CHAPTER
44
GOVERNOR-GENERAL'S PENSION |
ARRANGEMENT OF
SECTIONS |
SECTION |
Short title and commencement. |
Gratuity and pension payable to Governor-General. |
Gratuity payable to legal personal
representatives. |
Pension payable to surviving widow of a
Governor-General. |
|
|
Payments to be charged on the Consolidated Fund. |
CHAPTER 44 |
GOVERNOR-GENERAL'S
PENSION |
An Act to
provide for superannuation benefits for the Governor-General and for matters
incidental thereto. | 3 of 1988 |
[Assent 23rd March,
1988]
[Commencement 10th July, 1973] |
1. (1) This Act may be cited as the Governor-General’s
Pension Act, 1988. | Short title and commencement. |
(2) This Act shall
be deemed to have come into operation on 10th July, 1973. |
2. (1) Every person who, having held the office of
Governor-General on or after the coming into operation of this Act, ceases at
any time thereafter to be Governor-General shall on his retirement from that
office be granted- | Gratuity and pension payable to Governor-General. |
(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 retirement in respect of that office. |
(2) For the
purposes of this Act, "annual basic salary" means the
emoluments provided in the respective Approved Estimates, exclusive of housing
allowance, entertainment allowance or any other allowance of whatever kind. |
3. Where after the coming into operation of this Act a
Governor-General dies while holding office, a gratuity calculated in accordance
with paragraph (a) of section 2(1) shall be payable to his legal personal
representative. | Gratuity payable to legal personal representatives. |
4. (1) There shall be granted to the widow of a
Governor-General who dies while holding office a gratuity of an amount equal to
the annual basic salary of the deceased Governor-General together with an
annual pension equivalent to three-fourths of that salary and which pension
shall also be payable to the widow where the Governor-General dies after
retirement. | Pension payable to surviving widow of a
Governor-General. |
(2)
Notwithstanding anything to the contrary in subsection (1) the pension payable
under that subsection to the widow shall- |
(a) during any
period after her remarriage be equivalent to one-half of the annual basic
salary which the Governor-General was receiving immediately before his death or
his retirement; |
(b) not be
payable in respect of any period during which she holds office as
Governor-General. |
(3) Every
reference in this Act to a "widow" includes a "widower" as
the case may be and for this purpose all necessary adaptations shall be made. |
5. (1) Where a person dies while he is Governor-General
or while he is entitled to receive the Governor-General'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
Governor-General but- |
(a) the rate
thereof may vary according to the number of children entitled thereto, so
however, 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 Prime Minister 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 Prime Minister may
from time to time direct. |
(3) Where the
deceased Governor-General leaves a widow the annual rate of the children's
allowance during her lifetime shall be- |
(a) one-third
of the rate of the pension, mentioned in section 2(1)(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 Governor-General 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 subsection (2)(1)(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. |
(5) In this
section "entitled children" means persons who have not attained the
age of eighteen years and who are unmarried. |
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
Governor-General 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. (1) 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. |
(2) Any payments
made from the Consolidated Fund in the nature of a gratuity or allowance in
respect of the service of a Governor-General who died while holding office
prior to the enactment of this Act shall be credited against any like payment
arising under this Act. |