Pensions (CAP. 311 1

CHAPTER 311

THE PENSIONS ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation. -,
3. Pension Regulations.
4. Pensions, etc., to be charged on revenues of Antigua

and Barbuda.
5. Pensions, etc., not of right.
6. Circumstances in which pension may be granted.
7. Termination of service.
8. Age of retirement.
9. Maximum Pension.

10. Increase in pension in cases of retirement for ill health
with more than ten but less than twenty years'
service.

11. Liability of pensioners to be called upon to take further
employment.

12. Suspension of pension on re-employment.
13. Pensions, etc., not to be assignable.
14. Pensions, etc., to cease on bankruptcy.
15. Pensions, etc., may cease on conviction.
16. Pensions, etc., may cease on accepting certain

appointments.
17. Gratuity where officer dies in the service or after

retirement.
18. Pensions to dependants when an officer dies as a result

of injuries received or disease contracted in the
discharge of his duties.

19. Act not applicable to Police Force.
20. Application of Act.
2 1. poker to re-opt.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 311) Pensions

FIRST SCHEDULE T O THE ACT
REGULATIONS FOR THE GRANTING OF

PENSIONS, GRATUITIES AND OTHER
ALLOWANCES T O OFFICERS

PART I

PRELIMINARY

1. Short title.
2. Interpretation.

PART I1

OFFICERS WITHOUT OTHER
PUBLIC SERVICE

3. Application of Part 11.
4. Pension to whom and at what rates to be granted.
5. Gratuities where length of service does not qualify for

pension.
6. Marriage Gratuities.

PART I11

TRANSFERRED OFFICERS

7. Application of Part 111.
8. Interpretation.
9. Pension for service wholly within the group.

10. Pension where other service not within the Group.
11. Pension when other service both within and not within

the Group.
12. Gratuities where length of service does not qualify for

pension.
13. Marriage Gratuities.

PART IV

GENERAL

14. General rules as to qualifying service and pensionable
service.

15. Continuity of service.
16. Leave without salary.
17. Service in Her Majesty's Forces.
18. Teaching service may be counted as pensionable service.

LAWS OF ANTIGUA AND BARBUDA

Pensions (CAP. 311 3

19. Emoluments to be taken for computation of pensions,
etc.

20. Service in non-pensionable office.
2 1. Acting service.
22. Service under age of 20 or on probation or agreement.

PART V

SUPPLEMENTARY

23. Abolition of office and re-organization.
24. Officers injured or contracting diseases in the discharge

of their duties.
25. Gratuity and reduced pension.
26. Gratuities for officers who have served-1.n non-

pensionable offices.

PART VI

TRANSITIONAL REGULATIONS

27. Definition of "serving officer".
28. Pensionable emoluments of serving officer to include fees

paid as salary.
29. Application to Regulation 20.
30. Application to Regulation 24(4).
3 1. Preserving rights of serving officers with professional

qualifications.
32. Application to Regulation 26.

FIRST SCHEDULE
T o the Regulations

SECOND SCHEDULE
T o the Regulations

SECOND SCHEDULE
To the Act.

LAWS OF ANTIGUA AND BARBUDA

Pensions (CAP. 311 5

PENSIONS

(1st April, 1948.) S.R.O. (L.I.)
2311956.
211958.

1911961.
2311963.

111966.
1311966.

S.R.O. 3711963.
S.R.O. 1111965.
S.R.O. 2511970.
S.R.O. 4111977.

Act: 911984.
1811989.

1. This Act may be cited as the Pensions Act.

2. (1) In this Act-

"pensionable office" means-

(a) in respect of service under the
Government. an office which. bv virtue of the , ,
provision for the time being in force in an
Order made by the Cabinet and published in
the Gazette, is declared to be a pensionable
office; and any such Order may from time to
time be amended, added to, or revoked by an
Order so made and published; but where by
virtue of anv such amendment or revocation
any office ceases to be a pensionable office,
then so long as any person holding that office
at the time of the amendment or revocation
continues therein, the office shall, as respects
that person, continue to be a pensionable
office;

( b ) in respect of other public service, an
offlce which is for the time being a pensionable
office under the law or regulations in force in
such service;

Interpretation.

"non-pensionable office" means an office which is not
a pensionable office;

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 311) Pensions

" pensionable emoluments"--

(a) in respect of service under the
Government, includes salary, inducement
allowance, personal allowance, house
allowance, and, in the case of a teacher, any
charge pay that may be paid to such teacher
when in charge of a government elementary
school, but does not include duty allowance,
entertainment allowance or any other
emoluments whatever;

(b) in respect of other public service,
means emoluments which count for pension
in accordance with the law or regulations in
force in such service;

" salary" means the salary attached to a pensionable
office or, where provision is made for taking service
in a non-pensionable office into account as
pensionable service, the salary attached to that
office;

" personal allowance" means special addition to salary
granted personally to the holder for the time being
of the office, but does not include such an addition
if it is granted subject to the condition that it shall
not be pensionable;

"house allowance" includes the estimated value of free
quarters as defined in Regulations under this Act;

" inducement allowance" means the inducement
allowance referred to in paragraph (a) of clause 3
of the Overseas Service (Antigua) Agreement, 196 1 ;

"public service" means-

(a) service in a civil capacity under the
Government or any other country or territory
in the Commonwealth;

( b ) service under the East Africa High
Commission, the East African Railways and
Harbours Administration, the East African

LAWS OF ANTIGUA AND BARBUDA

Pensions (CAP. 311 7

Posts and Telecommunications Admini-
strations or East African Common Services
Organisation;

(c) service which is pensionable-

(i) under the Oversea Superannuation
Scheme,

(ii) under any Acts relating to the
superannuation of teachers in the
United Kingdom,

(iii) under a local authority in the United
Kingdom,

(iv) under the National ~ e a l r s e r v i c e
of the United Kingdom;

(d) any other service that the Governor-
General has determined to be public service
for purposes of this Act; and

(e) except for the purposes of computation
of a pension or gratuity and of section 9 service
in respect of which a pension may be granted
under the Governor's Pensions Act, 1957; :$ '&Eliz. l1

(f) service as the holder of the office of
President, Vice President, Justice of Appeal,
Registrar, officer or servant of the Court of
Appeal for Eastern Africa established by the
Eastern Africa Court of Appeal Order in
Council, 1961;

&) service in the service of the Interim
Commissioner for the West Indies.

"other public service" means public service not under
the Government.

(2) For the avoidance of doubts it is hereby declared
that, where an officer has been confirmed in a pensionable
offlce and is thereafter appointed to another pensionable
office, then, unless the terms of such appointment otherwise
require, such last mentioned office is, for the purposes of

'this Act, an office in which he has been confirmed.

LAWS OF ANTIGUA AND BARBUDA

8 CAP. 311) Pensions

Pension
Regulations.

3. (1) Pensions, gratuities and other allowances may
be granted by the Governor-General in accordance with the

First Regulations contained in the First Schedule to this Act to
officers who have been in service under the Government.

(2) Except as is otherwise provided in this section, the
said Regulations may from time to time be amended, added
to, or revoked by regulations made by the Cabinet, and all
regulations so made shall be laid before Parliament and
published in the Gazette.

(3) Whenever the Cabinet is satisfied that it is equitable
that any of the regulations contained in the First Schedule
to this Act or any other regulations amending or adding to
the same should have retrospective effect in order to confer
a benefit upon or remove a disability attaching to an officer,
that regulation may be given retrospective effect for that
purpose:

Provided that no such regulation shall have retrospective
effect unless it has received the prior approval of Parliament
signified by resolution.

(4) All Regulations made under this section shall have
the same force and effect as if they were contained in the
First Schedule to this Act and the expression "this Act" shall,
wherever it occurs in this Act, be construed as including a
reference to the said First Schedule.

(5) Any pension or gratuity granted under this Act shall
be computed in accordance with the provisions in force at
the actual date of an officer's retirement.

Pensions, etc., to
be charged on

4. There shall be charged on and paid out of the
revenues of general revenues of Antigua and Barbuda all such sums of
Antigua and money as may from time to time be granted by way of
Barbuda.

pension, gratuity or other allowance in pursuance of this Act.

Pensions, etc.,
not of right.

5 . (1) No officer shall have an absolute right to
compensation for past services or to pension, gratuity, or . -
othe; allowance; n& shall anything in this Act affect the 'right
of the Crown to dismiss any officer at any time and without
compensation.

LAWS OF ANTIGUA AND BARBUDA

Pensions (CAP. 311 9

(2) Where it is established to the satisfaction of the
Governor-General that an officer has been guilty of
negligence, irregularity or misconduct, the pension, gratuity,
or other allowance may be reduced or altogether withheld.

6. No pension, gratuity or other allowance shall be Circumstances in
which pension

granted under this Act to any officer except on his retirement may be granted.
from the public service in one of the following cases-

(a) on attaining the age of sixty years, or on or
after attaining the age of fifty-five years, if he opts to
retire at that age; or on or after attaining the age of
fifty years, if he requests to retire at that age and the
Governor-General acting on the advice of C a b g t grants
his request.

( b ) in the case of transfer to other public service,
on or after attaining the age at which he is permitted
by the law or regulations of the service in which he is
last employed to retire on pension or gratuity:

Provided that if his service in such other public
service is superannuated under the Federated Superan-
nuation System for Universities or a similar insurance
scheme, he has retired on one of the grounds mention-
ed in paragraphs (a), (c), (d), (e) and (/);

(c) on the abolition of his office;

(d) on compulsory retirement for the purpose of
facilitating improvement in the organization of the
department to which he belongs, by which greater
efficiency or economy may be effected;

(e) on medical evidence to the satisfaction of the
Governor-General that he is incapable by reason of any
infirmity of mind or body of discharging the duties of
his office and that such infirmity is likely to be
permanent;

(/) in the case of termination of employment in the
public interest as provided in this Act;

Cg) on retirement in circumstances, not mentioned
in the preceding paragraphs of this section, rendering

' him eligible for a pension under the Pensions (Governors

LAWS OF ANTIGUA AND BARBUDA

10 CAP. 311) Pensions

Termination
service.

Age of
retirement.

Maximum
Pension.

of Dominions &c.) Acts, 191 1 to 1936, or any Act
amending or replacing those Acts:

Provided that a gratuity may be granted to a female
officer, in accordance with the provisions of this Act, who
retires for the reason that she has married or is about to
marry, notwithstanding that she is not otherwise eligible
under this section for the grant of any pension, gratuity or
other allowance.

of 7. Where an officer's service is terminated on the
ground that, having regard to the conditions of the public
service, the usefulness of the officer thereto and all the other
circumstances of the case, such termination is desirable in
the public interest, and a pension, gratuity or other allowance
cannot otherwise be granted to him under the provisions of
this Act, the Governor-General may, if he thinks fit, grant
such pension, gratuity or other allowance as he thinks just
and proper, not exceeding in amount that for which the officer
would be eligible if he retired from the public service in the
circumstances described in paragraph (e) of section 6 .

8. ( 1 ) An officer shall retire from the public service
on attaining the age of sixty years.

(2) An officer shall retire from the public service on or
after attaining the age of fifty-five years, if he opts to retire
at that age.

(3) An officer shall retire from the public service at the
age of fifty years, if he applies in writing to retire at that
age and the Governor-General acting on the advice of Cabinet
grants the application.

9. ( 1 ) Except in cases provided for by subsection ( 2 ) ,
a pension granted to an officer under this Act shall not exceed
two-thirds of the highest pensionable emoluments drawn by
him at any time in the course of his service under the
Government.

( 2 ) An officer who shall have been granted a pension
in respect of other public service shall not at any time draw

LAWS OF ANTIGUA AND BAREUDA

Pensions (CAP. 311 11

from the funds of Antigua and Barbuda an amount of pension
which, when added to the amount of any pension or pensions
drawn in respect of other public service, exceeds two-thirds
of the highest pensionable emoluments drawn by him at any
time in the course of his public service:

Provided that where an officer receives in respect of some
period of public service both a gratuity and a pension, the
arnount of' such pension shall be deemed for the purposes
of' this subsection to be four-thirds of its actual amount.

(3) Where the limitation prescribed by the preceding
subsection operates, the amount of pension to be drawn from
the funds of Antigua and Barbuda shall be subject to the
approval of the Governor-General in order that it may be
determined with due regard to the amount of anTpension
or pensions to be drawn in respect of other public service.

(4) For the purposes of the preceding subsections an
additional pension granted in respect of injury shall not be
taken into account; but where the officer is granted such an
additional pension under this Act, the amount thereof
together with the remainder of his pension or pensions shall
not exceed five-sixths of his highest pensionable emoluments
at any time in the course of his public service.

10. Subject to the provisions of this Act and of the Increase in
pension in cases

Regulations contained in the First Schedule, every officer ret;rement for
holding a pensionable office in Antigua and Barbuda who ~ o ~ ~ a ~ , t ~ n ~ t t $ , h
has been in service under the Government in a civil capacity but less than
for more than ten but less than twenty years, and who retires twenty years'

service.
from the said service in the circumstances mentioned in
paragraph (e) of section 6 may, on retirement, be granted
a pension as if his pensionable service had been twenty years.

11. (1) Every pension granted under this Act shall ~ ; ~ ~ ~ ~ ~ ' r ; f t o be
be subject to the condition that unless or until the officer upon to
shall have attained the age of fifty years, he may, if physically take further

employment.
fit for service, be called upon by the Governor-General to
acccept, in lieu of his pension, an office not less in value
than the office which he held at the date of his retirement.

If a pensioner so called upon declines to accept such
,office the payment of his pension may be suspended until
he has attained the age of fifty years.

LAWS OF ANTIGUA AND BARBUDA

12 CAP. 311) Pensions

( 2 ) The provisions of the foregoing subsection shall not
apply in any case where the Governor-General, being of
opinion that the officer is not qualified for other employment
in the public service or that there is no reason to expect that
he can be shortly re-employed therein, otherwise directs.

Suspension of
pension on

12. If an officer to whom a pension has been granted
re-employment. under this Act is appointed to another office in the public

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

Pensions, etc., 13. A pension, gratuity or other allowance granted
not to be
assignable. under this Act shall not be assignable or transferable except

for the purpose of satisfying-

( a ) a debt due to the Government; or

( b ) an order of any Court for the payment of
periodical sums of money towards the maintenance of
the wife or former wife or minor child of the officer to
whom the pension, gratuity or other allowance has been
granted,

and shall not be liable to be attached, sequestered or levied
upon for or in respect of any debt or claim whatever except
a debt due to the Government as aforesaid.

Pensions, etc.3 to 14. (1) If any person to whom a pension or other
cease on
bankruptcy. allowance has been granted under this Act is adjudicated

bankrupt or is declared insolvent by judgment of any
competent Court, then such pension or allowance shall
forthwith cease.

( 2 ) If any person is adjudicated bankrupt or is declared
insolvent as aforesaid either-

( a ) after retirement in circumstances in which he
is eligible for pension or allowance under this Act but
before the pension or allowance is granted; or

( b ) before such retirement, and he shall not have
obtained his discharge from bankruptcy or insolvency
at the date of his retirement,

LAWS OF ANTIGUA AND BARBUDA

Pensions (CAP. 311 13

then, in the former case any pension or allowance eventually
granted to him shall cease as from the date of the adjudication
or declaration as the case may be and, in the latter case,
the pension or allowance may be granted, but shall cease
forthwith and not become payable.

(3) Where a pension or allowance ceases by reason of
this section. it shall be lawful for the Governor-General from
time to time during the remainder of such person's life, or
during such shorter period or periods, either continuous or
discontinuous, as the Governor-General shall think fit, to
direct all or any part of the moneys to which such person
would have been entitled by way of pension or allowance,
had he not become bankrupt or insolvent, to be paid to,
or applied for the maintenance or benefit of, all='any to
the exclusion of the other or others, of the following, that
is to say, such person and any wife, child or children of his,
in such pro~ortions and manner as the Governor-General - -
thinks proper, and such moneys shall be paid or applied
accordingly.

(4) Moneys applied for the discharge of the debts of
the person whose pension or allowance has so ceased shall,
for the purposes of this section, be regarded as applied for
his benefit.

(5) When a person whose pension or allowance has so
ceased obtains his discharge from bankruptcy or insolvency,
it shall be lawful for the Governor-General to direct that the
pension or allowance shall be restored as from the date of
such discharge or any later date, and the pension or allowance
shall be restored accordingly.

15. (1) If any person to whom a pension or other ~ ; ~ e ~ ; e e ~ : ~
allowance has been granted under this Act is sentenced to
a term of imprisonment by any competent Court for any
offence, such pension or allowance shall, if the Governor-
General so directs, cease as from such date as the Governor-
General determines.

(2) If any person is sentenced as aforesaid after retire-
ment in circumstances in which he is eligible for pension
or allowance under this Act but before the pension or

'allowance is granted, then the provisions of the foregoing

Pensions, etc.,
may cease on
accepting certain
appointments.

Gratuity where
officer dies in
the service or
after retirement.

CAP. 311) Pensions

paragraph shall apply as respects any pension or allowance
which may be granted to him.

(3) Where a pension or allowance ceases by reason of
this section it shall be lawful for the Governor-General to
direct all or any part of the moneys to which such person
would have been entitled by way of pension or allowance
had he not been sentenced as aforesaid to be paid, or applied,
in the same manner in all respects as prescribed in the
preceding section, and such moneys shall be paid or applied
accordingly.

(4) If such person after conviction at any time receives
a free pardon, the pension or allowance shall be restored
with retrospective effect; but in determining whether arrears
of such pension or allowance are payable to such person and
in computing the amount thereof, account shall be taken of
all moneys paid or applied under the preceding subsection.

16, If any person to whom a pension or other
allowance has been granted under this Act otherwise than
under section 18 becomes either a director of any company
the principal part of whose business is in any way directly
concerned with Antigua and Barbuda, or an officer or servant
employed in Antigua and Barbuda by any such company,
without the prior permission of the Governor-General, in
writing, such pension or allowance shall cease if the Governor-
General so directs:

Provided that it shall be lawful for the Governor-
General, on being satisfied that the person in respect of whose
pension or allowance any such direction shall have been given
has ceased to be a director of such company or to be employed
as an officer or servant of such company in Antigua and
Barbuda, as the case may be, to give directions for the
restoration of such pension or allowance, with retrospective
effect, if he shall see fit, to such a date as he shall specify,
and the pension or allowance shall be restored in accordance
with any such directions.

17. (1) (a) Where an officer holding a pensionable
office who is not on probation or agreement, or an officer
holding a non-pensionable office to which he has been
transferred from a pensionable office in which he has

LAWS OF ANTIGUA AND BARBUDA

Pensions (CAP. 311 15

been confirmed, dies while in service under the
Government, it shall be lawful for the Governor-General
to grant to his legal personal representative a gratuity
of an amount not exceeding either his annual
pensionable emoluments, or his commuted pension
gratuity, if any, whichever is the greater.

i ( b ) For the purposes of this section-

(i) "annual pensionable emoluments" means the
emoluments which would be taken for the
purpose of computing any pension or gratuity
granted to the officer if he had retired at the
date of his death in the circumstance~escribed
in paragraph (e) of section 6;

(ii) "commuted pension gratuity" means the
gratuity, if any, which might have been
granted to the officer under Regulation 25 of
the First Schedule to this Act if his public
service had been wholly in Antigua and
Barbuda and if he had retired at the date of
his death in the circumstances described in
paragraph (e) of section 6 and had elected to
receive a gratuity and reduced pension.

(2) Where any such officer to whom a pension, gratuity
or other allowance has been granted under this Act dies after
retirement from service under the Government, and the sums
paid or payable to him at his death on account of any pension,
gratuity or other allowance in respect of any public service
are less than the amount of the annual pensionable
emoluments enjoyed by him at the date of his retirement,
it shall be lawful for the Governor-General to grant to his
legal personal representative a gratuity equal to the deficiency.

(3) The provisions of this section shall not apply in the
case of death of any officer where benefits corresponding to
the benefits which may be granted under this section are
payable under the Colonial Superannuation Scheme in
respect of such death.

(4) Notwithstanding the provisions contained in
subsections (1) and (2) the Governor-General may in any
case where the amount of the gratuity payable thereunder

LAWS OF ANTIGUA AND BARBUDA

CAP. 311) Pensions

does not exceed the sum of four hundred and eighty dollars,
dispense with the production of probate or letters of
administration and cause the gratuity to be paid to the
dependant or dependants of the officer and, where there is
more than one such dependant, may divide the gratuity
among the dependants in such proportion as he may think fit.

Pensions to
dependants when

18. (1) Where an officer dies-
an officer dies as
a result of (a) in the actual discharge of his duty by some
injuries received injury specifically attributable to the nature of his duty
or disease
contracted in the which [s not wholly or mainly due to, or seriousl;
discharge of his . . aggravated by, his own serious and culpable negligence
dutles. or misconduct; or

(b) as a result of contracting a disease to which he
is specifically exposed by the nature of his duty, not
being a disease wholly or mainly due to, or seriously
aggravated by, his own serious and culpable negligence
or misconduct, while in service under the Government,
and such death occurs within seven years of the date
of the injury or contracting the disease, it shall be lawful
for the Governor-General to grant, in addition to the
grant, if any, made to his legal personal representative
or in addition to the payment, if any, made to his
dependant or dependants under section 16-

(i) if the deceased officer leaves a widow, a
pension to her, while unmarried, at a rate not
exceeding ten-sixtieths of his annual
pensionable emoluments at the date of the
injury or ninety-six dollars a year, whichever
is the greater;

(ii) if the deceased officer leaves a widow to whom
a pension is granted under the preceding
paragraph and a child or children, a pension
in respect of each child, until such child attains
the age of nineteen years, of an amount not
exceeding one-eighth of the pension prescrib-
ed under the preceding paragraph;

(iii) if the deceased officer leaves a child or children,
but does not leave a widow, or no pension is
granted to the widow, a pension in respect of
each child, until such child attains the age of

LAWS OF ANTIGUA AND BARBUDA

Pensions ( C A P . 311 17

nineteen years, of double the amount
prescribed by the preceding paragraph;

(iv) if the deceased officer leaves a child or children
and a widow to whom a pension is granted
under paragraph (i) and the widow
subsequently dies, a pension in respect of each
child as from the date of the death of the widow
until such child attains the age of nineteen
years, of double the amount prescribed in
paragraph (ii);

(v) if the deceased officer does not leave a widow,
or if no pension is granted to his widow, and
if his mother were wholly or mainly dzendent
on him for her support, a pension to the
mother. while without adeauate means of
support, of an amount not exceeding the
pension which might have been granted to his
widow;

(vi) if the deceased officer does not leave a widow
or mother, or if no pension is granted to his
widow or mother, and if his father were wholly
or mainly dependent on him for his support,
a pension to the father while without adequate
means of support, of an amount not exceeding
the pension which might have been granted
to his widow;

(vii) if the deceased officer does not leave a child
or children who is or are eligible for a pension
under the provisions of this section, and if any
brother or sister were wholly or mainly
dependent on him for support, a pension to
any such brother or sister until he or she attains
the age of nineteen years while without
adequate means of support, of an amount not
exceeding the pension which might have been
granted under paragraphs (ii), (iii) or (iv):

Provided that-
(a) if in the opinion of the Governor-General there

are compassionate grounds for so doing, he may grant
to any child of a deceased officer being a child who at

, the date of the death of the officer was wholly or mainly
dependent on him for support and who had attained

LAWS OF ANTIGUA AND BARBUDA

CAP. 311) Pensions

Cap. 475.

the age of nineteen years, a pension for such period as
the Governor-General may determine, of an amount
not exceeding the pension which may be granted under
paragraphs (ii), (iii) or (iv);

(b) where a deceased officer leaves a child who was
incapacitated at the time of the officer's death
(hereinafter in this section referred to as an
"incapacitated child") the Governor-General may, not-
withstanding any pension which may have been granted
under paragraphs (ii), (iii) or (iv), grant an additional
pension in respect of such incapacitated child after he
has attained the age of nineteen years and so long as
his incapacity shall continue, of an amount not exceeding
one-half of the pension which may be granted under
paragraph (ii) or paragraph (iii) aforesaid;

( 6 ) where compensation in respect of the death is
payable under the Workmen's Compensation Act, or
where benefits corresponding to benefits granted under
this section are payable under the Colonial
Superannuation Scheme in respect of death, the
Governor-General may reduce the pension which may
be payable under this section to such extent as he may
consider reasonable;

(6) no pension shall be payable under this sub-
section at any time in respect of more than six children
exclusive of incapacitated children;

(e) in the case of a pension granted under
paragraph (v), if the mother is a widow at the time of
the grant of the pension and subsequently re-marries
such pension shall cease as from the date of re-marriage;
and if it appears to the Governor-General at any time
that the mother is adequately provided with other means
of support, such pension shall cease as from such date
as the Governor-General may determine;

a pension granted to a female child under this
section shall cease upon the marriage of such child under
the age of nineteen years.

(2) In the case of an officer not holding a pensionable
office, the expression "pensionable emoluments" in the
preceding subsection shall mean the emolulnents enjoyed by

L4CtrS OF ANTIGUA BARBUDA

Pensions (CAP. 311

him which would have been pensionable emoluments if the
office held by him had been a pensionable office.

( 3 ) If an officer proceeding by a route approved by the
Gnvernor-General to or from Antigua and Barbuda, or from
one Island in Antigua and Barbuda to another, at the
commencement or termination of his service in Antigua and
Barbuda, or of a period of leave therefrom, dies as the result
of damage to the vessel, aircraft or vehicle in which he is
travelling, or of any act of violence directed against such
vessel aircraft or vehicle, and the Governor-General is
satisfied that such damage or act is attributable to
circumstances arising out of war in which Her Majesty may
be engaged, such officer shall be deemed, for the purposes
of this section, to have died in the circumstances described
in paragraph (a) of subsection (1):

Prolvided that this subsection shall not apply in the case
of an officer who is eligible to receive an award under
subsection (4).

(4) An officer who dies as a result of an injury received
while travelling by air in pursuance of official instructions,
which injury is not wholly or mainly due to, or seriously
aggravated by, his own serious and culpable negligence or
misconduct, shall be deemed for the purposes of this section
to have died in the circumstances described in paragraph
(a) of subsection (1):

Prcvided that in such a case the rates of pension
prescribed in sub-paragraphs (i) and (ii) of paragraph (6)
of subsection (1) shall be fifteen-sixtieths and one-sixth
respectively.

(5) (a) Where the Governor-General is satisfied that
damages have been or will be recovered in respect of
the death for which an additional pension or pension
may be granted under subsection (I) , the Governor-
General may take those damages into account against
such additional pension or pension in such manner and
to such extent as he may think fit and may withhold
or reduce the additional pension or pension accordingly.

(b) For the purposes of this subsection an officer
shall be deemed to recover damages whether they are
paid in pursuance of a judgment or order of a court

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 311) Pension3

or by way of settlement or compromise of his claim and
whether or not proceedings are instituted to enforce that
claim.

(6) For the purposes of this section-

(a) the word "brother" includes in relation to a
person, every male child of his father or mother;

( 6 ) the word "child" shall include-

(i) a posthumous child;

(ii) a step-child or illegitimate child born before
the date of the injury or contracting the
disease, as the case may be, and wholly or
mainly dependent upon the deceased officer
for support; and

(iii) an adopted child, adopted in a manner
recognized by law, before the date of the injury
or contracting the disease, as the case may be,
and dependent as aforesaid;

(c) the expression "incapacitated" means in
relation to a child, incapable by reason of some specific
bodily or mental disability of earning his own living,
and a child who is in any event too young to earn his
own living shall be treated as incapacitated for the
purposes of this section if it appears that, by reason of
any specific bodily or mental disability, he will be
incapable of earning his own living when he attains the
age at which he would otherwise be capable of doing so;

(d) the word "father" includes, in relation to a
person, his stepfather and a male person by whom he
has been adopted;

(e) the word "mother" includes, in relation to a
person, his stepmother and a female person by whom
he has been adopted;

V) the word "sister" includes in relation to a
person, every female child of his father or his mother.

Act not
applicable to

19. The members of the police force, except Gazetted
police force. Police Officers, shall not come under the provisions of this

Act.

LAWS OF ANTIGUA AND BARBUDA

Pensions (CAP. 311 2 1

20. (1) The provisions of this Act shall apply- Application of
Act.

(a) to every officer appointed to the public service-

(i) after the commencement of this Act; or

(ii) before the commencement of this Act, to whom
it was intimated before appointment that he
would be liable to be affected by any change
in the pensions law of Antigua and Barbuda;
and

( 6 ) to every officer serving in Antigua and Barbuda
at the commencement of this Act, or transferred from
Antigua and Barbuda to any other public service before
the date of such commencement and still in the public
service on that date, unless not later than twelve months
after such commencement or within such further period
as the Governor-General may in any special case allow,
he gives notice in writing to the Governor-General of
his desire that the provisions of the Acts set out in the
Second Schedule to this Act and the Regulations made
thereunder shall apply to him, in which case they shall
continue to apply accordingly.

(2) If any officer who shall have given notice under
paragraph (b) of the preceding subsection is thereafter
re-appointed to the service of Antigua and Barbuda, the
provisions of this Act shall apply to him in respect of his
whole service:

Provided that except where such an officer shall
eventually become eligible for a pension or gratuity under
this Act in respect of his service both before and after his
re-employment, a pension or gratuity granted to him solely
in respect of service prior to such re-employment shall not
be recomputed.

2 1. (1) Notwithstanding the provisions of section 20 re-opt.
any officer who has given notice to the Governor-General
of his desire that the provisions of the Acts set out in the
Second Schedule and the Regulations made thereunder shall
apply to him, may, before the day on which he actually retires
from the public service, or before the 31st day of
December, 1966, whichever shall be the earlier, notify the
Governor-General of his desire to have the provisions of this

LAWS aF ~ T I G U A ND BARBUDA

3 2 CAP. 311) Pensions

Act apply to him instead, and in such case the provisions
of this Act shall be deemed to apply and always to have
applied to him.

(2) If any such officer as aforesaid notifies the Governor-
General as aforesaid of his desire to have the provisions of
this Act apply to him, such option shall be final and
irrevocable for all purposes.

(3) If any officer dies while in the public service, and
before he can exercise the new option referred to in sub-
section ( I ) , he shall be deemed to have opted to have the
provisions of this Act apply to him if it is to his advantage
so to do.

(4) It shall be lawfu! for the Governor-General upon
the application of any officer who retired between the 1st
of January, 1966 and the 8th of July, 1966 to direct that
the provisions of this Act shall apply to that officer instead
of the Acts set out in the Second Schedu!e to this Act.

FIRST SCHEDULE T O THE ACT S. 3
REGULATIONS FOR THE GRANTING OF

PENSIONS, GRATUITIES AND OTHER
ALLOWANCES T O OFFICERS

PART I

PRELIMINARY

Short title. 1. These Regulations may be cited as the Pensions
Regulations.

Interpretation. 2. In these Regulations-

"qualifying service" means service which may be taken into
account in determining whether an officer is eligible by
length of service for pension, gratuity or other allowance;

"pensionable service" means service which may be taken into
account in coniputing pension under these Regulations;

"the Act" means the Pensions Act

LAWS OF ANTIGUA AND BARBUDA

Pensions (CAP. 311 2 3

PART I1

OFFICERS WITHOUT OTHER
PUBLIC SERVICE

3. Save when the Governor-General in any special case Application of
otherwise directs, this Part of these Regulations shall not apply Part 'I.
in the case of any officer transferred to or from the service of
Antigua and Barbuda from or to other public service except for
the purpose of determining whether such officer would have been
eligible for pension or gratuity, and the amount of pension or
gratuity, for which the officer would have been eligible, if the service
of the officer had been wholly under the Government.

4. Subject to the provisions of the Act and of these Pension to whom
Regulations, every officer holding a pensionable office under the ~ ~ ~ ~ b , " , ~ ~ ~ t e s
Government, who has been in service under the Government in
a civil capacity for ten years or more, may be granted on retirement
a pension at the annual rate of one six-hundredth of his pensionable
emoluments for each complete month of his pensionable service.

5 . Every officer, otherwise qualified for a pension, who Gratuities where
length of service

has not been in service under the Government in a civil capacity does not qualify
for ten years, may be granted on retirement a gratuity not exceeding for pension.
five times the annual amount of the pension which, if there had
been no qualifying period, might have been granted to him under
regulation 4.

6. Where a female officer, who has been in the public service Marriage
under the Government for not less than five years and has been Gratuities'
confirmed in a pensionable office, retires from that service either-

(a) because of her intention to marry (which intention
shall be notified to the Governor-General at the time of
retirement) and marries within three months of her retire-
ment; or

(b) within six months after her marriage,

and she is not eligible for the grant of any pension or otherwise
eligible for gratuity under this Part of these Regulations, she may
be granted, on production within six months after her retirement,
or such longer period as the Governor-General may in any par-
ticular case allow, of satisfactory evidence of her marriage, a
gratuity of an amount not exceeding-

(a) one year's pensionable emoluments; or

( 6 ) five times the annual amount of the
pension which might have been granted to her
under regulation 4 of these Regulations had there

LAWS OF ANTIGUA AND BARBUDA

CAP. 311) Pensions

been no qualifying period and had that regulation
been applicable to her,

whichever amount shall be the less

PART I11

TRANSFERRED OFFICERS

Application of 7. This Part of these Regulations shall apply only in the
Part 111. case of an officer transferred to or from service under the

Government from or to other public service.

Interpretation. 8. (1) In this Part and Part IV of these Regulations
"Scheduled Government" means-

(a) the Government of any territory, or any authority,
mentioned in the First Schedule to these Regulations;

(b) the Government of Ceylon, in respect of any officer
appointed to service under that ~ o v e r n m e n t before the 4th
day of February, 1948;

(c) the Government of Palestine, in respect of any officer
appointed to service under that Government before the 15th
day of May, 1948;

(d) the Government of the Somali Republic in respect
of an officer appointed to service under the Government of
the Somaliland Protectorate before the 26th day of June, 1960;
and

( e ) the Government of Cyprus, in respect of any officer
appointed to service under that Government before the 16th
day of August, 1960.

V) the East African Common Services Organisations in
respect of any person deemed to have been appointed or
appointed to service as President, Vice-President, Justice of
Appeal, Registrar, officer or servant of the Court of Appeal
for Eastern Africa by or under the Eastern Africa Court of
Appeal Order in Council, 1961;

(g) the Interim Commissioner for the West Indies in
respect of any person deemed to have been appointed or
appointed to service as Judge, Registrar, Officer or servant
of the British Caribbean Court of Appeal by or under the
British Caribbean Court of Appeal Order in Council, 1962.

"Service in the Group" means service under the Government
and under a Scheduled Government or Scheduled
Governments.

LAM'S OF ANTIGUA AND BARBUDA

Pensions (CAP. 31 1 2 5

(2) For the purpose of these Regulations-

(a) any officer in public service under the Government
of the Federation of Rhodesia and Nyasaland immediately
before the 1st January, 1964, who was immediately before
that date employed on secondment to service under the
Governent of Southern Rhodesia, or Northern Rhodesia or
Nvasaland. or was as from that date so em~loved. shall be

L , ,

deemed to continue to serve in public service under the
Government of the Federation of Rhodesia and Nyasaland
until his employment on secondment is terminated;

( 6 ) any pension awarded on or after the 1st January,
1964 in respect of service under the Government of the
Federation of Rhodesia and Nvasaland shall be deemed to
have been granted by that Government notwi ths td ing the
provisions of the Federation of Rhodesia and Nyasaland
(Dissolution) Order in Council, 1963.

(3) Where an officer to whom this Part of these Regulations
applies is, on his retirement from the public service, not granted
a pension or gratuity in respect of his employment in the service
in which he is last employed, solely by reason of the fact that he
has not held office or pensionable office therein for a specified
period, he should nevertheless be deemed for the purposes of this
Part of these Regulations to have retired in circumstances in which
he is permitted by the law or regulation of the service in which
he is last employed to retire on pension or gratuity.

9. (1) Where the other ~ u b l i c service of an officer to whom Pension for , ,
this Part of these Regulations applies has been wholly under one z::~: up^
or more Scheduled Governments and his areregate service would -" "
have qualified him had it been wholly under the Government for
a pension under the Act, he may, subject as mentioned in the
proviso to paragraph (b) of section 6 of the Act on his retirement
from the public service in circumstances in which he is permitted
by the law or regulations of the service in which he is last employed
to retire on pension or gratuity, be granted in respect of his service
under the Government a pension of such an amount as shall bear
the same proportion to the amount of pension for which he would
have been eligible had his service been wholly under the
Government as the aggregate amounts of his pensionable
emoluments during his service under the Government shall bear
to the aggregate amounts of his pensionable emoluments throughout
his service in the Group.

(2) In determining for the purposes of this regulation the pen-
'sion for which an officer would have been eligible if his service
had been wholly under the Government-

LAWS OF ANTIGUA AND BARBUDA

2 6 CAP. 311) Pensions

(a) in the application of regulation 19, his pensionable
emoluments shall be determined by reference to the
pensionable emoluments enjoyed by him at the date of
retirement from the public service or during the three years
or lesser period preceding that date, as the case may be, except
that where the officer is not serving under a Scheduled
Government at that date, the date upon which he was last
transferred from the service of the Scheduled Government
shall be deemed to be the date of his retirement for the
purposes of this sub-paragraph;

(b) no regard shall be had to an additional pension under
regulation 23 or regulation 24 ;

(c) regard shall be had to the condition that pension may
not exceed two-thirds of his highest pensionable emoluments;

(d) no period of other public service under a Scheduled
Government in respect of which no pension or gratuity is
granted to him shall be taken into account.

( 3 ) For the purposes of this regulation the aggregate amount
of an officer's pensionable emoluments shall be taken as the total
amount of pensionable emoluments which he would have received
or enjoyed had he been on duty on full pay in his substantive
office or offices throughout his period of service in the Group
subsequent to the attainment of the age of twenty years:

Provided that-

(a) in calculating the aggregate amount of his pensionable
emoluments, no account shall be taken of any service under
the Government or a Scheduled Government in respect of
which no pension or gratuity is granted to him by the
Government or Scheduled Government, as the case may be;

(b) where any service in a civil capacity otherwise than
in a pensionable office is taken into account as pensionable
service, the officer's aggregate pensionable emoluments during
that service shall be taken into account to the same extent
as that service is taken into account as pensionable service.

Pension where 10. (1) Where the other public service of an officer to whom
other service not
within the this Part of these Regulations applies has not included service under
Group. any of the Scheduled Governments, and his aggregate service would

have qualified him, had it been wholly under the Government,
for a pension under these Regulations, he may, subject as
mentioned in the proviso to paragraph (b) of section 6 of the Act,
on his retirement from the public service in circumstances in which
he is permitted by the law or regulations of the service in which
he is last employed to retire on a pension or gratuity, be granted

LAWS OF ANTIGUA ATD BAREUDA

Pensions (CAR. 311 27

in respect of his service under the Government a pension at the
annual rate of one six-hundredth of his pensionable emoluments
for each complete month of his pensionable service under the
Government.

(2) Where the officer is not in service under the Government
at the time of such retirement, his pensionable emoluments for
the purposes of the preceding paragraph shall be those which would
have been taken for the purposes of computing his pension if he
had retired from the public service and been granted a pension
at the date of his last transfer from service under the Government.

11. Where a part only of the other public service of an Pension when
officer to whom this Part of these Regulations applies has been ~ ~ ~ ~ : ~ f ~ a n d
under one or more of the Scheduled Governments, thepsovisions not within the
of regulation 9 shall apply; but in calculating the amount of pension, Group.
regard shall be had only to service in the Group

12. Where an officer to whom this Part of these Regulations Gratuities where
applies retires from the public service in circumstances in which k,",",ttzf ;=$;
he is permitted by the law or regulations of the service in which for pension.
he is last employed to retire on pension or gratuity, but has not
been in the public service in a civil capacity for ten years, he may
subject as mentioned in the proviso to paragraph ( 6 ) of section 6
of the Act be granted in respect of his service under the Government
a gratuity not exceeding five times the annual amount of the pension
which, if there had been no qualifying period, might have been
granted to him under regulation 9, 10 or 11, as the case may be.

13. Where a female officer to whom this Part of these Marriage
Regulations applies retires or is required to retire from the public Gratuities.
service for the reason that she is about to marry or has married,
and-

(i) would have been eligible for a gratuity under
regulation 6 of these Regulations if her public service
had been wholly under the Government; and

(ii) is not eligible for the grant of any pension or
otherwise eligible for gratuity under this Part of these
Regulations,

she may be granted in respect of her public service under
the Government a gratuity of an amount not exceeding five
times the annual amount of the pension for which she would
have been eligible under regulation 9, 10 or 11 had there
been no qualifying period and had regulations 9, 10 or 11,
as the case may be, been applicable to her:

LAWS OF ANTIGUA AND BARBUDA

28 CAP. 311) Pensions

Provided that for the purpose of computing the amount of
such a gratuity-

(a) in relation to a pension under regulation 9 or 11,
sub-paragraph (6) of paragraph (2) of regulation 9 shall have
effect as if the reference therein to two-thirds of her highest
pensionable emoluments were a reference to one-fifth of her
annual pensionable emoluments;

(b) in relation to a pension under regulation 9, 10 or
11, the annual amount of that pension shall not exceed one-
fifth of her annual pensionable emoluments.

PART IV

GENERAL

General rules as 14. (1) Subject to the provisions of these Regulations,
to qualifying
service and qualifying service shall be the inclusive period between the date
pensionable on which an officer begins to draw salary in respect of public service
service. and the date of his leaving the public service, without deduction

of any period during which he has been absent on leave.

(2 ) No period which is not qualifying service by virtue of
the foregoing paragraph shall be taken into account as pensionable
service.

(3) No period during which the officer was not in public
service shall be taken into account as qualifying service or as
pensionable service.

Continuity of 15. (1) Except as otherwise provided in these Regulations,
service. or unless directed otherwise by Cabinet, only continuous service

shall be taken into account as qualifying service or as pensionable
service:

Provided that any break in service caused by temporary
suspension of employment not arising from misconduct or voluntary
resignation shall be disregarded for the purposes of this paragraph:

Provided that any person holding office in the service of the
Government of Palestine immediately before the 15th day of May,
1948, shall be deemed to continue in his office until either he is
appointed to the service of the Crown elsewhere, or, if he is not
so appointed, he retires or is removed from office.

(2) An officer-

(a) whose pension has been suspended under section 12
of the Act or under a corresponding provision in any law

LAWS OF ANTIGUA AND BARBUDA

Pensions (CAP. 311 29

or regulation relating to the grant of pensions in respect of
public service; or

(b) who has retired from the public service without
pension on account of ill-health, abolition of office, or
re-organisation designed to effect greater efficiency or
economy, and has subsequently been re-employed in the
public service; or

(c) who has left pensionable service under the Teachers 15 & 16 Gee. 5
(Superannuation) Act, 1925, with a view to entering public C'59.
service not being service pensionable under the said Act and
has, not later than three months after leaving such first
mentioned service, received any salary in respect of
employment in public service not so pensionable

may, if the Governor-General thinks fit, be granted thqens ion
or gratuity for which he would have been eligible if any break
in his public service immediately prior to such suspension,
re-employment or employment had not occurred, such pension
to be in lieu of-

(i) any pension previously granted to him from funds
of Antigua and Barbuda; and

(ii) any gratuity so granted which is required to be
refunded as a condition of the application to the
officer of this regulation,

but additional to any gratuity so granted which is not re-
quired to be refunded as aforesaid.

16. NO period during which an officer shall have been Leave without
absent from duty on leave without salary shall be taken into account
as pensionable service unless such leave shall have been granted
on grounds of public policy with the approval of the
Governor-General.

17. When an officer, during some period of his service, Seryice in Her
has been on the active list of the Royal Navy, the Army or the Ma~eSty'S Forces.
Royal Air Force, and pension contributions have been paid in
respect of that period from the funds of Antigua and Barbuda
or of any Scheduled Government and have not been refunded,
such period shall not be taken into account as pensionable service.

18. Where an officer holding a ens ion able office retires Teaching service
from the service of Antigua and Barbuda in circumstances in which , " , " ~ e ~ i , " ~ ~ ' ~ , " "
he is eligible- service.

(a) for a pension or gratuity under these Regulations; and

LAWS OF ANTIGUA AND BARBUDA

3 0 CAB. 311) Pensions

(b) for a pension or gratuity under the Denominational
School Teachers' Pension Act in this regulation hereinafter
referred to as "that Act",

then, if his service which, but for this regulation, would be
pensionable only under that Act, was immediately followed by
pensionable service under these Regulations (which said services
are in these Regulations referred to as "combined service") the
Governor-General may, either generally or in any particular case,
direct that such service which is pensionable under that Act may
be taken into account as though it were pensionable service under
these Regulations:

Provided that-

(i) where any such direction has been given, any
pension or gratuity granted under these Regulations
shall-

(a) in the case of an officer whose combined
service shall have been wholly in Antigua and
Barbuda be in lieu of any pension or gratuity for
which the officer is eligible under that Act; or

(6) in the case of an officer whose service as
a teacher within the meaning of that Act shall have
been partly in Antigua and Barbuda and partly
in another part of the Leeward Islands, be in lieu
of any pension or gratuity for which the officer
is eligible under that Act, and be paid charged and
apportioned in the manner provided in section 4
of the Act and for that purpose such service shall
be deemed to be service under the Government
of Antigua and Barbuda, and

(ii) any break in service which may be disregarded under
the provisions of regulation 15 may likewise be
disregarded in determining for the purposes of this
regulation whether the period of service which is
pensionable under that Act was immediately followed
by pensionable service under these Regulations.

Emoluments to 19. (1) For the purpose of computing the amount of the
be taken for
computation of pension or gratuity of an officer who has had a period of not less
pensions, etc. than three years' pensionable service before his retirement-

(a ) in the case of an officer who has held the same office
\ I

for a period of three years immediately preceding the date
of his retirement, the full annual pensionable emoluments
enjoyed by him at that date in respect of that office shall
be taken;

LAWS OF ANTIGUA AND BARBUDA

Pensions (CAP. 311

(b) in the case of an officer who at any time during such
period of three years has been transferred from one office
to another, but whose pensionable emoluments have not been
changed by reason of such transfer or transfers, otherwise
than by the grant of any scale increment, the full annual pen-
sionable emoluments enjoyed by him at the date of his retire-
ment in respect of the office then held by him shall be taken;

(c) in other cases one-third of the aggregate pensionable
emoluments enjoyed by the officer in respect of his service
during the three years of his service immediately preceding
the date of his retirement shall be taken:
Provided that-

(i) if such one-third is less than the highest annual
pensionable emoluments enjoyed by h i m d e date
of any transfer within such period of three years those
annual pensionable emoluments shall be taken; and

(ii) if such one-third is less than the annual pensionable
emoluments which would have been enjoyed by him
at the date of his retirement, if he had continued
to hold any ofice from which he has been transferred
at any time during such period of three years, and
had received all scale increments which, in the
opinion of the Governor-General, would have been
granted to him, the annual pensionable emoluments
which would have been so enjoyed shall be taken.

(2) For the purpose of determining under paragraph (1) the
pensionable emoluments that an officer has enjoyed or would have
enjoyed, as the case may be, he shall be deemed-

(a ) to have been on duty on full pensionable emoluments
throughout the period of three years immediately preceding
the date of his retirement; and

(6) to have enjoyed the benefit of any increase due to
a general revision in the pensionable emoluments of any office
held by him as if such increase had been payable throughout
such period of three years.

(3) For the purpose of computing the amount of pension or
gratuity of an officer who has had a period of less than three years'
pensionable service before his retirement-

(a) the average annual pensionable emoluments enjoyed
by him during such period shall be taken;

LAWS OF ANTIGUA AND BARBUDA

3 2 CAP. 311) Pensions

(b) he shall be deemed to have been on duty on full
pensionable emoluments throughout such period; and

(c) he shall be deemed to have enjoyed the benefit of
any increase due to a revision in the pensionable emoluments
of any office held by him as if such increase had been payable
throughout such period.

(4) The estimated value of free quarters in respect of service
under the Government shall be calculated at the rate of one-sixth
of the actual salary of the office.

Service in non- 20. Only service in a pensionable office shall be taken into
pensionable
office. account as pensionable service:

Provided that-

(1) Where a period of service in a civil capacity otherwise
than in a pensionable office is immediately followed by service
in a pensionable office and the officer is confirmed therein, such
period may, with the approval of the Governor-General, be so
taken into account.

(2) Any break in service which may be disregarded under
the provisions of regulation 15 may likewise be disregarded in
determining for the purposes of the preceding proviso whether
one period of service immediately follows another period of service.

(3) (a) Where an officer has been transferred from a
pensionable office in which he has been confirmed to a non-
pensionable office and subsequently retires either from a
pensionable office or a non-pensionable office, his service in
the non-pensionable office may, with the approval of the
Governor-General, be taken into account as though it were
service in the pensionable office which he held immediately
prior to such transfer and at the pensionable emoluments
which were payable to him at the date of the transfer.

(b) Where a period of service in a non-pensionable office
is taken into account under this regulation, the officer shall,
during that period, be deemed for the purpose of regulations
6, 23 and 24 to be holding a pensionable office, and, where
that period is taken into account under the preceding proviso,
to have been confirmed therein.

Acting service. 2 1. Any period during which an officer has performed only
acting service in an office may be taken into account as pensionable
service (subject, if the office is a non-pensionable office, to the

LAWS OF ANTIGUA AND BARBUDA

Pensions (CAP. 311 3 3

provisions of the preceding regulation) if the period of such ac-
ting service-

(a) is not taken into account as part of his pensionable
service in other public service, and

(b) is immediately preceded or followed by service in
a substantive capacity in a pensionable office under the same
government or authority,

and not otherwise.

22. Save as otherwise provided in these Regulations, there Service under
shall not be taken into account as pensionable service- age of 20 or on probation or

agreement.
(a) any period of service while the officer was under the

age of twenty years, or

(b) any period of service while he was on probation or
agreement, unless without break of service he is confirmed
in a pensionable office in the public service:

Provided that any break of service which may be
disregarded under the provisions of regulation 15 may likewise
be disregarded in determining whether the officer is confirmed
in a pensionable office without break of service.

PART V

SUPPLEMENTARY

23. If an officer holding a pensionable office retires from Abolition of
the public service in consequence of the abolition of his office or ~ ~ , " ~ g ~ ~ ~ a t i o n .
for the purpose of facilitating improvements in the organization
of the department to which he belongs, by which greater efficiency
or economy may be effected-

(a) he may, if he has been in a public service for less
than ten years, be granted in lieu of any gratuity, under
regulation 5 or regulation 12, a pension under regulation
4, 9, 10 or 1 I , as the case may be, as if the words "for ten
years or more" were omitted from regulation 4;

(b) he may, if he retires from the service of Antigua and
Barbuda, be granted an additional pension at the annual rate
of one-sixtieth of his pensionable emoluments for each
complete period of three years' pensionable service:

Provided that-

(i) the additioaal shall not exceed ten-sixtieths; and

(ii) the addition together with the remainder of the
officer's pension shall not exceed the pension for
which he would have been eligible if he had

LAWS OF ANTIGUA AND BARBUDA

34 CAP. 311) Pensions

continued to hold the office held by him at the date
of his retirement, and retired on reaching the age
at which he may be required to retire without the
approval of the Governor-General, having received
all increments for which he would have been eligible
by that date.

Officers injured 24. (1) This Regulation shall apply to an officer who while
or contracting
diseases in the in the service of Antigua and Barbuda either-
discharge of their
duties. (a) is permanently injured in the actual discharge of his

duty by some injury specifically attributable to the nature
of his duty which is not wholly or mainly due to, or seriously
aggravated by, his own serious and culpable negligence or
misconduct; or

( 6 ) contracts a disease to which he is specifically exposed
by the nature of his duty, not being a disease wholly or mainly
due to, or seriously aggravated by, his own serious and
culpable negligence or misconduct.

(2) In this regulation, unless the contrary intention appears,
references to an officer being injured and to the date on which
an injury is sustained shall respectively be construed as including
references to him contracting such a disease as is mentioned in
paragraph (1) and to the date on which such disease is contracted.

(3) Where an officer to whom this regulation applies is holding
a pensionable office in which he has been confirmed-

(a) he may, if his retirement is necessitated or materially
accelerated by his injury and he has been in the public service
for less than ten years, be granted, in lieu of any gratuity
under regulation 5 or regulation 12, a pension under
regulation 4, 9, 10 or 11, as the case may be, as if the words
" for ten years or more" were omitted from the said
regulation 4;

( 6 ) he may be granted on retirement an additional
pension, at the annual rate of the proportion of his actual
pensionable emoluments at the date of his injury appropriate
to his case as shown in the following table-

When his capacity to contribute to his own support is-

slightly impaired-five-sixtieths;
impaired-ten-sixtieths;
materially impaired-fifteen-sixtieths;
totally destroyed-twenty-sixtieths:

LAWS OF ANTIGUA AND BARBUDA

Ansions (CAP. 311

Provided that the amount of the additional pension may
be reduced to such an extent as the Governor-General shall
think reasonable where the injury is not the cause or the sole
cause of retirement.

(4) ( a ) Where an officer to whom this regulation applies is
not holding a pensionable office, or is holding a pensionable
office in which he has not been confirmed, he may be granted
on retirement a pension of the same amount as the additional
pension which might be granted to him under paragraph ( 3 ) ,
if his office were a pensionable office and he had been
confirmed therein.

( b ) The provisions of regulation 25 shall not apply to
a pension granted under this paragraph. -
(5) ( a ) If, for the purpose of assessing the amount of any
additional pension or pension to be granted under sub-
paragraph (b) of paragraph ( 3 ) or under paragraph (4) to
any officer to whom this regulation applies, the degree of
permanent impairment of his capacity to contribute to his
support is in doubt, he may be granted a provisional award
to have effect until such time as the degree of permanent
impairment can be determined.

( b ) The provisions of regulation 25 shall not apply to
an award made under this paragraph.

(6) If an officer proceeding by a route approved by the
Governor-General to or from Antigua and Barbuda, or from one
island in Antigua and Barbuda to another, at the commencement
or termination of his service in Antigua and Barbuda, or of a
period of leave therefrom is permanently injured as the result of
damage to the vessel, aircraft or vehicle in which he is travelling,
and the Governor-General is satisfied that such damage or act
is attributable to circumstances arising out of any war in which
Her Majesty may be engaged, such officer shall be deemed for
the purpose of this regulation to have been injured in the
circumstances described in paragraph (1).

(7) An officer who is permanently injured while travelling
by air in pursuance of official instructions, and whose injury is
not wholly or mainly due to, or seriously aggravated by, his own
serious and culpable negligence or misconduct, shall be deemed

'for the purposes of this regulation to have been injured in the
circumstances described in paragraph (I):

LAWS OF ANTIGUA AND BARBUDA

3 6 CAP. 311) Pensions

Provided that in such a case the rates of pension prescribed
in paragraph (3) shall be seven and a half sixtieths, fifteen-sixtieths,
twenty-two and a half sixtieths and thirty-sixtieths respectively.

(8) Neither sub-paragraph ( b ) of paragraph (3) nor
paragraph ( 4 ) shall apply in the case of an officer selected for
appointment to the service of Antigua and Barbuda on or after
the coming into force of the Act who, in consequence of his injury,

cap. 475. is entitled to compensation under the Workmen's Compensation
Act.

( 9 ) Neither paragraph (3) nor paragraph (4) shall apply in
the case of an officer who in consequence of his injury is entitled
under the Colonial Superannuation Scheme to benefits
corresponding to the benefits granted under those paragraphs.

(10) (a) Where the Governor-General is satisfied that
damages have been or will be recovered by an officer in respect
of an injury for which an additional pension or pension may
be granted under sub-paragraph (b) of paragraph (3) or under
paragraph (4 ) , the Governor-General may take those damages
into account against such additional pension or pension in
such manner and to such extent as he may think fit and may
withhold or reduce the additional pension or pension
accordingly.

(b ) For the purpose of this paragraph an officer shall
be deemed to recover damages whether they are paid in
pursuance of a judgment or order of the Court or by way
of settlement or compromise of his claim and whether or not
proceedings are insAtuted to enforce that claim.

Gratuity and 25. ( 1 ) Any officer to whom a pension is granted under
reduced pension. the Act may, at his option exercisable as in this regulation provided,

be paid in lieu of such pension, a pension at the rate of three-
fourths of such pension together with a gratuity equal to twelve
and a half times the amount of the reduction so made in the
pension:

Provided that in the application of this regulation to cases
where the limitation prescribed by subsection (2) of section 9 of
the Act operates, the words "such pension" shall mean the amount
of pension which the officer might have drawn from the funds
of Antigua and Barbuda if he had not exercised his option under
this regulation.

LAWS OF ANTIGUA AND BARBUDA

Pensions (CAP. 311 3 7

(2) The option referred to in paragraph (1) shall be exercisable
not later than the day immediately preceding the date of such
officer's retirement:

Provided that the Governor-General may, if it appears to him
in all the circumstances equitable so to do, allow him to exercise
the option at any time between the date of his retirement and
the date of award of pension under the Act.

(3) If an officer has exercised the option his decision shall
be irrevocable after the date of his retirement.

(4) If an officer who has not exercised the option dies after
the date of retirement but before a pension has been awarded under
the Act, it shall be lawful for the Governor-General to grant a
gratuity and a reduced pension as provided in paragrap&(l), as
if the officer had exercised the option before his death.

(5) The date of the exercise of the option by an officer shall
be deemed to be the date of the receipt of his written notification
addressed either to the Governor-General or to the Crown Agents
for Overseas Governments and Administrations.

26. (1) An officer holding a non- ensi ion able office who Gratuities for
officers who have is not eligible for pension (other than .a pension under regulation 24) in no,-

or otherwise eligible for gratuity from the funds of Antigua and pensionable
Barbuda may if it has been in the public service for not less than
seven years and retired from the service in one of the cases
mentioned in section 6 of the Act other than that mentioned in
paragraph (g) thereof may be granted if the Governor-General
thinks fit, a compassionate gratuity not exceeding four dollars and
eighty cents or one week's pay, whichever is greater, for each year
of his service in Antigua and Barbuda which would be pensionable
service if he were eligible for pension under these Regulations.

(2) For the purpose of this regulation-

(a) "pay" includes the value of free quarters and any
allowance which the Governor-General may think fit to
include;

(b) regulation 15 may be disregarded, but directions may
be given by the Governor-General, either generally or in any
particular case, for disregarding periods of service prior to
breaks of three years or more, to dismissal for misconduct
or to voluntary resignation, or periods during which an officer
has served less than a number of days prescribed in the
directions, and such directions shall have effect as if they
were contained in this regulation;

LAWS OF ANTIGUA AND BARBUDA

3 8 CAP. 311) Pensions

(c) an officer who, having held a non-pensionable office,
is serving on probation in a pensionable office, shall be deemed
to hold a non-pensionable office and his pay shall be deemed
to be the pensionable emoluments of the pensionable office
or the pay last received by him in respect of his service in
a non-pensionable office, whichever shall be the greater.

PART VI

TRANSITIONAL REGULATIONS

Definition of 27. The expression "serving officer" means an officer who
"serving
officer." is serving in Antigua and Barbuda at the commencement of the

Act or has been transferred from Antigua and Barbuda to other
public service before, and is still in the public service on that day:

Provided that if pension, gratuity or other allowance is granted
to such an officer in respect of service which, owing to a break
in service, does not include service in Antigua and Barbuda before
the coming into force of the Act, the said expression shall not
include him in relation to that pension, gratuity or allowance.

Pensionable 28. The pensionable emoluments of a serving officer shall
emoluments of
serving officer to include fees paid out of the Treasury of Antigua and Barbuda
include fees paid by way of salary.
as salary.

Application to 29. In the case of a serving officer the following shall, if
regulation 20. to his advantage, be deemed to be substituted for regulation 20-

No service other than service in a pensionable office, will be
taken into account in computing pensions or gratuities, except
that where the service in a pensionable office has been immediately
preceded by an unbroken period of service in an appointment other
than a pensionable office, or of service paid for out of an open
vote, or of both services, or of service in the Police Force such
period, or any part of such period, may be taken into account:

Provided always that, of the period of service paid for out
of an open vote, only two-thirds shall be counted for the purposes
of these Regulations:

Provided that when any office shall be declared a pensionable
office, the Cabinet may, by a notification published in the Gazette,
declare, with or without any terms, conditions or limitations, that
service in such office before the same was declared pensionable
may be taken into account in computing an officer's pension,
gratuity or allowance, and it shall be taken into account accordingly:

Provided further that in the case of an officer transferred to
or from the service of Antigua and Barbuda from or to other public
service, service otherwise than in a pensionable office in Antigua

LAWS OF ANTIGUA AND BARBUDA

Pensions (CAP. 311 39

and Barbuda or in other public service shall be taken into account
only if he has served in a pensionable office in Antigua and Barbuda
or that service, as the case may be.

30. In the case of an officer selected for appointment to to
regulation 24(4).

the service of Antigua and Barbuda before the coming into force
of the Act, paragraph (4) of regulation 24 shall not apply, but
the amount of additional pension under that regulation may be
reduced to such an extent as the Governor-General shall think
reasonable if compensation in respect of the injury is payable under
the provisions of the Workmen's Compensation Act. Cap. 475.

3 1. The following provisions shall apply in the case of a Preserving rights
serving officer- of ficers serving with - professional

(1) In computing the pension of such an officer, other than qualifications.
one to whom Part I11 of these Regulations applies, who on
retirement from the service, holds one of the offices mentioned
in the Second Schedule to these Regulations, the additions in the
said Schedule mentioned may be made to his period of service:

Provided that no addition shall be made which, together with
the number of years of actual service, shall amount to more than
thirty-three and a third years:

Provided also that the full addition shall not be made unless
he has served ten years in the office from which he retires, or
in an office of the same class in the said Schedule; but, if he has
served less than ten years in such an office, an addition may be
made which shall have the like proportion to the full addition which
the number of years he has served in such capacity bears to ten
years:

Provided further that no addition of years shall be made under
this regulation in excess of the number of years by which the
officer's age at the date of his entering the pensionable service
of the Crown exceeded twenty years.

(2) Where an officer has been transferred to or from the service
of Antigua and Barbuda from or to other public service and held
at the date of his transfer or retirement, as the case may be, from
the service of Antigua and Barbuda, and had held for twelve
consecutive months prior thereto, one of the offices mentioned
in the Second Schedule to these Regulations he may on his ultimate
retirement from the public service in circumstances in which he
is permitted by the law or regulations of the service in which he
is last employed to retire on pension or gratuity be granted in
addition to the pension granted to him under regulation 9, 10
s r 11, as the case may be, an additional pension which shall bear
to the additional pension which he might have received under

LAWS OF ANTIGUA AND BARBUDA

40 CAP. 311) Pensions

paragraph (1) if he had no other public service the same proportion
which the length of his pensionable service in Antigua and Barbuda
bears to the length of his total pensionable service in the public
service:

Provided that-

(a) he shall not be disqualified from receiving an
additional pension by reason of the fact that his service in
Antigua and Barbuda would not by itself have rendered him
eligible for a pension; and

( 6 ) in determining the additional pension which he might
have received if he had had no other public service, regard
shall be had to his age at the date of his entering the public
service but regard shall not be had save for the purposes of
the following proviso to the second proviso to paragraph (1);

(c) the additional pension actually granted under this
regulation shall not be greater than that which might have
been granted under paragraph (1) if he had had no other
public service.

( 3 ) This regulation shall apply only to an officer who shall
have held an office mentioned in the Second Schedule to these
Regulations before the coming into force of the Act. In computing
an addition to his service or pension under this regulation no service
subsequent to his appointment on or after the coming into force
of the Act to any other office, whether in Antigua and Barbuda
or other public service, except an office in the same class in the
said Schedule, shall be taken into account as service in an office
mentioned in that Schedule, and the addition shall be that
appropriate to the last office held by him which may be so taken
into account and his service in that office (including any other
office in the same class).

Application to 32. In the case of a serving officer the following provisions
regulation 26. shall, if to his advantage, apply in lieu of regulation 26-

(1) In the case of an officer who is not qualified for a pension . . ,
or gratuity under these Regulations, but has continuously served
in Antigua and Barbuda for fifteen years or upwards, during which
period he has been required to give his whole time to the service
of the Government, a monthly allowance may be granted to such
officer not exceeding three-fourths of the pension to which he would
have been entitled had he been employed in a pensionable office,
or in lieu of such allowance there may be paid to him a capital
sum equal to the amount of sixty of such monthly payments, but
no such capital sum shall be paid in any case of retirement on
the ground of ill-health:

LAWS OF ANTIGUA AND BARBUDA

Pensions (CAP. 311 4 1

Provided that where an officer has been transferred from a
pensionable to a non-pensionable office, he shall be entitled either-

(a) to count his service in the non-pensionable office,
as though it were service in a pensionable office at the pay
which he received immediately prior to such transfer; or

(b) to count his service in the pensionable office, as
though it were service, in the non-pensionable office, and
to take the benefit of this regulation accordingly.

(2) In sub-paragraph (a) of the preceding paragraph the word
"pay" means the emoluments enjoyed by the officer which would
have been pensionable emoluments if the office held by him had
been a pensionable office.

FIRST SCHEDULE

TO T H E REGULATIONS

Aden.
Bahamas.
Barbados.
Basutoland.
Bechuanaland Protectorate.
Bermuda.
British Antartic Territory.
British Guiana.
British Honduras.
Cayman Islands.
Ceylon.
Crown Agents for Overseas Governments and Administrations
Dominica.
East Africa High Commission.
East African Common Services Organisation.
East African Railways and Harbours Administration.
Eastern Region of Nigeria.
Falkland Islands.
Federal Republic of Nigeria (from 1st October, 1963).
Federated Malay States.
Federation of Malaya.
Federation of Nigeria.
Federation of Rhodesia and Nyasaland.
Federation of the West Indies.
Fiji.,
Gambia.

LAWS OF ANTIGUA AND BARBUDA

42 CAP. 311) Pensions

Ghana.
Gibraltar.
Gold Coast.
Grenada.
Hong Kong.
Interim Commissioner for the West Indies

Kenya.
Kenya and Uganda Railways and Harbours Administration.
~eewards 1sla;ds (before I& July, 1956).
Malawi.
Malayan Establishment.
Malayan Union.
Malaysia.
Mauritius.
Montserrat.
Nigeria.
North Borneo.
Northern Region of Nigeria.
Northern Rhodesia.
Nyasaland.
Overseas Audit Service (Home Establishment)
Republic of Zambia.
St. Christopher Nevis and Anguilla.
St. Helena.
St. Lucia.
St. Vincent.
Sabah.
Sarawak.
Seychelles.
Sierra Leone.
Singapore.
Somaliland Protectorate.
Straits Settlements.
Swaziland.
Tanganyika Territory.
Trinidad.
Turks and Caicos Islands.
Uganda.
United Kinedom of Great Britain and Northern Ireland -
Virgin Islands.
Western Pacific-

Gilbert and Ellice Islands Colony.
British Solomon Islands Protectorate.
New Hebridks.
Western Region of Nigeria.
Tonga.
Zanzibar.

LAWS OF ANTIGUA AND BARBUDA

Pensions (CAP. 311 4 3

SECOND SCHEDULE

T O T H E REGULATIONS R . 31

The number of years to be added to the period of service under
regulation 31 for the purpose of computing pensions is as follows:

For the first class .............................. Ten years.
For the second class .......................... Five years.

............................. For the third class Three years.

First Class comprises:
Judges of the Supreme Court

Second Class:
Attorney-General.

Surveyor of Public Works, when a civil engineer.

Third Class:

Crown Attorneys.
Medical Officers.

District Magistrates, when barristers-at-law or advocates of the
Scotch Bar.

Surveyor of the Public Works, not a civil engineer.

LAWS OF ANTIGUA AND BARBUDA

44 CAP. 311) Pensions

SECOND SCHEDULE T O T H E ACT S.20.

No. and
Year Short Title

The Pensions Act.
The Pensions Amendment Act, 1928.

The Pensions Consolidation Act, 1914,
Amendment Act, 1929.

The Pensions Amendment Act, 1931.
The Pensions (Amendment) Act, 1934.
The Pensions Act, 1936.

The Pensions (Validation) Act, 1939.

The Pensions (Amendment) Act, 194 1.
The Pensions (Amendment) Act, 1942.
The Pensions (Amendment) Act, 1944.

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