COPY.
ENCLOSURE
A
Minute by the Colonial Treasurer.
1269
Red 19 JAN 13
490
Hon. Col. Secretary,
This application raises two important points:
first, whether a former contributor, who has been retired on pension and subsequently re-employed, may be reinstated in his former position; second, whether the applicant is, under the circumstances, compelled to contribute on being recalled to service.
As regards the first point, it is clear upon examination and it is admitted by the applicant, that Ordinance 30 of 1890 is silent upon it. Nevertheless, that Ordinance indicates how the applicant could have secured his former position in relation to the fund. The combined effect of sections 15 and 17 of the Ordinance is to give to a contributor, who retires unmarried on pension, an option whether, under S. 17, he will receive back one half of his contributions, or whether, under S. 15, he will continue his previous rate of contribution. The applicant exercised his option and chose to receive back one half of his contributions, well knowing at the time that his retirement was probably only temporary. But, he may say that it was no use continuing to contribute under S. 15 because by S.26 (2) (3) the widow and children