ARRANGEMENT OF SECTIONS

SECTION

1.        Short title

2.        Interpretation

3.        Establishment of Fund

4.        Purpose of Fund

5.        Payment from Fund

6.        Responsibility for administration

7.        Investment

8.        Regulations

Act 24, 1971.

An Act to provide for the establishment of a special fund, the Military Pensions Special Fund, and to provide for matters incidental thereto.

[Date of Commencement: 6th August, 1971]

1.       Short title

            This Act may be cited as the Military Pensions Special Fund Act.

2.       Interpretation

            In this Act, unless the context otherwise requires-

            "appointed day" means 1st April, 1971;

            "Fund" means the Military Pensions Special Fund established by section 3;

            "pension" includes gratuity and other awards.

3.       Establishment of Fund

            There is hereby established a special fund which shall be known as the Military Pensions Special Fund and which shall consist of moneys paid to the Government of Botswana by the Government of the United Kingdom of Great Britain and Northern Ireland for the purpose of payment of military pensions together with any interest on such moneys arising from any investment made under section 7.

4.       Purpose of Fund

            The purpose of the Fund shall be the payment of pensions in respect of soldiers enlisted for service in the African Auxiliary Pioneer Corps and other units or bodies of the British army raised in the former Bechuanaland Protectorate between the 1st June, 1941 and the 28th September, 1955.

5.       Payment from Fund

            There shall be paid out of the Fund pensions currently in issue (including pensions temporarily suspended upon the cessation of the cause of such suspension) immediately before the appointed day, and any other pensions which may become payable on or after the appointed day under the regulations governing the payment of pensions in force immediately before the appointed day or under any regulations made by the Minister under section 8.

6.       Responsibility for administration

            The Permanent Secretary, Ministry of Finance and Development Planning, shall be the public officer responsible for the administration of the Fund.

7.       Investment

S          Notwithstanding anything contained in section 27(4) of the  Finance and Audit Act, moneys held in the Fund which are not required for immediate use may be invested in such manner as the Minister may authorize.

8.       Regulations

            (1) The Minister may make regulations for all purposes necessary for the administration of the Fund and in particular prescribing the rates at which and the conditions subject to which pensions shall be paid out of the Fund and establishing a body or bodies for deciding on the award of pensions.

            (2) Regulations made under subsection (1) shall not prescribe rates at which and conditions subject to which pensions shall be paid which are less favourable than the rates and conditions applicable immediately before the appointed day.