The Retirement Benefits Laws (Amendment) Bill, 2024

31 May 2024 domainSenate Senate Bills No. 31 Gazette: Supplement No. 111 of 2024
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Status Timeline

Proposed

Active now

Public Review

Pending

Debate

Pending

Executive

Pending

Final

Pending

1

KRA Empowered to Issue Agency Notices to Third Parties

Under the proposed amendment to Section 53B of the Retirement Benefits Act (Cap. 197), if an employer fails to remit pension contributions, the KRA Commissioner can issue an 'agency notice' to any third party (such as a bank or debtor) holding money for the employer, requiring them to pay the unremitted amount, interest, and penalties directly to the KRA.

2

Personal Liability for Non-Compliant Third Parties

A third party who, without reasonable cause, fails to comply with an agency notice or a request to provide a financial return within 30 days will be held personally liable for the full amount specified in the agency notice.

3

Strict Timeline for Pension Fund Remittance

Once the Commissioner recovers unremitted funds from a third party, the KRA is obligated under Section 53B(7)(l) to remit those funds to the respective retirement benefits scheme within 30 days of receipt.

4

County Accounting Officers Held Accountable for Pension Obligations

The Bill amends Section 149 of the Public Finance Management Act (Cap. 412A), making it an explicit duty for county government accounting officers to comply with all tax, levy, duty, pension, and audit commitments.

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