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

"beneficiary" means-

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.

(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;

(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.

(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.

(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.

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.

(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.

(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.

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.

(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.

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

(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.

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.

INSTRUCTIONS FOR THE USE OF THE PENSIONS TABLES

In these notes "contributions" means the combined contributions of the Government and the officer.

The tables in Schedules A, B and C and the instructions in this Schedule shall apply-

The instructions in Schedule E shall apply to all pensions registered in respect of officers who were contributors on the 31st October, 1967 and who continued to contribute thereafter.

Rule I(a). Accumulate the contributions at 3 per cent compound interest with yearly rests at each 31st December, and multiply the result by the quantity found from Table A corresponding to the respective ages last birthday of the husband and wife at the date of marriage.

The product gives the registered pension on account of the contributions paid during bachelorhood.

Rule I(b). Multiply the amount of the annual contribution by the quantity found from Table B corresponding to the respective ages last birthday of the husband and wife at the date of marriage.

The product gives the registered pension on account of the annual contribution at the date of marriage.

Rule I(c). Multiply the amount of the increment to, or the decrement from, the annual contribution by the quantity found from Table B corresponding to the respective ages last birthday of husband and wife at the date of the variation of the contribution.

The product gives the amount to be added to the registered pension consequent on the increment to the annual contribution, or, as the case may be, the amount to be deducted from the registered pension consequent on the decrement from the annual contribution.

The cessation of the contribution, from any cause other than death, before the completion of the full period of contribution must be regarded as a decrement from the full period of contribution equal to the amount of such annual contribution.

Rule II(a). Assume that the contributor's last preceeding wife was alive at the date of the variation of the contribution, and proceed in accordance with Rule I(c).

Example of the application of Rule II(a):

If the particulars be as in the example subjoined to Rule I(c) except that the first wife, who was born on 5th September, 1950, died on 7th July, 1970, it would be assumed that the contributor was, at the date of each of the those variations of the contribution, married to wife who was born on the 5th September, 1950. The calculations will then be identical with those given in the example subjoined to Rule I(c).

If the second or subsequent wife was, at the date of the remarriage, of the same age last birthday as the last preceeding wife would have been had she survived, the registered pension remains the same.

Rule II(b). If the second or subsequent wife is younger or older than the last preceeding wife would have been had she survived, multiply the amount of the registered pension by the quantity found from Table C corresponding to the age last birthday of the husband at the date of re-marriage and the age last birthday which the last preceeding wife would have attained had she survived to that date; multiply the product so obtained by the quantity found from Table A corresponding to the respective ages last birthday of the husband and of the second or subsequent wife at the date of the re-marriage.

The result gives the registered pension to be recorded on the remarriage of the contributor.

11th January, 1983-the second wife being younger than the first wife would have been had she survived, the registered pension of $933.77 (See example subjoined to Rule I(c) has to be recalculated.)

Rule II(c). Proceed as in Rule I(c).

Rule III(a). Multiply the amount of the annual contribution; by the quantity found from Table B corresponding to the respective ages last birthday of the husband and wife at the date of commencement of contributions.

The product gives the registered pension on account of the annual contribution at the date of commencement of contributions.

Registered pension in consideration of annual contribution at commencement of contributions = 3.14 x $137.00 = $430.18

Rule III(b). Proceed as in Rule I(c)

Rule IV(a) Proceed as in Rule II(a).

Rule IV(b). Proceed as in Rule II(b).

Rule IV(c). Proceed as in Rule I(c).

Rule V. For the purpose of calculating the registered pension of the children, assume that the deceased wife lived until the date of commencement of contributions and died immediately afterwards and proceed in accordance with Rule III(a) and (b).

Rule VIII(b). If the contributor is married or a widower with children of a pensionable age, the amount of the lump sum contribution should be multiplied by the quantity found from Table A corresponding to the respective ages last birthday of the husband and wife at the date of payment of the contribution. If the contributor is a widower assume that the deceased wife lived until the date of payment of the lump sum contribution and died immediately afterwards.

For the intermediate ages of wives, interpolate by exact fifths.

Examples:

To find the quantity in Table A corresponding to the ages of a husband and wife aged respectively 27 and 26 last birthday.

The quantity for ages 27 and 25 given in Table A is .342

The quantity for ages 27 and 30 given in Table A is .394

The addition of five years to the age of the wife results, therefore, in an addition of .052 to the quantity given in the Table for ages 27 and 25.

An addition of one year to the age of the wife accordingly results, by proportion in an addition of one fifth of .052 to the quantity given in the Table for ages 27 and 25.

One fifth of .052 = .010. This figure added to .342 gives .352. .352 is, therefore, the required quantity corresponding to ages 27 and 26.

Similarly the quantity found from Table B corresponding to the ages of a husband and wife aged respectively 39 and 38 last birthday is three-fifths of .58 added to 3.27 which gives 3.62.

In the case of Table C, it must be noted that an addition to the age of the wife results in a deduction from the quantity given in the Table.

To find the quantity in Table C corresponding to the ages of a husband and wife aged respectively 35 to 34 last birthday.

The quantity for ages 35 and 30 given in Table C is 3.81

The quantity for ages 35 and 35 given in Table C is 3.30

The addition of five years to the age of the wife results, therefore, in a deduction of .51 from the quantity given in the Table for ages 35 and 30.

An addition of four years to the age of the wife accordingly results, by proportion, in a deduction of four-fifths of .51 from the quantity given in the Table for ages 35 and 30.

Four-fifths of .51 = .41. This figure deducted from 3.81 leaves 3.40. 3.40 is, therefore, the required quantity corresponding to ages 35 and 34.

INSTRUCTIONS FOR RECOMPUTING AND INCREASING REGISTERED PENSIONS OF OFFICERS WHO WERE CONTRIBUTORS ON THE 31ST OCTOBER, 1967, AND WHO CONTINUED TO BE CONTRIBUTORS THEREAFTER

The pension as at the 31st October, 1967, ("the original pension"), computed on the Tables and instructions in force on that date and registered in respect of each married or widowed officer who began to contribute before, and was still contributing on, the 1st day of November, 1967, shall be recompiled, and increased, as follows:

INSTRUCTIONS REGARDING THE CALCULATIONS REFERRED TO IN NOTE (1) OF THIS SCHEDULE

To compute Part X and Part Y.

If Part Y (old) is greater than Part Y (new), no adjustment is made.