Pension Rights of the Governor and the Deputy Governor of Delta State Law

PENSION RIGHTS OF THE GOVERNOR AND THE DEPUTY GOVERNOR OF DELTA STATE LAW

1. Citation. This Law may be cited as the Pension Rights of the Governor and the Deputy Governor of Delta State Law.

2. Interpretation. In this Law unless the context otherwise requires- "Commissioner" means the Commissioner for Finance, Delta State of Nigeria; "Deputy Governor" means the Deputy Governor of Delta State of Nigeria; "Governor" means the Governor of Delta State of Nigeria; "House of Assembly" means the Delta State House of Assembly; "officer" means the Governor or Deputy Governor of Delta State of Nigeria under this Law; "tenure" means four years from the date the oath of allegiance and the oath of office for that term is taken.

3. Entitlement to pension and gratuity. The Governor and the Deputy Governor shall be entitled to such pension and gratuity as stated in the First and Second Schedules to this Law.

4. Issuance of testimonial of completion of tenure. The National Independent Electoral Commissioner in the State shall before the expiration of the tenure of the Governor and Deputy Governor but not later than 30 days to the end of the four-year term, issue a testimonial of completion of tenure of the Governor and the Deputy Governor, which shall be used as a certificate of eligibility by the Accountant- General of the State to pay such pension and gratuity to the Governor and the Deputy Governor.

5. Authorisation of the Accountant-General to pay. The Accountant-General may, when authorised so to do by the testimonial of completion of tenure stated in section 2 of this Law, pay out of the Consolidated Revenue Fund of the State such amount of money as stipulated in the First and Second Schedules of this Law and in such a manner as prescribed by the Law.

6. Entitlement to pension for life and rate. Notwithstanding anything to the contrary contained in any law including the 1999 Constitution of the Federal Republic of Nigeria, a person holding the Office of the Governor or Deputy Governor of the State shall, upon the completion of the tenure as contained in the J999 Constitution of the Federal Republic of Nigeria be entitled to pension for life at a rate of his last annual salary, in addition to any other completion of the four-year term benefit to which he may be entitled (see Second Schedule).

7. Computation of pension or gratuity. (1) Subject to this Law, any pension or gratuity granted hereunder to any person on his completion of the four-year term, shall be computed on the final pay of the person entitled hereto and in accordance with the provisions of the First Schedule to this Law. (2) Pensions and gratuity already under the provisions of any other enactment relating to pensions may be recalculated in order to take account of subsection (2) of this section.

8. Eligibility for pension and gratuity limitations. Subject to the provision of this Law and without prejudice to the provisions of the 1999 Constitution of the Federal Republic of Nigeria, a person who holds the Office of Governor of Deputy Governor of the State, shall be eligible for pension and gratuity unless- (a) he vacates his office at the expiration of a period of four years commencing from the date he took the oath of office; (b) he dies while holding such office before the expiration of his tenure; (c) he was removed from office as a result of impeachment by the House of Assembly.

9. Pension and gratuity chargeable to State Consolidated Revenue Fund. There shall be charged on and paid out of the Consolidated Revenue Fund of the State, such sums of money as from time to time are granted by the State Government by way of pension and gratuity in accordance with this Law.

10. Ineligibility for pension and gratuity. (1) Subject to section 8 of this Law, no pension or gratuity shall be granted under this Law to the Governor or Deputy Governor except on the completion of the four-year term as the Governor or the Deputy Governor of the State. (2) Where the Governor or Deputy Governor mentioned in subsection (1) of this section is required to receive pension and gratuity, he shall immediately become entitled to his pension notwithstanding that he has not attainted the age of forty-five years. (3) Notwithstanding the provision of section 8, and also notwithstanding the joint mandate of the Governor or Deputy Governor, the removal from office of anyone of them shall not invalidate the other officer's eligibility for pension and gratuity

11. Pension and gratuity payable to legal personal representative or person designated. (1) Where the Governor or Deputy Governor dies while in office, the gratuity for the minimum period of qualifying service shall be paid to his legal personal representative or to the person designated by him during his lifetime, a gratuity equal to his two years salary: Provided that where the Governor or Deputy Governor dies before completing the minimum qualifying period of four years, his legal personal representative or survivor shall be paid his two years salary. (2) Any pension payable under subsection (1) of this section shall be paid for a period expiring at the end of one year after his death.

12. Gratuity to survivors of officers dying in the course of official duty. (1) Without prejudice to sections 8 and 11 of this Law, where the Governor or Deputy Governor dies in the course of his official duty and without his own fault, there shall be paid to his next-of-kin or person entitled at the date of his death, in addition to the gratuity payable under this section, such grant to the deceased officer's surviving child or children, widow or widower as provided in section 11 of this Law. (2) For the purpose of this section, the word "child" includes- (a) a posthumous child; (b) a child born out of wedlock; and (c) a stepchild or a child adopted in a planner recognised by law (including Customary or Islamic Law), before the death of the officer and where such child is designated a survivor as stipulated under this Law.

13. Pension for officer incapacitated in the course of official duty. Where the Governor or Deputy Governor who is incapacitated in the course of his official duties has not completed the required four-year term, is eligible for a pension under this Law, the Commissioner may, in lieu of gratuity stipulated in the relevant table in the First Schedule, grant to such officer in addition to injury pension stipulated in table C in the First Schedule to the Law, a pension calculated at the rate of 20 percent of the officer’s accrued pension from the date of the officer’s completion of the four-year term.

14. Pension or gratuity to incapacitated officer may be retrospective. Any award of pension or gratuity under this Law to an incapacitated officer may be made retrospectively, provided that no such award shall be made to take effect before the completion of the four-year term.

15. Gratuity or pension to survivor(s) of officer declared missing. Notwithstanding anything to the contrary contained in any other law, where the Governor or Deputy Governor is declared missing and is not found within a period of one year and a board of inquiry set up by the Commissioner of Police concludes that it is reasonable to presume that the officer has died, the Commissioner for Finance may pay to his next-of-kin or designated survivor(s) a pension or gratuity in accordance with section 5 of this Law.

16. Pension to be paid to next-of-kin or designated survivor(s) of officer who dies within five years after four-year term. Where the Governor or Deputy Governor dies within five years after completion of the four- year term, his next-of-kin or designated survivor(s) shall continue to be paid, for a period expiring at the end of five years from the date of his death, the same pension which the deceased officer was receiving prior to his death but if the next-of-kin or designated survivor(s) so elect, the balance of his pension at his death may be paid forthwith to the said next-of-kin or designated survivor(s).

17. Contiguous and unbroken service only to count as qualifying service. Except as otherwise provided in this Law, only continuous and unbroken service shall be taken into account as qualifying service, so however that any break in service caused by temporary suspension not arising from misconduct may be disregarded for the purposes of the calculation of qualifying service under this Law.

18. Period officer was on vacation not deductible. In calculating a pension or gratuity in accordance with the provisions of this Law, no amount shall be deducted from the pension and gratuity for any period during which the officer was on vacation.

19. No other pension rights for second consecutive tenure. (1) A holder of the rights to pension shall not be entitled to other pension rights if the officer contents again and wins to the same position for a second consecutive tenure. (2) Such holder may at the end of the second tenure apply for the updating of the pensions and gratuity so as to reflect the last annual salary, if at that time there is a change in salary, when compared thereto. (3) If the Deputy Governor after holding the rights to pension as Deputy Governor contests again and wins as Governor of the State, he shall be eligible to the pensions rights of Governor at the end of the tenure while holding the rights of the previous position. The officer has the option to choose which of the two pension rights he may wish to retain.

20. Forfeiture of pension rights for offences relating to pension or gratuity. Any officer who, whether directly or indirectly, whether on behalf of himself or on behalf of any person, enters into or causes to be entered into, any dealing in relation to collecting pension, or holds, receives, or conceals any double pension under this Law, shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding five (5) years and shall forfeit his pension rights thereafter.

21. Offences under this Law. Any person who- (a) attempts to commit any offence under this Law; (b) does any act preparatory to or in furtherance of the commission of any offence under this Law; or (c) abets or is engaged in a criminal conspiracy to commit any offence under this Law; or (d) commits any other offence under this Law, shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years.

22. Period of absence of officer from duty in computation of qualifying service. In the computation of qualifying service, no period during which an officer was absent from duty shall be taken into account unless such absence was for the purpose of utilising a bursary or scholarship awarded to him by the State Government.

23. Pension or gratuity not assignable or transferable, etc. A pension or gratuity granted under this Law shall not be assignable or transferable or liable to be withheld, attached or levied upon for or in response of satisfying- (a) a debt due to the Federal or State Government; or (b) an order of any court for the payment of periodical sums of money towards the maintenance of the wife or former wife or child of the officer to whom the pension and gratuity have been granted.

24. Sum due to the Government and over-payments deductible from pension or gratuity. Where the Commissioner is satisfied that- (a) a sum is due to the State Government from a person to whom a pension or gratuity may or has been awarded under this Law; or (b) an overpayment on account of any such pension or gratuity has been made to any such person by the State Government, the Commissioner may authorise the deduction from the pension or gratuity in respect of that sum or over-payment of such amounts, at such time as the Commissioner may think fit, and the amounts so deducted shall be applied in or toward paying or repaying that sum or over-payment.

25. Commissioner may delegate powers. The Commissioner may by order published in the State Gazette delegate to another person or authority all or any of his powers under this Law. Schedule 1 PENSION RIGHTS OF THE GOVERNOR AND THE DEPUTY GOVERNOR OF DELTA STATE LAW Computation of Pension Benefits TABLE A [Section 16.] Formulae for Calculation of Pension and Gratuity in Respect of Completion of Tenure as Governor or Deputy Governor of the State Duration ofTenure Gratuity as percentage pension as percentage of final pay of final pay 1st four-year term 350% 70% 2nd four-year term 450% 80% TABLE B Formulae for Pension and Gratuity Calculation based on Percentage of Final Salary in Respect of Retirement after 29th May, 2003 Year of qualifying service Gratuity as percentage pension as percentage of final pay of final pay Four year 350% 70% Eight year 450% 80% TABLE C [Section 8 (1).] Incapacity Pension Payable Category Degree of Incapacitation Incapacity Pension payable A Not less than 70% 30% of final pay at date of injury B 50% to 69% 15% of final pay at date of injury C 30% to 49% 10% of final pay at date of injury Schedule 2 PENSION RIGHTS OF THE GOVERNOR AND THE DEPUTY GOVERNOR OF DELTA STATE LAW PART I Tenure Completion Benefit for a Former Governor of the State Personal Staff

1. (1) An officer not below the rank of a chief administrative officer. (2) A personal secretary not below Grade Level 10 who shall be selected by the former Governor and paid by the Government.

2. Security (1) Two armed policemen. (2) One State Security Service Officer not below the rank of DSO, as an aide camp to be attached for life and paid by the State Security Service Agency.

3. Vehicles (1) Three vehicles to be bought by the State Government and liable to be replaced every four years. (2) The driver shall be selected by the former Governor, and paid by the State Government.

4. Protocol (1) Diplomatic passport for life. (2) Entitled to protocol within Nigeria. (3) The former Governor and his spouse shall take the third position after the serving Governor and his Deputy at all State Public functions in order of precedence.

5. Medical service and vacation (1) Free medical treatment for former Governor and his immediate family within Nigeria. (2) Treatment abroad for former Governor and his immediate family where necessary at State Government expense. (3) 156 days annual vacation within Nigeria at State Government expense.

6. Provision of office accommodation A well furnished and equipped office in any location in the State of the choice of the former Governor in the State.

7. Provision of residential accommodation A well furnished five bedroom duplex to be provided in any location in the State of the choice of the former Governor.

8. Telephone One direct telephone line provided at the expense of the State Government, save in a remote area where an alternative mobile unit will be procured and paid by the State Government. Such expense shall be approved by the serving Governor of the State.

9. National flag The National Flag shall be flown at half mast for a period of three days after the death of a former Governor as a sign of State mourning at all buildings in the State. PART II Tenure Completion Benefit for a Former Deputy Governor of the State Personal Staff

1. (1) An officer not below the Grade Level of 12 shall be the administration officer. (2) A personal secretary not below Grade Level 09 who shall be selected by the former Deputy Governor and paid by the State Government.

2. Security (1) Two armed policemen. (2) One State Security Service officer not below the rank of ASO, shall be the chief detail to be attached for life and paid by the State Security Service Agency, who shall be changed in every four years period.

3. Vehicles (1) Two vehicles to be bought by the State Government and liable to be replaced every four years. (2) The drivers shall be selected by the former Deputy Governor, and paid by the State Government.

4. Protocol (1) Diplomatic passport for life. (2) Entitled to protocol within the State. (3) The former Deputy Governor and his spouse shall take the fourth position after the serving Governor and his deputy and a former Governor if present, or in absence of the former Governor, the third position after the serving Governor and his Deputy at all State Public functions in order of precedence.

5. Medical service and vacation (1) Free medical treatment for former Deputy Governor and his immediate family within Nigeria. (2) Treatment abroad for former Deputy Governors and their immediate family where necessary at the State Government expense. (3) Fifteen days annual vacation within Nigeria at State Government expense, such expense shall be approved by the serving Governor of the State.

6. Provision of office accommodation A well furnished and equipped office in any location in the State of the choice of the former Deputy Governor.

7. Provisions of residential accommodation A well furnished four bedroom duplex to be provided in any location in the State of choice of the former Deputy Governor.

8. Telephone One direct telephone line provided at the expense of the State Government, except in a remote area where an alternative mobile unit will be procure and paid by the State.

9. National Flag The National Flag shall be flown at half mast for a period for three days after the death of a former Deputy Governor as a sign of State mourning at all buildings in the State.