By Amb Emmanuel Mwamba
Public Sector Emerging Crisis on Retirement Age
Chaos; The retirement age crisis after case of Martin Nyambe and Others vs. Konkola Copper Mines PLC Appeal No. 2 of 2022 and Sandras Samakayi vs. Attorney General 2023/CCZ/0015
All workers employed before 2014 to retire at age 55 years and those retired at 60 to revert to retirement at 55
●all judicial officers that were retired by the Judicial Service Commission (JSC) at the age of sixty (60) years during its 257th meeting held on the 9th August, 2022 shall have their letters of retirement revoked and shall be recalled from retirement with immediate effect.
● all those employed prior to the enactment of Statutory Instrument No. 63 of 2014 Public Service (Retirement Age) Regulations and Act No. 7 of 2015 shall be retired at the age of fifty-five (55).
Following the judgement in the case of Martin Nyambe and Others vs. Konkola Copper Mines PLC Appeal No. 2 of 2022, all non-judicial officers that were employed prior to the enactment of Statutory Instrument No. 63 of 2014 Public Service (Retirement Age) Regulations, 2014 and National Pension Scheme (Amendment) Act No. 7 of 2015 shall be retired at the age of fifty-five (55) years and the following notice periods shall apply:
i) all employees aged sixty (60) years and above shall be retired at fifty-five (55) years, be awarded temporary service period from their 55th birthday up to their present age and will be given three (3) months’ notice effective 20th June, 2024;
ii)all employees between the age of fifty-five (55) years and fifty-nine (59) years shall be retired at the age of fifty-five (55) years and shall be awarded temporary service which will include one (1) year notice of retirement effective 20th June, 2024;
iii) all employees aged fifty-four (54) years that have not yet given notice to retire, shall be retired at the age of fifty-five (55) years and shall be awarded temporary service for one (1) year effective the date of retirement;
iv) and all employees below the age of fifty-four (54) years will be prompted to given notice to retire at the age of fifty-five (55) years and no temporary service shall be awarded, unless with express request from Management.
Further, in the light of the judgement in the case of Sandras Samakayi vs. Attorney General 2023/CCZ/0015 which settled the law on the retirement age aforementioned, all judicial officers that were retired by the JSC at the age of sixty (60) years during its 257th meeting held on the 9th August, 2022 shall have their letters of retirement revoked and shall be recalled from retirement with immediate effect.
