Advanced Search

Pensions (Increase) (1957) Act


Published: 1956

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Pensions (Increase) (1 957) (CAP. 3 15 1

CHAPTER 315

T H E PENSIONS (INCREASE) (1957) ACT

Arrangement of Sections
Section

1. Short title.
2 . Interpretation.
3. Increase of pensions payable on retirement f i a ~ ~ l service

in Antigua and Barbuda.
4. Increase in the case of mixed pensions.
5. Extension of increases under Pensions (Increase) Act,

1947.
6. Extension of increases under Pensions (Increase) Act,

1953.
7. Other amendments of Act of 1947 and Act of 1953.
8. Supplementary provisions.

FIRST SCHEDULE.
SECOND SCHEDULE.

PENSIONS (INCREASE) (1957)

(1st January, 1956.)

1. This Act may be cited as the Pensions (Increase) Short title.
(1957) Act.

2. In this Act- Interpretation.

"the Act o f ' any specified year means the Pensions
(Increase) Act of that year;

' ' pension" means any pension payable under the pro-
visions of any law mentioned in the First Schedule:

LAWS OF ANTIGUA AND BAKBUL)A

2 CAP. 3 15) Pensions (Increase) (1 957)

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

Increase of 3. (1) Subject to the provisions of this Act, any pen-
pensions payable
on retirement sion specified in the First Schedule may be increased by the
from service in Governor-General to the extent authorized by the Second
Antigua and
Barbuda. Schedule:

Provided that no increase shall be made under this sec-
tion in respect of any pension calculated on pensionable
emoluments received after the 3 1st day of December, 195 1.

(2) Subsections (2) and (4) of section 3 of the Act of
1947 (which define the circumstances in which a pension
may be increased under that section) shall apply for the pur-
poses of this section as if any reference in those subsections
to the said section 3 included a reference to subsection (1)
of this section; and, subject to the next following subsec-
tion, in the application of those subsections for the said pur-
poses, the expression "dependant7', in relation to a pensioner,
shall be construed as meaning a person who the Governor-
General is satisfied is wholly or mainly supported by the
pensioner and who either has not attained the age of sixteen
years or, having attained that age, is either receiving full-
time instruction at an educational establishment or undergo-
ing training for a trade, profession or vocation in such cir-
cumstances that he is required to devote the whole of his
time to that training for a period of not less than two years.

(3) Where, immediately before the first day of January,
1956, an increase under the Act of 1947 or the Act of 1953
was payable in the case of a pension by reason only that
some person was a dependant of the pensioner by virtue of
subsection (3) of section 3 of the Act of 1947, then, so long
as the Governor-General is satisfied that that person con-
tinues to be wholly or mainly supported by the pensioner,
that person shall be deemed to be a dependant of the pen-
sioner for the purposes of the application of subsection (2)

LAWS OF ANTIGUA AND BARBUDA

Pensions (Increase) (1 957) (CAP. 3 15 3

of section 3 of the Act of 1947 to increases under subsec-
tion ( 1 ) of this section:

Provided that-

(a ) this subsection shall only apply to a person by
virtue of paragraph (a ) of subsection ( 3 ) of section 3 of
the Act of 1947 so long as that person would continue
to be a dependant of the pensioner under subsection (2)
of this section if the words from "in such" onwards
were omitted therefrom;

(6) where this subsection applies to any person by
virtue of paragraph (b) , (c) or (d) of subsection ( 3 ) of
section 3 of the Act of 1947 and an increse under
subsection (1) of this section is payable in the case of
a pension by reason only that that person is deemed
under this subsection to be a dependant of the pensioner,
the annual rate of that increase shall be reduced in
respect of any period by the amount, if any, by which
the Governor-General is satisfied that the total income
in that period of that person from any other source
exceeds seven hundred and forty-eight dollars and eighty
cents a year.

4. (1) Where a pension is determined by reference Increase in the
case of mixed

to a rate of emoluments paid by a Government or authority pensions.
other than the Government of Antigua and Barbuda, the
Governor-General may, with the approval of such Govern-
ment or authority, but subject to the provisions of subsec-
tion ( 2 ) authorize the payment of an increase of such pension.

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

5 . For the purposes of an increase under section 3 of E xtension of increases under
the Act of 1947 in anv ensi ion- Pensions

, L

(Increase) Act,
(a ) any restriction on the making of such an 1947.

Cap. 313.
increase, or on the amount of the increase, imposed by
that Act bv reference to the income of the pensioner
shall cease to have effect;

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 3 15) Pensions (Increase) (1 95 7)

( b ) the amount of the increase shall be that
applicable if the pensioner were a married person,
whether or not he is in fact a married person;

(c) the upper limit of the amount of a pension which
may be increased by two hundred and eighty-eight
dollars a year shall cease to have effect.

Extension of
increases under

6. For the purposes of an increase under the Act of
Pensions 1953 in any pension-
(Increase) Act,
1953.

.

(a) anv restriction on the makine: of such an
1 , , "

Cap. 314. increase, or on the amount of the increase, im~osed bv
that ~ c t by reference to the income of the pknsione;
shall cease to have effect;

( 6 ) the amount of the increase shall be that
applicable if the pensioner were a married person,
whether or not he is in fact a married person.

Other
amendments of

7. (1) Subsection (3) of section 3 of the Act of 1947
Act ,f 1947 and (which defines the expression "dependant" for the purposes
Act of 1953. of that section and the Second Schedule to that Act) shall

cease to have effect, and for the purposes of the said section 3
and of section 3 of the Act of 1953 the expression "depen-
dant" shall have the meaning assigned thereto by subsec-
tions (2) and (3) of section 3 of this Act, with the substitu-
tion in the said subsection (3) for any reference to an in-
crease under subsection (1) of section 3 of this Act, of a
reference to an increase under section 3 of the Act of 1947
or, as the case may be, of the Act of 1953.

(2) The Act of 1947 shall have effect and be deemed
always to have had effect as if for paragraph 7 of the Second
Schedule to that Act there were substituted the following
paragraph-

"7. Where a person in receipt of a pension
specified in the First Schedule is also in receipt of another
pension so specified, both of those pensions shall be
aggregated and the amount which would have be"en the
authorized increase of a single pension equal to that
aggregate if that single pension had been a pension
specified in the said First Schedule shall be apportioned
between the pensions in the proportions which they bear

LAWS OF ANTIGUA AND BARBUDA

Pensions (Increase) (1 95 7) (CAP. 3 15 5

to one another, and the amount so apportioned to any
pension specified in the said First Schedule shall be the
authorized increase of that pension. "

8. In calculating the amount of any pension for the supplementary
provisions.

purposes of the Act of 1947 or the Act of 1953, any increase
for which provision is made by section 3 of this Act shall
be disregarded.

FIRST SCHEDULE -
PENSIONS WHICH MAY BE INCREASED UNDER

SECTION 3 OR SECTION 4 OF THIS ACT

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

2. A pension payable under the Pensions Act, Cap. 311
and any amendments thereto.

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

4. A pension payable under the Police Act, Cap. 330 and
any amendments thereto.

5. A pension payable under the Denominational School 711931.
411934. Teachers Pension Act, 1931, as amended. 1711947.

1111949.

See Federal Acts of the Leeward Islands, Revised Edition 1927. 311954.

SECOND SCHEDULE

1. Subject to the provisions of this Schedule, the increase
under section 3 (in this Schedule referred to as the "authorized
'increase") in the case of a pension in respect of which such an
increase is authorized or required to be made (in this Schedule

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 3 15) Pensions (Increase) (1 957)

referred to as a "relevant pension") shall be ten per cent of the
basic rate of the pension or $480 a year, whichever is the less.

2. (1) Where a pensioner is in receipt of two or more rele-
vant pensions in respect of services rendered by the same person,
the authorized increases of those pensions shall not in the aggregate
exceed the amont which would represent the authorized increase
if those pensions were a single relevant pension at a basic rate
equal to the aggregate of the basic rates of those pensions; and
where the said increase, as ascertained apart from this paragraph,
would exceed that amount, the increase in the case of each of the
pensions shall be calculated by dividing the amount between them
in proportion to the said increases as ascertained as aforesaid.

(2) For the purposes of this paragraph, 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.