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9. It will be competent to Her Majesty's Government, in cases of peculiar and extraordinary merit, to grant special and higher rates of pension than those laid down in this Minute, but not exceeding the full amount of the salary.
10. The above-mentioned rates are only to be granted in cases of decidedly faithful and meritorious service; but where the testimony as to fidelity, diligence and merit is in any respect defective, a deduction will be made from the apportioned rates. Where there has been obvious negligence, irregularity, or misconduct, the grant of allowance will be altogether withheld.
11. The claim of a public servant to pension will be considered to have commenced from the date of his first permanent appointment to the fixed establishment of this Colony; service on the temporary establishment of this Colony will, however, be allowed to count for pension when such service shall have been continuous, with a subsequent permanent appointment. In the case of public officers appointed from home, their services will be reckoned from the date of commencing to receive Colonial pay.
12. Cadets appointed in pursuance of the regulations published in the "Government Gazette" of 12th October, 1861, will date the commencement of their claims to pension from the date of their respective appointments, provided that they pass satisfactorily the half-yearly examinations, as well as the final examination within three years from the date of arrival in the Colony.
13. The services in respect of which superannuation allowances are granted, ought in all cases to have been continuous; unless interrupted by reduction of office, or other temporary suspension of employment not arising from misconduct, or voluntary resignation of the party.
14. The pension shall be computed upon the salary of the permanent office held by a public servant at the time of his retirement, provided he shall have held the same office for at least three years, and that the salary of the same shall not have been revised during that time: otherwise the pension shall be calculated upon the average annual amount of salary received by such person for three years next preceding the commencement of such pension.
15. In case of reduction or abolition of office, temporary allowances may be assigned agreeably to the specified rates; on condition, however, that the parties receiving the same will be liable to be re-called into the service, and with the understanding that they are to be re-employed, as opportunity may occur, in preference to new applicants for office.
16. Absence on leave, inclusive hereafter of vacation leave taken at the same time, will, to the extent of one-sixth of an officer's resident service, be counted as full service for pension.
Absence on leave on half salary in excess of one-sixth of an officer's resident service will be counted as half service for pension.
Absence on leave without salary in excess of the period for which half salary may be allowed under the 132nd Colonial Regulation, will not count as service for pension.
17. If any person receiving a pension under this Minute should be appointed to fill any office in any public department, such pension shall cease to be paid for any period subsequent to such appointment, if the annual amount of the profits of the office to which he shall be appointed shall be equal to those of the office formerly held by him, and in case it shall not be equal to those of his former office, then no more of such pension shall be paid to him than what, with the salary of his new appointment, shall be equal to the profits of his former office.
18. Should the time of service not warrant the assignment of an annual allowance, a gratuity may be granted after the rate of one month's salary for each year of service.
19. An officer proceeding on leave with a view to retirement at the expiration thereof, will not be entitled to count such leave as service.
20. The pension of every public officer, on his ultimate retirement from the service of any Colony, shall be calculated (if payable at all) upon the whole period of his continuous service in any civil employments under the Imperial, or under any other Colonial Government.
21. The Government from whose service he retires, will pay him the rate of pension due to this period of service by the law or practice of the Colony, subject to a deduction equal to the retiring pension, which, on the principle of the Imperial Superannuation Act, (qualified by section 6), would be due to him from the Government by which he was last previously employed, if he had retired from ill-health at the period of his promotion.
22. In the case of several promotions, the same principle will be applied as between any two successive employers, the second of these employers paying the officer a pension calculated on the whole period of his continuous public service up to the date of his second transfer, but subject to a deduction equal to a pension calculated on service previous to his first transfer.
23. If in any of the employing Colonies, no retiring pension is payable, or a rate of pension less than the Imperial rate, the officer must be a loser to that extent. Nor must he claim from any Colony, from whose service he has been promoted, a rate higher than that authorised by the Imperial Superannuation Act.
24. In some Colonies, a certain number of years are added to an officer's service, by way of bonus, in calculating his retiring pension. An officer promoted from such a Colony shall lose that bonus. An officer retiring from the service of such a Colony shall only be allowed it in case he shall have remained in that service for the time necessary to qualify him for receiving it.
25. If an officer does not remain ten years in the colonial service from which he retires, his salary shall, for the purpose of calculating his retiring pension, be taken on the average of the last ten years.
The same rule will be applied in calculating the payment to be made to him in respect of intermediate employment.
26. It may happen that an officer receiving a higher salary, without a right to pension, may be transferred to a Colony in which he will receive a lower salary with a right to pension. In this case the first salary shall be taken not only for the purpose of calculating the pension, but also for the purpose of calculating the deduction, as being of the same amount as the second.
A memorandum containing some supposed cases in illustration of Rules 20 to 26 is annexed, as also a table showing the rates of pension payable to the public officers of the Colony.
SUPPOSED CASES IN ILLUSTRATION OF THE FOREGOING RULES.
Case of A. B.
Case of C. D.
Number of Years' Service, Salary on Retirement Retiring Pension prior to Deduction. Amount of Deduction. Promotion. Retiring Pension from each Colony after Deduction. Total Retiring Pension. £ £ £ £ £ First employment 10 200 10 x 200 = 83 6 8 Nil. 33 6 8 Second employment 20 1,000 #8x1,000=500 0 0 33 6 8 466 13 4 Total Service... 30 500 0 0 First employment 26 800 Nil. Second employment 4 1,000 x 880=440 0 0 340 13 4 846 13 4 98 6 8 Total Service... 30 140 0 0 Case of E, F, First employment 30 200 10 x 200 = 33 6 8 Nil. 33 6 8 Second employment 10 400 20 x 400=133 6 8 33 6 8 100 0 0 Third employment 10 800 #8 x 800=400 0 0 133 6 8 266 13 4 Total Service... 30 400 0 0 Case of G. H. First employment 10 200 Second employment, without Retiring Allowance 10 1,000 Third employment 10 800 48 x 200= 33 6 8 Nil. 38 6 8 28 x 800=266 13 4 206 13 4 1x 800=400 0 0 183 0 8 Total Service... 30 166 13 4The case of A. B. shews the simple application of the 20th and 21st Rules, in Colonies which simply follow the Imperial Rules.
That of C. D. shews the application of Rule 25 in reducing the rate of salary to the average of 10 years (here to £880.) If in these two cases the first employing Colony does not grant any retiring pension, then, under the 23rd Rule, the pension of A. B. (for twenty years' service) will be reduced to £466 13s. 4d., and that of C. D., (for four years' service) to £90 6s. 8d.
Again, if in these cases the last employing Colony be Ceylon or Hongkong, in which officers of ten years' standing are allowed an addition of 5 years to their actual service in calculating their pensions, then, under the 24th Rule, A. B. (having served more than ten years) would receive an addition to his pension of ( & × £1,000–) £83 6s. 8d.; but C. D., having served only 4 years, would receive no such bonus.
The case of E. F. illustrates the 22nd Rule.
The case of G. H. shews the effect of the 23rd and 26th Rules on an officer who has served in a Colony where no retiring pension is allowed.
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9. It will be competent to Her Majesty's Government, in cases of peculiar and extraordinary inerit, to grant special and higher rates of pension than those laid down in this Minute, Lyt not exceeding the full amount of the salary.
10. The above-mentioned rates are only to be granted in cases of decidedly faithful and meritorious service; but where the testimony as to fidelity, diligence and merit is in any respect defective, a deduction will be made from the apportioned rates. Where there has been obvious negligence, irregu larity, or misconduct, the grant of allowance will be altogether withheld.
11. The claim of a public servant to pension will be considered to have commenced from the date of his first permanent appointment to the fixed establishment of this Colony; service on the tempo- rary establishment of this Colony will, however, be allowed to count for pension when such service shall have been continuous, with a subsequent permanent appointment. In the case of public officers appointed from home, their services will be reckoned from the date of commencing to receive Colonial pay.
12. Cadets appointed in pursuance of the regulations published in the "Government Gazette" of 12th October, 1861, will date the commencement of their claims to pension from the date of their res pective appointments, provided that they pass satisfactorily the half-yearly examinations, as well as the final examination within three years from the date of arrival in the Colony.
13. The services in respect of which superannuation allowances are granted, ought in all cases to have been continuous; unless interrupted by reduction of office, or other temporary suspension of employment not arising from misconduct, or voluntary resignation of the party.
14. The pension shall be computed upon the salary of the permanent office held by a public servant at the time of his retirement, provided he shall have held the same office for at least three years, and that the salary of the same shall not have been revised during that time: otherwise the pension shall be calculated upon the average annual amount of salary received by such person for three years next preceding the commencement of such pension.
15. In case of reduction or abolition of office, temporary allowances may be assigned agreeably to the specified rates; on condition, however, that the parties receiving the same will be liable to be re-called into the service, and with the understanding that they are to be re-employed, as opportunity may occur, in preference to new applicants for office.
16. Absence on leave, inclusive hereafter of vacation leave taken at the same time, will, to the extent of one-sixth of an officer's resident service, be counted as full service for pension.
Absence on leave on half salary in excess of one-sixth of an officer's resident service will be counted as half service for pension.
Absence on leave without salary in excess of the period for which half salary may be allowed under the 132nd Colonial Regulation, will not count as service for pension.
17. If any person receiving a pension under this Minute should be appointed to fill any office in any public department, such pension shall cease to be paid for any period subsequent to such ap pointment, if the annual amount of the profits of the office to which he shall be appointed shall be equal to those of the office formerly held by him, and in case it shall not be equal to those of his former office, then no more of such pension shall be paid to him than what, with the salary of his new appointment, shall be equal to the profits of his former office.
18. Should the time of service not warrant the assignment of an annual allowance, a gratuity may be granted after the rate of one month's salary for each year of service.
19. An officer proceeding on leave with a view to retirement at the expiration thereof, will not be entitled to count such leave as service.
20. The pension of every public officer, on his ultimate retirement from the service of any Colony, shall be calculated (if payable at all) upon the whole period of his continuous service in any civil employments under the Imperial, or under any other Colonial Government.
21. The Government from whose service he retires, will pay him the rate of pension due to this period of service by the law or practice of the Colony, subject to a deduction equal to the retiring pension, which, on the principle of the Imperial Superannuation Act, (qualified by section 6), would be due to him from the Government by which he was last previously employed, if he had retired from ill-health at the period of his promotion.
22. In the case of several promotions, the same principle will be applied as between any two successive employers, the second of these employers paying the officer a pension calculated on the whole period of his continuous public service up to the date of his second transfer, but subject to a deduction equal to a pension calculated on service previous to his first transfer.
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23. If in any of the employing Colouies, no retiring pension is payable, or a rate of pension less Nor must he claim from any thane Imperial rate, the officer must be a loser to that extent. Colony, from whose service he has been promoted, a rate higher than that authorised by the Imperial -Superannuation Act.
24. In some Colonies, a certain number of years are added to an officer's service, by way of bonus, in calculating his retiring pension. An officer promoted from such a Colony shall lose that bonus. An officer retiring from the service of such a Colony shall only be allowed it in case he shall have remained in that service for the time necessary to qualify him for receiving it.
25. If an officer does not remain ten years in the colonial service from which he retires, his salary shall, for the purpose of calculating his retiring pension, be taken on the average of the last ten years.
The same rule will be applied in calculating the payment to be made to him in respect of intermediate employment.
any
26. It may happen that an officer receiving a higher salary, without a right to pension, may be In this case transferred to a Colony in which he will receive a lower salary with a right to pension. the first salary shall be taken not only for the purpose of calculating the pension, but also for the purpose of calculating the deduction, as being of the same amount as the second.
A memorandum containing some supposed cases in illustration of Rules 20 to 26 is annexed, as also a table showing the rates of pension payable to the public officers of the Colony.
SUPPOSED CASES IN ILLUSTRATION OF THE FOREGOING RULES.
Case of A. B.
Case of C. D.
35 x 800-346 13 4
£
Number of Salary on
Retirement
Yeurs' Service,
Retiring Pension prior
or
to Deduction.
Amount of Deduction.
Promotion.
Retiring Pension from each Colony after Deduction.
Total Retiring Pension.
#
£
£
d.
First employment
10
200
10 x 200 83 6 8
£ * d.
Nil.
2. d.
£ 3. d.
33
6 8
Second employment
20
1,000
#8x1,000=500 0 0
33 6 8
468 18
$
Total Service...]
500 0 0
30
First employment Second employment
26
4
800 1,000
Nil.
x 880=440 0 0
340 13 4
846 13 4 98 6 8
Total Service...
30
140
0 0
Case of E, F,
First employment
30
200
10 x 200 33
6
8
Nil.
33
6 8
Second employment
10
400
20 x 400-133
6
8
33 6 8
100 0 0
Third employment
10
&te
#8 x 800-400
0 0
133 6 8
266 13 4
Total Service...
30
400 0 0
Case of G. H.
First employment
10
200
Second employment,
without Retiring Allowance
10
1,000
Third employment
10
800
48 x 200- 33 6 8
28 x 800-266 13 4
1x 800-400 0 0
Nil.
38
6 8
206 13 4
183
0 8
Total Service...!
30
166 13 4
The case of A. B. shews the simple application of the 20th and 21st Rules, in Colonies which simply follow the Imperial Rules.
That of C. D. shews the application of Rule 25 in reducing the rate of salary to the average of 10 years (here to £880.) If in these two cases the first employing Colony does not grant any retiring pension, then, under the 23rd Rule, the pension of A. B. (for twenty years' service) will be reduced to £466 13s. 4d., and that of C. D., (for four years' service) to L90 6s. 8d.
Again, if in these cases the last employing Colony be Ceylon or Hongkong, in which officers of ten years' standing are allowed an addition of 5 years to their actual service in calculating their pensions, then, under the 24th Rule, A. B. (having served more than ten years) would receive an addition to his pension of ( & × £1,000–) £83 6s. 8d.; but C. D., having served only 4 years, would receive no such bonus.
The case of E. F. illustrates the 22nd Rule.
The case of G. H. shews the effect of the 23rd and 26th Rules on an officer who has served in a Colony where no retiring pension is allowed.
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