PENSIONS AND SOCIAL SECURITY ACT - 1975 (SMCD 8)

• Section - 1 - Extension Of Social Security Scheme To Public Officers And Members Of Police Force.

  • Subject to the provisions of this Decree, unless expressly exempted by or under any enactment relating to social security or pensions, and in force after the commencement of this Decree, all persons in the public service or Police Force on or after the first day of January, 1972 shall be deemed to be members of the Social Security Fund in respect of any service rendered by them on or after that date in the public service or Police Force.
    

• Section - 2 - Restriction Of Law Relating To Pensions.

  • Subject to the provisions of this Decree, the service of any person in the public service or Police Force on or after the first day of January, 1972, shall not be pensionable service for the purpose of any law relating to pensions and accordingly, that law shall, subject as aforesaid, be deemed to have ceased to apply to any such person in respect of service on or after that date.
    

• Section - 3 - Removal Of Doubts As To Persons Employed After 31st December, 1971.

  • For the removal of doubts, it is hereby declared that all persons first employed in the public service or Police Force on or after the first day of January, 1972 shall, unless otherwise exempted under any enactment relating to social security or pensions and in force after the commencement of this Decree be deemed to be, from the date of such employment, members of the Social Security Fund and, accordingly, any law relating to pensions shall not apply to service rendered by them in the public service or Police Force.
    

• Section - 4 - Option For Pension Or Social Security.

  • (1) Notwithstanding anything to the contrary in any other enactment, any person who on the first day of January, 1972 became a member of the Social Security Fund and who immediately before the said date held a pensionable office in the public service or Police Force, shall be given twelve months within which to opt either:-
    
    (a) to have his eligibility for, and the amount of his pension to be determined in accordance with any law relating to pensions and applicable to him immediately before that date (as from time to time amended); or
    
    (b) to continue to be a member of the Social Security Fund.
    
    (2) An option exercised under subsection (1) of this section, once exercised shall not be revocable;
    
    (3) Any person who exercises the option in the manner specified under subsection (1) (a) of this section shall be deemed never to have been a member of the Social Security Fund and accordingly, the law relating to pensions applicable to him on the 31st day of December, 1971 shall, subject to any amendments thereto other than by the Social Security (Application to Public Servants) Decree, 1973 (N.R.C.D. 190) be deemed to have continued to apply to him in respect of service rendered by him in the public service or Police Force after that date.
    
    (4) Where a person opts in the manner specified in subsection (1) (b) of this section then the law relating to pensions applicable to him on the 31st day of December, 1971 as subsequently amended, shall apply to his service in the public service or Police Force before the first day of January, 1972 as if there were no requirement of a minimum period of qualifying service and confirmation in his office for the grant of such pension and, without prejudice to the generality of the foregoing, regulation 4 of the Schedule to the Pensions Ordinance (Cap. 30) and regulation 4 of the First Schedule to the Teachers' Pensions Ordinance, 1955 (No. 23 of 1955) shall be deemed to be amended accordingly.

• Section - 4 - (A) Public Officers Who Retired Between 1st January, 1972 And 31st December 1975.

  • (1) Notwithstanding anything to the contrary, any person whose service from the 1st day of January, 1972 up to the date he retired from the public service or the Police Force would have been pensionable but for the Social Security (Application to Public Servants) Decree, 1973 (N.R.C.D. 190) shall be deemed to have exercised an option in the manner specified in subsection (1) (a) of section 4.
    
    (2) The gratuity and pension of any such person shall be calculated on the basis of the final pensionable emoluments drawn by him on the date of his retirement, and on the pension constant applicable at the time of retirement.
    
    (3) Any social security benefits drawn by any such person shall be deducted from his re-computed award. [As inserted by Pensions and Social Security (Amendment) Decree 1978 (SMCD 178) s. 1(a)].

• Section - 5 - Failure To Exercise Option

  • (1) Where a person to whom section 4 of this Decree applies fails for any reason to exercise the option conferred on him within the twelve-month period allowed him under that section, then unless the Supreme Military Council otherwise directs, he shall be deemed to have exercised an option in the manner specified in subsection (1) (b) of the said section.
    
    (2) Where a person to whom section 4A of this Decree applies has died without exercising an option under section 4 he shall be deemed to have exercised an option in the manner specified in subsection (1) (a) of the said section 4."; and. [As substituted by Pensions and Social Security (Amendment) Decree 1978 (SMCD 178) s. 1(b)]

• Section - 6 - Contribution Towards Pension.

  • (1) Notwithstanding anything to the contrary, any person to whom subsection (3) of section 4 of this Decree applies shall continue to contribute towards his pension an mount equal to five per centum of his salary and such amount shall be deducted monthly at source and his employer shall also continue his contribution of twelve and a half per centum as before the commencement of this Decree and the Social Security and National Insurance Trust shall hold the employee's and employer's contributions under this section on such terms as the Government may from time to time direct.
    
    (2) Any contributions made to the Social Security Fund by any such officer before his option takes effect shall be deemed to be contributions towards his pension.

• Section - 7 - Salary For Calculation Of Pension Or Gratuity.

  • (1) Subject to the provisions of this section, the final annual emoluments within the meaning of the law relating to pensions applicable to him, enjoyed by a person at the date of retirement shall be the emoluments on the basis of which his pension shall be calculated.
    
    (2) Where a person exercises or is deemed to have exercised an option in the manner specified in subsection (1) (b) of section 4 of this Decree, his pension in respect of any period falling before the 1st day of January, 1972 shall be calculated on the basis of the approved annual pensionable emoluments attached at the time he retires to the post held by him on the 31st day of December, 1971 within the meaning of any law relating to pensions applicable to his post.
    
    (3) In the case of a person who retires from the public service or the Police Force on or after the first day of January, 1976, where such person has been allowed (whether before or after such date) to transfer from the public service or the Police Force in respect of which his pension fall to be calculated to other employment, service in relation to which is not permitted to be taken into account for the calculation of such pension under the law relating to pensions under which the pension is to be calculated, the pensionable emoluments to be used in calculating his pension shall be the approved annual pensionable emoluments within the meaning of the said law attached, at the time he retires, to the post held by him immediately before his said transfer.

• Section - 8 - Section 16 Of Cap. 30 And Section 13 Of Teachers' Pension Ordinance Amended.

  • (1) Subsection (2A) of section 16 of the Pensions Ordinance (Cap. 30) (as inserted by Act No. 48 of 1958) is hereby amended by the insertion at the end thereof of the following proviso:-
    
    "Provided that for the purpose of computation of the gratuity payable under paragraph (a) of this subsection, the said regulation 26 shall be read as if there were substituted for the words 'three-fourths' appearing in subregulation (1) thereof, of the words 'one-half'.
    
    (2) Subsection (2A) of section 13 of the Teachers' Pensions Ordinance, 1955 (No. 23 of 1955) (as inserted by Act No. 44 of 1959) is hereby amended by the insertion at the end thereof the following new proviso:-
    
    "Provided that for the purposes of computation of the gratuity payable under paragraph (a) of this subsection the said regulation 19 shall be read as if there were substituted for the words 'three-fourths' the words "one-half."
    
    (3) The amendments made by this section apply only in respect of persons dying on or after the first day of January, 1976.

• Section - 9 - Marriage Gratuity.

  • Notwithstanding the provisions of regulation 76 of the Civil Service (Interim) Regulations, 1960 (L.I. 47) gratuity may be granted to a female civil servant who retires from the public service in accordance with the first proviso of section 7 of the Pensions Ordinance (Cap. 30) and also with regulation 6 or 13 of the Schedule to that Ordinance.
    

• Section - 10 - Section 17 Of Pensions Ordinance Replaced.

  • For section 17 of the Pensions Ordinance (Cap. 30) there is hereby substituted the following new section:-
    
    17. "Pensions to Dependants when an Officer dies in the Service.
    
    (1) Where an officer dies while in the public service, the Supreme Military Council may grant, in addition to the grant, if any, made under section 16-
    
    (i) if the deceased officer leaves a spouse, a pension to the spouse, while unmarried, at a rate not exceeding one-fourth of the annual pensionable emoluments of the deceased at the date of his death;
    
    (ii) if the deceased officer leaves a spouse to whom a pension is granted under the preceding paragraph and a child or children, a pension in respect of each child, until such child attains the age of twenty-one years, of an amount not exceeding one-fourth of the pension prescribed under the preceding paragraph;
    
    (iii) if the deceased officer leaves a child or children, but does not leave a spouse or no pension is granted to the spouse, a pension in respect of each child, until such child attains the age of twenty-one years, of double the amount prescribed by the preceding paragraph;
    
    (iv) if the deceased officer leaves a child or children and a spouse to whom a pension is granted under paragraph (i) and the spouse subsequently dies, a pension in respect of each child as from the date of the death of the spouse until such child attains the age of twenty- one years, of double the amount prescribed in paragraph (ii);
    
    (v) if the deceased officer does not leave a spouse, or if no pension granted to his spouse, and if his parent was wholly or mainly dependent on him for support, a pension to the parent, while without adequate means of support, of an amount not exceeding the pension which might have been granted to the spouse of the deceased:
    
    Provided that-
    
    (a) pensions shall not be payable under this subsection at any time in respect of more than six children;
    
    (b) a pension granted to a parent under paragraph (v) shall cease as from the date of re-marriage of that parent; and if it appears to the Supreme Military Council at any time that the parent is adequately provided with other means of support, such pension shall cease as from such date as the Supreme Military Council may determine;
    
    (c) a pension granted to a child under this section shall cease upon the marriage of such child under the age of twenty-one years;
    
    (d) where a deceased officer leaves more than one widow or children born of more than one marriage, or any persons wholly or in part dependent upon him for their support, or it is for any other reason impracticable to grant a pension or pensions in the manner prescribed in any of the preceding provisions of this subsection, the Supreme Military Council may grant a pension or pensions, not exceeding in the aggregate the total value of the pensions which might be granted at any one time under the said provisions, to such widows, children or dependants:
    
    Provided that the amount of any one pension shall not exceed in the case of one or more adult persons or in the case of a child the pension which might have been granted to a spouse or a child respectively under the said provisions;
    
    (e) where as a result of the death of two officers married to each other pensions are payable to a child or children of such marriage under this section, only the higher of the two pensions may be paid to any such child or children unless the Supreme Military Council otherwise directs.
    
    (2) In the case of an officer not holding a pensionable office, the expression "pensionable emoluments " in subsection (1) shall mean the emoluments enjoyed by him which would have been pensionable emoluments if the office held by him had been a pensionable office.
    
    (3) For the purposes of this section the word "spouse", means a sole spouse.
    
    (4) For the purposes of this section the word "child" shall include-
    
    (a) a posthumous child;
    
    (b) a step-child or illegitimate child wholly or mainly dependent upon the deceased officer for support; and
    
    (c) an adopted child, adopted in a manner recognised by law, and dependent as aforesaid.
    
    (5) This section shall not apply in the case of the death of any officer if his "dependants", as defined in the Workmen's Compensation Act, 1963 (Act 174), are entitled to compensation thereunder."

• Section - 11 - Section 14 Of Teachers' Pension Ordinance Replaced.

  • For section 14 of the Teachers' Pensions Ordinance, 1955, there is hereby substituted the following new section:-
    
    14. "Pensions to Dependants when a Teacher dies in the Service.
    
    (1) Where a teacher dies while in teaching service the Supreme Military Council may grant, in addition to the grant, if any, made under section 13-
    
    (i) if the deceased teacher leaves a spouse, a pension to the spouse, while unmarried at a rate not exceeding one-fourth of the annual pensionable emoluments of the deceased at the date of his death;
    
    (ii) if the deceased teacher leaves a spouse to whom a pension is granted under the preceding paragraph and a child or children, a pension in respect of each child, until such child attains the age of twenty-one years, of an amount not exceeding one-fourth of the pension prescribed under the preceding paragraph;
    
    (iii) if the deceased teacher leaves a child or children but does not leave a spouse or no pension is granted to the spouse a pension in respect of each child, until such child attains the age of twenty-one years, of double the amount prescribed by the preceding paragraph;
    
    (iv) if the deceased teacher leaves a child or children and a spouse to whom a pension is granted under paragraph (i) and the spouse subsequently dies, a pension in respect of each child as from the date of the death of the spouse until such child attains the age of twenty-one years of double the amount prescribed in paragraph (ii);
    
    (v) if the deceased teacher does not leave a spouse, or if no pension is granted to his spouse, and if his parent was wholly or mainly dependent on him for support, a pension to the parent, while without adequate means of support, of an amount not exceeding the pension which might have been granted to the spouse of the deceased:
    
    Provided that-
    
    (a) -pensions shall not be payable under this subsection at any time in respect of more than six children;
    
    (b) a pension granted to a parent under paragraph (v) shall cease as from the date of re-marriage of that parent; and if it appears to the Commissioner responsible for Education at any time that the parent is adequately provided with other means of support, such pension shall cease as from such date as the Commissioner may determine;
    
    (c) a pension granted to a child under this section shall cease upon the marriage of such child under the age of twenty-one years;
    
    (d) where a deceased teacher leaves more than one widow or children born of more than one marriage, or any persons wholly or in part dependent upon him for their support or it is for any other reason impracticable to grant a pension or pensions in the manner prescribed in any of the preceding provisions of this sub-section, the Supreme Military Council may grant a pension or pensions, not exceeding in the aggregate the total value of the pensions which might be granted at any one time under the said provisions to such widows, children or dependents;
    
    Provided that the amount of any one pension shall not exceed in the case of one or more adult persons or in the case of a child the pension which might have been granted to a spouse or a child respectively under the said provisions;
    
    (e) where as a result of the death of two officers married to each other, pensions are payable to a child or children of such marriage under this section, only the higher of the two pensions may be paid to such child or children unless the Supreme Military Council otherwise directs.
    
    (2) For the purposes of this section-
    
    "child" includes-
    
    (a) a posthumous child;
    
    (b) a step-child or illegitimate child wholly or mainly dependent upon the deceased teacher for support; and
    
    (c) an adopted child, adopted in a manner recognised by law and dependent as aforesaid;
    
    "spouse"means a sole spouse;
    
    "teaching service", notwithstanding the definition contained in section 2 of this Ordinance, includes service which would be teaching service if the service were not on terms of employment which provide specifically for a gratuity or resettlement grant on cessation of employment or that the employment is temporary employment; and
    
    "pensionable emoluments" in a case where the definition of the expression "teaching service" is extended for the purposes of this section, means the emoluments of the deceased teacher which would have been pensionable had he been employed on pensionable terms.
    
    (3) This section shall not apply in the case of the death of any teacher if his "dependents" as defined in the Workmen's Compensation Act, 1963 (Act 174) are entitled to compensation thereunder." [As substituted by Pensions and Social Security (Amendment) Decree 1978 (SMCD 178) s. 1(c)].

• Section - 12 - Regulation 4 Of Schedule To Cap. 30 And Regulation 4 Of Schedule To Teachers' Pensions Ordinance Amended.

  • (1) Regulation 4 of the Schedule to the Pensions Ordinance (Cap. 30) (as inserted by the Pensions (Amendment) Decree, 1972, (N. R.C.D. 74)) is hereby amended by the substitution for the words "one-six hundredth" occurring therein of the words "one-four hundred and eightieth".
    
    (2) Regulation 4 of the First Schedule to the Teachers' Pensions Ordinance, 1955 (as inserted by the Pensions (Amendment) Decree, 1972 (N.R.C.D. 74)) is hereby amended by the substitution for the words "one-six hundredth" occurring therein of the words "one-four hundred and eightieth".
    
    (3) The amendments made by this section shall come into force on the first day of January, 1976.

• Section - 13 - Amendment Of Regulation 10 Of Schedule To Cap. 30 And Regulation 8 Of First Schedule To Teachers' Pensions Ordinance.

  • (1) Regulation 10 of the Schedule to the Pensions Ordinance (Cap. 30) is hereby amended by the substitution for paragraph (b) thereof of the following new paragraph-
    
    "(b) in the case of any other officer, at the rate of one-four hundred and eightieth part";
    
    (2) Regulation 8 of the First Schedule to the Teachers' Pensions Ordinance, 1955 is hereby amended by the substitution for the words "one-eight hundredth" of the words "one-four hundred and eightieth".
    
    (3) The amendments made by this section shall only apply to Ghanaians retiring on or after the first day of January, 1976.

• Section - 14 - Regulation 18 Of Schedule To Cap. 30 And Regulation 15 Of First Schedule To Teachers' Pensions Ordinance Amended.

  • (1) Paragraph (a) of regulation 18 of the Schedule to the Pensions Ordinance (Cap. 30) is hereby amended by the substitution for all the words beginning with "one-half" to the end of that paragraph of the words "that period may be taken into account."
    
    (2) Sub-regulation (1) of regulation 15 of the Teachers' Pensions Ordinance, 1955 is hereby amended by the substitution for all the words beginning with "one-half" to the end of that sub-regulation of the following:-
    
    "that period may be taken into account:
    
    Provided that where gratuity would otherwise have been payable or has been paid in respect of that period or part thereof, such gratuity shall not be payable or if paid shall be refunded if such period is taken into account ".
    
    (3) The amendments made by this section shall come into force on the first day of January, 1976.

• Section - 15 - Section 3 Of Act 369 Amended.

  • (1) Section 3 of the Pensions (Amendment) Act, 1971 (Act 369) is hereby amended-
    
    (a) in subsection (1) thereof, by the repeal of the words "within six years".
    
    (b) by the substitution for the words "twelve years" in each place where they occur in that subsection, of the words "twenty years".
    
    (2) The amendment made by this section shall apply only in respect of persons dying on or after the first day of January, 1976.

• Section - 16 - Interpretation.

  • (1) In this Decree, unless the context otherwise requires:-
    
    "laws relating to pensions" includes the Pensions Ordinance, (Cap. 30), the Teachers' Pensions Ordinance, 1955 (No. 23), sections 126 and 127 of the Local Government Act, 1961 (Act 54), paragraph 8 of the Public Service Commission Decree, 1969 (N.L.C.D. 393) any pensions scheme to which that paragraph applies and any similar enactment relating to pensions, gratuities or allowances in respect of service in the public service or Police Force.;
    
    "pension" includes gratuity;
    
    "pensionable officer" has the meaning assigned to that expression in the Pensions Ordinance (Cap. 30) and the Teachers' Pensions Ordinance, 1955 (No. 23);
    
    "public service" includes service in any civil capacity of the Government the emoluments attaching to which are paid directly from the Consolidated Fund, or directly out of moneys provided by the Supreme Military Council and service with any statutory Corporation established entirely out of public funds or out of moneys provided by the Supreme Military Council;
    
    "Social Security Fund" means the Social Security Fund within the meaning of the Social Security Decree, 1972 (N.R.C.D. 127) or in relation to any period falling before the 1st day of July, 1972, within the meaning of the Social Security Act, 1965 (Act 279).
    
    (2) Any reference in this Decree to the Police Force shall, in relation to any period falling before the commencement of the Police Service (Amendment) Decree, 1974 (N.R.C.D. 303) be deemed to include a reference to the Police Service.
    
    (3) Any reference to the Police Force in this Decree shall not be taken to prejudice the right of any person to pension, gratuity or other allowance or other benefit whatsoever under any laws relating to pensions.

• Section - 17 - Modification Of Existing Legislation, Etc.

  • (1) Any enactment in existence immediately before the coming into force of this Decree shall have effect subject to such modification as may be necessary to give effect to the provisions of this, Decree.
    
    (2) The Chairman of the Supreme Military Council may, by legislative instrument make such modifications in any such enactment as may appear to him expedient for the purpose of giving full effect to the provisions of this Decree.
    
    (3) The Chairman of the Supreme Military Council may also, by legislative instrument or by directions in writing, make such provision as may be expedient for giving full effect to the provisions of this Decree or for removing any doubts as to the effect of this Decree.

• Section - 18 - Repeals.

  • (1) The following provisions are hereby repealed or revoked as the case may be-
    
    (a) regulations 9 (2) (c), 9 (3) (b), 17, 19 and 24 (4) of the Schedule to the Pensions Ordinance (Cap. 30);
    
    (b) regulation 14 of the First Schedule to the Teachers' Pensions Ordinance, 1955;
    
    (c) section 4 (c) of the Pensions (Amendment) Ordinance, 1953 (appearing in 1952-1954 Supplement of Laws of the Gold Coast, page 115);
    
    (d) section 11 of the Pensions (Amendment) Ordinance, 1957 (No. 5 of 1957);
    
    (e) the Pensions (Amendment of Regulations) Order, 1957 (L.N. 211 of 1957);
    
    (f) section 4 of the Pensions (Amendment) Act, 1971 (Act 369); and
    
    (g) the Social Security (Application to Public Servants) Decree, 1973 (N.R.C.D. 190).
    
    (2) This section shall come into force on the 1st day of January, 1976.
    
    Made this 23rd day of December, 1975.