The Complete 2004 Laws of Nigeria

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STATUTORY CORPORATIONS PENSIONABLE OFFICERS (RETIRING AGE LIMIT) ACT

ARRANGEMENT OF SECTIONS

SECTION

1.   Age limit for all statutory corporations pensionable officers, etc.

  1. Power to extend services from year to year.
  2. Interpretation.
  3. Application.
  4. Short title.

 

An Act to provide for the retiring age of officers of statutory corporations subject to
extension from year to year by the relevant authority.

[1972 No. 38.]

[24th May, 19727]

[Cornmencernent.]

  1. Age limit for all statutory corporations pensionable officers, etc.

(1) The retiring age limit for all pensionable officers of statutory corporations shall
be sixty years.

(2) It shall be lawful for any relevant authority by an instrument or in the manner pre-
scribed (by the rules of any statutory corporation relating to the conditions of service of
its staff) to require any pensionable officer of such corporation under its authority, or in
relation to which it is empowered to deal with matters concerning the conditions of ser-
vice of the staff of such corporation, to retire from the service of the corporation on his
attainment of the age of 55 years.

(3) It is hereby declared that if before the commencement of this Act a pensionable
officer of a statutory corporation was retired compulsorily on his attainment of the age of
55 years and before his attainment of the age of sixty years without any grounds being
specified for the retirement, the officer shall not be deemed to have retired from the
service of the corporation nor be treated as having been retired in consequence of the
abolition of his office, but shall instead be deemed to have retired from the service of the
corporation at the age of sixty years; and accordingly, he shall be entitled to a grant of
pension, gratuity, compensation, allowance or other superannuation benefit which shall

be determined and calculated in accordance with the scheme provided by the corporation

for such grant.

(4) The foregoing provisions of this section shall have effect notwithstanding any-
thing whatsoever to the contrary, particularly anything to the contrary in any enactment,
law, regulation, rule, bye-law, order or any other instrument prescribed in relation to the
conditions of service of the staff of such corporation or otherwise provided for, and such
enactment, law or instrument shall be construed subject as provided under this Act with
any necessary modifications.

  1. Power to extend services from year to year

(1) Where the of tic er has attained the retiring age limit or immediately before his at-
tainment of that age; on being satisfied- 

      (a)        that the services of the officer are required by the statutory corporation after
that age; and

       (b)        that the officer is certified by a medical officer approved by the relevant

authority to be physically fit for the purposes of his duties,

the relevant authority may elect to continue or extend the services of the said officer
thereafter from year to year or for such period or periods as it deems fit but not beyond
the age of sixty years, and subject to such conditions as the relevant authority may at its
discretion impose.

(2) The statutory corporation may, subject to the provisions of this Act, by regula-
tions, bye-laws, orders or other subsidiary instruments, make provisions for the condi-
tions under which the services of pensionable officers may, subject to the foregoing pro-
visions of this Act, be extended or continued beyond the retiring age limit.

  1. Interpretation

In this Act, unless the context otherwise requires-

"statutory corporation" means a corporation established by or under any enactment;

"pensionable officer" means any person employed as a member of the staff of a
statutory corporation who under the conditions of service of the corporation or within the
terms of his employment is entitled to a grant of pensions, gratuities, compensation, al-
lowances, or other superannuation benefits by virtue of his employment; and

"relevant authority" means the board or authority of the statutory corporation (how-
soever named) empowered under any enactment or law or as the case may be, authorised
in that behalf to deal with matters concerning the conditions of service of the staff of the
corporation.

  1. Application 
    This Act-

(a) applies to all pensionable officers of a statutory corporation whether or not

such officer was employed by the corporation by or under any contract,
agreement or arrangement or under any instrument whatsoever, and anything
under the terms of employment of the officer inconsistent with the provisions
of this Act, shall to the extent of the inconsistency be void and of no effect; 

(b)        applies to all persons who quali fy for or become pensionable officers in the
employment of any statutory corporation before, on or after the commence-
ment of this Act;

(c)        extends to any corporate body established under the Companies and Allied
Matters Act which is owned or partially owned by the Government of the Fed-
eration or of a State in the Federation, or as respects which the Government of
the Federation or of such State owns any shares, stocks or debentures;

                                                                    [Cap. C20.]

 (d)        shall not be so construed as to affect any action or proceedings begun, insti-
tuted or pending before a court of law at the commencement of this Act; and
any action or proceedings begun or instituted after that date shall, accordingly,
abate.

5. Short title

This Act may be cited as the Statutory Corporations Pensionable Officer (Retiring
Age Limit) Act.

SUBSIDIARY LEGISLATION

No Subsidiary Legislation