2011-01-01

Pension (Salary Threshold and Exemptions) Order, 2011

The Minister of Finance, Ken Edward Kandodo, issued the Pension (Salary Threshold and Exemptions) Order, 2011, which exempts employers whose employees' monthly pension emoluments are K10,000 or less from specific sections of the Pension Act, 2011. Additionally, the Order exempts several categories of employers and employees entirely from the application of the Pension Act, 2011. These exempted categories include seasonal employees, tenants, expatriate employees holding Temporary Employment Permits, Members of Parliament in their official capacity, and domestic workers.

Malawi

Reserve Bank of Malawi

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GOVERNMENT NOTICE NO. 32

PENSION ACT, 2011 (ACT NO. 6 OF 2011)

PENSION (SALARY THRESHOLD AND EXEMPTIONS) ORDER, 2011

IN EXERCISE of the powers conferred by section 10 of the Pension Act, 2011, I, KEN EDWARD KANDODO, Minister of Finance, make the following Order---

Citation	1. This Order may be cited as the Pension (Salary Threshold and Exemptions) Order, 2011.
Definitions	2. In this Order, unless the context otherwise requires---
"expatriates" means skilled professionals of foreign origin working in Malawi and holding a valid Temporary Employment Permit (TEP) issued by the relevant authorities in Malawi;
"seasonal workers" means employees whose work, because of its nature or because of factors peculiar to the industry in which it is performed, is available, at approximately the same time or times every year, for part or parts of the years; and
Cap. 55:02	"tenant" means an employee in terms of the Employment Act, who enters the services of a landlord to grow a crop of the landlord or any other related services.
Salary threshold	3. An employer whose employees’ monthly pension emoluments is ten thousand Kwacha (K10,000) or less, shall be exempt from complying with the requirements of section 9 and section 15 of the Act.
Exempt categories or classes of employers and employees	4. The classes or categories of employers and employees set out in the Schedule hereto shall be exempt from the application of the Act.

SCHEDULE (para. 2)

EXEMPT CATEGORIES OF EMPLOYERS AND EMPLOYEES

1. Seasonal employees;
2. Tenants;
3. Expatriate employees in possession of Temporary Employment Permit;
4. Members of Parliament in their capacity as such;
5. Domestic workers.

Made this 13th day of July, 2011.

(FILE NO. TII 614)

KEN E. KANDODO Minister of Finance