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Pensions Gratuities (Parliamentary and Special Offices) Act


Published: 1979

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Pension and Gratuities (Parliamenta?-y (CAP. 322 1
and Special Offices)

CHAPTER 322

THE PENSIONS AND GRATUITIES
(PARLIAMENTARY AND SPECIAL OFFICES) ACT

Arrangement of Sections
Section

PART I

PRELIMINARY

1. Short title.
2. Interpretation.

PART I1

PRIME MINISTER

3. Right of Prime Minister to pension.
4. Rate of Prime Minister's pension.
5. Prime Minister's widow's pension.

PART 111

PARLIAMENTARY AND SPECIAL OFFICES

6. Right of legislator to pension.
7. Rate of pension.
8. Cessation of pension if person in receipt thereof again

becomes a legislator.
9. Legislator's widow's pension.

PART IV

GRATUITIES

10. Interpretation.
11. Grant of gratuity to members of Parliament.
12. Time to receive gratuity.
13. Gratuity payable to personal representative.

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and Special Offices)

Section

PART V

MISCELLANEOUS

14. Source and method of payments.
15. Awards not to be assignable.
16. Disqualification from receiving gratuity or pension
17. Regulations.

FIRST SCHEDULE.
SECOND SCHEDULE.

LAWS OF ANTIGUA AND BARBUDA

Pension and Gratuities (Parliamentary (CAP. 322 3
and Special Offices)

PENSIONS AND GRATUITIES (PARLIAMENTARY
AND SPECIAL OFFICES)

(29th December, 1979.) 1211979.
1511987.
711990.

PART I

PRELIMINARY

1. This Act may be cited as the Pensions and Short title.
Gratuities (Parliamentary and Special Offices) Act. -.

2. (1) In this Act, unless the context otherwise Interpretation.
requires-

"award" means any amount payable out of the Con-
solidated Fund to any person pursuant to this Act;

"child" includes-

(a) a posthumous child;

(6) a step-child; and

(6) an adopted child, adopted in a manner
recognised by law and before the Prime
Minister or legislator last ceased to be Prime
Minister or a legislator, as the case may be;

"former legislative service" means legislative service
between the last day of January 1950 and the 26th
day of February, 1967 (both dates inclusive) as set
out in the First Schedule, and service between the First
1st day of January 1950 and the 26th day of
February 1967 (both days inclusive) as the holder
of a specified qualifying Office:

"full parliamentary term" means from the first time
that a session of Parliament is held after a General
Election to the dissolution of such Parliament;

"legislator" means a person who-

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--

(a) is a member of the Senate or the
House of Representatives; or

(b ) is the holder of a specified qualifying
office;

"Part" means a Part of this Act;

" pension" means a pension payable pursuant to
section 3 or 6;

"Prime Minister" in relation to any period prior to the
27th day of February, 1967 includes Chief Minister;

"Prime Minister's pension" means a pension payable
under Part I1 to a person who has ceased to be
Prime Minister;

< 6 salary7' means-

(a) in respect of former legislative service,
the basic salary paid to a person by virtue of
his being a member of the appropriate
legislative body specified in the First Schedule
and where applicable, in the capacity specified
during the period any such member held a
specified qualifying ofice, the basic salary paid
in respect of the office so held; and

( b ) as respects the Prime Minister or
legislator, the salary payable to the Prime
Minister or the legislator as such, but in rela-
tion to a legislator holding any specified
qualifying office means the basic salary payable
to him in respect of the office so held; and for
the purposes of this definition "salary" means
the emoluments attaching to the appropriate
office exclusive of any duty allowance, profes-
sional allowance, entertainment allowance or
other allowance whatever or any amount
provided as a contribution to office or any
other expenses:

"specified qualifying office" means any of the offices
Second Schedule. specified in the Second Schedule or any office

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and Special Offices)

designated as such by Order made by the Minister
and published in the Gazette.

"widow" includes widower.

(2) Where the Minister by Order made under subsection
(1) designates any office to be specified qualifying office for
the purposes of this Act, he may, by Order made in like
manner, prescribe any conditions upon which service in that
office shall be service as a legislator for the purposes of this
Act, and the provisions of this Act shall have effect
accordingly.

--

PART I1

PRIME MINISTER

3. (1) Every person who having held office of Prime E;2S;f :$me
Minister on or after the 27th day of February 1967, for one pension,
full parliamentary term or for periods equal in the aggregate
to five years ceases at any time thereafter to be Prime Minister
shall be paid a pension under this Act with effect from the
date on which he ceases to be Prime Minister and, subject
to subsection (2) and section 16 such pension shall continue
to be paid during the lifetime of that person.

(2) The Prime Minister's pension shall, if the person
to whom it is payable becomes entitled to salary as a legislator
or as Prime Minister, cease to be payable during any period
in respect of which that person is in receipt of salary as a
leqislator or as Prime Minister but where the Prime "
Minister's pension exceeds the rate of such salary, nothing
in this subsection shall prevent the payment of such pension - .
to the extent of such excess.

4. The Prime Minister's pension shall be two-thirds Rate of Prime
Minister's

of the highest annual rate of salary paid to such person at pension.
any time as Prime Minister or seventy-two thousand dollars
per annum, whichever is the greater; but where a person
has had continuous service as Prime Minister for more than
eleven years such pension shall be at a rate equivalent to
h s highest full annual pensionable salary paid to such person
as Prime Minister.

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6 CAP. 322) Pensions and Gratuities (Parliamentary
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Prime Minister's 5 . (1) Where a person dies while he is Prime Minister
widow's pension.

or while he is entitled to receive the Prime Minister's pension
and he leaves a widow, the widow shall, subject to subsection
(2), be paid a pension at an annual rate equivalent to sixty-
six and two-thirds per cent of the Prime Minister's pension.

(2) A widow mentioned in subsection (1) shall not be
entitled to receive and shall not be paid a pension under
this section in respect of any period after her re-marriage.

PART I11

PARLIAMENTARY AND SPECIAL OFFICES

Right of
legislator t o

6. (1) Subject to this Act, a pension shall be paid to
pension. any person who-

(a) has served as a legislator for two consecutive
full parliamentary terms or for periods equal in the
aggregate to not less than 10 years;

( b ) has ceased to be a legislator; and

(G) either-

(i) has attained the age of 50 years; or

(ii) not having attained the age of 50 years, has
produced medical evidence, by not less than
two qualified medical practitioners; to the
satisfaction of the Minister, that he is incapable
by reason of infirmity of mind or body of
discharging the duties of a legislator and that
such infirmity is likely to be permanent.

(2) For the purposes of this Act, a person shall be
deemed to have served as a legislator if he was a member
of the Senate or of the House of Representatives on or after
the 27th day of February, 1967, and in determining, for the
purposes of this Act, the length of service of any person as
a legislator account shall be taken of former legislative service.

(3) For the purposes of this section-

(a) a person does not cease to be a legislator by
reason only of the dissolution of Parliament;

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(b) a person who immediately before the dissolu-
tion of Parliament was a member of the Senate or the
House of Representatives shall cease to be a member
of the Senate or the House of Representatives if he is
not such a member when the Senate or the House of
Representatives first meets next following the dissolu-
tion, and if he so ceases shall be deemed to have ceased
to be a member of the Senate or the House of
Representatives from the date of the dissolution
aforesaid; and

(c ) a person who is a legislator by virtue only of
holding a specified qualifying office shall cease to be
a legislator from the date on which he ceases to hold
such office. -.

(4) No computation of a pension shall be made after
a General Election until thirty days, or such longer period
not exceeding three months as may be prescribed, has elapsed
after the General Election.

(5) No pension under this Part may be paid to any
person who is in receipt of or is entitled to receive a Prime
Minister's pension.

(6) For the purposes of this Act, a person shall be
deemed to have served as a legislator for periods amounting
in the aggregate to 10 years if, irrespective of his age and
actual legislative service, he fulfills the requirements of subsec-
tion ( 1 ) (c ) (ii) and if, in the opinion of the Minister, his
incapacity to discharge the duties of a legislator is attributable
to infirmity of mind or body sustained in the course of his
service as a legislator.

7. ( 1 ) The pension payable to any person under this Rate of pension.
Part shall be-

( a ) the rate equal to sixty-six and two-thirds per
centum of his highest annual pensionable salary paid
to such person as a legislator; or

( b ) a sum of twelve thousand dollars per annum;
, whichever is the greater; but where a person has had con-

tinuous service as a legislator for more than eleven years

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and Sbecial Offices)

such pension shall be at a rate equivalent to his highest full
annual pensionable salary paid to such person as a legislator.

(2) For the purposes of subsection ( I ) , "one year's
salary" means the highest annual rate of salary payable at
any time to any person as a legislator or in respect of former
legislative service.

(3) The pension payable to any person under this Part
shall be paid with effect from the date on which that person
becomes entitled thereto pursuant to section 6 and, subject
to this Act, shall continue to be paid during the lifetime of
that person.

Cessation of 8. (1) A pension under this Part shall cease to be
pension if person
in receipt thereof payable during any period in respect of which the person
again becomes a to whom it is payable is in receipt of salary as legislator;
legislator.

but where the rate of such pension exceeds the rate of such
salary, nothing in this subsection shall prevent the payment
of a pension to the extent of such excess.

(2) At the expiration of the period referred to in subsec-
tion (1) during which a person is in receipt of salary as a
legislator, the rate of pension shall be re-calculated in accord-
ance with section 7.

(3) A pension recalculated in accordance with subsec-
tion (2) shall be paid at the recalculated rate with effect from
the date of cessation of the period of service as a legislator
which gave rise to the recalculation.

Legislator's
widow's pension.

9. (1) Where a person dies while he is a legislator
or while he is entitled to receive a legislator's pension and
he leaves a widow, the widow shall subject to subsection (2),
be paid a pension at an annual rate equivalent to sixty-six
and two-thirds per centum of the legislator's pension.

(2) A widow mentioned in subsection ( I ) , shall not be
entitled to receive and shall not be paid a pension under
this section in respect of any period after her re-marriage.

LAWS OF ANTIGUA AND BARBUDA

Pension and Gratuities (Parliamentary (CAP. 322 9
and Special O f f i s )

PART IV

GRATUITIES

10. In this Part, unless the context otherwise Interpretation.
requires-

"member of Parliament" means-

( a ) a Senator;

( 6 ) a member of the House;

(c ) a Speaker or Deputy Speaker of the House;

(6) any person who has from time to time consecu-
tively served in any two or more of the forezentioned
capacities, but does not include a person who holds the
office of Attorney-General while that office remains an
office in the public service;

"the House" means the House of Representatives.

1 . ( 1 ) In addition to the provisions of section 6, a Grant of gratuity
to members of

legislator is entitled to receive at the end of each Parliamen- parl;a,ent.
tary term, commencing from the 29th day of December,
1979, such gratuity as is specified in subsection ( 2 ) .

( 2 ) The gratuity payable under this Part shall-

( a ) where the person has served for the full
Parliamentary term, be sixty-six and two-thirds per
centum of the highest annual rate of salary paid to such
person as a member; or

( b ) where the person has served for less than the
full Parliamentary term, be fifty per centum of the
highest annual rate of salary paid to such person as a
member.

12. Immediately upon the dissolution of Parliament Time to receive
gratuity.

each member of Parliament shall apply in writing to the Clerk
to the House of Representatives or the Clerk to the Senate,
as the case may be, to be paid such gratuity as is receivable
by him under section 11.

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Gratuity payable
to personal

13. There shall be paid to the personal representative
representative. of any person who dies while a member of Parliament a

gratuity equal to twelve months salary at the rate of salary
being paid to such person at the time of his death.

PART V

MISCELLANEOUS

Source and
method of

14. ( 1 ) Any pension, annuity, allowance or gratuity
payments. of whatever kind payable under this Act is hereby charged

on and shall be paid out of the Consolidated Fund, and all
pensions and allowances payable shall be paid monthly in
arrears in equal monthly instalments as far as possible.

(2) Where for the purpose of computing a person's
eligibility for pension or gratuity under this Act, the service
of any such person as a legislator falls short by a period of
six months or less to qualify for service as legislator for full
parliamentary term, such period shall be disregarded and
the person shall be deemed to have qualified for full
parliamentary term.

Awards not to be
assignable.

15. Any award payable shall not be assignable or
transferable except for the purpose of satisfying-

( a ) a debt to Antigua and Barbuda; or

( b ) an order of any court for the payment of
periodical sums of money towards the maintenance of
the wife, former wife or child, being a minor, of the
person to whom the award is payable,

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 Antigua and Barbuda or any sum recoverable
pursuant to any such order of a court as aforesaid.

Disqualification 16. Notwithstanding any of the other provisions of
from receiving
gratuity or this Act a legislator or a member of Parliament shall be
pension. disqualified from continuing to receive or receiving any

pension or gratuity under this Act where such person has-

(a) ceased to be qualified to be elected as a member
of the House of Representatives under the provisions
of section 39 ( 1 ) (c) or V) of the Constitution; or

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and Special Offices)

( 6 ) been, at any time, convicted by a Court of
competent jurisdiction in Antigua and Barbuda of any
offence in connection with his public duties committed
at such time as he served as such legislator or member
of Parliament.

17. (1) The Minister may, subject to the other pro- Regulations.
visions of this Act, make regulations-

( a ) prescribing, in the case of any pension or
allowance payable under this Act, the days on which
the payment of pension or allowance shall be made;

(b ) prescribing, where the recipient of any pension,
allowance or gratuity under this Act is in-able of
managing his affairs, that the pension, allowance or
gratuity may be payable to another person on his behalf;

(c ) prescribed anything that may be required to be
prescribing, including such forms he considers necessary
for the administration of this Act;

(d) prescribing the manner in which, and the
person by whom, accounts of pensions, allowances and
gratuities shall be kept and recorded; and

(e) for any other purposes, whether similar to the
foregoing or not, deemed necessary to give effect to this
Act.

FIRST SCHEDULE

FORMER LEGISLATIVE SERVICE

Legislative service, other than service as a legislator or member holding an
office of emolument in the service of the Crown, between the first day of January ,
1950 and the 26th day of February 1967 inclusive, as a member of-

(a) the Legislative Council of the Presidency of Antigua;

(b) the Legislative Council of the Colony of Antigua;

(G) the General Legislature of the Leeward Islands representing Antigua
or any part thereof;

(d) the Senate or House of Representatives of the Federation of the West . Indies representing Antigua or any part thereof.

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SECOND SCHEDULE

SPECIFIED QUALIFYING OFFICES

Speaker
Minister
Attorney-General, if not a Minister
Leader of the Opposition
Parliamentary Secretary
Deputy Speaker
President of the Senate
Vice-President of the Senate.