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 The Pensions Bill














Group Title: West Indies gazette
Title: The West Indies gazette
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Title: The West Indies gazette
Physical Description: : ; 34 cm.
Language: English
Creator: West Indies (Federation)
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Place of Publication: Port of Spain Trinidad
Publication Date: November 14, 1958
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Subject: Politics and government -- Periodicals -- West Indies (Federation)   ( lcsh )
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Dates or Sequential Designation: v.1- Jan. 3, 1958-
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Table of Contents
    Main
        Page 113
    Legal Supplement
        A-236
    Legal Supplement: pt. 2 Statutory Rules and Instruments (No. 14 of 1958): Proclamation bringing the Civil Establishment Act, 1958, into force
        A-237
    The Pensions Bill
        B-1
        B-2
        B-3
        B-4
        B-5
        B-6
        B-7
        B-8
        B-9
        B-10
        B-11
        B-12
        B-13
        B-14
        B-15
        B-16
        B-17
        B-18
        B-19
        B-20
        B-21
        B-22
        B-23
        B-24
        B-25
        B-26
        B-27
        B-28
        B-29
        B-30
        B-31
        B-32
        B-33
        B-34
        B-35
        B-36
        B-37
        B-38
Full Text























THE WEST INDIES GAZETTE


Vol. 1 FRIDAY 14th NOVEMBER, 1958 No. 54
.u -


LEGAL SUPPLEMENT

PART II-STATUTORY INSTRUMENTS

TABLE OF CONTENTS
No:
14 of 1958 Proclamation bringing the Civil
Establishment Act, 1958. into force


Page

237


x
3ag a9









Proclamation by tile Governor-General.


THE WEST INDIES


STATUTORY INSTIR1UMENT No. 14 of 1958.


PROCLAMATION


By His Excellency The Right Honourable
The Lord Hailes. Member of Her Majesty's
Most Honourable Privy Council, Knight
[L.S.! Grand Cross of the Most Excellent Order
of the British Empire. Governor-General and
Commander-in-Chief of THE WEST INDIES.
etc., etc.. etc.

HAILES

Governor-General.


-.:--,W;HEREAS by .section 2 of the Civil Establishment Act 1958.it is
.provided that the Act shall come into operation on such day as I shall
.by _prclamation appoint:
AND WHEREAS it is expedient that the Act shall come into opera-
tion on the 14th day of November one thousand nine hundred and
fifty-eight:
NOW THEREFORE by virtue of the power and authority in me
vested I do hereby appoint the 14th day of November one thousand nine
hundred and fifty-eight as the day on which the Civil Establishment
Act 1958 shall come into operation.


Given under my hand and the public seal
of the Federation this thirteenth day of
November, one thousand nine hundred
and fifty-eight in the Seventh Year of
*- Her Majesty's reign.


GOD SAVE THE QUEEN


By His Excellency's Command.
M. S. STAVELEY,
Secretary to the Governor-General.


Printed by Yuille's Printerie Limited, Port-of-Spain, Trinidad,
By Authority.







The Pensions Bill


THE WEST INDIES


THE PENSIONS BILL


OBJECTS AND REASONS

The object of this bill is to make provision for the
payment of pensions and other similar benefits to members
of the public service of the Federation and to their
dependants. The proposed legislation is, apart from
deviations in some matters of rates and scales of benefits,
in common form and corresponds to that in force in all
other overseas territories. The object of the Bill has two
aspects; in the first place it provides pensions, and benefits
in the nature of pensions, to be paid from the public funds
of the Federation in respect of periods served in the public
service of the Federation. In the second place it makes
provision whereby the service of persons who have been in
the public service of any other overseas territory in which
corresponding legislation is in force (including the
Territories in the Federation) may for the purposes of
calculating the pension or other benefit payable from the
public funds of the Federation be taken into account. The
participation by the Federation on a reciprocal basis in this
general overseas pensions scheme, by the enactment of this
legislation, will make it possible to recruit to the public
service in the Federation persons who have been serving in
the public service of other territories, including those in the
Federation.








2 The Pensions Bill



THE WEST INDIES

ACT No. of 1958.

THE PENSIONS BILL

ARRANGEMENT OF CLAUSES
Clause
1. Short title.
2. Interpretation.
3. Pension Regulations-First Schedule.
4. Pensions, etc., to he appropriated out of the public funds of the
Federation.
5. Pensions, etc., not of right.
6. Circumstances in which pension may be granted.
7. Retirement on grounds of public interest.
8. Compulsory retirement.
9. Maximum pension.
10. Liability of pensioners to be called upon to take further employment.
11. Suspension of pension on re-employment.
12. Pensions, etc., not to be assignable.
13. (overnor-General may apply part of pension for maintenance of
wife and children.
14. Pensions, etc., to cease on bankruptcy.
15. Pensions, etc., may cease on conviction.
16. Pensions, etc., may cease on accepting certain appointments.
17. Gratuity where officer dies in tle service or after retirement.
18. Pensions to dependants when an officer dies as a result of injuries
received or disease contracted in the discharge of his duties.
19. Determination of questions of interpretation.
20. References to Governor-General.
21. Commencement.


SCHEDULE

REGULATIONS
PART I
PRELIMINARY
1. Short title.
2. Interpretation,









The Pensions Bill


PART II

OFFICERS ,IIITHOUT OTHER PUBLIC SERVICE

3. Application of Part 1T.
4. Pension to whom and at what rates to be granted.
5. Gratuities where length of service does not qualify for pension.
6. Marriage gratuities.


PART III

TRANSFERRED OFFICERS
7. Application of Part TTT.
8. Interpretation.
9. Pension for service wholly within the group.
10. Pension where other service is not within the group.
11. Pension when other service both within and not within the group.
12. Gratuities where length of service does not qualify for pension.
13. Marriage gratuities.


PART TV

GENERALEL

14. General rules as to qualifying service and pensionable service.
15. Continuity of service.
16. Leave without salary.
17. Service in Her Majesty's forces.
18. Emoluments to be taken for computation of pensions, etc.
19. Service in non-pensionable office.
20. Acting service.
21. Service under age of 20 or on probation or agreement.


PART V

SUPPLEMENTAL R

22. Abolition of office and reorganization.
23. Officers injured or contracting diseases in the discharge of their
duties.
24. Officers retiring on account of ill health.
25. Gratuity and reduced pension.
26. Gratuities for officers who have served in non-pensionable office,








4 The Pcnsions Bill

A Bill intituled
An Act to provide pensions for members of the
public service of the Federation.
Be it enacted by the Queen's Most Excellent
Majesty, by and with the advice and consent of the Senate
and the House of Representatives of The West Indies, and
by the authority of the same, as follows:-
Short title 1. (1) This Act may be cited as the Pensions Act, 1958.
and
application.

(2) This Act shall apply to the Turks and Caicos
Islands and the Cayman Islands.
Interpre- 2. (1) In this Act. unless the context otherwise requires,
station. the following expressions shall have the meanings hereby
respectively assigned to them, that is to say-

"pensionable office" means-
(a) in relation to the public service of the
Federation. an office which, by virtue of
provision for the time being in force, in a
notification made by the Governor-General
and published in the Gazette, is declared to
be a nensionable office: and any such
notification mav from time to time be
amended, added to, or revoked by a notifica-
tion so made and published: but where by
virtue of any such amendment or revocation
any office ceases to be a nensionable office,
then so long as any person holding that office
at the time of the amendment or revocation
continues therein, the office shall as respects
that person. continue to be a pensionable
office;
(b) in relation to other public service, an office
which is for the time being a pensionable office
under the law in force in respect of such
service;
"non-pensionable office" means-
(a) in relation to the public service in respect of
the government of the Federation, an office








The Pensions Bill 5

which Ly virtue of provision for the time
being in force in a notification made by the
Governor-General and published in the
Gazette, is declared to be a non-pensionable
office; and any such notification may from
time to time be amended, added to, or
revoked, by another notification so made and
published; but where by virtue of any such
amendment or revocation any office ceases to
be a non-pensionable office but does not
become a pensionable office then so long as
any person holding that office at the time of
the amendment or revocation continues
therein the office shall as respects that person
continue to be a non-pensionable office;
(b) in respect of other public service, an office
which is not a pensionable office;
"pensionable emoluments"-
(a) in relation to the public service of the Federa-
tion, includes salary, personal allowances and
house allowance but does not include duty
allowance, entertainment allowance or any
other emoluments whatever;
(b) in relation to other public service, means
emoluments which count for pension in
accordance with the law in force in respect
of such service;
"salary" means the salary attached to a pensionable
office or where provision is made for taking
service in a non-pensionable office into account
as pensionable service, the salary attached to
that office;
"personal allowance" means a special addition to
salary granted personally to the holder for the
time being of the office, but does not include
such an addition if it is granted subject to the
condition that it shall not be pensionable;
"house allowance" includes the estimated value of
free quarters as defined in regulations under
this Act;








7The Pensions Bill


"public service" means-
(a) service of the Crown in a civil capacity in
respect of the government of the Federation
or any other country or territory in the
Commonwealth;

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

(ii) under any Acts relating to the super-
amination of teachers in the United
Kingdom;

(iii) in a Colonial University College;

(iv) under a local authority in the United
Kingdom;

(v) under the National Health Service of the
United Kingdom;

(c) any other service that the Governor-General
acting after consultation with the Secretary
of State may determine to be public service
for the purpose of any provision of this Act;
and

(d) except for the purposes of computation of a
pension or gratuity and of section 9 of this
Act, service as a Governor-General, Governor
or HIigh Commissioner in any country or
territory in the Commonwealth.

"other public service" means public service other
than the public service of the Federation.

(2) For the purpose of computing under this Act the
amount of the pension or gratuity of an officer who-

(a) had a period of service in the Pre-Federal
Organisation set up to establish the Federa-
tion, and








The Pensions Bill 7

(b) was confirmed without break of service in a
pensionable office in the public service of the
Federation,

his period of service in the Pre-Federal Organisation shall,
if the (iovernor-Gleneral so directs, be taken into account as if
it were service in a pensionable office in the public service
of the Federation; and the Governor-General may declare
that an office held by the officer in the Pre-Federal
Organisation shall be deemed to be the same as the
pensionable office in the public service of the Federation in
which the officer was confirmed.

(3) For the avoidance of doubts it is hereby declared
that where an officer has been confirmed in a pensionable
office and is thereafter appointed to another pensionable
office, then, unless the terms of such appointment otherwise
require, such last-mentioned office is, for the purpose of this
Act, an office in which he has been confirmed.

3. (1) Pensions, gratuities and other allowances may be Pension
granted by the Governor-General in accordance with the Regula-
regulations contained in the Schedule to this Act to officers First
who have been in the public service of the Federation. Schedule.

(2) The Governor-General with the sanction of the
Secretary of State may from time to time make regulations
amending, adding to or revoking the regulations contained
in the Schedule to this Act, and all regulations so made shall
be laid before each chamber of the Federal Legislature and
published in the Gazette.
(3) Whenever the Governor-General is satisfied that
it is equitable that any regulation made under this section
should have retrospective effect in order to confer a benefit
upon or remove a disability attaching to any person, that
regulation may be given retrospective effect for that purpose.
Provided that no such regulation shall have
retrospective effect unless it has received, before being made,
the approval of each chamber of the Federal Legislature
signified by resolution.

(4) All regulations made under this Act shall have the
same force and effect as if they were contained in the








8 The Pensions Bill

Schedule to this Act, and the expression "this Act", shall
wherever it occurs in this Act, be construed as including a
reference to the said Schedule.

(5) Any pension or gratuity granted under this Act
shall be computed in accordance with the provisions in force
at the actual date of an officer's retirement.
Pensions, 4. All such sums of money as may from time to time
etcro be be granted by way of pension, gratuity or other allowance in
priated pursuance of this Act are hereby appropriated out of the
ubli the public funds of the Federation and shall be paid therefrom
funds of on the warrant of the Governor-General.
the Federa-
tion.
Pensions, 5. (1) No officer shall have an absolute right to
et.r nhot compensation for past services or to pension, gratuity, or
other allowance; nor shall anything in this Act affect the
right of the Crown to dismiss any officer at any time and
without compensation.
(2) Where it is established to the satisfaction of the
Governor-General that an officer has been guilty of
negligence, irregularity or misconduct, the pension, gratuity,
or other allowance may be reduced or altogether withheld.

Circum- 6. No pension, gratuity or other allowance shall be
twhn*e i granted under this Act to any officer except on his retirement,
pension from the public service in one of the following cases-
may be
granted.

(a) If he retires from the public service of the
Federation after he attains the age of fifty-five
years or, in special cases with the approval
of the Governor-General, fifty years;

(b) if, having been transferred to other public
service-

(i) he retires after he attains the age at
which he is permitted by the law or
regulations of the public service in which
he is last employed to retire on pension
or gratuity or, if no age is prescribed by








The Pensions Bill


the said law or regulations, he retires
after he attains the age of fifty; or

(ii) lie retires in any other circumstances in
which he is permitted by the said law or
regulations to retire on pension or
gratuity;

(c) on the abolition of his office;

(d) on compulsory retirement for the purpose of
facilitating improvement in the organisation
of the department to which he belonged, by
which greater efficiency or economy may be
effected;

(e) on medical evidence to the satisfaction of the
Governor-General or the Secretary of State
that he is incapable by reason of any infirmity
of mind or body of discharging the duties of
his office and that such infirmity is likely to
be permanent;

(f) in the case of termination of employment in
the public interest as provided in this Act;

(g) on retirement in circumstances not mentioned
in the preceding paragraphs of this section,
rendering him eligible for a pension under
the Imperial Governor's Pensions Act, 1957, 2 c. 62.
or any Imperial Act amending or replacing
that Act:

Provided that a gratuity may be granted to a
female officer, in accordance with the provisions of this Act,
who retires for the reason that she has married or is about
to marry, notwithstanding that she is not otherwise eligible
under this section for the grant of any pension, gratuity or
other allowance.

7. Where an officer's service is terminated on the Retire-
ground that, having regard to the conditions of the public ment of
service, the usefulness of the officer thereto and all the other public
circumstances of the case, such termination is desirable in the interest.








10 The Pensions Bil!

public interest and a pension, gratuity or other allowance can-
not otherwise be granted to him under the provisions of this
Act, the Governor-General may, if he thinks fit, grant such
pension, gratuity or other allowance as he thinks just and
proper, not exceeding in amount that for which the officer
would be eligible if he retired from the public service in the
circumstances described in paragraph (e) of section 6 of
this Act.
Compul- 8. The Governor-General may require an officer to
sory retire-
m.nt. retire from the public service in respect of the government of
the Federation-

(a) at any time after he attains the age of sixty
years; or

(b) in special cases, where the public interest
requires at any time after he attains the age
of fifty years;

(c) in the case of a female officer, on marriage.

Maximum 9. (1) Except in cases provided for by subsection (2) of
pension, this section, a pension granted to an officer under this Act
shall not exceed two-thirds of the highest pensionable
emoluments drawn by him at any time while in the public
service in respect of the government of the Federation.

(2) An officer who has been granted a pension in
respect of other public service shall not at any time draw
from the public funds of the Federation an amount of
pension which, when added to the amount of any pension
or pensions drawn in respect of other public service, exceeds
two-thirds of the highest pensionable emoluments drawn by
him at any time in the course of his public service.

Provided that where an officer receives in respect
of some period of public service both a gratuity and a
pension, the amount of such pension shall be deemed for the
purpose of this subsection to be what it would have been if
part of it had not been commuted or, in the case of a pension
granted under the Superannuation Acts of the United
Kingdom or under the Oversea Superannuation Scheme, to
be four-thirds of its actual amount.








The Pensions Bill


(3) Where the limitation prescribed by the preceding
subsection operates, the amount of pension to be drawn from
the public funds of the Federation shall be such amount as
the Governor-General shall determine after consultation
with the Secretary of State in order that it may be
determined with due regard to the amount of any pension
or pensions to be drawn in respect of other public service.
(4) For the purposes of the preceding subsections an
additional pension granted in respect of injury shall not be
taken into account; but where the officer is granted such an
additional pension under this Act, the amount thereof
together with the remainder of his pension or pensions shall
not exceed five-sixths of his highest pensionable emoluments
at any time in the course of his public service.
10. (1) Every pension granted under this Act shall be Liability of
subject to the condition that unless or until the person in pensioners
to be called
receipt of the pension has attained the age of fifty years, he u,,on to
may, if physically fit for service, be called upon by the take
Secretary of State to accept, in lieu of his pension, an office, employ-
whether in the public service of the Federation or in other meant.
public service, not less in value, due regard being had to
circumstances of climate, than the office which he held at the
date of his retirement.
If a pensioner so called upon declines to accept
such office the payment of his pension may be suspended
until he has attained the age of fifty years.
(2) The provisions of the foregoing subsection shall
not apply in any case where the Governor-General, being of
opinion that the person in receipt of pension is not qualified
for other employment in the public service or that there is
no reason to expect that he can be shortly re-employed
therein, otherwise directs.
11. If a person to whom a pension has been granted Suspension
under this Act is appointed to an office in the public service, of pension
on re-
the payment of his pension may, with his consent, if the cmploy-
Governor-General thinks fit, be suspended during the period ment.
of his re-employment.

12. A pension, gratuity or other allowance granted Pensions,
under this Act shall not be assignable or transferable except etbenot
for the purpose of satisfying- assignable.








The Pensions Bill


(a) a debt due to the Crown or other authority in
respect of the government of the Federation;
or

(b) an order of any court for the payment of
periodical sums of money towards the
maintenance of the wife or former wife or
minor child of the person to whom the
pension, gratuity, or other allowance has been
granted,

and shall not be liable to be attached, sequestered or levied
upon for or in respect of any debt or claim whatever except
a debt due to the Federation as aforesaid.

Governor- 13. (1) Where any person to whom a pension has been
manraply granted has deserted and left his wife or child within the
part of Federation without sufficient means of support, the
pension for
main- for Governor-General, on being satisfied that such wife or child
tcnance of is by reason of such person's absence from the Territory of
c'ifle and residence of the wife unable, and would but for such absence
be able, to obtain an order of maintenance, may from time to
time deduct from the moneys payable to such person by way
of pension such sum or sums as the Governor-General may
deem expedient, and may apply the same for the maintenance
and support of such wife or child.

(2) Where any person to whom a pension has been
granted has been adjuldicated a person of unsound mind, and
has a wife or a child or children living, the (lovernor-General
may deduct from the moneys payable to such person by way
of pension such sum or sums as he may deem expedient and
apply the same for the maintenance and support of the wife
or any child or children of such person.

Pensions, 14. (1) If any person to whom a pension or other
etc., to allowance has been granted under this Act is adjudicated
cease on
bankruptcy. bankrupt or is declared insolvent by judgment of any
competent court, then such pension or allowances shall
forthwith cease.

(2) If any person is adjudicated bankrupt or is
declared insolvent as aforesaid either-







The Pensions Bill 13

(a) after retirement in circumstances in which he
is eligible for pension or allowance under this
Act but before the pension or allowance is
granted; or
(1h) before such retirement, and lie shall not have
obtained his discharge from the bankruptcy
or insolvency at the date of his retirement,
then, in the former case any pension or allowance eventually
granted to him shall cease as from the date of the adjudica-
tion or declaration as the case may be and, in the latter case,
the. pension or allowance may be granted, but shall cease
forthwith and not become payable.

(3) Where a pension or allowance ceases by reason of
this section, the Secretary of State or, if the person in
question is resident in the Federation, the (lovernor-General,
may from time to time during the remainder of such person's
life, or during such shorter period or periods, either
continuous or discontinuous, as the Secretary of State or the
(lovernor-General, as the case may be, shall think fit, direct,
all or any part of the monies to which such person would
have been entitled by way of pension or allowance, had he
not become bankrupt or insolvent, to be paid to, or applied
for the maintenance or benefit of, all or any to the exclusion
of the other or others, of the following, that is to say, such
person and any wife, child or children of his, in such
proportions and manner as the Secretary of State or the
Governor-General, as the ease may be, thinks proper, and
upon such direction such money shall be paid or applied
accordingly.

(4) Monies applied for the discharge of the debts of
the person whose pension or allowance has so ceased shall,
for the purposes of this section, he regarded as applied for
his benefit.

(.) When a person whose pension or allowance has so
ceased obtains his discharge from bankruptcy or insolvency,
the Secretary of State, or if such person is resident in the
Federation, the Governor-G general, may direct that the
pension or allowance shall be restored as from the date of
such discharge or any later date, and upon such direction the
pension or allowance shall be restored accordingly.







The Pensions Bill


Pensions, 15. (1) If any person to whom a pension or other
cease n allowance has been granted under this Act is sentenced to
conviction, a term of imprisonment by any competent court for an
offence, such pension or allowance shall, if the Secretary of
State or, if such person is resident in the Federation, the
Governor-General, so directs, cease as from such date as the
Secretary of State or the Governor-General as the case may
be determines.

(2) If any person is sentenced as aforesaid after
retirement in circumstances in which he is eligible for
pension or allowance under this Act but before the pension
or allowance is granted, then the provisions of the foregoing
subsection shall apply as respects any pension or allowance
which may be granted to him.

(3) Where a pension or allowance ceases by reason of
this section the Secretary of State or the Governor-General,
as the case may be, may direct all or any part of the monies
to which such person would have been entitled by way of
pension or allowance had he not been sentenced as aforesaid
to be paid, or applied, in the same manner in all respects as
prescribed in the preceding section, and upon such direction
such money shall be paid or applied accordingly.

(4) If such person after conviction at any time
receives a free pardon, the pension or allowance shall be
restored with retrospective effect; but in determining
whether arrears of such pension or allowance are payable to
such person and in computing the amount thereof, account
shall be taken of all monies paid or applied under the
preceding subsection.

Pensions, 16. If any person to whom a pension or other
etc., may allowance has been granted under this Act otherwise than
accepting under section 18 becomes either a director of a company the
ceraint- principal part of whose business is in any way directly
ments. concerned with the Federation, or an officer or servant
employed in the Federation by any such company, without
the prior permission of the Governor-General in writing,
such pension or allowance shall cease if the Governor-General
so directs:
Provided that the Governor-General, on being
satisfied that the person in respect of whose pension or







The Pensions Bill 15

allowance he has given s(uch1 a direction has ceased to be a
director of such company or to be employed as an officer or
servant of such company in the Federation, as the case may
be, may give directions for the restoration of such pension or
allowance, with retrospective effect, if he shall see fit, to such
date as lie shall specify, and the pension or allowance shall
be restored in accordance with any such directions.

17. (1) Where an officer holding a pensionable or Gratuity
non-pensionable office who is not on probation or agreement, wce- ies
dies while in the public service of the Federation, the in the
Service or
(overnor-(Ceneral may grant to his legal personal repre- er reire-
sentative a gratuity of all amount whichever of the following ment.
is the greater--

(a) the annual pensionable emoluments which
would have been taken for the purpose of
computing any pension or gratuity granted
to the officer under this Act if he had retired
from the public service at the date of his
death on the ground of ill-health;

(b) the total of the gratuities which would have
been granted to him under this Act and in
respect of his service under any scheduled
administration (as defined in regulation 8 of
the Regulations contained in the Schedule to
this Act) if he had retired from the public
service at the date of his death on the ground
of ill-health and had been granted a gratuity
and, in the case of a pensionable office, a
pension by each administration.

(2) Where an officer (lies after retirement from the
public service of the Federation having been granted, or
having become eligible for, a pension under this Act, and the
total of all the sums paid or payable to him at the date of
his death on account of any pension and any gratuity granted
to him under this Act and in respect of his service under any
scheduled administration is less than the amount of the
annual pensionable emoluments which he last received, the
Governor-Ceneral may grant to his legal personal represen-
tative a gratuity equal to the deficiency.







16 The Pensions Bill

(3) The (~overnor-General may in any case where the
amount of the gratuity payable thereunder does not exceed
the sum of five hundred dollars, dispense with the production
of probate or letters of administration and cause the gratuity
to be paid to the dependant or dependants of the officer and,
where there is more than one such dependant, may divide the
gratuity among the dependants in such proportion as he may
think fit.

(4) In the case of an officer not holding a pensionable
office, the expression "pensionable emoluments" in this
section shall mean the emoluments enjoyed by him which
would have been pensionable emoluments if the office held
by him had been a pensionable office.
ensios to 18. (1) Where an officer while in the public service of the
defendants
when an Federation-
officer dies
as a result
rcfiurier (a) is injured in the actual discharge of his duty
disease by some injury specifically attributable to the
contractCe nature of his duty which is not wholly or
in the
discharge mainly due to, or seriously aggravated by,
of his his own serious and culpable negligence or
misconduct; or

(b) contracts a disease to which he is exposed by
the nature of his duty, not being a disease
wholly or mainly due to, or seriously
aggravated by, his own serious and culpable
negligence or misconduct,

and dies as a direct result thereof, and such death occurs
within seven years of the date when he was injured or
contracted the disease, the Governor-General may grant, in
addition to the grant, if any, made to his legal personal
representative under section 17 of this Act-

(i) if the deceased officer leaves a widow, a
pension to her, while unmarried at a rate
not exceeding ten-sixtieths of his annual
pensionable emoluments at the date of
the injury or ninety-six dollars a year,
whichever is the greater;








The Pensions Bill 17

(ii) if the deceased officer leaves a widow to
whom a pension is granted under the
preceding paragraph and a child or
children, a pension in respect of each
child, until such child attains the age of
nineteen years, of an amount not
exceeding one-eighth of the pension
prescribed under the preceding para-
graph;
(iii) if the deceased officer leaves a child or
children, but does not leave a widow, or
no pension is granted to the widow, a
pension in respect of each child, until
such child attains the age of nineteen
years, of double the amount prescribed by
the preceding paragraph;

(iv) if the deceased officer leaves a child or
children and a widow to whom a pension
is granted under paragraph (i) of this
subsection, and the widow subsequently
dies, a pension in respect of each child as
from the date of the death of the widow
until such child attains the age of
nineteen years, of double the amount
prescribed in paragraph (ii) of this
subsection;
(v) if the deceased officer does not leave a
widow, or if no pension is granted to his
widow and if his mother was wholly or
mainly dependent on him for her support,
a pension to the mother of an amount not
exceeding the pension which might have
been granted to his widow;

(vi) if the deceased officer does not leave a
widow or mother, or if no pension is
granted to his widow or mother, and
if his father was wholly or mainly
dependent on him for his support, a
pension to the father of an amount not
exceeding the pension which might have
been granted to his widow;








18 The Pensions Bill

(vii) if the deceased officer does not leave a
child or children who is or are eligible
for a pension under the provisions of this
section, and if any brother or sister was
wholly or mainly dependent on him for
support, a pension to any such brother
or sister until he or she attains the age
of nineteen years, of the same amount
and subject to the same conditions as the
pension which might have been granted
under paragraph (ii), (iii) or (iv) of this
subsection, as the case may be:

Provided that-
(a) if in the opinion of the Governor-General
there are compassionate grounds for so
doing, he may grant to any child of a deceased
officer being a child who at the date of the
death of the officer was wholly or mainly
dependent on him for support and who has
attained the age of nineteen a pension for
such period as the Governor-General may
determine, of an amount not exceeding the
pension which may be granted under
paragraph (ii), (iii) or (iv) of this subsection,
as the case may be;
(b) where a deceased officer leaves a child who
was incapacitated at the time of the officer's
death (hereinafter in this section referred to
as an "incapacitated child") the Governor-
General may, notwithstanding any pension
which may have been granted under para-
graph (ii), (iii) or (iv) of this subsection
grant an additional pension in respect of such
incapacitated child after he has attained the
age of nineteen years and so long as his
incapacity shall continue, of an amount not
exceeding one-half the pension which might
have been granted under paragraph (ii), (iii)
or (iv) aforesaid, as the case may be;

(c) where compensation in respect of the death
is payable under any law in force in the







The Pensions Bill 19

Federation which provides for the payment of
workmen's compensation, or where benefits
corresponding to benefits granted under this
section are payable under the Oversea
Superannuation Scheme or under the law in
force in respect of any other public service,
in respect of death, the Governor-General may
reduce or withhold any pension which may be
payable under this section in such manner as
he may consider reasonable;

(d) no pension shall be payable under this
subsection at any time in respect of more
than six children exclusive of incapacitated
children, and where there are more than six
such children, in respect of whom, but for this
proviso, a pension would be payable, then the
amount payable in respect of six children
shall be divided equally among all such
children during the period in which there are
more than six children of pensionable age;

(e) in the case of a pension granted under
paragraph (v) of this subsection, if the
mother is a widow at the time of the grant of
the pension and subsequently remarries such
pension shall cease as from the date of
remarriage;

(f) a pension granted to a female child under this
section shall cease upon her marriage under
the age of nineteen years.

(g) in the case of a pension granted under
paragraph (v), (vi) or (vii) of this subsection,
if it appears to the Governor-General, or if
such person is not resident in the Federation,
the Secretary of State, at any time that the
mother or father, or any brother or sister,
is adequately provided with other means of
support, such pension shall cease as from such
date as the Governor-General or the Secretary
of State, as the case may be, may determine,







The Pensions Bill


(2) In the case of an officer not holding a pensionable
office, the expression "pensionable emoluments" in the
preceding subsection shall mean the emoluments enjoyed by
him which would have been pensionable emoluments if the
office held by him had been a pensionable office.

(3) If an officer proceeding by a route approved by
the C overnor-General to or from the Federation, or from one
island in the Federation to another, at the commencement or
termination of his service in the public service of the
Federation, or for a period of secondment, duty leave or
leave therefrom, dies as a result of damage to the vessel,
aircraft or vehicle in which he is travelling, or of any act of
violence directed against such vessel, aircraft or vehicle, and
the Governor-General is satisfied that such damage or act is
attributable to circumstances arising out of war in which Her
Majesty may be engaged, such officer shall be deemed, for
the purposes of this section, to have died as a result of
the circumstances described in paragraph (a) of subsection
(1) of this section.

(4) An officer who dies as a result of an injury
received while travelling by air in pursuance of official
instructions, which injury is not wholly or mainly due to, or
seriously aggravated by, his own serious and culpable
negligence or misconduct, shall be deemed for the purposes
of this section to have died in the circumstances described in
paragraph (a) of subsection (1) of this section.

Provided that in such a case the rates of pension
prescribed in paragraphs (i) and (ii) of subsection (1)
of this section shall be fifteen-sixtieths and one-sixth
respectively.

(5) (a) Where the Governor-General is satisfied that
damages have been or will be recovered in respect of the
death for which a pension may be granted under subsection
(1) of this section, the Governor-General may take those
damages into account against such pension in such manner
and to such extent that he may think fit and may withhold
or reduce the pension accordingly.

(b) For the purposes of this subsection an officer
shall be deemed to recover damages whether they are paid







The Pensions Bill 21

in pursuance of a judgment or order of a court or by way of
settlement or compromise of his claim and whether or not
proceedings are instituted to enforce that claim.

(6) For the purposes of this section the following
words have, in relation to an officer, the meanings
hereby respectively assigned to them-

(a) "brother" includes, in relation to a person,
every male child of his father or his mother;

(b) "child" includes-

(i) a posthumous child;

(ii) a step-child or illegitimate child born
before the date of the injury or contract-
ing the disease, as the case may be, and
wholly or mainly dependent upon the
deceased officer for support; and

(iii) an adopted child, adopted in a manner
recognized by law, before the date of the
injury or contracting the disease, as the
case may be, and dependent as aforesaid;

(c) "incapacitated" means in relation to a child,
incapable by reason of some specific bodily or
mental disability of earning his own living,
and a child, who is in any event too young to
earn his own living shall be treated as
incapacitated for the purposes of this section
if it appears that, by reason of any specific
bodily or mental disability, lie will be
incapable of earning his own living when he
attains the age at which he would otherwise
be capable of doing so;

(d) "father" includes his step-father and a male
person by whom he has been adopted;

(e) "mother" includes, in relation to a person, a
stepmother and a female person by whom he
has been adopted;







22 The Pensions Bill

(f) "sister" includes every female child of his
father or his mother.
Determina- 19. When any question arises as to the interpretation
tion of
questions or application of any of the provisions of this Act, such
of inter- question may be determined by the Governor-General,
pretation. acting after consultation with the Secretary of State.

Reference 20. In the exercise of any of the functions conferred
overnor- on him b or under this Act (other than functions conferred
General. by paragraphs (a) of the definitions of pensionable office and
non-pensionable office in subsection (1) of section 2 and by
subsections (2) and (4) of section 3 thereof) the Governor-
General is authorized to exercise that function in his
discretion after consultation with the Public Service
Commission.
Commence- 21. This Act shall be deemed to have come into
ent. operation on the third day of January, 1958.









The Pensions Bill 23


SCHEDULE

REGULATIONS

PART I

PRELIMINARY

1. These Regulations may be cited as the Pensions Regulations, Short title.
1958.

2. In these Regulations, unless the context otherwise requires- Interpre-
tation.
"qualifying service" means service which may be taken into
account in determining whether an officer is eligible by
length of service for pension, gratuity, or other allowance;

"pensionable service" means service which may be taken into
account in computing pension under these Regulations;

"the Act" means the Pensions Act, 1958.

PART II
OFFICERS H'ITHOUT OTHER PUBLIC SERVICE

3. Save when the Governor-General in any special case otherwise Ap
directs, this Part of these Regulations shall not apply in the case of any of Part II.
officer transferred to or from the public service of the Federation 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 service in the
public service of the Federation.

4. Subject to the provisions of the Act and of these Regulations, Pension to
every officer holding a pensionable office in the public service of the whom and
Federation, who has been in the said public service for ten years or more, at what
may be granted on retirement a pension at the annual rate of one six- rates to be
hundredth of his pensionable emoluments for each 'complete month of granted.
his pensionable service.

5. Every officer, otherwise qualified for a pension, who has not Gratuities
been in the public service of the Federation for ten years, may be granted where
on retirement a gratuity not exceeding five times the annual amount of length of
the pension which, if there had been no qualifying period might have service
does not
been granted to him under regulation 4 of these Regulations. qualify for
pension.
6. Where a female officer having held a pensionable office or Marriage
pensionable offices in the public service of the Federation for not less gratuities.









24 The Pensions Bill

than five years and having been confirmed in a pensionable office, retires
from that public service for the reason that she has married or is about
to marry, and is not eligible for the grant of any pension or otherwise
eligible for gratuity under this Part of these Regulations, she may be
granted, on production within six months after her retirement or such
longer period as the Governor-General may in any particular ease allow,
of satisfactory evidence of her marriage, a gratuity not exceeding one-
twelfth of a month's pensionable emoluments for each completed month
of pensionable service in the public service of the Federation or one year's
pensionable emoluments, whichever shall be the less:

Provided that when a period of service in the public service of the
Federation otherwise than in a pensionable office is taken into account
as pensionable service under regulation 19, the officer shall, during that
period be deemed for the purposes of this regulation to be holding a
pensionable office.


PART III

TRANSFERRED OFFICERS

Application 7. This Part of these Regulations shall apply only in the case
of Part III. of an officer transferred to or from the public service of the Federation
from or to other public service.
Interpre- 8. (1) In this Part and Part IV of these Regulations:-
tation.
"scheduled administration" means the Government of any
territory, or any authority, mentioned in the Schedule to
these Regulations, and includes the Government of Ceylon
in respect of any officer appointed to the public service
of that territory prior to the 4th February, 1948, and the
Government of Palestine in respect of any officer appointed
to the public service of that territory prior to the 15th May,
1948.

"service in the group" means service in the public service of
the Federation and under a scheduled administration or
scheduled administrations.

(2) Where an officer to whom this Part of these Regulations
applies is, on his retirement from the public service, not granted a
pension or gratuity in respect .of his employment in the service in which
he was last employed, solely by reason of the fact that 'he has not held
office or pensionable office therein for a specified period, he shall never-
theless be deemed for the purposes of this Part of these Regulations to
have retired in circumstances in which he is permitted by the law in force
in respect of the service in which he is last employed to retire on pension
or gratuity.








The Pensions Bill 25


9. (1) Subject to the provisions of the Act and of these Regulations, Pension for
where the other public service of an officer to whom this Part of these service
wholly
Regulations applies has been wholly under one or more scheduled admin- within the
istrations and his aggregate service would have qualified him had it been ,rouip.
wholly service in the public service of the Federation for a pension under
the Act, he may, on his retirement from the public service, be granted
in respect of his service in the public service of the Federation a pension
of such an amount as shall bear the same proportion to the amount of
pension for which he would have been eligible had his service been
wholly in the public service of the Federation as the aggregate amounts
of his pensionable emoluments during service in the public service of the
Federation shall bear to the aggregate amounts of his pensionable
emoluments throughout his service in the group.

(2) In determining for the purposes of this regulation the pension
for which an officer would have been eligible if his service had been
wholly service in the public service of the Federation-

(a) in the application of regulation 18, his pensionable
emoluments shall be determined by reference to the
pensionable emoluments enjoyed by him at the date of
his retirement from the public service or during the three
years or lesser period preceding that date, as the case
may be, except that where the officer is not serving under
a scheduled administration at that date, the date upon
which he was last transferred from the pnbli( service
under a scheduled administration shall be deemed to be
the date of his retirement for the purposes of this sub-
paragraph;

(b) no regard shall be 'had to an additional pension under
regulations 22, 23 or 24;
(c) regard shall be had to the condition that pension may not
exceed two-thirds of his highest pensionable emoluments;
(d) no period of other public service under a scheduled
administration in respect of which no pension or gratuity
is granted to him shall be taken into account.

(3) For the purposes of this regulation the aggregate amount of
an officer's pensionable emoluments shall be taken as the total amount
of pensionable emoluments which he would have received or enjoyed
had he been on duty on full pay in his substantive office or offices
throughout his period of service in the group subsequent to the attain-
ment of the age of twenty years:

Provided that-

(a) in calculating the aggregate amount of his pensionable
emoluments, no account shall be taken of any service








26 The Pensions Bill

under a scheduled administration in respect of which no
pension or gratuity is granted to him;

(b) where under regulation 19 service in a civil capacity
otherwise than in a pensionable office is taken into account
as pensionable service, the officer's aggregate pensionable
emoluments during that service shall be taken into account
for the calculation aforesaid.

Pension 10. (1) Subject to the provisions of the Act and of these Regulations,
where other where the other public service of an officer to whom this Part of these
service is
not within Regulations applies has not included service under any of the scheduled
the group. administrations, and his aggregate service would .have qualified him, had
it been wholly service in the public service of the Federation, for a
pension under these Regulations, he may on his retirement from the
public service, be granted in respect of his service in the public service
of the Federation a pension at the annual rate of one six-hundredth of
his pensionable emoluments for each complete month of 'his pensionable
service in the public service of the Federation.

(;2) Where the officer is not in the public service of the Federation
at the time of such retirement, his pensionable emoluments for the
purposes of the preceding paragraph shall be those which would have
been taken for the purposes of computing his pension if he had retired
from the public service and been granted a pension at the date of his
last transfer from the public service of the Federation.

Pension 11. Where a part only of the other public service of an officer
when other to whom this Part of these Regulations applies has been under one or
service both more of the scheduled administrations, the provisions of regulation 9
not within shall apply; but in calculating the amount of pension, regard shall be had
the group. only to service in the group.

Gratuities 12. Subject to the provisions of the Act and of these Regulations,
where where an officer to whom this Part of these Regulations applies retires
length of
service does from the public service but has not been in the public service for ten
not qualify years, he may, be granted in respect of his service in the public service
for pension, of the Federation a gratuity not exceeding five times the annual amount
of the pension which, if there had been no qualifying period, might have
been granted to him under regulations 9, 10 or 11. as the case may be.

Marriage 13. A female officer to whom this Part of these Regulations applies
gratuities. who retires for the reason that she has married, or is about to marry,
and in consequence-

(a) would, if the whole of her public service had been service
in the public service of the Federation, have been eligible
for a gratuity under regulation 6 of these Regulations, and

(b) if she is at the date of her retirement in other public
service, is eligible for a gratuity under provisions








The Pensions Bill 27


corresponding to that regulation in t'he law in force in
respect of the public service in which she is last employed,

may, if she is not eligible for the grant of any pension or otherwise
eligible for gratuity under this Part of these Regulations, be granted a
gratuity which bears to the gratuity for which she would be eligible
if the whole of her public service had been in the service in which
she is last employed the proportion which her service in the public
service of the Federation bears to her total pensionable service:

Provided that for the purpose of computing her total pensionable
service under this regulation, no regard shall be had to any service
under a scheduled administration which does not grant a gratuity to her
in consequence of her retirement.


PART IV

GENERAL

14. (1) Subject to the provisions of these Regulations, qualifying 'General
service shall be the inclusive period between the date on which an officer rules as to
begins to draw salary in respect of public service and the date of his service and
leaving the public service, without deduction of any period during which pensionable
he has been absent on leave. service.

(2) No period which is not qualifying service by virtue of the
foregoing paragraph shall be taken into account as pensionable service.

(3) No period during which the officer was not in public service
shall be taken into account as qualifying service or as pensionable
service.

15. (1) iExcept as otherwise provided in these Regulations, only Continuity
continuous service shall be taken into account as qualifying service or as of service.
pensionable service:

Provided that any break in service caused by temporary suspension
of employment not arising from misconduct or voluntary resignation
shall be disregarded for the purposes of this paragraph.

Provided also that any person holding office in the public service
in respect of the government of Palestine immediately before t'he fifteenth
day of May, 1948, shall be deemed to have continued in his office until
either he was appointed to the service of the Crown elsewhere, or, if he
was not so appointed, he retired or was removed from office.

(2) An officer-
(a) whose pension has been suspended under section 11 of
the Act or under a corresponding provision in any law








The Pensions Bill


relating to the grant of pensions in respect of public
service; or

(b) who has retired from the public service without pension
on account of ill health, abolition of office, or reorgani-
sation designed to effect greater efficiency or economy,
and has subsequently been re-employed in the public
service; or

15 & 16 (c) who has left pensionable service under the Imperial
Geo. 5 c. 59. Teachers (Superannuation) Act, 1925, with a view to
entering public service not being service pensionable
under the said Act and has, not later than three months,
or such extended period as the Governor-General may in
any particular case approve, after leaving such first
mentioned service, received any salary in respect of
employment in public service not so pensionable,

may, if the Governor-General thinks fit, be granted the pension or gratuity
for which he would have been eligible if any break in his public service
immediately prior to such suspension, re-employment or employment
had not occurred, such pension to be in lieu of-

(i) any pension previously granted to him from the funds
of t'he Federation, and

(ii) any gratuity so granted which is required to be refunded
as a condition of the application to the officer of this
regulation,

but additional to any gratuity so granted which is not required to be
refunded as aforesaid.

Leave 16. No period during which an officer has been absent from duty
without on leave without salary shall be taken into account as pensionable service
salary. unless such leave has been granted on grounds of public policy with the
approval of tlhe Governor-General.

Service in 17 Where an officer, during some period of his service has been
Her on the active list of the Royal Navy, the Army or the Royal Air Force,
forces, and pension contributions have been paid in respect of that period from
the funds of the Federation or of any scheduled administration and have
not been refunded, such period shall not be taken into account as pen-
sionable service.

Emolu- 18. (1) Subject to the provisions of paragraph (4) of this regulation
ments to for the purpose of computing the amount of the pension or gratuity of
,e taken an officer who has had a period of not less than three years' pensionable
for conm-
putation of service before his retirement-
pensions,
etc.









The Pensions Bill 29

(a) in the case of an officer who has held the same office for
a period of three years immediately preceding the date of
his retirement, the full annual pensionable emoluments
enjoyed by him at that date in respect of that office shall
be taken;

(b) in the case of an officer who at any time during such
period of three years has been transferred from one office
to another, but whose pensionable emoluments have not
been changed by reason of such transfer or transfers,
otherwise than by the grant of any scale increment, the
full annual pensionable emoluments enjoyed by him at the
date of his retirement in respect of the office then held by
him shall be taken;

(c) in other cases one third of the aggregate pensionable
emoluments enjoyed by the officer in respect of his service
during the three years of his service immediately
preceding the date of his retirement shall be taken;

Provided that-
(i) if such one third is less than the highest annual pension-
able emoluments enjoyed by him at the date of any
transfer within such period of three years those annual
pensionable emoluments shall be taken; and

(ii) if such one third is less than the annual pensionable
emoluments which would have been enjoyed by him at
the date of his retirement, if he had continued to hold
any office from which he has been transferred at any
time during such period of three years, and had received
all scale increments which, in the opinion of the Governor-
General, would have been granted to him, the annual
pensionable emoluments which would have been so
enjoyed shall be taken.

(2) For the purpose of determining under paragraph (1) of this
Regulation the pensionable emoluments that an officer has enjoyed or
would have enjoyed, as the case may be, he shall be deemed-

(a) to have been on duty on full pensionable emoluments
throughout the period of three years immediately
preceding the date of his retirement; and

(b) to have enjoyed the benefit of any increase due to a
revision of salaries in the pensionable emoluments of any
office 'held by him as if such increase had been payable
throughout such period of three years.

(3) For the purpose of computing the amount of the pension or
gratuity of an officer who has had a period of less than three years'
pensionable service before 'his retirement-









30 The Pensions Bill

(a) the average annual pensionable emoluments enjoyed by
him during such period shall be taken;

(b) ;he shall be deemed to have been on duty on full pension-
able emoluments throughout such period; and

(c) he shall be deemed to have enjoyed the benefit of any
increase due to a revision of salaries in the pensionable
emoluments -of any office held by 'him as if such increase
had been payable throughout such period.

(4) The estimated value .of free quarters in respect of public
service in respect of the government of the Federation shall be such as
shall be fixed in each case by the Governor-General, but shall not exceed
one-sixth of the actual salary of the office.

Service in 19. Only service in a pensionable office shall be taken into account
non- as pensionable service:
pensionable
office.
Provided that-

(a) where a period of service in a civil capacity otherwise
than in a pensionable office (not being service in respect
of which the officer is entitled to a gratuity in lieu of
pension) is immediately followed by service in a pension-
able office and the officer is confirmed therein, such period
may with the approval of the Governor-General, be so
taken into account;

(b) any break in service which may be disregarded under
the provisions of regulation 15 of these regulations may
likewise be disregarded in determining for the purposes
of the two preceding provisions to this regulation whether
one period of service immediately follows another period
of service;

(e) (i) where an officer has been transferred from a pension-
able office in which he had been confirmed to an office
which is not pensionable and subsequently retires
either from a pensionable office or an office which is
not pensionable his service in the office which is not
pensionable may, with the approval of the Governor-
General, be taken into account as though it were
service in the pensionable office which he Iheld
immediately prior to such transfer and at the pension-
able emoluments which were payable to him at the
date of transfer.

(ii) where a period of service in an office which is not
pensionable is taken into account under this regu-
lation, the officer shall, during that period, be deemed
for the purpose of regulation 6, 22, 23 and 24 to be









The Pensions Bill


holding a pensionable office, and where that period
is taken into account under the preceding proviso
to have been confirmed therein.

(d) where a period of teaching service in any Territory in
the Federation which is public service but is not service
under the Government of that Territory is immediately
followed by service in the public service of the Federation,
such period may, with the approval of the Governor-
General, and to such extent as he may direct, be so taken
into account;

20. Any period during which an officer has performed only acting Acting
service in an office may be taken into account as pensionable service service.
(subject, if the office is a non-pensionable office, to the provisions of the
preceding regulation) if the period of such acting service-

(a) is not taken into account as part of his pensionable service
in other public service, and

(b) is immediately preceding or followed by service in a
substantive capacity in a pensionable office in the public
service in respect of the same government or authority,
and not otherwise.

21. Save as otherwise provided in these Regulations, there shall Service
not be taken into account as pensionable service- under age
of 20 or on
probation
(a) any period of service while the officer was under the age agree-
of 20 years, or ment.

(b) any period of service while he was on probation or agree-
ment, unless without break of service he is confirmed in
a pensionable office in the public service:

Provided that any break of service which may be
disregarded under the provisions of regulation 15 may
likewise be disregarded in determining whether the officer
is confirmed in a pensionable office without break of
service.


PART V

S UPPLEMEENTARY

22. If an officer holding a pensionable office retires from the Abolition
public service in consequence of the abolition of his office or for the 'if office
purpose of facilitating improvements in the organisation of the and re-
department to which he belongs, by which greater efficiency or economy organisa-
may be effected, he may-









32 The Pensions Bill

(a) if he has been in the public service for less than ten years,
be granted in lieu of any gratuity under regulation 5 or
regulation 12, a pension under regulations 4, 9, 10 or 11,
as the case may be, as if the words "for ten years or
more" were omitted from regulation 4;

(b) if he retires from the public service of the Federation,
be granted an additional pension at the annual rate of
one-sixtieth of his pensionable emoluments for each
complete period of three years pensionable service:

Provided that-

(i) the addition shall not exceed ten-sixtieths; and

(ii) the addition together with .the remainder of the
officer's pension shall not exceed the pension for
which he would have been eligible if he had continued
to hold the office held by him at the date of his retire-
ment, and retired on reaching the age of sixty years,
having received all increments for which he would
have been eligible by that date.

Officers 23. (1) This regulation shall apply to an officer who-
injured or
diseases in (a) is injured in the actual discharge of his duty by some
the dis- injury specifically attributable to the nature of his duty
charge of which is not wholly or mainly due to, or seriously aggra-
their duties. vated by, his own serious and culpable negligence or
misconduct; or

(b) contracts a disease to which he is exposed by the nature
of his duty, not being a disease wholly or mainly due to,
or seriously aggravated by, his own serious and culpable
negligence or misconduct.

(2) In this regulation unless the contrary intention appears,
references to an officer being injured and to the date on which an injury
is sustained shall respectively be construed as including references to
him contracting such a disease as is mentioned in paragriaph (1) of this
regulation and to the date on which such disease is contracted.

(3) Where an officer to whom this regulation applies is holding a
pensionable office in which he has been confirmed, he may-
(a) if his retirement is necessitated or materially accelerated
by his injury and he has been in the public service for
less than ten years, be granted, in lieu of any gratuity
under regulation 5 or regulation 12, a pension under
regulations 4, 9, 10 or 11, as the case may be, as if the
words "for ten years or more" were omitted from the
said regulation 4;









The Pensions Bill 33

(b) if he was injured while in the public service of the
Federation be granted on retirement an additional pension,
at the annual rate of the proportion of his actual pension-
able emoluments at the date of his injury appropriate to
his case as shown in the following table:-

When his capacity to contribute to his own support
is:-

Slightly impaired.................. five sixtieths;
Impaired .......................... ten sixtieths;
Materially impaired .............. fifteen sixtieths;
Totally destroyed................. twenty sixtieths;

Provided that the amount of the additional pension
may be reduced to such an extent as the Governor-
General shall think reasonable where the injury is not
the cause or the sole cause of retirement.

(4) (a) An officer to whom this regulation applies who is injured
while in the public service of the Federation .and who
holds a non-pensionable office, or who holds a pensionable
office in which he has not been confirmed, may be granted
on retirement, a pension of the same amount as the
additional pension which may be granted to him under
paragraph (.3) of this regulation if his office were a
pensionable office and he had been confirmed therein.

(b) The provisions of regulation 25 shall not apply to a
pension granted under this paragraph.

(5) (a) If, for the purpose of assessing the amount of any
additional pension or pension to be granted under
sub-paragraph (b) of paragraph (3) or under paragraph
(4) of this regulation to any officer to whom this
regulation applies, the degree of permanent impairment
of his capacity to contribute to his support is in doubt, he
may be granted a provisional award to have effect until
such time as his degree of permanent impairment can be
determined.

(b) The provisions of regulation 25 shall not apply to an
award made under this paragraph.

(6) If an officer proceeding by a route approved by the Governor-
Ceneral to or from the Federation, or from one island in the Federation
to another, at the commencement or termination of his service in respect
of the government of the Federation, or of a period of secondment, duty
leave or leave therefrom, is injured as a result of damage to the vessel,
aircraft or vehicle in which he is travelling, or of any act of violence
directed against any such vessel, aircraft or vehicle, and the Governor-
General is satisfied that such damage or act is attributable to circum-








The Pensions Bill


stances arising out of any war in which Her Majesty may be engaged,
such officer shall be deemed for the purpose of this rule to have been
injured in the circumstances described in paragraph (1) of this
regulation.

(7) An officer who is injured while travelling by air in pursuance
of official instructions, and whose injury is not wholly or mainly due to,
or seriously aggravated by, his own serious and culpable negligence
or misconduct, shall be deemed for the purpose of this regulation to have
been injured in the circumstances described in paragraph (1) of this
regulation;

Provided that in such a ease the rates of pension prescribed in
sub-paragraph (b) of paragraph (3) of this regulation shall be seven-
and-a-half sixtieths, fifteen sixtieths, twenty-two sixtieths and thirty
sixtieths respectively.

(8) Where compensation in consequence of the injury is payable
under any law in force in the Federation which provides for the payment
of workmen's compensation, or where benefits corresponding to an
additional pension or pension under paragraph (3) or paragraph (4) of
this regulation are payable, under the Oversea Superannuation Scheme
or under the law in force in respect of any other public service, in
consequence of the injury, the Governor-General may reduce or withhold
any additional pension or pension payable under either paragraph (3) or
paragraph (4) aforesaid in such manner as he may consider reasonable.

(9) (a) Where the Governor-General is satisfied that damages
have been or will be recovered by an officer in respect of an injury
for which an additional pension or pension may be granted under sub-
paragraph (b) of paragraph (3) or under paragraph (4) of this
regulation, the Governor-General may take those damages into account
against such additional pension or pension in such manner and to such
extent as he may think fit and may withhold or reduce the additional
pension or pension accordingly.

(b) For the purpose of this paragraph an officer shall be
deemed to recover damages whether they are paid in pursuance of a
judgment or order of the court or by way of settlement or compromise
of his claim and whether or not proceedings are instituted to enforce
that claim.

Officer 24. (1) An officer who retires from the public service of the Federation
retiring on in the circumstances mentioned in paragraph (e) of section 6 of the Act,
account and who has completed more than ten years' but' less than twenty years'
of ill-
health, pensionable service, may, unless he is granted an additional pension
under sub-paragraph (b) of paragraph (3) of regulation 23, be granted
an additional pension at the annual rate of one six-hundredth of his
pensionable emoluments for each month by which his pensionable service
falls short of twenty years.


(2) In the case of an officer whose pensionable service would, if









The Pensions Bill 35


he had continued to hold until he attained the age of fifty-five the office
which he held at the date of his retirement, have been a period shorter
than twenty years, paragraph (1) of this regulation shall have effect as
if for the last reference therein to twenty years there were substituted
a reference to that shorter period.

25. (1) Any officer to whom a pension is granted under the Act may, Gratuity
at his option exercisable as in this regulation provided, be paid in licuand I:educed
of such pension a pension at the rate of three-fourths of such pension pension.
together with a gratuity equal to twelve and a half times the amount
by which such pension is reduced:

Provided that in the application of this regulation to eases where
the limitation prescribed by subsection (2) of section 9 of the Act
operates, the words "such pension" shall mean the amount of pension
which the officer might have drawn from the funds of the Federation
if he had not exercised his option under this regulation.

(2) An option exercisable in accordance with this regulation-

(a) shall be exercisable, and if exercised, may be revoked,
on or before the date of the officer's retirement or, with
the permission of the Governor-General, at any time
between that date and the date of the final award of the
pension granted to him under the Act;

(b) shall be exercised or revoked by notice in writing
addressed to the Federal Secretary;

(c) shall be deemed to have been exercised or revoked on the
date on which such notice is received.

(3) If an officer who has not exercised an option in accordance
with this regulation dies after he has retired but before a pension has
been granted to him under the Act, the Governor-General may, if he
thinks fit, grant to his legal personal representatives a gratuity and a
reduced pension as provided in paragraph (1) of this regulation, as if
the officer had exercised the option before his death.

26. (1) An officer holding a non-pensionable office who is not eligible Gratuities
for pension (other than a pension under regulation 23) or otherwise for officers
eligible for gratuity from the funds of the Federation may, if he has been heo have
in the public service for not less than seven years and retired from the non-
service in one of the cases mentioned in section 6 of the Act other than pensionable
that mentioned in paragraph (g) thereof, be granted if the Governor- offices.
General thinks fit, a compassionate gratuity not exceeding twelve days
pay, for each year of his service in respect of the government of the
Federation which would be pensionable service if bhe were eligible for
pension under these Regulations.









The Pensions Bill


(2) For the purpose of this regulation-

(a) "pay" means pay at the date of an officer's retirement and
includes the value of free quarters and any other
allowance which the (Governor-General may think fit
to include;

(b) regulation 15 may be disregarded, but directions may be
given by the Governor-General, either generally or in
any particular case, for disregarding periods of service
prior to breaks of three years or more, to dismissal for
misconduct or to voluntary resignation, or periods during
which an officer has served less than the number of days
prescribed in the directions, and such directions shall have
effect as if they were contained in this regulation;

(c) an officer who, having held a non-pensionable office, is
serving on probation in a pensionable office, shall be
deemed to hold a non-pensionable office and his pay shall
be deemed to be the pensionable emoluments of the
pensionable office or the pay last received by him in
respect of his service in a non-pensionable office, which-
ever shall be the greater.


SCHEDULE

(REGULATION 8 (1))

Aden
Antigua
Bahamas
Barbados
Basutoland
Bechuanaland Protectorate
Bermuda
British Guiana
British Honduras
British Solomon Islands Protectorate
Cayman Islands
Crown Agents for Oversea Governments and Administrations
Cyprus
Dominica
East Africa High Commissioner
East African Railways alnd Harbours Administration
Eastern Region of Nigeria
Employing Authorities under the Overseas Superannuation Scheme
Falkland Islands
Federation of Malaya
Federated Malay Statei
Federation of Nigeria
Federation of Rhodesia and Nyasaland









The Pensions Bill


Fiji
Gambia
Ghana
Gibraltar
Gilbert and Ellice Islands
Gold Coast
Grenada
Hong Kong
Jamaica
Kenya
Kenya and Uganda Railways and Harbours Administrations
Leeward Islands
Malayan Establishment
Malayan Union
Malta
Mauritius
Montserrat
Nigeria
North Borneo
Northern Region of Nigeria
Northern Rhodesia
Nyasaland
Overseas Audit Department (Home Establishment)
St. Christopher, Nevis and Anguilla
St. Helena
St. Lucia
St. Vincent
Sarawak
Seychelles
Sierra Leone
Singapore
Somaliland Protectorate
Straits Settlements
Swaziland
Tanganyika
Tonga
Trinidad and Tobago
Turks and Caicos Islands
Uganda
Unfederated Malaya States
United Kingdom of Great Britain and Northern Ireland
Virgin Islands
Western Region of Nigeria
Zanzibar.
Service under the Imperial Overseas Service Act, 1938.


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By Authority.




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