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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| |