321 Widows' And Orphans' Pension

AuthorRalph Hone
Pages#6

[CH.321.

CHAPTER 321.

WIDOWS' AND ORPHANS' PENSION.

ARRANGEMENT OF SECTIONS.

PART I.

PRELIMINARY.

SECTION.

  1. SHORT TITLE.

  2. INTERPRETATION.

    PART II.

    ESTABLISHMENT OF FUND AND MANAGEMENT.

  3. THE FUND.

  4. REGISTERS OF CONTRIBUTORS TO BE KEPT.

  5. INFORMATION TO BE FURNISHED BY CONTRIBUTORS AND WIDOWS.

  6. PENALTIES.

  7. VALUATION OF FUND.

    PART III, CONTRIBUTORS AND CONTRIBUTIONS.

  8. WHO SHALL BECOME CONTRIBUTORS.

  9. EXEMPTIONS.

  10. CONTRIBUTIONS OF CONTRIBUTORS.

  11. GOVERNMENT CONTRUTIrONS.

  12. LUMP SUM CONTRIBUTIONS.

  13. CESSATION OF CONTRIBUTIONS.

  14. CONTRIBUTIONS MAY CONTINUE IN FULL IF SALARY REDUCED.

  15. REAPPOINTMENT OF CONTRIBUTORS.

    PART IV.

    REPAYMENT OF CONTRIBUTIONS.

  16. CoNTRImuBoNS NOT NoRMAI.Y To BE REPAID.

  17. REPAYMENT TO BACHELOR OR WIDOWER WITHOUT PENSIONABLE CHILDREN.

    PART V.

    PROVISION FOR OFFICERS LEAVING THE SERVICE.

    SECTION.

  18. TRANSFER OF A CONTRIBUTOR TO A COLONY WHICH HAS PROVISION FOR WIDOWS' AND ORPHANS' PENSIONS.

  19. TRANSFER OF A CONTRIBUTOR TO A COLONY WHICH HAS No PROVISION FOR WIDOWS' AND ORPHANS' PENSIONS.

  20. CONTINUANCE OF CONTRIBUTIONS OF MARRIED CONTRIBUTOR OR WIDOWER WITH PENSIONABLE CHILDREN AFTER RETIREMENT ON PENSION.

  21. PROVISIONS REGARDING ELECTIONS.

  22. RETIREMENTS FOR ILL-HEALTH WITHOUT PENSIONS.

    PART VI.

    CALCULATION AND PAYMENT OF PENSIONS.

  23. CALCULATION OF PENSION.

  24. EFFECT OF INCREASES AND REDUCTIONS IN CONTRIBUTIONS.

  25. RIGHTS OF INDIVIDUAL BENEFICIARIES.

  26. PENSIONS OF CHILDREN.

  27. DEATH OR REMARRIAGE OF WIDOW.

  28. BANKRUPTCY OF WIDOW.

  29. CERTAIN PERSONS NOT ENTITLED TO PENSIONS.

  30. ADOPTED CHILDREN.

  31. FAILURE TO MAINTAIN CHILD.

  32. PAYMENT OF MINORS' PENSIONS AND WIDOWS' ALLOWANCES.

  33. PROOF OF CLAIM TO PENSION.

  34. EXERCISE OF GOVERNOR'S POWERS.

    PART VII.

    MISCELLANEOUS.

  35. PENSION NOT TO BE ASSIGNED OR LEVIED UPON.

  36. RATES OF EXCHANGE.

  37. QUESTIONS AND DISPUTES TO BE DECIDED BY THE BOARD.

  38. RULES.

    SCHEDULES.

    SCHEDULES A, B, C-TABLES FOR CALCULATING PENSIONS.

    SCHEDULE D-INSTRUCTIONS FOR USE OF TABLES IN SCHEDULES A, B AND C.

    [CH.321.

    CHAPTER 321.

    WIDOWS' AND ORPHANS' PENSION.

    AN ACT TO PROVIDE PENSIONS FOR WIDOWS AND 65 of 1954.

    79 of 1957.

    ORPHANS OF MEMBERS OF THE PUBLIC SERVICE. 71 of 1961.

    53 of 1962.

    [22nd July 1954.] 18 of 1965.

    [Commencement 1st November 1957.1

    PART I.

    PRELIMINARY.

  39. This Act may be cited as The Widows' and short title.

    Orphans' Pension Act.

  40. -(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say:-.

    'actuary' means a Fellow of the Institute of Actuaries or of the Faculty of Actuaries in Scotland;

    'approved scheme' means a scheme or fund for the granting of pensions to the widows and children of officers in the public service, which has been declared by the Governor in Council or the Governor as the case may be to be an approved scheme for the purpose of this Act;

    'beneficiary' means(a) the widow of a contributor;

    (b) the child of pensionable age of a contributor, by his marriage with any wife who has died or is not entitled to pension under this Act:

    Provided that, when there are two or more such children of one marriage, such children shall constitute one beneficiary;

    'contributor' means a person who is contributing to the fund and, save as otherwise provided in this Act, includes a person who has ceased to contribute or who is exempted from contribut ing under subsection (2) 'of section 9 of this Act;

    'Crown Agents' means the Crown Agents for Oversea Governments and Administrations;

    'fund' means the fund established under this Act;

    'Government' means the Government of the Colony;

    18 of 2965, 'Minister' means the Minister for Finance;

    Schd.

    'other public service' means public service not under the Government of the Colony;

    'pension' means any pension granted to a beneficiary under this Act except when the context implies that a pension granted to the contributor himself is meant;

    'pensionable office' means an office which is, as respect's the holder thereof, ia. pensionable Ch. 319. office under The Pensions Act;

    79 of 1957, s, 2, 'public,service' means service in a civil capacity 18 of 1965, sch8. under the Government of the Colony or of any other country of the Commonwealth, or any other service which the Legislature may by resolution determine to be public service for the purposes of this Act;

    'salary' means the gross salary attached to 'the office of which the officer is substantive holder and does not include any 'allowance or other emolument or the value of any other advantage which the officer may receive or enjoy;

    'Secretary of State' means one of Her Majesty's Principal Secretaries of State;

    'Treasurer' means the Treasurer of the Colony.

    (2) A child shall be of pensionable age for the purposes of this Act, in the case of a male, if he is under the age of seventeen years, and, in the case of a female, if she is under the age of eighteen years and has not married.

    (3) When the marriage of any contributor has been annulled or dissolved by the decree of any competent court the female party of such marriage shall, for the purposes of this Act, be deemed -to have died, and the contributor shall be -deemed to have become a widower, at the date of such decree.

    [CH.321.

    3397 (4) A child who shall have been legitimated by marriage according to the law of the country of the father's domicile at the date of the marriage shall, for the purposes of this Act, be deemed to be a child of that marriage.

    PART II.

    ESTABLISHMENT OF FUND AND MANAGEMENT.

  41. -(1) A fund, to be known as the Bahamas The fund.

    Widows and Orphans Pension Fund, shall be established for providing pensions for the widows and orphans of contributors to the fund.

    (2) The fund shall be under the control of the 8 of 1965, Minister.

    (3) All pensions and repayments of contributions (including interest, if any) authorised by this Act and all expenses incurred in the administration of the fund (including the obtaining of actuarial advice) shall be paid out of the fund.

    (4) All contributions made by contributors and by the Government under this Act, all interest on investments of the fund, and all sums paid under subsection (1) of section 6 of this Act shall be paid into the fund.

    (5) All moneys belonging to the fund shall be deposited in the Treasury or in any bank in the Colony at interest and, except 'as regards such part thereof as the Minister shall consider it expedient to retain for making payments out of the fund under this Act, shall, so far as practicable, be invested on behalf of the fund in such securities, or employed at interest, in such manner, as may be approved by the Minister. Any sums required for making payments out of the fund under this Act may be raised by the sale or realisation of any investments of the fund:

    Provided that the Minister shall not employ at 79 of 1957, s. 3.

    interest or invest in securities any moneys of the fund without the prior approval of the Governor:

    Provided further that no part of the moneys belonging to the fund shall at any time be expended in the purchase of securities of the Government of the Colony or employed at interest for the purposes of that Government if such purchase or such employment shall cause the total current market values of the securities of that Government held on behalf of the fund together CH.321.] WIDOWS' AND ORPHANS' PENSION.

    79 of 1957, s. 3.

    71 of 1961. s. 2.

    Registers of contributors to be kept.

    Information to be furnished by contributors and widows.

    71 of 1961, s. 3.

    71 of 1961, s. 3.

    with the outstanding sums employed at interest for the purposes of that Government to exceed five-eighths of the total assets of the fund at that date.

    (6) Semi-annual accounts of the transactions of the fund during the half-years ended the thirtieth day of April and the thirty-first day of October in each year, together with a statement of the,assets of the fund at those dates, shall be prepared by the Treasurer and shall be audited and signed by the Auditor and shall thereafter be laid before both Houses of the Legislature, together with a report by the Minister -on the working of the fund.

  42. Registers shall be kept in which shall be entered the date of the birth of every contributor, and of every wife and child who may become, or shall be, entitled to pension under this Act, and particulars of all contributions paid into the fund by or on behalf of each contributor, and the pension or pensions for the time being payable in respect of each contributor in the event of his death, and all other.dates and particulars respecting contributors and their families material to be recorded for the purposes of this Act.

  43. -(1) Every contributor shall within three months of his first becoming a contributor notify to the Minister in writing the date of his birth and, if he is then 'married or a widower with children of pensionable age, the dates of his marriage and of the births of his wife and children. (if any).

    (2) Every contributor who marries while a contributor shall within three months after his marriage notify to the Minister in writing the fact and Ithe date of his marriage and the date of the birth of his wife.

    (3) Every contributor shall notify to the Minister in writing within three months from the date of the event(a) the birth of any child born to him or the adoption of any child by him and the date thereof as the case may be;

    (b) the marriage of any female child of his under the age of eighteen years;

    (c) the death of his wife or the death or adoption of any of his children of a pensionable age, occurring while he is a contributor;

    [CH.321.

    3399 (d) the annulment or dissolution of his marriage and the date thereof.

    (4) After the death of any married contributor the widow of such contributor shall notify to the Minister in writing, within three months from the date of the event(a) the date of the death!of such contributor, if he was not at the time in the service of the Colony;

    (b) 'the birth of any posthumous child of such contributor and the date thereof;

    (c) the marriage...

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