PENSIONS (PRIME MINISTER) II

THE PENSIONS (PRIME MINISTEX) ACT ~ e t s
24 of 1965,
52 of 1974,
35 of am,

[28th JWW, 1965.1 2 .fzooa

I. This Act may be cited as the Pensions (Prime Minister) Shmtiils.
Act.

2.-(1) In this Act-

* "entitled child" means a person who- 3 ~ 1 2 ~ 0 s
S. 2.

(a) has not attained the age of nineteen years; or

(b) while being paid a pension, has not attained the
age of twenty-three years and is pwsuing-

(i) a course of full time instruction at by
educational establishnent approved for
the purpose by the Minister responsible
for education; or

(ii) a course of instruction as an apprentice in
any trade, profession or vocation under
articles entered into for a period of not
less than two years,

hereinafter referred to as higher education, so,
however, that, if the person ceases to pursue the
course of higher education before attaining the
age of twenty-three years, he shall cease to be an
entitled child at the date of such cessation;

"legislator" means a person who- 3 ~ 1 2 ~ 5
S. 2.

(a) is a member of the House of Representatives;

(b) not being a member of the House of Representa-
tives, is the holder of a specified legislative
ofice;

Provisions came into operation on 1.1.1997.

[The lncludon of this page is authorkcd by L.S. 123R011(

2

33ROOJ
S. 2.
Fiat
schedule.

3211074
s. 2.

Brim
M h i ' e
right to
pension.

3211074
'S. 3.

321IQ14
s. 3@).

PENSIONS (PRIME MNISTER)

"Prime Ministep's pensionyy means the pension payable
under this Act to a person who has ceased to be Prime
Minister;

"salary" means the emoluments provided in the estimates
of expenditure of the Island, exclusive of duty
allowance, entertainment allowance or any other
allowance or emoluments whatever ,or any amount
provided as a contribution to office or any other
expenses;

"specified legislative office" means any of the ofices
0

specified in the First Schedule or any oflice prescribed
as such by the Minister responsible for the public
service by notice in the Gazette.

(2) Any reference in this Act to a widow shall be 'con-
strued to include a reference to a widower.

%--(I) Every person who having k n appointed Prime
Minister on or after the sixth day of August, 1962, ceases at any
time after such appointment to be Prime Minister shall be paid a
pension under this Act with effect h m the date on which he

to be Prime Minister and subject to the provisions of
subsections (2) and (3) such pension sM1 continue to be paid
during the lifetime of that person.

/

(2) Prime Minister's pension shall, if the person to whom
it is payable is appointed Governor-General or is again appint-
4 Prime Minister, cease to be payable during the period in
respect of which that person holds the office of Governor-
General or again holds the offace of Prime Minister.

(3) A Prime Minister's pension or a Governor-General's
pension payable pursuant to section 4 of this Act shall, if the
pensioner becomes a legislator, cease to be payable while he is
entitled to receive emoluments as a legislator, but if the rate of
pension ex& the rate of the emoluments nothing in this

0
subsection shall preclude the payment of such pension to the
extent of such excess.

DVIc bdcsb. of PLb pqc b amcLorlsld by LN. I23lMllJ

l.

PENSIONS (PRIME MINISTER) 3

"emoluments" means emoluments provided in the esti-
mates of expenditure of the island, inclusive of duty
allowance, house allowance and entertainment 3snoos
allowance, but exclusive of any other allowance or
emoluments whatever or any amount provided as a
contribution to office or any other expenses;

(5) For the purposes of section 5 or 6 of this Act or
section 16 or 17 of the Governor-General (Expenditure, Personal
Staff, Tax Exemptions and Pensions) Act, where a person dies
during any period for which his pension has ceased to be
payable under subsection (3) he shall be deemed to have been
entitled to that pension at his death.

4.-*(I) Subject to subsections (2) and (3), a Prime Raleof
Minister's pension shall be at such annual rate from time to time ~ ~ l e r . s
as is eauivalent t o - vcnsion.

35n005
*(a) the annual salary appertaining to the office of Prime s. 4.

Minister for the time being, if the person to whom it yi::)(iii).
is payab l e

(i) ceases to be Prime Minister on or befoie the
1 1 th day of September, 2007; and

(ii) has retired from office as a legislator;

(6) subject to subsection (IA), two-thirds of the annual vzoos
salary appertaining to the office of Prime Minister for S. 2 (aniii).

the time being, if the person to whom it is payable-
(i) ceases to be Prime Minister after the 1 lth day

of September, 2007, having not held that office
at any time before that date; and

(ii) has retired from office as a legislator;

(c) two-thirds of the annual salary appertaining
to the ofice of Prime Minister for the time being if
the person to whom it is payable ceases to be Prime
Minister but has not retired from office as a legislator.

( 1 A) A person who- moos
s. 2 @).

(Th hchsbr d ab page b .r(b.rbcd by LN. 123nOlll

4

m o o 8
S. 2 (b).

SY 1974
S. 4 (b).

2i2008
s. 2 (c).

2l2008
s. 2 (c).

-

PENSIONS (PRIME MINISTER)

(a) is Prime Minister on the 1 lth day of September, 2007;
and

(b) to whom the rate prescribed in subsection (1) (b)
would, but for this subsection, apply, may elect to
receive a Prime Minister's pension either at-

(i) such annual rate from time to time as is equiva-
lent to the annual salary appertaining to the of-
fice of Prime Minister; or

(ii) the rate prescribed in subsection (1) (b). 0
(IB) Any election under subsection ( 1 ~ ) shall be

made by notice in writing to the Minister and shall take effect
with regard to such monthly instalment of the pension as may
become next due after receipt of such notice by the Minister.

(2) If the person to whom Prime Minister's pension
is payable is appointed Governor-General, the pension pay-
able to him after he ceases to be Governor-General shall be
the pension specified in subsection (1) or, in case of his so
electing for the time being, the Governor-General's pension
specified in the Governor-General (Expenditure, Personal
Staff, Tax Exemptions and Pensions) Act, and an election
by any person under this subsection may be rescinded by
that person, but without prejudice to the making of any
further such election by him.

(3) Any election, or rescission thereof, under subsection
(2) shall be made by notice in writing to the Minister and shall
take effect with regard to such monthly instalment of the
pension payable in consequence of the notice as may become
due next after its receipt by the Minister, and no person shall be
entitled to receive monthly instalments of Prime Minister's
pension and Governor-General's pension in respect of the same
month.

(4) If a person to whom Prime Minister's pension is
0

payable is in receipt of a retiring al:owance payable to him
under the Retiring Allowances (Legislative Service) Act, only so
much of the Prime Minister's pension shall be paid to him

Revisions came into operation on 1.1.1992.

lYkc hdnk. of (bb pqe b ~ ~ ( b o r h c d by LN. lUlZOlll

PENSIONS (PRIME MNISTER) 5

as will, when added to his retiring allowance amount to the 524974
annual rate of pension prescribed by subsection (1). s. 4(~) .

4A. A person in receipt of a Prime Minister's pension Allowances
pursuant to subsection (l)(a), (l)(b) or (IA) of section 4 shall be k*:.
paid the allowances specified in the Second Schedule. receipt or

Prime
Minister's
pension.
Second
Schedule.
35n005
S. 5.
M008
S. 3.

5.+1) Where a person dies while he is Prime Minister or Widow's
while he is entitled to receive Prime Minister's pension- pension.

(a) if he leaves-
(i) a widow but no entitled child; or
(ii) a widow and entitled children by such widow

only,
the widow shall, subject to the to the provisions of sub-
sections (2) and (3), be paid a pension at an annual rate
equivalent to two-thirds of the annual salary appertaining ~ ~ 1 9 7 4
to the office of Prime Minister for the time being; S. S(a). 3 512005

S. Ma)
(b) if he leaves a widow and any entitled child by a previous

marriage only the widow shall, subject to the provisions
of subsections (2) and (3), be paid a pension at one-half
the annual rate prescribed in paragraph (a) until there is
no such entitled child and thereafter a pension at the full SY1974
rate so prescribed. S. S(b)

(1A) A widow mentioned in subsection (1) shall be 3~zfios
entitled to be paid the allowances specified in the Third :hf:2,

e Schedule. . Schedule. (2) A widow mentioned in subsection (1) shall not be
entitled to receive and shall not be paid pension-or allowances
under this section-

(a) in respect of any period after she becomes Governor-
General or Prime Minister;

-

IThc inclusion of B b pap is auBorited by LS. l 2 M O l l l

6

35132005
S. 6(c#iv).

Children's
pension.

5211974
S. 6 (a).

5211974
S. 6 (b).

Source and
method of
payment of
pensions.
35R005
S. 7.

Protection of
pensions.

PENSIONS (PRIME AdNISTER)

(b) if she remarries.

(3) Ef the Minister is satisfied that the widow of a former
Prime Minister has, while receiving a pension under this section,
deserted or abandoned, or failed to maintain or assist in
maintaining so far as her means allow, an entitled child-

(a) of her marriage with that former Prime Minister; and
(b) whom she is bound by law to maintain,

the Minister may cause to be paid to such child, until he dies or
0

ceases to be an entitled child, such portion of the pension
payable to the widow under this section as he may think fit, and
the widow shall have no M e r claim in respect of the portion
of pension so paid.

6. Where a person dies while he is Prime Minister or while he
is entitled to receive Prime Minister's pension, leaving entitled
children, each of such children (except those referred to in sub-
paragraph (ii) of paragraph (a) of subsection (1) of section 5, if a
pension is being paid under that section to their parent) shall be
paid, until he dies or ceases to be an entitled child, such pension
at such rate as the Minister shall determine; so, however, that the
aggregate rate of pension payable to such children shall not
exceed-

(a) subject to paragraph (6) of this section, the
annual rate prescribed in paragraph (a) of subsec-
tion (1) of section 5 in respect of a widow; t

(6) if, and so long as, the Prime Minister's widow
is entitled to a pension under that section, one-
half of the rate so prescribed.

7. Any pension and allowances payable under this Act-
(a) shall be charged on and paid out of the Con-

solidated Fund;
0

(6) shall be paid monthly .in arrears 'in equal instal-
ments.

8. Any pension payable under this Act shall not-

me inclusion of this page is authorizd by 1°K. 123ROll)

PBNSJONS ( P N M MLVJSTBR)

(a) be assignable or transferable except for the purpose of
satisQing a debt due to the Govenunent or 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 pension
is payable; or

(b) 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 Govenunent or any sum recoverable
pursuant to suck order of any court as is mentioned in
P = W ~ P ~ (4.

FIRST SCHEDULE

Q f i e
Minister

(Section 2) 35t2005
S. 8.
w.eJ
1.1.1992.

President of the Senate

Parliamentary Secretary

SECOND SCHEDULE (Section 4A) 35/2005
S. 8.

Allowances payable to (P person in receipt ofa
Prime Minister's pension, who has retired

fiom the Ofice of Prinre Minister

*I. House allowance at the rate payable to Ministers.

*a. Secretarial allowance at an annual rate equivalent to the rate of salary
for the time being appertaining to the post of Executive 2 (inclusive of
uniform allowance) in the Cenml Government Service.

3. A Social Secretary's allowance at a rate equivalent to the mirimum
rate of salary for the time being appertaining to the post of Senior Secretary
OPSlSS3 (inclusive of unifonn allowance) in the Central Government
Service.

*4. Chauffeur's allowance at an annual rate equivalent to the sum of-

(a) the annual rate for chauffeur's allowance appertaining for the time
being to a retired Governor-General; and

Provisions came into operation on 1.1.1992.

PENSIONS (PRIME MINISTER)

(b) such rate for chauffeur's uniform as may be determined fiom time to
time by the Minister responsible for the public service.

5. An assigned personal security by personnel fiom the Jamaica
Constabulary Force in consultation with the Commissioner of Police.

*6. Household helper's allowance at twice the minimum rate. of salary
inclusive of uniform allowance and laundry allowance applicable to the post
classified at the level of LMOlTS 1 in the Central Government Service.

*7. Gardener's allowance at a rate equivalent to the minimum rate of
salary for the time being appertaining to the post of Gardener (LMOlTS I)
(inclusive of uniform allowance and laundry allowance) in the Central
Government Service.

THIRD SCHEDULE (Section 5)

Allowances payable to the surviving spouse
of a former Prime Minister

1. Chauffeur's allowance as set out in paragraph 3 of the Second
Schedule.

2. Household helper's allowance as set out in paragraph 4 of the Second
Schedule.

3. Gardener's allowance as set out in paragraph 5 of the Second Schedule.

4. Social Secretary's allowance at such rate as the Minister responsible for
the public service m y determine from time to time.

Irduk. of (bh page b r~llborbd by LN. I U M I I J