PENSIONS ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Pension regulations

   4   Pensions, etc, to be paid out of the Consolidated Fund

   5   Pensions, etc, not of right

   6   Circumstances in which pension may be granted

   7   Retirement in the public interest

   8   Compulsory retirement

   9   [Repealed by Act 37 of 1997.]

   10   Liability of pensioners, etc, to be called upon to take further employment

   11   Suspension of pensions, etc, on re-employment

   12   Pensions, etc, not to be assignable

   13   Pensions, etc, to cease on bankruptcy

   14   Pensions, etc, may cease on conviction

   15   Pensions, etc, may cease on accepting certain appointments

   16   Gratuity where an officer dies in the service

   17   Pensions and gratuities on death of officer in the course of duty

   18   Death or injury owing to war conditions

   19   Application of Act

      SCHEDULE

 

THE PENSIONS ACT

[Date of Commencement: 21st November, 1947]

Cap 285.

Laws
28 of 1953,
36 of 1955,
23 of 1958,
44 of 1961,
15 of 1962.

Acts
27 of 1966,
49 of 1975,
36 of 1976,
28 of 1979,
21 of 1994,
37 of 1997,
20 of 2003.

LNs
109/1954,
142/1955,
115/1959,
211/1959,
163/1959,
204/1964,
367/1964,
75/1965,
323/1966,
48/1967,
89/1967,
216/1967,
217/1967,
282/1967,
283/1967,
603/1969,
55/1994.

1   Short title

   This Act may be cited as the Pensions Act.

2   Interpretation

   (1) In this Act-

   "pensionable office" means-

   (a)   in respect of service in this Island, an office established pursuant to the Civil Service Establishment Act and which has been declared by the Minister by a notification published in the Gazette to be pensionable, 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 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 pensionable office;

[44/1961 s 2; 49/1975 s 2.]

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

   "non-pensionable office means"-

   (a)   in respect of service in this Island, an office established pursuant to the Civil Service Establishment Act and which has been declared by the Minister by a notification published in the Gazette to be a non-pensionable office for the purposes of this Act; 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;

[44/1961 s 2; 49/1975 s 2.]

   (b)   in respect of other public service, an office which is not a pensionable office,

   "pensionable emoluments"-

   (a)   in respect of service in this Island, includes salary, personal allowance and house allowance, but does not include duty allowance or any other emoluments whatever;

   (b)   in respect of other public service, means emoluments which count for pension in accordance with the law or regulations in force in 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" means the house allowance which is granted in. respect of the office to which an officer is appointed, but does not include such allowance granted on condition that it shall not be pensionable:

   Provided that where an officer is appointed to an office in respect of which no house allowance is granted but that officer is provided with quarters, an amount equal to fifteen per cent of the minimum salary of the office to which the officer is appointed shall, for the purposes Officer Act, be regarded as house allowance;

[21/1994 s 2(c).]

   "public service" means service in a civil capacity under the Government of this Island, or under the Kingston and St. Andrew Corporation or any Parish Council, or under the Government of any Commonwealth country or of the New Hebrides or the Anglo-Egyptian Sudan, or service which is pensionable under the United Kingdom Teachers' (Superannuation) Act, 1925, or any enactment amending or replacing the same, or under the Oversea Superannuation Scheme, or in a University College within the Commonwealth or pensionable employment under a local authority in the United Kingdom, or any such other service as the Minister may determine to be "public service" for the purpose of any provision of this Act; and, except for the purposes of computation of pension or gratuity and of section 9, includes service as a Governor-General, Governor, or High Commissioner in any Commonwealth country, or the Anglo-Egyptian Sudan;

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