CHAPTER
12
PRIME MINISTER'S PENSION |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Gratuity and pension payable to Prime Minister. |
Pension payable to surviving widow of a Prime
Minister. |
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Payments to be charged on the Consolidated Fund. |
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CHAPTER 12 |
PRIME MINISTER'S
PENSION |
An Act to
provide for superannuation benefits for the Prime Minister and for matters incidental
thereto. | 13 of 1997 |
[Assent 30th June,
1997]
[Commencement 10th July, 1973] |
1. (1) This Act may be cited as the Prime Minister's
Pension Act, 1997. | Short title and commencement. |
(2) This Act shall
be deemed to have come into operation on 10th July, 1973. |
2. In this Act- | Interpretation. |
"annual basic
salary" means the emoluments provided in the respective Approved
Estimates, exclusive of housing allowances, entertainment allowance or any
other allowance of whatever kind; |
"entitled
children" means a person- |
(a) who is
under the age of eighteen years; or |
(b) who, having
attained the age of eighteen but not twenty-one years, is either receiving
full-time instruction at an educational establishment or undergoing training
for a trade, profession or vocation in such circumstances that he is required
to devote the whole of his time to that training; or |
(c) whose
earning capacity is impaired through illness or disability of the mind or body
and who has not attained the age of twenty-one years. |
3. Every person who, having held the office of Prime
Minister on or after the coming into operation of this Act, ceases at any time
thereafter to be Prime Minister and has served as Prime Minister for at least
eight years shall be granted- | Gratuity and pension payable to Prime Minister. |
(a) a gratuity
equivalent to the annual basic salary; and |
(b) an annual
pension equivalent to the annual basic salary then payable to him at the date
of his ceasing to hold office as Prime Minister: |
Provided that a
person who has served as Prime Minister for at least four years shall be
granted fifty per cent of the gratuity and pension mentioned in paragraphs (a)
and (b). |
4. (1) Where a person dies while he is entitled to a
pension in respect of his service as a Prime Minister and he leaves a widow,
the widow shall be paid a pension at an annual rate equivalent to three fourths
of the pension payable to him at the date of his death. | Pension payable to surviving widow of a Prime
Minister. |
(2) Where a person
dies while holding the office of Prime Minister and he leaves a widow, the
widow shall be paid- |
(a) a gratuity
equivalent to the Prime Minister's basic salary; and |
(b) an annual
pension equivalent to three-fourths of the Prime Minister's annual basic salary
then payable to him. |
(3) Every
reference in this Act to a "widow" includes a "widower" as
the case may be and for this purpose all necessary adaptions shall be made. |
5. (1) Where a person dies while he is Prime Minister or
while he is entitled to receive the Prime Minister's pension leaving one or
more entitled children, a children's allowance shall be payable in respect of
such child or children. | Children's allowance. |
(2) Only one
children's allowance is payable in respect of the service of a deceased Prime
Minister but- |
(a) the rate
thereof may vary according to the number of children entitled thereto, so that,
the aggregate rate of allowance payable shall not exceed the rate specified in
subsection (3)(a) or subsection (4)(a) as the case may be; |
(b) it shall be
paid to such person or persons as the Minister of Finance may from time to time
direct, and different parts thereof may be directed to be paid to different
persons; |
(c) the person
to whom all or any part thereof is paid shall apply the sum paid to him,
without distinction, for the benefit of all the children for the time being
entitled thereto or for the benefit of such of them as the Minister of Finance
may from time to time direct. |
(3) Where the
deceased Prime Minister leaves a widow the annual rate of the children's
allowance during her lifetime shall be- |
(a) one-quarter
of the rate of the pension mentioned in section 3(b) where there are two or
more children entitled to the children's allowance; |
(b) one sixth
of the rate of such pension where there is only one child entitled to the children's
allowance. |
(4) Where the
deceased Prime Minister leaves no widow, or where he leaves a widow, then after
her death, or after any pension payable to her ceases to be paid before the
death, the annual rate of the children's allowance shall be- |
(a) one-half of
the rate of the pension mentioned in section 3(b) where there are two or more
children entitled to the children's allowance; |
(b) one-quarter
of the rate of such pension where there is only one child entitled to the
children's allowance. |
6. Any pension or gratuity payable under this Act shall
not be assigned or transferable except for the purpose of satisfying- | Awards not assignable. |
(a) a debt due
to the Government; or |
(b) any sum of
money ordered by any court to be paid (whether periodically or not) towards the
maintenance of the spouse, former spouse or child (being a minor) of the Prime
Minister in respect of whom the award is payable, |
and shall
not be liable to be attached, sequestered or levied upon, for, or in respect of
any debt or claim whatever except a debt or sum of money mentioned in paragraph
(a) or (b). |
7. Every payment of the pensions, gratuities and
allowances to be made in pursuance of this Act is hereby charged on the
Consolidated Fund and such pensions and allowances shall for any period ensuing
after the enactment of this Act be paid monthly in arrears in equal instalments
as far as possible. | Payments to be charged on the Consolidated Fund. |
8. Where a person has held the office of Prime Minister
for less than eight years and has made contributions under the
Parliamentary Pensions Act, 1995 he may elect that this Act or the
Parliamentary Pensions Act, 1995 shall apply to him: | Election. |
Provided that in
no case shall the Prime Minister's pension be less than he would have been
entitled to under the Parliamentary Pensions Act, 1995. |
9. Where any person holding the office of Prime Minister
at the date of the enactment of this Act or who has held such office before
such date has made any contributions under any Parliamentary Pensions Act, such
contributions shall be refunded to him together with interest thereon of five
per cent per annum of the amount paid for each year of contribution. | Refund of contribution. |