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JUDGES REMUNERATION AND PENSIONS (ALLOWANCES) ORDER, 1994
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S.I. 70/1994
S.I. 91/1997
S.I. 91/1998
S.I. 104/2001 |
| (SECTION 3) |
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| [Commencement 1st July, 1994] |
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1. (1) This
Order may be cited as the Judges Remuneration and Pensions (Allowances) Order,
1994. | Citation and commencement. |
(2) This Order
shall be deemed to have come into operation on the 1st July, 1994. |
2. (1)
Every person who is the holder of a judicial office shall be entitled, in the
case of- | Housing allowance, etc. |
(a) the Chief
Justice, to free government furnished quarters and the payment of any certify
bills connected thereto; |
(b) any
Justice in Freeport, to free government or rental furnished quarters and the
payment of any utility bills connected thereto; |
(c) any
Justice, other than as mentioned in subparagraph (a) and (b), to subsidized
rental government quarters or in lieu thereof at the option of the
Governor-General a monthly housing allowance of fifteen per centum of monthly
salary. |
(2) In
subparagraph (1)(a) and (b) "utility bills" means expenses incurred
for the payment of water services, electricity services, gas and telephone
services (other than bills in respect of personal overseas telephone calls). |
3. Every
person who is the holder of a judicial office is entitled to the provision upon
appointment of the requisite judicial regalia. | Provision of regalia. |
4. An
annual responsibility allowance shall be paid to- | Responsibility allowance. |
(a) the Chief
Justice in the sum of $15,000; and |
(b) every other
Judge in the sum of $10,000. |
4A. Every
person who is the holder of a judicial office, their spouse and dependent
children shall be entitled to coverage under a non-contributory medical and
hospitalization insurance scheme. | Medical and hospitalization insurance. |
5. The
Chief Justice shall be entitled to the provision of a personal staff,
consisting of a maid and a gardener. | Personal staff to the Chief justice. |
JUDGES' REMUNERATION AND PENSIONS ACT, 1988 (EXTENSION
TO JUSTICES OF APPEAL) ORDER, 1996 | | | | | S.I. 7/1996
S.I. 94/1997
S.I. 5/1999
S.I. 105/2001
S.I. 119/2001 |
| (SECTION 16) | | | [Commencement 1st
January, 1996] |
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1. This
Order may be cited as the Judges' Remuneration and Pensions Act, 1988
(Extension to Justices of Appeal) Order, 1996, and shall be deemed to have come
into operation on the 1st day of January, 1996. | Citation. |
2. (1)
Subject to subparagraphs (2) and (3) and to paragraph 3, the provisions of the
Act shall extend to the office of Justice of Appeal and in that application
references in the Act to a Judge or judicial office shall be construed as
references to a Justice of Appeal or to the office of Justice of Appeal, as the
case may be. | Extension of Act No. 4 of 1988 to the office of
Justice of Appeal. |
(2) The provisions
of section 8 of the Act and of the Schedule thereto are not
extended to the office of Justice of Appeal. |
(3)
The provisions of the Act set out in the first column of the First Schedule to
this Order shall, in their application to the office of Justice of Appeal, be
subject to the modifications set out in the second column of the said Schedule. |
3. The
references in section 17 of the Act to a date of commencement shall in relation
to the office of Justice of Appeal be construed as references to the date of
publication of this Order in the Gazette. | Construction of commencement of Act No. 4 of 1988. |
SCHEDULE (Paragraph 2(2)) |
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Provision of Act No. 4 of 1988
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Modification in relation to the office of Justice of
Appeal
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2
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Substitute for the
definition of "pensionable emoluments" the following definition-
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"pensionable
emoluments" means-
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(a) in the case
of a Justice of Appeal who is ordinarily resident in The Bahamas, the annual
basic salary paid to him in respect of his substantive office; or
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(b) in the case
of a Justice of Appeal who is not ordinarily resident in The Bahamas, the
aggregate of the annual retainer fee together with the per diem amount
up to a maximum of sixty-five thousand dollars per annum, as specified under
paragraph 1(2) of the Schedule."
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5(1)
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Replace the
subsection by the following-
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" (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-
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(a) on or
after attaining the age of sixty-eight years having held judicial office in
The Bahamas; or
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(b) 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 as a Justice of Appeal in The Bahamas and that such infirmity
is likely to be permanent."
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6
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(i) In
subsection (1), substitute for the reference to "Article 96 of the
Constitution" a reference to "Article 102 of the
Constitution".
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(ii) In
subsection 2 delete the words "A person who" and substitute
therefor the words "A person to whom section 7(1)(b) applies and
who".
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(iii) Insert
immediately after subsection 2 the following-
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Provision of Act No. 4 of 1988
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Modification in relation to the office of Justice of
Appeal
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"(3) A person to whom section 7(2)
applies or a person who exercises the option to receive the benefits payable
under section 7(1)(a), and who in accordance with Article 102 of the
Constitution, is removed from the office of Justice of Appeal for any cause,
other than inability, arising from infirmity of body or mind, to discharge
the functions of his office and who was a Justice of Appeal may be paid a
gratuity of fifteen per cent of his pensionable emoluments in respect of each
completed year of his service in the office of Justice of Appeal, not exceeding
one-half of the gratuity to which he would have been entitled under section
5."
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7
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Replace the
section by the following-
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Rate of pension
or gratuity.
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7. (1)
Subject to this Act, a person who subsequent to the publication of this Order
in the Gazette is appointed to the office of Justice of Appeal and
whose service in that office was immediately preceded by service in the
office of Justice of the Supreme Court, shall exercise an option, in
accordance with this section, as to whether he shall be paid upon his
retirement-
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(a) (i) from
the office of Justice of the Supreme Court, any pension and gratuity for
which he is eligible in respect of his service as Justice of the Supreme
Court; and
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(ii) from
the office of Justice of Appeal, a gratuity of fifteen per cent of his
pensionable emoluments in respect of each completed year of his service in
the office of Justice of Appeal; or
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Provision of Act No. 4 of 1988
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Modification in relation to the office of Justice of
Appeal
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(b) (i) from the office of Justice of the Supreme
Court, no pension or gratuity in respect of his service as Justice of the
Supreme Court; and
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(ii) upon his retirement from the office of
Justice of Appeal, 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 year of his service in the office of
Justice of Appeal, save that the pension payable to him pursuant to this
subparagraph shall not exceed those pensionable emoluments; and such pension
shall be computed as if the periods of his service in the office of Justice
of the Supreme Court, and Justice of Appeal had been continuous, and such
pension shall be calculated and granted to him in respect of his total
service in the office of Justice of the Supreme Court, and in the office of
Justice of Appeal taken together, and such total service shall be reckoned as
continuous service for pension purposes.
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Provision of Act No. 4 of 1988
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Modification in relation to the office of Justice of
Appeal
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(2) Subject to this Act, there shall be paid to a
person who retires from the office of Justice of Appeal and to whose service
in that office subsection 1 of this section does not relate, a gratuity of
fifteen per cent of his pensionable emoluments in respect of each completed
year of his service in the office of Justice of Appeal.
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(3) The option referred to in subsection (1) shall be
exercisable not later than the day immediately following the date on which
the person exercising the option receives written notification of his
appointment to the office of Justice of Appeal.
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11
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Replace the section
by the following-
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Gratuity on death of
Justice of Appeal.
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11. (1)
Where a Justice of Appeal in respect of whom subsections (1)(a) and (2) of
section 7 apply, dies while holding office and leaves no widow, there shall
be granted to his legal personal representative a gratuity of fifteen per
cent of his pensionable emoluments in respect of each completed year of his
service in the office of Justice of Appeal.
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(2) Where a
Justice of Appeal in respect of whom subsection (1)(b) of section 7 applies,
dies while holding office and leaves no widow, there shall be granted to his
legal personal representative a gratuity of an amount equal to his
pensionable emoluments.
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12
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Replace the section
by the following-
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Widow of Justice of
Appeal.
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12. (1)
Where a Justice of Appeal dies while he is entitled to a pension in respect
of his service as a Justice of Appeal, and 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.
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(2) Where a
Justice of Appeal dies while he is entitled to a gratuity in respect of his
service as a Justice of Appeal, and leaves a widow, the widow shall be paid a
gratuity of fifteen per cent of the pensionable emoluments in respect of each
completed year of his service in the office of Justice of Appeal.
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(3) Where a
Justice of Appeal, in respect of whom subsection (1)(b) of section 7 applies,
dies while holding office and leaves a widow, the widow shall be paid-
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(a) a gratuity
of an amount equivalent to his pensionable emoluments; and
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(b) an annual
pension equivalent to three fourths of the amount which that person would
have been entitled to as pension pursuant to section 7 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.
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(4) Where a Justice of Appeal in respect of whom
subsection (1)(a) and (2) of section 7 apply, dies while holding office and
leaves a widow, the widow shall be paid a gratuity of fifteen per cent of his
pensionable emoluments in respect of each completed year of his service in
the office of Justice of Appeal.
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(5) Notwithstanding anything to the contrary in
subsection (3), 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.
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(6) In this section, a reference to "widow"
includes a reference to "widower"."
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17
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Replace the section
by the following-
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Application of Act.
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17.
(1) 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.
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(2)
Notwithstanding the foregoing provisions of this section or of any other law,
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."
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Schedule
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Replace the Schedule
by the following-
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"SCHEDULE
TERMS AND CONDITIONS RELATING TO SERVICE OF JUSTICES OF APPEAL
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1. Salaries of
Judges.
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(1) There shall be paid-
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(a) with effect
from 1st July, 2000 to-
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(i) the
President, a salary of $86,000 per annum;
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(ii) a resident Judge, a salary of $84,000 per annum;
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(b) with effect from 1st July, 2003 to-
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(i) the
President, a salary of $92,000 per annum;
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(ii) a
resident Judge, a salary of $90,000 per annum.
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(2) A
non-resident Judge shall be entitled to be paid-
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(a) a retainer
fee of $10,000 per annum; and
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(b) $340 for
each day that he is engaged in the work of the Court of Appeal up to a
maximum of $65,000 per annum.
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2. Accommodation.
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(1) The
President and every resident Judge shall be entitled to free Government
furnished quarters.
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(2) A
non-resident Judge shall be provided with suitable accommodation for each day
on which he is engaged in the work of the Court of Appeal while in The
Bahamas.
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3. Transport
allowance.
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(1) The President
and every resident Judge shall be entitled to the provision upon appointment
of a Government owned and maintained motor vehicle.
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(2) Every
non-resident Judge shall have the use of a Government owned motor vehicle on
each day on which he is engaged in the work of the Court of Appeal while in
The Bahamas.
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4. Provision of
regalia.
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Every Judge
shall be entitled to the provision upon appointment of the requisite judicial
regalia.
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5. Responsibility
allowance.
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An annual
responsibility allowance shall be paid to-
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(a) the
President in the sum of $12,500; and
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(b) every
resident Judge in the sum of $10,000.
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5A. Medical and
hospitalization insurance.
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The President
and every resident Judge, their spouse and dependent children shall be
entitled to coverage under a non-contributory medical and hospitalization
insurance scheme.
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6. Passage payment.
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A non-resident
Judge shall be entitled to the provision, from time to time, of a first class
ticket entitling him to travel by air, from the country where he is
ordinarily resident, to The Bahamas, for the purpose of the work of the Court
of Appeal and to return to the country where he is ordinarily resident.
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7. Subsistence allowance.
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A non-resident
Judge shall be entitled to be paid a subsistence allowance at the rate of
$120 a day while he is engaged in the work of the Court of Appeal and he is
in The Bahamas.
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7A. Per diem
allowance.
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Every resident
judge who sits at any place outside New Providence shall be paid a per
diem allowance of one hundred and fifty dollars.
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8. Interpretation.
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In this
Schedule-
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"Judge"
means a Justice of Appeal;
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"non-resident
Judge" means a person appointed to the office of Justice of Appeal and
who is not ordinarily resident in The Bahamas;
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"President"
means the President of the Court of Appeal;
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"resident
Judge" means a person appointed to the office of Justice of Appeal and
who is ordinarily resident in The Bahamas."
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