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PORT WORKERS (SUPERANNUATION FUND)

THE PORT WORKERS (SUPERANNUATION FUND) ACT

REouunoNs
(under secfion 6)

The Port Workers (Superannuation Scheme) Regulations. 1968 L.N. 375 a
lPl.2

2 4 0 ~ / 85
219~186

118193

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PORT WORKERS (SUPERANNUATION FUND)

THE PORT WORKERS (SUPERANNUATION FUND) ACT

REGULATIONS
(under section 6)

(Made by the Minister on the 25th day of September, 1968) 2 . - 3 7 5 1 6 8

1.-(1) These Regulations may be cited as the Port Workers (Super- ,","r;;;-k
annuation Scheme) Regulations, 1968. mencement.

(2) Except as otherwise indicated in these Regulations. these
Regulations shall be deemed to have come into operation on the 3rd
day of October, 1966.

2-(1) In these Regulations, unless the context otherwise requires- :;zz.m-
"actuarial equivalent" means the amount certified by the consultants

to be the equivalent of the amount involved in the circum-
stances which have occurred;

"Authority" means the Shipping Association of Jamaica or any
other association or body recognized by the Minister as for the
time being representing employers;

"committee" means the Pensions Committee of the Council
mentioned in regulation 4;

consultant^" means such persons as may be appointed by the
Authority from time to time to act as consultants to the
trustees on such matters relating to the Fund as the trustees
may from time to time determine;

"Council" means the Joint Industrial Council of the Port of
Kingston as from time to time constituted;

"effective date" means the 3rd day of October, 1966;
"employer" means employer of a port worker as such;
"Fund" means the Fund established by section 3 of the Act;
"insurance company" means a body of persons, whether incor-

porated or not. carrying on insurance business in Jamaica, and
in this definition "insurance business" means the business of
effecting and carrying ~ u t contracts of insurance as an insurer;

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THE PORT WORKERS (SUPERANNUATION S C H E W
REGULATIONS, I968

Flnt
&hdule.
Second
Schedule.

"medical panel" means such panel of medical practitioners as may
from time to time be constituted by the Authority;

"nominee" means any person nominated by a subscriber in the
manner prescribed by regulation 18;

"port worker" means any worker who-
(a) is registered as a port worker under the scheme for the

registration of port workers in Kingston which is set out
in the First Schedule or under the scheme substituted
therefor which is set out in the Second Schedule; and

(b) is employed by the hour or by the day in the port of
Kingston on wharves and ships;

"previous scheme" means-
(a) in relation to a port worker falling within sub-paragraph

(a) of paragraph (1) of regulation 5, the Superannuation
Scheme contained in the 1954 Regulations; and

(b) in relation to a port worker falling within sub-paragraph
(b) or sub-paragraph (c) of paragraph (1) aforesaid. any
superannuation scheme (other than this scheme) to which
that port worker was required, under the terms of his
employment, to make contributions;

"recruiting time" means the time each day appointed by the
Council for port workers to report at the recruiting compound
for the purpose of receiving an allocation of work;

"share in the previous scheme" means-
(a) in relation to a port worker falling within sub-paragraph

(a) of paragraph (1) of regulation 5. that port worker's
share in the Fund as at the 2nd October. 1966, computed
in accordance with paragraph (2) of this regulation; and

(b) in relation to a port worker falling within sub-paragraph
(b) or sub-paragraph (c) of paragraph (1) of regulation
5, the aggregate of the amounts contributed by that port
worker and his former employer to a superannuation
scheme (other than this scheme) before the port worker
became a subscriber to this scheme;

"subscriber" means a port worker who is a subscriber to this
scheme;

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THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, I968

"the trustees" means the Board of Trustees of the Kingston Port
Workers Superannuation Fund constituted under these Regu-
lations, or, as the case may be, the trustee appointed under
paragraph (3) of regulation 3;

'Yha acheme" and "this scheme" mean the Superannuation
Scheme contained in these Regulations;

6b wages" includes all wages, salaries, earnings, pay, overtime pay,

and other emoluments whether computed hourly. daily or
otherwise paid by an employer to a port worker;

"the 1954 Regulations" means the Kingston Port Workers (Super- L.N. ;$jg
annuation Scheme) Regulations, 1954. 10156

(Revoked)

(2) For the purposes of paragraph (a) of the dehition "share
in the previous scheme", the share in the Fund as at the 2nd October,
1966 of a subscriber to this scheme shall be his share in the balance of
the Fund (excluding the Port Workers Emergency Relief Account) as
at that date, as determined by the trustees, and such share shall be the
fraction computed by determining the proportion that the aggregate of
deductions from his wages as a port worker which were contributed to
the previous scheme bears to ithe total amount of contributions to that
scheme by all port workers who were contributing partcipants in that
scheme on the 2nd October, 1966, so, however, that if a subscriber to
this scheme received any payment before the effectve date under regula-
tion 16 of the 1954 Regulations or received any payment under regula-
tion 35 of these Regulations, his share in the balance of the Fund as
at the 2nd October. 1966. shall be nil.

(3) Before determining, for the purposes of paragraph (2). the
balance of the Fund as at the 2nd October. 1966. the trustees shall
charge to the Fund (excluding the Port Workers Emergency Relief
Account) all costs, charges and expenses incurred by them in valuing
the Fund as at that date and in determining the share in the Fund as
at that date of each subscriber to this scheme, as if such costs, charges
and expenses had been incurred before the 2nd October. 1966.

PART 11-Bwrd of Trustees and Pensions Committee

3.-41) Subject to the provisions of paragraph (3). the Fund shall ;=;,"&
be administered by fourteen trustees who shall be coastituted as a pzzTof
Board to ba called the Trustees of the Kingston Port Worken Super-
annuation Fund.

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THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

Pensions
Committee.

Fourth
Schedule.

Subscribers
to scheme.

(2) The provisioqs of the Third Schedule shall have effect as to
the constitution of the Board and otherwise in relation thereto.

(3) The Authority may, with the prior approval of the Minister,
and upon such terms as to remuneration and otherwise as the Minister
may approve, appoint any corporate body or any insurance company to
administer the Fund as trustee of the Fund in succession to such Board
as aforesaid, and if any such appointment is made the provisions of
paragraphs ( 1 ) and (2) and the Third Schedule shall cease to have effect.

4.-(1) The Council shall for the purposes of these Regulations
appoint from among its members a Pensions Committee.

(2) The provisions of the Fourth Schedule shall have effet as to
the constitution of the Pensions Committee and otherwise in relation
thereto.

PART 111-Subscribers to the Scheme

5.-(1) The following persons shall, by virtue of these Regulations,
become subscribers to the scheme-

(a) every port worker who was a subscriber to the previous scheme
immediately before the effective date and who worked a total
of not less than one hundred and eighty hours between the
1st of January, 1966 and the effective date on work allocated
to him through the recruiting compounds for port workers;

(b) every person who first becomes a port worker on or after the
effective date and who had not attained the age of forty-six
years on the 1 st January, 1 966;

(c) such other port workers as the Authority may in its discretion
admit as subscribers.

(2) The date from which port wbrkers shall become subscribers
to the scheme shall be-

(a) in the case of those falling within sub-paragraph (a) of para-
graph (I), the effective date;

(b) in the case of those falling within sub-paragraph (b) of that
paragraph, the date when they first become port workers on

, 1. or after the effective date; and

(c) .in the case of those falling within sub-paragraph (c) of that
paragraph, such date as may be specified by the Authority.

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THE POlRT WORKERS (SUPERAIWVUATION SCHEME)
REGULATIONS. 1968

PART IV--Contributions under the Scheme

6.-(1) Whenever an employer pays to a subscriber employed to him z;k;;;;ers' "
wages earned by the subscriber as a port worker, the employer shall ;,";mcteodbe
deduct therefrom, as the subscriber's contribution to this scheme, a sum from wagen.
equal 60 10 % d those wages.

(2) All sums deducted by an employer under paragraph (1) shall
be paid by the employer to the Authority not less frequently than once
in each month.

7.-(1) Whenever an employer makes a deduction from the wages of t;~!;',"?'"
a port worker under paragraph (1) of regulation 6 the employer shall kions.
become liable to pay to the Fund, as the employer's contribution to this
scheme in respect of such pont worker, a sum equal to the a m m t so
deducted from the wages of that pont worker.

(2) Every sum payable by an employer under paragraph (1) in
respect of any such deduction as aforesaid shall be paid by the employer
to the Authority at the same time as payment of that deduction is made
by him to the Authority under paragraph (2) of regulation 6.

8. As saon as may be after the 1st October, 1968, the Authority shall bg$b":of
pay to the trustces all amounts paid to the Authority under paragraph Z f e g ,
(2) of regulation 6 and paragraph (2) of regulation 7 between the
effective date and such date, and, with regard to amounts so paid to the
Authority on or after the said date, the Authority shall pay the same
to the trustees not less frequently than once in each month.

8A.--(I) I£ a port worker who is a subscriber to this scheme on the Interest op
subscriber s

1st day of January, 1984, was also a subscriber to the previous scheme, 3hdR (if any)
and contribu-

his share in the prcvious scheme and his contributions to this scheme tions.
shall bear interest from the 1st day of January, 1984.

(2) If a subscriber to this scheme was not also a subscriber
to the previous scheme, his contributions to this scheme shall bear
interest from the 1st day of January, 1984, or from the date on which
he becomes a subscriber, whichever is later.

(3) The interest payable under this reslation shall be at
such rate as the trustees shall determine from time to time and shall
be compounded annually.

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THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

PART V-Retirement and Termination of Participation in the Scheme
R.tiremoslt
ot sub- 9. Subject to the provisions of regulation 33, the Authority shall
rrlb~r. retire forthwith any subscriber to this scheme who-

(a) according to the particulars of His registration as a port worker.
is sixty-five years of age or over on the 1st October. 1968 or
attains that age on or after such date; or

(6) on or after such date is certified by the medical panel as being
unfit to perform the duties of a port worker.

* 9A. The Authority may retire a subscriber before he attains the moat of
sub~*brr- age of 65 yearn if-

(a) that avbscriber requests the Authority to do so:

(6) the age of that sukr?ber according to the particulars of his
registration as a port worker will be 55 years or over at
the date on which the retirement is to take effeot; and

(c) the Authority consents that he shall be MJ retired.

10. Subject to the provisions of regulation 33, the participation in this at p.lucl-
&on " scheme of a subscriber thereto shall be terminated by the Authority- schwnc

(a) if, not being on authorized leave. he does not during any period
of three consecutive months make himself available for work
through the recruiting compounds for port workers for a total
of more than sixty-six recruiting times and the Authority has
served notice upon hi advising him that his participation in
the scheme has been terminated: or

(6) if he has been required in writing by the committee to submit
to a medical examination by the medical panel and has failed
without reasonable excuse (to be determined by the committee)
to submit to such examination; or

(c) upon his death; or

(4 if, not having already been retired under regulation 9. or not
having had his participation as a subscriber to the scheme
terminated under paragraph (a), (6) or (c), he ceases to be
registered as a port worker.

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THE PORT WORKERS (SUPERANNUAflON SCHEME)
REGULATIONS, 1968

11.-(1) A subscriber who was retired before the 1st day of January. Fgt*
1976. and was alive on the 1st day of February. 1981. shall be entitled $Zvb
to receive from the Fund with effect from the 1st day of February. 1981,
for the rest of his life. pension at the rate of-

(a) 115% of the pension payable to him immediately before
the 1st day of February. 1981. if he retired before the 1st
day of January. 1974;

(b) 110% of the pension payable to him immediately before the
1st day of February, 1981, if he retired during the year 1974;

(c) 105% of the pension payable to him immediately before the
1st day of February. 1981. if he retired during the year 1975.

(2) Subject to the provisions of paragraphs (7) and (9). a sub-
scriber who is retired under paragraph (a) of regulation 9 on or after
the 1st day of February. 1976. but before the 1st day d February. 1981.
shall be entitled to receive from the Fund. upon his retirement-

(a) a pension equal to 30% of the annual average of the wages
received by him as a port worker during the five years im-
mediately prqding his retirement, whether he was also a
subscriber to the previous scheme or not; and

(b) if he was also a subscriber to the previous scheme, his share
in the previous scheme, which shall be paid in a single sum.

(3) Subject to the provisions of paragraphs (7) and (9), a sub-
scriber who is retired under paragraph (a) of regulation 9 on or after
the 1st day of February. 1976. but before the 1st day of February, 1981-

(a) shall be entitled to recejve from the Fund on the Bth anni-
versary of his retirement, if he is the4 alive, and for the
rest of his Me, pension at the rate of 133 113% of the pen-
sion payable to him on his retirement:

(b) shall, if he is retired on or after the 1st day of February,
1976. but before the 1st day of February. 1977. be entitled
to receive from the Fund with effect from the 1st day of
February. 1981, until immediately before the fifth anniversary
of his retirement, if he is then alive, pension at the rate of
126 213% of the pension payable to him on his retirement;

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THE PORT WORKERS (SUPERANNUA TION SCHEME)
REGULATIONS, 1968

(c) shall, if he is retired on or after the 1st day of February. 1977.
but before the 1st day of February, 1978, be entitled to receive
from the Fund-

(i) with effect from the 1st day of February, 1981, until
immediately before thc fourth anniversary of his retire-

ment, if he is then alive, penslon at the rate of 120% of
the pension payable to him on his retirement;

(ii) with effect from the fourth anniversary of his retirement
until immediately before the fifth anniversary of his
retirement, if he is then alive, pension at the rate of
126#% of the pension payable to him on his retirement;

(d) shall, if he is retired on or after the 1st day of February.
1978 but before the 1st day of February. 1979, be entitled to
receive from the Fund-

(i) with effect from the 1st day of February. 1981, until
immediately before the third anniversary of his retire-
ment, if he is then alive, pension at the rate of 1133%
of the pension payable to him on his retirement;

(ii) with effect from the third anniversary of his retire-
ment until immediately before the fourth anniversary
of his retirement, if he is then alive, pension at the
rate of 120% of the pension payable to him on his
retirement;

(iii) with effect from the fourth anniversary of his retire-
ment until immediately before the fifth anniversary
of his retirement, if he is then alive. pension at the
rate of 1265% of the pension payable to him on his
retirement:

(e) shall, if he is retired on or after the 1st day of February,
1979, but before the 1st day of February, 1980, be entitled
to receive from the Fund-

(i) with effect from the 1st day of February, 1981, until
immediately before the second anniversdry of his re-
tirement, if he is then alive, pension at the rate of
1065% of the pension payable to him on his retire-
ment;

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THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

(ii) with effect from thesecond anniversary of his retire-
ment until immediately before h e thud anniversary
of his retirement, if he is then alive, pension at the
rate of 113 113 % of the penslon payable to him on
h ~ s retirement;

(iii) with effect from the third anniversary of his retirement
until immediately before the fourth anniversary of
hs reurement, if he is then alive, pension at the rate
of 12U% of the pension payable to hlm on his reure,
m a t ;

(iv) with efiect from the fourth anniversary of his retire-
ment until immediately before the fifth anniversary of

his retiremet, if he is then alive, pension at the rate
of 1262% of the pension payable to him on his re-
tlrement ;

( f ) shall, if he is retlred on or after the 1st day of kebruary.
lYL(O, but before the 1st day of kebruary. 1981, be entitled
to receive from the kund-

(i) wlth effect from the 1st day of February, 1981, untll
immediately before the hrst anniversary of his zetire-
ment, if he is then alive, pension at the rate payable
to him on his retuement;

[ii) wlth eflect from the first anmversary of his retlrcrncnt
untd i~nmediately betore the sccvnd anniversary ot h ~ s
rcurament, if he u then ahve, pension at the rate of
1063% of thc peilsion payable to him on his retire-
ment;

(iii) with effect from the second anniversary of his retire-
ment until immediately before the third anniversary of
his retirement, if he is then alive, pension at the rate
of 113 113 % of the pension payable to him on his re-
tiremen t;

(iv) with effect from the third anniversary of his retirement
until immediately before the fourth anniversary of
his retirement, if he is then alive, pension at the rate
of 120% of the pension payable to him on his retire-
ment:

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THE PORT WORKERS (SUPERANNUAT~ON SCHEME)
REGULATIONS, 1968

(v) with effect from thc fourth anniversary of his retire-
ment until immediately before the 6fth anniversary of
his retirement, if he is then alive, pension at the rate
of 1263% of the pension payable to h i on his re-
tirement.

'(4) Subject to the provisions of paragraphs (5) (6) and (7) a sub-
scriber who is retired under paragraph (a) of regulation 9 shall be
entitled to receive from the Fund-

(a) upon his retirement-
(i) if the date of his retirement is on or after the 1st day

of February, 1981. but before the 1st day of January.
1986, a pension equal to 40% of the annual average of
the wages received by him as a port worker during the
five years immediately preceding his retirement, whether
he was a subscriber to the previous scheme or not;

(ii) if he 'becomes a subscr2ber before the 1st day of
January, 1986, and the date of his retirement is on or
after the 1st day of January, 1986, a pension equal to
14% of his pensionable wages multiplied by the number
of years during which he was a subscriber, or 40% d
the annual average of the wages received by him as a
port worker during the five years immediately preceding
his retirement, whichever is the greater, whether he was
a subscriber to the previous scheme or not;

(iii) if he becomes a subscriber on or after the 1st day of
January, 1986, and the date of his retirement is on or
after the 1st day of January. 1986. a pension equal to
13% of his pensionable wages multiplied by the
number of years during which he was a subscriber,
whether he was q subscriber to the previous scheme or
not;

(iv) if he was also a subscriber to the previous scheme, his
share in the previous scheme, which shall be paid in a
single sum in addition to the pension payable under this
paragraph: I

(b) if the date of his retirement is on or after the 1st day of
I

February, 1981, he shall be entitled to receive from the Fund.
with effect-

*Certain of the ~ e n d m e n t s to this para mph are effective from 1 . 7 . W e
L.N. 118 in ~ s m a ~ u Gazette ~upp~ement Bat4 7.9.93.

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T H E PORT WORKERS (SUPERANNUATION SCEIEME)
REGULATIONS, 1968

(i) from the 6rst anniversary of his retirement, if he is then
alive, and for twelve months thereafter, pension at the
rate of 1063% of the pension payable to him on his
retirement;

(ii) from the second anniversary of his retirement. if he is
then alive, and for twelve months thereafter, pension at
the rate of 1139% of the pension payable to him on his
retirement;

(iii) from the third anniversary of his retirement, if he is then
alive, and for twelve months thereafter, pension at the
rate of 120% of the pension payable to him on his
retirement;

(iv) from the fourth anniversary of his retirement, if he is
then alive, and for twelve months thereafter, pension at
the rate of 1263% of the pension payable to him on
his retirement;

(v) from the fifth anniversary of his retirement, if he is then
alive, and for the remainder of his life, pension at the
rate of 1333% of the pension payable to him on his
retirement.

(5) Subject to the provisions of paragraph (7) where a subscriber
who is registered as a tally derk is retired after the 1st day of January,
1982-

(a) if he was a subscriber to the Shipping Association of Jamaica
Superannuation Fund for Tally Clerks on the 31st day of
December. 1981. he shall be entitled, upon his retirement, to
receive from the Fund established by section 3 of the Act-

(i) a lump sum equal to the aggregate of the amounts
paid by him as contributions to the Shipping Asso-
ciation of Jamaica Superannuation Fund for Tally
Clerks up to the 31st day of December. 1981. plus
the aggregate of the amounts contributed to that Super-
annuation Fund by the Shipping Association of
Jamaica up to that date in respect of his employment
plus the aggregate of the annual bonuses credited to
him in that Superannuation Fund up to that date; and

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THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

(ii) a pension equal to 25% of the annual average of the
wages received by him as a tally clerk during the five
years immediately preceding his retirement;

(b) if his employment as a tally clerk commences on or after the
1st day of January. 1982 but before the 1st day of January.
1986. he shall be entitled, upon his retirement, to receive
from the Fund established by section 3 of the Act a pension
equal to 40% of the annual average of the wages received
by him as a port worker during the five years immediately
preceding his retirement;

(c) irrespective of the date on which his employment as a tally
clerk commences, he shall be entitled to receive. with effect
from the first and subsequent anniversaries of his retirement.
pension from the Fund established by section 3 of the Act
at the rates specified in sub-paragraph (b ) of paragraph (4)
in relation to the appropriate anniversary, if he is then alive.

(6) Subject to the provisions of paragraph (7) where a subscriber
who is registered as a gearsman is retired after the 1st day of January.
1983-

(a) if he was a subscriber to the Blue Book Workers Superamua-
tion Scheme on the 31st day of December. 1982. he shall be
entitled, upon his retirement, to receive from the Fund estab-
lished by section 3 of the Act-

(i) a lump sum equal to the aggregate of the amounts paid
by him as contribution to the Blue Book Workers Super-
annuation Scheme up to the 31st day of December,
1982, plus the aggregate of the amounts contributed
to that Scheme by the Shipping Association oE Jamaica
up to that date in respect of his employment plus the
aggregate of the annual bonuses credited to him in
that Scheme up to that date; and

(ii) a pension equal to 25% of the annual average of the
wages received by him as a gearsman during the five
years immediately preceding his retirement:

(b) if his employment as a gearsman commences on or after the
1st day of January, 1983, but before the 1st day of January,
1986, he shall be entitled to receive from the Fund established

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THE PORT WORKERS (SUPERANNUATION SCHEMIJ
REGULATIONS, 1968

by section 3 of the Act upon his retirement a pension equal
to 40% of the annual average of the wages received by him
as a port worker during the five years immediately preceding
his retirement;

(c) irrespective of the date on which his employment as a gears-
man commences, he shall be entitled to receive, with effect
from the first and subsequent anniversaries of his retirement.
pension from the Fund established by sec.tion 3 of the Act at
the rates specified in sub-paragraph (b) of paragraph (4) in
relation to the appropriate anniversary, if he is then alive.

(7) The pension payable under this regulation to a subscriber shall
be paid to him monthly in arrear starting at the end of the month next
following the month of his retirement and ending on the last day of
the month in which he dies.

(8) The relevant provisions of paragraphs (2) to (7) shall appiy in
relation to a subscriber who is retired under paragraph (b) of regula-
tion 9 as they apply in relation to a subscriber who is retired under
paragraph (a) of that regulation, so, however. that until a subscriber who
is retired under paragraph (b) of that regulation attains the age of 6.5
years, the pension granted to him shall continue to be payable only
upon evidence satisfactory to the committee that he continues to be
unfit to perform the duties of a port worker.

(9) Paragraph (3) shall not apply in respect of a retired subscriber
whose pension was increased by one-third before the 1st day of
February, 1981, pursuant to the former regulation 11 (2) (now re-
voked).

(10) The relevant provisions of paragraphs (4) to (7) shall apply
in relation to a subscriber who is retired under regulation 9~ as they
apply in relation to a subscriber who is retired under paragraph (a) of
regulation 9, so, however, that the amount of pension granted to a
subscriber who is retired under regulation 9A shall be actuarially
adjusted to equate the life contingency factor at the age at which he
was retired to the factor applicable at age 65 for a port worker of the
same sex in accordance with the tables currently in use by the con-
sultants on the date when he was retired.

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THE PORT WORKERS (SUPERANNUATION SCHEME)
REGUUTAONS, 1968

(11) In this regulation "pensionable wages" in relation to a
subscriber means the annual average of the total wages received by
him as a port worker in respect of his best five consecutive years out
of the ten years immediately preceding his retirement.

Optional
joint.

12.-41) A subscriber may, with the consent of the trustees, make
vcnsmn. an irrevocable election in writing delivered to the trustees before he

receives payment of h s fitst month's pension, that in lieu of the annual
pension payable to him-

(a) a reduced annual pension shall be paid to him; and

(b) an annual pension shall be paid from the date of the sub-
scriber's death to a person named in the election (in this
regulauon referred to as his beneficiary) who is not his spouse
w&m the meaning of regulation 15A.

(2) The amount of pension payable to a retired subscriber who
makes an election under thls regulation and to his beneficiary shall
be determined in accordance with the tables currently in use by the
consultants on the date when the subscriber is retired.

(3) The pension payable under this regulation to the beneficiary
of a retired subscriber shall continue to be paid until the beneficiary
dies.

(4) If a subscriber who makes an election under this regulation
or his beneficiary dies before the date of the subscriber's retirement
the election shall be deemed not to have been made.

Early death
0.f pen-

13.-41) If, at the date of death of a person to whom a pension is
sloner. payable under these Regulations, being a person who was retired be-

fore the 1st day of February, 1981, the aggregate of the payments re-
ceived by him by way of such pension is less than the aggregate amount
of his contributions to this scheme, the difference shall be paid in a
lump sum to his nominee or personal representative as provided in
regulation 18.

(2) If, at the date of death of a person to whom an annuity (not
being a joint annuity) is payable under these Regulations, being a person
who was retired before the 1st day of February, 1981, the aggregate of

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THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

the payments received by him under the annuity is less than the ag-
gregate amount of his contributions under this scheme, the difference
shall be paid in a lump sum to his nominee or personal representatives
as provided in regulation 18.

(3) If a person to whom a pension is payable under yegula-
tion 11-

(a) is retired on or aftex the 1st day of February. 1981; and

(b) dies More he has received pension for sixty months,

the difference between the aggregate amount of pension which would
have been payable to him for sixty months if he had not died as
aforesaid and the aggregate amount of pension actually paid to him
before his death shall be paid in a lump sum to his nominee or
personal rqxesentative as provided in regulation 18.

14 .41) When the participation of a subscriber in this scheme is term- Benefit
where sub-

inated under paragraph (a). (b) or (4 of regulation 10, he shall be ncribrr's
purticipa-

entitled to receive from the Fund- tion
Ln acheme

(a) if he was also a subscriber to the previous scheme, his share :g~;;,,~.
in the previous scheme and the agqregate of the amounts z::::,':
deducted £rom his wages ap, his contributions to this scheme;
or

(b) if he was also a subscriber to the Shipping Association of
Jamaica Superannuation Fund for Tally Clerks m the Blue
Book Workers Superannuation Scheme, the lnmp sum speci-
fied by sub-paragraph (a) (i) of paragraph (5) of regulation
11 or by subparagraph (a) (i) of paragraph (6) of regulation
11, as the case may require. and the aggregate of the amounts
deducted Erom his wages as his contribution to this scheme; or

(c) if he was not also a subscriber to the previous scheme or to
the Superannuation Fund or Superannuation Scheme mention-
ed in paragraph (b), the aggregate of the amounts deducted
from his wages as his contributions to this scheme.

(2) Any interest which accrued to a subscriber under regulation
8A immediately before the termination of his participation shall be
added to the benefit to which he is entitled under paragraph (1).

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THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

(3) If a person who is entitled to a benefit under paragraph (1)
was a subscriber for a period of not less than ten years immediately
before the termination of his participation in this scheme, he may
elect to receive from the Fund, in lieu of that benefit and any interest
added to it in accordance wth paragraph (2). a deferred pension
which shall be payable from the date on which he attains the age
of 65 years and for the rest of his life.

(4) The relevant provisions of paragraphs (4) to (7) of regulation
11 shall apply in relation to a person who makes an election under
this regulation as they apply in relation to a subscriber who is retired
under paragraph (a) of regulation 9. so, however, that-

(a) if the person who makes such an election k a m e a sub-
scriber before the 1st day of January. 1986, the amount of
pension granted to him shall be actuarially adjusted to equate
the life contingency factor at the age at which his participation
in this scheme is terminated to the factor applicable at age
65 for a port worker of the same sex in accordance with the
tables currently in use by the consultants on the date when
his participation in this scheme is terminated;

(b) if that person became a subscriber on or after the 1st day
of January. 1986, the amount of pension granted to him shall
be the same as the amount of pension which he would have
been entitled to receive at the date of termination of his
participation in this scheme if he had retired at that date.

(5) If a person who made an election under this regulation dies
before he attains the age of 65 years and he leaves no person entitled
under these Regulations to receive surviving spouse's pension, the
aggregate of-

(a) the benefit to which the person who made the election was
entitled under paragraph (1);

(b) any interest added to that benefit in accordance with para-
graph (2). which shall be computed up to the date of his
death,

. --
[The inclusion of this page is authorized by L.N. 144/1995]

THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

shall be paid in a lump sum to the nominee or personal representa-
tive of the person who made the election as provided in regulation
18.

(6) If a person who made an election under this regulation dies
after he attained the age of 65 years but before he has received pension
for sixty months, the difference between the aggregate amount of
pension which would have been payable to him for sixty months had
he not died as aforesaid and the aggregate amount of pension actually
paid to him before his death shall (be paid in a lump sum to his
nominee or personal representative as provided in regulation 18.

h e f i t 15.--(I) When the participation of a subscriber in this scheme is term- where rub.
tcriber'a

inated by reason of his death, and he leaves no person entitled under par:icipa-
these Regulations to receive surviving spouse's pension, then-

tion
b scheme
b tcrmi.

(a) if the subscriber was also a subscriber to the previous scheme, ::%.on
his share in the previous scheme and the aggregate of the
amounts deducted from his wages as contributions to this
scheme; or

(b) if the subscriber was also a subscriber to the Shipping Asso-
ciation of Jamaica Superannuation Fund for Tally Clerks or
the Blue Book Workers Superannuation Scheme, the lump
sum specified by sub-paragraph (a) (i) of paragraph (5) of
regulation 11 or by sub-paragraph (a) (i) of paragraph (6) of
regulation 11, as the case may require, and the aggregate of
the amounts deducted from his wages as his contributions to
this scheme; or

(c) if the subscriber was not also a subscriber to the previous
scheme or to the Superannuation Fund or Superannuation
Scheme mentioned in paragraph (b), the aggregate of the
amounts deducted from his wages as his contribution to this
scheme,

shall be paid in a lump sum to his nominee or personal representative as
provided in regulation 18.

(2) Any interest which accrued to a subscriber under regulation
8A immediately before the termination of his participation shall be
added to the benefit which shall be paid in accordance with paragraph
(1).

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THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

15A.-(1) If a subscriber who is retired under regulation 9 on or
after the 1st day of February. 1981, dies leaving a person who had
been his spouse from a date prior to his retirement until the date of
his death, that person shall be entitled to receive from the Fund a
surviving spouse's pension equal to-

(a) 15% of the annual average of the wages received by that
subscriber as a port worker during the five years immediately
preceding his retirement if that subscriber's participation in
this scheme began before the 1st day of January. 1986; or

(b) 374% of the pension payable to that subscriber at the date
of his retirement, but before any reduction consequent on
the exercise of an election under regulation 15C, if that
subscriber's participation in this scheme began on or after
the 1st day of January, 1986.

(2) If the participation of a subscriber in this scheme is
terminated on or after the 1st day of February, 1981, by reason of
his death, and if he leaves a person who is his spouse at the date of
his death, that spouse shall be entitled to receive from the Fund a
surviving spouse's pension equal to-

(a) 15% of the annual average of the wages received by that
subscriber during the five years immediately preceding his
death in the case of a subscriber whose participation in
this scheme began before the 1st day of January. 1986; or

(b) 374% of the pension which would have been payable to
that subscriber at the date of termination of his participation
in this scheme if he had retired at that date, in the case of
a subscriber whose participation in this scheme began on
or after the 1st day of January. 1986.

(2A) If a person who made an election under regulation 14 to
receive a deferred pension dies leaving a person who is his spouse at
the date of his death, that spouse shall be entitled to receive from the
Fund a surviving spouse's pension equal to-

(a) 15% of the annual average of the wages received by the
deceased person as a port worker during the five years
immediately preceding the termination of his participation in

[The inclusion of this page is authorized by L.N. 144/1995!

THE PORT WORKERS (SUPERANNUATION SCHEME)

REGULATIONS, 1968

this scheme if his participation in this scheme began before
the 1st day of January. 1986; or

(b) 373% of the pension which would have been payable to the
deceased person at the date of termination of his participa-
tion in this scheme if he had retired at that date, and if
his participation in this scheme began on or after the 1st day
of January, 1986.

(2B) If a subscriber who was retired under regulation 9 before
the 1st day of February, 1981, died after the 1st day of July, 1988, and.
at the time of his death. he left a person who was his spouse or is treated.
in accordance with paragraph (4), as his spouse, that person shall be
entitled to receive from the Fund a surviving spouse's pension at a rate
which shall be subject to actuarial advice.

(3) The surviving spouse's pension payable under this regula-
tion shall be paid to the surviving spouse monthly in arrear, starting at
the end of the month in which the subscriber dies and ending on the
last day of the month in which the surviving spouse remarries or dies.
whichever 6rst occurs.

(4) For the purposes of this regulation-

(a) the committee may treat a single woman or widow who was
living with a single man or widower as his wife for a period
of not less than 52 weeks immediately prior to his or her
death as if she were in law his widow or as if he were in law
her widower, as the case may require, if the committee is
satisfied that in all the circumstances she, or he, as the case
may require, should be so treated;

(b) where the question of marriage or remarriage, or of the date
of marriage or remarriage, arises in regard to the entitlement
or cessation of entitlement of a person to a surviving spouse's
pension, the committee shall, in the absence of the sulbistence
of a lawful marriage and of any impediment to lawful mar-
riage, decide whether or not the person or persons concerned
should be treated as if he, she or they were married or as if he
or she had remarried, as the case may be, and if so, from
what date and in determining the question the committee shall
have regard to the terms of sub-paragraph (a);

-
[The inclusion of this pagd is authorized 'by L.N. 144/1995]

TRE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

Trustees may
recommend
increases in
benefits.

Lump
~ u m and
reduced
pension.

Medical
examination
of subscriben,

Notice of
retirement
or termina-
tdon of
panicipa-
Lion In
scheme.

(c) a decision of the committee given under sub-paragraph (a) or
(b ) shall, unless the context otherwise requires, have the efl ect
of extending, as regards a surviving spouse's pension, the
meaning of the word "marriage" to include the association
((the subject-matter of the decision) between such a single
woman or widow as aforesaid with such a single man or wid-
ower as aforesaid, and for this purpose the words "wife",
"widow", "widower" and "spouse" shall be construed accord-
ingly.

193. Where the trustees, after taking into account the amounts and
actuarial liabilities of the Fund, are of opinion that the reserves of the
Fund are sufficient to support the benefits payable under these Regula-
tions and any increase thereof considered desirable, the trustees may
recommend to the Minister that, subject to actuarial advice, the benefits
payable under these Regulations be increased.

15C.+1) A subscriber may, with the consent d the trustees elect,
before he receives payment of his first month's pension, to surrender
a portion of his annual pension and receive a reduced pension plus
a single cash payment equal to one-quarter times twelve and one-half
times the annual pension or the maximum lump sum for the time
being permitted under the Income Tax Act, whichever is less.

(2) The amount of the reduced pension shall be determined
in accordance with the tables currently in use by the consultants on
the date when the subscriber is retired.

PAKT VD-Miscellaneous and General Provisions

16.+1) Any subscriber shall, upon his application to the committee,
be examined by the medical panel as to his fitness to perform the duties
of a port worker.

(2) An employer may at any time require any subscriber to be
examined by the medical panel as to his fitness to perform the duties of
a port worker and the committee shall, at the request of such employer,
by notice in writing, require the subscriber to submit to a medical
examination by the medical panel.

17. Whenever the Authority retires a subscriber under regulation 9 or
terminates the subscriber's participation in this scheme under paragraph
(a). (b) or (d) of regulation 10, the Authority shall serve written notice
of such retirement or termination upon such subscriber.

[The inclusion of this page is a u t h o r i d by L.N. 144119953

THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

18.-(1) Every subscriber may for the purposes of these Regulations $;$"ce'.
make a nomination in the form set out in the Fifth Schedule designating Schedu'e.
any person or persons who, in his opinion, are dependent on him either
in whole or in part.

(2) A subscriber may in any such nomination designate what
proportions of the relevant lump sum each of any two or more nominees
designated by him shall take.

(3) Every such nomination may be revoked by the subscriber at
any time on payment to the Authority (for crediting to the Fund) of a
fee of twenty-five cents.

(4) The relevant lump sum shall be paid to any person so
nominated who survives the subscriber, regard being had to any
designation of proportions made under paragraph (2).

(5) If a joint nominee dies in the lifetime of the subscriber, the
surviving nominee or nominees shall take in equal shares the share of
the relevant lump sum to which such deceased nominee would have
been entitled had he survived the subscriber, and if there be only one
surviving nominee he shall receive the whole of the relevant lump sum.

(6) If at the date of death of the subscriber he is not survived by
a nominee. payment of the relevant lump sum shall be made to his per-
sonal representative.

(7) In this regulation "relevant lump sum" means the lump sum
payable under regulation 13 or under regulation 15, as the case may be.

19. All payments in accordance with these Regulations shall be paid pFts
out of the Fund and no person entitled to any payment shall have any
claim thereto except out of the Fund, and, subject to the provisions of
regulation 27, no such person shall in any case whatsoever have any
claim to any payment against the trustees or any of them personally or
against the committee or any employer or representative of an employer
or the Authority.

20.-(1) Payment of any benefit under the provisions of these Regu- p : d t
lations shall be made by the trustees to a subscriber or to his nominee
or personal representative. or to any other person entitled to payment tioua.
under these Regulations, as the case may be, as soon as the same may
expeditiously and conveniently be made.
-

[The inclusion of this page is authorized by L.N. 144119951

THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS. 1968

(2) Where any delay is likely to occur in the calculation of the
final amount of any such benefit as aforesaid, the trustees may. if re-
quested so to do by the Authority, make an advance to a subscriber, or
to his nominee or personal representative, or to any other person eh-
titled to payment under these Regulations, as the case may be. on
account of such benefit. pending final calculation of the exact amount
thereof.

Evidence of
survival.

21. The Trustees shall be entitled to require evidence satisfactory to
them of the continued survival of any person entitled to payment under
these Regulations, and may withhold any such payment until such evi-
dence as aforesaid is produced to them.

Benefits
unassign- 22.-(1) All rights conferred on any subscriber, annuitant, nominee or
able. personal representative or other person entitled to payment under these

Regulations shall be upon the express condition that no benefit payable
under the provisions of these Regulations shall be subject in any manner
to anticipation, assignment, pledge or charge, and that any attempt so to
anticipate, assign, pledge or charge the same shall be void, and that no
such benefit shall in any manner be liable for or subject to the debts.
contracts, liabilities or torts of any subscriber, nor shall any interest of a
subscriber under these Regulations be subject to garnishment, attach-
ment, execution or levy of any kind.

(2) If any subscriber. annuitant, nominee or other person en-
titled to payment under these Regulations becomes bankrupt or
attempts to anticipate, assign, pledge or charge any benefit under
these Regulations or if any application to attach such benefit is made
his interest in such benefit shall forthwith cease and determine, and in
that event the trustees may hold or apply the same or any part thereof
to or for the benefit of such subscriber, annuitant, nominee or other
person entitled to payment under these Regulations, his spouse.
children, or other dependents, or any of them, in such manner and in
such proportion as the committee in its absolute discretion may think
proper.

Audit of 23.-(1) The trustees shall from time to time appoint auditors for the
Fund and
presentatjon purpose of auditing the accounts relating to the Fund.
of annual
accounts. -

[The inclusion of this page is authorized by L.N. 14411995J

TRE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

(2) The accounts shall be prepared to coincide with the calendar
year and at intervals of not less than twelve months and shall be sub-
mitted to the auditors as soon as may be after the end of each year to
be audited.

(3) The trustees shall, once in each year, present an annual
audited account of the Fund to the Authority for approval by them on
behalf of all employers and copies of such accounts shall be made avail-
able for inspection by any employer at least two weeks prior to the date
of their formal presentation to the Authority.

24. All costs, charges and expenses incurred by the trustees in carry- Adminislra-
tlon cosu

ing out the provisions of these Regulations or for the benefit of or in to be
cllarged

connection with the management of the Fund shall be paid out of the to Fund.
Fund.

25.-(1) The trustees shall deposit on current or deposit account in Tmtees
powers of

any bank or invest all or any of the moneys in their h'ands belonging to deposit and
investment.

the Fund and not immediately required for making any payment in
accordance with these Regulations.

(2) The trustees may invest in all or any of the following invest-
ments or securities-

(a) shares of any class or description in a building society;
(b) securities for the time being authorized by the laws of Jamaica

for the investment of trust funds;

(c) any other investments or securities, either the nature of
realty or personalty, as the trustees may in their discretion
approve.

26. If it is necessary to make a payment out of the Fund in accord- Trustees
owers to ance with these Regulations and there is not at the time sufficient money gorrow.

in the Fund or sufficient ready money available for the purpose, the
trustees may borrow money for such purpose at such rate of interest
and upon such terms and conditions as they think fit and may give a
charge on all or any of the assets belonging to the Fund and on the
present or future income of the Fund.

27. No trustee shall be personally liable for any loss, damage, costs or Liability OP
expenses incurred in consequence of any act of omission or default of trustees.

the trustees unless he be guilty of actual fraud or dishonesty whereby
loss or damage is sustained by the Fund.

Khe inclusion of this page is authorized by L.N. 144/1995]

16.02 THE PORT WORKERS (SUPERANNLflATZQN SCHEME)
REGULATIONS, 1968

Special 28.-(1) A special meeting of subscribers may at any time be called
meeting of
subscribera. by not less than twenty-five per cent of all subscribers.

(2) On receipt by the Authority of a notice signed by at least
twenty-five per cent of all subscribers demanding a special meeting of
subscribers and specifying the business to be transacted thereat, the
Authority shall give notice of the meeting to all subscribers and of the
business to be transacted thereat.

(3) No business not so specified shall be transacted at a special
meeting of subscribers.

(4) Not less than seven clear days' notice of every such special
meeting of subscribers specifying the place, day and hour of the meeting
shall be given to all subscribers by the Authority posting notices of the
meeting at all recruiting compounds for port workers.

(5) Every special meeting of subscribers shall, before proceeding
to business, appoint a chairman from amongst the subscribers present
thereat.

(6) A quorum at any such meeting shall consist of at least
twenty-five per cent of all subscribers.

(7) The chairman of any such special meeting of subscribers
shall at the close of the meeting forward to the committee a written
memorandum signed by him setting forth all resolutions put to and
carried by a simple majority of subscribers present thereat.

(8) Every subscriber present in person at a special meeting shall
have one and only one vote and voting by proxy shall not be permitted.

(9) The chairman of every such special meeting of subscribers
shall in every case of equality of votes have a casting vote in addition to
his original vote.

(10) If at least twenty-five per cent of all subscribers are not
present in person at the commencement of a special meeting of sub-
scribers or at any time during the meeting, it shall be adjourned
at pleasure to any later hour on the same day, or to any later day and
hour as may be decided by the subscribers present.

Sewtce of 29. Service of any notice or document on any port worker or sub-
nobice or
other doc"- scriber shall be effected by leaving such notice or document at his last
ment. address according to the particulars of his registration as a port worker

or by posting the same by registered post to such address.

[Tne inclusion of this page is authorized by L.N. 144/1995]

THE PORT WORKERS (SUPERANNUA TtON $CE-IEMQ
REGULATIONS, I968

30.-(1) The trustees may require the Authority to furnish returns R,,,,.
containing such information as the trustees may deem fit relating to
wages earned by or paid or owing to port workers.

(2) Such returns shall-
(a) be in such form as the trustees may require; and
(6) be sent to the trustees at the end of every month.

31.-(1) The trustees may in writing require the Authority to pro- Productton
of accounts. duce for inspection any books of account kept by the Authority, and

any pay-rolls and other documents of whatever nature whether similar
to the foregoing or not, in its possession, relating to wages earned by or
paid or owing to port workers.

(2) Such books of account, pay-rolls or other documents shall be
produced for the inspection of the trustees or the agents of the trustees
at such place as the trustees shall appoint and within ten days of the
receipt by the Authority of a notification in writing requiring the pro-
duction of the same.

PART VIII-Transitional and Saving Provisions

32. In relation to subscribers to the previous scheme who, by virtue z ~ % ~ ~ , .
of the provisions of these Regulations, became subscribers to this scheme
with effect from some date before the 1st of October, 1968, the pro-
visions of regulations 11 to 17 (inclusive) of the 1954 Regulations shall.
subject to the provisions of regulation 33, be deemed to have ceased
to have had effect as from the date when they became subscribers to this
scheme.

33. The provisions of regulations 9 and 10 shall not have effect until ;:$a1
the 1st of October, 1968, and, as respects the period between the
effective date and the 1st of October, 1968, the provisions of regulations
14 and 15 of the 1954 Regulations (together with such other provisions
of those Regulations as are relevant to the interpretation and applica-
tion of the said regulations 14 and 15) shall (with the necessary
modifications) have effect as if contained in Part V, and-

(a) for the purposes of Part VI, a subscriber to this scheme who,
during such period as aforesaid, was retired under paragraph
(1) of the said regulation 14 shall be treated as if he had been
retired under paragraph (a) of regulation 9, and a subscriber
to this scheme who, during such period as aforesaid, was

(Thc inclusion of this page is authorized by L.N. 144fi9951

THE PORT WORKERS (SUPERANNUATlON SCHEME)
REGULATIONS. 1968

retired under paragraph (3) of the said regulation 14, shall be
treated as if he had been retired under paragraph (6) of regu-
lation 9, and, accordingly. each subscriber shall, with effect
from the date of his actual retirement be entitled to the single
lump sum mentioned in regulation 11 and-

(i) to a pension under that regulation; or

(ii) if he so elects at any time before receiving any payment
on account of such pension, to an annuity under regula-
tion 12.

so, however, that such lump sum and pension, or as the case
may be, such lump sum and annuity, shall be in lieu of any
payment received under regulation 16 of the 1954 Regulations.
and if the amount of such payment exceeds the amount of
such single lump sum as aforesaid the excess shall be deducted
from payments on account of such pension or annuity; and

(b) a subscriber to this scheme who during such period as afore-
said was retired under paragraph (2) of the said regulation 14
or paragraph (1) of the said regulation 15 shall. for the pur..
poses of Part VI, be treated as if his participation in this
scheme had been terminated under paragraph (a), (b) or (d)
of regulation 10, and accordingly shall be entitled to the bene-
fits mentioned in regulation 14, so, however, that such
benefits shall be in lieu of any payment made under regulation
16 of the 1954 Regulations, and if such payment has been
made, payment under these Regulations shall be adjusted
accordingly; and

(c) where during such period as aforesaid a subscriber to this
scheme dies then, for the purposes of Part VI, his participation
as a subscriber to this scheme shall be deemed to have been
terminated under paragraph (c) of regulation 10 and accord-
ingly his nominee or personal representative shall be entitled
to the benefits mentioned in regulation 15, so, however, that
such benefits shall be in lieu of any payment made under regu-
lation 17 of the 1954 Regulations and if such payment has
been made, payment under these Regulations shall be adjusted
accordingly.

Savlnu pro-
visions relat-

34.-(1) The following provisions shall have effect in relation to the
mn to
emergency

Emergency Relief Scheme contained in the 1'954 Regulations.
relief.

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THE PORT WORKERS (SUPERAIVNUATION SCHEME)
REGULATIONS, 1968

(a) where periodic payments under regulation 34 of those Regu-
lations would, but for the revocation of those Regulations, con-
tinue to be payable oil or after the 1st of October, 1968 to a
port worker who was retired before the effective date, such
periodic payments shall continue to be payable to such port
worker as if those Regulations had not been revoked; and

(b) if the trustees in any particular case so decide, periodic pay-
ments may be granted on or after the 1st of October. 1968 to
any port worker who was retired before the effective date and
who appears to the trustees to be in need of financial assist-
ance.

(2) All such periodic payments as aforesaid shall be paid out of
the Fund as if they were benefits under this scheme.

35.-(1) With effect from the 1st of October. 1968. there shall be pay- tg;,'g*
able to any subscriber to the previous scheme who as at such date- g;:;

(a) had not been retired under the 1954 Regulations; and
rribers to
previoua
rheme.

(b) had not become a subscriber to this scheme.
a sum consisting of the aggregate of the deductions from his wages
under regulation 12 of tbe 1954 Regulations and of the contributions by
his employer under regulation 13 of those Regulations, less any sums
debited against such subscriber under those Regulations.

(2) All sums payable under paragraph (1) shall be payable out
of the Fund as if they were benefits under this scheme.

--
E h e inclusion of this page is authorized by L.N. 144119951

THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

FIRS SCHEDULE (Regulation 2)

Schme for the regisfration of pont workers In Kingston (1983)

To regulate the employment of port labour in Kingston by forming a register
of port workers entitled to preference for engagement, so that only in circum-
stances of exceptional pressure of work should any unregistered person be engaged
for port work.

By these means, a check would be put on the employment of purely casual
labour, and the engagement of labour would proceed in accordance with a well
understood and properly organized plan.

(i) His Excellency the Govanor shall appoint a Commissioner for the
registration of port workers in Kingston. The Commissioner shall
hold office at the pleasure of the Governor.

(ii) It shall be the duty of the Commissioner to consider and enquire into
applications made by or on behalf of persons who desire to work as
port workers and to register in a register of port workers the names
of all persons who present proof of their previous employment in
accordance with regulations to be issued hereunder. All applicants
for registration as port workers must-

(a) be 17 yean of age or over;

(b) as regards initial applications, have been employed as a port
worker during some portion of any of the twelve or more
weeks during the period from 1st January, 1938 to the date
of application.

The initial registration shall not include banana or wal carriers.

(iii) The Commissioner may, if he thinks fit, of his own motion or upon
application of any employer of port workers or other interested party,
order the removal from the register of the name of any port worker,
but no such order shall be made without the port worker in question
having been previously notified of the grounds of removal and given
an opportunity of making representations to the Commissioner, either
personally or through his advocate. When the Commissioner is in
session considering cases falling within the terms of this paragraph,
it will be open to any port labour employer or any trade union repre-
sentative of port workers to attend, and, subject to the discretion of
the Commissioner, to tender evidenca relative to any case under con-
sideration.

(iv) The Commissioner shall cause a register of port workers to be kept
showing the names and addresses of port workers registered by him,
and any other relevant information in connection with the employ-
ment of registered port workers, and this register shall be open to
inspection by any interested party.

(v) The Commissioner shall supply a registration book to each person
registered as a port worker. The registration book shall be in a form
approved by him, and shall be valid for a specified period. The
cost of same to be borne by the worker and the Shipping Associahon
in equal parts. The book shall be the property of the Commissioner,
but shall remain in the possession of the port worker whilst current.

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THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

(vi) Upon expiration of the period for which a registration book was
issued a new book shall be given to the port worker unless his name
has been in the meantime removed from the register for any reason.

(vii) Upon bdng satisfied that any registered port worker has lost his
registration book, another registration book may be issued to him
at his own cost.

(viii) A registration book shall be cancelled in the case of any port worker
to whom it has been issued, when his name has been removed from
the register.

(ix) The act of registration shall not entitle any port worker to employ-
ment, but no person shall employ any port worker who is not duly
registered as such save in exceptional circumstances which are to be
reported to the Commissioner without delay.

(x) Upon being satisfied that it is necessary to increase the number of
registered port workers, the Commissioner shall have the power to
register additional port workers either on a temporary or permanent
basis.

(xi) The Commissioner shall be enabled to make regulations for any or
all of the following purposes-

(a) to regulate all matters relative to application of port workers
to register, and the suspension or cancellation of such ragis-
tration;

(b) to fix the number and type of port workers who may be
registered;

(c) to require the employer to produce at such times as may be
necessary all books, pay-rolls and documents in regard to
employment of port workers for the purpose of registration;

(d) to prescribe fees necessary to meet the expenses connected
with the registration of port workers and othm matters falling
within his province.

(3) As soon as practicable after the Commissioner has established the regis-
tration of port workers who are to recdve registration books on the initiation
of the scheme, his 'urisdiction shall cease and coincidentally steps shall be taken
by His Excellency tke Governor to constitute a Registration Board to consist of-

(a) a chairman;

(b) three members representing the employers of port workers; and

(c) three members representing the registered port workers.

This Board will perform the duties ascribed to the Commissioner as set forth
above.

(4). In the event of any disputes arising out of any matter coming within the
junsdlction of the: commissioner. such dispute shall be submitted to the Regis-
tration Board for final decision.

r h e inclusion of this page is authorized by L.N. 144/1995]

THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

SECOND SCHEDULE (Regulation 2)

Scheme of registration of port workers (1954)

1.-(1) The Labour Adviser shall keep a register and such other records as
may be necessary of all port workers registered under this scheme and shall
assign a registration number to each such port worker.

(2) The last two numerals of each port worker's registration number shall
wincide with the last two numerals of the year in which such port worker is
registered.

(3) The register and such other records shall be kept in such form as the
Labour Adviser may think fit and shall include a photograph of each port worka
and the following particulars of each port worker-

(i) his full name;

(ii) his address at date of registration;

(iii) the registration number assigned to him;

(iv) his age as declared by such port worker and accepted by the Labour
Adviser or as evidenced by his birth certificat~;

(v) the date upon which each port worker bewmeis registered under
this scheme.

2. The register and other records kept by the Labour Adviser for the purposes
of the scheme set out in the First Schedule shall be accepted as the register and
other records required to be kept by him for the purposes of this scheme and
such regisler and other records shall be rectified and the particulars therein
amended from time to time as may be necessary for the purposes of this scheme.

3. The Labour Adviser shall, as soon as practicable, issue to each registered
port worker a folder or booklet in such form as the Labour Adviser may deem
6t containing a photograph of the port worker and the particulars prescribed in
sub-paragraph (3) of paragraph 1.

4.-(1) The Labour Adviser shall, as soon as practicable, furnish the Council
with a list of the names of all port workers registered under the scheme s& out
in the First Schedule together with their registration numbers and date of regis-
tration.

(2) The Labour Adviser shall from time to time furnish the Council with
the particulars of any rectification of the register or amendment of the partmlars
therein as soon as practicable after such rectification or amendment is made.

5. The Labour Adviser shall from time to time remove the name of any port
worker from the register-

(a) on being requested so to do by the Council; or

(b) on being requested so to do by the Authority.

6.-(1) The Council shall by resolution decide upon the number of port
workers to be added to the register from time to time and shall transmit a copy

-
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THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

of such resolution to the Shipping Association of Jamaica or other association
or body for the time being representing the employers together with a request
that the required number of additional port workers be recruited by the Shipping
Association of Jamaica (or such other association or body) as soon as may be
practicable thereafter.

(2) On recdpt of the request referred to in sub-paragraph (I), the Shipping
Associabon of Jamaica or other association or body for the time being represent-
ing the employers shall recruit the appropriate number of workers and shall there-
after submit to the Labour Adviser-

(a) a certified copy of the resolution of the Council authorizing the increase
in the number of registered port workers;

(b) a list setting forth the full name, address and age of each worker
recruited pursuant to the request of the Council, together with four
photographs of each worker.

(3) Upon recdpt of the documents mentioned in sub-paragraph (2). the
Labour Adviser shall forthwith register the additional workers as port workers
under this scheme.

THIRD SCHEDULE (Regulation 3(2) )

Board of Trustees

1.-(1) The fourteen trustees constituting the Board shall be appointed by the Appointment
Authority and of such trustees eight shall be persons nominated by the Authority of LIUStecu.
as employers' trustees, and the remaining pix trustees shall be persons nominated
as subscribers' trustees, by the representatwes of subscribers on the Council.

(2) The Authority shall appoint one of the employers' trustees to be
chairman of the Board.

2.-(1) The Board shall be a body corporate having perpetual succession and Incorpora-
a common seal wth power to purchase, lease or otherwise acquire and hold and
dispose of land and other property of whatever kind.

(2) The seal of the Board shall be authenticated by the signatures of the
chairman, or one member of the Board authorized to act in that behalf, and
the secretary, and such seal shall be officially and judicially noticed.

(3) All documents, other than those required by law to be under seal,
made by, and all decisions of, the Board may be signified under the hand of the
chairman, any member authorized to act in that behalf or the secretary.

(4) The Board may sue or be sued in their corporate name and may for
all purposes be described by such name.

3.-41) A trustee may retire by instrument in writing addressed to the Retirement
secretary and from the date of the receipt by the secretary of such instrument, K,"Vs-of
such trustee shall cease to hold office. ~ N S ~ C C S . -

r h e inclusion of this page is authorized by L.N. 144119951

New n o d -
nations.

Temporary
n o m a -
tionn.

Conditions
under which
trustees
may fill
vacancy.

Meetings of
trustees.
quorum and
voting.

THE PORT IW0,RKERS (SUPERANNUATIW SCHEME)
REGULATIONS, 1968

(2) If any trustee-

(a) is adjudicated bankrupt;

(b) compounds with his creditors;

(c) suffers execution to be levied on his goods;

(4 is certified of unsound mind by a registered medical practitioner
approved by the other trustees;

(e) is sentenced to imprisonment for a term of or exceeding six months;

u> except for any cause mentioned in paragraph 5, fails to attend three
consecutive meetings of the trustees duly convened,

he shall, ipso facto, be deemed to have retired.

(3) Any trustee may at any time by instrument in writing addressed to
the remaining trustees be removed by the body or persons who nominated him
and from the date of the receipt of such instrument by the trustees such trustee
shall cease to hold office.

4.--(I) If an employers' trustee dies, retires, is deemed to have retired or is
removed under the provisions of paragraph 3, some other fit and proper person
shall forthwith be nominated by the Authority to take his place as an employers'
trustee.

(2) If a subscribers' trustee dies, retires, is deemed to have retired or is
removed under the provisions of paragraph 3, some other fit and proper person
shall forthwith be nominated to take his place as a subscribers' trustee by the
representatives of subscribers on the Council.

(3) If the chairman dies, retires, is deemed to have retired or is removed
under the provisions of paragraph 3, some other fit and proper person shall forth-
with be appointed by the Authority to take the place of such chairman.

5. If any trustee duly nominated under these Regulations is temporarily unable
through sickness, absence abroad or othw reasonable cause (to be determined
by the remaining trustees) to attend to his duties as trustee, the body or persons
by whom he was nominated as a trustee may nominate a fit and proper person
to act temporarily in his place during such sickness or absence abroad or while
such reasonable cause exists, and whilst so acting as trustee such person shall
have all the powers, privileges, duties and immunities of the trustee in whose
place he has been nominated.

6. If a vacancy occurs amongst the trustees under the provisions of paragraph
3 and such vacancy is not filled within one month of its occurrence, the remaining
trustees shall nominate some fit and proper person as trustee to fill the vacancy,
and such trustee shall hold office as if he had been duly nominated under the
provisions of paragraph 4 by the appropriate body or persons mentioned therein.

7,+1) Anything that may be done by the austees and any act or duty to be
performed by them under these Regulations may be done or performed by a
quorum of trustees present at a meeting of which every trustee has been given
not less than twenty-four hours previous notice.

W e inclusion of this page is authorized by L.N. 144/1995]

THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

(2) At any meeting of the trustees a quorum shall consist of seven mem-
bers of whom four, including the chairman, shall be employers' trustees.

(3) Subject to the provisions of sub-paragraph (4). each trustee shall have
one vote at all meetings and all decisions and resolutions of the trustees shall
be passed or carried by a simple majority vote.

(4) Any trustee who presides as chairman at any meeting shall, in addition
to his original vote, have a casting vote in the event of an equality of votes on
any occasion when there is disagreement between the employers' trustees and
the subscribers' trustees.

8. The trustees may from time to time appoint such persons to perform the Appoint
duties of secretary and treasurer in relation to the Fund and such other persons ;tc$,
to perform such duties as shall, in the opinion of the trustees, be necessary for ,,,.
the proper management and operation of the Fund, and may pay them such
remuneration as they may deem fit and may suspend or dismiss such pmOM
a the occasion may require.

9. No trustee shall be entitled to any remuneration for acting as such. NO mmuna
ration of
twteu .

10.-41) The trustees may from time to time appoint such committees con- co-ittees.
sisting in each case of not less than two trustees (one being an emplo ers' trustee
and one being a subscribers' tmstee) to exercise such powers as may entrustad
to them by the trustees.

(2) The trustees may at any time in their discretion dissolve any com-
mittee appointed by them or revise the constitution thereof, or revoke or vary
any powers entrusted to any such wmmittee.

FOURTH SCHEDULE (Regulation 4(2) )
Pensions Committee

1. The Pensions Committee shall comprise such number of members of the Conatht:tm
Council, not being less than six, as the Council may from time to time decide, of?en'iona
and of such number onehalf shall be subscribers' representatives and the olhu Conm'ittee.
half shall be nominated by the Authority.

2. The members of the committee shall hold office at the will of the Council renun of
and the Council may at any time remove any member, and, having regard to the oace of
provisions of paragraph 1, may fill any vacancy which may occur among the members.
members of the committea.

3. Any member of the committee may retire by giving one month's notice in Retlnment
writing to the Council. of n~cmhcrr Pensionu

Committee.

4. A member of the committee shall, ipso facto, cease to be a member of the E;,",";2;h$
mmmittee if- af

(i) he ceases to be a member of the Council; ~ornmlttee.
(ii) a provisional order of bankruptcy is made against him;
(iii) he compounds w~th is creditors;
(iv) he is catified by a registered medical practitioner approved by the

wmmittee to be unable to attend to the business of the committee
for a period of three months or more.

5. To the intent that there shall at all times be not fewer than six members Momhen oi
of the wmmittee, if any member be removed or otherwise ccnscs to be a corn- Pcxions
mittee member then the Council shall appoint another in his stead, and, if sixh ~ ~ t ~ $ ~ ~ e
appointment be not made within three months of the vacamy occurring, the below&.
remaining committee. members may, having regard to tha provisions of pma-
graph 1, appoint another person in his stead and such person shall be deemed
to have been appointed by the Council.

m e inclusion of this page is authorized by L.N. 154119661

Election of
coshairmen
of Pensions
Committee.

Election of
secretary of
Pensions
Committee.

Quorum.

Decisions
by vote.

Competence
to transact
business.

Minutes.

No remunera-
tion.

THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS. 1968

6.-(1) At its first meeting and thereafter at the first meeting held each yeat
the Authority's nominees shall elect one of their number to serve as co-chairman
for the ensuing year and the subscribers' representatives shall simiIarIy elect one
of thdr number to serve as the other co-chairman for the same period.

(2) The co-chairmen shall preside for one calendar month alternately
and shall while presiding have an original but not a casting vote.

(3) The co-chairman to preside first shaU be] decided by drawing lob.

7. The Committee shall elect a member to be secretary of the committee and
he shall continue to hold the office nf secretary until his retirement or removal.

8. A quorum at a meeting of the committee shall be four, one of whom shall
be the chairman for the time being.

9. All matters shaU be decided by a majority vote of the committee present
at a meeting.

10. The committee shall be competent to meet and transact its business in
regard to the scheme notwithstanding any vacancies among them provided there
are at least four committee members.

11. The committee shall cause proper minutes of all its meetings to be kept
in a book to be provided for the purpose.

12. No committee member shall be entitled to any remuneration for acting
as such.

FIFTH SCHEDULE (Regulation 18(1) )

Form of Nomination

..................................... I.. ............................................................. of..
a subscriber under the Kingston Port Workers Superannuation Scheme

who *(is)*(are) dependent on me, to receive any benefit to which a nominee of
mine may be entitled under the Kingston Port Workers (Superannuation Scheme)
Regulations, 1968, in the event of my death (in the following proportions:-

(1). ..........................................o receive.. ...........................................

[The inclusion of this page is authorized by L.N. 154119861

THE PORT WORKERS (SUPERANNUATION SCHEME)
REGULATIONS, 1968

............................................. .................................. (3) A receive

.......................................... (4). ........................................... .to receive.. )
*Delete if not applicable.

Dated this day . 19
Witness to signature Signature

Address of witnass

[The inclusion of this pqp is suthortsd by L.N. 4119761