The Complete 2004 Laws of Nigeria

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TRANSFERRED OFFICERS AND PENSIONS LIABILITY, ETC., ACT

ARRANGEMENT OF SECTIONS

SECTION                                    

  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.

[1971 No.8.]

[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.

  1. Service conditions of transferred officers, etc.

(l) 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).

[Cap. P4.]

  1. 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.

[Cap. P4.]

(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.

[Cap. P4.]

(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.

[1968 No. 12.]

(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.

[Cap. P4.]



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.
[1967 No. 18.]

  1. 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.

  1. 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 VIol' 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.

[Cap. C23.]

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