Certificates required as to conduct, &c.
"
and that such informity is likely to be permanent
Kutinadiarz.
Secretary of
5. No pension shall be granted to any public officer who has not attained the age of fifty-five years (other than a Governor or a Judge of the Supreme Court) without a certificate from the Head of his Department and from two qualified medical practitioners that he is incapable by reason of some infirmity of mind or body of discharging the duties of his office nor in any case without a certificate from the Head of his Department that he has discharged the duties of his office with such diligence and fidelity as to justify the grant to him of a pension. When the officer applying for a pension is himself the Head of a De- partment or is a Judge the certificates required by this section from the Head of a Department must be given by the Governor.
6. No pension shall be granted without the previous sanc- State's sanc- tion of the Secretary of State for the Colonies. tion required.
Cases of
merit.
7. It shall be lawful for the Secretary of State for the extraordinary Colonies in cases of peculiar and extraordinary merit to sanction the grant by the Governor in Council of pensions at higher rates and on more favourable conditions than those which may for the time being be authorised by any Regulations made under
cases the Maximum plusion grantable this Ordinance to an Officer under Himisory
Adnance & wan livement through the Secretary of State for the Colonies to the approval
8. It shall be lawful for the Governor in Council (subject as at regards officers appointed under instructions received from or
Entitled also to pensions of such Secretary of State) to require any Judge or other l'ublic Officer to retire from the Public Service of the Colony at any time after he attains the age of sixty years. peel & scurce not under this
continer fw. franall sources
Pensions not 9. No Judge or other Officer shall have an absolute right to phate not exceed two of their compensation for past services or to any pension under this Ordi- Mais valarz
Police not entitled to
pensions
under this Ordinance.
Pension not
nance or under any Regulations made hereunder nor shall any- thing hereinor in such Regulations contained limit the right of the Crown to dismiss any Judge or other Officer without com- pensation.
10. No member of the Police Force of the Colony of rank under that of Superintendent or Assistant Superintendent shall be entitled to any pension gratuity or other allowance under this Ordinance or under any Regulations made hereunder.
11. No pension granted under this Ordinance or under to be assign- any Regulations made hereunder shall be assignable or trans- ferable or liable to be attached sequestered or levied upon for or in respect of any debt or claim whatsoever.
able.
Pension to
ruptey or
conviction.
12. If any person to whom a pension has been granted cease on bank- under this Ordinance or under any Regulations made hereunder is convicted before any Court in Her Majesty's dominious of any crime or offence for which he is sentenced to death or penal servitude or transportation or any term of imprisonment with hard labour or exceeding twelve months and does not within two months after such conviction receive Her Majesty's free pardon or if any such person becomes a bankrupt then in every such case such pensiou shall forthwith cease provided always that in any case where a pension ceases by reason of the bank- ruptcy of the pensioner it shall be lawful for the Secretary of State for the Colonies or if such pensioner is resident in the Colony then for the Governor in Council from time to time during the remainder of such pensioner's life or during such shorter period or periods either continuous or discontinuous as such Secretary of State or Governor in Council shall think fit to pay all or any part of the moneys to which such pensioner would have been entitled by way of pension had he not become a bankrupt to or apply the same for the maintenance and per- sonal support or benefit of all or any exclusive of the other or others of the following persons namely such pensioner and any wife child or children of his in such proportions and manner as such Secretary of State or Governor in Council from time to time thinks proper.
DRAFT PENSION REGULATIONS
MADE BY
THE GOVERNOR IN COUNCIL UNDER THE PROVISIONS OF
"THE PENSIONS ORDINANCE, 1886.”
1. (1) Subject to the provisions of "The Pensions Ordinance 1886" and of this Minute every public officer borne on the Fixed Pensions to Establishment of the Colony (other than a Judge of the Supreme whom and at Court) who has served ten years or upwards and whose annual what rates to salary exceeds $1,800 shall be entitled on his retirement to a be granted. pension at the rate of fifteen-sixtioths of such salary with an addition of one-sixtieth in respect of each complete year of such service in excess of ten until the maximum of forty-sixtieths is reached.
(2) Subject as aforesaid every such officer who has served ten years or upwards and whose aunnal salary exceeds $240 but does not exceed $1,800 shall be entitled bu his retirement to a pen- sion at the rate of one-sixtieth of such salary for each complete your of service until the maximum of forty-sixtietha is reached.
(3)-No officer whose annual salary does not exceed $240 shall be entitled to a pension but a gratuity or compassionate allowance may be granted in special cases of long and faithful
service.
(4)-No officer shall be entitled to a pension in respect of any service under the age of sixteen years nor in respect of his service in any of the following capacities viz. Private Secretary or Aide-de-Camp to the Governor Clerk to a Judge of the Supreme Court Apprentice in a public department normal student or pupil teacher, nor (unless by the express direction of the Secrc- tary of State for the Colonies) in respect of any period during which the whole of his time has not been given to the Public Service. (5)-Every officer otherwise qualified for a pension who has not completed ten years' service shall be entitled to a gratuity at the rate of half a mouth's salary for each complete six months of service.
(6)-An officer who has been transferred to or from the service of the Crown in the Colony from or to the service of the Crown elsewhere will not be entitled to a pension under this clause but his case will be dealt with under clause nine of this Minute, pro- vided always that the case of any such officer who having been so transferred to the service of the Colony has served in the Colony for a period of ten years and upwards immediately prior to his ultimate retirement from the service of the Crown may be dealt with under this clause instead of under clause nine.
2. (1)-Subject as aforesaid every Judge of the Supreme Pensions of Court who has served as such Judge for seven years or upwards Judges. shall be entitled on his retirement to a pension at the rate of fifteen-sixtieths of his salary with an addition of two-sixtieths in respect of each year of such service in excess of seven until twenty-nine-sixtieths is reached and with the further addition of onc-sixtieth in respect of each year of such service in excess of fourteen until the maximum of forty-sixtieths is reached.
(2) In computing the pension of a Judge who was at the date of his appointment to the Bench borne on the Fixed Esta- blishment of the Colony one half of his period of service prior to such appointment may be added to his period of service as a Judge.
(3) In the event of a Judge who was at the date of his appointment as a Judge borne on the Fixed Establishment of the Colony retiring before he has completed seven years service as a Judge his case will be dealt with under clause eight of this Minute.
$240/
d/-
ses pav. 5 of despite
3. (1)In the case of the abolition of the office of an Officer Abolition of who is horne on the Fixed Establishment of the Colony a tem- office. porary pension may be granted to the Officer whose office is abolished on the condition that he shall hold himself ready
316