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{
    "id": 812979,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/812979/?format=api",
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    "content": "Madam Temporary Speaker, the present legal framework of the Retirement Benefits (Deputy President and Designated State Officers) Act, as currently enacted, is unfavourable to a Deputy President or designated state officers who are out of favour with the Government of the day. The Bill seeks to curtail and check the powers of the Executive in altering or modifying benefits due to a retired Deputy President and other designated state officers as provided for in the present Act. Therefore, this Bill is crucial in ensuring that the State does not modify and alter the benefits due to a designated state officer as a tool to intimidate a designated state officer, especially those who are not in the “good books” of the Government of the day. Additionally, the Bill provides a framework for reviewing decisions of the Executive to alter and modify personnel attached to the entitled person. Madam Temporary Speaker, the Bill establishes a Parliamentary Joint Committee on Entitlement comprising of the Majority and Minority Party Leaders of Parliament and five other Members of Parliament. The Joint Committee is mandated to consider petitions that seek to alter entitlements due to the entitled persons or complaints regarding such entitlements. The Committee has a maximum of 30 days to consider such petitions. Madam Temporary Speaker, Clause 4 of the Bill seeks to include the Senate in determining whether an entitled person should be denied the benefit awarded under the Act and considering petitions that seek to alter the entitlement of an entitled person. Clause 6 of the Bill provides that- “Where an entitled person dies in service after the commencement of this Act, a lump sum of payment on death calculated as a sum equal to five times the entitled persons’ annual salary shall become payable to the entitled person’s legal personal representative.” Madam Temporary Speaker, in terms of the children’s benefits after the demise of the entitled person, Clause 7(a) of the Bill provides that- Upon the death of an entitled person who is in receipt of, or who is entitled to a pension under this Act, the surviving eligible child shall be entitled to- “if there is only one eligible child, pension at the rate of 25 per cent of the pension entitlement of the deceased entitled person.” The Clause further provides in Clause 7(b) that- “if there are two or more eligible children, a pension at the rate of 50 per cent of the pension entitlement of the deceased entitled person to be divided equally for the benefit of each child.” Clauses 9 and 10 of the Bill sets a minimum of six and a maximum of 10 armed security officers to be assigned to a retired Deputy President, Vice President and Prime Minister. The Bill also proposes to give an entitled person the opportunity to select officers to serve him or her. Further, the Inspector General of Police is obliged to refer to the Joint Committee on Entitlements when he seeks to alter or reduce the security arrangement of an entitled person. Madam Temporary Speaker, this is a crucial piece of legislation to strengthen good governance and accountability by the State. It comes at a time the Senate has seen loopholes in our laws with regard to State treatment of a retired Deputy President, 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."
}