Members of the Retirement Benefits Appeals Tribunal

Retirement Benefits Appeals Tribunal is expressly vested with jurisdiction to hear appeals by any person aggrieved by a decision of Retirement Benefits Authority or its Chief Executive Officer. The appeals should be filed within thirty days of receipt of the decision from the Authority or its CEO.

In the hearing of appeals, the Tribunal has the powers of a subordinate court of the first class to summon witnesses, to take evidence upon oath or affirmation and to call the production of books and other documents.

The Tribunal has power to award costs of any proceedings before it by issuing a certificate of costs and to direct that such costs be paid in accordance with the prescribed scales. Where costs have been awarded, the party may file the certificate of costs in the High Court and upon being so filed, shall be deemed to be a decree of the High Court and executed as such.

Any interested party before the Tribunal may be represented by an advocate or by any other person whom the Tribunal may in its discretion admit on behalf of the party.

The Retirement Benefits Appeals Tribunal is established under Section 47 of the Retirement Benefits Act. Under this provision, the Tribunal shall consist of the chairman and four other members appointed by the Cabinet Secretary for the National Treasury and Economic Planning. Members of the Tribunal hold office for a period of three (3) years upon such terms and conditions as the Cabinet Secretary may prescribe.

The provisions further provide that the Chairman of the Tribunal shall be an advocate of the High Court of not less than seven years standing and the decisions in the Tribunal shall, in the event of a difference of opinion, be decided by the votes of the majority of members.

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