TSC Death Gratuity and Dependents Pensions for Teachers Explained
Death Gratuity and Dependents Pensions are payments made to the dependents of a teacher who passes away while on duty, provided that the teacher was serving on permanent and pensionable terms and had confirmed service.
The following steps must be taken for the death gratuity to be disbursed:
- The Teachers Service Commission removes the deceased teacher’s name from the payroll and recovers any overpayment.
- The next-of-kin must provide the original death certificate together with a letter from the area chief identifying the next-of-kin and dependents.
- The next of kin handles any overpayment.
- The Director of Pensions then receives the claim for payment.
- In the event of a dispute, the Deputy County Commissioner directs the concerned parties for arbitration.
- Alternatively, dependents might seek legal recourse in a court of law. Dead dependents under the age of 18 receive pension payments for a period of five years.
Dependents of teachers who are killed on the job receive pension payments. The spouse and/or dependents of a teacher who dies due to injuries sustained while performing their duties will receive this payment.
It should be emphasized that pensioners and next-of-kin are notified when claims are forwarded to the Treasury for payment.
Kenya’s Pensions Act gives pension benefits to officers who have performed pensionable service to the government.
These benefits are non-contributory or free, which means that officers are not required to contribute a portion of their salary to obtain retirement benefits. After leaving the government service and meeting specific conditions, civil servants or their dependents may receive one or more of the following benefits:
1. Calculation of the officer’s pension and maximum pension—Regulation
The pension owing to an officer is computed by removing one-fourth of the final pensionable emoluments for each completed month of pensionable service, up to a maximum of the officer’s highest pensionable pay earned throughout his service.
2. Gratuity calculation:
An officer is eligible for a gratuity equal to five times the annual pension amount if they retire before completing the required 10 years of qualifying service, even if there is no qualifying period.
3. Marriage gratuity
If a female officer produces satisfactory evidence of her marriage within six months of her marriage or retirement, she may receive a marriage gratuity if she resigns from service with the intention of marrying, retires due to marriage, and has completed at least five years of government service.
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4. Death Gratuity
A death gratuity of no more than twice the amount of a deceased pensionable officer’s annual pensionable emoluments or commuted pension gratuity, whichever is greater, is payable to the officer’s legal personal representative.
Pensioners in Kenya are eligible for a variety of benefits under the Pensions Regulations, including dependents’ pension, wounded on duty pension, injury pension, pension upon abolition of office or reorganization of ministry or department, compassionate gratuity, annual allowance, and maintenance allowance.
Dependants’ pension is payable to the widow or children of an officer who dies as a result of injuries sustained while performing their duties, without their own fault, and as a result of circumstances expressly related to the nature of their duty. An injury pension is payable to the widow and/or children of an officer who is permanently injured in the same conditions described in the preceding paragraph.
An officer who retires due to the abolishment of his office or the reorganization of his ministry or department is eligible for a pension or gratuity at his discretion, even if he has not completed the required ten years of qualifying service. An additional pension of one-sixth of his pensionable earnings is also available for each three-year period of pensionable service completed.
Compassionate gratuity
Compassionate gratuity is given to officers who are not entitled to a pension because they hold a nonpensionable position or a pensionable office for which they have not been confirmed. Officers who have served in the public service for at least 30 years and whose retirement compensation does not exceed the maximum salary awarded to officers in job Group “B” at the time are eligible for an annual allowance.
Finally, the Pensions Regulations provide pensioners with a variety of benefits, such as dependents’ pensions, wounded on duty pensions, compassionate gratuities, annual allowances, and maintenance allowances.
The African Teachers Service implemented a free pension scheme for its members in 1962. Teachers were given four options:
- Joining a Free Government Pension Scheme backdated for their previous contributions;
- Retaining their rights under the current scheme in respect of past contributions and transferring to the new scheme on an agreed-upon date;
- Remaining in the current scheme; and
- Joining a free pension scheme and withdrawing the teachers’ contribution plus interest to the current scheme.
Kenya’s Pensions Act specifies pension rights such as forfeiture upon resignation or dismissal, decrease or withdrawal of pension, cessation of pension on conviction, cessation of pension on bankruptcy, and transfer of service.
Resigning or dismissed officers forfeit all their rights to retirement benefits. The Act also prevents officers from having an absolute claim to remuneration for previous services, including pensions, gratuities, and other allowances.
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A determination of negligence, irregularity, or misconduct may result in a reduction or withdrawal of an officer’s pension. The Payments Act allows for the termination of payments for persons condemned to prison or found insolvent. An officer can only transfer their services to a designated “public service” organization.
If an officer meets the wage schedule for permanent establishment members and forfeits the contract gratuity, their service on contract terms is considered full. The Act also mandates a method for determining an officer’s age upon first appointment, with any changes documented by a birth certificate.
TSC Death Gratuity and Dependents Pensions for Teachers Explained
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