A 18
[Subsidiary]
L.N. 17/76.
L.N. 123/80.
L.N. 123/80.
L.N. 123/80.
L.N. 249/83.
L.N. 123/80.
L.N. 123/80.
L.N. 123/80.
CAP. 89]
Pensions Regulations
[1987 Ed.
(4) The conditions upon which an annual allowance or gratuity may be granted under this regulation are
(a) subject to paragraphs (9) and (10), such service must have been continuous for a period of not less than 10 years:
(b)
Provided that such interruptions in service which may be disregarded under regulation 15 for the purpose of qualifying for and computing a pension may be disregarded for the purpose of qualifying for and computing an annual allowance under this regulation; and either
(aa) the officer must have attained the age of 55; or
(bb) where the officer's retirement is with the approval of the Governor, the officer must have attained the age of 45; or
(c) the Governor must be satisfied on medical evidence that he is incapable by reason of infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent; or
(cc) the officer's retirement must be necessitated by the abolition of his office; or
(d) the officer's retirement must be necessitated by the reorganization of the department to which he belongs in order to effect greater economy or efficiency.
(5) An officer to whom an annual allowance is granted under this regulation shall, if he has exercised his option as hereinafter provided, but not otherwise, be paid in lieu of such annual allowance an annual allowance at the rate of 75, 80, 85, 90 or 95 per cent of such annual allowance, respectively, as he shall have exercised his option, together with a gratuity equal to 14 times the amount of the annual reduction so made in the annual allowance.
(5A) The option referred to in paragraph (5) shall be exercisable, and if it has been exercised may be revoked, not later than the day immediately preceding the date of such officer's retirement:
Provided that the Governor may, if it appears to him equitable in all the circumstances so to do, allow him to exercise the option or revoke the option previously exercised at any time between that date and the actual date of award of the annual allowance under this regulation.
(5B) Subject to paragraph (5A), if an officer has exercised the option his decision shall be irrevocable so far as concerns any annual allowance to be granted to him under this regulation.
(5C) If an officer who has not exercised the option dies after he has finally retired but before an annual allowance has been granted to him under this regulation, it shall be lawful for the Governor to grant a gratuity and reduced annual allowance as provided in paragraph (5), as if the officer before his death had exercised his option to receive a gratuity and 75 per cent of the annual allowance.