Pensions

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1961-13

PENSIONS ACT

Principal Act

Act. No. 1961-13 Commencement 2.11.1961

Assent 2.11.1961

Amending

enactment

Relevant current

provisions

Regs of 13.3.1962 Sch.

Act. 1962-05 ss.2(1), 6(1)and 8(1)

Regs of 29.11.1962 Sch.

Act. 1962-24 s.2(1)

Regs of 17.12.1963 Sch.

Act. 1964-19 s.2(1)

Regs of 29.11.1962 Sch.

16. 3.1965 Sch.

Act. 1968-02 ss.2(1), 6(2) and (3), 9(2) and (4),

17(4), 17A and 18(1)

Regs. of 8.2.1962 Sch.

Act. 1972-08 s.2(1)

1973-30 s.2(1)

1974-42 ss.2(1) and 11

1975-14 ss.2(1) and 8(2)

LN. 1975/136 Sch.

Acts. 1976-27 s.2(1)

1978-20 s.17(5)

1980-03 s.2(4)

LN. 1980/069 Sch.

Act. 1982-30 s.10

1978-20 ss.2(1) and 17(5)

LN. 1985/100 rr. 2(1), 5(1), 15(4), 16(1), 19,

20(c)(i) and 27(1)

16.8.1977

1986/127 r 5(2) and (3) 1.1.1984

1989/013 r 23A 16.2.1989

1990/046 r. 16(c)(d) 10.5.1990

1990/127 Sch. 20.9.1990

1990/140 r. 19(1)(b) 25.10.1990

Act. 1990-10 ss. 2, 3, 6, 8 and 9 12.4.1990

“ ss. 7, 11, 12 and 16 18.10.1990

1991-34 s. 10 12.12.1991

LN. 1992/003 r. 16(2)(d) 9.1.1992

1992/144 r. 19(1) & (3) 26.4.1990

1993/144 Corrigendum

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1994/034 r. 5(1)(e)(2)(d) 31.3.1994

1994/112 Sch. 20.10.1994

1996/044 Sch. 28.3.1996

Act. 2003-08 s. 6(1)(c)(d) 17.11.2005

2007-17 ss. 2(1) & (4), 3(1), (2) & (3),

5(2), 6(1), 7, 9(3), 10, 11(1) & (2),

12, 14(3) & (5), 15(1), (2), (3) &

(5), 17(1), (2) & (3), 17A(1) &

(2), 18(1), (3), (5) & (7), 19, 20(2)

& Sch. 1

14.6.2007

2009-46 ss. 2(1) & 13 14.1.2010 2

2011-27 s. 3A 8.9.2011

LN. 2012/010 Sch.[r.26(1)] 9.2.2012

Act. 2013-15 s. 6(1)(f) 3.3.2007

“ s. 17(7) 1.11.2007

“ s. 8 1.7.2008

“ s. 6(1)(e) 1.4.2010

“ ss. 6(1)(c), (d), 6(1A)-(1E), 12,

16A

8.8.2013

“ Sch. [rr. 4(4), 5(2), (2)(d) & (e),

(5) & (6)]

1.1.2009

“ Sch. [r. 19(5)] 8.8.2013

Act. 2014-10 ss. 2, 6, 13(2)(b), 14(3), 18(1), (2),

(3) & Sch

28.3.2014

2015-20 ss. 2, 8(2), 8A 6.8.2015 1

English sources

None cited

1 The following regulations are amended by the 2007-17 Act - rr. 2(1) & (2), 3, 5(1) & (2),

7, 16(2), 17, 19(1), (2) & (4), 20, 24(3), (6), (8) & (9), 26(2) & (3), 27(1) & (3) 2 Notice of commencement LN. 2010/001

1 Commencement notice LN. 2015/128

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ARRANGEMENT OF SECTIONS.

Section

1. Short title.

2. Interpretation.

3. Pensions Regulations.

3A.

4. Pensions, etc., to be charged to the Consolidated Fund.

5. Pensions, etc., not of right.

6. Circumstances in which pension may be granted.

7. Retirement on grounds of public interest.

8. Compulsory retirement.

8A. Customs officers retiring from public service subject to an Early Exit

Scheme Agreement.

9. Maximum pension.

10. Reduction on account of other benefits.

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 imprisonment.

16. revoked

16A. Compensation for certain retiring officers.

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

17A. Gratuities in special circumstances.

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

received or disease contracted in the discharge of his duties.

19. War service to count for pension purposes.

20. Provision of pensions for matrons, etc.

21. Application and saving.

SCHEDULE.

Pensions Regulations.

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1961-13

Pensions

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1961-13

AN ACT FOR REGULATING PENSIONS, GRATUITIES AND OTHER

ALLOWANCES WHICH MAY BE GRANTED TO PUBLIC OFFICERS.

Short title.

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

Interpretation.

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

“Agency” means the Care Agency established under section 3 of the Care

Agency Act 2009;

“child of the family” means

(a) a child of both of the parties to a marriage or civil partnership;

(b) any other child, not being a child who is placed with those

parties as foster carer by the Agency under the Children Act

2009, who has been treated by both of those parties as a child

of their family;

“Civil Partnership” should be given the meaning given to it in the Civil

Partnership Act 2014

“civil partners” means two people in a relationship–

(a) which is formed when they register as civil partners of each

other in Gibraltar;

(b) which they are treated under Chapter 1 or Part 3 of the Civil

Partnership Act 2014 as having formed (at the time determined

by the Register) by virtue of having registered an overseas

relationship,

“customs officer” has the same meaning given under section 2 of the

Imports and Exports Act, 1986;

“designated officer” means a pensionable officer designated as such in

pursuance of the Overseas Service Act 

or the Overseas Service

Agreement (Gibraltar) 1970, or the Overseas Service (Gibraltar)

(Continuance) Agreement, 1971/76;

 The Overseas Service Ordinance is not reprinted in this edition as it appears spent.

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“equivalent United Kingdom salary” means the notional United

Kingdom salary taken into account in calculating the inducement

allowance of a designated officer, as notified to the Government of

Gibraltar by the Government of the United Kingdom;

“fire officer” includes all members of the fire service other than the Chief

Fire Officer and the assistant Chief Fire Officer:

Provided that the Government may, from time to time, by notice in

the Gazette, declare that the term “fire officer” shall or shall not

apply to any officer in the fire service specified in such notice and

such declaration may contain such provisions as may be considered

equitable for the purpose of safeguarding existing rights * ;

“house allowance” means either the estimated value of free quarters as

defined in regulations under this Act or the amount actually

allowed to rent quarters to an officer who, by the terms of his

appointment is entitled to free quarters, which amount shall not in

either case exceed eight per cent of the officer’s salary:

Provided that in the case of an officer who has enjoyed free

quarters in Gibraltar prior to the lst day of June, 1928, the words

“one-sixth” shall be substituted for the words “eight per cent” in

this definition;

“inducement allowance” means the inducement allowance referred to in

paragraph 3(a) of the Schedule to the Overseas Service Act, or

paragraph 4 (a) of the Overseas Service (Gibraltar) Agreement

1971, or paragraph 4(a) of the Overseas Service (Gibraltar)

(Continuance) Agreement 1971/76;

“inducement element” means the inducement element taken into account

in calculating the inducement allowance of a designated officer as

notified to the Government of Gibraltar by the Government of the

United Kingdom;

“non-designated officer” means a pensionable officer not designated in

pursuance of the Overseas Service Act or the Overseas Service

Agreement (Gibraltar) 1970, or the Overseas Service (Gibraltar)

(Continuance) Agreement, 1971/ 76;

“non-pensionable office” means an office which is not a pensionable

office;

* LN 1995/088 “Fire Officers” Declaration and LN 1995/120 Public Service Notice.

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“other public service” means public service not under the Government of

Gibraltar;

“pensionable emoluments”–

(a) in respect of public service of non-designated officers under

the Government of Gibraltar include–

(i) salary;

(ii) personal allowance;

(iii) house allowance;

(iv) cost of living allowance;

(v) any other allowance which, by any notice made by the

Government and published in the Gazette, is declared to

be included in the pensionable emoluments of any

pensionable officer, upon such conditions or in such

circumstances and from such date (whether before or

after the making of the notice) as may be prescribed by

such notice, but does not include any other emoluments

or allowances whatever;

(b) in respect of public service of designated officers under the

Government of Gibraltar include–

(i) equivalent United Kingdom salary; and

(ii) inducement element, but does not include any other

emoluments or allowances whatever;

(c) in respect of other public service mean emoluments which

count for pension in accordance with the law or regulations in

force in such service;

“pensionable office” means–

(a) in respect of public service under the Government, an office

which, by virtue of provision for the time being in force in a

notice made by the Government and published in the Gazette,

is declared to be a pensionable office; and any such notification

may from time to time be amended, added to, or revoked by a

notification so made and published; but where by virtue of any

such amendment or revocation any office ceases to be a

pensionable office, then so long as any person holding that

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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 relation to other public service, an office which is for the

time being a pensionable office under the law or regulations in

force in respect of such service;

“pension sharing order” shall have the meaning assigned to it by section

46A of the Matrimonial Causes Act or section 89 of the Civil

Partnership Act 2014;

“personal allowance” means a 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;

“police officer” includes all members of the civil police force other than

the Commissioner or Deputy Commissioner of Police:

Provided that the Government may, from time to time, by notice in

the Gazette, declare that the term “police officer” shall or shall not

apply to any office in the civil police force specified in such notice

and such declaration may contain such provisions as may be

considered equitable for the purpose of safeguarding existing

rights;

“prison officer” includes all members of the prison service other than the

Superintendent of the Prison:

Provided that the Government may, from time to time, by notice in

the Gazette declare that the term “prison officer” shall or shall not

apply to any officer in the prison service specified in such notice

and such declaration may contain such provisions as may be

considered equitable for the purpose of safeguarding existing

rights;

“public service” means–

(a) service in a civil capacity under the Government or the

Government of any other country or territory in the

Commonwealth;

(b) service in a civil capacity under the East African Railways and

Harbours Administration or the East African Posts and

Telecommunications Administration, the East Africa High

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Commission or the East African Common Services

Organization;

(c) service which is pensionable–

(i) under the Overseas 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 or under

the City Council of Gibraltar; or

(iv) under the National Health Service of the United

Kingdom;

(d) any other service that the Government, has determined to be

public service for the purposes of this Act;

(e) except for the purposes of the computation of a pension,

gratuity or other allowance and of section 9, service in respect

of which a pension may be granted under the Government’s

Pensions Act, 1957;

(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;

(g) service in the service of the Interim Commissioner for the West

Indies;

“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;

“spouse” means–

(a) the wife of a man; or

(b) the husband of a woman;

“week’s wages, weekly wages, pay, and week’s pay” shall have the same

meaning and shall mean, unless the context otherwise requires, a

week’s wages including any allowance which the Government may

by notice published in the Gazette declare to be included in the

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wage of any officer upon such conditions or in such circumstances

and from such date, whether before or after the making of the

notice, as he may prescribe by such notice, which would have been

received by the officer at the date of his retirement or discharge

from public service under the Government of Gibraltar if, during

that week, he had not been absent from work nor called upon to

perform any work for which he would be paid at overtime rates.

(2) For the avoidance of doubt it is hereby declared that where an officer

has been confirmed in a pensionable office 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.

(3) Where a pensionable office is abolished, and the person holding that

office retires from the public service in consequence, he shall, if the office is

abolished before that day, be deemed to have continued to hold it until the

day immediately preceding the date of his retirement.

(4) Where in consequence of a general revision of the pensionable

emoluments of any office, those pensionable emoluments are increased, and

the increase has been awarded in one or more stages, the Government may

at any time by notice published in the Gazette declare that for the purposes

of this Act the whole of the increase, or such portion of the increase as he

may specify, shall be deemed to have taken effect on the day on which the

first stage of the increase was awarded or to have taken effect on such later

day (not being after the day on which the last stage of the increase was

awarded) as he may specify.

Pensions Regulations.

3.(1) Pensions, gratuities and other allowances may be granted by the

Government in accordance with the regulations contained in the Schedule to

or in respect of officers who have been in public service under the

Government.

(2) The Government may from time to time make regulations amending,

adding to or revoking the regulations contained in the Schedule.

(3) Whenever the Government is satisfied that it is equitable that any

regulation made under this section should have retrospective effect in order

to confer a benefit upon or remove a disability attaching to any person, that

regulation may be given retrospective effect for that purpose:

Provided that no such regulation shall have retrospective effect unless it has

received, before being made, the approval of the Parliament signified by

resolution.

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(4) All regulations made under this Act shall have the same force and

effect as if they were contained in the Schedule and the expression “this

Act” shall, wherever it occurs in this Act, be construed as including a

reference to the Schedule.

(5) Any pension, gratuity or other allowance granted under this Act shall

be computed in accordance with the provisions in force or, having been

made in accordance with subsection (3), which may be deemed to be in

force at the actual date of an officer’s retirement or death while in the public

service, as the case may be.

3A(1) Notwithstanding any provision in this Act to the contrary the

provisions of the other sections of this Act and of the Regulations contained

in the Schedule shall not apply to any officer or other person referred to in

sub-section (2) below.

(2) The officers and other persons referred to in sub-section (1) above

are–

(i) any person who transfers to the service of the

Government from the service of the Gibraltar

Development Corporation; and

(ii) any person who enters the public service on or after the

first day of January 2012.

(3) The Government may, by Regulations, make for the benefit of

persons referred to in sub-section (2) above such defined contribution

pension arrangements as the Government may deem appropriate.

Pensions, etc., to be charged to the Consolidated Fund.

4. There shall be charged and paid out of the Consolidated Fund all such

sums as may from time to time be granted by way of 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 other allowances; nor shall anything in

this Act affect the right of the Crown to dismiss any officer at any time and

without compensation.

(2) Where it is established to the satisfaction of the Public Service

Commission that an officer has been guilty of negligence, irregularity or

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misconduct, the pension, gratuity or other allowance may be reduced or

altogether withheld.

Circumstances in which pension may be granted.

6.(1) No pension, gratuity or other allowance shall be granted under this

Act to any officer except on his retirement from the public service in one of

the following cases:–

(a) if he retires from public service under the Government–

(i) on or after he attains the age of fifty-five years; or in

special cases with the approval of the Government, fifty

years;

(ii) on the abolition of his office, on reduction of

establishment, or on grounds of redundancy;

(iii) on compulsory retirement for the purpose of facilitating

improvement in the organization of the department to

which he belonged, by which greater efficiency or

economy may be effected;

(iv) on medical evidence to the satisfaction of the

Government 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;

(v) in the case of termination of employment in the public

interest as provided in this Act;

(b) if, having been transferred to other public service–

(i) he retires after he attains the age at which he is permitted

by the law or regulations of the public service in which

he is last employed to retire on pension or gratuity or, if

no age is prescribed by such law or regulations, he retires

after he attains the age of fifty; or

(ii) he retires in any other circumstances in which he is

permitted by such law or regulations to retire on pension

or gratuity:

Provided that sub-paragraph (b)(ii) shall not apply in the

case of a female officer who retires from the public

service for the reason that she married or entered into a

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civil partnership or is about to marry or enter into a civil

partnership.

(c) if he was transferred to the Electricity Authority from the

Electricity Department or the Electrical Section of the

Technical Services Department and at the time of the transfer

such person was entitled to a pension, gratuity or allowance

under this Act, in which case paragraph (a) shall apply to him

as if he was still in the public service;

(d) if he was transferred from service under the Government, and

at the time of the transfer such person was entitled to a pension,

gratuity or allowance under this Act, to any statutory Authority

or Agency that takes over a function of a Government

Department provided that the names of any such Government

Departments and statutory Authorities or Agencies are

prescribed for the purposes of this section by the Government

by notice in the Gazette 1 in which case paragraph (a) shall

apply to him as if he was still in the public service;

(e) if he was transferred from service under the Government, and

at the time of the transfer such person was entitled to a pension,

gratuity or allowance under this Act, to any wholly owned

Government company or corporation provided that the names

of any companies and corporations are prescribed for the

purposes of this section by the Government by notice in the

Gazette in which case paragraph (a) shall apply to him as if he

was still in the public service;

(f) if he resigned from service under the Government to join a

company which took over the functions of a Government

Department and his accrued pension rights at the time of

resignation were preserved, provided that–

(i) he was a member of a pension scheme that provided

pension benefits that are the same as the pension benefits

that would have been payable under this Act on the basis

of the combined years of service in such company and

his Government pensionable service;

(ii) the name of the pension scheme is prescribed for the

purposes of this section by the Government by notice in

the Gazette and that the accumulated pension fund held

in such scheme is transferred to the Government;

1 See LN. 2008/013 for Sports Department

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(iii) the value of any existing accrued pension rights referred

to above and the value of any pension benefits under the

pension scheme referred to in (i) above is transferred to

the Government (the calculation of the transfer payment

to the Government is subject to approval by the

Government); and

(iv) payments of 25% of his basic pay (or such other amount

as may be agreed by the Government) are made on his

behalf to the Government by the company on a monthly

basis up to the date of his retirement,

in which case paragraph (a) shall apply to him as if he was still

in the public service;

(1A) An officer who is granted a pension under the provisions of

subsection (1)(a)(iv) and who takes up employment in any capacity between

the date of his retirement from public service under the Government and his

attaining the age of fifty-five years shall notify the Government in writing

that he has taken up further employment, whereupon the payment of his

pension may be suspended in whole or in part until–

(a) he attains the age of fifty-five years, or

(b) he ceases his further employment,

whichever is the earlier.

(1B) If it comes to the notice of the Government that an officer to whom

subsection (1A) applies has taken up further employment, the officer shall

be informed that the payment of his pension will be suspended in whole or

in part in accordance with the provisions of subsection (1A), unless the

officer can show cause to the satisfaction of the Government why payments

should not be so suspended.

(1C) A suspension under subsection (1A) or (1B) may have retrospective

effect and be deemed to have commenced on the date on which the officer

first took up further employment.

(1D) Nothing in this section shall be construed as preventing the

Government from recovering by means of civil proceedings any payments

made to the officer while the officer was in further employment.

(1E) A person to whom subsection (1A) applies who fails to inform the

Government that he has taken further employment shall be guilty of an

offence and liable on summary conviction to a fine at level 2 on the standard

scale.

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(2) Notwithstanding that she is not otherwise eligible under this section

for the grant of any pension, gratuity or other allowance, 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 entered into a civil partnership

or is about to marry or enter into a civil partnership.

(3) An officer not otherwise qualified for a pension, gratuity or other

allowance under this Act (other than a pension under regulation 24(4) of the

Pensions Regulations) or otherwise may, on his retirement or resignation

from public service under the Government after he has served in such public

service for not less than five years, be granted a gratuity in accordance with

the provisions of regulation 27 of the Pensions Regulations.

Retirement on grounds of public interest.

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, the Government 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 section 6(1)(a)(iv).

Compulsory retirement.

8.(1) The Governor on the advice of the Government may require an

officer to retire from the public service under the Government–

(a) at any time after he attains the age of fifty-five years; or

(b) in special cases at any time after he attains the age of fifty

years.

(2) In the case of any fire officer, police officer, prison officer or

customs officer the Governor, on the advice of the Government, may require

such officer to retire from the public service under the Government at any

time after he has attained the age of fifty years and retirement shall be

compulsory for every such officer on attaining the age of fifty-five years.

Provided that the Governor shall, in exceptional circumstances and on the

recommendation of the Government, increase the compulsory retirement age

in this subsection with respect to a particular police, fire, prison or customs

officer or officers.

Customs officers retiring from public service subject to an Early Exit

Scheme Agreement.

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8A.(1) The provisions of section 8(2) do not apply to a customs officer until

the 1 April 2018 (“the Effective Date”).

(2) Until the Effective Date, a customs officer who retires from public

service is subject to the terms of the approved Early Exit Scheme

Agreement published by notice in the Gazette.

Maximum pension.

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 his highest

pensionable emoluments at any time while in public service under the

Government.

(2) An officer who has been granted a pension in respect of other public

service shall not at any time draw from the public funds of Gibraltar 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 his

highest pensionable emoluments at any time in the course of his public

service:

Provided that–

(a) where an officer receives in respect of some period of public

service both a gratuity and a pension, the amount of such

pension shall be deemed for the purpose of this subsection to

be–

(i) where the right to commute any part of a pension in

return for the payment of a gratuity has been exercised or

deemed to have been exercised, the amount as if that

right had not been exercised or deemed not to have been

exercised, as the case may be; or

(ii) in all other cases, four-thirds of its actual amount;

(b) no regard shall be had to any pension granted in respect of

other public service attributable to service which has not been

taken into account in determining the amount of the pension

payable to an officer under this Act.

(3) Where the limitation prescribed by subsection (2) operates, the

amount of pension to be drawn from the public funds of Gibraltar shall be

such amount as the Government shall determine with due regard to the

amount of any pension or pensions to be drawn in respect of other public

service.

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(4) For the purpose of the preceding subsection–

(a) an additional pension granted in respect of injury shall not be

taken into account; but where the officer is granted such

additional pension under this Act, the amount thereof together

with the remainder of his pension or pensions shall not exceed

five-sixths of the highest pensionable emoluments enjoyed by

him at any time during his pensionable service; and

(b) any increase in or allowance to pension granted to or in respect

of any pension drawn in respect of public service and any

increase or allowance granted under the Pensions Increase Act

or any instrument in force in the public service, whether or not

such instrument has the force of law, subsequent to the grant of

the pension, shall not be taken into account.

(5) For the purposes of this section, no reduction made in any pension or

gratuity by virtue of the provisions of the Pensions (Widows and Orphans)

Act shall be taken into account.

Reduction on account of other benefits.

10. When an officer or any other person on his account is receiving under

the provisions of any Act benefits arising in respect of contributions paid by

the Government as an employer of such officer, a pension, gratuity or other

allowance granted under this Act to such officer or such other person shall

be reduced by such an amount as in the opinion of the Government does not

exceed the sum of such benefits:

Provided that no reduction shall be made in respect of–

(i) any benefit payable under the Social Security

(Employment Injuries Insurance) Act to any person who

was in insurable employment on the 7th day of July,

1952;

(ii) any maternity grant;

(iii) any benefit payable under the Pensions (Widows and

Orphans) Act; or

(iv) any benefit or part of a benefit payable under the Social

Security (Insurance) Act.

Liability of pensioners to be called upon to take former employment.

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11.(1) Every pension granted under this Act shall be subject to the

following conditions:–

(a) unless or until the person in receipt of the pension has attained

his normal age of retirement, he may, if fit for service, be called

upon by the Government to accept, in lieu of his pension,

office in public service under the Government or in other

public service;

(b) if a pensioner so called upon declines to accept such office the

payment of his pension may be suspended until he has attained

his normal age of retirement.

(2) The provisions of subsection (1) shall not apply in any case where

the Government, being of opinion that the person in receipt of pension 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 re-employment.

12.(1) Subject to subsection (2) if a person not being a person to whom

section 11 applies to whom a pension has been granted under this Act is

appointed to an office in the public service, the payment of his pension may,

with his consent, if the Government thinks fit, be suspended during the

period of his re-employment.

(2) Where the pension granted under this Act was granted in accordance

with section 6(1)(a)(iv) the person’s consent is not required in order to

suspend the pension during the period of his re-employment.

Pensions, etc., not to be assignable.

13.(1) A pension, gratuity or other allowance granted under this Act is not–

(a) assignable or transferable save as set out in subsection (2); or

(b) liable to be attached, sequestered or levied upon for or in

respect of any debt or claim save as set out in subsection (2).

(2) A pension, gratuity or other allowance granted under this Act may be

assignable or transferable and may be attached, sequestered or levied upon

(a) in respect of a debt due to the Government from the person to

whom the pension, gratuity, or other allowance has been

granted; or

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(b) by an order of the court in relation to the payment of money,

whether by way of maintenance, pension sharing order or

otherwise, in favour of the spouse or former spouse, civil

partner or former civil partner or child of the family of the

person to whom the pension, gratuity, or other allowance has

been granted.

Pensions, etc., to cease on bankruptcy.

14.(1) Where any person to whom a pension or other 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) Where any officer is adjudicated bankrupt or declared insolvent by

judgment of any competent court either–

(a) after retirement in circumstances in which he is eligible for

pension, gratuity, or other allowance, under this Act, but before

the pension, gratuity, or other allowance is granted; or

(b) before such retirement, and he has not obtained his discharge

from bankruptcy or insolvency at the date of retirement,

then, in the former case, any pension or other allowance eventually granted

to him shall cease as from the date of adjudication or declaration (as the case

may be) and, in the latter case, the pension or other allowance may be

granted, but shall cease forthwith and not become payable, and in either case

the gratuity may be granted but shall not be paid to him.

(3) Where a pension or other allowance ceases, or where any gratuity is

not paid, by reason of this section, it shall be lawful for the Government, as

he thinks fit, from time to time during the remainder of such person’s life, or

during such shorter period or periods, either continuous or discontinuous, to

direct all or any part of the moneys to which such person would have been

entitled by way of pension, gratuity, or other allowance, had he not become

bankrupt or insolvent, to be paid to, or applied for, the maintenance or

benefit of all or any, to the exclusion of the other or others of the following,

that is to say, such person and his wife, civil partner, child, or children, or

such other dependants as the Government may determine, in such proportion

and manner as he 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 other allowance has ceased, or whose gratuity has not been paid,

by reason of this section shall, for the purposes of this section, be regarded

as applied for his benefit.

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(5) Where a person whose pension or other allowance has ceased, or

whose gratuity has not been paid, by reason of this section obtains his

discharge from bankruptcy or insolvency, it shall be lawful for the

Government to direct that the pension or other allowance shall be restored

and the gratuity, or so much thereof (if any) as remains after deducting any

payments made under subsection (3), paid as from the date of such

discharge or any later date; and the pension or other allowance shall be

restored, and the gratuity or such remainder thereof (if any) paid,

accordingly.

(6) For the purposes of this section the word “child” shall include an

illegitimate child, a step-child and an adopted child, adopted in a manner

prescribed by law, but shall not include a child who has attained the age of

nineteen years or, in the case of a female child, has married.

Pensions, etc., may cease on imprisonment.

15.(1) Where any person to whom a pension or other allowance has been

granted under this Act is sentenced to death or to a term of imprisonment by

any competent court for any offence, such pension or allowance shall, if the

Government so directs, cease as from such date as he determines.

(2) Where any officer is sentenced to death or to a term of imprisonment

by any competent court for any offence after retirement in circumstances in

which he is eligible for pension, gratuity, or other allowance under this Act

but before the pension, gratuity, or other allowance is granted, then–

(a) the provisions of subsection (1) shall apply as respects any

pension or other allowance which may be granted to him; and

(b) the Government may direct that any gratuity which may be

granted to him shall not be paid.

(3) Where a pension or other allowance ceases, or a gratuity is not paid,

by reason of this section, it shall be lawful for the Government to direct all

or any part of the moneys to which such person would have been entitled by

way of pension, gratuity, or other allowance, but for the provisions of this

section, to be paid or applied in the same manner in all respects as provided

in section 14; and such moneys shall be paid or applied accordingly.

(4) Where any person whose pension or other allowance ceases or

whose gratuity is not paid, by reason of this section after conviction at any

time receives a free pardon, the pension or allowance shall be restored with

retrospective effect, or his gratuity shall be paid, but in determining whether

arrears of such pension or allowance are payable to such person and in

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computing the amount thereof and the amount of any gratuity, account shall

be taken of all moneys paid or applied under subsection (3).

(5) Where any pension or other allowance ceases or a gratuity is not paid

by reason of this section it shall be lawful for the Government at any time,

and upon such terms and from such date (including any past date) as he

thinks fit to restore, either in whole or in part, such pension or allowance or

to direct the payment of such gratuity or any part thereof, but in determining

whether arrears of such pension or allowance are payable and in computing

the amount thereof and the amount of any gratuity, account shall be taken of

all moneys paid or applied under subsection (3).

Pensions, etc., on accepting certain appointments.

16. revoked

Compensation for certain retiring officers.

16A. Where−

(a) an officer has been promoted or transferred from a pensionable

office (“the first pensionable office”) in which he had been

confirmed to another pensionable office (“the second

pensionable office”) in which he has been confirmed and

subsequently retires; and

(b) where the annual pensionable emoluments the officer would

have enjoyed if he had remained in the first pensionable office

would have been higher than those that he enjoys in respect of

the second pensionable office,

he may, with the approval of the Government, be deemed, for the purpose of

computing the amount of pension, to have remained in the first pensionable

office and service in the second pensionable office shall, with respect to

pensionable emoluments, be taken into account as though it were service in

the first pensionable office on the terms which he enjoyed immediately prior

to such promotion or transfer.

Gratuity where officer dies in the service or after retirement.

17.(1) 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

been confirmed, dies while in public service under the Government, the

Government may grant to his legal personal representative a gratuity of an

amount not exceeding his annual pensionable emoluments or his commuted

pension gratuity, if any, whichever is the greater:

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Provided that for the purposes of this section an officer who has not been

confirmed in his office and who dies in the circumstances mentioned in

section 18 (1) shall be deemed to have been confirmed in his office.

(2) Where an officer holding a non-pensionable office dies while in

service under the Government having been in such service continuously for

not less than ten years, the Government may grant to his legal personal

representative a gratuity of an amount not exceeding fifty-two times his

weekly wages.

(3) Where an officer dies after retirement from public service under the

Government having been granted, or having become eligible for, a pension

under this Act and the sums paid or payable to him at the date of his death

on account of such pension including any sum awarded by way of gratuity

under regulation 26 of the Pensions Regulations, any gratuity under

regulation 27 of those regulations and any pension or gratuity paid or

payable in respect of his service under any scheduled administration (as

defined in regulation 9 of the Pensions Regulations) but excluding any

additional pensions awarded in accordance with the provisions of regulation

24 (3) (b) of the Pensions Regulations are less in total than the amount of his

annual pensionable emoluments, or in the case of an officer who was

holding a non-pensionable office, the sums paid or payable to him at the

date of his death on account of any pension or gratuity under this Act are

less in total than fifty-two times his weekly wages, the Government may

grant a gratuity equal to the deficiency to his legal personal representative.

(4) The provisions of this section shall not apply in the case of the death

of any officer where benefits corresponding to the benefits which may be

granted under this section are payable under the Overseas Superannuation

Scheme in respect of such death or in the case of the death of an officer to

whom section 17A applies.

(5) In this section–

(a) “annual pensionable emoluments” means the emoluments

taken for the purpose of computing any pension or gratuity

granted to the officer under this Act or, in the case of such

officer as is described in subsection (1), the emoluments which

would have been taken in accordance with regulation 19 of the

Pensions Regulations for the purpose of computing the pension

or gratuity that would have been granted to the officer if, on the

day following the date of his death, he had retired from the

public service in circumstances which enabled such a grant to

be made;

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(b) “commuted pension gratuity” means the gratuity, if any, which

might have been granted to the officer under regulation 26 of

the Pensions Regulations if the pensionable service which

would be taken for the purpose of computing any pension or

gratuity granted to him under this Act had been wholly under

the Government and if on the day following the date of his

death he had retired from the public service in circumstances

which enabled the grant of a pension to be made and had

elected to receive a gratuity and reduced pension and for the

purposes of this paragraph an officer who is aged less than

fifty-five years and who has completed more than ten years but

less than twenty years pensionable service shall–

(i) if he would have completed twenty years pensionable

service by the time he attained fifty-five years be deemed

to have completed twenty years pensionable service; or

(ii) if he would not have completed twenty years pensionable

service by the time he attained fifty-five years be deemed

to have completed such number of years of pensionable

service as he would have completed on attaining the age

of fifty-five years;

(c) “weekly wages” means the weekly wages taken for the purpose

of computing any pension granted to the officer under this Act

or, in the case of such officer as is described in subsection (2),

the weekly wages which would have been taken in accordance

with regulation 5 of the Pensions Regulations for the purpose

of computing the pension that would have been granted to the

officer if, on the day following the date of his death, he had

retired from the public service in circumstances which enabled

such a grant to be made.

(6) For the purposes of this section, no reduction made in any pension or

gratuity by virtue of the provisions of the Pensions (Widows and Orphans)

Act shall be taken into account.

(7) Where an officer dies whilst in the service of the Electricity

Authority, a statutory authority or agency prescribed for the purposes of

section 6(1)(d) or a wholly owned Government company or corporation

prescribed for the purposes of section 6(1)(e), further to his transfer to such

Authority or company in the circumstances set out in section 6(1)(c),

6(1)(d), 6(1)(e) or 6(1)(f), he shall be deemed, for the purposes of this

section, to have died while in public service under the Government.

Gratuities in special circumstances.

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17A.(1) Where an officer to whom this section applies dies while in public

service under the Government after serving in that public service for not less

than five years, it shall be lawful for the Government to grant to his legal

personal representative a gratuity at the rate herein specified for each

complete year of that public service, that is to say:–

(a) for each of the first five years, one weeks pay;

(b) for each of the next five years, two weeks pay; and

(c) for each additional year, four weeks pay:

Provided that the total amount of the gratuity shall not exceed the

amount of one year’s pay.

(2) Where an officer to whom this section applies dies as a result of

injuries received in public service under the Government in the

circumstances specified in paragraphs (a) and (b) of section 18(1) before

completing five years’ public service under the Government, it shall be

lawful for the Government to grant to his legal personal representative a

gratuity not exceeding five weeks pay.

(3) This section applies to an officer who holds–

(a) a non-pensionable office other than an officer who has been in

public service under the Government continuously for not less

than ten years; or

(b) a pensionable office in which he is not serving on probation

and (if his appointment to that office is subject to confirmation)

in which he has not been confirmed and who is not eligible for

the grant of a pension, gratuity or other allowance under this

Act (other than a pension under regulation 24(4) of the

Pensions Regulations) or for the grant, under his terms of

service, of a gratuity or a benefit under any other scheme of

superannuation.

Pensions to dependants when an officer dies as a result of injuries

received or disease contracted in the discharge of his duties.

18.(1) Where an officer while in public service under the Government–

(a) is 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

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(b) contracts a disease to which he is 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,

and dies as a direct result thereof, and such death occurs within seven years

of the date when he was injured, the Government may grant, in addition to

the grant, if any, made to his legal representative under section 17 or 17A–

(i) if the deceased officer leaves a widow or surviving civil

partner, a pension to him or her at a rate not exceeding

ten-sixtieths of his annual pensionable emoluments at the

date of the injury or £20 a year, whichever is the greater;

(ii) if the deceased officer leaves a widow or surviving civil

partner 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 prescribed under sub-paragraph (i);

(iii) if the deceased officer leaves a child or children, but

does not leave a widow or surviving civil partner, or no

pension is granted to the widow, a pension in respect of

each child, until such child attains the age of nineteen

years, of double the amount prescribed by sub-paragraph

(ii);

(iv) if the deceased officer leaves a child or children and a

widow or surviving civil partner to whom a pension is

granted under sub-paragraph (i) of this subsection, and

the widow subsequently dies, a pension in respect of

each child as from the date of the death of the widow or

surviving civil partner until such child attains the age of

nineteen years of double the amount prescribed in sub-

paragraph (ii);

(v) if the deceased officer does not leave a widow or

surviving civil partner, or if no pension is granted to his

or her widow or surviving civil partner and if his or her

mother was wholly or mainly dependent on him or her

for his or her support, a pension to the mother of an

amount not exceeding the pension which might have

been granted to his widow or surviving civil partner;

(vi) if the deceased officer does not leave a widow or

surviving civil partner or mother, or if no pension is

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granted to his or her widow or surviving civil partner or

mother, and if his or her father was wholly or mainly

dependent on him or her for his or her support, a pension

to the father of an amount not exceeding the pension

which might have been granted to his or her widow or

surviving civil partner;

(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 was wholly or

mainly dependent on him for support, a pension to any

brother or sister until he or she attains the age of nineteen

years, of the same amount and subject to the same

conditions as the pension which might have been granted

under sub-paragraph (ii), (iii) or (iv) as the case may be:

Provided that–

(a) if in the opinion of the Government 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

has attained the age of nineteen a pension for such period as the

Government may determine, of an amount not exceeding the

pension which may be granted under sub-paragraph (ii), (iii) or

(iv), as the case may be;

(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 Government may,

notwithstanding any pension which may have been granted

under sub-paragraph (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 the

pension which might have been granted under sub-paragraph

(ii), (iii) or (iv), as the case may be;

(c) where death benefit is payable in respect of the death under the

Social Security (Employment Injuries Insurance) Act, or where

benefits corresponding to benefits granted under this section

are payable under the Overseas Superannuation Scheme or

under the law in force in respect of any other public service, in

respect of death, the Government may reduce or withhold any

pension which may be payable under this section in such

manner as he may consider reasonable;

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(d) no pension shall be payable under this subsection at any time in

respect of more than six children exclusive of incapacitated

children, and where there are more than six such children, in

respect of whom, but for this proviso, a pension would be

payable, then the amount payable in respect of six children

shall be divided equally among all such children during the

period in which there are more than six children of pensionable

age;

(e) in the case of a pension granted under sub-paragraph (v), (vi) or

(vii), if it appears to the Government at any time that the

mother or father, or any brother or sister, is adequately

provided with other means of support, such pension shall cease

as from such date as the Government may determine.

(2) No pension shall be granted to the widow or surviving civil partner

of the deceased officer if she was not married to him or in a civil partnership

with him or her at the date of injury.

(3) No pension shall be payable to the widow of the deceased officer or

to any other female or male if–

(a) in the case of the widow he or, she was at the time of the death

cohabiting with a person other than the deceased officer or after

the death he or she marries, enters into a civil partnership or

cohabits with any person;

(b) in the case of a female who is not the widow of the deceased

officer, he was at the time of the death married to, in a civil

partnership or cohabiting with any person or after the death he

or she marries, enters into a civil partnership or cohabits with

any person,

and if, after the grant of pension to the widow or other female or male, she

marries or cohabits with any person, the pension shall cease from the date of

the marriage or civil partner or the commencement of the cohabitation:

Provided that where–

(a) a pension is withheld or ceases under this subsection; and

(b) the Government is satisfied at a subsequent date that the

marriage, civil partnership or cohabitation has come to

an end or that there are compassionate grounds for the

payment of the pension notwithstanding marriage or civil

partnership the Government may, if he thinks fit, grant or

regrant the pension as from that date.

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(4) In the case of an officer not holding a pensionable office the

expression “pensionable emoluments” in subsection (1) shall mean the

emoluments enjoyed by him which would have been pensionable

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

(5) If an officer proceeding by a route approved by the Government to or

from Gibraltar at the commencement or termination of his service in public

service under the Government or for a period of secondment, duty leave or

leave therefrom, dies as a 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 Government 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 as a result of the circumstances described in

paragraph (a) of subsection (1).

(6) 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 subsection (1)(a):

Provided that in such a case the rates of pension prescribed in sub-

paragraphs (i) and (ii) of subsection (1) shall be fifteen-sixtieths and one-

sixth respectively.

(7) (a) Where the Government is satisfied that damages have been or

will be recovered in respect of the death for which a pension

may be granted under subsection (1), the Government may take

those damages into account against such pension in such

manner and to such extent that he may think fit and may

withhold or reduce the pension accordingly;

(b) for the purposes of this subsection a person shall be deemed to

recover damages whether they are paid in pursuance of a

judgment or order of a court or by way of settlement or

compromise of his claim and whether or not proceedings are

instituted to enforce that claim.

(8) For the purposes of this section the following words have, in relation

to an officer, the meanings hereby respectively assigned to them–

(a) “brother” includes, in relation to a person, every male child of

his father or his mother;

(b) “child” includes, in relation to a person-

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(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 prescribed by law,

before the date of the injury or contracting the disease, as

the case may be, and dependent as aforesaid;

(c) “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) “father” includes, in relation to a person, his step-father and a

male person by whom he has been adopted;

(e) “mother” includes, in relation to a person, a step-mother and a

female person by whom he has been adopted;

(f) “sister” includes, in relation to a person, every female child of

his father or his mother.

(9) In this section, unless the contrary intention appears, reference 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 a

disease such as is mentioned in subsection (1)(b) and to the date on which

such disease is contracted.

War service to count for pension purposes.

19. Where an officer shall have served with Her Majesty’s Forces in time of

war, with the approval of the Government of the territory in the service of

which he was last employed before so serving or of the Secretary of State,

the following provisions shall have effect:

(a) During the period of such service in Her Majesty’s Forces,

including any period after the termination of the war (in this

section referred to as “military service”), he shall be deemed,

for the purposes of this Act, to have been on leave on full

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salary from the public service in which he was last employed,

and to have held the substantive office last held by him in that

service prior to military service.

(b) During any period between his leaving the public service for

the purpose of serving in Her Majesty’s Forces and the date of

his commencing military service, he shall, for the purposes of

this Act, be deemed to be on leave without pay, not, granted on

grounds of public policy, from the public service in which he

was last employed, and to have held the substantive office last

held by him in that service, prior to military service; and during

any period between the termination of his military service and

the date of his re-entering the public service he shall, for the

said purposes, be deemed to be on leave as aforesaid from the

service, and to have held the substantive office, in which he is

re-employed:

Provided that–

(i) this section shall not apply when either period mentioned

in paragraph (b) exceeds three months, or such longer

period as the Government, with the approval of the

Secretary of State, may in any special case determine; or

if the officer fails, after serving with Her Majesty’s

Forces, to re-enter the public service otherwise than in

circumstances in which he would be permitted, under the

law applicable to the public service in which he is last

employed prior to military service, to retire on pension or

gratuity, such circumstances arising not later than the

expiration of three months, or such longer period as may

be determined as aforesaid, after the termination of his

military service;

(ii) if during any period mentioned in paragraph (a) the

officer shall have qualified for pension, or received

emoluments in lieu of pension rights, actually in respect

of military service, paragraph (a) shall, as respects that

period, have effect as if the words “leave without salary

not granted on grounds of public policy” were substituted

for the words “leave on full salary”;

(iii) if during his military service the officer shall be injured

or killed, he shall not, for the purposes of this Act, be

deemed to have been injured or killed in the discharge of

his duty;

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(iv) the provisions of this section which require that the

officer shall be deemed to have held a specified office

and to have been on leave from a specified service shall

not apply in respect of any period during which he shall

actually have held any other substantive office and have

been on leave from any public service;

(v) save where in any particular case the Government

otherwise directs, this section shall not apply where the

office in the public service last held by the officer prior

to military service was not a pensionable office.

Provision of pensions for matrons, etc.

20.(1) A matron, sister or staff nurse who has had not less than three years

public service under the Government and not less than fifteen years in all in

the public service or in a public hospital to which she received an

appointment through the Overseas Nursing Association and who would not

otherwise be entitled to a pension under this Act or any other law, may be

granted on her ultimate retirement a retiring allowance calculated at the rate

of £1.24 per annum for each month of her public service under the

Government of Gibraltar and for the purposes of this section such total

service need not be continuous:

Provided that–

(a) except in case of retirement on account of illness, no such

retiring allowance shall be payable until the matron, sister or

staff nurse reaches the age of fifty years;

(b) the grant of such retiring allowance shall be dependent on the

production to the satisfaction of the Secretary of State of

certificates of satisfactory service in respect of each period of

total qualifying service; and

(c) the total retiring allowance drawn by the matron, sister or staff

nurse shall not exceed the amount of pension which she would

have drawn if her whole service had been on the pensionable

establishment of the Government.

(2) Where a matron, sister or staff nurse retires from service on account

of ill-health it shall be lawful for the Government to waive the qualifications

of age and service set out in subsection (1) and to grant to the matron, sister

or staff nurse a retiring allowance calculated at the same rate as if her

retirement had been due to normal circumstances:

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Provided that no retiring allowance shall be granted under this subsection

unless the matron, sister or staff nurse shall have served not less than ten

years in service as set out in subsection (1) and shall produce the certificates

required under that subsection.

(3) This section shall apply to all matrons, sisters and staff nurses who

have been in public service under the Government since the 1st day of

January, 1926.

Application and saving.

21.(1) Subject to the provisions of subsection (2) the provisions of this Act

shall apply to all officers in service under the Government at or after the

commencement of this Act, and to all those who, having been in public

service under the Government have before the commencement of this Act

been transferred to other public service and are still in other public service at

the commencement of this Act.

(2) Nothing in this Act shall either diminish the rights acquired by any

person under any Act repealed by this Act or affect the pensions granted to

any persons who have retired before the coming into operation of this Act.

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SCHEDULE

Section 3

PENSIONS REGULATIONS

Amending

enactments

Relevant current

provisions

Commencement

date

Act. 2015-20 r. 4(1), (1A) 6.8.2015 2

ARRANGEMENT OF REGULATIONS.

PART I.–PRELIMINARY.

Regulation

1. Title.

2. Interpretation.

PART II.–OFFICERS WITHOUT OTHER PUBLIC SERVICE.

3. Application of Part II.

4. Pension to whom and at what rates to be granted.

5. Pensions for non-pensionable officers.

6. Gratuities where length of service does not qualify for pension.

7. Marriage gratuities.

PART III.–TRANSFERRED OFFICERS.

8. Application of Part III.

9. Interpretation.

10. Pension for service wholly within the group.

11. Pension where other service is not within the group.

12. Pension when other service both within and not within the group.

13. Gratuities where length of service does not qualify for pension.

14. Marriage gratuities.

PART IV.–GENERAL.

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

2 Commencement notice LN. 2015/128

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16. Continuity of service.

16A. Officers elected to Parliament.

17. Leave without salary.

18. Service in Her Majesty’s forces.

19. Emoluments to be taken into account for computation of pensions

etc.

20. Service in non-pensionable office.

21. Acting service.

22. Service under age of 18 or on probation or agreement.

PART V.–SUPPLEMENTARY.

23. Abolition of office and reorganization.

23A. Officers between 55 and 60 years of age.

24. Officers injured or contracting diseases in the discharge of their

duties.

25. Additional pension for officers with over ten and less than twenty

years service retiring on grounds of ill-health.

26. Gratuity and reduced pension.

27. Gratuities for officers not otherwise qualified.

SCHEDULES.

Scheduled administrations.

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PART I.–PRELIMINARY.

Title.

1. These regulations may be cited as the Pensions Regulations.

Interpretation.

2.(1) In these regulations, unless the context otherwise requires,–

“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

computing pension under these regulations;

“the Act” means the Pensions Act.

“part-time service” means:-

(i) in the case of teachers in the public service under the Government

of Gibraltar, service where the teacher gives:-

(a) such service either on full mornings of full afternoons during every

working day of the week; or

(b) continuous service on every working day of the week in any

combination of full mornings and full afternoons as the

Government may in his absolute discretion approve:

Provided that such service shall not be les than 10 hours per week;

(ii) in all other cases, service in the public service under the

Government of Gibraltar where the person is employed gives

service of not less than 18 hours per week or, in the case of service

on and after the 1 day of October, 1982, not less than 15 hours per

week.

(2) For the purposes of regulations 5 and 27, where in consequence of a

general revision of the wages of any officer, those wages are increased, and

the increase has been awarded in one or more stages, the Government may

by notice published in the Gazette declare that for the purposes of these

regulations the whole of the increases, or such portion of the increase as he

may specify, shall be deemed to have taken effect on the day on which the

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first stage of the increase was awarded or on such later day (not being before

the day on which the last stage of the increase was awarded) as he may

specify.

PART II.–OFFICERS WITHOUT OTHER PUBLIC SERVICE.

Application of Part II.

3. Save when the Government in any special case otherwise directs, this Part

shall not apply in the ease of any officer transferred to or from public service

under the Government 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 service in

public service under the Government.

Pension to whom and at what rates to be granted.

4.(1) Subject to the provisions of the Act and of these regulations, every

public officer holding a pensionable office under the Government who has

been in service under the Government for ten years or more may be granted

on his retirement a pension at the rate of one six-hundredth of his

pensionable emoluments in respect of each completed month of pensionable

service:

Provided that in respect of each month of pensionable service completed

by a police officer, a prison officer, a fire officer or a customs officer as a

police officer, prison officer, fire officer or customs officer after his

twentieth and before his twenty-seventh year of service as one or more of

such officers the rate shall be two six-hundredths of his pensionable

emoluments.

(1A) The provisions of regulation 4(1) do not apply to a customs officer

until the 1 April 2018.

(2) Where any police officer –

(a) served immediately before the lst day of April, 1947, in Her

Majesty’s Dockyard in Gibraltar, and did not hold a

pensionable office therein, whether as a member of the

Dockyard Police or otherwise; and

(b) was appointed as a police officer in the civil police force with

effect from such date,

one half of the total period of his continuous service in such Dockyard shall

be deemed to have been service as a police officer for the purposes of this

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Act and to have been continuous with the period of his service under the

Government beginning on such date.

(3) An officer who actually retires from the public service in the

circumstances mentioned in section 6(1)(a)(iv) of the Act, and at an age of

less than fifty-five years, and who has completed more than ten years but

less than twenty years pensionable service, may be granted an additional

pension at the annual rate of one six-hundredth of his pensionable

emoluments for each month by which his pensionable service falls short of

twenty years:

Provided that in the case of an officer whose pensionable service would, if

he had continued to hold until he attained the age of fifty-five the office

which he held at the date of his retirement, have been a period shorter than

twenty years, this paragraph shall have effect as if for the last reference

therein to twenty years there were substituted a reference to that shorter

period.

(4) The Government may in special cases direct that−

(a) where an officer has retired in accordance with an early exit

scheme in relation to certain persons entitled to a pension,

gratuity or allowance under this Act (as contained in a

collective agreement or otherwise) approved by the Financial

Secretary by notice in the Gazette (hereinafter referred to as a

“Government early exit scheme”), his pensionable service shall

be deemed to be increased for the purposes of this Act in such

manner as set out in that scheme;

(b) where an officer falls within section 6(1)(f) of the Act, service

in the company may be deemed to be pensionable service.

Pensions for non-pensionable officers.

5.(1) An officer to whom this regulation applies may be granted on his

retirement from public service under the Government, in addition to the

gratuity mentioned in regulation 27, a pension at an annual rate not

exceeding three-quarters of his weekly wages for each year of his service:

Provided that –

(a) no pension granted under this regulation shall exceed twenty-

six times his weekly wages;

(b) if he becomes eligible for a retirement pension under any social

insurance scheme to which the Government makes

contributions as his employer, the pension granted under this

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regulation shall be reduced by such amount as in the opinion of

the Government represents the proportion of such retirement

pension secured by such contributions;

(c) if he is discharged on grounds of redundancy, the pension shall

not become payable until either he shall have attained the age

of sixty or unless medical evidence to the satisfaction of the

Government be produced showing that he is incapable by

reason of some permanent infirmity of mind or body of earning

a living.

(d) any pension or part thereof granted in respect of a period of

part time service shall not exceed three quarters of the amount

of pension computed in the same proportion that the part time

weekly hours actually worked bear to the full time weekly

hours of the public office in which the officer served on a part

time basis; and

(e) if, in the case of a pension payable by virtue of sub-regulation

2(d) the officer returns to Gibraltar and-

(i) obtains or takes up employment or other economic activity; or

(ii) becomes resident,

the payment of the pension to that officer shall cease.

(2) Subject to paragraph (6), this regulation applies to any officer who

has been in public service under the Government continuously for not less

than ten years and who –

(a) has attained the age of sixty years or, in special cases approved

by the Government, fifty-five years; or

(b) is discharged on the grounds of redundancy; or

(c) is retired on medical evidence to the satisfaction of the

Government that he is incapable by reason of some infirmity of

mind or body of discharging the duties of his office and that

such infirmity is likely to be permanent; or

(d) being a Moroccan national, is offered and accepts retirement

and repatriation to Morocco on or after the 1 day April, 1994;

or

(e) has attained the age of fifty-two and has retired in accordance

with a Government early exit scheme.

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(3) Where an officer retires from the public service in the circumstances

mentioned in sub-regulation (2)(c), and at an age of less than sixty years he

may be deemed for the purposes of this regulation and regulation 27, to have

been continuously in the public service under the Government for twenty

years:

Provided that in the case of such an officer whose service would, if he had

continued to hold until he attained the age of sixty years the offices which he

held at the time of his retirement, have been a shorter period than twenty

years, this paragraph shall have effect as if for the last reference therein to

twenty years there were substituted a reference to such shorter period.

(4) Revoked.

(5) Provided that in the case of a person who retires in accordance with

this regulation before attaining the age of sixty years–

(a) any pension, gratuity or other allowance under this Act (other

than a payment under section 17 or 17A) in respect of that

person shall be deferred until such time as the person attains

the age of sixty;

(b) such person shall be deemed to have renounced any right to

pursue any claim to such pension, gratuity or allowance under

this Act until such time as the person attains the age of sixty

regardless of any change in his personal circumstance which

may occur during that period.

(6) Where an officer to whom this regulation applies has retired in

accordance with a Government early exit scheme his pensionable service

shall be deemed to be increased for the purposes of this Act in such manner

as set out in that scheme.

Gratuities where length of service does not qualify for pension.

6. Every officer, otherwise qualified for a pension, who has not completed

the minimum period of service qualifying for a pension, may be granted on

retirement 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 the officer under regulation 4(1).

Marriage gratuities.

7. Where a female officer or person retires for the reason that he or she is

about to marry or enter into a civil partnership or has married or entered into

a civil partnership respectively having been in public service under the

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Government for not less than five years and having been confirmed in a

pensionable office, and is not eligible for the grant of any pension or

otherwise eligible for gratuity under this Part, he or she may be granted, if

he or she retires not later than six months after the date of her marriage or

civil partnership, on production within six months after his or her

retirement, or such longer period as the Government may in any case allow,

of satisfactory evidence of her marriage or civil partnership, a gratuity of an

amount not exceeding –

(a) one year’s annual pensionable emoluments; or

(b) five times the annual amount of the pension which might have

been granted to her under regulation 4 had there been no

qualifying period and had that regulation been applicable to

her,

whichever amount shall be the less.

PART III.–TRANSFERRED OFFICERS.

Application of Part III.

8. This Part shall apply only in the case of an officer transferred to or from

public service under the Government from or to other public service.

Interpretation.

9.(1) In this Part and Part IV–

“scheduled administration” mean–

(a) the Government of any territory, or any authority, mentioned in

the schedule;

(b) the Government of Ceylon, in respect of any officer appointed

to service under that Government 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 1st day

of May, 1948;

(d) the Government of the Somali Republic in respect of any

officer appointed to service under the former Government of

the Somaliland Protectorate before the 26th day of June, 1960;

and

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(e) the Government of Cyprus, in respect of any officer appointed

to service under that Government before the 16th day of

August, 1960;

(f) the East African Common Service Organization in respect of

any person deemed to have been appointed or appointed to

serve 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 in the public service under the

Government and under a scheduled administration or scheduled

administrations.

(2) Where an officer to whom this Part 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 was last employed, solely by reason

of the fact that he has not held office or pensionable office therein for a

specified period, he shall nevertheless be deemed for the purposes of this

Part to have retired in circumstances in which he is permitted by the law in

force in respect of the service in which he is last employed to retire on

pension or gratuity.

(3) 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

lst day of January, 1964, who was immediately before that date

employed on secondment to service under the Government of

Southern Rhodesia, or Northern Rhodesia or Nyasaland, or was

as from that date so employed, shall be 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;

(b) any pension awarded on or after the lst day of January, 1964, in

respect of service under the Government of the Federation of

Rhodesia and Nyasaland shall be deemed to have been granted

by that Government notwithstanding the provisions of the

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Federation of Rhodesia and Nyasaland (Dissolution) Order in

Council, 1963.

Pension for service wholly within the group.

10.(1) Subject to the provisions of the Act and of these regulations, where

the other public service of an officer to whom this Part applies has been

wholly under one or more scheduled administrations and his aggregate

service would have qualified him had it been wholly service in public

service under the Government for a person under the Act, he may, on his

retirement from the public service, be granted in respect of his service in

public 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 in public service under the

Government as the aggregate amounts of his pensionable emoluments

during service in public 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 pension for

which an officer would have been eligible if his service had been wholly

service in public service under the Government –

(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 his 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 administration at that

date, the date upon which he was last transferred from the

public service under a scheduled administration 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

4(3) or under regulation 23, 24 or 25;

(c) regard shall be had to the condition that pension may not

exceed two-thirds of the highest pensionable emoluments

enjoyed by him at any time during his public service;

(d) no period of public service under a scheduled administration or

under the Government in respect of which no pension or

gratuity is granted to him by that administration or

Government, as the case may be, shall be taken into account.

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(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 a

scheduled administration or under the Government in respect

of which no pension or gratuity is granted to him by that

administration or Government, as the case may be;

(b) where any period of 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.

(4) Where an officer entered the public service prior to the 1st day of

January, 1930, his pension in respect of his public service under the

Government may be calculated as though any scheduled administration

under which he has served had not been included in the Schedule, if this

should be to his advantage.

Pension where other service is not within the group.

11.(1) Subject to the provisions of the Act and of these regulations, where

the other public service of an officer to whom this Part applies has not

included service under any of the scheduled administrations, and his

aggregate service would have qualified him, had it been wholly service in

public service under the Government for a pension under these regulations,

he may on his retirement from public service, be granted in respect of his

service in public service under the Government, a pension of an amount

equal to the pension for which he would have been eligible under regulation

4, if there had been no qualifying period and if he had had no other public

service.

(2) Where the officer is not in public service under the Government at

the time of such retirement, his pensionable emoluments for the purposes of

sub-regulation (1) 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 public service

under the Government.

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Pension when other service both within and not within the group.

12. Where a part only of the other public service of an officer to whom this

Part applies has been under one or more of the scheduled administrations,

the provisions of regulation 10 shall apply; but in calculating the amount of

pension, regard shall be had only to service in the group.

Gratuities where length of service does not qualify for pension.

13. Subject to the provisions of the Act and of these regulations, where an

officer to whom this Part applies retires from the public service but has not

been in the public service for ten years, he may be granted in respect of his

service in the public 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 under regulation 10, it or 12, as

the case may be.

Marriage gratuities.

14. Where a female officer or officer to whom this Part applies retires or is

required to retire for the reason that she is about to marry or has married or

is about to enter into a civil partnership or has entered into a civil

partnership respectively, and –

(i) would have been eligible for a gratuity under regulation 7

if his or 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,

he or 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 10, 11 or 12 had there been no qualifying period and had

regulation 10, 11 or 12, as the case may be, been applicable to her:

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

(a) in relation to regulation 10 or 12, sub-paragraph (c) of

regulation 10 (2) shall have effect as if the reference 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 10, 11 or 12, the

annual amount of that pension shall not exceed one-fifth of her

annual pensionable emoluments.

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PART IV.–GENERAL.

General rules as to qualifying service and pensionable service.

15.(1) Subject to the provisions of these regulations, qualifying service

shall be the inclusive period between the date on which an officer begins to

draw salary in respect of public 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.

(4) For the purpose of these regulations:

(a) account shall be taken of full time service, part time service or

a combination of both full time service and part time service;

(b) part time service shall count as qualifying service from the date

on which an officer begins to draw his salary in respect of that

part time service and the date of his leaving that service.

Continuity of service.

16.(1) Except as otherwise provided in these regulations, only continuous

public 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 in the public service not arising from misconduct or voluntary

resignation shall be disregarded for the purposes of this paragraph:

Provided also that any person holding office in public service under the

Government of Palestine immediately before the 1st day of May, 1948, shall

be deemed to have continued in his office until either he was appointed to

the service of the Crown elsewhere, or, if he was not so appointed, he retired

or was removed from office.

And provided also that any two or more periods of service of which account

is taken for the purpose of these regulations shall be deemed to be

continuous even if they are separated by a period of continuous part time

service of less than prescribed number of hours.

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(2) An officer –

(a) whose pension has been suspended under section 12 of the Act

or under a corresponding provision in any law 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 reorganization

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 any Acts relating to the

superannuation of teachers in the United Kingdom or under a

local authority in the United Kingdom or under the National

Health Service of the United Kingdom with a view to entering

public service not being pensionable service as aforesaid and

has, not later than three months, or such extended period as the

Government may in any particular case approve, after leaving

such pensionable service, received any salary in respect of

employment in public service not so pensionable; or

(d) whose continuous employment in the public service has been

interrupted by a break in employment of not more than 1 week

and who, having been re-employed after such break, retires on

or before 31 day of March 1992 from public service on account

of abolition of office as a result of re-organisation designed to

give greater efficiency or economy–

(i) at age 55 or over, having completed, but for such break

in the service, the period of which shall not in any case

be taken into account as qualifying or pensionable

service, 20 years pensionable service; and

(ii) on account of abolition of office or reorganisation

designed to give greater efficiency or economy,

may, if the Government thinks fit, be granted the pension 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 the funds of

Gibraltar; and

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(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 required to be refunded

as aforesaid.

(3) Where an officer was evacuated from Gibraltar at any time between

the 3rd day of September, 1939, and the 9th day of May, 1945, any service

under the Government before the date of such evacuation and any such

service thereafter shall be regarded as unbroken service for the purposes of

these regulations:

Provided that, where such officer has received a gratuity in respect of such

service before the date of such evacuation, such service before evacuation

shall be regarded as qualifying service but not as pensionable service or

service in respect of which a gratuity or pension may be granted.

Officers elected to Parliament.

16A.(1) Notwithstanding regulation 16, where an officer–

(a) is elected as an Elected Member of the Parliament; and

(b) resigns from the public service in order to take his seat in the

Parliament; and

(c) within 3 months of next ceasing to be an Elected Member of

the Parliament is re-instated in the public service–

the period between his resignation from the public service and his re-

instatement shall not constitute a break in his service in the public service.

(2) For the purposes of sub-regulation (1), an Elected Member of the

Parliament who at the next election of Elected Members of the Parliament

following a dissolution, is again elected, shall be deemed not to have ceased

to be, by virtue of that dissolution, an Elected Member.

Leave without salary.

17. No period during which an officer has been absent from duty on leave

without salary shall be taken into account as pensionable service unless such

leave has been granted on grounds of public policy with the approval of the

Government.

Service in Her Majesty’s forces.

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18. Where an officer, during some period of his service, has been on the

active list of the Royal Navy, the Army or the Royal Air Force, and pension

contributions have been paid in respect of that period from the funds of

Gibraltar or of any scheduled administration and have not been refunded,

such period shall not be taken into account as pensionable service.

Emoluments to be taken into account for computation of pensions etc.

19.(1) For the purpose of computing the amount of the pension or gratuity

of an officer whose service has been wholly full time and who has had a

period of not less than three years pensionable service before his retirement–

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

(b) in the case of an officer who at any time during such period of

three years –

(i) 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; or

(ii) has been transferred from industrial to non-industrial by reason

of the non-industrialisation of his office, but whose

pensionable emoluments have not been changed otherwise than

by non-industrialisation,

the full annual pensionable emoluments enjoyed by him at the date of

his retirement 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 him at the date of

any transfer within such period of three years those

annual pensionable emoluments shall be taken; and

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(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

office 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

Government, would have been granted to him, the annual

pensionable emoluments which would have been so

enjoyed shall be taken;

Provided that in respect of the Sunday duty allowance for

allowance for officers in the postal services, the amount to be

taken into account for the purpose of computing the amount of

the pension or gratuity, there shall be taken into account the

best consecutive twelve months’ earnings of Sunday duty

allowance during the period of three years preceding the date of

his retirement.

(2) For the purpose of determining under paragraph (1) of this regulation

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

(b) 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:

Provided that if he has been transferred from an office which has been

abolished and for this reason the pensionable emoluments of that office have

not been considered in a general revision of pensionable emoluments, then,

for the purposes of this regulation, the pensionable emoluments attached to

the abolished office shall be equated with those of such office or offices as

are certified by the Government in his discretion as having enjoyed the same

pensionable emoluments as the abolished office at the time of the revision.

(3) For the purpose of computing the amount of the pension or gratuity

of an officer whose service has been wholly full time and 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:

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Provided that the provisio of sub-regulation (1) in respect of

Sunday duty allowance for officers in the postal services, shall

be taken into account.

(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 general 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 public service

under the Government shall be such as the Government may determine in

any particular case.

(5) Subject to section 16A of the Pensions Act, in no circumstances

shall the pensionable emoluments taken for the purpose of computing the

pension or gratuity of any officer exceed the full annual pensionable

emoluments enjoyed by the officer at the date of his retirement in respect of

the office then held by him.

(6) For the purpose of computing the amount of the pension or gratuity

of an officer who has a combination of full time service and part time

service or part time service only the pensionable emoluments in respect of:

(a) full time service shall be subject to the provisions of paragraph

(1), (2) and (3) of this regulation;

(b) part time service shall be an amount in the same proportion that

the part time weekly hours actually worked bear to the full time

weekly hours of the public office in which the officer served on

a part time basis: Provided that the amount of pensionable

emoluments taken into account shall not exceed the pensonable

emoluments in respect of the full time weekly hours of the

public office in which the officer served. Emoluments to be

taken into account for computation of pensions etc.

Service in non-pensionable office.

20. Only service in a pensionable office (not being service in respect of

which the officer is entitled to a gratuity in lieu of pension or to benefit

under any other scheme of superannuation) shall be taken into account as

pensionable service:

Provided that–

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(a) where a period of service in a civil capacity otherwise than in a

pensionable office (not being service in respect of which the

officer is entitled to a gratuity in lieu of pension) is

immediately followed by service in a pensionable office and

the officer is confirmed therein, such period may with the

approval of the Government be so taken into account;

(b) any break in service which may be disregarded under the

provisions of regulation 16 may likewise be disregarded in

determining for the purposes of the preceding provisions of this

regulation whether one period of service immediately follows

another period of service;

(c) (i) where an officer has been transferred from a pensionable

office in which he had 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 Government, 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 transfer:

Provided that the pensionable emoluments in respect of

any period of part time service shall be computed in the

same proportion that the part time weekly hours actually

worked bear to the full time weekly hours of the public

office in which the officer served.

(ii) 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 7, 23 and 24 to be holding a pensionable

office, and where that period is taken into account under

sub-paragraph (1) of paragraph (c) of this proviso to have

been confirmed therein.

Acting service.

21. 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 provisions of regulation 20) if the

period of such acting service–

(a) is not taken into account as part of his pensionable service in

other public service; and

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(b) is immediately preceded or followed by service in a substantive

capacity in a pensionable office in the public service under the

same government or authority,

and not otherwise.

Service under age of 18 or on probation or agreement.

22. Save as otherwise provided in these regulations, there shall not be taken

into account as pensionable service–

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

eighteen 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 16 may likewise be disregarded in determining

whether the officer is confirmed in a pensionable office without break of

service.

PART V.–SUPPLEMENTARY.

Abolition of office and reorganization.

23. If an officer holding a pensionable office retires from the public service

in consequence of the abolition of his office or 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, he may–

(a) if he has been in the public service for less than ten years, be

granted in lieu of any gratuity under regulation 6 or 13, a

pension under regulation 4, 10, 11 or 12, as the case may be, as

if the words “for ten years or more” were omitted from

regulation 4(1);

(b) if he retires from the public service under the Government, be

granted an additional pension at the annual rate of one ‘ one-

hundred-and-eightieth of his pensionable emoluments for each

complete year of his pensionable service:

Provided that–

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(i) the addition shall not exceed thirty one-hundred-and-

eightieths; 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 continued to hold the office

held by him at the date of his retirement, and retired on

reaching the age of fifty-five years, having received all

increments for which he would have been eligible by that

date.

Officers between 55 and 60 years of age.

23A. If an officer holding a pensionable office retires in the circumstances

mentioned in regulation 23 after he attains the age of 55 years but before he

attains the age of 60 years-

(a) the provisions of regulation 23 shall have no effect, and

(b) the period between the date of his retirement and the notional

date of his sixtieth birthday shall be added to the period of his

pensionable service.

Officers injured or contracting diseases in the discharge of their duties.

24.(1) This regulation shall apply to an officer who–

(a) is 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

(b) contracts a disease to which he is 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 sub-regulation (2) 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, he may–

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(a) 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 6 or

13, a pension under regulation 4(1) or regulation 10, 11 or 12,

as the case may be, as if the words “for ten years or more” were

omitted from regulation 4(1);

(b) if he was injured while in public service under the Government

of Gibraltar 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 imparted ...................... – five/sixtieths;

impaired................................ – ten/sixtieths;

materially impaired .................. .– fifteen/sixtieths;

totally destroyed ...................... – twenty/sixtieths:

Provided that the amount of the additional pension may be reduced to such

an extent as the Government shall think reasonable where the injury is not

the cause or the sole cause of retirement.

(4) (a) An officer to whom this regulation applies who is injured while

in public service under the Government and who holds a non-

pensionable office, or who holds a pensionable office in which

he has not been confirmed, may be granted on retirement, a

pension of the same amount as the additional pension which

may be granted to him under sub-regulation (3) if his office

were a pensionable office and he had been confirmed therein.

(b) The provisions of regulation 26 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-regulation (3) (b) or

sub-regulation (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 his degree

of permanent impairment can be determined.

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(b) The provisions of regulation 26 shall not apply to an award

made under this paragraph.

(6) If an officer proceeding by a route approved by the Government to or

from Gibraltar at the commencement or termination of his public service

under the Government; or of a period of secondment, duty leave, or leave

therefrom, is injured as a result of damage to the vessel, aircraft or vehicle in

which he is travelling, or of any act of violence directed against any such

vessel, aircraft or vehicle, and the Government 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 rule to have been injured in the circumstances described in sub-

regulation (1).

(7) An officer who is 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 purpose of this regulation to have been

injured in the circumstances described in sub-regulation (1):

Provided that in such a case the rates of pension prescribed in sub-regulation

(3)(b) shall be seven-and-a-half/sixtieths, fifteen/ sixtieths, twenty-two-and-

a-half/sixtieths and thirty/sixtieths respectively.

(8) Where injury or disablement benefit is payable under the Social

Security (Employment Injuries Insurance) Act, or where benefits

corresponding to an additional pension or pension under sub-regulation (3)

or (4) are payable, under the Overseas Superannuation Scheme or under the

law in force in respect of any other public service, in consequence of the

injury, the Government may reduce or withhold any additional pension or

pension payable under either sub-regulation (3) or (4) in such manner as he

may consider reasonable.

(9) (a) Where the Government 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-

regulation (3)(b) or under sub-regulation (4), the Government

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 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

instituted to enforce that claim.

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Additional pension for officers with over ten and less than twenty years

service retiring on grounds of ill-health.

25. Where an officer who has been transferred from other public service and

whose aggregate service would have rendered him eligible, had it been

wholly under the Government, for a pension under these regulations, is

compulsorily retired from the public service in circumstances mentioned in

regulation 4(3), he may, it at the time he is in public service under the

Government be granted from the funds of Gibraltar the additional pension

allowed by that regulation as well as the pension granted under regulation

10, 11 or 12, as the case may be.

Gratuity and reduced pension.

26.(1) Any officer to whom a pension is granted under the Act, other than a

pension granted under regulation 5, may at his option exercisable as in this

regulation provided, be paid in lieu of such pension–

(a) a reduced pension together with a gratuity equal to twelve and a

half times the amount by which such pension is reduced; or

(b) a gratuity equal to twelve and a half times the amount of such

pension.

Provided that in the application of this regulation to cases where the

limitation prescribed by section 9(2) of the Act operates, the words “such

pension” shall mean the amount of pension which the officer might have

drawn from the funds of Gibraltar if he had not exercised his option under

this regulation.

And provided that for the purposes of the definition of “commuted pension

gratuity” in section 17 of the Act a person deemed to have elected to receive

a gratuity and reduced pension shall be deemed to have elected to receive a

gratuity under paragraph (1)(b).

(2) An option exercisable in accordance with this regulation–

(a) shall be exercisable, and if exercised may be revoked, on or

before the date of the officer’s retirement or, with the

permission of the Government, at any time between that date

and the date of the final award of the pension granted to him

under the Act;

(b) shall be exercised or revoked by notice in writing addressed to

the Chief Secretary;

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(c) shall be deemed to have been exercised or revoked on the date

on which such notice is received.

(3) If an officer who has not exercised an option in accordance with this

regulation dies after he has retired but before a pension has been granted to

him under the Act, the Government may, if he thinks fit, grant to his legal

personal representatives a gratuity and a reduced pension as provided in sub-

regulation (1) as if the officer had exercised the option before his death.

Gratuities for officers not otherwise qualified.

27.(1) Where an officer to whom this regulation applies retires or resigns

from public service under the Government after serving in that public

service for not less than five years, he may be granted by the Government a

gratuity at the rate herein specified for each complete year of service, that is

to say:–

(a) for each of the first five years, one week’s pay;

(b) for each of the next five years, two weeks’ pay; and

(c) for each additional year, four weeks’ pay:

Provided that the total amount of the gratuity shall not exceed the amount of

fifty-two weeks’ pay.

And provided that the pay taken into account in respect of any period of part

time service shall be computed in the same proportion that the part time

weekly hours actually worked bear to the full time weekly hours of the

public office in which the officer served.

(2) This regulation applies to–

(a) an officer to whom section 6(3) of the Act refers; and

(b) an officer who holds a non-pensionable office.

(3) For the purposes of this regulation–

(a) an officer who, having held a non-pensionable office holds a

pensionable office in which he is serving on probation shall be

deemed to hold a non-pensionable office and his pay shall be

deemed to be the pay last received by him in respect of the non-

pensionable office he previously held or the pensionable

emoluments of the pensionable office held by him, whichever

is the greater;

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(b) in calculating the period in which any officer has served in

public service under the Government–

(i) subject to any general or special directions to the

contrary that may be given by the Government only

continuous service terminating at his retirement or

resignation shall be taken into account;

(ii) no regard shall be had to any period of service for which

he is eligible for the grant of or has been granted a

pension, gratuity or other allowance under the Act (other

than a pension under regulation 24(4)) or, as provided

under his terms of service, a gratuity or a benefit under

any other scheme of superannuation.

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SCHEDULE TO THE REGULATIONS.

Regulation 9(1).

SCHEDULED ADMINISTRATIONS.

Aden

Antigua

Bahamas

Barbados

Basutoland

Bechuanaland Protectorate

Bermuda

British Antarctic Territory

British Guiana

British Honduras

British Solomon Island Protectorate

Brunei

Cayman Islands

City Council of Gibraltar

Crown Agents for Oversea Governments and Administrations

Dominica

East African Common Services Organisation

East Africa High Commission

East African Railways and Harbours Administration

Eastern Region of Nigeria

Employing Authorities under the Overseas Superannuation Scheme

Falkland Islands

Federal Republic of Nigeria

Federation of Malaya

Federated Malay States

Federation of Nigeria

Federation of Rhodesia and Nyasaland

Fiji

Gambia

Ghana

Gilbert and Ellice Islands

Gold Coast

Grenada

Guyana

Hong Kong

Interim Commissioner for the West Indies

Jamaica

Kenya

Kenya and Uganda Railways and Harbours Administrations

Kingdom of Lesotho

Leeward Islands (before lst July, 1956.)

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Malawi

Malayan Establishment

Malayan Union

Malaysia

Malta

Mauritius

Mid West Nigeria

Montserrat

Nigeria

North Borneo

Northern Region of Nigeria

Northern Rhodesia

Nyasaland

Overseas Audit Department (Home Establishment)

Republic of Botswana

Sabah

St. Christopher, Nevis and Anguilla

St. Helena

St. Lucia

St. Vincent

Sarawak

Seychelles

Sierra Leone

Singapore

Somaliland Protectorate

Southern Cameroons

Straits Settlements

Swaziland

Tanganyika

The West Indies (Federation)

Tonga

Trinidad and Tobago

Turks and Caicos Islands

Uganda

Unfederated Malaya States

United Kingdom

United Republic of Tanzania

Virgin Islands

Western Region of Nigeria

Republic of Zambia

Zanzibar

Service under the Overseas Service Act, 1958.