1987 Ed.]
Pensions Regulations
[CAP. 89
A 23
[Subsidiary]
daily paid service prior to transfer to monthly paid service shall be deemed to be monthly paid service as if he had so elected under regulation 28(1)(b).
(3) A gratuity granted under paragraph (1) to the legal personal representative shall form part of the estate of the officer for the purposes of distribution but, nevertheless, no estate duty shall be payable in respect thereof, and this addition to the principal value of the estate shall not be taken into account for the purpose of increasing the rate at which estate duty on the remainder of the estate may be payable.
(4) In this regulation "commuted annual allowance gratuity" means the maximum gratuity, if any, which might have been granted to the officer under regulation 26(5) if he had retired at the date of his death in the circumstances described in paragraph (4)(a) and (c) of that regulation and had elected to receive a gratuity and a reduced annual allowance.
(5) For the purposes of computing 9 months' salary of an officer under paragraph (2), the highest monthly salary enjoyed or drawn by him in the course of any particular period of continuous service only shall be taken into account for computing the amount for that period; but, where an officer is serving on trial or probation in an office immediately following service other than on trial or probation, the highest monthly salary which the officer would have enjoyed or drawn in his substantive rank at the date of his retirement or death shall be taken into account.
(6) Where an officer dies after retirement from service under the Government having been granted, or having become eligible for, an annual allowance under regulation 26 and the sums paid or payable at the date of his death on account of such annual allowance, including any sum awarded by way of gratuity under regulation 26 but excluding any additional pension awarded in accordance with the provisions of regulation 31(2) are in total, less than the amount of 9 months' salary, or his commuted annual allowance gratuity, if any, or where appropriate the commuted annual allowance gratuity supplemented in accordance with paragraph (2A), whichever is the greater, the Governor may grant a gratuity equal to the deficiency to the officer's legal personal representative or, where that gratuity does not exceed such amount as may be determined by the Governor, to such person as the Governor shall name as the recipient.
30. The provisions of section 9 of the Ordinance shall apply to annual allowances under this Part as though the words "annual allowance" were substituted for the word "pension" except where the word "pension" relates to an additional pension and as though the word "salary" was substituted for "pensionable emoluments" wherever such word or words may appear, and as though the words "regulation 26(4)(c), (cc) or (d)" were substituted for the words "section 6(c), (d) or (e)".
G.N.A. 34/62. L.N. 123/80.
36 of 1987, s. 49.
L.N. 123/80.
Application of section 9 of the Ordinance.
26 of 1982, s. 6.
1987 Ed.]
Pensions Regulations
[CAP. 89
A 23
[Subsidiary]
daily paid service prior to transfer to monthly paid service shall be deemed to be monthly paid service as if he had so elected under regulation 28(1)(b).
(3) A gratuity granted under paragraph (1) to the legal per- sonal representative shall form part of the estate of the officer for the purposes of distribution but, nevertheless, no estate duty shall be payable in respect thereof, and this addition to the principal value of the estate shall not be taken into account for the purpose of increasing the rate at which estate duty on the remainder of the estate may be payable.
(4) In this regulation "commuted annual allowance gratuity” means the maximum gratuity, if any, which might have been granted to the officer under regulation 26(5) if he had retired at the date of his death in the circumstances described in paragraph (4)(a) and (c) of that regulation and had elected to receive a gratuity and a reduced annual allowance.
(5) For the purposes of computing 9 months' salary of an officer under paragraph (2), the highest monthly salary enjoyed or drawn by him in the course of any particular period of continuous service only shall be taken into account for computing the amount for that period; but, where an officer is serving on trial or probation in an office immediately following service other than on trial or probation, the highest monthly salary which the officer would have enjoyed or drawn in his substantive rank at the date of his retirement or death shall be taken into account.
(6) Where an officer dies after retirement from service under the Government having been granted, or having become eligible for, an annual allowance under regulation 26 and the sums paid or payable at the date of his death on account of such annual allowance, including any sum awarded by way of gratuity under regulation 26 but excluding any additional pension awarded in accordance with the provisions of regulation 31(2) are in total, less than the amount of 9 months' salary, or his commuted annual allowance gratuity, if any, or where appropriate the commuted annual allowance gratuity supplemented in accordance with para- graph (2A), whichever is the greater, the Governor may grant a gratuity equal to the deficiency to the officer's legal personal representative or, where that gratuity does not exceed such amount as may be determined by the Governor, to such person as the Governor shall name as the recipient.
30. The provisions of section 9 of the Ordinance shall apply to annual allowances under this Part as though the words "annual allowance" were substituted for the word "pension" except where the word "pension" relates to an additional pension and as though the word "salary" was substituted for "pensionable emoluments' wherever such word or words may appear, and as though the words "regulation 26(4)(c), (cc) or (d)" were substituted for the words “section 6(c), (d) or (e)”.
G.N.A. 34/62. L.N. 123/80.
36 of 1987, s. 49.
L.N. 123/80.
Application of section 9 of the Ordinance.
26 of 1982, s. 6.
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