A PROCLAMATION TO PROVIDE FOR PUBLIC SERVANTS’ PENSION PROCLAMATION No. 714/2011


PART FOUR

PERIOD OF SERVICE AND RETIREMENT AGE

16. Commencement of Period of Service

1/The period of service of a public servant shall begin with the date of his appointment or assignment.

2/Where a public servant working in an enterprise transferred to government ownership has a provident fund which fully covers the contribution due in accordance with the provisions of this Proclamation, the fund shall be paid to the pension fund and his service since the start of the contribution shall be counted; provided, however, that if he has no provident fund, his service shall begin to count as of the date of such transfer.

3/The service that a public servant has rendered in a private organization covered by the Private Organizations Employees Pension Scheme shall be counted as of the date of starting payment of contribution in accordance with the Scheme. For the purpose of counting the service, the organ which administers the Private Organizations Employees Pension Fund shall transfer, within one month, the personal records of the public servant and the pension contributions paid to the Private Organizations Employees Pension Fund to the Civil Service Pension Fund.

17. Calculation of Period of Service

1/ Period of service shall be calculated in complete years, months and days.

2/ Without prejudice to sub-article (2) and (3) of

Article 16 of this Proclamation, the period of service of a public servant shall include all services rendered to different public offices and private organizations covered by the Private Organizations Employees Pension Scheme.

3/ For any public servant the following shall be counted as period of service:

a) period of service beyond retirement age, if lawfully retained in service;

b)period of service spent after re-engagement upon a government decision subsequent to retirement due to age;

c)period of service which was interrupted due to any cause without interruption of payment of salary;

d)period of service spent in any public body or trade union as salaried fulltime elected member;

e)period of service rendered to a public office, without interruption, as a temporary worker if subsequently employed permanently in the same office;

f)period of service spent, upon a government order, in an enterprise where the government capital share is less 50%;

g)period of service spent, upon a government decision, in an international organization;

h)notwithstanding sub-article (4)(a) of this Article, service rendered as member of parliament beyond retirement age;

4/ For any public servant the following shall not be counted as period of service:

a)unless lawfully retained in service, the service he renders as of the first day of the month following that in which he attains retirement age;

b)without prejudice to any treaty to which Ethiopia is a party and sub-article 3(e) of this Article, the service rendered by a naturalized Ethiopian in any public office or private organization covered by pension scheme  before his naturalization

5/Period of service referred to under sub-article (3) from paragraph (c) to (h) of this Article shall be counted as period of service only where the public servant or elected member pays the contributions by himself including that of the employer or causes the employer to effect payments of same.

6/Where a person who has received gratuity or to whom reimbursement of pension contributions has been made pursuant to this Proclamation or the Employees of Private Organization Pension Proclamation is employed or assigned as a public servant, his former service shall, without prejudice to Article 16(3) of this Proclamation, be counted along with the new service; provided, however, that the gratuity or the reimbursed contribution is paid back with interest calculated at bank deposit interest rate.

7/On the basis of studies submitted to it by the

Agency, the Council of Ministers may decide that period of service spent on hazardous jobs or on jobs involving risks to health and life be counted up to twice the actual period of service.

18. Retirement Age

1/ The retirement age of a public servant shall, based on the date of birth registered when he was employed for the first time, be:

a)for a member of the defense force, the age determined by the legislation regulating to the administration of the defense force;

b)for a member of the police, the age determined by the legislation regulating the administration of the police;

c) for other public servant, 60 years.

2/On the basis of studies submitted to it by the

Agency, the Council of Ministers may determine retirement age higher than the age provided for under sub-article (1) of this Article with respect to professions that may deserve special consideration.

3/On the basis of studies submitted to it by the

Agency, the Council of Ministers may determine retirement age lesser than the age provided for under sub-article (1) of this Article for public servants working on hazardous jobs or on jobs involving risks to health and life.

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5 responses

  1. COULD U ATTACHE THE REGULATIONS ALONG THANKS
    UR MAKING OUR TASKS MUCH EASIER BY DOING SO

  2. Adinew Lonseko Chinkiso | Reply

    Your blog is extremely important; however, the soft copies are damaged and can’t be downloaded.

    1. Thanks for the comment. It would be a great help if you could tell which of the file are damaged or may be corrupt.
      I will immediately re-upload the files. As regards downloading, I have already responded to this issue in my previous
      comment. All google document files are downloadable and I advise you to see my comment as regards downloading
      google docs. Click HERE to see.

      1. WASIHUN ASRES T.

        Hi Abrish. Long time no see. i am glad and proud to see your move like this. your good old friend WASIHUN the lawschool. you may reach me using my account at wasabema@gmail.com

  3. pension scheme is good for private employes but before lunching this law government must think MINIMUM WAGES[SALARY]which worker must get.there is no minimum wages act for labour working in any organisation yet due to lack of this law wokers are not getting sufficient money for their lively hood.
    for example any one is getting 400 birr or 500 birr per month how he will manage his family and children education etc

    engineer suraj bhan [working in ethiopia]
    suraj_bhan78@rediffmail.com

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