RETIRING ALLOWANCES (LEGISLATIVE SERVICE) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Contributors

   4   Contributions

   5   Service prior to 28th December, 1961

   6   Circumstances in which retiring allowances shall be paid

   7   Rate of allowance

   8   Cessation of retiring allowance if person in receipt thereof again becomes a legislator

   9   Refund of contributions

   10   Awards to widows

   11   Award to legal personal representatives

   12   Awards to be paid out of Consolidated Fund

   13   Awards not to be assignable

   14   Power to make regulations

   15   Special provisions relating to refunded contributions

      SCHEDULES

 

THE RETIRING ALLOWANCES (LEGISLATIVE SERVICE) ACT

[Date of Commencement: 28th December, 1961]

Law 51 of 1961.

Acts
34 of 1966,
50 of 1974,
24 of 1980
38 of 1995,
16 of 2008,
2 of 2013.

LNs
149B/79,
149E/79.

1   Short title

   This Act may be cited as the Retiring Allowances (Legislative Service) Act.

2   Interpretations

   In this Act-

   "appropriate Minister" means the Minister responsible for the Public service:

[LN 149B/79.]

   Provided that, in respect of any matter relate to an award to the person for the time being holding the office of Minister responsible for the public service, the appropriate Minister shall be the Prime Minister;

[LN 149E/">79.]

   "award" means any amount payable out of the Consolidated Fund to any person pursuant to this Act;

   "contributions" includes special contributions paid pursuant to this Act as in force prior to the 12th December; 1974;

[50/1974 s 2(a).]

   "contributor" means any legislator who by virtue of section 3 becomes a contributor under this Act, and includes any Arson who paid a special contribution under the provisions of this Act as in force prior to the 12th December, 1974;

[50/1974 s 2(a).]

   "Council of Ministers," and "Executive Council" refer to the bodies which under either of those names were constituted pursuant to provisions in the Jamaica (Constitution) Orders in Council, 1944 to 1957;

   "elected member" means a member of the House of Representatives;

   "former legislative service," means service prior to the 28th December 1961, but subsequent to the 14th day of December, 1944, as-

[34/1966 s 2(a).]

   (a)   a member of the House of Representatives; or

   (b)   a Minister or a member (other than an official member) of the Executive Council or Council of Ministers;

   "full parliamentary term" means the period commencing on the date of the first sitting of the Legislature after a general election and expiring at the date of the next ensuing dissolution of the Legislature;

[34/1966 s 2(b).]

   "house allowance" means-

   (a)   the house allowance paid to a legislator by virtue of his office; or

   (b)   in the case of a legislator who is provided with quarters, the amount referred to in paragraph (a);

[38/1995 s 2(a).]

   "legislator" means a person who-

[34/1966 s 2(c).]

   (a)   is an elected member; or

   (b)   not being an elected member, is the holder of a specified legislative office;

   "Minister" when not preceded by the word "appropriate", means a legislator appointed a Minister pursuant to section 70 of the Constitution of Jamaica;

   "one year's salary" for the purposes of an award under section 10 or 11 refers to the highest annual salary paid to the legislator in respect of whom the award is payable;

   "retiring allowance" means a retiring allowance payable pursuant to section 6;

   "salary" means-

   (a)   in respect of former legislative service

[34/1966 s 2(d).]

         (i)   the basic salary paid to a person by virtue of his being a member of the House of Representatives during the period of such service or where during that period any such member held a specified legislative office the basic salary paid in respect of the office so held;

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