104
How salary to be computed for pension purposes.
Abolition of office.
2. No service other than service on the Fixed Establishment on full or half pay will be taken into account in computing pensions or retiring allowances, except that, where the service on the Fixed Establishment has been immediately preceded by an unbroken period of service on the temporary establishment, or of service paid for out of an open vote or of both such services, such period will be taken into account.
Provided always that of the period of service paid for out of an open vote not more than two-thirds shall be counted for the purpose of this clause. Leave of absence on half salary will only be counted at the rate of one month for every two months of such leave, provided that vacation leave, in cases where full salary is not available, shall be counted as though it were leave with full salary. But leave taken before the end of 1886, inclusive of vacation leave taken (after June, 1876,) in conjunction with half pay leave will, to the extent of one-sixth of an officer's resident service, be counted as full service for pension.
3. Service will be deemed to commence for pension purposes, in the case of Cadets as well as of other officers, at the date on which they commence to draw salary, provided that if a Cadet fails to pass the final examination in the native language within the prescribed period, the period by which the date of his passing his final examination is overdue will be deducted from his term of service when his claims to pension are considered.
4. Notwithstanding anything herein before contained a period not exceeding one year during which an officer is absent on leave without salary such leave being granted on grounds of public policy may be counted for the purpose of this clause as service on full pay.
No. 13.
1. For the purpose of computing retiring allowances, the salary of the permanent appointment held by the officer at the date of retirement will be taken if he has held such office or an office with the same salary for a period of three years immediately preceding such date; otherwise the average amount of the salary of the permanent appointments held by the officer during the three years immediately preceding his retirement will be taken.
2. For the purpose of this clause Salary includes personal allowance, allowance for house rent, estimated value of free quarters, rations, and any other unquestionable remuneration for personal service and any fees paid out of the Treasury by way of salary, but so that the amount to be allowed for house rent or for estimated value of free quarters shall not exceed one-sixth, nor the amount to be allowed for fees one-fourth of the whole of the other emoluments of the office.
No. 14.
1. In case of the abolition of the office of an officer who is borne on the Fixed Establishment of the Colony, a temporary pension may be granted to the officer whose office is abolished, on the condition that he shall hold himself ready to be recalled to service, and with the understanding that he will be re-employed as opportunity offers in preference to new applicants for office.
2. If the officer whose office is abolished is not qualified for other employment, or if there is no reason in the opinion of the Governor to expect that he can be shortly re-employed, a pension may be granted to him free from the conditions as to re-employment mentioned in this clause.
3. In the case of an officer whose office is abolished his pension shall be at the rate of the number of sixtieths of his salary exceeding the number of the completed years of his service by the numbers following (that is to say) :
No. 15.
1. Where a public officer has been permanently injured—
(a) in the actual discharge of his duty, and
(b) without his own default, and
(c) by some injury specifically attributable to the nature of his duty,
and his retirement is thereby necessitated or materially accelerated, an annual allowance may be granted to him in addition to any pension which he may be awarded not exceeding the undermentioned portion of his salary and emoluments at the date of the injury, viz. :-
When his capacity to contribute to his support is—
Slightly impaired, .Five-sixtieths.
Impaired, .Ten-sixtieths.
Materially impaired, .Fifteen-sixtieths.
Totally destroyed, ..Twenty-sixtieths.
Provided that no such allowance shall together with the pension exceed fifty-sixtieths of his salary and emoluments at the date of the injury.
2. Such allowance shall be less than the above-mentioned maximum by such amount as the Governor in Council may think reasonable in the following cases :--
(a) Where the injured man has continued to serve for not less than one year after the injury in respect of which he retires;
(b) Where the injured man is fifty (50) years of age or upwards at the date of the injury; or
(c) Where the injury is not the sole cause of retirement, i.e., the retirement is caused partly by age or infirmity.
3. When the public officer so injured has less than ten years' service and he is not entitled to an ordinary pension he may receive in lieu of a gratuity an annual allowance of so many sixtieths as the years he has actually served in addition to the number of sixtieths that may be awarded to him under paragraphs (1) and (2) of this clause.
No. 16.
Additional allowance grantable in cases of retirement in consequence of injuries received.
If any pensioner under this Minute is appointed to an office under the Crown, then, during his tenure of such office, so much only of his pension or compensation allowance shall be paid to him as with the emoluments of such office makes up an amount equal to the emoluments of the office which he held at the date of the grant of his pension or compensation allowance.
In calculating such amount in connection with Colonies having a different currency the standard dollar of this Colony shall be taken as equivalent to three shillings sterling.
No. 17.
1. Subject to the provisions of this Minute, every public officer (other than a Judge of the Supreme Court) who, having been borne on the Fixed Establishment of the Colony for a period of at least twelve calendar months, leaves the service of the Colony for other service under the Crown and who in respect of his aggregate service in the Colony and elsewhere might have been awarded, had it been wholly in the Colony, a pension or retiring allowance under this Minute, may, on his ultimate retirement from the service of the Crown, be awarded a pension at the rate of one seven-hundred-and-twentieth of the amount of his annual salary at the date of his so leaving the service of the Colony as aforesaid for each calendar month of his service in the Colony, and in calculating such service in the Colony an addition may be made thereto which shall bear the same proportion to five years as his service in the Colony bears to the whole period of his employment in tropical climates; provided that no such addition shall be made unless such officer has been employed for ten years in all in tropical climates; and a further addition proportionate to his total public service may be made in respect of the grant, allowable under clause 3, paragraph 2; provided also that such additions shall in no case be greater than would make his total service under the Crown forty years.
(a) In the case of an officer who has served twenty years, .........10
(b) In the case of an officer who has served less than twenty years but not less than fifteen years, 7
(c) In the case of an officer who has served less than fifteen years but not less than ten years, 5
(d) In the case of an officer who has served less than ten years but not less than five years, 3
(e) In the case of an officer who has served less than five years, 1
4. No addition shall be made under this clause to an officer's period of service so as to entitle him to a higher pension than he would have been entitled to had he been retained in the service until he attained the age of sixty years.
2. Subject as aforesaid, every public officer (other than a Judge of the Supreme Court) who, having been in the service of the Crown elsewhere than in the Colony, is transferred from such service to the Fixed Establishment of the Colony, and who in respect of his aggregate service in the Colony and elsewhere might have been awarded, had it been wholly in the Colony, a pension or retiring allowance under this Minute,