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PENSIONS
AND SOCIAL SECURITY DECREE, 1975 (SMCD
8)
As amended by
PENSIONS AND SOCIAL SECURITY
(AMENDMENT) DECREE, 1978 (SMCD
178) 1.
ARRANGEMENT OF SECTIONS
Section
1. Extension of Social Security
Scheme to Public Officers and
Members of Police Force.
2. Restriction of Law Relating to
Pensions.
3. Removal of Doubts as to Persons
Employed after 31st December,
1971.
4. Option for Pension or Social
Security.
4A. Public Officers who Retired
between 1st January, 1972 and 31st
December 1975.
5. Failure to Exercise Option
6. Contribution Towards Pension.
7. Salary for Calculation of
Pension or Gratuity.
8. Section 16 of Cap. 30 and
Section 13 of Teachers’ Pension
Ordinance Amended.
9. Marriage Gratuity.
10. Section 17 of Pensions
Ordinance Replaced.
11. Section 14 of Teachers’
Pension Ordinance Replaced.
12. Regulation 4 of Schedule to
Cap. 30 and Regulation 4 of
Schedule to Teachers’ Pensions
Ordinance Amended.
13. Amendment of Regulation 10 of
Schedule to Cap. 30 and Regulation
8 of First Schedule to Teachers’
Pensions Ordinance.
14. Regulation 18 of Schedule to
Cap. 30 and Regulation 15 of First
Schedule to Teachers’ Pensions
Ordinance Amended.
15. Section 3 of Act 369 Amended.
16. Interpretation.
17. Modification of Existing
Legislation, Etc.
18. Repeals.
BE IT ENACTED by the Supreme
Military Council as follows:—
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 4A—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.
COLONEL I. K. ACHEAMPONG
Chairman of the Supreme Military
Council
Date of Gazette Notification: 1st
September, 1978.
amended by
PENSIONS AND SOCIAL SECURITY
(AMENDMENT) DECREE, 1978 (SMCD
178) 1.
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