319 Pensions

• Author: Ralph Hone
• Pages: #6

CHAPTER 319.

PENSIONS.

ARRANGEMENT OF SECTIONS.

SECTION.

1. SHORT TITLE.

2. INTERPRETATION.

3. PENSIONS AND GRATUITIES CHARGED ON REVENUE.

4. GRANT OF PENSIONS.

5. PENSION FOR SERVICE WHOLLY WITHIN THE GROUP.

6. PENSION WHERE OTHER SERVICE IS NOT WITHIN THE GROUP.

7. PENSION WHEN OTHER SERVICES BOTH WITHIN AND NOT WITHIN THE GROUP:

8. OFFICERS TRANSFERRED TO OTHER PUBLIC SERVICE.

9. IN CASE OF SEVERE INJURY OFFICER COMPELLED TO QUIT SERVICE BEFORE COMPLETION OF PENSIONABLE PERIOD MAY BE GIVEN GRATUITY OR PENSION.

10. GRATUITY MAY BE GRANTED TO AN OFFICER WHO MAY BE CONSTRAINED FROM INFIRMITY OF MIND OR BODY TO LEAVE THE PUBLIC SERVICE.

11. ABOLITION OF OFFICE.

12. UNLAWFUL TO GRANT A PENSION TO ANY PERSON UNDER THE NORMAL RETIRING AGE, EXCEPT UNDER A MEDICAL CERTIFICATE.

13. TERMINATION OF APPOINTMENT IN THE PUBLIC INTEREST.

14. PERSON TO WHOM PENSION MAY BE GRANTED BEFORE ATTAINING THE NORMAL RETIRING AGE LIABLE TO BE CALLED UPON TO FILL OTHER OFFICES.

15. RE-EMPLOYED PENSIONERS.

16. CIRCUMSTANCES IN WHICH PENSION MAY BE GRANTED TO TRANSFERRED OFFICERS.

17. PROVISIONS OF ACT APPLY TO CERTAIN PERSONS TRANSFERRED FROM THE SERVICE OF THE COLONY BEFORE ITS ENACTMENT.

18. COMPUTATION OF SERVICE.

19. DECISION OF GOVERNOR FINAL IN QUESTION OF CLAIM TO PENSION OR GRATUITY.

20. PAYMENT OF PENSIONS AND GRATUITIES, WITHOUT ABATEMENT OR DEDUCTION.

21. RETIRED GOVERNOR MAY NOT ACCEPT DIRECTORSHIP, ETC., OF A COMPANY.

22. SAFEGUARDING RIGHTS TO PENSION OR GRATUITY OF PERSONS SERVING IN ARMED FORCES, ETC.

23. EXERCISE OF POWERS BY THE GOVERNOR.

    SCHEDULES.

    FIRST SCHEDULE-PENSIONABLE OFFICES.

    SECOND SCHEDULE-SCHEDULED ADMINISTRATIONS.

    CHAPTER 319.

    PENSIONS.

    AN ACT TO REPEAL AND RE-ENACT WITH AMENDMENTS THE PENSIONS ACT.

    [21st July 1952.] 1. This Act may be cited as The Pensions Act.

2. * In this Act, unless the context otherwise requires, the following expressions have the meanings assigned to them, that is to say: 'other public service' means public service not under the Government of the Colony;

   'pensionable emoluments'(a) in respect of service under the Government of the Colony, include salary but do not include personal allowance, house allowance, the estimated value of free quarters, any fee paid out of the Treasury or any other emoluments whatever;

   (b) in respect of other public service, mean emoluments which count for pension in accordance with the law or regulations in force in such service;

   'pensionable office' means(a) in respect of service under the Government of the Colony, one of the offices referred to in the First Schedule to this Act;

   (b) in relation to other public service, an office which is for the time being a pensionable office under the law or regulations in force in respect of such service;

   'public officer' means a person who holds or has held permanently one or more of the offices referred to in the First Schedule to this Act;

   'public service' means(a) service in a civil capacity under the Government of the Colony or any other country or territory in the Commonwealth;

   (b) service under the East Africa High Com 28 of 1952.

   2 of 1956.

   50 of 1957.

   68 of 1959.

   11 of 1963.

   8 of 1964.

   43 of 1964.

   Short title.

   Interpretation.

   8 of 1964, s. 2, First Schedule.

   * Section 2 had effect from 1.1.63 (8 of 1964. s. 11.).

   mission, the East African Railways and Harbours Administration, the East African Posts and Telecommunications Administration or the East African Common Services Organization;

   (c) service which is pensionable(i) under the Oversea Superannuation Scheme;

   (ii) under any Acts relating to the Superannuation of teachers in the United Kingdom;

   (iii) under a local authority in the United Kingdom or in the Colony;

   (iv) under the National Health Service of the United Kingdom; or (v) in a Colonial University College;

   (d) any other service that the Secretary of State, or the Governor after consultation with the Secretary of State, has determined to be public service for the purpose of this Act;

   (e) except for the purpose of computation of a pension, gratuity or other allowance, and of subsection (3) of section 4 of this Act, service in respect of which a pension may be granted under The Governors' Pension Act 1957, or any Act amending or replacing that Act;

   (f) service 'as the holder of the office of President, Vice-President, Justice of Appeal, Registrar, officer or servant of the Court of Appeal for Eastern Africa established by the Eastern Africa Court of Appeal Order in Council, 1961; and (g) service in the service of the Interim Commissioner for the West Indies;

   10 of 1909. 'repealed Act' means The Pensions Act 1909;

   'scheduled administration' means(a) the Government of any territory, or any Second authority mentioned in the Second Schedule to Schedule. this Act;

   (b) the Government of Ceylon, in respect of any officer appointed to service under that Government before the 4th day of February, 1948;

   (c) the Government of Palestine, in respect of any officer appointed to service under that Government before the 15th day of May, 1948;

   (d) the Government of the Somali Republic, in respect of any officer appointed to service under the former government of the Somaliland Protectorate before the 26th day of June, 1960;

   (e) the Government of Cyprus, in respect of any officer appointed to service under that Government before the 16th day of August, 1960;

   (f) the East African Common Services Organization, in respect of any person deemed to have been appointed or appointed to service as President, Vice-President, Justice of Appeal, Registrar, officer or servant of the Court of Appeal for Eastern Africa by or under the Eastern Africa Court of Appeal Order in Council, 1961; and (g) the Interim Commissioner for the West Indies in respect of any person deemed to have been appointed or,appointed to service as a Judge, Registrar, officer or servant of the British Caribbean Court of Appeal by or under the British Caribbean Court of Appeal Order in Council, 1962;

   'service in the group' means service in the public service under the Government of the Colony and under a scheduled.administration or scheduled administrations.

3. There shall be charged on and paid out of the Pensions and gratuities general revenue all such sums of money as may from charged on time to time be granted by way of pensions or gratuities revenue.

   in laccordance with this Act to persons who have been in the public service of the Colony.

4. --*(1) (a) Subject to the provisions of this Act it Grant of shall be lawful for the Governor to grant to any public pensions.

   officer holding a pensionable office under the Govern- 8 of 1964, s. 3.

   ment of the Colony who has been in the public service under the Government of the Colony for five years or more on his retirement a pension at the rate of oneseven hundred and twentieth of his pensionable emoluments in respect of each completed month of his pensionable service;

   (b) save when the Governor in any special case otherwise directs, this subsection shall not apply in *Subsections (1) and (3) of section 4 had effect from 1.1.63. (8 of 1964, s. 11).

   Gratuity and reduced pension.

   50 of 1957, s. 2.

   Maximum pension.

   8 of 1964, s. 3.

   the case of any officer transferred to or from the public service under the Government of the Colony from or to other public service except for the purpose of determining whether such officer would have been eligible for pension or gratuity and the amount of pension or gratuity for which the officer would have been eligible, if the service of the officer had been wholly...