659
Pensions of Judges.
Officers enjoying private practice.
Professional qualifications.
Public Officer appointed to be Governor.
Pensions not of right
No. 2.
1. Subject as aforesaid, every Judge of the Supreme Court who has served as a Judge for seven years or upwards may on his retirement be awarded a pension at the rate of fifteen-sixtieths of his salary, with an addition of two-sixtieths in respect of each year of such service in excess of seven, until twenty-nine-sixtieths is reached, and with the further addition of one-sixtieth in respect of each year of such service in excess of fourteen, until the maximum of forty-sixtieths is reached.
2. A Judge of the Supreme Court who, before being made a Judge, has served the Government of the Colony in another capacity and who has not less than ten years' service in the Colony in all (including his service as a Judge), may claim either a peusion at the rate of one-thirtieth of his salary as such Judge for each year of his service as such Judge together with one-sixtieth of the salary received by him previous to his becoming a Judge for each year of his service in that other capacity with an addition to such service which shall bear the same proportion to five years or to five years plus the number of years, if any, grantable under clause 3, paragraph 2, as such service bears to bis total service in the Colony or a pension at ordinary rates in accordance with clauses 1 and 3 of these Regulations; provided that in no case shall the pension under the former alternative exceed the maximum pension which could be claimed "under clause 2 (1), viz., forty-sixtieths of his salary as Judge.
No. 3.
1. (4) 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 allowel the private practice of their professions, may not be awarded pensions under these Regula- tions. 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 in 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 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.
No. 4.
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 to be 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.
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 clsewhere 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 his 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.
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No. 6.
No pension, compensation, or other retiring allowance shall be granted without the Secretary of State's previous sanction of the Secretary of State for the Colonies.
No. 7.
sauction required.
conduct, &c.
No pension or allowance shall be granted to any Public Officer who has not attained Certificates the age of fifty-five years (other than a Governor) without a certificate from the Head of required as to
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 When the officer and fidelity as to justify the grant to him of a pension or allowance. 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 Cases of extraor- extraordinary merit, in which special services have been rendered altogether in excess dinary merit. 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-mentione:l will Good condut only be granted in cases of decidedly faithful and meritorious service.
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.
required.
entirles for
1. The service in respect of which pensions, retiring allowances or gratuities will be What service granted must be unbroken, except in cases where the service has been interrupted by pensions. abolition of office, or other temporary suspension of employment not arising from mis- conduct or voluntary resignation. Also service prior to a break of service may be allowed to count for pension together with service subsequent to such break if the whole inter- vening period has with the previous sanction of the Governor in Council been spent in some other employment under the Crown.
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 Establishinent has been immediately preceded by an unbroken period of service on the temporary establishment, or of service paid for out of an open Provided always vote or of both such services, such period will be taken into account, that of the period of service paid for out of au 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 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.
8. Service will be deemed to commence for pension purposes, in the case of Calets 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 periol 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.
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