TNAG-0205-FCO40-241-Pensions-policy-1970 — Page 118

CONFIDENTIAL

APPENDIX 6

FEDERATION OF RHODESIA AND NYASALAND

1. The Federal Public Service was established in 1953 by the Federation of Rhodesia and Nyasaland (Constitution) Order in Council, 1953. This Order provided for the secondment to the Federal Public Service of certain officers of the three territories. Secondment was compulsory for a period of 2 years and at any time during the next 3 years an officer could revert to or retire from his parent service or transfer. About 5,000 officers finally transferred to the Federal Public Service and over the 10 years of the Federation the Public Service grew to a membership of 35,000 of whom over 15,000 were on pensionable terms of service (about 8,000 Europeans and 7,000 Africans).

2.

An aspect of Federal policy was that the Federal Public Service should be a wholly local public service and officers transferred to it from N Rhodesia and Nyasaland therefore surrendered their expatriate status. Because of the local nature of the Federal Public Service and the fact that the British Government was not concerned with its recruitment or terms of service, no OSAS Agreement was concluded with the Federation.

3. Federal Service pensions for Europeans were provided on a contributory basis under the Federal Fublic Service (European Pensions Branch) Regulations 1955 and contributions were paid into the general revenue until a Federal Pensions Fund was set up in 1956.

4. Immediately prior to the dissolution of the Federation, the funds of the Federal Pensions Fund were transferred to a newly created Central African Pensions Fund and a Central African Pensions Authority set up to pay the Federal pensions from this fund. The responsibility for making good any deficiency in the Fund is shared between the UK Government and the Governments of the 3 territories; the UK Government share is 25% of any deficiency.

· 5. Legal advice in regard to the status of the Federal Public Service is as follows:

"..... Thus, it seems to me, that the Federal Public Service Commission never properly became executive. But, on the other hand, the Secretary of State did not have any control over the Service and wes not in a position to protect the interests of officers in the Service, control being vested in the appropriate Ministers of the Federal Government.

If the reason for deciding that the relevant date is the date on which Public Service Commissions became executive is because on that date officers lost the protection of the Secretary of State, then, it would seem to me that as regards the Federal Public Service the relevant date should be the date on which the officers were transferred from "Territorial Public Service" to the Federal Public Service in accordance with section 9(3) of the Federal Constitution Order in Council,"

CONFIDENTIAL