Eastern Caribbean Supreme Court (Rate of Pension of Judges) Act

Link to law: http://laws.gov.ag/acts/chapters/cap-143A.pdf
Published: 1989

The Eastern Caribbean Supreme Court (CAP. 143A 1
(Rate of Pension of Judges)

CHAPTER 143A

THE EASTERN CARIBBEAN SUPREME COURT
(RATE OF PENSION OF JUDGES) ACT

Arrangement of Sections
Section

1. Short title and commencement.
2. Interpretation.
3. Rate of pension.
4. Reduced Pension.
5. Gratuity on death in office.
6. Widow's Pension.

THE EASTERN CARIBBEAN SUPREME COURT
(RATE O F PENSION O F JUDGES)

(1st July, 1989.) 611990.

1. This Act may be cited as the Eastern Caribbean short title and
commencement.

Supreme Court (Rate of Pension of Judges) Act and shall
be deemed to have come into operation on the 1st day of
July, 1989.

2. In this Act- Interpretation.

"Judge" means the Chief Justice, a Justice of Appeal
or a Puisne Judge of the High Court, as the case
may be.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 143A) The Eastern Caribbean Supreme Court
(Rate o f Pension o f Judges)

Rate of pension. 3. As from the date of the commencement hereof, the
pension payable to a Judge upon his retirement in pensionable
circumstances shall be computed as follows-

(a) In the case of the Chief Justice, if he has had
continuous service as a Judge for a period of not less
than ten years, at a rate equivalent to his full annual
pensionable emoluments at the date of his retirement.
In any other case, he shall receive a pension at a rate
equivalent to 3/4 of his full annual pensionable
emoluments;

(6) In the case of a Justice of Appeal, if he has had
continuous service as a Judge for a period of not less
than twelve years, at a rate equivalent to his full annual
pensionable emoluments at the date of his retirement.
In any other case, he shall receive a pension at a rate
equivalent to 3/4 of his full annual pensionable
emoluments;

(c) In the case of a Puisne Judge of the High Court,
if he has had continuous service as a Judge for a period
of not less than fifteen years, at a rate equivalent to his
full annual pensionable emoluments at the date of his
retirement. In any other case, he shall receive a pension
at a rate equivalent to 3/4 of his full annual pensionable
emoluments;

(d) Nothing contained in this Act shall operate to
prevent a Judge from opting to have his pension

Cap. 311. computed under the provisions of the Pensions Act, in
lieu of the provisions of this Act.

Reduced Pension. 4. A Judge upon retirement may opt to receive in lieu
of the full pension computed under this Act a reduced pension
at a rate equivalent to 3/4 of the full pension plus a gratuity
equal to 15 times f / 4 of the full pension.

Gratuity on
death in office.

5. Where a person dies while holding office as a Judge,
there shall be paid to his widow a gratuity of an amount
equivalent to the gratuity to which the person aforesaid had
the right to opt to receive on the assumption that he retired
at the date of his death, or one year's salary whichever is
greater. If he dies without leaving a widow, the sum ascer-
tained as above, shall be paid to his legal personal
representatives.

LAWS OF ANTIGUA AND BARBUDA

The Eastern Caribbean Supreme Court (CAP. 143A 3
(Rate o f Pension o f Judfes)

6. (1) Where a person dies while holding office as a
Judge, or while entitled to or in receipt of a pension under
this or any other Act, there shall be paid to his widow a
pension at a rate equivalent to (s) the annual pension to
which such person aforesaid was entitled, or was in receipt
of, provided that such pension shall cease in the event of
the remarriage of the widow.

(2) The provisions of this section shall apply to the
widows of all Judges who are surviving at the date of the
commencement of this Act. In addition, each such surviv-
ing widow shall be paid forthwith a gratuity equivalent to
one year's salary of which the Judge was in receipt at the
time of his death.

(3) A person who retires in circumstances other than
under the provisions of this Act, shall be entitled to have
his pension computed under the provisions of the Pensions Cap. 311.
Act.
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