CHAPTER
45
JUDGES' REMUNERATION AND PENSIONS |
ARRANGEMENT OF
SECTIONS |
SECTION |
PART I
PRELIMINARY |
|
|
PART II
REMUNERATION OF JUDGES |
Salaries and allowances of Judges. |
Appointment of Commission. |
PART III
PENSIONS OF JUDGES |
Pensions and gratuities charged on Consolidated
Fund. |
Entitlement to pension on retirement. |
Removal from office in certain circumstances
deemed retirement. |
|
Determination of length of pensionable service. |
Gratuity and reduced pension. |
Pensions, etc., not assignable. |
Gratuity on death of Judge. |
|
PART IV
MISCELLANEOUS |
|
|
Governor-General's powers. |
Extension of Act to the holders of the offices
of Justice of Appeal. |
|
Retention of pension benefits during leave of
absence. |
SCHEDULE - Salaries of Judges. |
CHAPTER 45 |
JUDGES'
REMUNERATION AND PENSIONS |
An Act to
make provision for the salaries, pensions and other conditions of service of
Justices of the Supreme Court. | 4 of 1988
1 of 1995
S.I. 99/1995
S.I. 92 of 1998
35 of 1998
30 of 2000
S.I. 103/2001 |
[Assent 23rd March,
1988]
[Commencement 1st May, 1988] |
PART I
PRELIMINARY |
1. This Act may be cited as the Judges' Remuneration and
Pensions Act, 1988. | Short title. |
2. In this Act- | Interpretation. |
"Judge"
means the Chief Justice or any Justice of the Supreme Court; |
"judicial
office" means the office of a Judge; |
"other public
service" means public service recognised as pensionable service under the
Pensions Act, other than service in a judicial office; |
"pensionable
emoluments" means the annual basic salary paid to a Judge in respect of
his substantive office; |
"pensionable
service" means service which may be taken into account in computing
pension under this Act; |
"public
service" means service of the Crown in a civil capacity in respect of the
Government of The Bahamas. |
PART II
REMUNERATION OF JUDGES |
3. (1) There shall be paid to the respective holders of
the judicial offices set out in the Schedule, the respective
salaries set out therein. | Salaries and allowances of Judges. |
(2) The
Governor-General may by Order- |
(a) amend the
Schedule by increasing any of the salaries specified therein; |
(b) prescribe
any allowances payable to holders of judicial offices. |
(3) An Order made
under this section may contain such supplementary provisions as the
Governor-General may consider necessary or expedient for the purposes of the
Order. |
4. (1) The Governor-General shall, within six months
after the coming into force of this section and thereafter within six months
after the 1st day of April in every third year or at such earlier times as may
be expedient appoint a Commission to- | Appointment of Commission. |
(a) enquire
into the adequacy of the salaries, allowances and pensions payable under this
Act and the adequacy of Judges' benefits generally; |
(b) make such
recommendations as the Commission considers appropriate in relation to the
matters specified in paragraph (a). |
(2) A Commission
referred to in subsection (1) shall be appointed by instrument in writing and
shall- |
(a) consist of
not less than three or more than five members, one of whom has held judicial
office: |
(b) hold office
for such period as may be specified in the instrument of appointment; |
(c) within
three months of the date of appointment submit to the Prime Minister a report
containing the recommendations referred to in subsection (1)(b). |
(3) The Prime
Minister shall lay before the House of Assembly for its approval the report
referred to in subsection (2)(c) for giving effect to such report. |
(4) Where the
Governor-General is satisfied after consultation with the Commission that it is
equitable that any recommendation contained in a report laid under subsection
(3) should have retrospective effect in order to confer a benefit upon or
remove a disability attaching to any person such recommendation may be given
effect for that purpose. |
(5) No
recommendation under subsection (4) shall have retrospective effect unless it has
received the prior approval of the House of Assembly signified by resolution. |
PART III
PENSIONS OF JUDGES |
5. There shall be charged on and paid out of the
Consolidated Fund all such sums of money as may from time to time be granted by
way of pensions or gratuities in accordance with this Act to persons on their
retirement from a judicial office. | Pensions and gratuities charged on Consolidated Fund. |
6. (1) Subject to Articles 122 and 123 of the
Constitution and to subsection (2), a pension or gratuity shall be paid in
accordance with this Act to a person on his retirement from a judicial office- | Entitlement to pension on retirement. |
(a) in
the case of a person holding judicial office at the coming into operation of
this paragraph, on or after attaining the age of sixty years having held
judicial office for not less than five years; or |
(b) in
the case of any other person, on or after attaining the age of sixty-five years
having held judicial office for not less than five years; or |
(c) on
medical evidence to the satisfaction of the Governor-General that he is unable
by reason of any infirmity of body or mind to discharge the functions of his
office and that such infirmity is likely to be permanent. |
(2) Any person who
at the date of commencement of this Act or thereafter is
the holder of a judicial office and whose service in that office was
immediately preceded by other public service shall be entitled to retire from a
judicial office in such circumstances as would have rendered him eligible to
retire under the provisions of the Pensions Act and, on such
retirement, there shall be paid to such person apension or gratuity computed in
accordance with this Act. |
7. (1) A person who, in accordance with Article 96 of
the Constitution, is removed from a judicial office for inability, arising from
infirmity of body or mind, to discharge the functions of his office is deemed
to have retired from that office under section 6. | Removal from office in certain circumstances deemed
retirement. |
(2) A person who,
in accordance with Article 96 of the Constitution, is removed from a judicial
office for any cause, other than inability, arising from infirmity of body or
mind, to discharge the functions of his office may be granted such pension and
gratuity as the Governor-General may decide, not exceeding one-half of the
pension and gratuity to which he would have been entitled had he retired from
such office under section 6. |
8. Subject to this Act there shall be paid to a person
who retires from- | Rate of pension. |
(a) the office
of Chief Justice a pension equivalent to his pensionable emoluments; |
(b) judicial
office (other than the office of Chief Justice) a pension at the annual rate of
two fifths of his pensionable emoluments plus one three hundredths of his
pensionable emoluments in respect of each completed month save that the pension
payable to that person pursuant to this paragraph shall not exceed those
pensionable emoluments. |
9. In determining, for the purposes of section 8, the
length of pensionable service of a person who retires from a judicial office,
account shall be taken of- | Determination of length of pensionable service. |
(a) the full
period during which such person was the substantive holder of a judicial
office; and |
(b) any other period
of public service which immediately preceded the period of service referred to
in paragraph (a) and was pensionable service under the Pensions Act. |
10. (1) A person to whom a pension is payable under
this Act shall, at his option exercisable in accordance with this section, be
paid instead of such pension, a pension at the rate of three-fourths of such
pension together with a gratuity equal to eleven and one-half times the amount
of the annual reduction so made in the pension. | Gratuity and reduced pension. |
(2) The option
referred to in subsection (1) shall be exercisable and if it is exercised, may
be revoked, not later than the day immediately preceding the date of such
person's retirement, but the Governor-General may, if it appears equitable so
to do, allow such person to exercise the option or revoke an option previously
exercised at any time between that day and the actual date on which the first
payment of any pension is made under this Act. |
(3) Except as
provided in subsection (2), if any such person exercises the option referred to
in subsection (1), his decision shall be irrevocable so far as it concerns any
pension paid to him under this Act. |
(4) The date of
the exercise by any such person of an option under this section shall be the
date of the receipt of his written notification addressed to the
Governor-General. |
11. A pension, gratuity or other allowance granted
under this Act shall not be assignable or transferable except for the purpose
of satisfying- | Pensions, etc., not assignable. |
(a) a debt due
to the Crown; |
(b) an order of
any court for the periodical payment of money towards the maintenance of the
wife or former wife or minor child of the person to whom the pension, gratuity
or other allowance has been granted, |
and shall
not be liable to be attached, sequestered or levied upon for or in respect of
any debt or claims whatever except a debt due to the Crown. |
12. Where a Judge dies while holding office there shall
be granted to his legal personal representative a gratuity of an amount equal
to his pensionable emoluments. | Gratuity on death of Judge. |
13. (1) Where a person dies while he is entitled to a
pension in respect of his service as a Judge and he leaves a widow, the widow
shall be paid a pension at an annual rate equivalent to three fourths of the
pension that would have been or was payable to him at the date of his death. | Widow of Judge. |
(2)
Where a person dies while holding judicial office and leaves a widow, the widow
shall be paid- |
(a) a gratuity
of an amount equivalent to his pensionable emoluments; and |
(b) an annual
pension equivalent to three fourths of the amount which that person would have
been entitled to as pension pursuant to section 8 had the date of his death
been the date upon which he would have been entitled to retire in receipt of a
pension and he had so retired. |
(3)
Notwithstanding anything to the contrary in subsection (2)(b) the annual
pension payable to a widow under that subsection shall, in respect of any
period after her remarriage, be reduced by fifty per cent and for that purpose
in any year be pro-rated accordingly. |
(4) In this
section a reference to "widow" includes a reference to
"widower". |
PART IV
MISCELLANEOUS |
14. Subject to this Act, the Pensions Act shall apply
for the purpose of computing pension and gratuity payable under this Act to a
person who retires from a judicial office in the same manner as it applies for
the purpose of computing the pension and gratuity payable to a public officer
who retires from a pensionable office under that Act. | Application of Ch. 43. |
15. The Governor-General may make regulations generally
for carrying out the provisions of this Act. | Regulations. |
16. In the exercising of his powers under Part III, the
Governor-General shall act on the recommendation of the Judicial and Legal
Service Commission. | Governor-General's powers. |
17. (1) The Governor-General may, on the recommendation
of the Judicial and Legal Service Commission, by Order extend the provisions of
this Act to the office of Justice of Appeal. | Extension of Act to the holders of the offices of
Justice of Appeal. |
(2) An Order made
under this section may contain such supplementary provisions and such
modifications of this Act as the Governor-General acting on such
recommendations sees fit. |
18. (1) Any person who at the date of commencement of
this Act is the holder of a judicial office shall be entitled to exercise,
within forty-five days of that date, an option as to whether the provisions of
the Pensions Act or the provisions of this Act shall apply in his case. | Application of Act. |
(2) Any person who
after the date of commencement of this Act is appointed to a judicial office
and immediately before the date of his appointment was in the public service
shall be entitled to exercise, within forty-five days of the date of his
appointment, an option as to whether the provisions of the Pensions Act or the
provisions of this Act shall apply in his case. |
(3) Any person who
was the holder of a judicial office on 1st January 1988 and ceases to hold such
office before the commencement of this Act shall be entitled to exercise a like
option as mentioned in subsection (1). |
(4) Where the
holder of a judicial office referred to in subsection (1), (2) or (3) fails to
specify within the said forty-five days which law shall apply in his case, the
provisions of the law applicable to the grant and payment of pensions and gratuities
in force on the date on which the holder was appointed to such office shall
continue to apply in his case. |
(5)
Notwithstanding the foregoing provisions of this section or any provisions of
the Pensions Act, the provisions of this Act shall apply to any person
appointed to a judicial office after the date of commencement of this Act who,
immediately before the date of his appointment, was not in the public service. |
(6) For the
purposes of subsections (1), (2) and (3), the holder of a judicial office shall
exercise his option as to which law shall apply in his case by written
notification of his decision addressed to the Registrar of the Supreme Court. |
19. (1) Where a person who holds a judicial office
takes a leave of absence with the approval of the Judicial and Legal Service
Commission, the provisions of Part III of this Act shall continue to apply to
that person during the period of the leave of absence as if that person was
performing the functions of the office that he held prior to the leave of
absence. | Retention of pension benefits during leave of absence. |
(2) A leave of
absence granted pursuant to subsection (1) shall not exceed a period of five
years. |
(3)
Notwithstanding subsection (1), the holder of the judicial office who takes a
leave of absence under this section shall not be entitled to any salary or
allowance as a holder of a judicial office during the period of the leave of
absence. |
(4) Where a person
who holds a judicial office takes a leave of absence pursuant to subsection (1)
and he obtains employment, his employer shall pay to the Treasurer monthly
during the said period of absence a contribution towards the prospective
pension entitlements of that person concerned calculated at the rate of
twenty-five per centum of the pensionable emoluments of the holder of that
office concerned immediately before the date of the leave of absence. |
SCHEDULE (Section 3) |
SALARIES OF JUDGES |
There shall be
paid- |
(a) with effect
from 1st July, 2000 to- |
(i) the
Chief Justice, a salary of $90,000 per annum; |
(ii) any
Senior Justice, a salary of $82,000 per annum; |
(iii) every
other Judge, a salary of $78,000 per annum; |
(b) with effect
from 1st July, 2003 to- |
(i) the
Chief Justice, a salary of $96,000 per annum; |
(ii) any
Senior Justice, a salary of $89,000 per annum; |
(iii) every
other Judge, a salary of $83,000 per annum. |