CONSTITUTION OF ZIMBABWE as amended at 14th September,2005
SCHEDULE 6
(Section 112)
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.
[Subparagraph as amended by section 4 of Act 9 of 1993 - Amendment No. 13]
(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 former public officer in respect of a period of service as a public officer, or any illhealth 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.
[Subparagraph as amended by section 4 of Act 9 of 1993 - Amendment No. 13]
(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;
“pensions benefits” means any pensions, commutation of pensions, gratuities or
other like allowances or refund of pension contributions, including any interest payable thereon, for persons in respect of their service as public officers or any ill-health or injury arising out of and in the course of their official
duties or for the spouses, children, dependants or personal representatives
of such persons in respect of such service, ill-health or injury.
(7) References in this paragraph to the law with respect to pensions benefits include, without derogation from their generality, references to the law regulating—
Reissue
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14th September, 2005
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