TNAG-2420-FCO40-3522-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1992 — Page 27

United Kingdom-Trinidad and Tobago Public Officers Agreement

(3) In every other case an officer eligible for a pension shall exercise before the award of his pension an option as to whether his pension and any pension that may become payable to his widow, children, dependants or personal representatives, shall be paid in the Federation or outside the Federation.

(4) Where, in consequence of the death of any person, a pension becomes payable after the appointed day to his widow, children or any dependant, cr to his personal representatives, an option as to whether the pension shall be paid in the Federation or outside the Federation—

(a) may be exercised within one year of the death of the pensioner;

and

(b) shall, if so exercised, be substituted for the option (if any) exercised by that person under paragraph (2) or paragraph (3) of this Article.

(5) Where an option is exercised in accordance with this Article for the payment of a pension in the Federation, the option may be revoked, and a fresh option may be exercised by the pensioner for the payment of the pension outside the Federation, if the pensioner ceases to reside in the Federation.

(6) Where an option is exercised in accordance with this Article for the payment of a pension outside the Federation the pension may be paid in any country outside the Federation according as the pensioner by notice in writing may from time to time request, or, if the pensioner becomes resident in the Federation and so requests by notice in writing, may be paid in the Federation.

(7) An option exercised or revoked in accordance with this Article-

(a) shall be exercised or revoked by notice in writing; and

(b) shall be deemed to have been exercised or revoked on the date

on which the notice is received.

(8) For the purposes of this Article

(a) "the Federation" means the territory of the Federation of The

West Indies; and

(b) "Pensioner" means the person entitled to the payment of a pension or, if that person is a minor his or her lawful guardian.

6. For the purposes of this Agreement, in so far as the law, regulations, Options. or administrative directions applicable to the grant of a pension depends on the option of the person to or in respect of whom it is granted or to be granted, the law, regulations, or administrative directions for which he opts shall be taken to be more favourable to him than any other law, regulation, or administrative direction for which he might have opted.

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and H.M.O.J.

7. (1) Officers who are members of Her Majesty's Overseas Civil Service officers in or of Her Majesty's Overseas Judiciary shall continue to be eligible for H.M.O.C.S. consideration by Her Majesty's Government in the United Kingdom for transfer or promotion to employment in the public service of some other territory.