TRANSFERRED OFFICERS AND PENSIONS LIABILITY, ETC., ACT

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LAWS OF THE FEDERATION OF NIGERIA

TRANSFERRED OFFICERS AND PENSIONS LIABILITY, ETC., ACT

ARRANGEMENT OF SECTIONS

1. Provisions as to transfer of officers to the public service of the Federation.
2. Provisions as to certain officers assigned to the Interim Common Services Agency.
3. Service conditions of transferred officers, etc.
4. Retirement on pension of certain officers on expiration of the life of an Agency.
5. Pension rights preserved in cases of transfers to any approved service.
6. Apportionment of certain pensions.
7. Liability for pension of certain retired officers.
8. Sums payable under this Act to be charged on Consolidated Revenue Funds.
9. Set-off.
10. General modification of pensions law.
11. Short title and interpretation.

TRANSFERRED OFFICERS AND PENSIONS LIABILITY, ETC., ACT

An Act to empower the Federal Civil Service Commission to transfer, subject to certain terms and conditions, any officer from the public service of a State to the public service of the Federation and to provide for the pension rights of transferred officers and other matters ancillary thereto.

[27th May, 1967]                         [Commencement.]

1. Provisions as to transfer of officers to the public service of the Federation

(1)    Subject to this Act, on or after the appointed day, the Federal Civil Service Commission (in this Act hereinafter referred to as “the Commission”) may transfer any officer in the public service of a State to the public service of the Federation.

(2)    The power conferred on the Commission by subsection (1)  of this section shall be without prejudice to the provisions of any other enactment, but, subject to this Act, shall at all times be or be deemed to have been exercisable by the Commission, whether or not before the appointed day the officer concerned had been assigned for a period or periods (by an authority having power to do so) to perform duties in an office in the service or employment of any authority approved by the Commission.

2. Provisions as to certain officers assigned to the Interim Common Services Agency

If, before the making of this Act, an officer had been assigned, by any authority having power to do so, to perform the duties of any office in the service of the Interim Common Services Agency, the officer shall, with effect from such date as the Commission may determine (not earlier in any event than the date on which the officer was so assigned) be deemed-

(a)    to have been transferred to the public service of the Federation under section 1 of this Act; and

(b)    to have been assigned by the Commission on secondment from the public service of the Federation to perform the duties of that office in the service of the Interim Common Services Agency.

3. Service conditions of transferred officers, etc.

(1)    Where an officer in the public service of a former Region is, on or after the appointed day, transferred to the public service of the Federation or to the public service of any State, the terms and conditions of service to be applied to that officer in respect of his service in the public service of the Federation or, as the case may be, of the State to which he is transferred, shall not be less favourable to him than the terms and conditions of service that applied to him immediately before the date of his transfer:
Provided that new terms and conditions of service subsequently brought into force with respect to the public service to which an officer is so transferred, being terms and conditions that are applicable in his case, shall apply to him.

(2)    If, on or after the appointed day, an officer retires from the public service of a former Region by reason of the fact that he has not, on or after that date, accepted appointment in any other office in any public service in the Federation or, as the case may be, in any office in any approved service, within the meaning of the Pensions Act, that officer shall not, by reason only of so retiring, be entitled to any pension or gratuity or other like benefit (other than such as may be granted under any pensions enactment or under his contract of service, as the case may be).

4. Retirement on pension of certain officers on expiration of the life of an Agency

(1)    Without prejudice to the provisions of any other enactment, where an Agency ceases to function, the Commission may, for any reason whatsoever, terminate the appointment of any officer to whom this section applies if, at any time after the Agency ceases to function, that officer is not assigned by the Commission to perform duties in any other office in any public service in the Federation or, as the case may be, in an office in any approved service within the meaning of the Pensions Act.

(2)    Where the employment of an officer to whom this section applies is terminated under subsection (1)  of this section for any reason (other than as a result of the imposition upon him of a sentence of imprisonment for an offence) and the officer concerned is the holder of a pensionable office within the meaning of the Pensions Act, that officer shall be deemed to have retired from the public service of the Federation in consequence of the abolition of his office in that service and, subject to section 6 of this Act, the provisions of the Pensions Act, relating to the abolition of office, shall apply accordingly in respect of that office.

(3)    This section applies to any officer who is transferred to the public service of the Federation under section 1 of this Act or who is deemed under section 2 of this Act to have been transferred to that service, if—

(a)    under this Act, the officer had been assigned or is deemed to have been assigned by the Commission to perform the duties of any office in the service of an Agency; and

(b)    the officer was performing the duties of any office in the service of that Agency immediately before the Agency ceases to function.

(4)    In this section, “an Agency” means-

(a)              the interim Common Service Agency established under the Interim Common
Services Agency Act;

(b)    the Eastern States Interim Assets and Liabilities Agency established under the Eastern States Interim Assets and Liabilities Agency Act.

[1970 No. 39.]

5. Pension rights preserved in cases of transfers to any approved service

(1)    Where-

(a)    before the appointed day, the holder of a pensionable office in the public service of a former Region (in this section referred to as “the office holder”) had been assigned, by any authority having power to do so, to perform the duties of any  service or employment (other than public service or service with an Agency to which section 4 of this Act applies) for a period or periods; and

(b)    the service or employment to which the office holder had been so assigned is not treated under any enactment relating to pensions, in force in that former Region, as employment in the public service of that Region, then, the following provisions of this section shall have effect.

(2)    If, on the appointed day, the office holder is still the holder of a pensionable office as mentioned in subsection (1) of this section and the Commission on or after that date, approves the assignment aforesaid, the Commission may, with the consent of the office holder and with effect from such date as the Commission may determine (not earlier in any event  than the date on which the office holder was first assigned to perform those duties), transfer the office holder to the service or employment to which the office holder had been so assigned; and upon the transfer pursuant to this subsection, the service
or employment to which the office holder is so transferred shall, for the purposes of the Pensions Act, be deemed to be an “approved service” and be treated as employment in public service.

6. Apportionment of certain pensions

(1)    The following provisions of this section shall have effect in relation to any pension,  gratuity or other like benefit (in this section referred to as “the pension”) properly payable to any officer to whom this section applies or to the widow, widower, children, dependants or personal representatives of any such officer, under or pursuant to any enactment (other than this Act) relating to pensions, in respect of service of that officer in any public service in the Federation.

(2)    The cost of the pension payable in respect of the public service of any officer to whom this section applies shall be shared by the Federation and any State to which the officer is transferred or, as the case may be, by the Federation and each State in the public service of which the officer has served, so that the Federation shall pay such amount of the pension as is proportionate to the aggregate amount of the pensionable emoluments received by the officer in respect of his service in the public service of the Federation within the meaning of this section, and the State to which the officer is transferred or, as the case may be, the State in which he has served, shall pay such amount of the pension as is proportionate to the aggregate amount of the pensionable emoluments received by that officer in respect of his service in the public service of that State.

(3)    This section applies to the following officers, that is to say-

(a)    any officer in the public service of a former Region who becomes an officer in the public service of the Federation under section 1 or 2 of this Act;

(b)    any officer in the public service of a former Region (not being an officer to whom paragraph (a) of this subsection applies), who, on or after the appointed day, is transferred to the public service of any State;

(c)    an officer who, under section 4 (2) of this Act, is deemed to have retired from the public service of the Federation in consequence of the abolition of his office.

(4)    For the purposes of this section-

(a)    service in the public service of a former Region for any period commencing on or after 1 October, 1954 and ending immediately before I April 1968; and

(b)    service with the Interim Administrative Councils established under the Interim Administrative Council Act or, as the case may be, with any State, for any period commencing on or after 27 May, 1967 and ending immediately before 1 April, 1968,shall be deemed to be service in the public service of the Federation.

7. Liability for pension of certain retired officers

Where, before the appointed day, any pension, gratuity, or other like benefit was, under any enactment relating to pensions, payable by the Government of a former Region to-

(a)    an officer entitled thereto; or

(b)    the widow, widower, children, dependants or personal representatives of any such officer,in respect of service of that officer in the public service of the State for any period commencing on or after I October, 1954 and ending immediately before the appointed day, then, with effect from the appointed day, the Government of the Federation shall become liable for the payment of any pension properly so payable, and the liability of any other authority shall cease accordingly.

8. Sums payable under this Act to be charged on Consolidated Revenue Funds

Any sum that is payable under section 6 or 7 of this Act by the Government of the Federation shall be charged on the Consolidated Revenue Fund of the Federation, and any sum that is payable under those sections by the Government of any State shall be charged on the Consolidated Revenue Fund of that State.

9. Set-off

Any sum that is required by Part I Section C of Chapter VI of the Constitution of the Federal Republic of Nigeria, J 999 to be paid by the Federation to a State may be set off by the Federation in or towards the payment of any sum that is required by this Act to be paid by any State as its share of any pension payable in respect of the service of any officer who had served in the public service of that State, and the said Part I Section C of Chapter VI shall be construed accordingly.

10. General modification of pensions law

Without prejudice to the provisions of this Act, any pensions law in force in any part of the Federation immediately before the appointed day shall, from the appointed day, be read and construed with such adaptations and modifications as may be necessary or expedient for bringing the provisions of that enactment into accord with the provisions of this Act.

11. Short title and interpretation

(1)    This Act may be cited as the Transferred Officers and Pensions Liability, etc.,Act.

(2)    In this Act, unless the context otherwise requires-

“appointed day” means the date on which this Act is deemed to have come into force;

“Commission” means the Federal Civil Service Commission;

“duties” includes any other functions of an office;

“enactment” includes any Act, or Law;

“State” means a State of the Federation.

(3)    References in this Act to a former Region are references to the former Northern Nigeria, Eastern Nigeria, Western Nigeria or Mid-Western Nigeria.

SUBSIDIARY LEGISLATION

No Subsidiary Legislation