481
30
MEMORANDUM BY THE COMMITTEE OF THE CEYLON PUBLIC SERVICE ASSOCIATION.
THE Committee have considered the special regulations proposed to be framed under Clause (1), Article 88, of the Ceylon (State Council) Order in Council, 1931, regarding the grant of pensions and gratuities to public officers, and are of opinion that the proposed regulations Nos. 4 to 13 are generally acceptable.
The Committee regard as most unsatisfactory the proposals relating to com- pensatory pension set out in paragraph 3 of the draft regulations. Though these regulations are a slight improvement on the original proposals put up by the Colonial Treasurer the Committee consider they are unsuitable and quite inadequate to meet the claims of compensation of the officers of the 25 departments of the public service represented by the Ceylon Public Service Association.
As stated in our memorandum of 6th May, 1931, our Association would consider as acceptable the Secretary of State's scheme, which is based on 50ths with an addition of 50 per cent. for compensation subject to a maximum of 100/600ths. The adoption of 50ths instead of 60ths as a basis for calculation ensures that the tropical bonus is spread over the whole of an officer's service, and this is considered to be the best basis for providing an equitable computation of claims for compensation. It is, of course, understood that under this scheme no pension would exceed the maximum of 331/50ths (2/3rds), and that the number of 50ths added as compensation shall not in any case exceed that number which if added to the age of the officer would bring that age to 60.
We understand that the Civil Service Association are in agreement with our views.
It is respectfully requested that a copy of this memorandum may be forwarded to the Secretary of State as an annexure to our memorandum dated 6th May, 1931.
H. B. LEES, Chairman.
Colombo, 16th May, 1931.
G. H. PRITCHARD, Secretary. T. E. DUTTON, Member
31
(b) if his age at retirement is 43 years or over he may receive an addition of so many 720ths of his salary as there are complete periods of two months in the period by which his age at retirement falls short of 58;
(c) if his age at retirement is less than 40 years, he may receive an addition of so many 720ths of his salary as there are periods of two months in the period by which his age at retirement exceeds 25.
(ii) A public servant who at the date of his retirement has completed less than 120 months' gross service may receive a compensatory addition of so many 720ths of his salary as there are complete periods of 2 months in the period of his service counting for pension, provided that the number of 720ths of salary comprising the compensatory addition shall in no case exceed the number of months in the period by which his age at retirement falls short of 55.
(2) Any public servant, whatever his length of service, retiring under Section 2 of these regulations may elect to receive, in lieu of the total award which he might receive under Sub-section (1) of this Section, the pension or gratuity which he might have received under Section 7 of the Minutes on Pensions if at the date of his retire- ment he had been compelled to retire by reason of the abolition of his office.
4.-(1) An officer to whom a pension is granted under these regulations may, if he has exercised the option of partial commutation of pension allowed to him under Regulation 2 A of the Minutes on Pensions, be paid in lieu of the pension so granted a pension at the rate of three-fourths of such pension together with a gratuity equal
to the reduction so made multiplied by the number of years' purchase indicated in the following table :-
Age next birthday at
date of retirement.
Number of years'
Number of years'
Age nezt birthday at
purchase.
date of retirement.
purchase.
21
14.376
41
12.413
22
14.297
42
12.275
23
14.218
43
12.131
24
14.139
44
11.982
25
14.058
45
11.828
26
13.975
46
11.669
13.892
47
11.505
28
13.807
48
11.336
13.720
49
11.162
30
13.631
50
10.983
31
13.542
51
10.799
32
13.499
52
10.611
33
13.352
53
10.417
34
13.250
54
10.218
35
13.145
55
10.018
36
13.035
12.920
12.800
Age at date of
12.676
retirement.
40
12.547
55 or more
10
PUBLIC RECORD OFFICE
Reference :-
PELLIC.O.882/11
mailu
| PUBLIC RECORD OFFICE, LONDON |
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Annexure C.
SPECIAL REGULATIONS FRAMED UNDER CLAUSE (1) OF ARTICLE 88 OF THE CEYLON (STATE COUNCIL) Order in Council, 1931, regarding the Grant of Pensions AND GRATUITIES TO PUBLIC OFFICERS.
1.-(a) In these regulations, unless the context otherwise requires :-
"
"Public servant means any public servant, confirmed in a permanent office in the service of the Government of Ceylon, separately provided in the Estimates, which has been declared to be pensionable by a notification published in the Gazette, and belonging to one or other of the two classes of public officers described in Clause (1) of Article 88 of the Ceylon (State Council) Order in Council, 1931.
"Minutes on Pensions" means the Minutes on Pensions in force on the 15th April, 1931.
(b) Otherwise the terms used in these regulations shall bear the meaning which they bear in the Minutes on Pensions, unless that meaning is inconsistent with the
context.
2. Subject to the provisions of Clauses (2), (3), and (4) of Article 88 of the Ceylon (State Council) Order in Council, 1931, and to the conditions prescribed by these regulations, a public officer belonging to the first class mentioned in Clause (1) of Article 88 of the aforesaid Order in Council may elect to retire at any time after the fifteenth day of April, 1931, and a public servant belonging to the second class mentioned in Clause (1) of the same article may elect to retire at any time within five years after the fifteenth day of April, 1931.
3. (1) Subject to the exceptions and provisions contained in these regulations, every public servant, who shall retire under Section 2 of these regulations, may be granted the award which he might receive under the section (or sections) of the Minutes on Pensions which would be appropriate to his case if his retirement were necessitated by illness and, in addition thereto, a compensatory pension calculated in accordance with the following provisions
(i) A public servant who at the date of his retirement bas completed not less than 120 months' gross service may be granted a compensatory addition as under:-
(a) if his
age at retirement is less than 43 years and not less than 40 years, he may receive an addition of 90/720ths of his salary;
(2) An officer to whom a pension is granted under these regulations before the expiration of the period within which he might have exercised the option hereinbefore referred to, and before he has exercised it, may similarly, at his option exercisable by written notification delivered to the Financial Secretary in Ceylon or the Crown Agents for the Colonies within one month from the date of his retirement, be paid a reduced pension and gratuity calculated in the manner indicated in the preceding paragraph of this regulation.
(3) Where a person is granted under these regulations both a gratuity and pension, the amount of such pension shall be deemed, for the purpose of calculating any deduction from the pension which is required to bring it within the limit prescribed by Section 9 of these regulations, to be the amount of the unreduced pension which might -have been granted if the option of commutation had not been exercised.
(4) For the purposes of this section, the word " pension
"is to be interpreted as including a retiring allowance granted under Section 5 of these regulations.
5 If a public officer drawing a salary at a yearly or monthly rate whose service has been entirely in a non-pensionable office and who belongs to one or other of the two classes described in Clause (1) of Article 88 of the Ceylon (State Council) Order in Council, 1931, elects to retire under Section 2 of these regulations he may be granted such retiring allowances as he might have been granted under Section 27 of the Minutes on Pensions if at the time of his retirement he had been compelled to retire by reason of the abolition of his office.
6. For the purpose of computing the compensatory addition granted under these regulations, the service of a public servant transferred to the public service of the Government of Ceylon from other service under the Crown shall include such other service if it is continuous with his service under the Government of Ceylon.
7
Any period during which an officer absent on leave from the Colony has, with the consent of the Governor or the Secretary of State served with His Majesty's