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{
    "id": 803016,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/803016/?format=api",
    "text_counter": 188,
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    "content": "provisions for existing schemes that are in place so that there is no disharmony in transitioning from one scheme to another. The Bill also proposes the establishment of a board. Clarity is given about the board. The membership of the board is straightforward and inclusive. It includes a representative of the Council of County Governors; two elected representatives of the county public service boards who shall not be of the same gender; an elected representative of the County Assembly Service boards; two trustees nominated by trade union umbrellas representing public servants; three other persons nominated by employees of county governments of whom at least two shall not be of the same gender, the chief executive officer who shall be an ex officio member and the secretary to the board. This is a representative board that will manage the affairs of that particular scheme in a manner that will be worthy of the scheme. Clause 10(2) is also important. It says: “The Board shall put in place arrangements to ensure that one-third of the Trustees are appointed in a staggered manner separated by six months.” This is for transitional purposes and to ensure that whoever is coming on board is not having a direct disjoint from the one who was previously there. Clause 11 gives the specifications for the removal from office. This is standard. Clause 14 is important because it formulates how the board will operate. It suggests formulation of policies which are instrumental in any organization; it talks about collection and income payable to the Fund under this Act; protection of the Fund’s assets and to ensure long term viability of the scheme and negotiation for competitive annuity rates on behalf of members. If the board follows the specifications of Clause 14, it will be strong and it will make this possible. An overseer of the board will be important. Clause 15(2) says that- “The board shall have all powers necessary for the proper performance of its functions under this Act.” Sometimes we have boards that are put in place and they do not have enough power to execute their mandate. So, this clause gives an element of authority and subsequent power that is necessary for the board to run the scheme and ensure that there is protection of the assets across the board and the remittance of the outstanding contributions by the sponsor. Clause 16(1) establishes sub-committees to make the work of the board more efficient; that is key. In Part IV on Administration of the County Governments’ Retirement Scheme, the board shall appoint the Fund Manager who will be the day to day Chief Executive Officer (CEO) for running this particular scheme with key responsibilities that are given under Clause 22(2)(c) in terms of how he or she is going to maintain the books, run the event mails, provide regular information and do other standard things. This means that this Bill has been well thought-out in terms of operation. The Bill has the penalty clauses to ensure that any person who does not follow the requirements will receive some level of punishment. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}