Amendment
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(c) service which is pensionable-
(i) under the Oversca Superannuation Scheme;
(ii) under any Acts relating to the superannuation of teachers in the United Kingdom;
(ii) under a local authority in the United Kingdom; or
(iv) under the National Health Service of the United Kingdom:
(d) any other service that the Secretary of State, or the Governor after consultation with the Secretary of State, has determined to be public service for the purposes of this Ordinance; (e) except for the purposes of computation of a pension or gratuity and of section 9, service in respect of which a pension may be granted under the Governor's Pensions Act, 1957; and
(f) service as the holder of the office of President, Vice-President, Justice of Appeal, Registrar, officer or servant of the Court of Appeal for Eastern Africa established by the Eastern Africa Court of Appeal Order in Council, 1961;".
3.
Section 7 of the principal Ordinance is amended by the dele- of section 7. tion of the full stop at the end thereof and the substitution therefor of
a colon and by the addition thereafter of the following-
Amendment
"Provided that this section shall not apply to an officer whose services are terminated while be is still on probation.”.
4.
Section 9 of the principal Ordinance is amended by the dele- of section 2 tion in the proviso to subsection (2) of the words "four-thirds of its
actual amount.” and the substitution therefor of the following-
Repeal and
replacement
of section 16.
5.
(a) where the right to commute any part of a pension in return for payment of a gratuity has been exercised, the amount if that right had not been exercised; or
(b) in all other cases, four-thirds of its actual amount.".
Section 16 of the principal Ordinance is repealed and replaced by the following~~ "Gmшity
where officer dies in the service or after retire-
Ment
16. (1) Where an officer holding a pensionable office who is not on probation or agreement, or an officer holding a non-pensionable office to which he has been transferred from a pensionable office in which he has been confirmed, dies while serving under the Government, the Governor may grant to his legal personal representative, or in the case the gratuity does not exceed five thousand dollars, to such person as the Governor shall name as the recipient, a gratuity of an amount not exceeding his annual pensionable emoluments or his commuted pension gratuity, if any, whichever is the greater.
(Vol. IX.
p. 6).
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(2) Where an officer dies after retirement from service under the Government having been granted, or having become eligible for, a pension under this Ordinance and the sums paid or payable to him at the date of his death on account of such pension, including any sum awarded by way of gratuity under regulation 23 of the Pensions Regula- tions and any pension or gratuity paid or payable in respect of his service under any Scheduled Government (as defined in regulation 8 of the Pensions Regulations) but excluding any additional pension awarded in accordance with the provisions of paragraph (b) of regulation 22 or sub-para- graph (1) of paragraph (1) of regulation 31 of the Pensions Regulations, are less in total than the amount of his annual pensionable emoluments or his commuted pension gratuity. if any, whichever is the greater, the Governor may grant, to his legal personal representative or, where that gratuity does not exceed five thousand dollars, to such person as the Governor shall name as the recipient, a gratuity equal to the deficiency.
(3) A gratuity granted under subsection (1) or (2) to the legal personal representative shall form part of the estate of the officer for purposes of distribution but, never- theless, no estate duty shall be payable in respect thereof and its addition to the principal value of the estate shall not be taken into consideration for the purpose of increasing the rate of which estate duty on the remainder of the estate may be payable.
(4) The provisions of this section shall not apply in the case of the death of any officer where benefits corre- sponding to the benefits which may be granted under this section are payable under the Oversea Superannuation Scheme in respect of such death.
(5) In this section—
(4) "annual pensionable emoluments" means the annual pensionable emoluments enjoyed by the officer at the termination of his service with the Government:
(b) "commuted pension gratuity" means the maximum gratuity, if any, which might have been granted to the officer under regulation 23 of the Pensions Rgulations if his pensionable service had been wholly in this Colony and if, in the case of such officer as is described in subsection (1), on the date of his death he had retired in the circum- stances described in paragraph (e) of section 6 and
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Private notes are available after approval.