Overseas O f f e r s ' Pensions ( C A P . 303 1

CHAPTER 303

T H E OVERSEAS OFFICERS' PENSIONS ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3 . Agreement to have the force of law.
4. Pensions Act no longer applicable.

SCHEDULE.

OVERSEAS OFFICERS' PENSIONS

(9th October, 1976.)

1. This Act may be cited as the Overseas Officers' Short title,
Pensions Act.

2. In this Act- Interpretation,

"The Agreement" means the Agreement in the
Schedule to this Act.

3. The terms of the Agreement shall have the fbrce Agrecmcnt to
of law as if enacted in this Act. have the force of law.

4. From and after the appointed day, the ~rovisions Pensions Act no
longcr applicable. of the Pensions Act shall not apply to persons covered by

the Agreement and the provisions of that Act shall no longer cap . 311,
be binding on the Government in respect of such pensions.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 303) Overseas Officers' Pensions

SCHEDULE (Section 2)

Agreement Between the Government of the United Kingdom of Great Britain
and Northern Ireland and the Government of Antigua and Barbuda Concerning

Public Officers' Pensions.

The Government of the United Kingdom of Great Britain and Northern
Ireland and the Government of Antigua and Barbuda have agreed as follows:

Article 1

Interpretation. In this Agreement, except where the context otherwise requires:

(a) "actuary" means a Fellow of the Institute of Actuaries or Faculty
of Actuaries in Scotland;

(b) "the Antigua and Barbuda element" in relation to a pension (other
than compensation or interest thereon payable under the Antigua (Compen-
sation and Retiring Benefits) Order 1967) means:

(i) in respect of a pension arising from death resulting from an injury
on duty or from contracting a disease on duty, or a pension or
additional pension arising from such an injury or from such a disease,
being a pension which results from an occurrence during relevant
service, that proportion of the pension which the rate of the officer's
pensionable emoluments other than inducement allowance at the
date he received the injury or contracted the disease bears to the
rate of the officer's total pensionable emoluments at that date;

(ii) in the case of any other pension, that proportion of the pension
which the total pensionable emoluments other than inducement
allowance enjoyed by the officer during his relevant service bears
to the total pensionable emoluments enjoyed by him throughout
his public service under the Government of Antigua and Barbuda
which have been taken into account in determining the amount of
that pension;

(G) "the appointed day" means the day mutually arranged between the
Government of the United Kingdom and the Government of Antigua and
Barbuda.

(4 "inducement allowance" means any inducement allowance enjoyed
by an officer under the Overseas (Antigua) Agreement 1961, or any agree-
ment or arrangement amending or replacing the same;

(e ) "officer" means an officer to whom the Public Officers Agreement
between Her Majesty's Government in the United Kingdom and the Govern-
ment of Antigua and Barbuda signed at London on 23 February 1967 and
at Antigua and Barbuda on 25 February 1967 (hereinafter referred to as
"the Public Officers Agreement") applies or applied: or an officer who holds

LAWS OF ANTIGUA AND BARBUDA

Overseas Officers' Pensions (CAP. 303 3

or has held an office in the public services jointly of Antigua and Barbuda
and of one or more other countries or territories in the Windward Islands
or the Leeward Islands and for any part of whose pension the Government
of Antigua and Barbuda have accepted responsibility and to whotn that Agree-
ment would have applied under the pension laws and had he been appointed
to the public service of Antigua and Barbuda;

V) "other public Service" means public service not undcr the Govern-
ment of Antigua;

e) "pension" means any pension, gratuity, compensation and lntrrrrt
thereon, or any retiring allowance or other like benefit, or any incmaec of
pension, payable under the pensions laws by the Government, of Antigua
to or in respect of any officer;

(h) "pensionable emoluments"

(i) in respect of public service under the Government of Anti,pa and
Barbuda, includes

(a) salary;

(b) inducement allowance;

(c) personal allowance;

(d) house allowance; and

(e) in the case of a teacher includes any charge pay that may
be paid to such teacher when in charge of a Government elernen-
tary school but does not include duty allowance or entertainment
allowance or any other emoluments whatever;

(ii) in respect of other public service, means emolument^ which count
for pension in accordance with the laws or reguiatiot~a in force in
such services;

( t ] "pension laws" means:

(i) any law, regulation or administrative direction providing for the
payment of pensions to officers in respect of public rrervice and in
force in Antigua and Barbuda at any time prior t o 1st April 1991
and enacted prior to that date; and

(ii) the Antigua (Compensation and Retiring Benefits) Ordcr 1967; and
(iii) any other law, regulation or administrativc direction accepted I I ~

the Government of the United Kingdom and the Chvernmcnt of
Antigua and Barbuda for the purposes of this Agrremcrrr;

"public service" means:

(i) service in a civil capacity under the Government of Antigua and
Barbuda or any other country or territory in the Commonwealth:

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 303) Overseas Officers' Pensions

(ii) service under the East Africa High Commission, the East African
Common Services Organisation, the East African Posts and Telecom-
munications Administration, the East African Railways and Harbours
Administration, the East African Community, the East African
Harbours Corporation, the East African Posts and Telecommunica-
tions Corporation, or the East African Railway Corporation;

(iii) service which is pensionable:

(a) under the Overseas Superannuation Scheme; or

( b ) under any Acts relating to the superannuation of teachers
in the United Kingdom; or

( c ) under a local authority in the United Kingdom; or

(d) under the National Health Service for the United
Kingdom;

(iv) any other service accepted by the Government of the United Kingdom
and the Government of Antigua and Barbuda to be public service
for the purposes of this Agreement;

(v) except for the purposes of computation of a pension, gratuity or
other allowance and of determination of the maximum pension gran-
table, service under a Government in respect of which a pension
may be granted under the Overseas Pensions Act 1973 or any Act
amending or replacing that Act;

(vi) service as the holder of the oflice of President, Vice President, Justice
of Appeal for Eastern Africa established by the Eastern Africa Court
of Appeal Order in Council, 1961 (United Kingdom S I 1961
No. 2323) or the Court of Appeal for East Africa;

(vii) service in the service of the Interim Commissioner for the West
Indies;

(k) "relevant service" means public service under the Government of
Antigua and Barbuda on or after 27 February 1967;

(0 "the taxation element" means the sum accepted by the two Govern-
ments as being equivalent to the proceeds of income tax or any similar tax
received by the Government of Antigua and Barbuda on any sums which
are reimbursable in accordance with sub-paragraph (1) (d) of Article 3.

Article 2

Assumption of Responsibility by the Government of the United Kingdom

As from the appointed day the Government of the United Kingdom shall
assume from the Government of Antigua and Barbuda the responsibility for the
control, administration and payment of pensions which have been awarded before

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Overseas OfJicers ' Pensions (CAP. 3 03 5

the appointed day and for the award, control, administration and payment ol'
pensions which would fall to be awarded on or after the appointed day.

Article 3

Obligations of the Government of the United Kingdom

(1) The Government of the United Kingdom undertake:

(a) that they shall award, control, administer and pay the pensions referred
to in Article 2 of this Agreement to or in respect of the persons concerned
in accordance with the principles and rules contained in the pensions laws,
with such modifications as may be necessary in consequence of the transfer
of responsibility under this Agreement, or in accordance with such other
principles and rules as the Government of the United Kingdom consistently
with the next following paragraph may from time to time determine;

(6) that apart from any modifications arising from the pensions being
payable out of public moneys of the United Kingdom, they shall not apply
to or in respect of any officer different provisions from those contained in
the pension laws (other than any provisions, express or implied, relating to
the currency and method of payment of a pension) so as to make such pravi-
sions less favourable to any beneficiary or potential beneficiary than the pre-
visions applicable to him on the appointed day:

Provided that if a beneficiary or potential beneficiary o1ol.t~ to have any
provision applied to him, that provision shall be taken to be more favourable
to him;

(6) that if the Government of Antigua and Barbuda should be adjudged
by the order of a competent court of law having jurisdiction in Antigua and
Barbuda to be liable to pay to or in respect of an officer any sum in respect
of a pension for which the Government of the United Kinydotn have 8 i ~ ~ u r n d
responsibility under this Agreement, the Government of the United Kingdom
shall repay to the Government of Antigua and Barbuda any sum paid to
such person for the purpose of complying with the order sf the CQUPI; hut
in this event the Government of the United Kingdom shall be f r ~ e to reduce
by corresponding sums, or totally to withhold, any payrrrrnrs of the same
pension to or in respect of that person which would othcwisc fall to be made
by them under this Agreement;

(d) that they shall reimburse the Government of Antigua and Barbuda
in accordance with such procedure as may be mutually arranged between
the two Governments, the aggregate amount, less the taxation clement. of
the following payments due on or after 1 April 1971, being amounts due
under the pensions laws, and made by the Government of Antigua and
Barbuda to or in respect of officeer

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6 CAP. 303) Overseas Offirs' Pensions

(i) the full cost of payments representing that proportion of a pension
or gratuity payable to or in respect of an officer which accrues from
public service under the Government of Antigua and Barbuda before
27 February 1967;

(ii) such proportion (if any) of the cost of payment representing that
part of the pension or gratuity payable to or in respect of an officer
which accrues from public service under the Government of Antigua
and Barbuda on or after 27 February 1967, as is attributable to
his pensionable inducement allowance;

(iii) the full cost of payments representing compensation to an officer.

(2) For the purposes of sub-section (1) (6) of this Article:

(a) the proportion of a pension or gratuity which accrues from public
service under the Government of Antigua and Barbuda before 27 February
1967 is that proportion which the total pensionable emoluments received by
an officer from his public service under the Government of Antigua and
Barbuda prior to 27 February 1967 bears to his total pensionable emoluments
received from all his public service under that Government;

(b) subject to sub-paragraph (c) of this paragraph the proportion of a
pension or gratuity which is attributable to inducement allowance is that
proportion which the total pensionable inducement allowance received by
an officer during his relevant service bears to the total pensionable emoluments
received by him from all his public service under the Government of Antigua
and Barbuda;

(c) in respect of a pension arising from death resulting from an injury
on duty or from contracting a disease on duty or a pension or additional
pension arising from such an injury or from such a disease, being a pension
which results from an occurrence during relevant service, the proportion which
is attributed to inducement allowance is that proportion of the pension which
the rate of the officer's pensionable inducement allowance at the date he
received the injury or contracted the disease bears to the rate of his total
pensionable emoluments at that date.

Article 4

Obligations of the Government of Antigua and Barbuda

(1) The Government of Antigua and Barbuda undertake:

(a) that they shall remain responsible for any instalments of pension
granted to or in respect of an officer which remains unpaid on the appointed
day;

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Overseas Oficers ' Pensions (CAP. 303 7

(6) that they shall as from the appointed day relinquish rrsponsibilrty
for the award, control, administration and payment of any pension to or
in respect of an officer otherwise than in accordance with the terrns of this
Agreement;

(c) that they shall pay to the Government of the United Kingdon1 in
accordance with such arrangements as may be accepted by the two
Governments:

(i) in respect of any pension awarded before the appointed day to o r
in respect of an officer, a sum representing the cost, if any, of the
Antigua and Barbuda element of such pension;

(ii) in respect of any pension awarded on or after the appointed day
to or in respect of an officer:

(a) that part of the sum which would represent the Antigua
and Barbuda element of such pension if the service of the officer
ceased on the appointed day, which is attributable to the oficer's
relevant service up to the day immediately preceding the appointed
day; and

(66) 25% of the officer's pensionable emoluments, other than
inducement allowance earned during that part of his relevant servicr
which occurs on or after the appointed day;

(d) that they shall whenever requested to do so by the Government of
the United Kingdom, supply to that Government such information in con-
nection with the operation of the arrangements contained in this Agreement
as may be specified in such request.

(2) Thesum payable under sub-paragraphs (1) (c) (i) and 1 (c) (ii) (aa) of
this Article shall be actuarily determined by an actuary nominated by the Govern-
ment of the United Kingdom and acceptable to the Government of Antigua and
Barbuda and shall be reduced by a sum accepted by the two Governments as
representing the tax which the Government of Antigua and Barbuda would have
received in respect of the Antigua q d Barbuda element of the pension.

Article 5

Modification of Previous Agreements

(1) O n and after the appointed day the provisions of the Overseas Service
(Antigua) Agreement 1961, and any agreement or arrangement amending or
replacing the sanle, relating to the reimbursement of the Government of Antigua
and Barbuda by the Government of the United Kingdom of a proportion of' the
cost of a pension shall cease to apply to any pension payable to or in respect of
an officer to whom this Agreement applies in respect of any period beginning
on the appointed day.

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8 CAP. 303) Overseas OfJirs' Pensions

(2) On or after the appointed day the provisions of Articles 3, 4, 5, 6, 7,
and the words "and shall take any action that may be necessary to preserve his
pension rights when he is so transferred or promoted" in Article 8 (2) and Article
8 (3) of the Public Officers Agreement shall cease to apply to or in respect of
officers to whom this Agreement applies.

Article 6

Modification of this Agreement

If the Government of the United Kingdom and the Government of Antigua
and Barbuda mutually decide that this Agreement should be modified in any
particular case or class of cases, the foregoing provisions of this Agreement shall
be applied to such case or cases with such modifications, additions or exceptions
as may be necessary to give effect to such mutual decision.

Article 7

Entry into Force

Each of the Parties to this Agreement shall notify the other Party in Writing
as soon as it has completed the domestic legislation .and other arrangements necessary
to enable it to carry out the Agreement, and this Agreement shall enter into force
on the date of the later of these two notifications.

Article 8

Citation

This Agreement may be cited as the Public Officers' Pensions (Antigua and
Barbuda) Agreement 1975.

In witness whereof the undersigned, duly authorised thereto by their respective
Governments, have signed this Agreement.

Done in duplicate at Antigua this 14th day of April 1976 (in the English
language).

For the Government of Antigua For the Government of the United Kingdom
and Barbuda of Great Britain and 'Northern Ireland:

R. H . Harris. R. F. Gillett.