Section 5: Application of Pensions Act to employment in the service of institutes, etc.

(1) The Federal Civil Service Commission may by order declare that the office of the director of an institute or of any person employed by an institute shall be a pensionable office for the purposes of the Pensions Act; and any order made under an enactment repealed by virtue of this Act declaring that an office under an institute or committee abolished by virtue of this Act is a pensionable office for the purposes of that Act, or of pensions enactments superseded by that Act, shall be deemed to have been duly made in pursuance of this subsection, with effect from the day (if any) specified by the order, in respect of any corresponding office in the service of an institute established by this Act.
(2) The Pensions Act shall, in its application by virtue of the foregoing subsection to any office, have effect as if---
(a) the office were an office in the civil service of the Federation within the meaning of the Constitution of the Federal Republic of Nigeria;
(b) the references to the Minister of the Government of the Federation responsible for pensions in paragraph (1) of section 21 of that Act were references-
(i) in the case of the office of director of an institute, to the Minister within the meaning of this Act; and
(ii) in any other case, to the Council of the relevant institute; and
(c) section 4 of that Act (which relates to compulsory retirement) were omitted.
(3) Nothing in subsection (1) or (2) of this section shall prevent the appointment of a person to any office on terms which preclude the grant of a pension or gratuity in respect of service in that office.
(4) So much of section 3 of the Pensions Act as prevents the grant of benefits under that Act in respect of a person retiring before a specified age shall not apply in relation to the retirement of an expatriate officer within the meaning of that Act who-
(a) retires, either before or after the commencement of this Act, from an office which was or is a pensionable office by virtue of any such order as is mentioned in subsection (1) of this section; and
(b) held, on or before 1 October, 1962, any such office as is mentioned in paragraph (a) of this subsection.