9. It will be competent to Her Majesty's Government, in cases of peculiar and extraordinary merit, to grant special and higher rates of pension than those laid down in this Minute, but not exceeding the full amount of the salary.
10. The above-mentioned rates are only to be granted in cases of decidedly faithful and meritorious service; but where the testimony as to fidelity, diligence and merit is in any respect defective, a deduction will be made from the apportioned rates. Where there has been obvious negligence, irregularity, or misconduct, the grant of allowance will be altogether withheld.
11. The claim of a public servant to pension will be considered to have commenced from the date of his first permanent appointment to the fixed establishment of this Colony; service on the temporary establishment of this Colony will, however, be allowed to count for pension when such service shall have been continuous, with a subsequent permanent appointment. In the case of public officers appointed from home, their services will be reckoned from the date of commencing to receive Colonial pay.
12. Cadets appointed in pursuance of the regulations published in the "Government Gazette" 12th October, 1861, will date the commencement of their claims to pension from the date of their respective appointments, provided that they pass satisfactorily the half-yearly examinations, as well as the final examination within three years from the date of arrival in the Colony.
13. The services in respect of which superannuation allowances are granted, ought in all cases to have been continuous; unless interrupted by reduction of office, or other temporary suspension of employment not arising from misconduct, or voluntary resignation of the party.
14. The pension shall be computed upon the salary of the permanent office held by a public servant at the time of his retirement, provided he shall have held the same office for at least three years, and that the salary of the same shall not have been revised during that time: otherwise the pension shall be calculated upon the average annual amount of salary received by such person for three years next preceding the commencement of such pension.
15. In case of reduction or abolition of office, temporary allowances may be assigned agreeably to the specified rates; on condition, however, that the parties receiving the same will be liable to be re-called into the service, and with the understanding that they are to be re-employed, as opportunity may occur, in preference to new applicants for office.
16. Absence on leave, inclusive hereafter of vacation leave taken at the same time, will, to the extent of one-sixth of an officer's resident service, be counted as full service for pension.
Absence on leave on half salary in excess of one-sixth of an officer's resident service will be counted as half service for pension.
Absence on leave without salary in excess of the period for which half salary may be allowed under the 132nd Colonial Regulation, will not count as service for pension.
17. If any person receiving a pension under this Minute should be appointed to fill any office in any public department, such pension shall cease to be paid for any period subsequent to such appointment, if the annual amount of the profits of the office to which he shall be appointed shall be equal to those of the office formerly held by him, and in case it shall not be equal to those of his former office, then no more of such pension shall be paid to him than what, with the salary of his new appointment, shall be equal to the profits of his former office.
18. Should the time of service not warrant the assignment of an annual allowance, a gratuity may be granted after the rate of one month's salary for each year of service.
19. An officer proceeding on leave with a view to retirement at the expiration thereof, will not be entitled to count such leave as service.
20. The pension of every public officer, on his ultimate retirement from the service of any Colony shall be calculated (if payable at all) upon the whole period of his continuous service in any civil employments under the Imperial, or under any other Colonial Government.
21. The Government from whose service he retires, will pay him the rate of pension due to this period of service by the law or practice of the Colony, subject to a deduction equal to the retiring pension, which, on the principle of the Imperial Superannuation Act, (qualified by section 25) would be due to him from the Government by which he was last previously employed, if he had retired from ill-health at the period of his promotion.
22. In the case of several promotions, the same principle will be applied as between any two successive employers, the second of these employers paying the officer a pension calculated on the whole period of his continuous public service up to the date of his second transfer, but subject to a deduction equal to a pension calculated on service previous to his first transfer.
Page 201
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Cl. 21. line 3.
"section 6" read "section 25"