Contributory Pensions Amendment Act 2001

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/2001/Acts/Contributory%20Pensions%20Amendment%20Act%202001.pdf

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Contributory Pensions Amendment Act 2001
CONTRIBUTORY PENSIONS AMENDMENT ACT 2001

1989 Revision 1

BERMUDA
2001 : 21

CONTRIBUTORY PENSIONS AMENDMENT ACT 2001

[Date of Assent: 20 August 2001]

[Operative Date: 6 December 2002]

WHEREAS it is expedient to amend the Contributory Pensions
Act 1970:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act, which amends the Contributory Pensions Act 1970,
may be cited as the Contributory Pensions Amendment Act 2001.

Amends section 17A of Act No 522 of 1970
2 The Contributory Pensions Act 1970 is amended in section
17A—

(a) by deleting subsection (1) and substituting the
following—

" (1) An insured person over 18 years of age and
under pension age who is incapacitated for gainful
employment by reason of—

(a) any physical or mental disability;

(b) any terminal illness,

shall be entitled to a contributory disability benefit of
$102.08 a week in accordance with subsection (1A).

CONTRIBUTORY PENSIONS AMENDMENT ACT 2001

2 1989 Revision

(1A) For the purposes of subsection (1), the insured
person is entitled to a contributory disability benefit
where—

(a) he was gainfully employed immediately
preceding the date of becoming incapacitated;

(b) subject to subsection (1B), the incapacity is of a
continuous nature extending over a period of 52
weeks or more;

(c) he has paid not less than 150 contributions;

(d) the yearly average of contributions paid by or
credited to him is not less than 50; and

(e) he produces a certificate from a registered
medical practitioner—

(i) certifying the incapacity; or

(ii) in the case of an insured person who is
terminally ill, certifying that he is
terminally ill:

Provided that where the yearly average of
contributions is 25 or over but less than 50 the benefit
shall be reduced pro rata.

(1B) Where an insured person satisfies the Insurance
Officer in respect of the conditions specified in
subsection (1A)(a), (c), (d) and (e)(ii), then, for the
purposes of any entitlement to contributory disability
benefit under this section the Insurance Officer shall
from the date in the certificate until—

(a) the date of the person's death; or

(b) the date of receipt of a certificate from a
registered medical practicioner certifying that he
has recovered,

whichever occurs first, exempt that person from the
requirements of subsection (1A)(b).";

(b) by inserting next after subsection (3), the following—

" (4) For the purposes of this section, an insured person
is terminally ill if a medical practitioner certifies that he

CONTRIBUTORY PENSIONS AMENDMENT ACT 2001

1989 Revision 3

suffers from a progressive disease and his death in
consequence of that disease can reasonably be expected
within twelve months.".

Commencement
3 This Act comes into operation on such day as the Minister may
appoint by notice published in the Gazette.