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CAP. 401 Pension Benefits (Judicial Officers)
[1988 Ed.
1988 Ed.]
Pension Benefits (Judicial Officers}
JCAP. 401
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while in service under the Government, the Governor shall grant, in addition to a death gratuity (if any)---
(i) if the officer leaves a spouse, a dependant pension to the spouse, while the spouse remains unmarried, at a rate of one-sixth of the officer's annual pensionable cmoluments at the date of the injury; but the Governor may grant a dependant pension under this paragraph at a rate not exceeding one-fourth of those pensionable emoluments; (ii) if the deceased officer leaves a spouse to whom a dependant pension is granted under paragraph (i) and one or more children, a dependant pension to cach child of an amount of one-eighth of the dependant pension granted in accordance with paragraph (i);
(iii) if the deceased officer leaves one or more children, but does not leave a spouse or leaves a spouse to whom no dependant pension is granted, a dependant pension to each child of double the amount determined under paragraph (ii) as if the officer had left a spouse;
(iv) if the deceased officer leaves one or more children and a spouse to whom a dependant pension is granted, and the spouse subsequently dies, re-marries or ceases for any other reason to receive the dependant pension, a dependant pension to each child as from the date of the death or marriage of the spouse, or the date on which a dependant pension to the spouse ceases, of double the amount in accordance with paragraph (ii);
(v) if the deceased officer does not leave a spouse, or leaves a spouse to whom no dependant pension is granted, and if the mother of the deceased officer was wholly or mainly dependent on the deceased officer for her support, a dependant pension to the mother, while the mother is without adequate means of support, of an amount not exceeding the dependant pension which could have been granted to the spouse under paragraph (i); or
(vi) if the deceased officer does not leave a spouse, or leaves a spouse to whom no dependant pension is granted, or does not leave any children or mother to whom a dependant pension is granted, and the father of the deceased officer was wholly or mainly dependent on the deceased officer for his support, a dependant pension to the father, while the father is, in the Governor's opinion, without adequate means of support, of an amount not exceeding the dependant pension which could have been granted to the spouse under paragraph (i).
(2) A dependant pension is payable as soon as possible after the death of the officer and shall be paid monthly or less frequently if so requested by the recipient.
(3) A dependant pension-
(a) is not payable under subsection (1) at any time in respect of more than
6 children;
(b) when granted under subsection (1) ceases -
(i) in the case of a child, at the appropriate time provided in subsection (4);
:
(ii) in the case of the deceased officer's mother, as from the date of re-marriage if the mother subsequently re-marries, or as from a date the Governor may determine if it appears to him at any time that the mother is adequately provided with other means of support; and
(iii) in the case of the deceased officer's father, as from a date the Governor may determine if it appears to him at any time that the father is adequately provided with other means of support.
(4) A dependant pension granted under subsection (1) to a child ceases-- (a) in the case of a male child, on the earlier of--
(i) his attaining the age of 18 years unless at the time he attains that age he is receiving full-time education;
(ii) the time at which he has since attaining the age of 18 years ceased to receive continuous full-time education; but a dependant pension that has ceased under this subparagraph may be paid again during the period when the full-time education is resumed; or
(iii) his attaining the age of 23 years; and
(b) in the case of a female child, on the earlier of-
(i) her marriage;
(ii) her attaining the age of 21 years unless at the time she attains that age she is receiving full-time education;
(iii) the time at which she has since attaining the age of 21 years ceased to receive continuous full-time education; but a dependant pension that has ceased under this subparagraph may be paid again during the period when the full-time education is resumed; or
(iv) her attaining the age of 23 years.
(5) For the purposes of subsection (1), “pensionable emoluments" includes pensionable emoluments enjoyed or drawn.
(6) For the purposes of subsection (4)--
(a) "full-time education" means full-time education at a university, college, school or other educational establishment recognized by the Director of Education; and
(b) a child on normal university, college, school or other educational establishment holidays or awaiting for a normal period for admission to a university, college, school or other educational establishment is receiving full-time education.
(7) For the purposes of this section
(a) where an officer contracts a marriage and by reason of its form the officer is or becomes lawfully married to more than one woman at the same time, "wife" (without prejudice to the definition of “wife” in section 2) means the woman whom the officer first married; but where a wife eligible for a dependant pension under this section ceases to be so eligible and at the same time of the cessation the officer was lawfully married as mentioned to another wife or other wives the officer shall be deemed for the purposes of this section to have become a widower at the time of the cessation and simultaneously to have married the woman who at that time was his wife and whom he married first after his marriage to the wife who has ceased to be eligible;
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