DEFENCE INTELLIGENCE AGENCY CIVILIAN PENSIONS BOARD (ESTABLISHMENT) ACT, 2019

1 There is established a Pensions Board (in this Act referred to as "the Board") charged with the responsibility for managing payment of pensions and gratuities to civilian personnel of the Agency.

2 The Board shall consist of a Chairman and members appointed by the Chief of Defence Intelligence (CDI) which members shall be beneficiaries under the Scheme.

3 This Act applies to all personnel of the Agency including those who had retired before the commencement of this Act.

4 The retirement benefits of personnel referred to in subsection (2) is adjusted to be commensurate with this Act.

1 Subject to this Act, any pension and gratuity payable to any personnel under this Act is computed in accordance with the provisions of the Agency's Regulations and as set out in the Schedule to this Act. [Schedule]

2 In computing pensionable service and qualifying service for the purpose of this Act, any period of service over six months and not included in a completed year shall, for the purpose of the Schedule to this Act as it relates to personnel entitled to a pension, count as one year. [Schedule]

There shall be charged on and paid, out of the Consolidated Revenue Fund of the Federation, all such sums of money as may be granted by the Federal Government by way of pension and gratuity in accordance with this Act.

1 A pension or gratuity shall not be granted under this Act to any personnel except on his retirement from the Agency-
a after serving for 35 years or having attained the age of 60 years, whichever is earlier;
b upon voluntary retirement after serving for at least 10 years;
c upon compulsory retirement under section 5 (1) of this Act;
d upon compulsory retirement for the purpose of facilitating improvements in the Agency, so that greater efficiency or economy may be effected;
e at any time on medical ground, to the satisfaction of the Medical Board, that the personnel is incapable by reason of any infirmity of mind or body of discharging his and that such infirmity is likely to be permanent;
f on voluntary withdrawal after having put in at least five years but less than ten years continuous service as a personnel:
Provided that:
(i) in respect of paragraphs (c)-(e), if the personnel has served for at least five years but less than ten years before his retirement, he is entitled only to a gratuity as specified in the appropriate Column of the Table in the Agency Regulations;
(ii) if the personnel has served for at least three years but less than five years before he is required to retire, he is entitled to an ex-gratia gratuity calculated on pro-rata basis at the rate of 10% for every completed year of service.

2 Where a personnel retires under subsection (1)(f)(i) and-
a has completed five years but not up to ten years in service, he is entitled only to a gratuity;
b has served for at least ten years, he is entitled to a pension;
c is required to retire after ten years qualifying service under subsection (1) (c)-(e), he is entitled to pensions immediately on retirement even though he has not attained the age of 45 years.

1 The Agency may require a personnel to retire from the Agency at any time after he has attained the age of 45 years subject to three months' notice in writing of such requirement being given to the personnel.

2 A personnel may, on compassionate grounds, be allowed to resign, withdraw or retire from service, as the case may be, in accordance with the Agency Regulations.

1 A pension granted to a personnel or other rank under this Act shall not be less than 40% of his total emolument.

2 For the purpose of this section, an additional pension granted in respect of injury shall not be taken into account, but where the personnel is granted such an additional pension under this Act, the amount so granted together with the remainder of his pension under this Act shall not exceed 100% of his highest pensionable emolument at any time in the course of his service.

1 Where a personnel dies in the course of official duty, there shall be paid to his next of kin a gratuity to which the personnel may be entitled to at the date of his death.

2 Where a personnel dies before completing the minimum period of qualifying service, his next of kin shall be paid a death gratuity of one year's salary only.

3 Any pension payable under subsection (1) is paid to any person entitled thereto for a period expiring at the end of five years after the death of the personnel, a lump sum representing five years pensions may be paid immediately to the person entitled to it.

Where a personnel dies within five years after retirement, his next of kin shall continue to be paid, for a period which shall expire at the end of five years from the date of his retirement, the same pension which the deceased personnel was receiving prior to his death, but if the next of kin so elects, the balance of the pension at death may be paid immediately to the said next of kin.

1 A personnel who wishes to retire from the Agency after serving for ten years or more shall give three months notice or pay the Agency the equivalent of three months' salary in lieu of notice.

2 A personnel who wishes to withdraw from the Agency after serving for at least five years but not up to ten years shall give the Chief of Defence Intelligence one month's notice of his intention to withdraw from the Agency or pay one month's salary in lieu of such notice.

1 A pension or gratuity granted under this Act is not assignable, transferable or liable to be attached, sequestrated or levied upon for or in respect of any debt or claim whatsoever, except for the purpose of satisfying-
a a debt due to the Federal Government; or
b an order of a Court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child of the personnel to whom the pension or gratuity has been granted.

2 The Board shall secure and maintain a group life assurance policy for personnel of the Agency with reputable insurance companies.

3 The Board shall ensure budgetary allocation for this policy.

Where the Board is satisfied that-
a a sum is due to the Federal Government from a person to whom a pension or gratuity is due under this Act,
b an overpayment on account of a pension or gratuity has been made to any person by the Federal Government,
the Board may authorise the deduction from the pension or gratuity, in respect of that sum or over payment of such amounts at such times as it may deems fit, and the amounts go deducted are applied in or towards paying or repaying that sum or overpayment.

1 The Board may, by order published in the Gazette, delegate to another person or authority all or any of its powers under this Act.

2 The delegation of a power under subsection (1) does not prevent the Board from continuing to exercise the power if it deems fit.

1 The Management of the Agency may make provisions for the structure, personnel and other matters of the Board for carrying into effect the provisions of this Act.

2 Whenever the Board is satisfied that it is equitable that any regulation made under this section shall have retrospective effect in order to confer a benefit upon or remove a disability attached to any person, that regulation may be given retrospective effect for that purpose.

In this Act-
"basic pay" means the daily rate of pay due and payable to a personnel, but does not include allowances;

"Chief of Defence Intelligence" means the Chief of Defence Intelligence of the Defence Intelligence Agency (DIA);

"Federal Government" means the Federal Government of Nigeria;

"Gazette" means the official gazette of the Agency;

"last pay" in relation to a personnel whose appointment has been terminated, means the amount payable to him for a month (or if he was on a daily rate of pay, for 31 days multiplied by 12 in respect of the last substantive rank held by him immediately before the end of his employment;

"lodging" means the provision of furnished accommodation, fuel and light and personal service;

"medical board" means any medical board appointed by the Management of the Agency or by any other person pursuant to a delegation under section 12 of this Bill, to assess the degree of disablement of personnel;

"next of kin" means any person documented by the staff who can legitimately claim entitlements of the staff in the event of death on behalf of the beneficiaries;

"civilian officer" means a civilian personnel on the rank of Intelligence Officer (10 Il and above);

"Pension Account" means the pension account domiciled in the CBN and dedicated to the payment of pension and gratuities managed by personnel appointed by the Board

“pensionable emoluments" in respect of a personnel, means the salary attached to the last substantive rank held by the personnel but does not include any allowance whatsoever;

"pensionable service" means service in the Defence Intelligence Agency (including service or employment under the Government of the Federation or of a State or any other employment approved by the Agency and which has been transferred to the Agency) which may be taken into account in determining whether an officer is eligible by length of service, for a pension or gratuity;

"personnel" means officers and staff in the employment of the Agency;

"qualifying service" means service in the Defence Intelligence Agency (including service or employment in the public service or any other employment which may be approved by the Defence Intelligence Agency) which may be taken into account in determining whether an officer is eligible by length of service for a pension or gratuity;

"retirement" means cessation of service after an officer has served for a period of not less than five years or for a period of not less than ten years, being periods respectively appointed as qualifying an officer for gratuity and pension;

"staff' means a personnel below the rank of Intelligence Officer Il (10 Il) in the Agency;

"termination" in relation to a personnel's employment, means termination of full pay service by retirement, discharge or otherwise;

"the Agency" means the Defence Intelligence Agency (DIA);

"the Board" means the body charged with the responsibility for the administration of the pensions and gratuities of the civilian personnel of the Agency.

This Act may be cited as the Defence Intelligence Agency Civilian Pensions Board (Establishment) Act, 2019.