20
CAP. 401]
Pension Benefits (Judicial Officers)
[1988 Ed.
(7) Where the Governor directs that a particular commuted pension gratuity shall be payable on a date that is earlier than the day on which the gratuity would otherwise be payable under subsection (6), that commuted pension gratuity is payable on the specified date.
(8) Where an officer retires in accordance with a compensation scheme, the reduced pension and the commuted pension gratuity shall be computed, and is payable, in accordance with the compensation scheme applicable to the officer.
Husband entitled to pension benefits only if dependent
27. No pension benefits shall accrue to a husband of a female officer under section 20(1)(i) or 30(3), nor shall he be a beneficiary under section 18(2), unless evidence to the satisfaction of the Chief Justice is produced to show that he is wholly or mainly dependent on his wife for support by reason of his infirmity of mind or body, illness or old age.
Suspension of pension on re-appointment to the service
28. (1) If an officer who is eligible for a pension or to whom a pension has been granted is re-appointed to the public service, or appointed to service in any subvented organization which is determined to be public service for the purposes of this section by the Governor by notice in the Gazette, the payment of the pension may be suspended during the period of his service after his re-appointment or appointment, as the case may be.
(2) A pension that is suspended under subsection (1) is payable with effect from the date on which the service of the officer after his re-appointment or appointment ceases.
Power not to grant, or to cancel or reduce, pension
29. (1) After taking into consideration the advice of the Judicial Service Commission, and subject to section 32, a designated officer may-
(a) refuse to grant a pension to an officer if it is shown to the designated officer that the officer wilfully suppressed facts that are material to the grant of a pension; or
(b) cancel or reduce a pension granted to an officer if it is shown to the designated officer that the pension was obtained by the wilful suppression by the officer of facts, or that it was granted in ignorance of facts, which were such that had they been known before the retirement of the officer the pension would not have been granted in full or in part.
(2) After taking into consideration the advice of the Judicial Service Commission and subject to section 32, a designated officer may-
(a) refuse to grant a pension; or
(b) cancel or reduce a pension granted,
to an officer to whom section 7(1)(a), (b), (k) or (j) applies, if it is shown to the designated officer that—