1988 Ed.]
Pension Benefits (Judicial Officers)
[CAP. 401
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(i) the officer retired during any disciplinary proceedings brought against him, or resigned from the service to avoid disciplinary proceedings; and
(ii) had the proceedings been completed or taken place they would in the opinion of the Judicial Service Commission have led to the dismissal of the officer from the service or compulsory retirement in the exercise of disciplinary powers of punishment with a reduction of the pension benefits granted to him.
(3) A cancellation or reduction of pension under subsection (1)(b) or (2)(b) shall be effective as from a date the designated officer shall determine, and in the case of a reduction of pension the reduction shall be by an amount, not exceeding 25% of the pension, as the designated officer shall determine.
(4) Where a designated officer refuses to grant a pension to a person or officer, a pension shall not be granted to the person or officer.
Pension to cease on bankruptcy
30. (1) If a person to whom a pension has been granted is adjudicated bankrupt or is declared insolvent by judgment of a court, subject to subsection (5), payment of the pension shall cease as from the date on which he is so adjudicated.
(2) If a person is adjudicated bankrupt or declared insolvent-
(a) after retirement in circumstances in which he is eligible for pension but before the pension is granted, any pension eventually granted to him shall cease as from the date of adjudication or declaration, as the case may be; or
(b) before his retirement, and he has not obtained his discharge from bankruptcy or insolvency at the date of his retirement, a pension may be granted to him, but, subject to subsection (5), payment of the pension shall forthwith cease.
(3) Where a pension ceases under subsection (1) or (2), the Governor may, from time to time during the remainder of the person's life, or during such shorter period or periods, either continuous or discontinuous, as the Governor thinks fit, direct that ex gratia payment of all or any part of the money to which the person would have been entitled by way of pension had he not been adjudicated bankrupt or declared insolvent be paid to, or applied for the maintenance or benefit of all or any, to the exclusion of the other or others, of the following, that is to say, the person and any spouse, child or children of the person, or other of his dependants that the Governor may determine, in proportions and manner that the Governor thinks fit, and the money shall be paid or applied accordingly.
(4) Money applied for the discharge of the debts of the person whose pension has ceased under subsection (1) or (2) shall, for the purposes of this section, be regarded as applied for his benefit.
(5) Where, by virtue of subsection (1) or (2), payment to a person of a pension granted to him is not being made and the person obtains his discharge from bankruptcy or insolvency, as the case may be, payment of the pension shall be restored to him as from the date on which he is so discharged.