RETIRING ALLOWANCES (PARISH COUNCILLORS) ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   Contributor

   4   Contributions

   5   Circumstances in which retiring allowances paid

   6   Normal rate of allowance

   7   Reduced retiring allowance

   8   Election of entitlement

   9   Cessation of retiring allowance if person in receipt thereof again becomes a councillor

   10   Refund of Contributions

   11   Awards to widows

   12   Award to legal personal representatives

   13   Awards to be paid out of the Consolidated Fund

   14   Awards not to be assignable

   15   Power to make regulations

      SCHEDULES

 

THE RETIRING ALLOWANCES (PARISH COUNCILLORS) ACT

[Date of Commencement: 1st January, 1986]

Act 8 of 2005.

1   Short title

   This Act may be cited as the Retiring Allowances (Parish Councillors) Act.

2   Interpretation

   (1) In this Act, unless the context otherwise requires-

   "appropriate Minister" means the Minister responsible for the public service;

   "award" means any amount payable to any person pursuant to this Act;

   "contributions" includes any special contributions paid pursuant to this Act;

   "contributor" means any councillor who by virtue of section 3 becomes a contributor under this Act;

   "councillor" means a person who-

   (a)   is an elected member of a parish council; or

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

   "full parish council term" means the period commencing on the date of the first sitting of the parish council after a local government election and expiring at the date of the next ensuing dissolution of that parish council;

   "house allowance" means-

   (a)   any house allowance paid to a councillor by virtue of his office; or

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

   "legislator" means a person who is a member of the House of Representatives or of the Senate and includes the holder of a specified office;

   "normal retiring allowance" has the meaning assigned to it by section 6;

   "one year's salary" for the purposes of an award under section 11 or 12 means the highest annual salary paid to the councillor in respect of whom the award is payable;

   "parish council" means the parish council of any parish of this Island and includes the Council of the Kingston and Saint Andrew Corporation;

   "recalculated retiring allowance" means a retiring allowance which is recalculated in accordance with section 9;

   "reduced retiring allowance" has the meaning assigned to it by section 7;

   "retiring allowance" means a retiring allowance payable pursuant to section 5;

   "salary" means-

   (a)   the basic salary payable to a person by virtue of his being a member of the parish council during the period of such service or where, during that period, any such person held a specified office, the basic salary payable in respect of that office;

   (b)   the basic salary paid to a person not falling within paragraph (a), by virtue of his being a member of the parish council or the holder of a specified office, as the case may be, during the period of such service,

and for the purposes of this definition, "basic salary" means the emoluments, including house allowance, provided in the Estimates of Revenue and Expenditure of the Island, but does not include duty allowance, entertainment allowance or any other allowance or emoluments whatever or any amount provided as a contribution to office or any other expenses;

   "specified office" means any of the offices specified in the Schedule or any office prescribed as such by the Minister responsible for the public service by notice in the Gazette.

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