Caribbean Community (Movement of Factors) Act 2006

Link to law: http://laws.gov.ag/acts/2006/a2006-16.pdf

The Governor-General's Emoluments and Pension Act, 2006.pmd
ANTIGUA

AND

BARBUDA

No. 16 of 2006. 1The Governor-General’s Emoluments

and Pension Act, 2006.

ANTIGUA AND BARBUDA

No. 16 of 2006

AN ACT to provide for the emoluments, pensions, benefits

and privileges attached to the office of Governor-General.

[ Published in the Official Gazette Vol. XXVI

No. 74 dated 14th December, 2006. ]

ENACTED by the Parliament of Antigua and Barbuda as

follows:

1. This Act may be cited as the Governor-General’s

Emoluments and Pension Act, 2006.

2. In this Act—

“Acting Governor-General” means any person who

performs the functions of the office of Governor-General

under section 23 of the Constitution; and

“service in the Permanent Civil Service” means service in

respect of which a pension may be granted under the

Pensions Act (Cap. 311).

3. (1) The emoluments appertaining to the office of Governor-

General shall be the emoluments specified in paragraphs 1, 2 and

3 of Part 1 of the Schedule and shall be paid in equal monthly

instalments in arrears.

Short title.

Interpretation.

Emoluments,

benefits and

privileges of

Governor-

General

Cap. 311.ap

[ L.S. ]

I Assent,

James B. Carlisle,

Governor-General.

17th November, 2006.

ANTIGUA

AND

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No. 16 of 2006.2 The Governor-General’s Emoluments

and Pension Act, 2006.

(2) A person who holds the office of Governor-General shall

be entitled to the benefits and privileges specified in paragraph

4 of Part 1 of the Schedule for so long as he holds the office.

4. (1) The Governor-General shall—

(a) in respect of any period during which he is absent

from Antigua and Barbuda for the purposes of

performing any of the functions of his office, receive

the full emoluments appertaining to his office; and

(b) in respect of any period during which he is absent

on leave or is unable to perform the functions of his

office, receive the salary appertaining to his office,

but shall not receive the allowances specified in

paragraphs 2 and 3 of Part 1 of the Schedule.

(2) The Governor-General shall not, for the purposes of this

section, be regarded as unable to perform the functions of his

office—

(a) by reason only that he is in passage from one part of

Antigua and Barbuda to another; or

(b) where he has appointed a deputy to perform any of

the functions of the office of Governor-General under

section 25 of the Constitution and such appointment

is subsisting.

5. (1) Subject to the provisions of subsection (2), an Acting

Governor-General shall, in respect of the period during which he

discharges the functions of the office of Governor-General,

receive the emoluments specified in paragraphs 1, 2 and 3 of Part

1 of the Schedule.

(2) Where an Acting Governor-General, in respect of any

period during which he discharges the functions of the office of

Governor-General, receives salary defrayed from the

Consolidated Fund in respect of any other office, his emoluments

under subsection (1) in respect of such period shall be abated to

the extent of the salary so received.

6. (1) Subject to section 8 there shall be granted to a person

who has held the office of Governor-General, with effect from

Emoluments of

Acting

Governor-

General.

Emoluments

during absence,

leave and

incapacity.

Pension granted.

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No. 16 of 2006. 3The Governor-General’s Emoluments

and Pension Act, 2006.

the date on which he ceases to hold that office a pension at the

rate specified in paragraphs 1, 2 or 3 of Part 2 of the Schedule, as

appropriate.

(2) A person who has held the office of Governor-General,

with effect from the date on which he ceases to hold that office,

shall be entitled to receive the benefits and privileges specified

in paragraphs 4 and 5 of Part 2 of the Schedule.

(3) The pension payable under subsection (1) or section 8

shall be paid in equal monthly instalments in arrears.

7. (1) If a person who holds the office of Governor-General so

elects within three months before the ceases to hold office, there

shall be granted to him, instead of a full annual pension under

section 6, a reduced annual pension at the rate of three-quaters

of his full annual pension and a gratuity of twelve and one-half

times the amount of the reduction so made in the full annual

pension.

(2) The gratuity referred to in subsection (1) shall be due and

payable on the date on which the person entitled to the gratuity

ceases to be Governor-General.

8. Where a person who has held the office of Governor-

General has, immediately preceding his appointment to that office,

been in service in the Permanent Civil Service and the pension in

respect of that service is not in payment, he may opt—

(a) to receive a pension under section 6, if he is so

entitled; or

(b) to treat his service in the office of Governor-General

as service in the Permanent Civil Service and to

receive a pension, or reduced pension and gratuity,

or any applicable gratuity under the Pensions Act

(Cap. 311) if the length of his joint service in the

office of Governor-General and his service in the

Permanent Civil Service qualifies him for a pension

under that Act,

and he shall be granted a pension under section 6 or a pension

or reduced pension and gratuity or other gratuity under the

Pensions Act as he so opts.

Reckoning of

Governor-

General’s service

for pension in

certain cases.

Gratuity to Gov-

ernor-General..

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No. 16 of 2006.4 The Governor-General’s Emoluments

and Pension Act, 2006.

9. Where a person dies while he is Governor-General, there

shall be granted to his legal personal representative a gratuity of

an amount not exceeding his annual salary at the date of his

death.

10. A person who has a pension in payment in respect of

service in the Permanent Civil Service shall be entitled to receive

that pension during such time that—

(a) he holds the office of Governor-General; or

(b) having held the office of Governor-General, he is

entitled to receive a pension under this Act.

11. (1) Where a person dies—

(a) while he is Governor-General; or

(b) while he is entitled to receive a pension payable
under this Act to a person who has ceased to be
Governor-General,

and leaves a widow, the widow shall, subject to subsection (3),

be paid a pension at the rate specified in paragraph 1 of part 3 of

the Schedule which shall be paid in equal monthly instalments

in arrears.

(2) A person who receives a pension under subsection (1)

shall, during the period of payment of that pension, also be

provided by the Government with the benefits and privileges

specified in paragraph 2 of Part 3 of the Schedule.

(3) A widow mentioned in this section shall not be entitled to

receive and shall not be paid a pension under this section for

any period after re-marriage and on re-marriage shall cease to be

entitled to, and shall not be provided with, any of the privileges

and benefits under subsection (2).

(4) For the purposes of this section “widow” includes

“widower.

12. The emoluments of the Governor-General, and all pensions,

gratuities, privileges and benefits under this Act shall be charged

on the Consolidated Fund and paid thereout.

Gratuity where

Governor-

General dies

while holding

office.

Other pensions.

Widow’s

pension.

Emoluments,

pensions, etc.

charged on

Consolidated

Fund.

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No. 16 of 2006. 5The Governor-General’s Emoluments

and Pension Act, 2006.

13. (1) The Attorney-General may, by regulations amend the

provisions of the Schedule to increase the emoluments, pensions,

benefits and privileges payable to the Governor-General and his

widow.

(2) Regulations made under this section shall be subject to

affirmative resolution of the House.

14. The Personal Income Tax Act, 2005 is amended in section

9(2) by adding at the end the following paragraph—

“(k) the emoluments and gratuities payable to the

Governor-General and the pensions payable to the

Governor-General and his widow under sections 3,

6, 7, 9 and 11 of the Governor-General’s Emoluments

and Pension Act, 2006.”.

15. The person holding the office of Governor-General at the

date of coming into force of this Act shall receive the emoluments,

benefits and privileges specified in Part 1 of the Schedule and, in

addition, shall receive—

(a) on reaching the fifteenth anniversary of his

appointment, the gratuity to which he would have

been entitled under section 6 of the Governor and

Governor-General’s Emoluments and Pension Act

(Cap. 195); or

(b) on ceasing to hold office before the fifteenth

anniversary of his appointment, in addition to the

pension, benefits and privileges specified in Part 2

of the Schedule, that proportion of the gratuity

referred to in section 6 of the Governor and Governor-

General’s Emoluments and Pension Act (Cap.195)

which the period over which he has held office bears

to 15 years; and

(c) in addition to the exemption from customs duty

referred to in paragraph 4(b) of the Schedule, the

allowance payable under paragraph 3 of the

Schedule to the Governor and Governor-General’s

Emoluments and Pension Act (Cap) 195), payable

monthly in arrears.

Amendment of

the Personal

Income Tax Act,

2005.

Regulations.

Transitional.

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BARBUDA

No. 16 of 2006.6 The Governor-General’s Emoluments

and Pension Act, 2006.

16. The Governor and Governor-General’s Emoluments and

Pension Act (Cap. 195) is repealed.

SCHEDULE

Benefits, Privileges and rates of Salary, Allowances

and Pensions

PART 1 – Governor-General

1. A salary at the rate of $184,140 per annum with effect from

the 1st January 2006.

2. A Duty Allowance at the rate of $36,000 per annum.

3. Where the Governor-General does not live in government-

owned premises, a housing allowance of $96,000 per annum.

4. The following benefits and privileges—

(a) exemption from the levies or contributions payable

under—

(i) section 13 of the Board of Education Act, 1994;

(ii) section 21 of the Social Security Act (Cap.

408); and

(iii) section 3 of the Medical Benefits Act (Cap.

271),

insofar as they relate to the salary and duty allowance payable

to the Governor-General under this Act;

(b) exemption from customs duty payable on goods

imported only for the Governor-General’s personal

use at his main personal residence;

(c) where the Governor-General does not live in

government-owned premises—

(i) exemption from property tax payable under

Part II of the Property Tax Act, 2000; and

11 of 1994.

Cap. 408.

Cap. 271.

15 of 2000.

Sections 3, 4, 5,

6 and 11.

Repeal of Cap.

195.

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No. 16 of 2006. 7The Governor-General’s Emoluments

and Pension Act, 2006.

(ii) reimbursement by the Government of the cost

of water and electricity supplied,

in respect of the Governor-General’s main personal

residence; and

(d) reimbursement by the Government of the cost of

local telephone calls.

PART 2 – Retired Governor-General

1. In the case of a Governor-General who held that office for

eight consecutive years or more, an annual pension equivalent

to his annual salary at the date of his ceasing to hold office.

2. In the case of a Governor-General who held that office for

four consecutive years or more but less than eight consecutive

years, an annual pension equivalent to two-thirds of his annual

salary at the date of his ceasing to hold office.

3. In the case of a Governor-General who held that office for

less than four consecutive years, an annual pension based upon

the proportion of the amount he would have received as pension

if he had held that office for four consecutive years or more, but

less than eight consecutive years that the period for which he in

fact held office bears to such period of four years.

4. The following benefits and privileges—

(a) exemption from the levies or contributions payable

under—

(i) section 13 of the Board of Education Act, 1994;

(ii) section 21 of the Social Security Act (Cap.

408); and

(iii) section 3 of the Medical Benefits Act (Cap.

271),

insofar as they relate to the pension payable to him

under this Act;

11 of 1994.

Cap. 408.

Cap. 271.

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No. 16 of 2006.8 The Governor-General’s Emoluments

and Pension Act, 2006.

(b) exemption from liability to customs duty payable on

goods imported only for his personal use at his main

personal residence up to a maximum of $15,000 in

each year starting on the 1 January;

(c) reimbursement by the Government of the cost of

water and electricity supplied in respect of his main

personal residence; and

(d) reimbursement by the Government of the cost of

local telephone calls.

5. The following additional benefits and privileges—

(a) provision by the Government of a secretary and a

housekeeper,

(b) provision by the Government of a chauffeur and a

motor car—

(i) of a make and model; and

(ii) which shall be replaced at periods,

to be specified by the Cabinet; and

(c) provision by the Government, if he requires, of police

security to such level as may be specified by the

Cabinet after consultation with the Commissioner

of Police.

Part 3 – Governor-General’s Widow

1. An annual pension at a rate equivalent to two-thirds of the

rate of pension payable to the spouse of the widow under sections

6,7 and 8.

2. The following benefits and privileges—

(a) provision by the Government of a household helper;

(b) provision by the Government of a chauffeur and a

motor car—

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No. 16 of 2006. 9The Governor-General’s Emoluments

and Pension Act, 2006.

(i) of a make and model; and

(ii) which shall be replaced at periods,

to be specified by the Cabinet; and

(c) exemption from liability to customs duty payable on

goods imported only for his or her personal use at

his or her main personal residence up to a maximum

of $10,000 in each year starting on the 1 January.

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

by Eric T. Bennett, Government Printer

—By Authority, 2006.

800—12.06 [ Price $4.00 ]

Passed by the House of Representatives

this 11th day of September, 2006.

D. Giselle Isaac-Arrindell,

Speaker.

Yvonne Henry,

Clerk to the House of Representatives.

Passed by the Senate this

12th day of October, 2006.

Hazlyn M. Francis,

President.

Yvonne Henry,

Clerk to the Senate.

ANTIGUA AND BARBUDA

THE GOVERNOR-GENERAL’S

EMOLUMENTS AND PENSION ACT, 2006

ARRANGEMENT OF SECTIONS

Sections

1. Short title.

2. Interpretation.

3. Emoluments, benefits and privileges of Governor-General.

4. Emoluments during absence, leave and incapacity.

5. Emoluments of Acting Governor-General.

6. Pension granted.

7. Gratuity to Governor-General.

8. Reckoning of Governor-General’s service for pension in certain cases.

9. Gratuity where Governor-General dies while holding office.

10. Other pensions.

11. Widow’s pension.

12. Emoluments, pensions, etc. charged on Consolidated Fund.

13. Regulations.

14. Amendment of the Personal Income Tax Act, 2005.

15. Transitional

16. Repeal of Cap. 195.

SCHEDULE

Benefits, Privileges and Rates of Salary, Allowances and Pensions.
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