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Pensions (Increase) (1953) Act


Published: 1953

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Pensions (Increase) (1 953) (CAP. 314 1

CHAPTER 314

THE PENSIONS (INCREASE) (1953) ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation.
3. Increase of pensions payable on retirement froxservice

in Antigua and Barbuda.
4. Increase in the case of mixed pensions.
5. Supplementary provisions.

FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.

PENSIONS (INCREASE) (1953)

(12th August, 1953.) 2011953.
911955.

S.R.O. (L.1.)

1. This Act may be cited as the Pensions (Increase) SKOrt
(1953) Act.

2. In this Act- Interpretation.
'6 pension" means any pension payable under the pro-

visions of any law mentioned in the First Schedule:
Provided that the said expression does not include

any gratuity and does not include any sum payable
otherwise than by way of periodical payments, and
accordingly the provisions of this Act shall not have effect

, with respect to any pension which has been commuted,
and, where a part of any pension has been commuted,

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 314) Pensions (Increase) (1 953)

those provisions shall not have effect with respect to that
part thereof.

Increase of
pensions payable

3. (1) Subject to the provisions of this Act, any
on retirement pension specified in the First Schedule may, in respect of
from service in any period after the 31st day of December, 1951, be increased
Antigua and
Barbuda. by the Governor-General to the extent prescribed by the

Second Schedule.

(2) No increase shall be made under this section in
respect of any pension calculated on pensionable emoluments
received after the 31st day of December, 1951.

Increase in the
case of mixed

4. (1) Where a pension is determined by reference
pensions. to a rate of emolumentspaid by a Government or authority

other than the Government of Antigua and Barbuda, the
Governor-General may, in his discretion, but subject to the
provisions of subsection (2) and subsection (3), authorize the
payment of an increase of such pension.

(2) In exercising the discretion mentioned in subsection
(1) the Governor-General shall have regard to the emolu-
ments by reference to which the pension was computed and
to any increase of such emoluments in consequence of any
general revision of salaries.

(3) Where payment of an increase of pension is autho-
rized by virtue of the provisions of subsection (1) such increase
shall be to the like extent as is authorized by subsection (1)
of section 3 in the case of a pension to which that section
applies.

Supplementary
provisions

5 . The provisions of the Pensions (Increase) (1947)
Cap. 313. Act, (hereinafter called the Act of 1947) specified in the first

column of the Third Schedule (which relate to the matters
respectively set out in the second column of that Schedule)
shall apply for the purposes of this Act and accordingly shall
have effect-

(a) as if any reference to section 3 of the Act of
1947 or to the Second Schedule thereto included a
reference to section 3 of this Act or to the Second
Schedule of this Act; and

LAWS OF ANTIGUA AND BARBUDA

Pensions (Increase) (1 953) (CAP. 314 3

(b) as if any other reference to the Act of 1947
included a reference to this Act.

FIRST SCHEDULE

1. A pension payable under the Pensions Act, and any *Cap 130.
amendments thereto.

2. A pension payable under the Police Pensions Act, 1929. 111929.

3. A pension payable under the Pensions Act, 1947. 1211947.
Cap. 311.

4. A pension payable under the Police Pensions (Preserva- 1011951.
tion of Rights) Act, 1951. Cap. 331.

5. A pension payable under the Police Act, 1951. 1211951.
Cap. 330.

6. A pension payable under the Denominational School 711931.
411934. Teachers Pension Act, 193 1, as amended. 1711947.

1111949.
311954.

*See Federal Acts of the Leeward Islands, Revised Edition 1927.

SECOND SCHEDULE

1. Subject to the provisions of this Schedule, the increase
which may be made under section 3 of this Act (in this Schedule
referred to as the "authorized increase") in the case of a pension
liable,to increase as set out in the first column of the following
Table shall be at the annual rate specified in relation thereto in
the second column of that Table.

LAWS OF ANTlGUA AND BARBUDA

CAP. 314) Pensions (Increase) (1953)

Pension liable to increase

Pension calculated in respect
of emoluments received
after the 31st day of
December, 1944 and before
the 1st January, 1952.

Annual Rate

Pension calculated in respect
of emoluments received
prior to 1st January 1945.

2. The authorized increase shall not in any case exceed one-
third of the annual rate of the pension, calculated by taking into
account any increase granted under the Act of 1947.

$124.80 (in addition to any
increase authorized by the
provisions of the Act of
1947).

3. (1) Where the pensioner is in receipt of more than one
pension specified in the First Schedule to this Act, the authorized
increases in respect of more than one such pension shall not in
the aggregate exceed the amount which would represent the
authorized increase if he were in receipt of a single pension.

(2) Where the said increases, as ascertained apart from this
paragraph, would exceed the amount which would represent the
authorized increase if he were in receipt of a single pension, the
authorized increase in the case of each of the pensions shall be
calculated by dividing that amount between them in proportion
to the said increase as ascertained as aforesaid.

4. For the purposes of this Schedule a person for whose
benefit a pension is payable shall be deemed to be in receipt of
the pension notwithstanding that it is payable to some other person.

LAWS OF ANTIGUA AND BARBUDA

Pensions (Increase) (1953) (CAP. 3 14 5

THIRD SCHEDULE

PROVISIONS OF PENSIONS (INCREASE) (1947) ACT
APPLIED TO THIS ACT

Section 6.

Provisions

Subsection (2) of section 3.

Subsection (4) of section 3.

Section 5.

Subject Matter

Restrictions upon the circum-
stances in which a pension
may be increased under sec-
tion 3 .

Interpretation of section 3.

Regulations prescribjng pro-
cedure for making claims
for increases under section 3
and other supplementary
matters.

Penalty for false statements for
the purpose of obtaining
sums payable under the
Act.