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.
ANTIGUA
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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.
ANTIGUA
AND
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.
