Officers enjoying private practice.
Professional qualifications.
Public Officer appointed to be
Governor
Pensions not of right.
Secretary of State's
No. 3.
more favourable conditions than those which may for the time being be authorised by 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 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
No. 9.
1. (a) Except in cases where a right to pension has been previously acknowledged or sanctioned by the Secretary of State or the Governor in Council, Officers whose whole time is not given to the public service and professional Officers who are allowed to private practice of their professions, may not be awarded pensions under these Regulations. If a pension is granted in any such case the addition specified in paragraph 2 of this clause for professional or peculiar qualifications shall not as a general rule be made, nor as a general rule shall any fees paid out of the Treasury be included in salary when computing pension.
(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 enumerated 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 Crown under conditions of office, or other temporary suspension of employment not arising from misconduct or voluntary resignation. Also service prior to a break of service may be allowed from Her Majesty's Naval or Military service, and that no addition shall be made which would cause the whole period of service together with the number of years of actual service to amount to more than thirty-five years, provided that the intervening period has with the previous sanction of the Governor in Council been spent in some other employment under the Crown.
1. Pensions, gratuities, and allowances computed at the rates before-mentioned will be granted in cases of decidedly faithful and meritorious service.
Good conduct 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 be granted must be unbroken, except in cases where the service has been interrupted by some other office...
What service entitles to pensions.
1. Every Public Officer borne on the Fixed Establishment of the Colony who is appointed either directly or after intermediate service under the Crown outside the Colony by the Governor of the Colony shall on his retirement be entitled to the same pension as if he had continued to hold the office which he held in this Colony previous to such appointment and as if his retirement were occasioned by ill-health.
No. 4.
2. If there is offered to any such ex-Governor being under the age of fifty-five years 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 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 during the tenure of such office in case of acceptance or in case of non-acceptance until he attains the age of fifty-five years.
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.
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 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 this clause as service on full pay.
No. 11.
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 that 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.
How salary to be computed for pension purposes.
No pension, compensation, or other retiring allowance shall be granted without the previous sanction of the Secretary of State for the Colonies.
Certificates required as to conduct, &c.
Cases of extraordinary merit.
No. 7.
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) 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 clause 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 of 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 than those prescribed.
For the purpose of this clause Salary includes personal allowance, allowance for house rent, estimated value of free quarters, rations, and any other unquestionable emolument for personal service and any fees paid out of the Treasury by way of salary, 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 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.
Abolition of office.
2. If the Officer whose office is abolished is not qualified for other employment, or where 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.
Page 530
Officers enjoying private practice.
Professional qualifications.
Public Officer appointed to bec
Governor
Pensions not of right.
Secretary of State's
No. 3.
more favourable conditions than those which may for the time being be authorised by Minute; but, in ordinary cases, the maximum pension or retiring allowance grantable ficer under this Minute, or to an Officer entitled to pension or retiring allowance in respect of service not under this Government from all sources combined shall not two-thirds of the highest salary drawn by such Officer at any time in the course
No. 9.
1. (a) Except in cases where a right to pension has been previously acknowled or sanctioned by the Secretary of State or the Governor in Council, Officers whose he time is not given to the public service and professional Officers who are allowed t private practice of their professions, may not be awarded pensions under these Regued tions. If a pension is granted in any such case the addition specified in paragraph 2 this clause for professional or peculiar qualifications shall not as a general rule be mad nor as a general rule shall any fees paid out of the Treasury be included in salary computing pension.
(b) Save as in this clause excepted, such Officers as in this clause are referred may not in the case of abolition of office be awarded the pension provided for the case abolition of office, but every such Officer may receive a pension at such reduced rate i 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 w appointed to an office mentioned in the Schedule hereto and retires therefrom or
is service.
1. Pensions, gratuities, and allowances computed at the rates before-mentioned will Good conduct 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
fit, the computation may be made at lower rates.
3. Where the Officer has been guilty of gross negligence, irregularity, or misconduct, grant will be made.
No. 10.
1. The service in respect of which pensions, retiring allowances or gratuities will be What service some other office requiring like qualifications, the additions in the said Schedule merated must be unbroken, except in cases where the service has been interrupted by entitles for tioned may be made to his period of service: Provided that no such addition shall plition of office, or other temporary suspension of employment not arising from mis- pensions. made in the case of any Officer who has been transferred to the service of the Conduct or voluntary resignation. Also service prior to a break of service may be allowed from Her Majesty's Naval or Military service, and that no addition shall be made whicount for pension together with service subsequent to such break if the whole" intervening together with the number of years of actual service shall amount to more than thirty-fed has with the previous sanction of the Governor in Council been spent in some other
ployment under the Crown.
years,
No. 4.
2. No service other than service on the fixed establishment on full or half taken into account in computing pensions or retiring allowances, except that, where service on the fixed establishment has been immediately preceded by an unbroken hod of service on the temporary establishment, or of service paid for out of an open Provided always
pay
will
1. Every Public Officer borne on the Fixed Establishment of the Colmy whe appointed either directly or after intermediate service under the Crown outside the Colony be Governor of the Colony shall on his retirement be entitled to the same pension as fe or of both such services, such period will be taken into account. had continued to hold the office which he held in this Colony previous to such appointme and as if his retirement were occasioned by ill-health.
of the period of service paid for out of an open vote not more than two-thirds shall counted for the purpose of this clause. Leave of absence on half salary will only be mto at the rate of one month for every two months of such leave, provided that
2. If there is offered to any such ea-Governor being under the age of fifty five wration leave, in cases where full salary is not available, shall be counted as though it any office under the Crown either in the Colony or elsewhere which regard being had as we to the state of his health as to his previous services such ex-Governor may be properly call upon to accept the Secretary of State for the Colonies may suspend either wholly or in på as he in his absolute discretion may think fit the pension of such ex-Governor during tenure of such office in case of acceptance or in case of non-acceptance until he attains age of fifty-five years.
No. 5.
No Judge or other Officer shall have an absolute right to compensation for på services, or to any pension or other allowance under this Minute, nor shall anytim herein contained limit the right of the Crown to dismiss any Judge or other Offe without compensation.
No. 6.
e leave with full salary. But leave taken before the end of 1886, inclusive of vaca- leave taken (after June, 1876,) in conjunction with half pay leave will to the ent 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 well as of other Officers, at the date on which they commence to draw salary, provided at if a Cadet fails to pass the final examination in the native language within the cribed period, the period by which the date of his passing his final examination is erdue 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 during which an Officer is absent on leave without salary such leave being granted grounds of public policy may be counted for the purpose of this clause as service on
pay.
No. 11.
1. For the purpose of computing retiring allowances, the salary of the permanent How salary to be
No pension, compensation, or other retiring allowance shall be granted without ointment held by the Officer at the date of retirement will be taken if he has held computed for sauction required. previous sanction of the Secretary of State for the Colonies.
th office or an office with the same salary for a period of three years immediately pension purposes.
eding such date; otherwise the average amount of the salary of the permanent pointments held by the Officer during the three years immediately preceding his rement will be taken.
2. For the
Certificates required as to conduct, &c.
Cases of extraor dinary merit,
No. 7.
No pension or allowance shall be granted to any public Officer who has not attaine the age of fifty-five years (other than a Governor) without a certificate from the Head his Department and from two qualified medical practitioners that he is incapable reason of some infirmity of mind or body of discharging the duties of his office, and a such infirmity is likely to be permanent, nor in any case without a certificate from Head of his Department that he has discharged the duties of his office with such dilige and fidelity as to justify the grant to him of a pension or allowance. When the O applying for a pension or allowance is himself the Head of a Department,
or is a Judg the certificates required by this clause from the Head of a Department must be given
the Governor.
No. 8.
It shall be lawful for the Secretary of State for the Colonies, in cases of peculiar extraordinary merit, in which special services have been rendered altogether in ex and beyond the usual scope of those which the Officer is paid to perform, to sanction grant by the Governor in Council of pensions or retiring allowances at higher rates &
purpose of this clause Salary includes personal allowance, allowance for erent, estimated value of free quarters, rations, and any other unquestionable uneration for personal service and any fees paid out of the Treasury by way of salary, so that the amount to be allowed for house rent or for estimated value of free sters shall not exceed one sixth, nor the amount to be allowed for fees one fourth of 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 ufficc. ablishment of the Colony, a temporary pension may be granted to the Officer whose ce is abolished,
on the condition that he shall hold himself ready to be recalled to ice, and with the understanding that he will be re-employed as opportunity offers in ference to new applicants for office.
2. If the Officer whose office is abolished is not qualified for other employment, or ere is no reason in the opinion of the Governor to expect that he can be shortly re- ployed, a pension may be granted to him free from the "condition as to re-employment
tioned in this clause.
530
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