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 The Pensions (Amendment) Bill














Group Title: West Indies gazette
Title: The West Indies gazette
ALL VOLUMES CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/UF00076857/00169
 Material Information
Title: The West Indies gazette
Physical Description: : ; 34 cm.
Language: English
Creator: West Indies (Federation)
Publisher: Govt. Print. Off.
Place of Publication: Port of Spain Trinidad
Publication Date: November 25, 1960
 Subjects
Subject: Politics and government -- Periodicals -- West Indies (Federation)   ( lcsh )
Spatial Coverage: Trinidad and Tobago -- Trinidad
 Notes
Dates or Sequential Designation: v.1- Jan. 3, 1958-
General Note: Includes supplements consisting of bills, ordinances, statutory rules & orders, etc.
 Record Information
Bibliographic ID: UF00076857
Volume ID: VID00169
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: ltuf - ABV7930
oclc - 01646171
alephbibnum - 000328383

Table of Contents
    Main
        Page 95
        Page 96
    The Widows' and Children's Pensions Bill
        A-1
        A-2
        A-3
        A-4
        A-5
        A-6
        A-7
        A-8
        A-9
        A-10
        A-11
        A-12
        A-13
        A-14
        A-15
        A-16
        A-17
        A-18
        A-19
        A-20
        A-21
        A-22
        A-23
        A-24
        A-25
        A-26
    The Pensions (Amendment) Bill
        C-1
        C-2
        C-3
        C-4
Full Text





The Widows' and Children's Pension


THE WEST INDIES

THE WIDOWS' AND CHILDREN'S
BILL.
OBJECTS AND REASONS
The object of this Bill is to make provision for
the payment of pensions to the widows and children of
deceased public officers who have served the Government of
the Federation. The salient features of the scheme to be
established by the legislation are as follows:
The scheme is a contributory one and applies com-
pulsorily to all male officers appointed to the federal public
service after the commencement of the Act. Male officers
already in the federal public service at the commencement of
the Act are given the option of deciding whether or not the
Act shall apply to them and bachelors in this category who
elect that the Act shall not apply are given a second oppor-
tunity to elect if they subsequently marry.
The Act provides for the payment of two separate
pensions; one to the widow and one to the children. Both
pensions are related to the amount of the pension payable
from federal public funds to which the officer was entitled
or would have been eligible at the date of his death (here-
inafter referred to as the officer's basic pension). The
amount of the widow's pension will be one-third of the
officer's basic pension. The amount of the children's pension
varies according to whether there is also a widow and
according to the number of children. Where there is no
widow or after the widow's death, then if there is one child
the pension will be a quarter of the officer's basic pension,
and where there are two or more children it will be a half
of the officer's basic pension. Where there is a widow and
while she is alive the children's pension, if there is only one
child, will be one-sixth of the officer's basic pension, and one-
third if there aie two or more children.
The scheme provides two methods by which officers
to whom the Act applies may pay their contributions and an
officer may elect to pay by whichever method he prefers.
The first method is by periodical contributions taking the
form of monthly deductions from the officer's salary
calculated at the rate of 2 per cent per annum of the annual
"".^^
A /,








2 The Widows' and Children's Pension Bill

pensionable emoluments received by him from time to time.
The other method is by a payment to be made by or on behalf
of the officer when his public service terminates either by
reason of his retirement or on his death. Under this method
an officer's total contribution due is calculated on the basis
of two per cent of the annual pensionable emoluments that
he was receiving at the date of his retirement or death as
the case may be, multiplied by the number of years of
federal pensionable service. If when an officer's contribution
under this method becomes due a gratuity is payable under
the Pensions Act either to himself or, in the case of his death,
to his legal personal representatives, then the contributions
will be deducted from that gratuity. If the contribution
exceeds the gratuity or there is no gratuity, then the excess
or the total contribution, as the case may be, is to be paid
by instalments deducted from the pension, and the instal-
ments are calculated at the rate of 2/25 per annum of the
total contribution due.
The scheme also provides for minimum benefits in
the case where a public officer has died with less than twenty
years federal pensionable service. In such a case any pension
payable to the widow or children is calculated as if the officer
had twenty years service on the date of his death, subject
to a reduction in cases where the public officer in the course
of his other public service had an opportunity of contributing
to a statutory widows' and orphans' pension scheme.
Since the pensions payable under the scheme are
based on the amount of pension to which the deceased public
officer was eligible, and since the amount of the officer's
pension is directly related to the length of his pensionable
service, the contributions due from public officers must be
paid in respect of their entire federal pensionable service.
This means that it will be necessary for serving officers who
elect that the Act shall apply to them, to make contributions
in respect of the federal pensionable service- they had prior
to the commencement of the Act, and special provision is
included in the scheme whereby such officers may, if they
wish, make these contributions in a lump sum payment at the
date when the Act commences or alternatively they may
postpone payment of their contribution in respect of that
period until the end of their public service when it will be
paid in accordance with the second method outlined above.









The Widows' and Children's Pension Bill


THE WEST INDIES

THE WIDOWS' AND CHILDREN'S PENSION
BILL.

ARRANGEMENT OF CLAUSES
Clause
1. Short title, commencement and application.
2. Interpretation.
3. Application of Act to serving officers and those appointed in the
future.
4. Application of Act to judges of Federal Supreme Court.
5. Power to grant widows' and children's pensions.
6. Pensions under this Act to depend on deceased's eligibility for
pension.
7. Minimum benefit.
8. Widow's pensions.
9. Bankruptcy of a widow.
10. Payment of pension in cases of desertion.
11. Children's pensions-beneficiaries.
12. Children's pensions: rate and mode of payment.
13. Periodical contributions.
14. Return of periodical contributions.
15. Contribution by reduction in pension or gratuity.
16. Lump sum contribution by existing officers.
17. Contribution by reduction in pension or gratuity in respect of a
transferred officer.
18. Contributions payable in respect of re-employed pensioner.
19. Information to be furnished.
20. Penalty for non-compliance.
21. Marriages of public officers whose early death is to be foreseen.
22. Pension not to be assigned.
23. Mode of making elections.
24. Proof of claims to pensions.
25. Exercise of Governor-General's functions.
26. Financial provisions.



A Bill intituled

AN ACT to make provision for granting pensions to
widows and children of deceased public officers, and for
purposes connected therewith.

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:-









4 The Widows' and Children's Pension Bill

Short title, 1. (1) This Act may be cited as the Widows' and
ment and Children's Pension Act, 1960, and, subject to the provisions
applica- of subsection (2) of this section, shall come into operation
ion. on the first day of January, 1961, hereinafter referred to as
the date of commencement of this Act.
(2) (a) This Act shall apply to the Cayman Islands
and the Turks and Caicos Islands.
(b) This Act shall, in relation to the Cayman
Islands and the Turks and Caicos Islands,
come into operation on such day as the
Governor-General may appoint by procla-
mation in the Gazette.

nterpre- 2. (1) In this Act unless the context otherwise requires-
tation.
"child", in relation to a person includes an illegiti-
mate child, a step-child and an adopted child;
"this Government" means the Government of The
West Indies;
"pensionable emoluments" has the same meaning as
in section 2 of the Pensions Act;
"pensionable office" has the same meaning as in
section 2 of the Pensions Act;
"pensionable service" has the same meaning as in
regulation 2 of the Pensions Regulations;
"public officer" means a male person serving in
the public service in a pensionable office, whether
on probation or not;
"retirement on medical grounds" in relation to a
public officer, means-
(a) in the case of retirement from the public
service of this Government, retirement in
circumstances in which paragraph (e) of
section 6 of the Pensions Act would apply; or
(b) in the case of retirement from other public
service, retirement in circumstances in which
the corresponding provision of the law of
the public service in which he is last employed
would apply;







The Widows' and Children's Pension Bill


"public service" has the same meaning as in
section 2 of the Pensions Act;
"other public service" has the same meaning as in
section 2 of the Pensions Act;
"Pensions Act" means the Pensions Act, 1958; cap. 512
"Pensions Regulations" means the Pensions Regu- Cap 512
lations, 1958;
"qualifying service" has the same meaning as in
regulation 2 of the Pensions Regulations;
"service in the Group" has the same meaning as in
regulation 8 of the Pensions Regulations;
"widow", in relation to any contributor, means the
person who was immediately prior to his decease
his wife.

(2) When the marriage of any contributor has been
annulled or dissolved by the decree of any competent Court,
the provisions of this Act shall, in relation to the contributor,
have effect as if the wife had died and the contributor shall
be deemed to ]ave become a widower at the date of such
decree of anullment or dissolution.

(3) (a) A person shall be deemed for the purposes
of this Act to be in his period of childhood
and full-time education while either-

(i) he is under the age of twenty-one
years; or
(ii) he is receiving full-time instruction at
any university, college, school or other
educational establishment; or
(iii) he is undergoing training by any person
(hereinafter referred to as "the em-
ployer") for any trade, profession or
vocation in such circumstances that-
(aa) he is required to devote the whole of his time
to the training for a period of not less than
two years; and







6 The Widows' and Children's Pension Bill

(bb) while he is undergoing the training, the
emoluments receivable by him, or payable
by the employer in respect of him, do not
exceed two hundred and forty dollars a year,
exclusive of any emoluments receivable or
payable by way of return of any premium
paid in respect of the training:
Provided that a person shall not be deemed for
the purposes of this section to satisfy the condition specified
in sub-paragraph (ii) or the condition specified in sub-
paragraph (iii) of this paragraph unless there has up to
then been no time since he attained the age of twenty-one
when he did not satisfy one or other of those conditions.
(b) As respects any period during which neither
of the conditions specified in sub-paragraphs
(ii) and (iii) of paragraph (a) of this sub-
section is satisfied in relation to a person, the
Governor-General may, if he thinks fit and is
satisfied that that person's full time education
ought not to be regarded as completed, direct
either-
(i) that that period shall be ignored for the
purposes of the proviso to paragraph (a)
of this subsection; or
(ii) that that period shall be ignored and shall
also be treated as part of his period of
childhood and full-time education for all
the other purposes of this Act, except
such purposes, if any, as may be specified
in the direction.
(4) Any reference in this Act to an adopted child of
a person shall be construed as a reference to a child adopted
by him (whether alone or jointly with any other person) in
accordance with the law of the place where he was resident
at the time of the adoption and reference to a person by whom
another person has been adopted shall be construed
accordingly.
(5) Any reference in this Act to a person ceasing to
be a public officer includes a reference to the death of a person
who dies while he is a public officer.







The Widows' and Children's Pension Bill


(6) Any reference in this Act to the service of a public
officer in the service of this Government includes any period
of service taken into account for the purposes of the Pensions cap. 512
Act, under the provisions of subsection 2 of section 2 of that
Act.

3. (1) Subject to the provisions of the next following Applica-
section this Act shall apply to- tAo to
serving
(a) every person who is a public officer in theoficersand
service of this Government at the date of the those
appointed
commencement of this Act and elects, beforein the
the thirty-first day of January, 1961, that thisfuture.
Act shall apply to him; and
(b) every person who is appointed to be a public
officer in the service of this Government after
the date of the commencement of this Act.
(2) Any public officer who has not elected that this
Act shall apply to him under the provisions of paragraph (a)
of subsection (1) of this section and subsequently marries
may within the period of three months next following the
date of his marriage elect that this Act shall apply to him.

(3) In any case where an officer to whom paragraph
(a) of subsection (1) or subsection (2) of this section applies
has been absent from the Territory in which he is normally
stationed for the whole or a substantial portion of the period
within which he is required to elect that this Act shall apply
to him, or in any other case where similar exceptional circum-
stances exist, the Governor-General may extend the time
within which such an election is required to be made.

4. (1) Subject to the provisions of this section the pro-Applica-
visions of this Act shall not apply to any person appointed t tof
to the office of judge of the Federal Supreme Court. judges of
Federal
Supreme
(2) The Governor-General may make regulations forrout.
the purpose of applying the provisions of this Act to persons
appointed to the office of judge of the Federal Supreme Court.
(3) Without prejudice to the generality of the power
conferred under subsection (2) of this section, regulations
made thereunder may-







8 The Widows' and Children's Pension Bill

(a) provide for the modification of the provisions
of any Act or of any subsidiary legislation
made thereunder;

(b) prescribe the date from which the provisions
of this Act shall apply to any such person,
the rate or amount of contribution payable by
such persons, or the rate or amount of pension
payable to the widow and children of such
persons; and

(c) provide for any matters incidental to any of
the purposes aforesaid;

(d) be given retrospective effect to such extent
and for such purposes as may be prescribed
therein.

(4) All regulations made under this section shall be
laid before each chamber of the Federal Legislature and
published in the Gazette.

Power to 5. Subject to the provisions of this Act, the Governor-
idows, General may on the death of a person to whom this Act
and applies (in this Act referred to as "the deceased") grant, in
children's
pensions. respect of his service-

(a) where he leaves a widow, a pension to that
widow (in this Act referred to as a "widow's
pension"); and

(b) where he had a wife at any time (whether or
not the marriage continued until his death
and whether or not a widow's pension is or
can be granted), a pension for the benefit of
the children of the marriage and, in certain
circumstances, of other children of his or hers
(in this Act referred to as a "children's
pension"):

Provided that any marriage of the deceased which
takes place after he has ceased to be a public officer shall be







The Widows' and Children's Pension Bill 9


left out of account for the purpose of this Act, and any
reference in this Act to marriage, a wife, the widow or the
children of the deceased shall be construed accordingly.

6. (1) A pension shall not be granted under this Act Pensions
unless- under this
Act to
(a) the deceased had become eligible for the grant depend on
of a pension under the provisions of the ideeasd'
Pensions Act, (whether such a pension had for
actually been granted or not); or pension.

(b) the deceased would have become eligible for
the grant of a pension under the provisions
of the Pensions Act if the provisions of regu- Cap. 512
lation 4 of the Pensions Regulations, (which Sch.)
relates to minimum qualifying service) had
not been applicable to him; or

(c) the deceased was still serving as a public
officer at the time of his death and would, if-

(i) he had retired on medical grounds, and

(ii) he had been confirmed in a pensionable
office, and

(iii) the provisions of regulation 4 of the
Pensions Regulations (which relates to
minimum qualifying service) or of the
corresponding provisions in the law or
regulations of the public service in which
he was employed at the date of his death,
had not been applicable to him, and
(iv) he had completed at least one month's
pensionable service,
have become eligible for the grant of a
pension.

(2) In this Act-
(a) references to the basic pension of an officer
mean the pension for which, under the
Pensions Act, he was eligible on the date of







10 The Widows' and Children's Pension Bill

his death (whether such a pension at that or
any other rate had actually been granted or
not) or, as the case may be, for which he
would have become eligible, calculated, in
either case, with reference to his pensionable
service only, and any abatement, addition or
other pension or allowance which may or
might be made under the provisions of the
Pensions Act, shall be left out of account; and

(b) subject to the provisions of section 7 of this
Act the expression "the rate of the pension
of the deceased" means the annual rate of the
basic pension of the deceased.

Minimum 7. Where the deceased was a public officer in the
benefit. service of this Government at the time of his death or had
retired from that service in the circumstances mentioned in
paragraphs (c), (d) or (e) of section 6 of the Pensions Act,
and at the time of his death or retirement, his pensionable
service under this Government was less than twenty years,
his basic pension-

(a) where during his total pensionable service he
had had no opportunity of contributing to a
statutory widows' and orphans' pensions
scheme otherwise than under this Act, shall
be computed as if his total pensionable service
had been pensionable service under this
Government for a period of twenty years, or
where his period of such service would have
been less than twenty years if he had died or
retired at the age of sixty years, for such
lesser period;

(b) where during or throughout his pensionable
service otherwise than under this Government
he had had an opportunity of contributing to
a statutory widows' and orphans' pensions
scheme, shall be increased by an amount equal
to the difference between the basic pension for
which he would have been eligible if his total
pensionable service had been wholly under








The Widows' and Children's Pension Bill 11

this Government and paragraph (a) of this
section had applied to him, and the basic
pension for which he would have been
eligible if his total pensionable service,
excluding any period or periods during which
he had no opportunity of contributing to a
statutory widows' and orphans' pensions
scheme, had been wholly under this Govern-
ment and paragraph (a) of this section were
left out of account.

8. (1) A widow's pension shall not be granted if- pensions

(a) the widow was at the time of the death of the
deceased cohabiting with a person other than
the deceased; or

(b) after the death of the deceased the widow
remarries or cohabits with any person,

and if, after the grant of a widow's pension, the
widow remarries or cohabits with any person, the
pension shall cease as from the date of the
remarriage or the commencement of the cohabi-
tation:

Provided that where-

(i) a pension is withheld or ceases under this
section; and
(ii) the Governor-General is satisfied at a sub-
sequent date that the marriage or cohabit-
ation has come to an end or that there are
compassionate grounds for the payment of
pension notwithstanding the marriage,

the Governor-General may, if he thinks fit, grant
or regrant the pension as from that date.
(2) Subject to the provisions of subsection (1) of this
section, a widow 's pension may be paid in respect of the
whole period from the death of the deceased to the death of
the widow.








'The Widows' and Children's Pension Bill


(3) The annual rate of a widow's pension may amount
to one-third of the rate of the basic pension of the deceased.

(4) Where the annual rate of a widow's pension is
less than two hundred and forty dollars per annum, the
Governor-General may, on the application of the widow
made within three months next following the grant of the
pension, or within such extended period as the Governor-
General may allow, commute the pension by paying to her
a sum which in the opinion of the Governor-General, is
actuarially equivalent, at the date of payment, to the value
of the pension.
Bankruptcy 9. If a person to whom a widow's pension has been
widow. granted is adjudicated bankrupt, or declared insolvent by
any competent court such pension shall cease as from the
date of the bankruptcy or insolvency:

Provided that where a pension ceases under this
section the Governor-General may, from time to time, during
the remainder of her life, or during such shorter period or
periods, either continuous or discontinuous as he thinks fit,
authorise the payment to such widow of an allowance at a
rate not exceeding the rate of such pension or may authorise
the application of such allowance for the maintenance and
personal support of such widow, in such manner and at such
time as he thinks fit.
Payment of 10. Where the deceased leaves a widow who does not
pension in assist or deserts or abandons a child whom she is bound by
eases of
desertion, law to maintain, the Governor-General may direct that such
portions of the widow's pension as he thinks fit shall be paid
to such person as he may direct and be applied by him for
the benefit of such child.
sChilren's 11. (1) A children's pension may be granted if, and be
bene- paid so long as and whenever, there are persons for whose
ficiaries. benefit it can enure.

(2) Subject to the provisions of this section, the
persons for whose benefit a children's pension can enure are
the children of the deceased or of any wife of his who are for
the time being in their period of childhood and full-time
education.








The Widows' and Children's Pension Bill 13

(3) A children's pension cannot ensure for the benefit
of any person-

(a) conceived after the deceased ceased to be a
public officer;

(b) by reason that he is the illegitimate child or
the adopted child of the deceased, if he was
born, or, as the case may be, adopted after
the termination of the deceased's last
marriage or after the deceased had ceased to
be a public officer;

(c) by reason that he is the child of a wife of the
deceased, if he was born or became her child
after the termination of the marriage or after
the deceased had ceased to be a public officer;.

(d) by reason that-

(i) he is the illegitimate child of the
deceased; or

(ii) he is the step-child of the deceased and
a child of a wife of his; or

(iii) he is a step-child, adopted child or
illegitimate child of a wife of the
deceased,

unless he was wholly or mainly dependant on the
deceased at the time of his death.

(4) A children's pension cannot ensure for the benefit
of-

(a) a female person who at the time of the death
of the deceased is married or cohabiting with
any person, and if, after the death of the
deceased, a female person marries or cohabits
with any person, she shall thereupon cease to
be a person for whose benefit a children's
pension can enure:








14 The Widows' and Children's Pension Bill

Provided that where-

(i) a pension is withheld from or does not
enure for the benefit of a person by virtue
of this subsection; and

(ii) the Governor-General is satisfied at a
subsequent date that the marriage or
cohabitation has come to an end or that
there are compassionate grounds for
permitting the pension to ensure for her
benefit notwithstanding the marriage,

the Governor-General may, if he thinks fit, grant
the pension, or as the case may be, permit the
pension to ensure for her benefit, as from that date;

(b) a child of the deceased or any wife of his who
is adopted by any other person during the life
time of the deceased.
Children's 12. (1) Only one children's pension shall be granted in
pensions:
rate and respect of the service of any one person, but
mode of
payment. (a) the rate thereof may vary according to the
number of persons for whose benefit it can for
the time being enure; and

(b) it shall be paid to such person or persons as
the Governor-General may from time to time
direct, and different parts thereof may be
directed to be paid to different persons; and

(c) the person to whom all or any part thereof is
paid shall apply the sum paid to him, without
distinction, for the benefit of all the persons
for whose benefit the pension can for the time
being ensure or for the benefit of such of them
as the Governor-General may from time to
time direct.

(2) Where the deceased leaves no widow, and, if he
leaves a widow, after her death, the annual rate of a children's
pension-







The Widows' and Children's Pension Bill 15

(a) while the persons for whose benefit it can
ensure are two or more in number, may amount
to one half of the rate of the basic pension of
the deceased;
(b) while there is only one such person, may
amount to one quarter of the rate of the
basic pension of the deceased.
(3) Subject to the provisions of the next succeeding
subsection, where the deceased leaves a widow, the annual
rate of a children's pension during her life-

(a) while the persons for whose benefit it can
enure are two or more in number, may amount
to one-third of the rate of the basic pension
of the deceased;

(b) while there is only one such person, may
amount to one-sixth of the rate of the basic
pension of the deceased:

Provided that where all the p rsons for whose
benefit a children's pension can enure were t the time of the
death of the deceased in the care of some erson other than
the widow, the Governor-General may, if h thinks fit, direct
that subsection (2) of this section shall appl notwithstanding
that the widow is still alive.

(4) Notwithstanding anything in t e preceding pro-
visions of this section, where the decease leaves a widow
and no widow's pension is granted to her o if one is granted
to her, it ceases to be paid before her d ath, no children's
pension shall be payable as respects any period comprised
within the lifetime of the widow or within he time in respect
of which no widow's pension is payable, a the case may be,
unless the Governor-General specially dects that such a
pension shall be so payable, but if the Gov rnor-General does
specially so direct, he may if he thinks fit, further direct that
subsection (2) of this section shall app y as respects any
such period notwithstanding that the wi pow is alive.

(5) (a) Where the annual rate of children's pension
is less than two hundred and forty doll rs per annum, the







16 The Widows' and Children's Pension Bill

Governor-General may, on the application of any person
made within three months next following the grant of the
pension, or within such extended period as the Governor-
General may allow, commute the pension by paying to such
person or persons as he thinks fit, a sum which in the opinion
of the Governor-General, is actuarially equivalent, at the
date of the payment, to the value of the pension.

(b) The provisions of this subsection shall not
apply where a widow's pension has been granted and the
aggregate of the annual rates of the widow's pension and the
children's pension exceeds two hundred and forty dollars
per annum.
Periodical 3. (1) (a) Every person who elects under paragraph (a)
contribu-
tions. of subsection (1) or under subsection (2) of section 3 of this
Act that this ,Act shall apply to him shall at the same time
elect whether or not to make contributions under this section.

(b) Every person who is appointed to be a public
officer in the service of this Government after the date of the
commencement of this Act shall within two months of the
date of his appointment elect whether or not to make contri-
butions under this section.

(c) Every person who on the date of his appoint-
ment to be a public officer in the service of the Government
is unmarried and who marries thereafter, shall, unless he has
previously elected under either paragraph (a) or (b) of this
subsection to make contributions under this section, again
elect within two months of the date of his marriage whether
or not to make such contributions.

(2) In any case where an officer has been absent from
the Territory in which he is normally stationed for the whole
or a substantial portion of the period within which he is
required to elect under subsection (1) of this section whether
or not to make contributions under this section, or in any
other case where similar exceptional circumstances exist,
the Governor-General may extend the time within which such
an election is required to be made.


(3) Contributions by an officer under this section-








The Widows' and Children's Pension Bill 17

(a) shall be equal to two per centum of the
amount of pensionable emoluments from time
to time payable to him;

(b) shall be payable in respect of his pensionable
emoluments-

(i) from the date as from which his election
to pay contributions becomes effective
until he ceases to be a public officer under
this Government; and

(ii) in the case of an officer transferred to
other public service who subsequently
renters the public service of this
Government, from the date of his re-entry
until he ceases to be a public officer under
this Government:

Provided that no contributions shall
be payable in respect of any period which
is not taken into account as pensionable
service.

(c) shall be paid by monthly abatements from the
officer's salary, or in exceptional cases., at such
other times or in such other manner as the
Governor-General shall determine.

(4) An election by an officer under subsection (1) of
this section shall be effective as from the date of his first
appointment to be a public officer in the service of the
Government or the first day of January, 1961, whichever is
the later:

Provided that in the case of a person who-

(a) on the date of his first appointment to be a
public officer in the service of this Government
or at the date of the commencement of this
Act, is unmarried, and


(b) marries thereafter, and








18 The Widows' and Children's Pension Bill

(c) has not already elected under either para-
graph (a) or (b) of subsection (1) of this
section to make contributions under this
section,

an election shall be effective as from the first day of the
month in which he marries.

(5) Contributions under this section are in this Act
referred to as periodical contributions.

Return of 14. (1) If-
periodical
contribu- (a) when a person who has made periodical con-
tions. tributions ceases to be a public officer, it
appears that he has had no wife throughout
the period commencing with the date of his
first appointment as a public officer in the
service of this Government and terminating
on the date when he ceases to be a public
officer; or

(b) a person who has made periodical contri-
butions ceases to be a public officer under
such circumstances that he is not eligible for
the grant of a pension and would not have
become eligible under the provisions of para-
graph (b) or paragraph (c) of subsection (1)
of section 6 of this Act,
the whole of his periodical contributions shall be returned
to him or to his legal personal representative.
(2) Where a person who has made periodical contri-
butions ceases to be a public officer in such circumstances
that he is eligible only for the grant of a gratuity, then,
unless he retired from the public service in the circumstances
Cap. 512 defined in paragraph (e) of section 6 of the Pensions Act, he
may elect that the whole of his periodical contributions may
be returned to him in return for the surrender of such
benefits as might enure under this Act to his widow and his
or her children.
(3) If a person who has made periodical contributions
has no wife when he ceases to be a public officer, there shall







The Widows' and Children's Pension Bill


be returned to him or to his legal personal representative
such of those contributions, beginning with the last of them,
as is necessary to secure that the period in respect of which
such contributions have been paid by him without being
returned does not extend beyond the date on which he last
had a wife.

(4) Where any contributions are returned under this
section, they may be returned with an addition of one-and-a
quarter per cent of the aggregate amount of the returned
contributions for each year and part of a year of service in
respect of which the contributions were made:

Provided that the Governor-General may authorise
the addition payable under this subsection to be at such
increased rate as he may from time to time determine.

15. (1) Subject to the provisions of this Act, where aContribu-
pension or gratuity under the Pensions Act becomes payabletion by
to or in respect of a public officer to whom this Act applies, inpension
payment shall be made in respect of the contributions dueor gratuity.
from him under this Act, in the form of a reduction-

(a) in the gratuity, where one is payable, or

(b) where no such gratuity is payable, or the
payment due under this section exceeds the
gratuity, then to the extent of such excess,
m any such pension payable.

(2) A payment shall not be made under this section
where-

(a) the public officer has no wife when he ceases
to be a public officer and has had no wife
throughout the period commencing with the
date of his first appointment as a public officer
in the service of this Government and ter-
minating on the date when he ceases to be a
public officer; or

(b) being eligible under the provisions of sub-
section (2) of section 14 of this Act, the public







The Widows' and Children's Pension Bill


officer elects to surrender such benefits as
might enure under this Act to his widow and
his or her children; or

(c) the number of relevant months as defined in
subsection (4) of this section, is nil.

(3) (a) Where the payment by a public officer under
this section takes the form of a reduction in
the amount of the pension, it shall be made at
an annual rate of two-twenty-fifths of the
total amount of the contribution.

(b) Where the payment takes the form of a
reduction in gratuity it shall be equal to the
total amount of the contribution.

(c) For the purpose of this subsection-

"the total amount of the contribution" means
the sum equal to one-twelfth of two per
centum of the person's annual pensionable
emoluments when he ceased to be a public
officer, multiplied by the number of relevant
months as defined in subsection (4) of this
section;

"annual pensionable emoluments" means the
emoluments which would be taken for the
purpose of computing the public officer's
pension or gratuity in accordance with the
provisions of regulation 18 of the Pensions
Regulations.
(4) In this section, the expression "the number of
Relevant months" means-
(a) if the public officer has a wife when he ceases
to be a public officer, the number of completed
months of pensionable service under this
Government which he then has;
(b) if the public officer has no wife when he
ceases to be a public officer, the number of







The Widows' and Children's Pension Bill 21

completed months of pensionable service
under this Government which he had when
he last had a wife before that date,

reduced in each case by the number of months, if any, for
which periodical contributions have been made by him and
are not returnable.

(5) Where the payment due from a public officer under
this Act takes the form of a reduction in his pension and that
pension ceases under the provisions of either section 14, 15
or 16 of the Pensions Act, sums equivalent to those by which Cap. 512
the pension would have been reduced had it not ceased, shall
be deemed to have been paid on account of the payment due
under this Act.

16. (1) Where a public officer in the service of this Lumpsum
Government at the date of the commencement of this Act,tion by
elects under the provisions of section 3 of this Act that this existing
Act shall apply to him he may further elect at the same offers.
time to make a lump sum contribution equal to-

(a) in the case of an officer to whom subsection
(2) of section 3 of this Act does not apply, two
percent of the total pensionable emoluments
received by him during the period of his
pensionable service under this Government
prior to the commencement of this Act;

(b) in the case of an officer to whom subsection
(2) of section 3 of this Act applies, one
twelfth of two per cent of his annual pension-
able emoluments, ascertained in accordance
with regulation 18 of the Pensions Regula-cap. 512
tions at the date of his marriage, multiplied by (Sch.)
the number of months of his pensionable
service under this Government which he had
on the first day of the month in which he
marries.

(2) Where a public officer has made a lump sum con-
tribution under the provisions of subsection (1) of this section
he shall be deemed to have made periodical contributions







22 The Widows' and Children's Pension Bill

for the period of his pensionable service taken into account
in calculating the amount of such lump sum contribution.

contribu- 17. Where a payment on account of contribution falls
tion by
reduction to be made under section 15 of this Act by or in respect of a
in pension public officer whose service includes service otherwise than
or gratuity
in respect under this Government, then-
of a
transferred
officer. (a) if such payment becomes due on his death
while in the service of this Government, or
on his retirement from the public service, the
amount by which the pension or gratuity
payable to or in respect of him under the
Cap. 512 Pensions Act, may be reduced under section
15 of this Act shall be limited to such an
amount as shall bear the same proportion to
the aggregate amount of the contributions
which would fall to be made by or in respect
of him under section 15 of this Act had his
service in the Group been wholly in the service
of this Government as the aggregate amount
of his pensionable emoluments during his
service under this Government bears to the
aggregate amount of his pensionable emolu-
ments throughout his service in the Group:

Provided that for the purposes of this
paragraph the aggregate amount of an
officer's pensionable emoluments shall be
calculated in accordance with paragraph (3)
of regulation 9 of the Pensions Regulations:

(b) if such payment becomes due on the death of
the officer while he is in other public service,
no pension shall be payable to his widow or
to any children of his or hers under the pro-
visions of this Act unless a sum equal to the
amount by which, if he had died in the service
of this Government, the gratuity payable in
respect of him would have been reduced under
the provisions of the preceding paragraph is
paid to the Accountant General within six







The Widows' and Children's Pension Bill 23

months next following his death or within
such extended period as the Governor-General
may allow.

18. Where a public officer, whose pension has been ontribu-
suspended under section 11 of the Pensions Act, or whosetions
~payable in
earlier public service is taken into account in accordance expect of
with the provisions of regulation 15(2) (b) of the Pensions re-employed
pensioner.
Regulations, has had a reduction made in the pension or pnp.o12.
gratuity granted to him under that Act in accordance with(Sch.)
the provision of section 15 of this Act he shall-

(a) if such reduction had been made from the
aforesaid gratuity, be deemed to have made
periodical contributions in respect of the
period of his pensionable service taken into
account in calculating the amount of such
reduction;

(b) if such reduction had been made from the
aforesaid pension, be deemed to have made
,periodical contributions in respect of that
proportion, not exceeding the whole, of his
pensionable service taken into account in
,calculating the amount of such reduction as
the actual amount of the contribution paid
by way of reduction in pension bears to the
total amount of the contribution used in
determining the amount of the reduction.

19. (1) Every public officer to whom this Act appliesinformation
shall- to be
furnished.
(a) within three months of the date of his first
appointment to be a public officer in the
service of this Government or of the date of
the commencement of this Act, whichever is
the later, notify to the Accountant General,
in writing, if he is married or a widower with
children who are in their period of childhood
and full-time education the dates of his
marriage and the births of his and his wife's
children;







24 The Widows' and Children's Pension Bill

(b) if he marries, notify his marriage to the
Accountant General in writing within three
months of the marriage;

(c) notify to the Accountant General within three
months of the event-

(i) the birth of any child born to him or the
adoption of any child by him;

(ii) the marriage of any female child during
her period of childhood and full-time
education;

(iii) the death of his wife and the death or
adoption of any children who are in their
period of childhood and full-time educa-
tion;

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

(2) The widow of a public officer to whom this Act
applies shall notify to the Accountant General in writing
within three months of the event-

(i) the date of his death;

(ii) the birth of any posthumous child born
to him;

(iii) the marriage of any female child during
her period of childhood and full-time
education;

(iv) the death of any child during his period of
childhood and full-time education;

(v) her own re-marriage or bankruptcy.

(3) Any statement or notice made or given in
pursuance of the provisions of this section shall be proved by
the production of birth, death or marriage certificates or by









The Widows' and Children's Pension Bilt 25

affidavit or otherwise to the satisfaction of the Accountant
General.

20. (1) Any public officer to whom this Act applies or aPenaltyfor
widow of such officer who fails or neglects to comply with any compliance.
of the requirements of the preceding section shall, for each
default, be liable, at the discretion of the Governor-General,
to pay a fine not exceeding ten dollars which may be deducted
from his salary, or, as the case may be, from his or her pension.

(2) If any public officer to whom this Act applies or
a widow of such officer, makes any false statement respecting
any of the particulars required by this Act to be given to the
Accountant General, all or any part of the rights or benefits
which would or might enure to him or his widow and children
under this Act shall be liable to be forfeited at the discretion
of the Governor-General.

21. Where a public officer marries and- Marriages
of public
officers
(a) he dies within the year beginning with the whose
date of the marriage; and death
is to be
(b) there are no children born of the marriage; foreeen.
and

(c) the Governor-General is of the opinion that
his death within the year beginning with the
date of the marriage was, at that date, to be
foreseen by the public officer,

the Governor-General may direct that this Act shall have
effect as if the marriage had not taken place and all the
necessary adjustments shall be made accordingly.

22. Except as may be expressly provided in this ActPensionb
1o .. n n --i r thnot to be
no pension payable, and no rights of any person, under theassigned.
provisions of this Act shall be assignable or transferable or
liable to be attached, sequestered or levied upon for, or in
respect of, any debt or claim whatsoever.

23. (1) Any election authorised to be made under this Act Mode of
shall be in writing and shall be made to the Accountant eIctlons.
General.








26 The Widows' and Children's Pension Bill

(2) The date of the making of the election shall be
deemed to be the date of the receipt of the written notification
of the election by the Accountant General.

(3) After the expiry of any period within which an
election under this Act is required to be made, any such
election shall be irrevocable.

Proof of 24. The Accountant General may require such proof
pensios as he considers desirable that any person Who claims to be
entitled to a pension under this Act, or on behalf of whom
such claim is made, is alive and entitled to the pension, and
the payment of any pension may be refused until such proof
is furnished to the satisfaction of the Accountant General.
Exercise of 25. In the exercise of any of the functions conferred
Governor-
General's on him by or under this Act (other than the functions
functions, conferred by subsections (2) and (3) of section 4 or by the
proviso to subsection (4) of section 14 hereof) the Governor-
General is authorised to exercise that function in his discre-
tion after consultation with the Public Service Commission.

Finncia s. 26. (1) There shall be paid out of the general revenues of
the Federation-
(a) any pension, capital sum or return of contribu-
tion with or without interest which is payable
under or by virtue of any of the provisions of
this Act;
(b) any expenses incurred in the administration
of this Act.
(2) Contributions under this Act, except insofar as
they take the form of a reduction of a pension or a gratuity,
shall be paid into the general revenues of the Federation.


Printed by Yuille's Printerie Limited, Trinidad,
By Authority.







The Pensions (Amendment) Bill

THE WEST INDIES

THE PENSIONS (AMENDMENT) BILL.

OBJECTS AND REASONS

The object of this Bill is to make certain minor
amendments to the Pensions Act, 1958, (Cap. 512) made
necessary by certain provisions in the Widows' and Childrei's
Pensions Bill.







The Pensions (Amendment) Bill


THE WEST INDIES

ACT No. of 1960

THE PENSIONS (AMENDMENT) BILL.

ARRANGEMENT OF CLAUSES
Clause
1. Short title and commencement.
2. Amendment of section 9 of principal Act.
3. Amendment of section 15 of principal Act.
4. Amendment of section 16 of principal Act.



A Bill intituled

An Act to amend the Pensions Act, 1958.

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 (Amend-
commence-
ment and ment) Act, 1960 and shall be read as one with the Pensions
applica- Act, 1958 (hereinafter called the principal Act).
tion.
Cap. 512.
(2) Subject to the provisions of subsection (3) of this
section, this Act, shall come into operation on the first day
of January, 1961.

(3) (a) This Act shall apply to the Cayman Islands
and the Turks and Caicos Islands.

(b) This Act shall, in relation to the Cayman
Islands and the Turks and Caicos Islands, come into operation
on such day as the Governor-General may appoint by
proclamation in the Gazette.
Amendment
of section 2. Section 9 of the principal Act is amended by the
9 of repeal of subsection (4) thereof and its replacement by the
principal
Act. following:-






The Pensions (Amendment) Bill 3

"(4) For the purpose of this section-

(a) 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;

(b) no account shall be taken of any reduction in
pension or gratuity made under and for the
purpose of the Widows' and Children's
Pensions Act, 1960."

3. Subsection (4) of section 15 of the principal Act Amendment
is amended by adding the following words at the end thereof-- setion
principal
"and of all sums deemed to have been paid underAct.
the provisions of subsection (5) of section 15 of
the Widows' and Children's Pensions Act, 1960".

4. Section 16 of the principal Act is amended by Amendment
adding the following words at the end thereof- of sctio
principal
"and in computing the amount of any arrears ofAct.
pension payable to such person, account shall be
taken of all sums deemed to have been paid under
the provisions of subsection (5) of section 15 of the
Widows' and Children's Pensions Act, 1960."


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




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