TNAG-2420-FCO40-3522-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1992 — Page 20

224

Award to entitled

officer who accepts

transfer.

Gratuity where an officer dien.

Trinidad and Tobago (Constitution) (Retirement of Entitled Officers)

Regulations, 1960

(3) In addition to the pension referred to in paragraph (1) of this regulation such officer shall be granted at his option, exercisable within one month of the date on which he is notified of the grant of permission to retire,

either-

(a) an additional pension calculated in accordance with the provisions

of regulation 11 of the Pensions Regulations, 1938; or

(b) a gratuity in accordance with the provisions of the First Schedule

to these Regulations; or

(c) a compensatory pension in accordance with the provisions of the

Second Schedule to these Regulations :

Provided that the Governor may, acting in his discretion, in respect of any officer extend the period within which the option under this paragraph may be exercised.

(4) Any award made pursuant to this Regulation shall be in lieu of any other award which could have been made pursuant to the provisions of the appropriate law.

(5) Any gratuity awarded in accordance with paragraph (3) (b) of this regulation shall be paid to the officer not less than 14 days before the dafe of his departure from the Territory or the date on which his pre-retire- ment leave commences whichever is the sooner.

5. (1) Where an entitled officer has been granted permission to retire. pursuant to Regulation 3 of these Regulations, and accepts, in lieu of retire- ment, transfer to an office in other public service he shall, upon taking up the duties of that office if the amount of his last drawn annual pensionable emoluments in the public service of the Government of Trinidad and Tobago are greater than the initial annual pensionable emoluments of the office to which he has transferred, be paid a gratuity in accordance with the provisions of the Third Schedule to these Regulations.

(2) An officer who is eligible for a gratuity under this Regulation shall not be eligible for any other award, under these Regulations.

(3) A gratuity payable under the provisions of this Regulation shall not exceed the gratuity to which the officer, if he had retired, would have been entitled under the provisions of sub-paragraph (b) of paragraph (3) of Regulation 4 of these Regulations.

6. (1) Where an entitled officer dies—

(a) after he has been granted permission to retire but before either retiring or taking up an appointment in lieu of retiring; or

(b) after making application to retire but before being granted permission to retire and the Secretary of State or the Govern- ment of Trinidad and Tobago with the approval of the Secretary of State, as the case may be, would have if he had not died granted him permission to retire,

there may be paid to the legal personal representative of such officer or such of his dependants as the Governor may think fit either-

(i) the gratutity in accordance with the provisions of the First Schedule to these Regulations to which the officer would have been entitled if he had retired on the day of his death; or

2