L.R.O. 1/2012
LAWS OF GUYANA
STATE PENSIONS ACT
CHAPTER 27:04
Act
19 of 1954
6 of 1984 19 of 1990
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 13 ... 1/2012
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Index
of
Subsidiary Legislation
Page
State Pensions Order 9
(O.13/1972, 46/1973, 47/1976, 75/1976, 80/1976)
State Pensions Regulations 10
(Reg.4/1972)
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CHAPTER 27:04
STATE PENSIONS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Service qualifying for State Pension.
4. Award of State Pension.
5. Widow’s pension.
6. Children’s allowance.
7. Source of payment.
8. Pensions and allowances not assignable.
9. Regulations.
____________________________
24 of 1971 An Act to regulate the award of State Pensions in respect of
service to the State in certain special circumstances.
[31ST DECEMBER, 1971]
Short title.
[16 of 1969]
Interpretation.
[19 of 1990]

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

2. In 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
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Service
qualifying for
State Pension.

Award of State
Pension.
[6 of 1984]
support; and
(d) an adopted child, adopted in a
manner recognised by law;
“dependant” means any person, other than a widow or child,
who immediately before the death of the deceased
person was wholly or partially dependent on him for
support;
“widow” includes widower.
3. (1) Whenever the President considers it desirable,
having regard to the nature and quality of the service
rendered to the State by a person and to the special
circumstances pertaining to the case, including the
ineligibility of that person for a comparable pension under
any other law, that such service should qualify for the
payment of a pension (hereinafter referred to as a State
Pension) he may by instrument under the Seal of Guyana
designate such service as qualifying for the payment of a
State Pension.
(2) No service of a person shall be designated
under subsection (1) If the person, at the time of the
designation, is alive unless either—
(a) he has attained the age of 50 years; or
(b) not having attained the age of 50
years, the President is satisfied that
such person is incapable by reason of
infirmity of mind or body of being
gainfully occupied and that the
infirmity is likely to be permanent.
4. (1) Subject to this Act, where the President has
designated any service as qualifying for the payment of a
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Widow’s
pension.



State Pension the Minister responsible for finance shall, by
order, which shall be subject to negative resolution, prescribe
the amount of pension, the person to whom the pension shall
be paid, being the person whose service has been so
designated or any widow, child, or dependant of such
person, the time of commencement of such payment and
the terms and conditions on which such pension shall be
payable.
(2) The annual rate of a State Pension shall not
exceed such maximum rate as the Minister may, by order,
which shall be subject to negative resolution of the National
Assembly, prescribe.
5. (1) where a person was in receipt of a State Pension
at the date of his death, there shall be paid to his widow,
during her lifetime and while unmarried, a widow’s pension
at an annual rate equivalent to one-half of the State Pension
with effect from the said date.
(2) A widow’s pension under this section—
(a) shall , subject to subsection (3), if the
widow is in receipt of a State Pension,
cease to be payable; and
(b) shall, subject to subsection (3), if the
widow is in receipt of a salary
payable out of public funds, cease to
be payable during the period in
respect of which the widow is in
receipt of such salary.
(3) Where the rate of a widow’s pension exceeds
the rate of the State Pension or the rate of salary, as the case
may be, nothing in subsection (2) prevents the payment of
the widow’s pension to the extent of such excess.

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Children’s
allowance.
[19 of 1990]
(4) Notwithstanding anything in this Act, but
subject to the provisions of this section, where the person
mentioned in subsection (1) dies leaving a dependant to
whom he has bequeathed an annuity not exceeding one-third
of a 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 the annuity be payable under this Act,
the annuity shall be paid to such 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 forthwith ceases to be payable.
6. (1) Where the person who was in receipt of
a State Pension in respect of his service dies leaving one or
more children, a children’s allowance is 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 designated under section 3, 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 the State Pension
first-mentioned in section 4(1), 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
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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 person leaves a
widow, the annual rate of the children’s allowance during
her lifetime shall be—
(a) one-third of the rate of the State
Pension, where there are two or
more children 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 person 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 rates of the State
Pension 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.
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Source of
payment.
Pensions and
allowances not
assignable.

Regulations.
7. Moneys payable under this Act shall be charged
on and paid out of the Consolidated Fund.
8. Moneys payable to, or in respect of, any person
pursuant to this Act are not assignable or transferable except
for the purpose of satisfying—
(a) a debt due 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 are not 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.
9. The Minister responsible for finance may
make regulations for the purpose of giving effect to this Act.
____________________

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SUBSIDIARY LEGISLATION
_________________
O. 13/1972
46/1973
47/1976
75/1976
80/1976
STATE PENSIONS ORDER
made under section 4

Citation.
State Pension
payable to
persons.
Pension
payable to
Cable.
1. This Order may be cited as the State Pensions
Order.
2. A State Pension is payable to the persons
specified in the first column and at the rate with effect from
the date specified in the second column of the Schedule.
3. The State Pension payable to Mrs. Umbelina Mary
Campbell widow of the late Mr. Stephen Campbell, by
virtue of the designation by the President of the service to
the State of the late Mr. Stephen Campbell as qualifying for
the payment of a State Pension is made to her during her life
time and while she is unmarried.
SCHEDULE

Persons Rate and Date
Mrs. Umbelina Mary Campbell $150 per month – with
(widow of the late Mr, Stephen effect from 1st January,
Campbell) 1972
Mrs. Jane Phillips Gay $200 per month with effect
Mrs. Ester Elizabeth Dey $200 per month effect from
Miss Vesta Lowe $200 per month 1st April, 1976
Mr. Edward Phillips $2,400 per annum- with effect
from 1st April, 1979
Mr. Leslie Charlton Davis $3,120 per annum- with
effect from 1st June, 1979
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Reg. 4/1972

Citation.

Paying of
pensions etc.
Information to
be furnished.


Declaration.

Form 1
Schedule.
STATE PENSIONS REGULATIONS
made under section 9
1. These Regulations may be cited as the State
Pensions Regulations.
2. Pensions and allowances payable under the Act are
paid monthly at least two days before the last working day in
each month.
3. Every person who is in receipt of a State Pension
in respect of his service shall furnish the Accountant
General with the following information—
(a) the full name of the spouse of that
person; and
(b) the names of the children of that
person and the dates of their birth.
4. (1) Before a widow's pension is paid to a widow
she must submit to the Accountant General a declaration in
Form 1 in the Schedule.
(2) Every widow to whom a widow's pension is
payable shall notify the Accountant General of the date of her
re- marriage within fourteen days after that date.
(3) Every person to whom a State Pension is
payable whose spouse dies, or whose marriage is annulled or
dissolved, or whose child dies, or whose female child under
the age of twenty-one years marries, or the guardian of any
such child, shall notify the Accountant General of the date of
the occurrence of every such event within fourteen days after
the said date.

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Declaration.

Form 2
Form 3
Schedule

Production of
medical
evidence.

reg.4
5. (1) Before making payment of a children's
allowance, the person to whom payment is made must
submit to the Accountant General a declaration in Form
2 or Form 3 in the Schedule.
(2) Where payment is made to a person making
such a declaration, the acknowledgement of the receipt of
that payment by that person shall be a good and sufficient
discharge of the liability of the Accountant General for the
payment of the allowance.
6. On production of medical evidence to the
satisfaction of the Accountant General that any person to
whom a State Pension or widow's pension or children's
allowance is payable under the Act is incapacitated by reason
of infirmity of mind or body, the Accountant General may
pay the pension or allowance to such other person who is
duly authorised to receive the pension or allowance on behalf
of the first-mentioned person; and the acknowledgement of
the receipt of the pension or allowance by the person so
authorised shall be a good and sufficient discharge of the
liability of the Accountant General for the payment of the
pension or allowance.
SCHEDULE
FORM 1
Declaration of Status
I……………………..being the widow of……………………do
hereby solemnly and sincerely declare that I am unmarried.

Signature of declarant……………………..
Signed and declared by the above-named declarant on the day
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reg. 5

reg. 6
of at before me.
Signed…………………………………
Commissioner of Oaths/Notary Public
_________
FORM 2
I…………………......…..of……........…………the parent/
guardian* of…………………...do hereby solemnly and
sincerely declare that…………………being the son
of…………………………………has not attained the age of
twenty-one years.
Signature of declarant…………………
Signed and declared by the above-mentioned declarant on
the day of……………at…………………….before me.
Signed..........……………………
Commissioner of Oaths/Notary Public
_________
FORM 3
I…………………….............of...........................................being the
parent/guardian* of…………............do hereby solemnly and
sincerely declare that…………..being the daughter of has not
attained the age of twenty-one years and is unmarried.
Signature of declarant……............…………
Signed and declared by the above-named declarant
on……….. the day…………… of at…………….before me.

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Signed………….............……….….
Commissioner of Oaths/Notary Public
_______________________________________________________
*Delete whichever is not applicable.
_____________________