Barbuda Council Pension Act, 2007

Link to law: http://laws.gov.ag/acts/2007/a2007-8.pdf

RBUDA COUNCIL PENSION ACT, 2007.
No. 8 of 2007

[ Printed in the Official Gazette Vol. XXVII No.73
dated 25th October, 2007. ]

________
Printed at the Government Printing Office, Antigua and Barbuda,

by Eric T. Bennett, Government Printer
— By Authority, 2007.

800—10.07 [ Price$3.65 ]

The Barbuda Council Pension Act, 2007. No. 8 of 2007

The Barbuda Council Pension Act, 2007.No. 8 of 2007

THE BARBUDA COUNCIL PENSION ACT, 2007

ARRANGEMENT

Sections

1. Short title.

2. Interpretation

3. Pension to be charged on Consolidated Fund.

4. Pension or gratuity not as of right.

5. Circumstances in which pension or gratuity may be granted.

6. Pension how paid and maximum pension.

7. Pension how granted and rate.

8. Gratuity and reduced pension.

9. Gratuities for members and employees of not less than six
years standing.

10. Gratuity to personal representative.

11. How weekly wage ascertained in certain cases.

12. Suspension of pension on re-employment.

13. Application of Act.

The Barbuda Council Pension Act, 2007. No. 8 of 2007

The Barbuda Council Pension Act, 2007.No. 8 of 2007

I Assent,
Louise Lake-Tack,

Governor-General.


8th October, 2007.

ANTIGUA AND BARBUDA

THE BARBUDA COUNCIL PENSION ACT, 2007

No. 8 of 2007

AN ACT to allow for the payment of pensions and gratuities to members and employees of the
Barbuda Council and for incidental and connected purposes.

ENACTED by the Parliament of Antigua and Barbuda as follows:

1. Short title

This Act may be cited as the Barbuda Council Pension Act, 2007.

2. Interpretation

In this Act—

“employee” means a person employed by the Barbuda Council on a week to week or month to
month basis whose wage or salary is paid from or out of a vote in the Estimates of the Local
Council;

“Consolidated Fund” means the Consolidated Fund for which provision is made in Chapter
VI of the Constitution;

“Council” means the Barbuda Council established under the provisions of section 3 of the
Barbuda Local Government Act, Cap. 44; and

“member” means a member of the Barbuda Council other than a member who is also a member

The Barbuda Council Pension Act, 2007. No. 8 of 2007

infirmity of mind or body of continuing as a member or as an employee and has been in
the service of the Council for at least ten years.

(3) A person who has not retired after having attained the age of fifty-five years shall not receive
a pension until his compulsory retirement on attaining the age of sixty years.

(4) For the purpose of this section a person shall be considered to have served as a member of the
Council if he was a member of the Council on or after the 23rd day of December, 1976.

6. Pension how paid and maximum pension

A pension granted to a member or an employee under this Act shall be paid monthly in arrears and
shall not exceed an amount equal to two and two-thirds times his weekly wage or two-thirds of his
monthly salary, received at the time of his retirement.

7. Pension how granted and rate

(1) Subject to this Act, a member or employee of the Barbuda Council may be granted, on retire-
ment, a pension at the annual rate of one-fiftieth of fifty-two times his weekly wage at the time of
his retirement for each complete year of his employment if:

(a) the member has been a member for a continuous period of eight or more years or for
periods amounting in the aggregate to eight or more years; or

(b) the employee has been an employee of the Barbuda Council for a continuous period of
ten or more years or for periods amounting in the aggregate to ten or more years.

(2) In this section —

(a) for the purpose of computing the continuous period, “year” means a calendar year;

(b) for the purpose of computing the periods amounting in the aggregate to eight or ten years,
“year” means every fifty-two weeks, whether continuous or not; or

(c) a portion of a year exceeding twenty-six weeks, whether continuous or not, is considered
to be a year for the purposes of paragraph (b) in respect of —

(i) a member who has been a member for eight or more years, whether continuous or
not; and

(ii) an employee who has been an employee of the Barbuda Council for ten or more
years, whether continues or not.

8. Gratuity and reduced pension

The Barbuda Council Pension Act, 2007.No. 8 of 2007

of the House of Representatives or the Senate.

3. Pension to be charged on the Consolidated Fund

There shall be charged on and paid out of the Consolidated Fund all sums of money as may from
time to time be granted by way of pension or gratuity under this Act.

4. Pension or gratuity not as of right

(1) A member or an employee shall not have the absolute right to compensation for past services
or to pension or gratuity under this Act.

(2) Where it is established to the satisfaction of the Cabinet that a member or an employee has
been guilty of negligence, irregularity or misconduct, the pension or gratuity may be reduced or
altogether withheld.

5. Circumstances in which pension or gratuity may be granted

(1) A pension shall be paid to a person who—

(a) has served in the Council as an elected member for a period equal in the aggregate to not
less than 8 years;

(b) has ceased to be a member of the Council; and

(c) either—

(i) has attained the age of fifty-five years and retires at that age; or

(ii) produces medical evidence by two medical practitioners registered in accordance
with the provisions of the Antigua and Barbuda Medical Act, Cap. 269, to the
satisfaction of the Cabinet that he is incapable by reason of infirmity of mind or
body of discharging his duties as a member of the Council and that such infirmity
is likely to be permanent.

(2) Pension or gratuity shall be granted under this Act to an employee on retirement from the
Council’s employment in any one of the following circumstances—

(a) after having attained the age of fifty-five years and retires at that age;

(b) on his compulsory retirement on attaining the age of sixty years;
(c) on medical evidence to the satisfaction of the Cabinet that he is incapable by reason of

The Barbuda Council Pension Act, 2007. No. 8 of 2007

A member or an employee to whom a pension is granted under this Act may, at the discretion of the
Cabinet, be paid in lieu of that pension, a monthly pension at the rate of three fourths of that pension,
together with a gratuity equal to one hundred and fifty times the amount of the reduction so made.

9. Gratuity for members or employees of not less than six years standing

(1) An employee may, if he has been employed by the Council for a continuous period of not less
than six years, or for periods amounting in the aggregate to not less than six years, and has retired in
one of the circumstances mentioned in section 5, be granted, if the Cabinet thinks fit, a compassionate
gratuity of two week’s pay at the time of his retirement for each complete year of his employment.

(2) A member may, if he has been a member of the Council for a continuous period of not less
than six years, or for periods amounting in the aggregate to not less than six years, and has retired
from membership of the Council in one of the circumstances mentioned in section 5, be granted, if
the Cabinet thinks fit, a compassionate gratuity of one month’s pay at the time of his retirement for
each complete year of his employment.

(3) The provisions of subsections (2) and (3) of section 7 shall apply to this section as though a
reference to eight or ten or more years in those subsections were a reference to six or more years
respectively.

10. Gratuity to personal representative

There shall be paid to the personal representative of—

(a) a member who dies whilst being a member of the Council; or

(b) an employee who dies whilst employed by the Council;

a gratuity equivalent to fifty-two weeks’ wages of the member or the employee.

11. How weekly wage ascertained in certain cases

For the purpose of granting a pension or gratuity under sections 7, 9 or 10 where a member or an
employee is in receipt of a monthly salary, his weekly wage shall be considered to be one-fourth of
his monthly salary.

12. Suspension of pension on re-employment

If a member or an employee to whom a pension has been granted under this Act is employed by the
Government or re-employed by the Council, the payment of his pension may, if the Cabinet thinks
fit, be suspended during the period of his employment or re-employment.
13. Application of Act

The Barbuda Council Pension Act, 2007.No. 8 of 2007

(1) The provisions of this Act shall apply to—

(a) a member who—

(i) is first a member with the Council after the commencement of this Act;

(ii) is a member of the Council at the commencement of this Act or within six months
before or after the commencement of this Act and continues to be a member after
the commencement of this Act; and

(b) an employee who—

(i) is first employed by the Council after the commencement of this Act;

(ii) is employed by the Council at the commencement of this Act or within six months
before or after the commencement of this Act and continues to be employed after
the commencement of this Act.

(2) Notwithstanding the provisions of this Act, the Cabinet may apply the provisions of this Act
to any former member or employee of the Council who ceased to be a member or an employee of
the Council in any of the circumstances mentioned in section 5.

Passed by the Senate on this 16th day
of August, 2007.

Hazlyn M. Francis,
President.

Yvonne Henry,
Clerk to the Senate.

Passed by the House of Representatives on
this 24th day of July, 2007.


D. Giselle Isaac-Arrindell,
Speaker.

Yvonne Henry,
Clerk to the House of Representatives.

The Barbuda Council Pension Act, 2007. No. 8 of 2007
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