HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 1506260,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1506260/?format=api",
"text_counter": 31,
"type": "speech",
"speaker_name": "Kitui Central, WDM",
"speaker_title": "Hon. (Dr) Makali Mulu",
"speaker": null,
"content": "Constitution we also used to have what was called “The Office of the Controller and Auditor General (CAG).” We now have the Controller of Budget and the Office of the Auditor (OAG) General as a result of the new Constitution. The office of the Controller and Auditor General was separated into two offices. It is against this background that we have to amend the Pensions Act (Cap.189) so that we get it right in terms of the current Constitution. The Bill has a number of clauses that are straightforward. It is just a matter of including the new institutions. For example, if you look at the current Act, there is no mention of the Senate. “Parliament” means the National Assembly, which means that the Senate is left out. So, one of the things we have done is that we have made sure that where it is written “National Assembly” we write “Parliament” and “Parliament” means both the National Assembly and the Senate. It is in light of that that we have proposed amendments to clauses 2, 3, 6, 7, 9, 11, 13, and 14. We are just replacing “National Assembly” with “Parliament” and “Parliament” is defined to mean the Senate and the National Assembly. Clause 3 of the Bill defines who a child is. The current Act defines a child as anybody below 16 years. We know that we now have a new definition of a child as anybody who is below 18 years. Therefore, we are now changing the age from 16 to 18 years so that it is aligned with the new Constitution. Still on the definition of a child, the Pensions Act (Cap.189) defines the girl-child differently. It says, in case a girl-child gets pregnant before the age of 18 … There are a number of things mentioned that are irrelevant in the current Constitution. What we have done with this Bill is just to clean up the Pensions Act (Cap.189). A child will be anybody below 18 years. So, as long as one is 18 years and he is a child of a Member of Parliament, he will benefit like anybody else as per the pension rules. In Clause 4, when a Member of Parliament joins Parliament as a new Member and serves for only one term, he will be entitled to gratuity at a rate of 31 per cent. If he serves for more than one term, he will be entitled to pension. What has been happening is that – this is very common – some Members have been elected to this House, they serve their first term and they lose elections. When they are out there, they go to try again and sometimes, by God's grace, they come back again for their second term. Now, when you lose after the first term, you are always paid your gratuity. However, to be pensionable if you come back for a second term, you are required to pay back the gratuity. You can imagine the inconvenience. When Members come back from an election, they do not have money but they want to join another pension scheme because they are second-termers. They are expected to pay back the gratuity so that they earn their pension. This has been a major challenge to the Members. This Bill is proposing that immediately a Member is elected and joins Parliament, he will be given an option to choose either to be paid gratuity or pension. If a Member joins for the first time, in year one, he will wait because before the election he did not qualify for pension. So, after year one, he will automatically earn gratuity. However, in case a Member is elected for a second term, this Bill opens a door for them to choose whether they will want to go the gratuity way or the pension way. If they choose to go the gratuity way, then there will be no need for them to pay back the gratuity they were paid after their first term. They will serve their second term and get their gratuity again. They will, therefore, get gratuity for the second time. Currently, it is automatic. When a Member is elected for a second term, he has no choice but to pay back the gratuity to become pensionable. The Bill opens the door for a Member to make a choice. That will be good so that when a Member comes back, they will not be forced to pay back the gratuity money. Clause 5 says that once a Member determines that they will be paid pension, that will pave way for the necessary deductions in line with the pension rules or the SRC recommendations. Pension is a contributory scheme. A Member will be contributing and then the Government will contribute the other share. So, according to Clause 5, once you choose to be pensionable, the necessary deductions will be done."
}