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Chapter 27:03 - Pensions (President, Parliamentary and Special Offices)

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L.R.O. 1/2012
LAWS OF GUYANA
PENSIONS (PRESIDENT, PARLIAMENTARY AND
SPECIAL OFFICES) ACT
CHAPTER 27:03
Act
30 of 1969
Amended by
4
24
6
of
of
of
1972
1974
1981
O. 80/1980
19 of 1990 18
4
of
of
1991
2011

Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 31 ... 1/2012
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Index
of
Subsidiary Legislation
Page
Pensions (President, Parliamentary and Special Offices)
(Designation) Order. 26
(O. 15/1971)
Pensions (President, Parliamentary and Special Offices)
(Designation) (Service Commission) Order. 28
(O. 47/1973, 61/1973)
Pensions (President, Parliamentary and Special Offices)
(Designation) (Elections Commission) Order. 30
(O. 52/1976, 117/1974)
Pensions (President, Parliamentary and Special Offices)
(Designation) (Public Corporations) Order. 31
(O. 143/1974)

Note
on
Revision Date
This Act had been revised up to January, 1st 2012
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CHAPTER 27:03
PENSIONS (PRESIDENT, PARLIAMENTARY AND SPECIAL OFFICES)
ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY

1. Short title.
2. Interpretation.
PART II
PRESIDENT AND PRIME MINISTER
3. Right of President and Prime Minister to pension.
4. Rate of President’s and Prime Minister’s pensions.
5. President and Prime Minister’s widow’s pensions.
6. President and Prime Minister’s children’s allowance.
6A. Gratuity where office holder dies leaving no widow or entitled child.
PART III
PARLIAMENTARY AND SPECIAL OFFICES
7. Contributors.
8. Contributions.
9. Circumstances in which pensions are payable.
10. Rate of pension.
11. Cessation of pension if person in receipt thereof again becomes a
legislator.
12. Gratuity and reduced pension.
13. Gratuity.
14. Widow’s pension.
15. Children’s allowance.
15A. Gratuity where contributor dies leaving no eligible relative or
dependant.
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SECTION
PART IV
MISCELLANEOUS
16. Sources and method of payments.
17. Awards not to be assignable.
18. Power to make regulations.
FIRST SCHEDULE—Former Legislative Service.
SECOND SCHEDULE—Specified Qualifying Officers.
_____________________
CHAPTER 27:03
PENSIONS (PRESIDENT, PARLIAMENTARY AND SPECIAL OFFICES)
ACT
30 of 1969 An Act to make provision for the payment of
Superannuation Benefits in respect of service in the
offices of President and Prime Minister and in other
parliamentary and special offices.
[Part II (sections 3 to 6 inclusive) and sections 2, 16, 17 and 18
in their application thereto 10TH NOVEMBER, 1969
Remainder 1ST JANUARY, 1970]
Short title.

Interpretation.
[4 of 1972]
PART I
PRELIMINARY
1. This Act may be cited as the Pensions (President,
Parliamentary and Special Offices) Act.
2. (1) In this Act—
“award” means any amount payable out of the
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First Schedule.


Consolidated Fund to any person pursuant to this Act;
“child” includes—
(a) a posthumous child;
(b) a step-child;
(c) an illegitimate child who
immediately before the death of the
deceased person, was wholly or
partially dependent on him for
support; and
(d) an adopted child, adopted in a
manner recognised by law and, in the
case of the President, the Prime
Minister or a person referred to in
section 14(1)(a), before the President,
the Prime Minister or such person last
ceased to be President, Prime
Minister, or a legislator, as the case
may be;
“contributions” means contributions payable pursuant to
section 8;
“contributor” means any person who by virtue of section 7
becomes a contributor under this Act or who by virtue
of section 9 is deemed to have become such a
contributor;
“former legislative service” means legislative service
between 18th May, 1953 and 31st December, 1969 (both
dates inclusive) as set out in the First Schedule, and
service between 5th October, 1961 and 31st December,
1969 (both dates inclusive) as the holder of a specified
qualifying office;
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“legislator” means a person who—
(a) is a member of the National
Assembly; or
(b) is the holder of a specified qualifying
office;
“pension” means a pension payable pursuant to section 9;
“President” in relation to any period prior to 23rd
February, 1970 includes Governor-General;
“President’s pension” means a pension payable under Part
II to a person who has ceased to be President;
“Prime Minister’s pension” means a pension payable under
Part II to a person who has ceased to be Prime Minister;
“salary” means—
(a) in respect of former legislative
service, the basic salary paid to a
person by virtue of his being a
member of the appropriate legislative
body specified in the First Schedule
during the period of such service or,
where during that period any such
member held a specified qualifying
office, the basic salary paid in respect
of the office so held; and
(b) as respects the President, the Prime
Minister or a legislator, the basic
salary payable to the President, the
Prime Minister or the legislator as
such, but in relation to a legislator
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Second
Schedule.

Right of
President and
Prime Minister
to pension.
holding any specified qualifying
office means the basic salary payable
to him in respect of the office so held;
and
for the purposes of this definition “basic salary” means the
emoluments attaching to the appropriate office exclusive
of any duty allowance, professional allowance, entertainment
allowance or any other allowance whatever or any amount
provided as a contribution to office or any other expenses;
“specified qualifying office” means any of the offices
specified in the Second Schedule or any office
designated as such by order made by the Minister
subject to negative resolution of the National Assembly;
“widow” includes widower.
(2) Where the Minister by order made under
subsection (1) designates any office to be a specified
qualifying office for the purposes of this Act, he may by
order made in like manner prescribe any conditions upon
which service in that office shall be service as a legislator for
the purposes of this Act, and the provisions of this Act shall
have effect accordingly.
PART II
PRESIDENT AND PRIME MINISTER
3. (l) Every person who having held the office of
President on or after 16th December, 1966 or who having
held the office of Prime Minister on or after 22nd December,
1965, ceases at any time after such date to be President or
Prime Minister shall be paid a pension under this Act with
effect from the date on which he ceases to be President or
Prime Minister, as the case may be, and, subject to
subsection (2), such pension shall continue to be paid
during the lifetime of that person.
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Rate of
President’s and
Prime
Minister’s
pensions.
[18 of 1991]

President’s and
Prime
Minister’s
widow’s
pension.
[18 of 1991]
President’s and
Prime
Minister’s
children’s
allowance.
[O. 80/1980
6 of 1981
19 of 1990]

(2) The President’s pension and the Prime
Minister’s pension shall, if the person to whom it is payable
becomes entitled to salary as a legislator or as President or
Prime Minister, cease to be payable during the period in
respect of which that person is in receipt of salary as a
legislator or as President or Prime Minister, as the case may
be; but where the President’s pension or the Prime Minister’s
pension, as the case may be, exceeds the rate of such salary,
nothing in this subsection shall prevent the payment of such
pension to the extent of such excess.
4. The President’s pension and the Prime Minister’s
pension shall be seven-eighths of the highest annual rate of
salary paid to such person at any time as President or Prime
Minister as the case may be or two hundred and four
thousand dollars per annum, whichever is the greater.
5. Where a person dies while he is President or
Prime Minister or while he is entitled to receive the
President’s pension or the Prime Minister’s pension and he
leaves a widow, the widow shall be paid a pension at an
annual rate equivalent to seven-eighths of the President’s
pension or the Prime Minister’s pension, as the case may
be.
6. (1) Where a person dies while he is President or
Prime Minister or while he is entitled to receive the
President’s pension or the Prime Minister’s pension, leaving
entitled children, each of such children shall be paid, until
he dies or ceases to be an entitled child, such allowance at
such rate as the President shall determine; so, however, that
(a) where there is one entitled child, the
annual rate of allowance payable shall
not exceed one-sixth of the annual
rate of pension specified in section 4;
or
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Gratuity where
office holder
dies leaving no
widow or
entitled child.
[6 of 1981
19 of 1990]
Contributors.
(b) where there is more than one entitled
child, the aggregate rate of allowance
payable shall not exceed one- third of
the annual rate of pension specified in
section 4.
(2) In this section, “entitled child” means a child
who has not attained the age of twenty-one years.
6A. (1) Where a person dies while he is President or
Prime Minister and he does not leave a widow or entitled
child, there shall be paid to the legal personal representative
of the deceased person a gratuity of an amount not
exceeding the highest annual rate of salary payable at any
time to the deceased person as President or Prime Minister,
as the case may be, as the President shall determine.
(2) Where a person dies while he is entitled to
receive the President’s pension or the Prime Minister’s
pension and the aggregate of the pension paid or payable
to him, up to the date of his death, under section 4 is less
than his highest annual rate of salary, there shall be paid
to his legal personal representative a gratuity equal to the
deficiency.
(3) In this section “entitled child” has the same
meaning as in section 6.
PART III
PARLIAMENTARY AND SPECIAL OFFICES
7. (1) Subject to subsection (2), every person who, on
1st January,1970, is a legislator, and every person who,
after 1st January, 1970, becomes a legislator, shall, by virtue
of being a legislator, become a contributor under this Act.

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Contributions.

Circumstances
in which
pensions are
payable.
[24 of 1974
6 of 1981
18 of 1991
4 of 2011]
(2) This section shall not apply to any person who
on 1st January, 1970 is a legislator but who within twenty-one
days thereafter notifies the Clerk of the National Assembly in
writing of his intention not to become a contributor under this
Act.
8. (1) Contributions are payable under this Act by
every person who becomes a contributor and such
contributions shall—
(a) be at the rate of 6 per cent of the
salary payable to the contributor;
(b) be payable in respect of the salary
of the contributor commencing on
1st January, 1970, or on any later
date on which the person
concerned becomes a contributor
until he ceases to be a legislator;
(c) accrue daily and be deducted
monthly from the salary of each
contributor and be paid to the
Accountant-General.
(2) All contributions made pursuant to this
section shall be paid into the Consolidated Fund.
9. (1) Subject to this Act, a pension shall be paid
to any person who, having become a contributor under this
Act—
(a) has served as a legislator for two
parliamentary terms or for periods
equal in the aggregate to not less than
4 years; and
(b) has ceased to be a legislator.
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(c) [Repealed by Act No. 4 of 2011]
(2) For the purposes of this Act, a person shall be
deemed to have become a contributor, notwithstanding that
he is not a legislator on 1st January, 1970, or does not become
a legislator thereafter, if he was a member of the National
Assembly on or after 26th May, 1966; and in determining, for
the purposes of this Act, the length of service of any person
as a legislator account shall be taken of former legislative
service notwithstanding that contributions in respect thereof
are not payable under this Act.
(3) For the purposes of this section—
(a) a person does not cease to be a
legislator by reason only of the
dissolution of Parliament;
(b) a person who immediately before
the dissolution of Parliament was a
member of the National Assembly
shall cease to be a member of the
National Assembly if he is not such
a member when the National
Assembly first meets next following
the dissolution, and if he so ceases
shall be deemed to have ceased to be
a member of the National Assembly
from the date of the dissolution
aforesaid;
(c) a person who is a legislator by virtue
only of holding a specified qualifying
office shall cease to be a legislator
from the date on which he ceases to
hold such office.

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(4) No computation of a pension shall be made
after a general election until 30 days, or such longer period
not exceeding three months as may be prescribed, has
elapsed after the general election.
(5) No pension may be paid to any person
who is in receipt of or is entitled to receive a President’s
pension or a Prime Minister’s pension.
(6) [Repealed by Act No. 4 of 2011]
(7) [Repealed by Act No. 4 of 2011]
(8) Where a person who has served as a legislator
for periods amounting in the aggregate to not less than
twelve years continues as a legislator thereafter, he may, at
his option exercisable in accordance with section 12, at any
time, be paid, although he has not ceased to be a legislator,
an amount not exceeding the amount which would have
been payable as gratuity to him under that section if he
had ceased to be a legislator on the day on which he
completed the aforesaid twelve years of service, and any
amount so paid shall be set off against the superannuation
benefits granted to him on his ceasing to be a legislator
after that payment or against any gratuity payable under
this Act on his death to his legal personal representative:
Provided that a legislator on receipt of a gratuity or at
any time after such receipt may, notwithstanding the
provisions of this Act, at his option, intimate in writing to the
Minister that he shall thereafter cease to be a contributor;
and in respect of the period of his continuance thereafter as
a legislator he shall be entitled, notwithstanding the
provisions of this Act, to no superannuation benefits under
this Act.
(9) Where a person who has served as a legislator
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Rate of pension.
[24 of 1974
18 of 1991]
for periods amounting in the aggregate to not less than
twelve years continues as a legislator thereafter, he may,
notwithstanding the provisions of this Act, at his option
exercisable on the day on which he completed the aforesaid
twelve years of service or at any time after such day
intimate in writing to the Minister that he shall
thereafter cease to be a contributor; and in respect of
the period of his continuance thereafter as a legislator he
shall be entitled, notwithstanding the provisions of this Act,
to no superannuation benefits under this Act.
10. (1) The pension payable to any person shall—
(a) in the case of a person who has
served as a legislator for two
parliamentary terms or for periods
amounting in the aggregate to not
less than 4 years, be at an annual rate
equal to one-quarter of one year’s
salary of that person:
Provided that in the case of a person
who has served as a legislator for one
or more parliamentary terms or for
periods amounting in the aggregate
to not less than 3 years the pension
payable to that person shall be at
an annual rate equal to one-
quarter of one year’s salary of that
person multiplied by the fraction of 4
years that the aggregate of his service
amounts to;
(b) in the case of a person who has
served as a legislator for periods
amounting in the aggregate to not less
than 6 years, be at an annual rate
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Cessation of
pension if
person in
receipt thereof
equal to one-third of one year’s salary
of that person;
(c) in the case of a person who has
served as a legislator for periods
amounting in the aggregate to not less
than 8 years, be at an annual rate
equal to one-half of one year’s salary
of that person;
(d) in the case of a person who has
served as a legislator for periods
amounting in the aggregate to not less
than 10 years, be at an annual rate
equal to two-thirds of one year’s
salary of that person; and
(e) in the case of a person who has
served as a legislator for periods
amounting in the aggregate to not less
than 12 years, be at an annual rate
equal to seven-eighths of one year’s
salary of that person.
(2) For the purposes of subsection (1), “one year’s
salary” means the highest annual rate of salary payable at
any time to any person as a legislator or in respect of former
legislative service.
(3) The pension payable to any person shall be
paid with effect from the date on which that person
becomes entitled thereto pursuant to section 10 and, subject
to this Act, shall continue to be paid during the lifetime of
that person.
11. (1) A pension shall cease to be payable during any
period in respect of which the person to whom it is payable is
in receipt of salary as a legislator; but where the rate of such
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again becomes
a legislator.

Gratuity and
reduced
pension.
[24 of 1974]

Gratuity.
pension exceeds the rate of such salary, nothing in this
subsection shall prevent the payment of a pension to the
extent of such excess.
(2) At the expiration of the period referred to in
subsection (1) during which a person is in receipt of salary as
a legislator, the rate of pension shall be recalculated in
accordance with section 10.
(3) Where a pension is recalculated pursuant
to subsection (2) and the person entitled thereto opts to
receive such pension by way of a gratuity and a reduced
pension, then in calculating the amount of such gratuity
there shall be deducted there from any amount already paid
to such person by way of gratuity in respect of the pension
payment of which was suspended under subsection (1).
(4) A pension recalculated in accordance with
subsection (2) shall be paid at the recalculated rate with effect
from the date of cessation of the period of service as a
legislator which gave rise to the recalculation.
12. (1) Any person who is entitled to a pension may,
at his option exercisable in accordance with subsection (2), be
paid instead of a pension at the rate provided for in section
10, a pension at the rate of three-fourths of such pension
together with a gratuity equal to twelve and one-half times
the amount of the reduction so made in the pension.
(2) The option referred to in subsection (1) shall be
exercised by notice in writing to the appropriate Minister
within 90 days after the date on which the person concerned
ceases to be a legislator or within such further period as the
appropriate Minister may allow.
13. (1) Where a person—

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Widow’s
pension.
(a) having been a member of the
National Assembly, ceased to be such
a member prior to 1st January, 1970,
and is not eligible for a pension; or
(b) having become a contributor under
this Act by virtue of section 7, ceases
to be a legislator but is not eligible for
a pension,
he shall be paid a gratuity equal to one-tenth of the total
salary received during his period of service as a legislator
so, however, that such gratuity shall not in any event exceed
three years’ salary at the highest annual rate of salary payable
at any time to such person as a legislator.
(2) Where a person who would be entitled to
such a gratuity dies prior to 1st January, 1970, or before such
gratuity has been paid to him, and in the case of a male,
leaves no widow or children entitled to an award, there
shall be paid to the legal personal representative of such
person a gratuity equal to the amount which, pursuant to
subsection (1) would have been paid to such person if he had
not died.
(3) Where a gratuity has been paid under this
section in respect of the service of any person as a legislator,
no other award may be made to or in respect of that person in
relation to the service of that person as a legislator before the
date of the said payment.
14. (1) Subject to this Act, where a person who dies
leaving a widow—
(a) was in receipt of a pension at the
date of his death; or

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(b) had at the date of his death,
satisfied the requirements of section
9(1) (a); or
(c) having become a contributor under
this Act, died, in the opinion of the
Minister, in the course of service as a
legislator,
there shall be paid to the widow, during her lifetime and
while unmarried, a widow’s pension at an annual rate
equivalent to one- half of the pension, which—
(d) in the case of a person mentioned
in paragraph (a), was being paid to
him; or
(e) in the case of a person mentioned
in paragraph (b), not being a person
mentioned in paragraph (c), would
have been payable to him with effect
from the date of his death if he had
not died but had satisfied all the
requirements of section 9 for the
award of a pension computed in
accordance with section 10; or
(f) in the case of a person mentioned
in paragraph (c), would have been
payable to him with effect from the
date of his death if he had not died
but had satisfied all the requirements
of section 9 for the award of a
pension computed in accordance with
section 10 as if he had served as a
legislator for periods amounting in
the aggregate to 12 years.

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(2) A widow’s pension under this section—
(a) shall, subject to subsection (3), if the
widow is in receipt of a pension by
virtue of having been herself a
contributor under the Act, cease to be
payable; and
(b) shall subject to subsection (3), if the
widow is in receipt of salary as a
legislator, cease to be payable during
the period in respect of which the
widow is in receipt of such salary.
(3) Where the rate of widow’s pension exceeds the
rate of pension or the rate of salary, as the case may be,
nothing in subsection (2) shall prevent the payment of the
widow’s pension to the extent of such excess.
(4) Where a person who is serving as a legislator
dies before he has served the required minimum period as a
legislator to permit his widow to qualify for a widow’s
pension under subsection (1) there shall be paid to the
widow a gratuity equal in amount to the total contributions
paid by that person plus a sum equal to the highest annual
salary payable at any time to that person as a legislator or in
respect of former legislative service.
(5) Notwithstanding anything in this Act, but
subject to this section, where a person mentioned in
subsection (1)(a), (b) or (c) dies leaving a dependant to
whom he has bequeathed an annuity not exceeding one-
third of any widow’s pension payable under this section
consequent on the death of a deceased person or which
would have been payable had the deceased person died
leaving a widow, and has directed that such annuity be
payable under this Act, such annuity shall be paid to such
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Children’s
allowance.
[19 of 1990]
dependant; and where a widow’s pension is payable under
this section consequent on the death of the deceased person,
the amount of any annuity so paid shall be deducted from
such pension:
Provided that where the dependant, being an unmarried
person at the date of the deceased’s death, marries, the
said annuity shall forthwith cease to be payable.
(6) For the purposes of this section—
(a) “dependant” means any person, other
than a widow or a child, who
immediately before the death of
the deceased person was wholly
or partially dependent on him for
support;
(b) where an annuity is payable
under sub- section (5)—
(i) subsections (2) and (3) shall
also apply, mutatis mutandis,
to such annuity and to the
dependant to whom it is
payable; and
(ii) the reference in subsection (3)
to the widow’s pension shall,
in relation to the widow, be
construed as a reference to the
pension payable to the widow
under this section less the
amount deducted therefrom
under subsection (5).
15. (1) Subject to this Act, where a person who
comes within section 14(1)(a), (b) or (c) (hereinafter in this
section referred to as the “deceased legislator”) dies leaving
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one or more children, a children’s allowance shall be
payable in respect of such child or children while under
the age of twenty-one years.
(2) Only one children’s allowance is payable in
respect of service of any one person as a legislator, but—
(a) the rate thereof may vary according
to the number of children entitled
thereto, so however, that the
aggregate rate of allowance payable
shall not exceed the rate specified in
subsection (3) (a) or subsection (4) (a),
as the case may be;
(b) it shall be paid to such person or
persons as the Minister may from
time to time direct, and different
parts thereof may be directed to be
paid to different persons;
(c) the person to whom all or any part
thereof is paid shall apply the sum
paid to him, without distinction,
for the benefit of all the children for
the time being entitled thereto or for
the benefit of such of them as the
Minister may from time to time direct.
(3) Where the deceased legislator leaves a
widow, the annual rate of the children’s allowance during
her lifetime shall be—
(a) one-third of the rate of the pension,
not being the widow’s pension,
specified in section 14(1) where
there are two or more children
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Gratuity where
contributor dies
leaving no
eligible relative
or dependant.
[6 of 1981
4 of 2011]
entitled to the children’s allowance;
and
(b) one-sixth of the rate of such pension
where there is only one child entitled
to the children’s allowance.
(4) Where the deceased legislator leaves no
widow, or where he leaves a widow, then, after her death, or
after any pension payable to her ceases to be paid before her
death, the annual rate of the children’s allowance shall be—
(a) one-half of the rate of the pension,
not being the widow’s pension,
specified in section 14(1) where
there are two or more children
entitled to the children’s allowance;
(b) one-quarter of the rate of such
pension where there is only one child
entitled to the children’s allowance.
15A. (1) Where a person, having become a contributor
under this Act, dies, in the opinion of the Minister, in the
course of service as a legislator, and where on the occurrence
of the death no person is otherwise entitled under this Act to
any benefits thereunder, there shall be paid to the legal
personal representative of the deceased person a gratuity of
an amount not exceeding either the person’s highest annual
rate of salary payable at any time to him or the commuted
pension gratuity granted to him under section 12 if he had
retired on the date of his death and had opted to receive
a gratuity and reduced pension, whichever is higher, as the
President shall determine.
(2) Where any such person to whom a pension or
pension and gratuity, as the case may be, has been granted
under this Act dies and the aggregate of the sums paid or
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Source and
method of
payments.

Awards not to
be assignable.

Power to make
regulations.
payable up to the date of his death on account of such
pension or pension and gratuity is less than his highest
annual rate of salary, there shall be paid to his legal personal
representative a gratuity equal to the deficiency.

PART IV
MISCELLANEOUS
16. Any pension, annuity, allowance or gratuity of
whatever kind payable under this Act is hereby charged on
and shall be paid out of the Consolidated Fund, and all
pensions and allowances payable shall be paid monthly in
arrears in equal instalments as far as possible.
17. Any award payable shall not be assignable
or transferable except for the purpose of satisfying—
(a) a debt to the State; or
(b) an order of any court for the payment
of periodical sums of money
towards the maintenance of the
wife, former wife or child, being a
minor, of the person to whom the
award is payable,
and shall not be liable to be attached, sequestered or levied
upon for or in respect of any debt or claim whatever except a
debt due to the State or any sum recoverable pursuant to any
such order of a court as aforesaid.
18. (1) The Minister may make regulations—
(a) prescribing, in the case of any
pension or allowance payable under
this Act, the days on which the
payments of pension or allowance
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s. 2(1)
shall be made;
(b) prescribing, where a recipient of any
pension or allowance under this Act
is incapable of managing his affairs,
that the pension or the allowance may
be paid to another person on his
behalf;
(c) prescribing anything which may be
required to be prescribed, including
any forms he considers necessary for
the administration of this Act;
(d) prescribing the manner in which, and
the person by whom, accounts of
contributions and awards shall be
kept and recorded; and
(e) for any other purposes, whether
similar to the foregoing or not,
deemed necessary to give effect to this
Act.
__________________________
FIRST SCHEDULE
FORMER LEGISLATIVE SERVICE
Legislative service, other than service as a Member
holding office of emolument in the service of the State,
between 18th May, 1953 and 31st December, 1969, inclusive,
as a Member of—
(a) the House of Assembly or the
State Council constituted pursuant to
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s. 2(1)
[24 of 1974
O. 80/1980]
the British Guiana (Constitution)
Order in Council 1953;
(b) the Legislative Council
constituted pursuant to the British
Guiana (Constitution) (Temporary
Provisions) Order in Council, 1953;
(c) the Legislative Council
constituted pursuant to the British
Guiana (Constitution) (Temporary
Provisions) (Amendment) Order in
Council, 1956;
(d) the Legislative Assembly or the
Senate constituted pursuant to the
British Guiana (Constitution) Order
in Council, 1961;
(e) the House of Assembly constituted
pursuant to the British Guiana
(Constitution) Order, 1964; or
(f) The National Assembly.
____________________________
SECOND SCHEDULE
SPECIFIED QUALIFYING OFFICES
Speaker
Minister
Attorney-General, if not a Minister
Minority Leader
Parliamentary Secretary
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c. 19:05
Deputy Speaker
President of the Senate
A member (not being an employee) of—
(a) a public corporation established
under the Public Corporations Act; or
(b) any other public corporation
established by law, or of any
corporate body in which the
controlling interest is vested in the
State or in any agency on behalf of the
State, as may be designated for the
purposes of this Act by order of the
Minister:
Provided that the Minister may, by order, exclude from
the application of the provisions of this Act membership
of such a public corporation established under the Public
Corporations Act as may be specified in the order.
_________________________

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SUBSIDIARY LEGISLATION
_________________
O. 15/1971
41/1991 PENSIONS (PRESIDENT, PARLIAMENTARY AND
SPECIAL OFFICES (DESIGNATION) ORDER
made under section 2
Citation.
Specified
qualifying
offices.

Persons on
contract holding
specified
qualifying
offices.
[41/1991]
Service.
1. This Order may be cited as the Pensions (President,
Parliamentary and Special Offices) (Designation) Order.

2. The Offices of Ambassador, High Commissioner,
Consul-General, and Minister Counsellor, of Guyana, and the
offices of Commissioner for British Guiana are designated
as specified qualifying offices for the purposes of the Act.
2A. (1) A person, on appointment, or on renewal of
such appointment, on contract to an office referred to in
clause 2, shall be liable to pay contributions under the Act
unless, notwithstanding clause 2, he at his option intimates in
writing to the Minister his desire not to be a contributor under
the Act.
(2) A person referred to in paragraph (1), appointed
on contract or on a renewed contract and who being a
contributor is entitled to a gratuity under section 9(8) of the
Act may, at his option, intimate in writing to the Minister on
the date on which he receives his gratuity or on any later date
that thereafter he shall cease to be a contributor; and in
respect of the period of his continuance thereafter as a
legislator he shall be entitled to no superannuation benefits
under the Act.
3. Notwithstanding clause 2, service in any office
mentioned in that clause shall be service as a legislator for the
purposes of the Act only if—
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c.27:02
(a) in the case of a person holding any such
office at the commencement of this Order, or
of a person who held any such office at any
time prior thereto, such person within three
months after such commencement or such
later date as the Minister may, by directions
in writing, in any particular case allow—
(i) intimates in writing to the Minister
his desire to become a contributor
under the Act;
(ii) repays to the Accountant General all
sums paid to him as gratuity under a
contract of service in respect of
service in any such office less an
amount certified by the
Commissioner of Inland Revenue to
be the amount of income tax paid by
him in respect of such sums;
(iii) certifies in writing to the Minister his
waiver of any right to any gratuity
accruing to him under a contract of
service in respect of service in any
such office; and
(iv) pays to the Accountant General an
amount representing the
contributions payable by him under
the Act in respect of his service in any
such office after 31st December, 1969;
(b) in the case of any holder of any such office,
service in that office is service to which the
Pensions Act does not apply.
_________________________
Pensions (President, Parliamentary and Special Offices) (Designation)
Order
L.R.O. 1/2012
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O.47/1973
61/1973

Citation.
Interpretation.
S.I 1961
No. 1188
PENSIONS (PRESIDENT, PARLIAMENTARY AND
SPECIAL OFFICES) (DESIGNATION) ( SERVICE
COMMISSION) ORDER
made under section 2
1. This Order may be cited as the Pensions (President,
Parliamentary and Special Offices) (Designation) (Service
Commission) Order.
2. In this Order—
“member of a Service Commission” means—
(a) an appointed member of—
(i) the Judicial Service
Commission established by the
British Guiana (Constitution)
Order in Council 1961, not
being the holder of high
judicial office during his term
of office as a member of the
Commission;
(ii) the Judicial Service
Commission, established by
article 134 of the
Constitution, not being the
holder of the office of judge
(within the meaning of
paragraph 3(a) of that article)
during his term of office as a
member of the Commission;
(b) a member of the Public Service
Pensions (President, Parliamentary and Special Offices) (Designation)
(Service Commission) Order
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Specified
qualifying
office.
Service.
[O.61/1973]


Contribution
and awards.
Commission (including the Chairman
and Deputy Chairman thereof)
established by the aforementioned
Order in Council, or by article 135 of
the Constitution;
(c) an appointed member of the Police
Service Commission established by
the aforementioned Order in Council,
or by article 137 of the Constitution.
3. The office of member of a Service Commission is
designated as a specified qualifying office for the purposes of
the Act.
4. Notwithstanding clause 3, service in the office of member of a Service Commission shall be service as a
legislator for the purposes of a the Act only if in the case of a
person holding such office at the time of the commencement
of this Order, or at any time prior thereto, such person was
the holder of that office on or after 26th May, 1966, and
within three months after such commencement or such later
date as the Minister may, by directions in writing, in any
particular case allow—
(a) intimates in writing to the Minister
his desire to become a contributor
under the Act; and
(b) pays to the Accountant General an
amount representing the
contributions payable by him under
the Act in respect of his service in that
office after 31st December, 1969.
5. Where a person is a member of more than one
Pensions (President, Parliamentary and Special Offices) (Designation)
(Service Commission) Order

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O. 52/1976
117/1974

Citation.

Specified
qualifying
office.

Service.
Service Commission, the contributions payable by him shall
be in respect of his membership of the Service Commission in
respect of which he receives the higher or highest salary, as the
case may be, and the awards payable under the Act in
respect of his service shall be computed accordingly.
_________________________
PENSIONS (PRESIDENT, PARLIAMENTARY AND
SPECIAL OFFICES) (DESIGNATION) ( ELECTIONS
COMMISSION) ORDER
made under section 2
1. This Order may be cited as the Pensions (President,
Parliamentary and Special Offices) (Designation) (Elections
Commission) Order.
2. The office of Chairman of the Elections
Commission is designated a specified qualifying office for the
purposes of the Act.
3. Notwithstanding clause 2, in the case of the person
who held the office of Chairman of the Elections Commission
on its establishment on 26th May, 1966 and continues to
hold that office at the commencement of this Order, service
in the said office shall be service as a legislator for the
purposes of the Act if, within three months after the
commencement of this Order, or such later date as the
Minister may, by directions in writing allow, he—
(a) intimates in writing to the Minister
his desire to become a contributor
under the Act; and
Pensions (President, Parliamentary and Special Offices) (Designation)
(Elections Commission) Order
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Contribution
and awards.
[O.117/1974]
O.143/1974
Citation and
commence-
ment.
Designation of
public
corporations.
c. 56:01
c. 36:01
(b) pays to the Accountant General the amount representing the
contributions payable by him under
the Act in respect of his service in
that office after the 31st December,
1969.
4. Where a person is the holder of more than one
specified qualifying office, the contributions payable by him
shall be in respect of the office in respect of which he receives
the higher or highest salary, as the case may be, and the
award payable under the Act in respect of his services shall be
computed accordingly.
______________________
PENSIONS (PRESIDENT, PARLIAMENTARY AND
SPECIAL OFFICES) (DESIGNATION) (PUBLIC
CORPORATIONS) ORDER
made under Second Schedule
1. This Order may be cited as the Pensions
(President, Parliamentary and Special Offices) (Designation)
(Public Corporations) Order and shall be deemed to have
come into operation on 1st January, 1970.
2. The Guyana Electricity Corporation and the
National Insurance Board are designated for the purposes of
the Act.
_______________________
Pensions (President, Parliamentary and Special Offices) (Designation)
(Public Corporations) Order