specified in paragraph 2 of this
il
312
tions. If a pension is granted in any such case the addition for professional or peculiar Gov. despatch
qualifications in the next following clause referred to shall not as a general rule be N 181 1692. made, nor as a general rule shall any fees paid out of the Treasury be included in his
salary in computing his pension.
Professional qualifications.
(b.) Save as in this clause excepted, such Officers as in this clause are referred to may not in the case of abolition of office be awarded the pension provided for the case of abolition of office, but every such Officer may receive a pension at such reduced rate as the Secretary of State may see fit in each case to prescribe.
2. In computing the pension of an Officer who on first entering the service was appointed to an office mentioned in the Schedule hereto and retires therefrom or from some other office requiring like qualifications, the additions in the said Schedule mentioned may be made to his period of service: Provided that no such addition shall be made in the case of any Officer who has been transferred to the service of the Colony from Her Majesty's Naval or Military service, and that no addition shall be made which together with the number of years of actual service shall amount to more than thirty-five years.
rith directly or after what
Public Officer appointed to be
E
the other the service No. 4.
1. Every public Officer borne on the Fixed Establishment of the Colony who is Governor edge, appointed to be Governor of the Colony or to be a Judge of the Supreme Court, and der clause of this Minute, may, who, being a Judge, may not be awarded a Pension on his retirement, be awarded the same pension as if he had continued to hold the office which he vacated on such appointment, and as if his retirement were occasioned by
bois previous ill-health.
2. If there is offered to any such ex-Governor, being under the age of fifty-five years, or to any ex-Judge, being under the age of fifty-five years and not having completed seven years' service as a Judge, any office under the Crown either in the Colony or elsewhere which, regard being had as well to the state of his health as to his previous services, such ex-Governor or Judge may be properly called upon to accept, the Secretary of State for the Colonies may suspend either wholly or in part, as he in his absolute discretion may think fit, the pension of such ex-Governor or ex-Judge during his tenure of such office in case of acceptance, or in case of non-acceptance until he attains the age of fifty-five years.
Pensions not of right,
Secretary or State's
No. 5.
No Judge or other Officer shall have an absolute right to compensation for past services, or to any pension or other allowance under this Minute, nor shall anything herein contained limit the right of the Crown to dismiss any Judge or other Officer without compensation.
No. 6.
No pension, compensation, or other retiring allowance shall be granted without the sanction required previous sanction of the Secretary of State for the Colonies.
No. 7.
Certificates required as to conduct, &c.
COD. 7493 par. 2.
Cases of extraordinary merit.
the
age
No pension or allowance shall be granted to any public Officer who has not attained the age of fifty-five years (other than a Governor or Judge of the Supreme Court) without a certificate from the head of his Department and from two qualified medical practitioners that he is incapable by reason of some infirmity of mind or body of discharging the duties of his office, and that such infirmity is likely to be permanent, nor in any case without a certificate from the Head of his Department that he has discharged the duties of his office with such diligence and fidelity as to justify the grant to him of a pension or allowance. When the Officer applying for a pension or allowance is himself the Head of a Department, or is a Judge, the certificates required by this section from the Head of a Department must be given by the Governor.
No. 8.
It shall be lawful for the Secretary of State for the Colonies, in cases of peculiar or extraordinary merit, in which special services have been rendered altogether in excess and beyond the usual scope of those which the Officer is paid to perform, to sanction the grant by the Governor in Council of pensions or retiring allowances at higher rates and on more favourable conditions than those which may for the time being be authorised by this Minute; but, in ordinary cases, the maximum pension or retiring allowance grantable to an Officer under this Minute, or to an Officer entitled to pension or retiring allowance also in respect of service not under this Government from all sources combined shall not exceed two-thirds of the highest salary drawn by such Officer at any time in the course of his service.
No. 9.
1. Pensions, gratuities, and allowances computed at the rates before-mentioned Good conduct
will only be granted in cases of decidedly faithful and meritorious service.
required.
2. Where the fidelity and diligence of the Officer fall short of the first degree of merit, the computation may be made at lower rates.
3. Where the Officer has been guilty of gross negligence, irregularity, or misconduct, no grant will be made.
No. 10.
1. The service in respect of which pensions, retiring allowances or gratuities will What service
entitles for pensions.
be granted must be unbroken, except in cases where the service has been interrupted by abolition of office, or other temporary suspension of employment not arising from misconduct or voluntary resignation, so
Le
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.
14
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 has 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.
att
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 hereinbefore 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 these Regulations as service on full pay.
No. 11.
1. For the purpose of computing retiring allowances, the salary of the permanent How salary to be pension purposes.
appointment held by the Officer at the date of retirement will be taken if he has held computed for 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. 12.
1. In case of the abolition of the office of an Officer who is borne on the Fixed Abolition of Office.
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 condition as to re-employment mentioned in this clause.
specified in paragraph 2 of this
il
312
tions. If a pension is granted in any such case the addition for professional or peculiar Gov. despatch
qualifications in-the next following clause referred te shall not as a general rule be N 181 1692. made, nor as a general rule shall any fees paid out of the Treasury be included in his
salary in computing his pension.
Professional qualifications.
(b.) Save as in this clause excepted, such Officers as in this clause are refered to may not in the case of abolition of office be awarded the pension provided for e case of abolition of office, but every such Officer may receive à pension at such reduced rate as the Secretary of State may see fit in each case to prescribe.
2. In computing the pension of an Officer who on first entering the service was appointed to an office mentioned in the Schedule hereto and retires therefrom or from some other office requiring like qualifications, the additions in the said Schedule men- tioned may be made to his period of service: Provided that no such addition shall be made in the case of any Officer who has been transferred to the service of the Colony from Her Majesty's Naval or Military service, and that no addition shall be made which together with the number of years of actual service shall amount to more than thirty- five years.
rith directly or atter wh
Public Oncer appointed to be
E
the other the service No. 4.
1. Every public Officer borne on the Fixed Establishment of the Colony who is Governor edge, appointed to be Governor of the Colony or to be a Judge of the Supreme Court, and der clause of this Minute, may, who, being a Judge, may not be awardeda Pension on his retirement, be awarded the same pension as if he had continued to hold the office which he vaented on such appointment, and as if his retirement were occasioned by
bois previous ill-health.
2. If there is offered to any such ex-Governor, being under the age of fifty-five years, ou to anjual en Judge, being under the age of fifty-five years/and not having completed seven years, sarvine as a ludge,Jany office under the Crown either in the I delet (....) Coy or elsewhere which, regard being had as well to the state of his health as to his be properly called upon to accept, previous services, such ex-Governor or Judge may the Secretary of State for the Colonies may suspend either wholly or in part, as he in his absolute discretion may think fit, the pension of such ex-Governor or ex-Judge during his tenure of such office in case of acceptance, or in case of non-acceptance until he attains the age of fifty-five years.
Pensions not of right,
Secretary or State's
No. 5.
No Judge or other Officer shall have an absolute right to compensation for past services, or to any pension or other allowance under this Minute, nor shall anything herein contained limit the right of the Crown to dismiss any Judge or other Officer without compensation.
No. 6.
No pension, compensation, or other retiring allowance shall be granted without the sanction required previous sanction of the Secretary of State for the Colonies.
No. 7.
Certificates required as to conduct, &c.
COD. 7493 par. 2.
Cases of extrsor- dinary merit.
the
age
No pension or allowance shall be granted to any public Officer who has not attained of fifty-five years (other than a Governor or Judge of the Supreme Court) without a certificate from the head of his Department and from two qualified medical practitioners that he is incapable by reason of some infirmity of mind or body of dis- charging the duties of his office, and that such infirmity is likely to be permanent, nor in any case without a certificate from the Head of his Department that he has discharged the duties of his office with such diligence and fidelity as to justify the grant to him of a pension or allowance. When the Officer applying for a pension or allowance is himself the Head of a Department, or is a Judge, the certificates required by this section from the Head of a Department must be given by the Governor.
No. 8.
It shall be lawful for the Secretary of State for the Colonies, in cases of peculiar or extraordinary merit, in which special services have been rendered altogether in excess and beyond the usual scope of those which the Officer is paid to perform, to sauction the grant by the Governor in Council of pensions or retiring allowances at higher rates and on more favourable conditions than those which may for the time being be author ised by this Minute; but, in ordinary cases, the maximum pension or retiring allowance grantable to an Officer under this Minute, or to an Officer entitled to pension or retiring allowance also in respect of service not under this Government from all sources com. bined shall not exceed two-thirds of the highest salary drawn by such Officer at any time in the course of his service.
No. 9.
1. Pensions, gratuities, and allowances computed at the rates before-mentioned Good conduct
will only be granted in cases of decidedly faithful and meritorious service.
required.
2. Where the fidelity and diligence of the Officer fall short of the first degree of merit, the computation may be made at lower rates.
3. Where the Officer has been guilty of gross negligence, irregularity, or misconduct, no grant will be made.
No. 10.
1. The service in respect of which pensions, retiring allowances or gratuities will What service
entitles for pensions. be granted must be unbroken, except in cases where the service has been interrupted by abolition of office, or other temporary suspension of employment not arising from mis
severe mkaz conduct or voluntary resignation, so
Le
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 tau period of service on the temporary establishment, or of service paid for out of an open the hole int
Provided always vote or of both such services, such period will be taken into account.
14
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 has 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 vaca- tion 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. att
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 hereinbefore 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 these Regulations as service on full pay.
No. 11.
1. For the purpose of computing retiring allowances, the salary of the permanent How salary to be pension purposes. appointment held by the Officer at the date of retirement will be taken if he has held computed for 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. 12.
1. In case of the abolition of the office of an Officer who is borne on the Fixed Abolition of Office. 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 bim free from the condition as to re-employment mentioned in this clause.
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