Retirement benefits in the public service are governed through various laws and regulations, as well as government circulars and directives.
Article 43(1) of the constitution states that every person has the right to social security, whereas Article 43(3) enjoins the State to provide appropriate social security to persons who are unable to support themselves and their dependants.
In line with the constitutional requirement, and the need to ensure social protection for retired government workers, the government provides retirement benefits for all public service workers.
In July 2017, SRC issued Gazette Notices on remuneration and benefits for State officers, including the president, deputy president and State officers. Further, the Council of Governors was guided in setting up a retirement scheme for State officers in county governments.
It was determined that there shall be two types of retirement benefits for State officers in the county governments – Pension and Gratuity. An employee may opt for either of the benefits.
In addition, where an employee opts for gratuity, the applicable conditions and rates shall apply, as set by SRC.
Where an employer establishes a pension scheme for its State officers, the following guidelines shall apply:
On 24 November 2010, the National Treasury issued Circular No. 18 of 2010, that set various scheme parameters to be met and maintained by all public service retirement benefits schemes.
The circular went into effect from 1 January 2011, and provided the following parameters:
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Retirement benefits for some State officers and other public officers are provided and regulated through Acts of Parliament, which provide the entitled persons, eligibility criteria, benefits to be provided, and other rules to guide on provision of the benefits