Protection of pension rights
103.1
Subject to the provisions of section 104, the law applicable to the grant and
payment to any officer , or to his window, children, dependants or personal
representatives, of any pension, compensation, gratuity or other like allowance
(in this section and section 104 referred to as an "award") in respect of the
service of that officer in a public office shall be that in force on the
relevant date or any later law that is not less favorable to that
person.
103.1
In subsection (1) "the relevant date" means -
-
in relation to an award granted before 30th November 1966, the date on
which the award was granted;
-
in relation to an award granted or to be granted on or after 30th November
1966 to or in respect of any person who was a public officer before that date,
29th November 1966;
-
in relation to an award granted or to be granted to or in respect of any
person who becomes a public officer on or after 30th November 1966, the date
on which he becomes a public officer.
Back to Index
103.3
Where a person is entitled to exercise an option as to which of two or more
laws shall apply in his case, the law specified by him in exer
103.4
Awards granted under any law in respect of service in a public office (not
being awards that are a charge upon some other public fund of Barbados) are
hereby charged on the Consolidated Fund.
103.5
For the purposes of this section and of section 104, service as a Judge shall
be deemed to be service in the public service.
Back to Index
Grant and withholding of pensions, etc.
104.1
The power to grant any award under any pensions law for the time being in
force in Barbados (other than an award to which, under that law, the person to
whom it is payable is entitled as of right) and, in accordance with any
provisions in that behalf contained in any such law, to withhold, reduce in
amount or suspend any award payable under any such law is hereby vested in the
Governor General.
104.2
Subject to the provisions of subsections (5) and (6), the power vested in the
Governor General by subsection (1) shall be exercised by him on the
recommendation of the appropriate Service Commission.
104.3
The appropriate Service Commission shall not recommend to the Governor
General that any award for which a person who holds or has held the office of a
Judge, Director of Public Prosecutions or Auditor General is eligible shall not
be granted, or that any award payable to him shall be withheld, reduced in
amount or suspended, on the ground that he has been guilty of misbehavior unless
he has been removed from office by reason of such misbehavior.
Back to Index
104.4
In this section "the appropriate Service Commission" means -
-
in the case of an award that may be granted or is payable to a person who,
having been a public office, was immediately before the date on which he
ceased to hold public office serving -
-
as a Judge;
-
as the Director of Public Prosecutions;
-
in any office to which section 93 applies as respects power to remove and
exercise disciplinary control over any person holding or acting in that
office ar the date of the exercise of the power vested as aforesaid.
the Judicial and Legal Service Commission.
-
in the case of an award that may be granted or is payable to a person who,
having been a public officer, was immediately before the date on which he
ceased to hold public office, serving as a member of the Police Force, the
Police Service Commission.
-
in any other case the Public Service Commission.
104.5
Where the appropriate Service Commission makes a recommendation to the
Governor General under this section that any award that may be granted under any
pensions law in respect of the service in a public office of any person should
not be granted, or that any award payable under any such law in respect of such
service should be withheld, reduced in amount or suspended, the Governor General
shall inform the person concerned or his personal representatives of that
recommendation, and if that person then applies, or, as the case may be, his
personal representatives then apply, for the case to be referred to the Privy
Council, the Governor General shall refer the case to the Privy Council
accordingly.
104.6
When a reference is made to the Privy Council under the provisions of
subsection (5), the Privy Council shall consider the case and shall advise the
Governor General whether the recommendation of the appropriate Service
Commission should be affirmed, reversed or modified, and the Governor General
shall then act in accordance with that advice.
104.7
In this section "pensions law" means any law relating to the grant to any
person or to the widow, children, dependants or personal representatives of that
person, of an award for any pension, compensation, gratuity or other like
allowance in respect of the service of that person in a public
office.
Back to Index |