel has served for a minimum of three years but less than five years before he is required to retire, he shall be entitled to an ex-gratia gratuity calculated on pro-rata basis at the rate of 10% for every completed year of service.
(2) Where a personnel retires under subsection (1) (f)(i), and he –
(a) has completed five years but not up to 10 years in service, he shall be entitled only to a gratuity,
(b) has served for at least 10 years, he shall be entitled to a pension, or
(c) is required to retire after 10 years qualifying service under subsection (1) (c)-(e), he shall be entitled to pensions immediately on retirement even though he has not attained the age of 45 years
Circumstances in which pension may be granted.
SECTION 6
(1) All deducted funds for pension shall be remitted into staff pension account within 72 hours by the Clerk to the National Assembly.
(2) Pension money shall not be borrowed or used for any other purpose.
(3) Any person who contravenes the provisions of-
(a) subsection (1), commits an offence and is liable to a fine of N 100,000 per day for every day the violation subsists; or
(b) subsection (2), commits an offence and is liable to a fine of N 100,000,000 or imprisonment for a term of six years or both.
Pension deduction and remittance.
SECTION 7
The retirement packages includes-
(a) payment of 500% of annual net emolument shall be paid to retired staff as retirement package at the commencement of the mandatory three months terminal leave;
(b) payment of 300% of annual gross emolument as gratuity shall be paid to retired staff on the terminal or last day of exit;
(c) budgetary provision of 50% of the annual personnel cost shall be paid into the National Assembly Pension Board; and
(d) payment of 50% of annual net emolument shall be paid as medical allowance yearly to retired staff.
Retirement package.
SECTION 8
Repatriation or travelling allowances include-
(a) 50% of net emolument;
(b) air tickets for officer, spouse and four children at the prevailing rates; and
(c) baggage allowance.
Repatriation or travelling allowance.
SECTION 9
(1) A pension granted to a personnel or other rank under this Act shall not be less than 40% of his total emolument.
(2) For the purpose of this section, an additional pension granted in respect of injury shall be taken into account, but where the personnel is granted such an additional pension under this Act, the amount so granted together with the remainder of his pension under this Act shall not exceed 100% of his highest pensionable emolument at any time in the course of his service.
Minimum and maximum pension.
SECTION 10
(1) Where a personnel dies in the course of official duty, there shall be paid to his next of kin a gratuity to which the personnel would have been entitled at the date of his death.
(2) Where a personnel dies before completing the minimum period of qualifying service, his next of kin shall be paid a death gratuity of one year’s salary only.
(3) Any pension payable under subsection (1) shall be paid to any person entitled to it for a period expiring at the end of five y ears after the death of the personnel, however, a lump sum representing five years pensions may be paid immediately to the person entitled to it.
Pension and gratuity to be paid to dependant where a pensioner dies in service.
SECTION 11
Where a personnel dies within five years after retirement, his next of kin shall continue to be paid, for a period which shall expire at the end of five years from the date of his retirement, the same pension which the deceased personnel was receiving prior to his death, but if the next of kin so elects, the balance of his pension at his death may be paid immediately to the next of kin.
Pension to run for five years after death within five years of retirement.
SECTION 12
(1) A personnel who wishes to retire from the Service after serving for 10 years or more shall give a three months’ notice or pay the Service the equivalent of three months’ salary in lieu of notice.
(2) A personnel who wishes to withdraw from the Service after serving for at least five to 10 years shall give the Clerk to the National Assembly one month’s notice of his intention to withdraw from the Service or he shall be required to pay one month’s salary in lieu of such notice.
Notice of intention to retire or withdraw from service.
SECTION 13
A pension or gratuity granted under this Act shall not be assignable, transferable or liable to be attached, sequestrated or levied upon for or in respect of any debt or claim except for the purpose of satisfying-
(a) a debt due to the Federal Government; or
(b) an order of a court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child of the personnel to whom the pension or gratuity has been granted.
Pension and gratuity not t0 be assignable.
SECTION 14
Where the Board is satisfied that-
(a) a sum is due to the Federal Government from a person to whom a pension or gratuity is due under this Act;
(b) an overpayment on account of any such pension or gratuity has been made to any such person by the Federal Government, the Board may authorise the deduction from the pension or gratuity, in respect of that sum or overpayment of such amounts at such times as it may deem fit, and the amounts so deducted shall be applied in or towards paying or repaying that sum or overpayment.
Payment of public claims out of pension and gratuity.
SECTION 15
(1) This Act shall apply to all personnel of the Service including those who had retired before the commencement of this Act
(2) The retirement benefits of personnel referred to in subsection (2) shall be adjusted to be commensurate with the provisions of this Act.
Application of this Act to personnel who retired before the commencement of this Act.
SECTION 16
(1) The Board may, by order published in the Federal Government Gazette, delegate to another person or authority all or any of its powers under this Act.
(2) The delegation of a power under the subsection (1) shall not prevent the Board from continuing to exercise its powers if it deems fit.
Delegation of power.
SECTION 17
(1) The Management of the Board may make provisions for the structure, and personnel of the Board which may make provisions for carrying into effect the provisions of this Act.
(2) Whenever the Board is satisfied that it is equitable that any regulation made under this section should have retrospective effect in order to confer a benefit upon or remove a disability attached to any person, that regulation may be given retrospective effect for that purpose.
(3) The transition period for all affected pension administrators in charge of the staff of National Assembly pension shall remit all such pension funds in their possession not later than three months from the commencement date.
Regulations.
SECTION 18
Section 5 (1) of the Pension Reform Act, No. 4, 2014 is amended in paragraph (a) by inserting after the word “Federation”, the words “and the National Assembly Service personnel”.
Consequential amendment.
SECTION 19
In this Act — “last pay” in relation to a personnel whose appointment has been terminated, means the amount payable to him for a month (or if he was on a daily rate of pay, for thirty one days) multiplied by twelve in respect of the last substantive rank held by him immediately before the end of his employment; “lodging” means the provision of furnished accommodation, fuel and light and personal service; “medical board” means any medical board appointed by the management of the Service or by any other person under a delegation under section 12 of this Act, to assess the degree of disablement of personnel; “member” means any member of the Board appointed under section 2(1) of this Act, including the Chairman; “next of kin” means any person documented by the staff who can legitimately claim entitlements of the staff in the event of death on behalf of the beneficiaries; “pensionable service” means service in the National Assembly Service (including service or employment under the Government of the Federation or of a State or any other employment approved by the Service and which has been transferred to the Service) which may be taken into account in determining whether an officer is eligible by length of service, for a pension or gratuity; “personnel” means officers and staff in the employment of the Service; “qualifying service” means service in the National Assembly Service (including service or employment in the public service or any other employment which may be approved by the National Assembly Service) which may be taken into account in determining whether an officer is eligible by length of service for a pension or gratuity; “retirement” means cessation of service after an officer has served for a period of at least five years or thereafter for a period of at least 10 years, being periods respectively appointed as qualifying an officer for gratuity and pension; “termination” in relation to a personnel’s employment, means termination of full pay service by retirement, discharge or otherwise however; “the Board” means the body charged by the management of the Service with the responsibility for the administration of the pensions and gratuities of the personnel of the Service; and “the Service” means the National Assembly Service.
Interpretation.
SECTION 20
This Act may be cited as the National Assembly Service Pensions Board (Establishment) Act, 2023
Citation.
SCHEDULE
Section 3 (2)
COMPUTATION OF PENSION AND GRATUITIES TO PERSONNEL TO WHOM AND WHAT RATES PENSION MAY BE GRANTED
1. Subject to the provisions of this Act, a personnel shall be granted, on retirement, a pension if he has —
(a) been in the service for 10 years or more;
(b) completed 10 years’ qualifying service; or
(c) completed five years qualifying service if the retirement is on the ground that he is incapable by reason of any infirmity of mind or body of discharging his duties and such infirmity is likely to be permanent.
General Rides as to Qualifying Service
2. (1) Subject to the provisions of this Act, qualifying service shall be inclusive of the period between the date on which a personnel was appointed into the Service and the date of his leaving the Service without deduction of any period during which he had been absent on leave.
(2) No period which is not qualifying service under paragraphs 1 and 2 shall be taken into account as pensionable service.
Continuity of Service
3. (1) Except as otherwise provided in this Schedule, only continuous service shall be taken into account as qualifying service or as pensionable service.
(2) A personnel who retires from the Service and who is re-engaged in the Service within a period of five years from the date of his retirement, may be granted the pension or gratuity for which he would have been eligible if any break in his service immediately prior to such re-engagement had not occurred, such pension or gratuity to be in lieu of any pension or gratuity granted to him from the Consolidated Revenue Fund of the Federation or of a State or any other approved employment which is required to be refunded as a condition of the application to the personnel.
(3) In calculating a pension or gratuity granted in accordance with the provisions of this paragraph, account shad not be taken for any purpose of the period during which the officer was not in the Service.
4. Formula for calculation of pension and gratuity based on the percentage of last pay shall be in accordance with the Table in the Service Regulations.
