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Act No. 65 of 1954
WIDOWS' AND ORPHANS' PENSION

An Act to provide pensions for widows and orphans of members of the public service.

65 of 1954
79 of 1957
71 of 1961
53 of 1962
18 of 1965
10 of 1975
2 of 1979

[Assent 22nd July, 1954]
[Commencement 1st November, 1957]

PART I
PRELIMINARY

1. This Act may be cited as the Widows' and Orphans' Pension Act.

Short title.

2. (1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say:

Interpretation.

"beneficiary" means-

(a)
the widow of a contributor;
(b)
the child of pensionable age of a contributor, by his marriage with any wife who has died or is not entitled to pension under this Act:

Provided that, when there are two or more such children of one marriage, such children shall constitute one beneficiary;

"Contributor" means a person who is contributing to the fund and save as otherwise provided in this Act, includes a person who has ceased to contribute;

"Crown Agents" means the Crown Agents for Oversea Governments and Administrations;

"Minister" means the Minister for Finance;

"pension" means any pension granted to a beneficiary under this Act except when the context implies that a pension granted to the contributor himself is meant;

"Treasurer" means the Treasurer of The Bahamas.

(2) A child shall be of pensionable age for the purposes of this Act, in the case of a male, if he is under the age of seventeen years, and, in the case of a female if she is under the age of eighteen years and has not married.

(3) When the marriage of any contributor has been annulled or dissolved by the decree of any competent court the female party of such marriage shall, for the purposes of this Act, be deemed to have died, and the contributor shall be deemed to have become a widower, at the date of such decree.

(4) A child who shall have been legitimated by marriage according to the law of the country of the father's domicile at the date of the marriage shall, for the purposes of this Act, be deemed to be a child of that marriage.

PART II
ESTABLISHMENT OF FUND AND MANAGEMENT

4.

3 and ......

5. Every contributor shall within three months of his first becoming a contributor notify to the Minister in writing the date of his birth and, if he is then married or a widower with children of pensionable age, the dates of his marriage and of the births of his wife and children (if any).

Information to be furnished by contributors and widows.

(2) Every contributor who marries while a contributor shall within three months after his marriage notify to the Minister in writing the fact and the date of his marriage and the date of the birth of his wife.

(3) Every contributor shall notify to the Minister in writing within three months from the date of the event-

(a) the birth of any child born to him or the adoption of any child by him and the date thereof as the case may be;

(b) the marriage of any female child of his under the age of eighteen years;

(c) the death of his wife or the death or adoption of any of his children of a pensionable age, occurring while he is a contributor;

(d)
The annulment or dissolution of his marriage and the date thereof.

(4) After the death of any married contributor the widow of such contributor shall notify to the Minister in writing, within three months from the date of the event-

(a) the date of the death of such contributor, if he was not at the time in the service of The Bahamas;

(b) the birth of any posthumous child of such contributor and the date thereof;

(c) the marriage of any female child of such contributor under the age of eighteen years;

(d) the death or adoption of any child of such contributor while of a pensionable age;

(e) her own re-marriage or bankruptcy.

(5) Any such statement or notice shall be verified by the production of birth, death, or marriage certificate or by affidavit or otherwise, to the satisfaction of the Minister as the case may be.

(6) This section shall not apply to any marriage to which subsection (1) of section 29 of this Act applies or to the wife, widow or child or any such marriage.

6. (1) A contributor or widow who fails or neglects to comply with any of the requirements of the foregoing section shall, for each default, be liable, at the discretion of the Minister, to pay to the Minister a sum not exceeding eight dollars which may be deducted from his or her salary or pension as the case may be.

Penalties.

(2) If a contributor or widow of a contributor shall at any time have wilfully made any false statement respecting any of the particulars required by this Act to be furnished, all or any part of the rights under the fund of the contributor or the widow or any child of the contributor may be forfeited by the Governor-General, and the Governor-General may give directions for increasing the pension payable to any child of the contributor in consequence of forfeiture under this section of the rights of any other child or the widow of the contributor and such pension shall be increased accordingly:

Provided that the total pension payable does not exceed the amount which would have been payable had there been no forfeiture.

(3) Nothing in this section shall prejudice any right of the Minister to recover any sum paid out of the fund which would not have been paid but for such failure, neglect or false statement as aforesaid.

21.

7. to inclusive ......

22. If a contributor who is married or a widower with children of pensionable age retires from the public service on the ground of ill-health and is not granted a pension from the revenues of The Bahamas, any pension payable on his death shall, if such death occurs not later than two years after the date of his retirement, be computed as if he had died on the day preceding that date.

Retirements for ill-health without pension.

PART VI
CALCULATION AND PAYMENT OF PENSIONS

23. (1) Pensions under this Act shall be calculated in accordance with the pension tables set forth in Schedules A, B and C to this Act and in accordance with the Instructions set forth in Schedules D and E to this Act and the Treasurer shall pay the pensions, or cause them to be paid by the Crown Agents as they become due.

Calculation of pension.

(2) All pensions payable under this Act shall, subject to the provisions of this Act, commence upon the day after the death of the contributor in respect of whom they are payable, shall accrue daily, and shall be payable monthly in arrears:

Provided that a pension may be paid quarterly instead of monthly if the person to whom it is payable so desires.

(1) Notwithstanding anything contained in this Act-

23A. Calculation of pensions where contributors died before the 1st November, 1967, etc.

(a)
pensions payable in respect of contributors who died before the 1st November, 1967; and
(b)
pensions registered in respect of married or widowed officers who ceased to be contributors before the 1st November, 1967,

shall be calculated in accordance with the pension tables and instructions which were in force on the 31st October, 1967.

(2) To any pension calculated in accordance with the provisions of this section there shall be added a sum of twenty per centum of the pension so calculated.

(3) The provisions of this section shall be deemed to have come into operation on the 1st November, 1967.

24.

......

25. Subject to the provision of this Act-

Rights of individual beneficiaries.

(a)
on the death of a contributor leaving one or more beneficiaries, the beneficiary, or each of such beneficiaries, as the case may be, shall receive a pension in accordance with the provisions of this Act;
(b)
if pensions are payable to more than one beneficiary, each beneficiary shall receive such a proportion of the pension which such beneficiary would have received, if sole beneficiary, as unity bears to the total number of beneficiaries;
(c)
where there are two or more beneficiaries receiving pensions in respect of the same contributor and the pension payable to one of such beneficiaries lapses under the provisions of this Act, the other beneficiary or beneficiaries shall, as from the date of such lapse, receive the pension or pensions which they would have received if such first mentioned beneficiary had not been in existence at the death of such contributor.

26. (1) Where there is only one child of a contributor by any marriage entitled to pension, the pension shall be at the same rate as the pension which his or her mother received, or would have received, if it had been payable to her, and shall lapse when such child ceases to be of pensionable age or dies.

Pensions of children.

(2) Where there are two or more children of a contributor by any marriage entitled to pension, the pension shall be at the same rate as the pension which their mother received, or would have received, if it had become payable to her, and shall be paid to such children in equal shares. When any of such children ceases to be of pensionable age or dies his or her share of such pension shall be paid to the remaining child of the same marriage of pensionable age, or, if there are two or more such children, to those children in equal shares.

27. (1) Where a beneficiary is the widow of a contributor, the pension shall cease to be payable to her on her re-marriage.

Death or re-marriage of widow.

(2) When such pension ceases as aforesaid or by reason of the death of the widow or is forfeited under sub section (2) of section 6 of this Act, if there are no children of the marriage of the widow with the contributor living and of pensionable age, the pension shall lapse, and, if there are such children, the pension shall be paid to such children in accordance with the provisions of this Act.

28. Where a beneficiary, being a widow of a contributor, is adjudged bankrupt or declared insolvent by any competent court, the pension shall thereupon cease to be payable to her, and, if the Governor-General so directs, shall lapse:

Bankruptcy of widow.

Provided that, if and so long as the Governor-General shall not have directed that the pension shall lapse, the Governor may, during the remainder of her life, or during such shorter period or periods, either continuous or discontinuous, as he shall think fit, from time to time, pay an allowance at a rate not exceeding the rate of such pension to such widow or to any child or children of her marriage to the contributor, or in part to the widow and in part to any such child or children; and where the amount of the allowance so paid is less than the amount of the pension the Governor-General may give directions for increasing, in consequence of the reduction under this section of the amount payable out of the fund, the pension payable to any child of any other marriage of the contributor, and such pension shall be increased accordingly.

29. (1) No widow of a contributor whose marriage with him is contracted after he has either attained the age of sixty years or left the public service and no issue of such marriage shall constitute a beneficiary for the purposes of this Act or become entitled to pension.

Certain persons not entitled to pensions.

(2) Where a contributor dies within twelve months of his marriage and there is no issue of such marriage, his widow shall not constitute a beneficiary for the purposes of, or become entitled to any pension under this Act.

30. (1) A child adopted by a contributor while he is married to any wife shall, for the purpose of this Act, be deemed to be the child of the contributor by that marriage if-

Adopted children.

(a)
the contributor adopted the child before he retired from the public service;
(b)
the contributor was under the age of sixty at the time of the adoption; and
(c)
the adoption was in accordance with the law of the place where the contributor was resident at the time of the adoption.

(2) The child of a contributor who is adopted by any other person-

(a)
in the lifetime of the contributor, or while a pension is being paid under this Act to the mother of that child, shall be deemed, for the purpose of this Act, to have died at the date of the adoption;
(b)
after the death of the contributor shall, if he is being paid a pension or share of a pension under this Act, continue to be paid such pension or such share.

(3) Nothing in this section shall entitle an adopted child to be paid a pension or a share in any pension where the payment to him of such pension or such share would diminish the pension or the share of any pension immediately payable or being paid at the date on which this section comes into operation to the widow or to any child or children by marriage of the contributor.

31. If the Minister is satisfied that the widow of a contributor while in receipt of a pension has deserted or abandoned or has failed or is failing to maintain or assist, so far as her means allow, a child of her marriage with the contributor, being a child whom she is bound by law to maintain and who is of pensionable age, the Minister may in his uncontrolled discretion, while such child remains of pensionable age, pay or cause to be paid to such child such portion of the pension as he may think fit and the widow shall have no further claim in respect of any portion of the pensions so paid.

Failure to maintain child.

32. Any pension or part of a pension or any allowance payable under or by virtue of this Act to a minor, and any allowance payable by virtue of this Act to a widow, may, as the Minister in his uncontrolled discretion from time to time determine, be paid either-

Payment of minors' pensions and widows' allowances.

(a)
to such minor or widow; or
(b)
to such person or persons as the Minister may think fit, for, or to be applied for, the maintenance, support, or benefit of the minor or widow.

33. The Minister may require such proof as he considers desirable that any person who claims to be entitled to pension, or on behalf of whom such a claim is made, is alive and entitled to pension, and the payment of any pension may be refused until such proof is furnished to the satisfaction of the Minister.

Proof of claim to pension

34. In exercise of his powers under the provisions of section 6 or 28 of the Act the Governor-General shall act in accordance with paragraph (2) of Article 123 of the Constitution.

Governor-General's powers.

PART VII
MISCELLANEOUS

35. Except as expressly provided in this Act no pension payable, and no rights of any contributor, under this Act shall be assignable or transferable or liable to be attached, sequestered or levied upon for, or in respect of, any debt or claim whatsoever:

Pension not to be assigned or levied upon.

Provided that any contribution or other sum due to the fund from a contributor or deceased contributor may be deducted from any amount payable out of the fund to or in respect of such contributor; and any sum due to the fund from a widow or child of a contributor may be deducted from any pension or allowance payable to or on behalf of such widow or child by virtue of this Act.

36. For the payment of contributions, pensions and all other sums under this Act the rate or rates of exchange, in all cases where conversion is necessary, shall be such as may be determined from time to time by the Minister for the purpose.

Rates of exchange.

37. All questions and disputes as to who is entitled to be regarded as a contributor, or as to the right of a widow or child to a pension, or as to the amount of such pension, or as to the rights or liabilities of any person under this Act, shall be determined by the Minister whose decision shall be binding and conclusive on all parties, shall be final to all intents and purposes, and shall not be subject to appeal or be called in question by or before any court.

Questions and disputes to be decided by the Minister.

38. The Minister may make rules for the carrying out of the provisions of this Act.

Rules.

39. Notwithstanding anything to the contrary, and, in particular, notwithstanding the omission of section 37 of The Widows' and Orphans' Pension Act (contained in Chapter 370 of the Statute Law of the Bahama Islands, Revised Edition 1957) from the said Act as revised in Chapter 321 of the Statute Law of the Bahama Islands, Revised Edition 1965, the last sentence of the said section 37 shall be deemed never to have been omitted, and every premium advanced by the Treasurer in respect of a policy of life insurance assigned by the Treasurer to an officer and recovered from an officer's salary by the Treasurer in the purported exercise of the power conferred by the said sentence shall be deemed to have been validly and properly advanced and recovered.

Validation of certain payments on behalf of officers by the Treasurer etc.

SCHEDULE A (Section 23)

The yearly pension, payable by monthly instalments, which a single payment of 1 month's instalment will secure.

Age of husband
last Birthday

Age of wife last birthday

15

20

25

30

35

40

45

50

55

60

65

70

75

80

15

.521

.581

.672

.784

.923

1.106

16

.485

.550

.636

.743

.874

1.046

17

.460

.521

.602

.703

.826

.988

18

.436

.493

.569

.664

.779

19

.413

.466

.537

.626

.734

.878

20

.392

.441

.506

.589

.691

.826

1.002

1

.372

.417

.476

.552

.649

.775

.935

2

.353

.394

.450

.521

.610

.730

.877

3

.335

.373

.426

.490

.575

.690

.826

4

.318

.356

.403

.463

.543

.649

.781

25

.302

.337

.382

.435

.514

.612

.734

.893

6

.287

.321

.362

.414

.488

.578

.694

.847

7

.275

.305

.342

.394

.461

.547

.658

.800

8

.261

.289

.326

.372

.437

.517

.624

.758

9

.250

.276

.310

.354

.412

.490

.592

.719

30

.240

.264

.295

.337

.392

.464

.562

.680

.847

1

.230

.252

.281

.321

.373

.442

.533

.645

.806

2

.221

.241

.269

.306

.352

.417

.505

.613

.763

3

.212

.230

.257

.291

.334

.395

.479

.585

.725

4

.203

.220

.245

.276

.318

.376

.454

.556

.690

35

.194

.211

.234

.262

303

.358

.431

.523

.659

.833

6

.186

.202

.224

.250

.287

.340

.409

.502

.624

.794

7

.179

.194

.214

.239

.273

.324

.388

.477

.595

.758

8

.172

.186

.205

.228

.260

.306

.368

.453

.568

.725

9

.166

.179

.196

.218

.248

.292

.350

.430

.541

.690

40

.160

.172

.187

.209

.238

.278

.333

.408

.514

.659

.862

1

.154

.166

.179

.200

.228

.265

.315

.388

.491

.629

.826

2

.149

.160

.172

.192

.218

.252

.300

.369

.465

.599

.788

3

.144

.154

.165

.184

.208

.241

.286

.351

.442

.571

.752

4

.139

.148

.159

.176

.199

.230

.272

.334

.420

.546

.720

45

.134

.142

.153

.168

.190

.219

.260

.317

.401

.520

.685

.934

6

.129

.137

.147

.161

.182

.209

.247

.301

.381

.496

.654

.901

7

.124

.132

.142

.155

.174

.200

.235

.286

.361

.473

.625

.870

8

.120

.127

.137

.149

.167

.191

.224

.272

.345

.448

.599

.833

9

.116

.123

.132

.143

.160

.182

.214

.260

.328

.428

.572

.800

50

.112

.119

.127

.138

.153

.174

.204

.248

.312

.406

.546

.763

1.087

1

.108

.115

.123

.133

.147

.167

.194

.236

.297

.385

.521

.731

1.053

2

.105

.111

.119

.128

.141

.160

.185

.225

.282

.365

.496

.699

1.010

3

.102

.107

.115

.123

.135

.153

.177

.214

.267

.346

.472

.667

.970

4

.099

.103

.111

.118

.130

.146

.169

.203

.253

.328

.448

.636

.934

55

.096

.100

.107

.114

.125

.140

.162

.193

.239

.312

.425

.605

.901

1.370

6

.093

.097

.103

.110

.120

.134

.155

.184

.226

.296

.403

.575

.883

.1333

7

.090

.094

.100

.106

.116

.129

.149

.175

.216

.280

.379

.543

.826

1.299

8

.093

.091

.097

.102

.112

.124

.143

.167

.203

.265

.360

.513

.788

1.266

9

.086

.088

.094

.99

.108

.120

.137

.160

.193

.250

.339

.485

.752

1.220

SCHEDULE B (Section 23)

The yearly pension, payable by monthly instalments, which a yearly contribution of 1, payable by monthly instalments until the attainment of age 60, will secure

Age of husband
last Birthday

Age of wife last birthday

15

20

25

30

35

40

45

50

55

60

65

70

75

80

15

10.24

11.74

13.57

15.84

18.04

22.34

16

9.70

11.01

12.73

14.87

17.49

20.93

17

9.11

10.32

11.93

13.93

16.36

19.57

18

8.55

9.66

11.15

13.01

15.27

18.27

19

8.01

9.04

10.41

12.14

14.23

17.09