Pension (Non-Established Government (CAP. 310 1
Employees)

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B CHAPTER 310
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T H E PENSION (NON-ESTABLISHED
GOVERNMENT EMPLOYEES) ACT

Arrangement of Sections
Section

Short title.
Interpretation. -
Pension to be charged on Consolidated Fund.
Pension etc. not as of right.
Circumstances in which pension may be granted.
Pension how paid and maximum pension.
Pension how granted and rate.
Gratuity and reduced pension.
Gratuities for employees employed for not less than seven

years.
Gratuity to personal representative.
How weekly wage ascertained in certain cases.
Suspension of pension on re-employment.
Application of Act.

PENSION (NON-ESTABLISHED
GOVERNMENT EMPLOYEES)

(12th September, 1967.) 3711967.

1. This Act may be cited as the Pension (Non- Short tit'e.
Established Government Employees) Act.

2. In this Act- Interpretation

LAWS OF AN'I'IGUA AND BARBUDA

2 CAP. 310) Pension (Non-Established Government
Employees)

"non-established employee" or "employee" means a
person employed by the Government on a week
to week or month to month basis and whose wage
or salary is paid from or out of a vote in the official
Estimates of Antigua and Barbuda other than a
Personal Emoluments vote.

Pension to be
charged on

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

Act.

Pension, etc. not 4. (1) No employee shall have the absolute right to
as of right.

compensation for past services or to pension or gratuity under
this Act.

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

Circumstances in
which pension

5 . No pension or gratuity shall be granted under this
may be granted. Act to any non-established employee except on retirement

from Government employment in any one of the following
cases-

(a) after having attained the age of fifty-five years;

(b) on his compulsory retirement where his services
are no longer required by the Department or Ministry
of Government in which he is employed;

( c ) on medical evidence to the satisfaction of the
Cabinet that he is incapable by reason of infirmity of
mind or body of continuing in such employment.

Pension how 6. A pension granted to an employee under this Act
paid and
maximum shall be paid monthly in arrears and shall not exceed an
pension. amount equal to two and two-thirds times his weekly wage

or two-thirds of his monthly salary, as the case may be,
received at the time of his retirement.

Pension how
granted and rate.

7. (1) Subject to the provisions of this Act every non-
established employee in Government employment for a
continuous period of ten or more years, or for periods

LAWS OF ANTIGUA AND BARBUDA

Pension (Nan-Established Government (CAP. 310 3
Employees)

/

amounting in the aggregate to ten or more years, may be
granted on retirement 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.

(2) In this section-

(a) for the purpose of computing the continuous
period of ten or more years, "year" means a calendar
year;

(6) for the purpose of computing the periods
amounting in the aggregate of ten or more years "year"
means every fifty-two weeks whether continuous or not.

0-

(3) Where the employee is employed after the
completion of ten or more years of employment, whether
continuous or not, for a portion of a year exceeding twenty-
six weeks, whether continuous or not, that portion shall be
deemed to be a complete year.

8. An employee to whom a pension is granted under Gratuity and
this Act may, at the discretion of the Cabinet, be paid in reduced pension'
lieu of such pension, a monthly pension at the rate of three-
fourths of such pension, together with a gratuity equal to
one hundred and fifty times the amount of the reduction
so made.

9. (1) A non-established employee may, if he has been E;t,"iEs for
in Government employment for a continuous period of not for not
less than seven years, or for periods amounting in the less than seven

years.
aggregate to not less than seven years, and has retired from
such employment is one of the cases mentioned in section 5,
may be granted, if the Cabinet thinks fit, a compassionate
gratuity of one week's pay at the time of his retirement for
each complete year of his employment.

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

10. There shall be paid to the personal representative F:;,"hH{
, of a non-established employee who dies whilst in Government representative.

LAWS OF AN'1'IGUA AND BARBUDA

4 CAP. 3 10) Pension (Non-Established Government
Emfiloyees)

employment, a gratuity equivalent to fifty-two weeks wages
of the employee.

How weekly
wage ascertained

1 . For the purpose of granting a pension or gratuity
in certain cases. under sections 7, 9 or 10 where an employee is in receipt

of a monthly salary, his weekly wage shall be deemed to be
one-fourth of his monthly salary.

Suspension of
pension on

12. If an employee to whom a pension has been
re-employment. granted under this Act is re-employed by the Government,

the payment of his pension may, if the Cabinet thinks fit,
be suspended during the period of his re-employment.

Application of
Act.

13. The provisions of this Act shall apply to any non-
established employee who-

( a ) is first employed in Government employment
after the commencement of this Act;

( 6 ) is employed in Government employment 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 or
the six months thereafter.