JUDICIARY ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Application

   3   Interpretation

   4   Salaries of Judges

   4A   Appointment of Commission

   5   Entitlement to pensions

   6   Rate of pension

   7   Reduced pension and gratuity

   8   Gratuity on death

   9   Widows and orphans pension

   10   Pensions to dependants when a Judge dies as a result of injuries received or disease contracted in the discharge of his duties

   11   Pensions, etc, not to be assignable

   12   Regulations

      SCHEDULES

 

THE JUDICIARY ACT

[Date of Commencement: 1st April, 1973]

Acts
42 of 1973,
39 of 1975,
19 of 1987,
11 of 1992.

LNs
166/77,
137/80,
61A/83,
78/83,
230/86,
88A/">87,
30P/88,
98B/91,
90/03.

1   Short title

   This Act may be cited as the Judiciary Act.

2   Application

   (1) This Act applies to the office of Judge, so, however, that the provisions of this Act, other than section 4, shall not apply-

   (a)   subject to subsection (2), as respects any existing Judge who, by memorandum in writing to the Governor-General within six months from the 27th day of November, 1973, elects to have his terms of service regulated by the provisions which would have been applicable to him if this Act had not been enacted;

   (b)   as respects any Judge whose appointment as such is for an express number of months or years specified in the terms of his appointment.

   (2) An existing Judge who makes an election in accordance with subsection (1) may, by further memorandum in writing to the Governor-General within such time as the Governor-General may allow, finally and irrevocably withdraw the previous memorandum and upon such withdrawal the provisions of this Act shall apply to him in lieu of the provisions regulating his terms of service which so applied prior to the withdrawal.

   (3) A former Judge may by memorandum in writing to the Governor-General elect to have this Act apply in relation to him; and thereupon the provisions of this Act, other than section and the Second Schedule, shall apply accordingly as if they had been in force at the date of his retirement from the office of Judge so, however, that-

[29/1975 s 2; 19/1987 s 2(a).]

   (a)   any pension payable under this Act to a former Judge pursuant to an election under this subsection shall not be paid for any period prior to the 1st April, 1973;

[19/1987 s 2(a).]

   (b)   any pension paid pursuant to the Pensions Act to a former Judge on or after the 1st April, 1973, shall be deducted from any pension payable to him under this Act;

[19/1987 s 2(a).]

   (c)   no pension or allowance payable to any person by virtue of the application of this Act in relation to a former Judge shall be paid to that. person for any period prior to the 1st April, 1973;

[19/1987 s 2(a).]

   (d)   the reference to this Act in paragraph (a) of subsection (2) of section 8 (which relates to deduction of pension or gratuity already paid to a retired Judge from any gratuity payable to his estate) shall, for the purposes of this subsection, be deemed to include reference to the Pensions Act;

   (e)   if a former Judge who has made an election under this subsection had exercised his option under regulation 31 of the Pensions Regulations (which relates to reduced pension and gratuity) the pension payable to him under this Act shall beat the rate of three-fourths of the rate of pension which, apart from this paragraph, would have been so payable.

[19/1987 s 2(a).]

   (4) In subsection (3) "former Judge" means a person who retired from the office of Judge on or after the 6th August, 1962, and prior to the 1st April, 1973.

[19/1987 s 2(b).]

   (5) Where a former Judge has died prior to the 28th day of July, 1987, or dies subsequent to that date having been unable, due to physical or mental incapacity, to make an election pursuant to subsection (3), the election may be made by his widow or, in default of an election by the widow within six months after such date as aforesaid or the date of death, whichever is the later, by his legal personal representative.

[19/1987 s 2(c).]

3   Interpretation

   In this Act-

   "the Constitution" means the Constitution of Jamaica;

   "Court of Appeal" means the Court of Appeal established by the Constitution;

   "existing Judge" means a person who was a Judge on the 31st day of March, 1973, or who became a Judge after that date and before the 27th day of November, 1973;

   "Judge" means a Judge of the Court of Appeal or of the Supreme Court but does not include a person holding only acting office as such;

   "pensionable emoluments", "public service" and "other public service" have the same meanings as in the Pensions Act, and for the purposes of the definition of "pensionable emoluments", in so far as it includes house allowance, the office of Judge shall be deemed to be a prescribed office.

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