JUDICIAL OFFICERS (ADMINISTRATION OF PENSIONS) BILL, 2018

ARRANGEMENT OF SECTIONS

SECTION

  1. Responsibility for the administration and payment of pension of Judicial Officers.
  1. Law applicable to the pension rights of the Judicial Officers.
  1. Authentic age of judicial officers and notice of retirement.
  1. Annual budgetary request for pension liability purposes.
  1. Interpretation.
  1. Repeal of the Federal Judicial Officers (Administration of Pensions) Act
  2. Citation.

A BILL FOR AN ACT TO VEST THE ADMINISTRATION OF THE PENSIONS OF JUDICIAL OFFICERS IN THE NATIONAL JUDICIAL COUNCIL AND FOR RELATED MATTERS.

 BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:

  1. Responsibility for the administration and payment of pension of Judicial Officers

(1) As from the commencement of this Act, the responsibility for the administration and payment of pension to all Judicial Officers of Superior Courts of Record in Nigeria who had retired before or will retire after the commencement of this Act from the Federal or any State Judicial Service of the Federal Republic of Nigeria, is hereby, to the exclusion of any other law enacted by any State of the Federation, vested in the National Judicial Council.

(2) All the authorities in the States that were charged with the administration of the pensions of judicial officers prior to the commencement of this Act, shall, within three months from the commencement of this Act, transfer to the National Judicial Council all records, files and other documents connected with the administration and payment of pension of Judicial Officers.

  1. Law applicable to the pension rights of Judicial Officers

The provisions of the Pension Rights of Judges Act shall continue to apply and the
Pensions Reform Act shall continue to apply and shall, in addition to this Act, regulate
the pension right of Judges in accordance with the provisions of the Act.

  1. Authentic age of judicial officers and notice of retirement

(1) From the commencement of this Act, the retiring age of a judicial officer shall be
determined by the age submitted by him upon entering the Civil Service or the Judicial
Service of the Federation or a State, as the case may be.

(2) A judicial officer shall serve on the National Judicial Council a notice of retirement not less than three months of his intention to retire.

  1. Annual budgetary request for pension liability purposes

The National Judicial Council shall include the pension requirements of retired or re-
tiring judicial officers in the annual budget submitted to the National Assembly.

  1. Interpretation
    In this Act-

“judicial officer” has the meaning assigned thereto by Section 318 (1) of the Constituion of the Federal Republic of Nigeria, 1999 (as amended)

“pensions” includes gratuities and other retirement benefits payable to any Judicial Officer upon retirement under this Act or any other law.

  1. Repeal of the Federal Judicial Officers (Administration of Pensions) Act

The Federal Judicial Officers (Administration of Pensions) Act (as amended)  is hereby repealed.

  1. Citation

This Act may be cited as the Judicial Officers (Administration of Pensions) Act,
2018.

EXPLANATORY MEMORANDUM

This Bill seeks to vest the Administration of the Retirement Benefits and Pensions of Judicial Officers of Superior Courts of Record in Nigeria in the National Judicial Council, Repeal the Federal Judicial Officers (Administration of Pensions) Act (as amended) by Re-enacting the Act to cover also State Judicial Officers and for Other Matters Related.