103
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 pension 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 his 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.
No. 6.
Consider, &c.
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 Department and from two qualified medical practitioners that he is incapable by reason of 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. 7.
Cases of 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.
It shall be lawful for the Secretary of State for the Colonies, in cases of peculiar or extraordinary merit, 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.
No. 8.
Ordinary Cases.
In ordinary cases, the maximum pension or retiring allowance grantable to an ordinary 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 service. Such ordinary pensions need not be reported to the Secretary of State except-- (a) in the case of pensions payable in Great Britain, when the amount awarded should be simply reported to the Colonial Office, and at the same time instructions given to the Crown Agents to issue the pensions; and
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 the 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 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 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.
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 elsewhere which, regard being had 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.
(b) in the case of officers who have served in more than one Colony, in which case it is desirable that the usual pension paper of particulars should be sent to England inasmuch as the amount awarded may affect the amount payable by other Colonial Governments.
In no case shall any pension granted under this Rule exceed £1,000 per annum.
No. 9.
Pensions granted under the Police Pension Regulations need not be reported to the Secretary of State except in the cases indicated in (a) and (b) of Rule 8.
No. 10.
The Colonial Treasurer should furnish the Comptroller and Auditor General with the usual paper of particulars of every pension, whether granted under the ordinary pension minute or under the Police Pension Regulations, as soon as possible after the pension has been awarded, in support of the first payment of such pension.
No. 11.
1. Pensions, gratuities, and allowances computed at the rates before-mentioned will 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. 12.
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 abolition 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 to count for pension together with service subsequent to such break if the whole intervening period has with the previous sanction of the Governor in Council been spent in some other employment under the Crown.
103
Pensions of Judges.
Officers enjoying private practice.
Professional qualifications,
Public Officer aipomted to be Governor.
f'ensions pot 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 cachis your of such service in excess of seven, until twenty-nine-sixtieths is readied, a wit 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 pension at the rate of one-thirtieth of his salary as such Judge for each year of las 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 his 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.
No. 6.
coudner, &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 require i as ta
Department and from two qualified medical practitioners that he is incapale by reason of see 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 peusion 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 Departuent must be given by the Governor,
No. 7.
extraordinary merit, in which special services have been rendered altogether in excess and dinary merit.
It shall be lawful for the Secretary of State for the Colonies, in cases of peculiar or Cases of extraor beyond the usual scope of those which the officer is paid to perform, to sanction the grant 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.
No. 8.
In ordinary cases, the maximum pension or retiring allowance grantable to an ordinary Cases. officer under this Minute, or to an offer 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 service. Such ordinary pensions need not be reported to the Secretary of State except-- (a) in the case of pensions payable in Great Britain, when the amount awarded should be simply reported to the Colonial Office, and at the same time instructions given to the Crown Agents to issue the peusions; aud
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 Conncil, officers whose wliole time is not given to the public service and professional officers who are allowed the private practice of their professions, may not be awarded pensions nuder these Regula-his fious. 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 peusion 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 bereto 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.
No. 4.
1. Every Public Officer horne on the Fixed Establishment of the Colony who 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 elsewhere which, regard being Lad | well to the state of his health as to his previous services, such ex-Governor may be pro perly called upou the accept, the Secretary of State for the Colonies may suspend either wholly or in part as be in his absolute discretion may think fit the pension of such es Governor during his tenure of ench 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 offic without compensation.
(b) in the case of officers who have served in more than one Colony, in which case it is desirable that the usual pension paper of particulars should be sent to Eugland inasmuch as the amount awarded may affect the amount payable by other Colonial Governments.
In no case shall any pension granted under this Rule excoed £1,000 per annum.
No. 9.
new~
Pensions granted under the Police Pension Regulations need not be reported to the Police Peusions. Secretary of State except in the cases indicated in (a) and (b) of Rule 8.
No. 10.
The Colonial Treasurer should furnish the Comptroller and Auditor General with the Colonial Treasurer usual paper of particulars of every pension, whether granted under the ordinary pension to furnish paper of
particular. minute or under the Police Pension Regulations, as soon as possible after the pension has been awarded, in support of the first payment of such pension.
No. 11.
1. Pensions, gratuities, and allowances computed at the rates before-mentioned will Good conduct 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. 12.
entitles 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 ponticus. abolition of office, or other temporary suspension of employment not arising from iniscou duct or voluntary resignation. Also service prior to a break of service may be allowed to count for peusion together with service subsequent to such break if the whole interven- ing period has with the previous sanction of the Governor in Council been spent in some
other employment under the Crown.
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