L.R.O. 1/2012
LAWS OF GUYANA
PENSIONS ACT
CHAPTER 27:02
Act
38 of 1957
Amended by
15 of 1962 15 of 1963 8 of 1966A 22 of 1968 2 of 1970 20 of 1970 2 of 1972 2 of 1975 12 of 1976 7 of 1979 6 of 1981 9 of 1990 19 of 1990


Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 64 ... 1/2012
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Index
of
Subsidiary Legislation
Page
Pensions Regulations 30
(15 of 1963, 8 of 1966A, 2 of 1972, O.67/1958, 3/1059, 20 of
1971, 4 of 1972)


Note
on
Repeal
This Act repealed the Pension Ordinance, Cap. 73 of the 1953 Edition.

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CHAPTER 27:02
PENSIONS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Grant of pensions, etc., regulated by Act.
4. Pensions not of right.
5. Preservation of pension rights.
6. Service as Ombudsman to be pensionable service.
7. Service not qualifying for pension.
8. Circumstances in which pensions may be granted.
9. Terminating employment in the public interest.
10. Additional circumstances in which pension may be granted.
11. Age for compulsory retirement.
12. Maximum pension grantable.
13. Officers with service as teachers.
14. Option to take reduced pension with gratuity.
15. Liability of pensioners to be called upon to take further
employment, and suspension of pension on re-employment.
16. Gratuity affected by re-employment.
17. Pensions, etc., not to be assignable.
18. Pensions, etc., to cease on bankruptcy.
19. Pensions, etc., to cease on conviction.
20. Pensions, etc., to cease on accepting certain appointments.
21. Gratuity where an officer dies in the service or after retirement.
22. Pensions to dependants when an officer is killed on duty.
23. Pensions of officers with service in certain Health Services, etc.
24. [Omitted]
25. Settlement of questions arising under the Act.

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CHAPTER 27:02
PENSIONS ACT
_______________________________________________________
38 of 1957 An Act to amend and consolidate the Law relating to the
award of Pensions, Gratuities and other Allowances to
Civil Servants in respect of service in Guyana.
[10th AUGUST, 1957]
Short title.

Interpretation.
[15 of 1962
15 of 1963
8 of 1966A
12 of 1976]
1. This Act may be cited as the Pensions Act.
2. In this Act—
“inducement allowance” means the inducement allowance
referred to in (a) of the Schedule to the Overseas Service
Agreement Act;
“other public service” means public service not under the
Government of Guyana;
“pensionable emoluments”—
(a) in respect of service in Guyana
includes—
(i) salary;
(ii) personal allowance; and
(iii) duty a llowance paid to a
Permanent Secretary:
Provided that this subparagraph shall
not be construed as applying to the
Solicitor-General;
(iv) surcharge allowance paid to a
pilot employed in the
Transport an Harbours
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Department; (v) such portion of the inducement
allowance as the Government
of the United Kingdom and the
Government of Guyana may,
from time to time, by
agreement determine to be
pensionable,
but does not include any duty
allowance paid to any other officer, or
any entertainment allowance or any
other emoluments whatever;
(b) in respect of other public service
means emoluments which count for
pension in accordance with the law or
regulations in force in such service;
“pensionable office” means—
(a) in respect of service in Guyana an
office which has been declared by the
Minister with the approval of the
National Assembly by a notification
published in the Gazette to be
pensionable:
Provided that any office declared to
be pensionable under this section may
be declared at any time by the
Minister with the approval of the
National Assembly by a notification
published in the Gazette to be no
longer pensionable due regard being
had to existing rights;
(b) in respect of other public service an
office which is a pensionable office
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under the law or regulations in force
in such service;
“personal allowance” means a special addition to such
salary granted personally to the holder for the time being
of the office and expressed to be pensionable;
“public service” or “service” means—
(a) service in a civil capacity under the
Government of Guyana or of any
other Commonwealth country or
territory;
(b) service under the East Africa High
Commission, the East African
Railways and Harbours
Administration, the East African
Posts and Telecommunications
Administration or the East African
Common Services Organisation;
(c) service which is pensionable—
(i) under the Over sea
Superannuation Scheme;
(ii) under any Acts relating to the
superannuation of teachers in
the United Kingdom or
Northern Ireland;
(iii) under a local authority in the
United Kingdom or Northern
Ireland; or
(iv) under the National Health
Service of the United Kingdom
or Northern Ireland Health
Service;

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5 and 6 Eliz
2c. 62

S.I. 1996/2323

Grant of
pensions, etc
regulated by
Act.

Pensions not of
right.
(d) except for the purposes of
computation of a pension or gratuity
and of section 12 of this Act, service
in respect of which a pension may be
granted under the Governors
Pensions Act, 1957, of the United
Kingdom;
(e) 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, of the United Kingdom;
(f) service in the service of the Interim
Commissioner for the West Indies;
and
(g) any other service that the Minister
has determined to be public service
for the purpose of this Act;
“the Regulations” means the regulations contained in the
Schedule;
“salary” means the salary attached to an office;
“service of Guyana” means service in a civil capacity
under the Government of Guyana.
3. The grant by the President of pensions, gratuities
and other allowances to persons to whom this Act applies or
of a gratuity to the personal representatives of any such
person shall be regulated by this Act.
4. (1) No officer shall have an absolute right to
compensation for past services or to pension, gratuity or
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[12 of 1976]


Preservation
of pension
rights.
[22 of 1968]

Service as
Ombudsman to
be pensionable
service.

other allowance under this Act, nor shall anything herein or
in such regulations contained limit the right of the State to
dismiss any officer without compensation.
(2) Where it is established to the satisfaction of the
President that an officer has been guilty of negligence,
irregularity or misconduct the pension, gratuity or other
allowance may, subject to article 214 of the Constitution, be
reduced or altogether withheld.
(3) No officer shall be granted a pension, gratuity
or other allowance under this Act without a certificate from
the head of his department or, if he is himself the head of a
department, from the Permanent Secretary of his Ministry
and, if he is the head of a department not under the
control of a Minister or is a Permanent Secretary from the
President, to the effect that he has discharged his office with
such diligence and fidelity as to justify the grant to him of
such pension, gratuity or other allowance.
5. Where an officer is seconded or temporarily
transferred for duty in the service of Guyana from a
pensionable office, to an office or employment which would
not entitle him to pension under this Act, the period during
which he shall serve in such office or employment as
aforesaid shall count for pension as if the officer had not been
seconded or temporarily transferred unless the President
shall in any case otherwise decide.
6. (1) Where an officer serving in a pensionable
office is appointed to the office of Ombudsman, his service
pursuant to such appointment, shall be deemed to be
service in a pensionable office for all intents and purposes,
the generality of which shall not be prejudiced by anything in
the following provisions of this section; and, upon his
retirement in circumstances in which a pension may
accordingly be granted to him under this Act, or might be so
granted but for any failure of the circumstances of his
retirement mentioned in subsection (2) to otherwise
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conform to the requirements of this Act, he shall be granted
the pension in accordance with this Act, which shall be
construed with such adaptations and modifications as are
necessary for the purpose.
(2) In subsection (1), “retirement” includes
relinquishment of the office of Ombudsman in circumstances
where the officer appointed as aforesaid—
(a) is not, at the expiration of his term of
office as Ombudsman, prior to his
attainment of the age of 65 years,
reappointed to that office or
appointed to any public or other
office the conditions of which taken as
a whole are no less favourable than
those appertaining to the office of
Ombudsman, although he is not
disqualified by reason of infirmity
of body or mind for either such
appointment; or
(b) has, on or before the expiration of his
term of office as Ombudsman,
attained an age at which he may by
virtue of this Act, apart from this
section, be permitted to retire from
the public service and he intimates in
writing to the President that on the
expiration of his term of office as
Ombudsman he wishes neither to be
reappointed to the office of
Ombudsman nor to be considered
for appointment to any public or
other office but to so retire,
in which circumstances he shall, for the purposes of
subsection (1), be deemed to have retired immediately after
the date on which he so relinquished the office of
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Service not
qualifying for
pension.
[20 of 1971]

Circumstances
in which
pensions may
be granted.
[12 of 1976]

Ombudsman or on which any period of leave taken by him
upon such relinquishment expired, whichever is later, and, in
the case of circumstances mentioned in paragraph (a), after
completing such length of service in pensionable office as is
required for the granting to him of a maximum pension
consistently with section 12(1).
7. Save as otherwise provided in the Regulations no
pension, gratuity or other allowance shall be granted to any
officer in respect of any service—
(a) while on probation or agreement
unless without break of service he is
confirmed in a pensionable office in
Guyana or in an office in other public
service which is at the time of
confirmation pensionable under the
pension law or regulations applicable
to such service; or
(b) while under the age of eighteen years:
Provided that any break in service which may be
disregarded under regulation 6 of the Regulations may
likewise be disregarded in determining whether the officer is
confirmed in a pensionable office without break of service.
8. No pension, gratuity or other allowance shall be
granted to any officer except on his retirement from the
public service in one of the following cases—
(a) on or after attaining the age of fifty-
five years or, in special cases with
the approval of the Minister on or
after attaining the age of fifty years
or, in special cases as mentioned in
the proviso to section 11, or in the
case of transfer to other public
service on or after attaining the
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age at which an officer is permitted
by the law or regulations of the
service in which he is last employed
to retire on pension or gratuity or on
or after attaining the age of fifty-five
years, whichever is earlier;
(b) on the abolition of his office; or
(c) on compulsory retirement for the
purpose of facilitating improvement
in the organisation of the
department to which he belongs by
which greater efficiency or economy
can be effected; or
(d) on medical evidence to the
satisfaction of the Minister 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
(e) on termination of employment in the
public interest as provided in this Act:
Provided that—
(a) where an officer retires from
the public service under
paragraph (d) after completing
ten years’ pensionable service
(reckoned otherwise than in
accordance with regulation
7(2)(b)) the pension, gratuity or
other allowance granted to
him shall, save as otherwise
provided under regulation 7,
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Terminating
employment in
the public
interest.
[2 of 1970]
Additional
circumstances
in which
pension may
be granted.
be computed as though such
officer had completed twenty
years’ pensionable service prior
to retirement;
(b) after the enactment of the
Pensions (Amendment) Act
1976, a gratuity may be granted
in accordance with regulations
18 and 27 of the Pensions
Regulations 1957 to an
unmarried female officer who
is in the public service at
the time of the enactment of
the said Act and who resigns
from the public service on or
with a view to marriage
notwithstanding that she is not
otherwise eligible under this
section for the grant of any
pension, gratuity or other
allowance.
9. Where an officer’s service is terminated on the
ground that, having regard to the conditions of the public
service, the usefulness of the officer thereto and all the other
circumstances of the case, such termination is desirable in the
public interest, and a pension, gratuity or other allowance
cannot otherwise be granted to him under this Act, the
Minister 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 had
retired from the public service in the circumstances described
in paragraph (b) or (c) of the last preceding section.
10. Where the service of an officer who holds a
pensionable office is terminated by virtue of his resignation
from the public service, the Minister may, if he thinks fit
having due regard to the special circumstances of the case,
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[22 of 1968]

Age for
compulsory
retirement.
[12 of 1976]



Maximum
pension
grantable.
[6 of 1981
9 of 1990]

grant him such pension, gratuity or other allowance as the
Minister considers just and proper as if he were an officer to
whom section 9 applies.
11. The Public Service Commission may require an
officer to retire from the service of Guyana on or after
attaining the age of fifty- five years:
Provided that in special cases the Public Service
Commission may require an officer to retire from the
service of Guyana at any time on or after attaining the age of
fifty years.
12. (1) A pension granted to an officer under this
Act shall not exceed two-thirds of the highest pensionable
emoluments drawn by him at any time in the course of his
service in Guyana.
(2) Where the officer has been or is granted a
pension or pensions in respect of other public service he may
be granted the full pension for which he is eligible in
respect of his service in Guyana but no person may at any
time draw from the public funds of Guyana an amount of
pension which when added to the amount of any pension or
pensions drawn in respect of other public service exceeds
two-thirds of the highest pensionable emoluments drawn by
such person at any time in the course of his service in
Guyana or in other public service:
Provided that where such a person 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 four-thirds of its actual
amount.
(3) For the purpose of the preceding subsections
an additional pension granted in respect of injury shall not be
taken into account but where the officer is granted such an
additional pension the amount of such additional pension
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which he may draw shall not exceed one-sixth of his highest
pensionable emoluments at any time in the course of his
public service by more than the sum by which the amount
of his pension or pensions apart from such additional pension
falls short of two-thirds of such highest emoluments.
(4) Where an officer continues in the public service
after attaining the age of fifty-five years and where the
Minister responsible for the public service certifies in writing
that such continued service was at the request of the
Government, that officer—
(a) notwithstanding anything in the
foregoing provisions of this section,
may be granted a pension computed
after taking into account the entire
period of service rendered by him
whether or not the pension so
payable exceeds the limit described in
those provisions:
Provided that the pension granted to
him under this subsection shall not
exceed the highest annual rate of
salary payable to him at any time in a
pensionable office in Guyana;
(b) although still in the service may, at
his option exercisable in accordance
with section 14 (without the right of
revocation granted thereby), be paid
an amount not exceeding the
amount which would have been
payable as gratuity to him under
that section if he had retired on
attaining the age of fifty-five years,
and any amount so paid shall be
set off against the superannuation
benefits granted to him on his
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9 of 1990

retirement or against any gratuity
payable on his death to his legal
personal representative.
(5) Subject to the provisions of subsections (6), (7)
and (8), where pension computed under regulation 16 of the
Regulations exceeds the maximum pension specified in
subsection (1), the officer referred to in that regulation
(hereafter in this section referred to as the “said officer”)
may, notwithstanding anything contained in that subsection,
be granted the pension so computed:
Provided that the pension granted to the said officer for
one year shall not exceed the highest annual rate of
pensionable emoluments payable to him at any time in the
course of his service in a pensionable office in the service of
Guyana:
Provided further that subsections (2) and (3) shall apply
in respect of the said officer as if the words “two-thirds of”,
wherever they occur, were deleted.
(6) Subsection (5) shall not apply in the case of the
said officer unless—
(a) the subsequent retirement referred
to in regulation 16 of the Regulations
has taken effect on or after the
commencement of the Pensions
(Amendment) Act 1990;
(b) the appropriate Minister certifies—
(i) that the re-employment was
to maintain or improve the
efficiency of the Ministry or
Department of the
Government, or the other
public service, in which the
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said officer was re-employed,
or to provide service at an
acceptable level; and
(ii) that prompt efforts were made
to find a person, who has not
attained the age of fifty-five
years and is suitably qualified
therefor, for appointment to the
office in which the said
officer was re-employed and
the efforts were unsuccessful;
(c) notwithstanding that the pension
granted to the said officer in respect
of his service prior to the re-
employment has not been suspended
under section 15(2) during the period
of his re-employment, any sums
received by him by way of such
pension is refunded by him to the
Government within such time as
may be specified by the Minister:
Provided that where the re-
employment was before the date of
the enactment of the Pensions
(Amendment) Act 1990, the
Minister may direct that this
paragraph shall not apply to the said
officer;
(d) any gratuity paid to the said officer
in respect of his service in the office
he held in the service of Guyana,
prior to the date of his re-
employment referred to in
regulation 16 of the Regulations,
shall be set off against the
superannuation benefits granted to
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Officers with
service as
teachers.
c. 39:05
[7 of 1979]
him on his subsequent retirement
from the service of Guyana referred
to in that regulation or against any
gratuity payable on his death to his
legal personal representative.
(7) For the purpose of computing any gratuity and
reduced pension payable, under section 14, to an officer
referred to in regulation 16 of the Regulations, the reference
in the opening part of subsection (1) of that section to pension
granted under this Act shall be deemed to be a reference to a
pension computed in accordance with subsection (5) of this
section, read with that regulation.
(8) In subsection (6) “appropriate Minister”
means,—
(a) where the re-employment referred
to in that subsection was prior to the
date of the enactment of the Pensions
(Amendment) Act 1990, the Minister
assigned responsibility for the
Ministry or Department of the
Government, or the other public
service, in which the said officer was
re-employed; and
(b) where the re-employment referred to
in that subsection was on or after
the date of the enactment of the
Pensions (Amendment) Act 1990, the
Minister assigned responsibility for
the Public Service Ministry.
13. Where the service of a public officer has been
preceded by service as a teacher in a school within the
meaning of the Teachers’ Pensions Act, such service as a
teacher shall be taken into account in computing pension or
gratuity under this Act:
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Option to take
reduced
pension with
gratuity.
Provided that—
(a) where such service as a teacher has
not immediately preceded service as
a public officer, such service as a
teacher shall not be taken into
account in computing pension or
gratuity under this Act, except with
the approval of the Minister;
(b) such service as a teacher is not
reckoned in the computation of
pension or gratuity payable to the
officer under the Teachers’ Pensions
Act.
14. (1) An officer to whom a pension is granted
under this Act may, at his option exercisable as hereinafter
provided, be paid in lieu of such pension a pension at the rate
of three-fourths of such pension together with a gratuity
equal to twelve and one-half times the amount by which such
pension is reduced:
Provided that in the application of this section to cases
where the limitation prescribed by section 12(2) operates, the
words “such pension” shall mean the amount of pension
which the officer might have drawn from the public funds of
Guyana if he had not exercised his option under this section.
(2) An option exercisable in accordance with
this section—
(a) shall be exercised or revoked by
notice in writing addressed to the
Minister or, in the case of officers
in other public services to the
Crown Agents for Overseas Governments and Administrations;
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Liability of
pensioners to
be called upon
to take further
employment,
and
suspension of
pension on re-
employment.
[9 of 1990]

(b) shall be deemed to have been
exercised or revoked on the date on
which such notice is received;
(c) 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
Minister, at any time between that
date and the date of the final award of
the pension granted to him under this
Act.
(3) An option for a gratuity and a reduced pension
under this Act exercised, or deemed to have been exercised, in
accordance with any provisions in force before the enactment
of this section shall be deemed to have been exercised in
accordance with this section and may be revoked
accordingly.
15. (1) Save as otherwise provided in the
Regulations, every pension granted to an officer shall be
subject to the following condition:
Unless or until he has attained the age of fifty years, he
may, if physically fit for service, be called upon to accept, in
lieu of his pension, an office in the public service, not less in
value, due regard being had to all the circumstances, than
the office which he had at the date of the grant of his
pension.
If a pensioner so called upon declines to accept the office
for which he has been selected by the appropriate
Commission, the payment of his pension may be suspended
until he has attained the age of fifty years.
(2) If an officer to whom a pension has been
granted under this Act is re-employed in the same or another
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Gratuity
affected by re-
employment.
[12 of 1976]

Pensions, etc.,
not to be
assignable.


Pensions, etc.,
to cease on
bankruptcy.
office in the public service, the payment of his pension
may, if the President thinks fit, be suspended during the
period of his re-employment.
(3) For the avoidance of doubt it is hereby declared
that subsection (2) shall apply whether or not the re-
employment was consequent upon being called upon, under
subsection (1), to accept such re-employment in the
circumstances mentioned therein.
16. If any officer to whom a gratuity without
pension has been granted under this Act is re-appointed
to any office in the service of Guyana or in other public
service his previous service may be taken into account for
the purposes of pension if he refunds the gratuity on such re-
appointment, or later with the permission of the Minister.
17. No pension, gratuity or other allowance granted
under this Act shall be assignable or transferable or liable to
be attached, sequestered or levied upon for or in respect of
any debt or claim whatsoever other than a debt due to the
Government at the time of the officer’s retirement.
18. If any officer to whom a pension or other
allowance has been granted under this Act is adjudicated a
bankrupt or is declared insolvent then the pension or
allowance shall forthwith cease:
Provided always that in any case where a pension or
allowance ceases by reason of the bankruptcy or insolvency
of the pensioner, the President from time to time during the
remainder of the pensioner’s life or during such shorter
period or periods either continuous or discontinuous as the
President shall think fit may cause all or any part of the
moneys to which the pensioner would have been entitled
by way of pension or allowance had he not become
bankrupt or insolvent to be paid to or applied for the
maintenance and personal support or benefit of all or any to
the exclusion of the other or others of the following persons
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Pension, etc., to
cease on
conviction.

Pensions, etc.,
to cease on
accepting
certain
namely, the pensioner and any wife, child or children of his
in such proportions and manner as the President as the case
may be thinks proper.
19. If any officer to whom a pension or other
allowance has been granted under this Act is sentenced to a
term of imprisonment by any competent Court whether
within or without Guyana for any crime or offence then in
every such case the President may order that the pension or
allowance shall forthwith cease and after the order the
pension or allowance shall not be paid:
Provided that—
(a) the pension or allowance shall be
restored with retrospective effect in
the case of a person who after
conviction at any time receives a free
pardon;
(b) where a pension or allowance ceases
for the reason aforesaid the President
may cause all or any part of the
moneys to which the pensioner
would have been entitled by way of
pension or allowance to be paid to or
applied for the benefit of any wife,
child or children of the pensioner or
after the expiration of his sentence
also for the benefit of the pensioner
himself in the same manner precisely
and subject to the same
qualifications and restrictions as in
the case of bankruptcy or insolvency
hereinbefore provided.
20. If any officer to whom a pension or other
allowance has been granted under this Act becomes either a
director of any company the principal part of whose business
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appointments.


Gratuity where
an officer dies
in the service
or after
retirement.
is in any way directly concerned with Guyana or an officer
or servant employed in Guyana by any such company
without in every such case the permission of the President in
writing first had and obtained then in every such case the
President may direct that the pension or allowance shall
forthwith cease:
Provided always that the President on being satisfied
that the person in respect of whose pension or allowance any
such direction shall have been given has ceased to be a
director of the company or to be employed as an officer or
servant of the company in Guyana as the case may be,
may give directions for the restoration of the pension or
allowance with retrospective effect if he shall see fit to such a
date as he shall specify.
21. (l) (a) Where an officer holding a pensionable
office who is not on probation or agreement, or an officer
holding a non-pensionable office to which he has been
transferred from a pensionable office in which he has
been confirmed, dies while in the service of Guyana, it
shall be lawful for the President to grant to his legal
personal representative a gratuity of an amount not
exceeding either his annual pensionable emoluments, or his
commuted pension gratuity if any, whichever is the greater.
(b) For the purposes of this section—
(i) “annual pensionable
emoluments” means the
emoluments which would be
taken for the purpose of
computing any pension or
gratuity granted to the officer
if he had retired at the date of
his death in the circumstances
described in section 8(d);
(ii) “commuted pension gratuity”
means the gratuity, if any,
LAWS OF GUYANA
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Pensions to
dependants
when an
officer is killed
on duty.
[4 of 1972
12 of 1976
19 of 1990]
which might have been
granted to the officer under
section 14 if his public
service had been wholly in
Guyana and if he had retired
at the date of his death in
the circumstances described in
section 8(d) and had elected
to receive a gratuity and
reduced pension.
(2) Where any such officer to whom a pension,
gratuity or other allowance has been granted under this Act
dies after retirement from the service of Guyana and the sums
paid or payable at his death on account of any pension,
gratuity or other allowance in respect of any public service
are less than the amount of the annual pensionable
emoluments enjoyed by him at the date of his
retirement, it shall be lawful for the President to grant to his
legal personal representatives a gratuity equal to the
deficiency.
22. (1) Where an officer dies as a result of injuries
received—
(a) in the actual discharge of his or her
duty; and
(b) without his or her own default; and
(c) on account of circumstances
specifically attributable to the nature
of his or her duty,
while in the service of Guyana, it shall be lawful for the
President to grant, in addition, to the grant, if any, made
to his or her legal personal representative under section
21—
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24 27:02 Pensions
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(i) if the deceased officer leaves a
spouse, a pension to that
spouse, while unmarried, at a
rate not exceeding ten- sixtieths
of that officer’s annual
pensionable emoluments at the
date of the injury or two
hundred and sixteen dollars a
year, whichever is the greater;
(ii) if the deceased officer leaves a
spouse 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 eighteen
years, of an amount not
exceeding one-eighth of the
pension prescribed by the
preceding paragraph;
(iii) if the deceased officer leaves a
child or children, but does not
leave a spouse or no pension is
granted to the spouse, a
pension in respect of each child
until such child attains the age
of eighteen years, of double the
amount prescribed by the last
preceding paragraph;
(iv) if the deceased officer leaves a
child or children and a spouse
to whom a pension is granted
under paragraph (i), and the
spouse subsequently dies, a
pension in respect of each child
as from the date of the death of
the spouse until such child
attains the age of eighteen
years, of double the amount
LAWS OF GUYANA
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prescribed by paragraph (ii);
(v) if the deceased officer does not
leave a spouse, or if no pension
is granted to that officer’s
spouse, and if that officer’s
mother or father or both were
wholly or mainly dependent on
him or her for support, a
pension to the mother or
father or both, while without
adequate means of support of
an amount not exceeding the
pension which might have
been granted to the officer’s
spouse, such pension being
equally divided between the
mother and father where
payable to both;
(vi) [Deleted by 19 of 1990]
(vii) if the deceased officer does not
leave a child or children who is
or are eligible for a pension
under the provisions of this
section, and if any brother or
sister were wholly mainly
dependent on him or her for
support, a pension to any such
brother or sister until he or she
attains the age of eighteen years
while without adequate means
of support, of an amount not
exceeding the pension which
might have been granted
under paragraphs (ii) and (iii):
Provided that—
(a) pension shall not be payable under
this subsection at any time in respect
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26 27:02 Pensions
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of more than six children; and
(b) in the case of a pension granted under
paragraph (v) of this subsection, if the
mother is a widow at the time of the
grant of the pension and
subsequently remarries such pension
shall cease as from the date of
remarriage; and if it appears to the
Minister at any time that the mother
is adequately provided with other
means of support, such pension shall
cease as from such date as the
Minister may determine.
(c) [Deleted by 19 of 1990]
(2) In the case of an officer not holding a
pensionable office, the expression “pensionable emoluments”
in the preceding subsection shall mean the emoluments
enjoyed by him or her which would have been pensionable
emoluments if the office held by him or her had been a
pensionable office.
(3) For the purposes of this section—
(a) the word “child” shall include—
(i) a posthumous child;
(ii) a stepchild, or a child born out
of lawful wedlock before the
date of the injury, and wholly
or mainly dependent upon the
deceased officer for support;
(iii) an adopted child adopted in a
manner recognised by law
before the date of injury and
dependent as aforesaid;

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(b) “father” includes any person who,
for the purpose of establishing that
the relationship of father and child
existed between himself and an
officer, produces evidence to the
satisfaction of the Minister that
during the lifetime of the officer he
had acknowledged that he was the
father of the officer;
(c) “widow” includes—
(i) a widower;
(ii) a single woman or widow
who was living with a single
officer or with a widower who
was an officer as his reputed
wife at the date of the injury
and whom the Minister treats
as if she were in law his
widow, and for the purposes
of this subparagraph
“widower” shall be construed
accordingly.
(4) If an officer proceeding by a route approved
by the President to or from Guyana at the commencement or
termination of his service therein, or of a period of leave
therefrom, dies as a result of damage to the vessel or vehicle
in which he is travelling, or of any act of violence directed
against such vessel or vehicle, and the President is satisfied
that such damage or act is attributable to circumstances
arising out of any war in which the Government of Guyana
may be engaged, such officer shall be deemed, for the
purposes of this section, to have died in the circumstances
described in subsection (1).
(5) An officer who dies as a result of injuries
received while travelling by air in pursuance of official
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Pensions of
officers with
service in
certain Health
Services, etc.
[2 of 1975
12 of 1976]
instructions shall be deemed to have died in the
circumstances detailed in subsection (l)(a) and (c); provided
that in such a case and if the provisions of paragraph (b) are
also satisfied the rates of pension prescribed in
subparagraphs (i) and (ii) of that subsection shall be fifteen-
sixtieths and one-sixth respectively.
(6) This section shall apply to an officer
notwithstanding the fact that by reason of his injury or death
he or his dependants as defined under the National Insurance
and Social Security Act are entitled to benefits under that Act.
23. (1) In computing for the purposes of this Act the
pension of any officer who has, in addition to his public
service, served in—
(a) the Society for the Prevention and
Treatment of Tuberculosis; or
(b) the Infant Welfare and Maternity
League; or
(c) (before the 1st January, 1953) the New
Amsterdam Fire Service Unit; or
(d) the service of the Mayor and Town
Council of Georgetown before 1st
July, 1948 and retires 31st January,
1975 from the public service or the
service in which he was last
employed, his service in the said
Society or in the said League, or
(before the 1st January, 1953) in the
said Fire Service Unit, or in the
service of the Mayor and Town
Council of Georgetown as aforesaid,
as the case may be, shall be taken
into account as if it had been service
of Guyana.
LAWS OF GUYANA
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Settlement of
questions
arising under
the Act.
(2) The Minister may, by order which shall be
subject to negative resolution of the National Assembly,
designate service in any institution or organisation as
service which may be taken into account as if it had been
service of Guyana for the purposes of subsection (1) and
an order made under this subsection may be expressed to
apply to service given in an institution or organisation prior
to the enactment of this Act.
24. [Omitted]
25. The President shall have full power and
authority to decide all questions that may arise in respect
of or in connection with the administration of this Act.
_________________________

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SUBSIDIARY LEGISLATION ______________
PENSIONS REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
PRELIMINARY
1. Citation.
2. Interpretation.
3.
PART II
REGULATIONS DEALING WITH PUBLIC SERVICE ENTIRELY IN GUYANA
4. Pensions to whom and at what rates to be granted.
5. Gratuities where length of service does not qualify for pension.
6. Period of service in Guyana qualifying for pension or gratuity
defined.
7. Continuity of service.
8. Computation of pensions and gratuities, leave of absence.
9. War service not to be prejudice pension rights.
10. Emoluments to be taken for computing pension or gratuity.
11. Service is a non-pensionable office.
12. Acting service.
13. Abolition or reorganisation of office.
14. Rates of pension when offices are abolished.
15. Rates of gratuity on abolition when service less than ten years.
16. (1) Officers retiring on account of injuries.
(2) Pensions to injured officers where service less than 10 years.
17. Computation of pensions. Re-employed pensioners.
18. Allowance to officers who have served twenty years in a non-
pensionable office.
19. Gratuities to female officers on marriage.


____________________
SCHEDULE—Scheduled Government.

27. Retirement of transferred officers on account of marriage.
months employment in last service.
26. Officers transferred to other public service and retiring after less than 12
25. Gratuities where length of service does not qualify for pension.
24. Addition to pension to officers retiring on account of injury.
23. Addition to pension in respect of abolition or re-organisation of office.
Governments.
22. Pension where other services both with and not with scheduled
21. Pensions for service wholly under the scheduled Governments.
20. Application of regulations in Part II.
SPECIAL REGULATIONS FOR OFFICERS WITH OTHER PUBLIC SERVICE
PART III
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SUBSIDIARY LEGISLATION
__________________
PENSIONS REGULATIONS
ARRANGEMENT OF REGULATIONS

REGULATION
PART I
PRELIMINARY
1. Citation.
2. Interpretation.
PART II
REGULATIONS DEALING WITH PUBLIC SERVICE
ENTIRELY IN GUYANA
3. Pensions to whom and at what rates to be granted.
4. Gratuities where length of service does not qualify for
pension.
5. Period of service in Guyana qualifying for pension or
gratuity defined.
6. Continuity of service.
7. Computation of pensions and gratuities, leave of absence.
8. War service not to be prejudice pension rights.
9. Emoluments to be taken for computing pension or
gratuity.
10. Service is a non-pensionable office.
11. Acting service.
12. Abolition or reorganisation of office.
13. Rates of pension when offices are abolished.
14. Rates of gratuity on abolition when service less than ten
years.
15. (1) Officers retiring on account of injuries.
Pensions 32
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S.3
[15 of 1963
8 of 1966A
2 of 1970
O. 67/1958
3/1959
70/1959
20 of 1971]


Citation.

Interpretation.
[8 of 1966A]

SCHEDULE
REGULATIONS for the Granting of Pensions, Gratuities, and
other Allowances to persons who have been in the Public
Service of Guyana.
PART I
PRELIMINARY
1. These Regulations may be cited as the Pensions
Regulations.
2. (1) In these Regulations—
“scheduled Government” means—
(a) the Government of any territory,
or any authority, mentioned in the
Schedule to these Regulations.
(b) the Government of Ceylon, in
respect of any officer appointed to
service under that Government
before the 4 th day of February, 1948;
(c) the Government of Palestine, in
respect of any officer appointed to
service under that Government
before the 15th day of May, 1948;
(d) the Government of the Somali
Republic in respect of any officer
appointed to service under the
Government of the Somaliland
33 Pensions
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S.I 1961/2323.


S.I 1961/1086.
4 o f
1
Protectorate before the 26th day of
June, 1960;
(e) the Government of Guyana, in respect
of any officer appointed to service
under that Government before the 16th
day of August, 1960;
(f) the East African Common Services
Organisation in respect of any
person deemed to have been
appointed to service under that
Government before the 16th day of
August, 1960;
(g) the East African Common Services
Organisation in respect of any
person deemed to have been
appointed to service as President,
Vice-President, Justice of Appeal,
Registrar, officer or servant of the
Court of Appeal for Eastern Africa by
or under the Eastern Africa Court of
Appeal Order in Council, 1961; and
(h) 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:
Provided that the Minister may,
by order, vary the Schedule to
these Regulations by the addition
thereto or the removal therefrom of
Pensions 34
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9
7
2
S.I 1963
No. 2085

Pensions to
whom and at
what rates to
any Government or any authority.
(2) For the purpose of these Regulations—
“the Act” means the Pensions Act;
(a) any officer in public service under the
Government of the Federation of
Rhodesia and Nyasaland
immediately before the 1st January,
1964, who was immediately before
that date employed on secondment
to service under the 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 or
secondment is terminated;
(b) any pension awarded on or after the
1st 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 Federation of Rhodesia and
Nyasaland (Dissolution) Order in
Council, 1963.
PART II
REGULATIONS DEALING WITH PUBLIC SERVICE ENTIRELY IN
GUYANA
3. Subject to the Act and these Regulations, every
officer holding a pensionable office who has been in the
35 Pensions
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be granted.


Gratuities
where length
of service
does not
qualify for
pension.

Period of
service in
Guyana
qualifying for
pension or
gratuity
defined.

Continuity of
service.
[12 of 1976
6 of 1981]
service of Guyana for ten years or upwards may be granted a
pension at the rate of one six-hundredth of his pensionable
emoluments in respect of each complete month of such
service subject to the limit described in section 12 of the Act.
4. Every officer otherwise qualified for a person, 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 him under Regulation 3.
5. Subject to section 7 of the Act and these
Regulations, service qualifying for pension or gratuity, as the
case may be, shall be the inclusive period between the date
on which an officer begins to draw salary or half salary from
the public funds of Guyana and the date of his leaving the
service of Guyana.
6. (1) Except as otherwise provided in these
Regulations, only continuous service shall be taken into
account as qualifying service or as pensionable service:
Provided that any interruption in service caused by—

(a) temporary suspension of employment
and arising from misconduct; or
(b) voluntary resignation (whether before
or after 1st October, 1974) in
circumstances otherwise than as
mentioned in paragraph (2) followed
by re-employment in the public
service at any time thereafter,
shall be disregarded for the purposes of this paragraph of this
regulation but only with the approval of the Minister in
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respect of the circumstances to which paragraph (b) of this
proviso applies.
(2) If an officer—
(a) resigned from the public service not
earlier than one month prior to the
date on which lists of candidates may
be submitted to the Chief Election
Officer in order to become qualified
for election as a member of the
National Assembly;
(b) was a candidate at the elections; and
(c) failed to be elected,
he shall, if on application made by him he is re-employed in
the public service within twelve months after the notification
by the Elections Commission in the Gazette of the results of the
election, be deemed for the purposes of this regulation to have
been employed in the public service as if he had not resigned
and as if during the period commencing with the effective
date of his resignation and ending on the day immediately
preceding his re-employment he had been on leave of absence
without pay, and that period shall be taken into account as
qualifying service.
(2A) If an officer –
(a) resigned from the public service not
earlier than one month prior to the
date on which lists of candidates may
be submitted to the Chief Election
Officer in order to become qualified
for election as a member of a regional
democratic council, held before the
37 Pensions
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publication of the Miscellaneous
Enactments (Amendment) Act 1981 in
the Gazette.
(b) was a candidate at the elections; and
(c) was declared to be elected as a
member of that council or failed to be
so elected.
he shall, if on application made by him he is re-employed in
the public service within twelve months after the notification
by the Elections Commission in the Gazette of the results of the
election, be deemed for the purposes of this regulation to have
been employed in the public service as if he had not resigned
and as if during the period commencing with the effective
date of his resignation and ending on the day immediately
preceding his re-employment he had been on leave of absence
without pay, and that period shall be taken into account as
qualifying service,
and the aforesaid amendment shall be deemed to have come
into operation on 6th October, 1980.
(3) An officer—
(a) whose pension has been suspended
under section 15 of the Act or under
a corresponding provision in any
law or regulation relating to the grant
of pensions in respect of public
service; or
(b) who has retired from the public
service without pension on account
of ill-health, abolition of office, or re-
organisation designed to effect
greater efficiency or economy, and
Pensions 38
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This paragraph, inserted by Act 20 of 1971, applies to an officer in the public service on
or after 1st October, 1964(see Act 20 of 1971, section 2).

15 & 16
Geo. 5,
c. 59
has subsequently been re-employed
in the public service; or
(c) who has left pensionable service
under the Teachers (Superannuation)
Act, 1925, of the United Kingdom
with a view to entering public
service not being service
pensionable under the said Act and
has, not later than three months after
leaving such first mentioned service,
received any salary in respect of
employment in public service not
so pensionable,
may, if the Minister 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 has not occurred, such
pension to be in lieu of—
(i) any pension previously granted to
him from the public funds of Guyana,
and
(ii) any gratuity so granted which is
required to be refunded as a
condition of the application to the
officer of this regulation,
but additional to any gratuity so granted which is not
required to be refunded as aforesaid.
 (4) For the purposes of this regulation, in
reckoning service paid for out of an open vote, such service
shall be deemed to be continuous if the officer has been
39 Pensions
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 The amendments to this regulation effected by Act 20 of 1971 apply to an officer in the public
service on or after 1st October 1964 (see Act 20 of 1970, section 2).
c. 19:07
Computation
of pensions
and
gratuities.
Leave of
absence.
[20 of 1971
12 of 1976
6 of 1981]
employed continuously, excluding public holidays within the
meaning of the Public Holidays Act.
7. (1) For the purpose of computing the amount of an
officer's pension or gratuity the following periods shall be
taken into account as pensionable service—
(a) any periods during which he has been
on duty;
(b) any period during which he
received half salary from the public
funds of Guyana while proceeding
to Guyana on first appointment;
(c) any period during which he has
been absent from duty on leave, with
salary:
Provided that, save as hereinafter
provided in this section, where an
officer is absent from duty on leave
with salary otherwise than at the full
rate, the period to be counted shall be
the period which bears the same
proportion to the amount of salary
received by him;
(d) any period during which he has
been absent from duty on leave
with or without salary granted on
grounds of public policy and during
which he has not qualified for
pension or gratuity in respect of other
public service;
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(e) any period during which he has
been absent from duty on leave by
reason of interdiction from duty
which has been succeeded by
reinstatement with or without a
penalty by way of deduction of salary
being imposed;
(f) absence from duty on leave with
salary otherwise than at the full rate,
or without salary, for not more than
sixty days in the aggregate prior to
the commencement of this paragraph,
shall be counted;
(g) any period during which a female
officer has been absent from duty by
reason of the grant to her of maternity
leave with salary whether at the full
rate or otherwise;
and any periods during which he has been absent on leave,
other than those specified above, shall be deducted from the
officer's total service in order to arrive at his period of
pensionable service.
(2) For the purpose of computing the amount of
pension of a Judge of the Supreme Court of Judicature, or the
Solicitor-General, or the Director of Public Prosecutions, or the
Chief Parliamentary Counsel —
(a) the pension granted to him shall be
equal to the maximum pension which
may be granted to an officer as
provided by section 12 of the Act, if
he retires from any such office after
completing fifteen years’ pensionable
service in any such office (reckoned
41 Pensions
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otherwise than in accordance with
subparagraph (b) )or that length of
service in the aggregate in more than
one such office and —
(i) in the case of a Judge of the
Supreme Court of Judicature or
the Director of Public
Prosecutions if he retires on
attaining the age at which he is
required by the Constitution to
vacate that office;
(ii) in the case of the Solicitor-
General, or the Chief
Parliamentary Counsel, if he
retires on attaining the age of
sixty- five years;
(b) pensionable service in any of the
aforementioned offices shall be so
reckoned as if every year of
pensionable service were counted as
two years of pensionable service, if
the holder retires therefrom on
attaining the age specified in
subparagraph (a):
Provided that the Minister may, if he
thinks fit, having due regard to the
special circumstances of any
particular case, grant to the holder of
any such office who —
(i) has completed the minimum
period of service required for
the purposes of subparagraph
(a), the benefits conferred by
that subparagraph;
(ii) has not completed that
Pensions 42
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minimum period of service, the
benefits conferred by
subparagraph (b),
notwithstanding that he retires therefrom on or after attaining
the age of fifty years but before attaining the age specified in
subparagraph (a).
(2A) Where the holder of an office referred to in
paragraph (2) is allowed to continue in office after attaining
the age of retirement referred to therein, he—
(a) notwithstanding the provisions of
paragraph (2), may be granted a
pension computed after taking into
account the entire period of service
rendered by him whether or not the
pension so payable exceeds the limit
described in section 12:
Provided that the pension granted to
him under this paragraph shall not
exceed the highest annual rate of
salary payable to him at any time in a
pensionable office in Guyana;
(b) although still in service may, at his
option exercisable in accordance with
section 14 (without the right of
revocation granted thereby, be paid
an amount not exceeding the amount
which would have been payable as
gratuity to him under that section if
he had retired on attaining the age of
retirement referred to in paragraph (2)
and any amount so paid shall be set
off against the superannuation
benefits granted to him on his
retirement or against any gratuity
43 Pensions
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War service
not to
prejudice
pension rights.
payable on his death to his legal
personal representative.
(3) The Minister may, by order, direct that with
effect from such date as may be specified in the order,
paragraphs (2) and (2A) shall apply to the holder of such
other office (being an office connected with the courts of
Guyana or for the appointment to which legal qualifications
are required) enjoying conditions of service which taken as a
whole are, in the opinion of the Minster, not less favourable
than those enjoyed by the holder of the office of Judge of the
High Court, as the said paragraphs apply to the holder of an
office mentioned therein.
(4) Paragraphs (2), (2A) and (3) shall apply to the
persons holding the offices to which those respective
paragraphs apply on or after 1st January, 1965, and the power
conferred on the Minister by the proviso to paragraph (2) may
be exercised by him in relation to a person who held any such
office on 1st January, 1965, notwithstanding that he retired
therefrom before the enactment of the Pensions (Amendment)
Act 1976.
(4A) The amendment effected in relation to
paragraph (4) by the Miscellaneous Enactments (Amendment)
Act 1981 shall not apply to any person who retired from any of
the offices referred to in that paragraph before the coming into
operation of that amendment.
(5) Subject to section 6, paragraphs (2) and (2A)
shall, as the same apply in relation to a Justice of Appeal,
apply mutatis mutandis in relation to an officer holding a
pensionable office, who is appointed to the office of
Ombudsman on or after 26th May, 1966.
8. For the purpose of computing the amount of
pension or gratuity of an officer who, during some period of
his service in a pensionable office in Guyana has served with
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Emoluments
to be taken
for
computing
pension or
gratuity.
[15 of 1963
2 of 1970]

the Guyana Defence Force or, before the 26th May, 1966, with
the consent of Government with the armed forces of a
Commonwealth country or in any other capacity connected
with a state of war, the whole or any part of such period may
be taken into account.
9. (1) For the purpose of computing the amount of the
pension or gratuity of an officer 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
has been transferred from one office
to another, but whose pensionable
emoluments have not been changed
by reason of such transfer or transfers,
otherwise than by the grant of any
scale increment, the full annual
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:
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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
(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 Minister, would
have been granted to him, the
annual pensionable
emoluments which would have
been so enjoyed shall be taken.
(2) For the purpose of determining under
paragraph (1) the pensionable emoluments that an officer has
enjoyed or would have enjoyed, as the case may be, he shall be
deemed—
(a) to have been on duty on full
pensionable emoluments throughout
the period of three years immediately
preceding the date of his retirement;
(b) to have enjoyed the benefit of any
increase due to a revision of salaries
in the pensionable emoluments of any
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office held by him as if such increase
had been payable throughout such
period of three years:
Provided that—
(i) if he has been transferred from
an office which has been
abolished and by reason thereof
the pensionable emoluments of
that office were not considered
for revision in a general
revision of the pensionable
emoluments of public officers;
or
(ii) if he has been transferred from
an office the pensionable
emoluments of which have for
any reason been altered
subsequent to his having held
that office thereby affecting the
revision of those emoluments
in a general revision of the
pensionable emoluments of
public officers,
then, for the purposes of this
regulation, the pensionable
emoluments of the office which has
been abolished or of the office the
pensionable emoluments of which
have been altered shall be equated
with the pensionable emoluments of
such office or offices as are certified
by the Secretary to the Treasury as
having enjoyed the like pensionable
emoluments as the office which has
been abolished, at the time of the said
revision, or as the office the
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pensionable emoluments of which
have been altered, immediately prior
to such alteration, as the case may be;
(c) to have enjoyed the benefit of any
inducement allowance and any
increase thereof forming part of his
pensionable emoluments, as if such
allowance or increased allowance, as
the case may be, had been payable
throughout such period of three
years.
(3) For the purpose of computing the amount of
the pension or gratuity of an officer who has had a period of
less than three years’ pensionable service before his
retirement—
(a) the average annual pensionable
emoluments enjoyed by him during
such periods shall be taken;
(b) he shall be deemed to have been on
duty on full pensionable emoluments
throughout such period;
(c) he shall be deemed to have enjoyed
the benefit of any increase due to a
revision of salaries in the pensionable
emoluments of any office held by him
as if such increase had been payable
throughout such period; and
(d) he shall be deemed to have enjoyed
the benefit of any inducement
allowance and any increase thereof
forming part of his pensionable
emoluments, as if such allowance or
increased allowance had been payable
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Service in a
non-
pensionable
office.
[20 of 1971
12 of 1976
7 of 1979]
throughout such period.
(4) This regulation (except paragraphs (2) (c) and
(3) (d) which shall be deemed to have come into operation on
1st April 1961) shall be deemed to have come into operation
on the I St January, 1954.
10. (1) Only service in a pensionable office shall be
taken into account as pensionable service:
Provided that—
(a) where the service in a pensionable
office has been immediately preceded
by an unbroken period of service in
an appointment other than a
pensionable office, or of service paid
for out of an open vote, or of both
such services, such period, or any part
of such period may be taken into
account in computing pension or
gratuity;
(b) where service in an appointment
other than a pensionable office, or of
service paid for out of an open vote,
or of both such services, in
circumstances to which paragraph (b)
of the proviso to regulation 6(1)
applies has preceded service in a
pensionable office, the service in an
appointment other than a pensionable
office or of service paid for out of an
open vote, or of both such services, or
any part thereof, may be taken into
account in computing pension or
gratuity.
(2) Any break in service which may be disregarded
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under regulation 6 may likewise be disregarded in
determining for the purposes of the proviso to paragraph (1)
whether one period of service immediately follows another
period of service.
(3) For the purpose of this regulation—
(a) where a person who shall be or has
been appointed to a pensionable office
or to an office or employment other
than a pensionable office has,
preceding such appointment (whether
before or after the coming into
operation of this sub-paragraph) had
service as a teacher in a school within
the meaning of the Teachers’ Pensions
Act and retires from a pensionable
office, then if the name of that person
—
(i) is in the Teachers’ Pension
Register in accordance with the
Teachers’ Pensions Act; or
(ii) is not in the Teachers’ Pension
Register but he had given
service as a teacher which
would have been reckonable in
determining his eligibility to
have his name entered in the
said Register, if he had
continued to serve as a teacher,
the period of service of such person as
a teacher shall be taken into account
in computing pension or gratuity, and
in the case of a person to whom
subparagraph (a) (ii) applies, as if the
name of that person had been entered
in the Register and where such a
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 †The substitution (by Act 20 of 1971) of this regulation for the previous regulation 11 as enacted
in the original Ordinance 38 of 1957 applies to an officer in the public service on or after 1st
October, 1964 (see Act 20 of 1971, section 2).

Acting service.
[20 of 1971]

Abolition or
person was in retirement at the time
of the enactment of the Pensions
(Amendment) Act 1976 if he retired
on or after 19th June, 1971:
Provided that where the service as a
teacher of a person who retires from a
pensionable office did not
immediately precede the service of
that person in the public service the
period of service as a teacher may be
taken into account, only with the
approval of the Minister;
(b) a period of service in an appointment
other than a pensionable office, or of
service paid for out of an open vote,
or of both such services, shall be
deemed to be unbroken if during
some period of such service an officer
has served with the Guyana Defence
Force or, before 26th May, 1966, with
the armed forces of a Commonwealth
country, or in any other capacity
connected with a state of war.
11. Where an officer has performed acting service in
the public service, the period of such service may be taken into
account as qualifying or pensionable service:
Provided that this period of service is immediately
succeeded by service in a substantive capacity in the public
service.
12. If an officer holding a pensionable office is retired
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reorganisation
of office.


Rates of
pension when
offices are
abolished.
[12 of 1976]
from the service in consequence of the abolition of his office,
or for the purpose of facilitating improvements in the
organisation of the department to which he belongs, by which
greater efficiency or economy can be effected he may be
granted a pension calculated in accordance with regulation 13
subject to the condition that he shall be liable to be recalled to
service in Guyana:
Provided that—
(a) if such person is not qualified for
other employment or if there is no
reason, in the opinion of the Minister,
to expect that he can be shortly re-
employed, a pension may be granted
to him free from the above-mentioned
condition;
(b) such person shall not be liable to be
recalled to service in Guyana after the
expiration of one year from the date
of his retirement.
13. (1) In the case of an officer retired as provided in
regulation 12 who has served ten years or upwards in Guyana,
and whether such officer has attained the age of fifty-five
years or not, his pension may be at the rate of the number of
number of six-hundredths of his pensionable emoluments set
out in regulation 3 and there may be granted also an
additional pension based on the number of sixtieths of his
pensionable emoluments not exceeding the following:
(a) in the case of an officer who has
served not less than twenty years . . . 8
(b) in the case of an officer who has
served seventeen years . . . . . . . . . . . . 7
(c) in the case of an officer who has
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Rates of
gratuity on
abolition when
service less
than ten years.

Officers
retiring on
account of
injuries.
[4 of 1972]
served fifteen years.............................. 6
(d) in the case of an officer who has
served twelve years............................. 5
(e) in the case of an officer who has
served ten years ....................................4
(2) No additional pension shall be granted under
this regulation so as to entitle an officer to a higher total
pension than the maximum of two-thirds of his pensionable
emoluments at the date he ceased to be in the service of
Guyana or than the pension for which he would have
qualified by length of service on reaching the age at which he
may be required to retire under section 11 (except for the
proviso) having received all increments for which he would
have been eligible by that date.
14. In the case of an officer retired as provided in
regulation 12 and whose length of service is not such as to
entitle him to a pension, a special gratuity not exceeding one-
eighth of a month’s pensionable emoluments for each
complete month of service may be granted.
15. (1) Where an officer has been permanently
injured—
(a) in the actual discharge of his duty;
and
(b) without his own default; and
(c) by some injury specifically
attributable to the nature of his duty;
and his retirement is thereby necessitated or materially
accelerated, he may, if he is qualified for a pension under
regulation 3, be granted, in addition to the pension granted to
him under that regulation, an additional pension at the rate of
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Pensions to
injured officers
where service
less than 10
years.
the proportion of his actual pensionable emoluments at the
date of his injury appropriate to his case as shown in the
following table:
When his capacity to contribute to his own support is—
slightly impaired ... five-sixtieths;
impaired ... ten-sixtieths;
materially impaired ... fifteen-sixtieths;
totally destroyed ... twenty-sixtieths:
Provided that the amount of the additional pension shall
be reduced to such an extent as the Minister shall think
reasonable in the following cases:
(i) where the injured officer has
continued to serve for not less
than one year after the injury in
respect of which he retires;
(ii) where the injured officer is fifty
years of age or upwards at the
date of his injury; or
(iii) where the injury is not the sole
cause of retirement, but the
retirement is caused partly by
age or infirmity not due to the
injury.
Provided also that the total amount of the additional
pension shall not exceed the amount prescribed in section
12(3) of the Act.
(2) An officer so injured, whose length of service is
not such as to qualify him for a pension under regulation 3,
but who is qualified for a gratuity under regulation 4, may
nevertheless be granted in lieu of such gratuity a pension at
the rate of one six-hundredth of his pensionable emoluments
for each complete month of pensionable service together with
such additional pension as might be awarded to him under the
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c.36:01

Computation
of pensions.
preceding part of this regulation as if he were qualified for a
pension.
(3) An officer so injured who is not qualified for
either a pension under regulation 3 or a gratuity under
regulation 4 may nevertheless be granted an allowance
payable monthly at the same rate as the additional pension
which he might have been granted if he had been so qualified.
(4) If an officer proceeding by a route approved by
the Minister to or from Guyana at the commencement or
termination of his service therein, or of a period of leave
therefrom is permanently injured as the result of damage to
the vessel or vehicle in which he is travelling or of any act of
violence directed against such vessel or vehicle, and the
President is satisfied that such damage or act is attributable to
circumstances arising out of any war in which the
Government of Guyana may be engaged, such officer shall be
deemed, for the purposes of this regulation to have been
injured in the circumstances described in paragraph (1).
(5) An officer who is permanently injured while
travelling by air in pursuance of official instructions shall be
deemed to have been injured in the circumstances detailed in
paragraph (l)(a) and (c):
Provided that in such a case and if subparagraph (b) of
that paragraph is also satisfied the rates of pension prescribed
in that paragraph shall be seven and a half-sixtieths, fifteen-
sixtieths, twenty-one and a half-sixtieths and thirty-sixtieths
respectively.
(6) This regulation shall apply to an officer
notwithstanding the fact that by reason of his injury he or his
dependants as defined under the National Insurance and
Social Security Act are entitled to benefits under that Act.
16. (1) If any officer to whom a pension has been
granted from the public funds of Guyana is re-employed in
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Re-employed
pensioners.
[9 of 1990]


Allowance to
officers who
have served
twenty years
in a non-
pensionable
office.
[12 of 1976]

the same or another office in the service of Guyana, or in other
public service and subsequently retires in circumstances in
which he may be granted a pension, he may be granted in lieu
of his previous pension a pension computed as if the periods
of his service had been continuous, and such pension may be
based on his pensionable emoluments on his previous or final
retirement from the service of Guyana, whichever may be the
greater:
Provided that if on his previous retirement he was paid a
gratuity and a reduced pension, he may be granted a pension
computed on his total service, calculated for the first period on
the same reduced principle as his previous pension and as a
full pension for the next period of such service:
Provided further that, where an officer exercises the
option referred to in section 14 (1) in respect of the pension for
the next period of service referred to in the preceding proviso,
section 14 shall apply in respect of the pension for the
aforesaid next period of service.
17. (1) In special cases any person holding a non-
pensionable officers who office who after the commencement
of the Act retires in circumstances in which he might have
been granted a pension if he had held a pensionable office
may if he has not less than 20 years continuous service in
Guyana or such shorter period of service as the Minister may
approve in the special circumstances of any particular case be
granted an annual allowance not exceeding two-thirds of the
pension that he might have been granted had he been
employed in a pensionable office.
(2) Where an officer has been transferred from a
pensionable to a non-pensionable office, he shall be entitled
either—
(a) to count his service in the non-
pensionable office as though it were
service in a pensionable office at the
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Gratuities to
be paid to
female
officers on
marriage.
[12 of 1976]


Application of
regulations in
Part II
salary which he received immediately
prior to such transfer; or
(b) to count his service in the pensionable
office as though it were in the non-
pensionable office, and to take the
benefit of this regulation accordingly.
(3) An officer who is granted an annual allowance
under this regulation may, in like manner as an officer to
whom a pension is granted under the Act, exercise the option
to be paid an annual allowance at the rate of three-fourths of
such allowance together with a sum equal to twelve and one-
half times the amount by which such annual allowance is
reduced.
18. Where after the date of the enactment of the
Pensions (Amendment) Act, 1976 an unmarried female officer
who was in the public service on that date resigns from the
service of Guyana on or with a view to marriage after having
held a pensionable office or offices in Guyana for not less than
five years and having been confirmed in a pensionable office,
she may, if she is not otherwise eligible for the grant of any
pension, gratuity or other allowance from the public funds of
Guyana, be granted, on production within six months of her
resignation, or such longer period as the Minister may in any
particular case allow, of satisfactory evidence of the marriage,
a gratuity not exceeding one-twelfth of a month’s pensionable
emoluments for each completed month of pensionable service
in Guyana or one year’s pensionable emoluments, whichever
shall be the less.
PART III
SPECIAL REGULATIONS FOR OFFICERS WITH OTHER PUBLIC
SERVICE
19. Subject to the succeeding regulations, regulations
10 and 16 shall apply to the case of an officer who has been
transferred to or from the service of Guyana from or to other
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Pension for
service wholly
under the
scheduled
Governments.
[12 of 1976]

public service, and regulations 5 to 10 (inclusive) and 17, shall
apply to the case of an officer so transferred as if his whole
service had been in Guyana.
20. (1) Where the other public service of an officer has
been wholly Pension for under one or more of the scheduled
Governments and his aggregate service would have qualified
him, had it been wholly in Guyana, for a pension under the
Act, he may, on his retirement from the public service in
circumstances in which he is permitted by the law or
regulations of the service in which he is last employed to retire
on pension or gratuity, be granted a pension from Guyana 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 Guyana as the aggregate amounts
of his pensionable emoluments during his service in Guyana
shall bear to the total amount made up of such aggregate
amount together with the aggregate amount of his
pensionable emoluments from the scheduled Governments.
(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 in Guyana—
(a) the final pensionable emoluments
taken shall be those of his last period
of service under the scheduled
Governments;
(b) no regard shall be had to regulations
13 and 15;
(c) regard shall be had to the condition
that pension may not exceed two-
thirds of the final pensionable
emoluments;
(d) no period of other public service
under any scheduled Government
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which does not grant a pension or
gratuity to the officer shall be taken
into account.
(3) For the purpose of this regulation the aggregate
amount of his pensionable emoluments shall be taken as the
total amount of salary which the officer would have drawn
and the total amount of the other pensionable emoluments
which he would have enjoyed had he been on duty on full pay
in his substantive office or offices throughout his period of
service in Guyana and under the scheduled Governments
subsequent to the attainment of the age of eighteen years:
Provided that—
(a) in calculating the aggregate amount of
his pensionable emoluments no
account shall be taken of any service
under any scheduled Government
which does not grant the officer a
pension or gratuity, or of any period
of leave without salary or with salary
at a special rate which was granted to
him in order to make continuous
service interrupted either by abolition
of office or in consequence of a
reorganisation designed to effect
greater efficiency and economy;
(b) where an officer entered the public
service prior to the 1st January, 1930,
his pension in respect of his service in
Guyana may be calculated as though
any scheduled Government under
which he has served had not been
included in the schedule of these
Regulations, if this should be to his
advantage.
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Pension where
other service
not within
scheduled
Governments.
[12 of 1976]


Pension where
other service
both with and
not with
scheduled
Governments.

Addition to
pension in
respect of
abolition or
reorganisation
of office.


Addition to
pension to
officers
retiring on
account of
injury.
21. Where the other public service of an officer has not
included service under any of the scheduled Governments,
and his aggregate service would have rendered him eligible,
had it been wholly in within Guyana, for a pension under
these Regulations, he may, on his ultimate retirement from the
public service in circumstances in which he is permitted by the
law or regulations of the service in which he is last employed
to retire on pension or gratuity or on or after attaining the age
of fifty-five years, whichever is earlier, be granted a pension
from the public funds of Guyana at the rate of one six-
hundredth of the amount of his pensionable emoluments at
the date of his transfer or retirement from the service of
Guyana for each calendar month of his pensionable service in
Guyana.
22. Where a part only of the other public service of an
officer has been under one or more of the scheduled
Government, regulation 20 shall apply; but in calculating the
amount of pension regard shall be had only to service in the
scheduled Governments.
23. Where an officer who has been transferred from
other public service and whose aggregate service would have
rendered him eligible had it been wholly in Guyana for a
pension under these Regulations is compulsorily retired from
the public service in circumstances mentioned in regulation 12
he may if at the time he is in the service of Guyana be granted
from the public funds of Guyana in addition to the pension
granted to him under regulation 20, 21 or 22, as the case may
be, an addition to his pension equal to the addition to his
pension which might have been granted to him if his total
pensionable service had been in Guyana.
24. Where an officer who has been transferred from
other public service and whose aggregate service would have
rendered him eligible had it been wholly in Guyana for a
pension under these Regulations is compulsorily retired from
the public service in circumstances mentioned in regulation 15
he may if at the time he is in the service of Guyana be granted
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Gratuities
where length
of service does
not qualify for
pension.

Officers
transferred to
other public
service and
retiring after
less than 12
months
employment in
from the public funds of Guyana an addition to his pension
allowed by that regulation as well as the pension granted
under regulation 20, 21 or 22, as the case may be.
25. (1) Where an officer who has been transferred to or
from the service of Guyana from or to other public service
retires from the public service in circumstances in which he is
permitted by the law or does not regulations of the service in
which he is last employed to retire on pension or gratuity but
has not completed in the aggregate the minimum period of
service qualifying him for a pension he may be granted from
the public funds of Guyana a gratuity not exceeding five times
the annual amount of the pension which, if there had been no
qualifying period, might have been granted to him under
regulation 20, 21 or 22, as the case may be.
(2) Where such an officer is compulsorily retired
from the public service in circumstances mentioned in
regulation 12 he may if at the time he is in the service of
Guyana be granted a special gratuity equal to one-third of the
gratuity which might have been granted to him if his total
pensionable service had been in Guyana together with the
gratuity if any which may be granted to him under paragraph
(1).
(3) Where such an officer is compulsorily retired
from the public service in circumstances mentioned in
regulation 15 he may if at the time of such retirement he is in
the service of Guyana be treated as if he had no other public
service but he shall not be granted in addition the gratuity for
which he is eligible under paragraph (1).
26. Where an officer who is transferred to other public
service is not granted a pension or gratuity in respect of his
employment in the service in which he is last employed solely
by reason of the fact that he has not completed twelve months’
service therein he shall not on that account be disqualified
from receiving a pension or gratuity from the public funds of
Guyana if otherwise eligible therefor.
61 Pensions
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last service.

Retirement of
transferred
officers on
account of
marriage.
[12 of 1976]
reg. 2
[O. 67/1958
70/1959
15/1963]
27. A female officer who has been transferred to or
from the of transferred service of Guyana and who retires on
or with a view to marriage, and in consequence—
(a) is, or, if the whole of her public
service had been in the service of
Guyana, would have been eligible for
a gratuity under regulation 18(1); and
(b) if she is, at the date of her resignation
or retirement in other public service,
eligible for a gratuity under
provisions corresponding to that
regulation in the law or regulations of
the public service in which she is last
employed, may if she is not otherwise
eligible for the grant of any pension,
gratuity or other allowance from the
public funds of Guyana, be granted a
gratuity which bears to the gratuity
for which she would be eligible if her
public service had been wholly in the
service in which she is last employed
the proportion which her service in
Guyana bears to her total public
service:
Provided that, for the purpose of computing such an
officer’s total public service under this regulation, no regard
shall be had to any service under a Government which does
not grant a gratuity to her in consequence of her retirement.
SCHEDULE
SCHEDULED GOVERNMENT
Aden
Pensions 62
LAWS OF GUYANA
Cap. 27:02
[Subsidiary] Pensions Regulations
L.R.O. 1/2012
Antigua
Bahamas
Barbados
Basutoland
Bechuanaland Protectorate
Bermuda
British Honduras
Brunei
Cayman Islands
Crown Agents for Overseas Governments and Administrations
Dominica
East African High Commission
East African Railways and Harbours Administration
Eastern Region of Nigeria
Employing Authorities under the Overseas Superannuation
Scheme
Employing Authority under the Overseas Service Act, 1958, of the
United Kingdom
Falkland Islands
Federated Malay States
Federation of Malaya
Federation of Nigeria
Federation of Rhodesia and Nyasaland
Fiji
Gambia
Ghana
Gibraltar
Gold Coast
Government of the United Kingdom and Northern Ireland
Hong-Kong
Interim Commissioner for the West Indies
Jamaica
Kenya
Leeward Islands (before 1st July, 1956)
Malayan Establishment
Malayan Union
Malta
Mauritius
Montserrat
63 Pensions
LAWS OF GUYANA
Cap. 27:02
[Subsidiary] Pensions Regulations
L.R.O. 1/2012
New Hebrides
Nigeria
North Borneo
Northern Region of Nigeria
Northern Rhodesia
Nyasaland
Overseas Audit Department (Home Establishment)
St. Helena
Sarawak
Seychelles
Sierra Leone
Singapore
St. Christopher, Nevis and Anguilla
Straits Settlements
Swaziland
Tanganyika Territory
Trinidad
Turks and Caicos Islands
Uganda
Virgin Islands
The West Indies
Western Pacific :—
Gilbert and Ellice Islands
Solomon Islands
Western Region of Nigeria
Windward Islands :—
Grenada
St. Lucia
St. Vincent
Zanzibar.
______________________
Pensions 64