This is a course outline that I prepared for teaching at the University of Nairobi. Content is built around discussion the meaning and types of pensions available, their regulatory framework, examining pension issues as part of human right and employment laws.

1. UNIVERSITY OF NAIROBI, SCHOOL OF LAW
COURSE OUTLINE FOR THE ELECTIVE ON PENSIONS LAW (BACHELOR OF LAWS UNDERGRADUATE PROGRAMME)
Course Instructor: LYLA LATIF (latif@uonbi.ac.ke)
WEEK COURSE CONTENT KEY TOPICS TO BE COVERED DURING THE SESSION READING MATERIALS MODE OF
TEACHING
1 Introduction to the Course  Definition and concept of pensions
 Key concepts, requirements and documents required for being a
pensions beneficiary
 Overview of key players
 Types of pensions plans - defined contribution plans (DCPs), defined
benefit plans (DBPs); hybrid plans; client contribution plans; multi-
employer plans (MEPPs); supplemental employee retiree plans
(SERPs)
 Pension funds in Kenya – why have pension funds at all? What are the
origins of pension funds including the social, political and economic
background?
 Overview of relevant legislation
 The tripartite relationship, and the duties owed by the fund, the
employer and the employee/member
1. Analytical Review of the Pension System in
Kenya by Sundeep K Raichura;
http://www.oecd.org/finance/private-
pensions/41564693.pdf
2. The Pensions Act
3. The Retirement Benefits Act
4. The NHIF Act
5. The NSSF Act
6. The Constitution of Kenya
7. Legal Provisions of the Pension Act, The
National Treasury, Pensions Department
8. Problems facing Kenya’s pension system:
a case for reforms of laws relating to
pensions by Nyakundi, B. David, available
online on the University repository section.
9. Impacts of pension reforms on the kenyan
pension industry by Masinde Victoria
http://eujournal.org/index.php/esj/article/vie
wFile/4011/3822
10. Age Old Pensions; A Brief History
http://socialwelfare.library.vcu.edu/program
s/old-age-pensions-a-brief-history/
11. The Rise and Fall of Employer Sponsored
Pension Plans
http://www.workforce.com/2012/01/24/the-
rise-and-fall-of-employer-sponsored-
pension-plans/
Lecture
2/3 The Regulatory Framework  Who regulates pensions?
 Pension standards
 Other applicable legislation
 What qualifies for regulatory purposes as a pension plan?
 Public sector vs. private plans
 Income Tax Act requirements
 How pension adjustments and pension reversals are used to manage
and regulate the relationship between registered pension plans and
1. The Pensions Act
2. The Pensions (Increase) Act
3. The Retirement Benefits Act
4. The NHIF Act
5. The NSSF Act
6. The Constitution of Kenya
7. Income Tax Act
8. Legal Provisions of the Pension Act, The
Lecture & Student
led discussions

2. UNIVERSITY OF NAIROBI, SCHOOL OF LAW
COURSE OUTLINE FOR THE ELECTIVE ON PENSIONS LAW (BACHELOR OF LAWS UNDERGRADUATE PROGRAMME)
Course Instructor: LYLA LATIF (latif@uonbi.ac.ke)
RRSPs
 Permissible benefits and eligible contributions
 How pensions are taxed and design features that enhance tax
efficiency
National Treasury, Pensions Department
4 Overview of Pension
Investment Principles and
Pitfalls
 Compliance and governance issues
 Alternative approaches to retirement savings, such as capital
accumulation plans (CAPS), money purchase pension plans and other
non-pension agreements
 Case of Nolan versus Kerry
 Restrictions
1. Principles and Pitfalls of Investment
2. https://www.ipe.com/principles-and-pitfalls-
of-investment/21050.fullarticle
3. Pension Fund Governance. Challenges
and Potential Solutions
4. http://www.oecd.org/finance/private-
pensions/41013956.pdf
5. Pensions funds investment infrastructure
6. http://www.oecd.org/futures/infrastructureto
2030/48634596.pdf
7. Philip R. Lane. The National Pensions
Reserve Fund: Pitfalls and Opportunities
8. https://www.tcd.ie/Economics/TEP/2001_p
apers/TEPNo7PL21.pdf
Lecture & Student
led discussions
5/6 Pension Issues in the
Employment and Labour
Context
 Pension entitlements in a non-unionized context/arising from
employment contracts
 Pension entitlements arising from collective agreements
 Role of unions in negotiating and enforcing pension entitlements
 Changes to benefit levels during employment
 Pension accrual during leaves of absence
 Pension entitlements during notice periods
 When can employers make changes to existing plans?
 Pension loss on termination of employment?
 Distinguishing between termination and retirement
 Member communications - timing of the obligation to communicate
pension plan changes - associated risks and liabilities
1. Steven L. Willborn, The Problem with
Pension Portability
http://digitalcommons.unl.edu/cgi/viewconte
nt.cgi?article=1478&context=nlr
2. Pension and Employment Issues
https://hicksmorley.com/wp-
content/uploads/2016/01/pension_employ
ment_issues_oba_paper.pdf
3. Important Pension Considerations for
Employment Law Practitioners in British
Colombia
http://tevlingleadle.com/important-pension-
considerations-for-employment-law-
practitioners-in-british-columbia/
4. David A. Skeel Jr. Employees, Pension,
and Governance in Chapter 11
http://openscholarship.wustl.edu/cgi/viewco
ntent.cgi?article=1392&context=law_lawrev
Lecture & Student
led discussions

3. UNIVERSITY OF NAIROBI, SCHOOL OF LAW
COURSE OUTLINE FOR THE ELECTIVE ON PENSIONS LAW (BACHELOR OF LAWS UNDERGRADUATE PROGRAMME)
Course Instructor: LYLA LATIF (latif@uonbi.ac.ke)
iew
6 Pension Issues in the
Human Rights Context
 Age, sexual orientation, and gender discrimination
 Impact of eliminating mandatory retirement - options for post-age-65
pension accrual - other benefits - retirement trends and their
significance - workforce issues
 Early retirement incentives
 Phased investment issues
1. Age cases in the employment context
http://www.ohrc.on.ca/en/discussion-paper-
discrimination-and-age-human-rights-
issues-facing-older-persons-ontario/other-
age-cases-employment-context
2. Social Security as a human right
http://www.echr.coe.int/LibraryDocs/DG2/H
RFILES/DG2-EN-HRFILES-23(2007).pdf
Lecture & Student
led discussions
7 Drafting Pension Clauses
into contracts, Litigation
and Government
Intervention
1. Pension issues arising in corporate transactions and restructuring
(successor employer pension plans, where no successor employer
pension plan exists, internal pension plan restructuring, transfer of
pension assets between plans)
2. Employer due diligence
3. Employee rights and remedies
4. Asset transfers
5. Types of successor pension arrangements
1. Eleanor F. Banister and Others. Employee
Benefits in Mergers, Acquisitions and
Dispositions
http://apps.americanbar.org/labor/lel-aba-
annual/papers/2001/banister.pdf
2. Benefit protection; priority creditor rights for
pension funds
http://www.oecd.org/pensions/insurance/37
977393.pdf
3. Treatment of pension plans when an
employer is in bankruptcy
http://www.friedfrank.com/siteFiles/ffFiles/0
60503_bleb_lewis.pdf
Lecture & Student
led discussions
8 MID TERM ASSESSMENT INDIVIDUAL TAKE HOME ASSESSMENT TEST TO BE ADVISED