Reports of Parliamentary Legal Committee on statutory instruments
8. (1) If, after considering a report of the Parliamentary Legal Committee that a provision of
a statutory instrument contravenes this Constitution, the Senate or the National Assembly
resolves that the provision does contravene this Constitution, the Cleric of Parliament must
report the resolution to the President and the President must as soon as possible, by notice in the
Gazette, repeal the provision.
(2) Before the Senate or the National Assembly considers a report of the Parliamentary
Legal Committee that a provision of a statutory instrument contravenes this Constitution, the
Committee may withdraw the report if the Committee is satisfied that the provision has been
repealed or amended in such a way as to remove the contravention.
(3) A provision of a statutory, instrument which has been repealed by the President in terms
of this paragraph ceases to have effect from the date of the repeal.
FIFTH SCHEDULE (Section 267)
PENSIONS
1. Protection of pension rights of public officers
(1) Subject to the provisions of paragraph 2, the law to be applied with respect to any
pensions benefits that were granted to any person before the appointed day shall be the law that
was in force at the date on which those benefits were granted or any law in force at a later date
that is not less favourable to that person.
(2) Subject to the provisions of paragraph 2, the law to be applied with respect to any
pensions benefits not referred to in subparagraph (1) in relation to a public officer or formerpublic officer in respect of a period of service as a public officer, or any ill-health or injury
arising out of and in the course of his official duties during a period of service as a public
officer, that—
(a) commenced before the appointed day shall be the law that was in force immediately
before that day; or
(b) commenced on or after the appointed day shall be the law in force on the date on
which that period of service commenced;
or any law in force at a later date that is not less favourable to the person entitled to such
pensions benefits.
(3) Where a person is entitled to exercise an option as to which of two or more laws shall
apply in his case, the law for which he opts shall, for the purposes of this paragraph, be deemed
to be more favourable to him than the other law or laws.
(4) All pensions benefits shall be charged upon and paid out of the Consolidated Revenue
Fund.
(5) Any law which alters the age at which a person holding public office shall retire or
otherwise vacate his office shall not have effect in relation to any public officer who was
appointed before that law takes effect unless he consents thereto.
(6) In this paragraph—
"law" shall be construed as including the rules or other instrument setting out the terms of
service of the staff of Parliament;
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