THE FOLLOWING REFERENCE NUMBER
SHOULD BE QUOTED IN ANY REPLY
42
NO..
/2/7/109
44
HKA 4.30/2
CAYMAN ISLANDS
OFFICE OF THE GOVERNOR
GRAND CAYMAN
CAYMAN ISLANDS
29 October
Regish Ma
43
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Mrs E T Gregory
Hong Kong and General Department
FCO
Dear Mrs Gregory,
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MR. Hall
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2. The Cayman Islands Pensions Law (Cap 121) contains provision in the principal legislation and the regulations modelled on the draft amendment to Model Pensions Legislation enclosed with Colonial Office Circular Despatch dated 23 September 1948.
3.
Two points arise from your letter:-
(a)
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4/12
(b)
12.
You say that"you would look to the provisions of the local pension legislation and would expect a Governor to be treated no more generously than a person killed or injured while travelling on duty by air under the Principle Civil Service Pension Scheme."
Does this infer that the pension commitment would fall on the local government and not HMG? Or to put it another way that if a dependency had not made the appropriate amendments to its Pensions Law that in case of injury when travelling by air in pursuance of official instructions the Governor, or in case of death in like circumstances, his dependents would not qualify for benefit?
As Governor's pensions questions now fall to be dealt with under the new pensions scheme and I am obliged to you for making a copy available is it not preferable to amend this to make benefits under the Principle Civil Service Pension Scheme apply? If not the governments of dependencies should be informed that they have a liability for injury or death of a Governor when travelling by air in pursuance of official instructions of which they are currently unaware.
Who is to issue the certificate that a Governor is travelling "in pursuance of official instructions" required by paragraph 9 of Mr Creech Jones 1948 Despatch? If the liability is that of the territory will a certificate signed by the Financial Secretary suffice? If the ultimate liability is that of HMG is it possible to issue some kind of blanket approval to cover all journeys, or would you wish to issue specific approval on each occasion?
E.Grezz
all
4. While I understand the line taken by Pensions Dept and Personal Service Executive that Governors should be treated no more generously than under the Principle Civil Service Pension Scheme the point of this correspondence is to try to ensure that Governors are treated no less generously than pensionable HMOCS officers or officers serving overseas under TC terms: and that the entitlement on injury or death when travelling by air in pursuance of official instructions should be defined for them as clearly as it is for other UK officers serving overseas.
5.
I am most grateful for your patient handling of the matter.
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T Russell
GOVERNOR