Pensions Act

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Pensions Act
CHAPTER 6.07
PENSIONS ACT
ARRANGEMENT OF SECTIONS

PART 1
PRELIMINARY
SECTION
1. Short title
2. Interpretation
3. Application of Act
PART 2
PENSION BENEFITS
4. Pension Benefits
5. Entitlement
6. Eligibility
7. Normal Retirement
8. Early Retirement
9. Retirement on medical grounds
10. Time for payment
11. Suspension of pension
12. Social Security Board reporting obligation
PART 3
OTHER BENEFITS
13. Early exit benefit for ten years or more service
14. Suspension of early exit deferred benefit
15. Gratuity for less than ten years service
PART 4
DEATH BENEFITS
16. Gratuity where officer dies in the service or after retirement
17. Death from injury or disease in the course of employment

PART 5
PROTECTION OF AWARDS
18. Pensions, etc., not to be assignable
19. Power of Governor in case of bankruptcy
20. Power of Governor in case of conviction
PART 6
TRANSITIONAL PROVISIONS
21. Protection of persons with twenty years of service
PART 7
MISCELLANEOUS
22. Regulations
SCHEDULE


CHAPTER 6.07
PENSIONS ACT
(Acts 3 of 2011 and 9 of 2011)

Commencement
[23 May 2011]
PART 1
PRELIMINARY
Short title
1. This Act may be cited as the Pensions Act.
Interpretation
2. In this Act—
“average pensionable emolument” means 1 /3 of the sum of the highest 3
pensionable emoluments of the pensionable officer;
“commuted gratuity” means the gratuity prescribed to be paid to a pensionable officer who elects to receive, instead of pension, a gratuity and a reduced pension;
“commuted pension” means the reduced pension prescribed to be paid to a pensionable officer who elects to receive, instead of pension, a gratuity and a reduced pension;
“death benefits” means the benefits contained in Part 4;
“early exit benefit” means a benefit under section 13;
“early retirement” means retirement under section 8;
“early retirement age” in respect of—
(a) an existing officer—means the age referred to in section 8(1)(a)(ii); and
(b) a new officer—means the age referred to in section 8(1)(b)(ii);
“existing officer” means a person who held a pensionable office on or
before 31 May, 2011, and includes a person whose office was non-
pensionable before the commencement of this Act, but which
became a pensionable office under this Act; (Amended by Act 9 of 2011)

“minor child” means a child who has not yet attained the age of eighteen;
“new officer” means a person who first assumed a pensionable office after
31 May, 2011; (Amended by Act 9 of 2011)
“non-pensionable office” means an office which is not a pensionable
office;
“normal retirement” means retirement under section 7;
“normal retirement age” in respect of—
(a) existing officers—means the age referred to in section 7(1)(a); and
(b) new officers— means the age referred to in section 7(1)(b);
“pension benefits” means the benefits prescribed under section 4;
“pensionable emoluments”—
(a) in respect of a police officer of the rank of Sergeant or Constable—means his annual salary and all allowances, including the estimated value of free quarters up to a maximum of
1 /6 of the total pensionable emolument, but
excluding transport and entertainment allowance; and
(b) in respect of any other pensionable officer—means annual salary and any allowance for which income tax is payable under the Income and Corporation Tax Act (Cap. 17.07);
“pensionable office” means an office prescribed by Order of the Governor to be a pensionable office;
“pensionable officer” means a person who holds a pensionable office;
“prescribed” means prescribed by regulations under this Act;
“public officer” has the same meaning as in the Montserrat Constitution Order, 2010, but does not include a person who holds office as a member of any board, panel, committee or other similar body (whether incorporated or not) established by any law; (Inserted by Act 9 of 2011)
“public service” has the same meaning as in the Montserrat Constitution Order, 2010; (Inserted by Act 9 of 2011)
“public service law” means any law relating to the matters referred to in section 24(2)(a) to (c) of the Montserrat Constitution Order, 2010;
(Inserted by Act 9 of 2011)
“retirement on medical grounds” means retirement under section 9;

“social security benefit” means any age benefit and invalidity benefit payable under the Social Security Act (Cap. 18.09); and
“Social Security Board” means the Social Security Board established under section 4 of the Social Security Act (Cap. 18.09)
Application of Act
3. This Act applies to retirement benefits to be awarded after the commencement of this Act.
PART 2
PENSION BENEFITS
Pension Benefits
4. Subject to section 22, the Governor acting on the advice of Cabinet may, by regulations, establish the pension, gratuity or other allowance that may be awarded to a pensionable officer who is eligible under section 6. (Amended by Act 9 of 2011)
Entitlement
5. (1) This Act does not confer on a pensionable officer the right to compensation for past services.
(2) The entitlement, if any, to compensation for past services, and the circumstances in which any such compensation may be reduced, suspended or withheld is determined under the public service law. (Amended by Act 9 of 2011)
Eligibility
6. A pensionable officer is eligible for pension benefits upon—
(a) normal retirement;
(b) early retirement;
(c) retirement on medical grounds;
(d) termination of employment, to the extent that the public service law provides that he is so eligible. (Amended by Act 9 of 2011)
Normal Retirement
7. (1) A pensionable officer may take normal retirement if he has ten years or more service and—
(a) is an existing officer who—
(i) was born in a year set out in Column 1 of the Schedule; and

(ii) has attained the corresponding age set out in Column 2 of the Schedule; or
(b) is a new officer who has attained the age of sixty five.
(2) For the purpose of this section, a person does not have the required years of service unless he served consecutively at least five of the required number of years.
Early Retirement
8. (1) Subject to subsection (2), a pensionable officer may take early retirement if—
(a) he is an existing officer and—
(i) he has completed the years of service set out in Column 4 of the Schedule that corresponds to the year of his birth in Column 1; or
(ii) he has completed at least ten years—but not the years required under sub-paragraph (i)—and has attained the age set out in Column 3 of the Schedule that corresponds to the year of his birth in Column 1; or
(b) he is a new officer and—
(i) he has completed thirty five years of service; or
(ii) he has completed ten or more, but less than thirty five, years of service, and he has attained the age of sixty.
(2) For the purpose of this section, a person does not have the required years of service unless he served consecutively at least five of the required number of years.
Retirement on medical grounds
9. A pensionable officer must retire on medical grounds if the Governor is satisfied on medical evidence that the officer is incapable, by reason of any infirmity of mind or body, of discharging the duties of his office and that such infirmity is likely to be permanent.
Time for payment
10. Subject to the regulations, the prescribed pension benefit is due and payable from the day after the date of retirement.
Suspension of pension
11. If a pensionable officer is granted a pension under this Part, and the officer subsequently assumes a pensionable office, the payment of his pension must be suspended while he holds the pensionable office.

Social Security Board reporting obligation
12. The Social Security Board must, as soon as possible after a claim is made for a social security benefit by a person in respect of whom the Government of Montserrat has paid a contribution, inform the Office of the Deputy Governor of the claim, the amount of social security benefit payable to the person, the date from which the benefit is to be paid and the total number of weeks contribution from the Government or other employer.
PART 3
OTHER BENEFITS
Early exit benefit for ten years or more service
13. (1) A pensionable officer with ten years or more service may retire and opt to receive one of the following early exit benefits—
(a) a lump sum payment of the prescribed amount; or
(b) a deferred benefit of the prescribed amount, calculated at the date of retirement but starting no earlier than his early retirement age.
(2) If a pensionable officer opts for the early exit benefit under—
(a) subsection (1)(a) and subsequently assumes a pensionable office—
(i) he must return the lump sum payment, with interest, in order for his prior years of service to be taken into consideration for any future pension benefits; and
(ii) his prior years of service must be excluded from the calculation of any future pension benefits unless he completes at least three years service consecutively upon his return to office; or
(b) subsection (1)(b) and subsequently assumes a pensionable office the aggregate of all previous and future years of service must be taken into consideration for future pension benefits, only if—
(i) the officer has not received any pension payment for his prior years of service; and
(ii) he completes at least three years service consecutively upon his return to office.
(3) In this section “interest” means the annual average of the discount rates declared by the Eastern Caribbean Central Bank for the year in which the repayment is made.

Suspension of early exit deferred benefit
14. If a pensionable officer retires and is granted an early exit benefit under section 13(1)(b), and the officer subsequently assumes a pensionable office, the payment of the deferred benefit must be suspended while he holds the pensionable office.
Gratuity for less than ten years service
15. A pensionable officer with less than ten years service may retire and receive a gratuity of the prescribed amount.
PART 4
DEATH BENEFITS
Gratuity where officer dies in the service or after retirement
16. (1) (a) If a pensionable officer dies while in the public service, the Governor may grant to his legal personal representative a gratuity of an amount not exceeding either his pensionable emoluments, or his commuted gratuity, if any, whichever is the greater.
(b) For the purposes of this section—
(i) “pensionable emoluments” means the emoluments which would be taken for the purpose of computing any pension or gratuity granted to the officer if he had retired at the date of his death on medical grounds;
(ii) “commuted gratuity” means the gratuity, if any, which might have been granted to the officer under the Pensions Regulations if his public service had been wholly in Montserrat and if he had retired at the date of his death on medical grounds and had elected to receive a gratuity and reduced pension. (Amended by Act 9 of 2011)
(2) If a person dies after retirement from the public service, and the sums paid or payable to him at his death on account of the pension benefit are less than the amount of the pensionable emoluments enjoyed by him at the date of his retirement, the Governor may grant to his legal personal representative a gratuity equal to the deficiency.
(3) Despite subsections (1) and (2), the Governor may in any case where the amount of the gratuity payable does not exceed the sum of $10,000, dispense with the production of probate or letters of administration and cause the gratuity to be paid to the dependant of the officer and, where there is more than one such dependant, may divide the gratuity among the dependants in such proportion as he may think fit.

Death from injury or disease in the course of employment
17. (1) If a public officer dies—
(a) as a result of an injury sustained in the actual discharge of his duty, specifically attributable to the nature of his duty which is not wholly or mainly due to, or seriously aggravated by, his own serious and culpable negligence or misconduct; or
(b) as a result of contracting a disease to which he is specifically exposed by the nature of his duty, not being a disease wholly or mainly due to, or seriously aggravated by, his own serious and culpable negligence or misconduct—
while in service under the Government of Montserrat, and the death occurs within seven years after the date of the injury or contracting the disease, the Governor may grant an award to his estate equal to twice the amount payable under section 16, in addition to any grant made under section 16.
(2) If the officer—
(a) dies after retiring from the public service, the expression “pensionable emoluments” in subsection (1) refers to the last pensionable emoluments before retirement; and
(b) is not a pensionable officer, the expression “pensionable emoluments” in subsection (1) means the emoluments enjoyed by him which would have been pensionable emoluments if he were a pensionable officer;
(3) If a public officer proceeding by a route approved by the Governor to or from Montserrat, at the commencement or termination of his service in Montserrat, or of a period of leave, dies as the result of damage to the vessel, aircraft or vehicle in which he is travelling, or of any act of violence directed against such vessel, aircraft or vehicle, and the Governor is satisfied that such damage or act is attributable to circumstances arising out of war in which Her Majesty may be engaged, the officer is considered, for the purposes of this section, to have died in the circumstances described in subsection (1)(a). However, this subsection does not apply if the officer is eligible to receive an award under subsection (4).
(4) An officer who dies as a result of an injury received while travelling by air in pursuance of official instructions, which injury is not wholly or mainly due to, or seriously aggravated by, his own serious and culpable negligence or misconduct, is considered for the purposes of this section to have died in the circumstances described in subsection (1)(a).
(5) If the Governor is satisfied that damages have been or will be recovered in respect of the death for which an additional award may be granted under subsection (1), the Governor may take those damages into account against such additional pension or pension in such manner and to such extent as he may think fit and may withhold or reduce the additional pension or pension accordingly.

(6) For the purposes of subsection (5) an officer is considered to recover damages whether they are paid in pursuance of a judgment or order of a court or by way of settlement or compromise of his claim and whether or not proceedings are instituted to enforce that claim.
PART 5
PROTECTION OF AWARDS
Pensions, etc., not to be assignable
18. A pension benefit, death benefit or other benefit under this Act granted under this Act is not assignable or transferable except for the purpose of satisfying—
(a) a debt due to the Government of Montserrat; or
(b) an order of any Court for the payment of periodical sums of money towards the maintenance of the spouse or former spouse or minor child of the officer to whom the pension benefit, death benefit or other benefit is granted, and is 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 Government.
Power of Governor in case of bankruptcy
19. (1) If a person to whom a pension benefit, death benefit or other benefit has been granted under this Act is adjudicated bankrupt or is declared insolvent by judgment of any competent Court, then a pension benefit, death benefit or other benefit must cease.
(2) If the person is adjudicated bankrupt or is declared insolvent either—
(a) after retirement in circumstances in which he is eligible for a pension benefit, death benefit or other benefit under this Act but before the pension benefit, death benefit or other benefit is granted; or
(b) before such retirement, and he has not obtained his discharge from bankruptcy or insolvency at the date of his retirement—
then, in the former case any pension benefit, death benefit or other benefit eventually granted to him ceases from the date of the adjudication or declaration as the case may be and, in the latter case, the pension benefit, death benefit or other benefit may be granted, but must cease and not become payable.
(3) If a pension benefit, death benefit or other benefit ceases under this section, the Governor may direct all or any part of the pension benefit to which the person would have been entitled had he not become bankrupt or insolvent, to be paid to, or applied for the maintenance or benefit of, all

or any, to the exclusion of the other or others, in the proportion that the Governor considers just, of the following—
(a) the person;
(b) the person’s spouse;
(c) the person’s child;
(d) others related to the person by blood or marriage and dependent on the person.
(4) Moneys applied for the discharge of the debts of the person whose pension benefit has so ceased must, for the purposes of this section, be regarded as applied for his benefit.
(5) When a person whose benefit has ceased obtains his discharge from bankruptcy or insolvency, the Governor may direct that it be restored from the date of the discharge or a later date, and the pension benefit is restored accordingly.
Power of Governor in case of conviction
20. (1) If a person to whom a pension benefit, death benefit or other benefit is granted under this Act is sentenced to a term of imprisonment by a competent Court for an offence, the pension benefit, death benefit or other benefit must, if the Governor, so directs, cease from the date that the Governor determines.
(2) If the person is sentenced after retirement in circumstances in which he is eligible for a pension benefit, death benefit or other benefit under this Act, but before it is granted, then subsection (1) applies as respects any pension benefit, death benefit or other benefit which may be granted to him.
(3) If a pension benefit, death benefit or other benefit ceases by reason of this section the Governor may direct all or any part of the pension benefit to which the person would have been entitled had he not been sentenced to be paid in the same manner as set out in section 19.
(4) If the person after conviction at any time receives a free pardon, the pension benefit, death benefit or other benefit must be restored with retrospective effect; but in determining whether arrears of pensionable benefit are payable and in computing the amount, account must be taken of the moneys paid under subsection (3).

PART 6
TRANSITIONAL PROVISIONS
Protection of persons with twenty years of service
21. A pensionable officer with twenty or more years continuous service (within the meaning of the Pensions Act 1947, (Act 12 of 1947) repealed by section 23) at the date of commencement of this Act, at any time after the commencement of this Act may elect to receive pension benefits under Part 2 as if they were an existing officer born in 1961. (Amended by Act 9 of 2011)
PART 7
MISCELLANEOUS
Regulations
22. (1) The Governor acting on the advice of Cabinet may make regulations, published in the Gazette, for carrying out the purposes and provisions of this Act.
(2) Subject to subsection (3), regulations made under subsection (1) may be amended, added to or revoked by regulations made by the Governor acting on the advice of Cabinet.
(3) If the Governor acting on the advice of Cabinet is satisfied that it is equitable that any regulation has retrospective effect in order to confer a benefit upon, or remove a disability attaching to, a public officer the regulation may be given retrospective effect for that purpose.
(4) However, the regulation does not have retrospective effect unless it receives the prior approval of the Legislative Assembly signified by resolution.
(Amended by Act 9 of 2011) ____________

SCHEDULE
(Sections 7 and 8)

RETIREMENT AGE AND YEARS OF SERVICE REQUIREMENTS
FOR EXISTING OFFICERS

Column 1 Column 2 Column 3 Column 4
Birth year Normal*
Retirement
Age
Early Retirement
Age* Years of*
Service
Before 1961 55 N/A N/A
1961 60 55 30
1962 60 55 31
1963 60 55 31
1964 61 56 32
1965 61 56 32
1966 61 56 33
1967 62 57 33
1968 62 57 34
1969 62 57 34
1970 63 58 35
1971 63 58 35
1972 63 58 35
1973 64 59 35
1974 64 59 35
1975 64 59 35
After 1975 65 60 35
*If the pensionable officer is a police officer below the rank of Inspector, the values in these columns must be reduced by five.
____________

PENSIONS REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY
REGULATION
1. Short title
2. Interpretation
PART 2
TYPES OF PENSION BENEFITS
3. Options
4. Notice required for commuted gratuity
5. Information required for survivor options
6. Option irrevocable
PART 3
RECKONING SERVICE
7. Leave
8. Suspension for misconduct is not service
9. Acting service
10. Service in Her Majesty’s Forces
PART 4
CALCULATING PENSION
11. Annual pension on normal or early retirement
12. Maximum annual pension
13. Annual pension on retirement on medical grounds
14. Annual pension on abolition of office
PART 5
CALCULATING COMMUTED BENEFITS
15. Commuted pension
16. Commuted gratuity

PART 6
CALCULATING SURVIVOR OPTION
17. Spouse option
18. Ten year guarantee option
PART 7
CALCULATING OTHER BENEFITS
19. Early exit benefit for more than ten years service
20. Gratuity for pensionable officer with less than ten years
21. Notice required
SCHEDULE


PENSIONS REGULATIONS – SECTION 22
(S.R.O. 58/ 2011)
Commencement
[23 May 2011]
PART 1
PRELIMINARY
Short title
1. These Regulations may be cited as the Pensions Regulations.
Interpretation
2. In these Regulations—
“A.P.E.” means average pensionable emoluments;
“pensionable service” means service which may be taken into account in computing
pension under these Regulations.
PART 2
TYPES OF PENSION BENEFITS
Options
3. (1) A pensionable officer who is eligible for pension benefits under sections
6(a), 6(b) and 6(c) of the Act may opt to receive any one of the following—
(a) a pension terminating upon his death calculated in accordance with Part 4;
(b) a commuted pension terminating upon his death and a commuted gratuity both calculated in accordance with Part 5;
(c) a pension calculated in accordance with Part 6 terminating upon his death or the death of his spouse, whichever is the later;
(d) a commuted pension calculated in accordance with Part 6 terminating
upon his death or the death of his spouse, whichever is the later, and a
commuted gratuity;
(e) a pension calculated in accordance with Part 6 terminating upon his death or the expiration of ten years after the date of his retirement,
whichever is the later; or
(f) a commuted pension calculated in accordance with Part 6 terminating upon his death or the expiration of ten years after the date of his
retirement, whichever is the later, and a commuted gratuity.

(2) Subject to regulation 14, a pensionable officer who is eligible for pension
under section 6(d) of the Act may be granted pension, gratuity or other allowance as provided under the public service law.
Notice required for commuted gratuity
4. A commuted gratuity is payable no earlier than six months from the date that
the pensionable officer gives to the Financial Secretary notice of his intention to opt
for the pension benefit under regulation 3(1)(b), 3(1)(d) or 3(1)(f) unless the notice requirement is waived by the Financial Secretary.
Information required for survivor options
5. Before the officer exercises an option under—
(a) regulation 3(1)(c) or 3(1)(d), he must be informed of the value of the pension under regulation 3(1)(c) or 3(1)(d) calculated under regulation 17 and the value of the pension under regulation 3(a) or (b), respectively; and
(b) regulation 3(1)(e) or 3(1)(f), he must be informed of the value of the pension under regulation 3(1)(e) or 3(1)(f) calculated under regulation 18 and the value of the pension under regulation 3(1)(a) or 3(1)(b), respectively.
Option irrevocable
6. An officer may change his chosen pension benefit option at any time before
the first payment of a pension benefit is made.
PART 3
RECKONING SERVICE
Leave
7. (1) Time during which an officer is on paid leave must be taken into account
in reckoning length of service.
(2) Time during which an officer is on unpaid leave must not be taken into
account in reckoning length of service, except—
(a) in the case of unpaid study leave; or
(b) where the Governor, by Order, provides that the unpaid leave should be taken into account in reckoning length of service.
Suspension for misconduct is not service
8. Time during which an officer is on suspension as a result of a charge must not be taken into account in reckoning length of service unless the officer is found not
guilty of the charge.

Acting service
9. (1) Acting service in an office must not be taken into account in reckoning
length of service, except in the circumstances outlined in subregulation (2).
(2) A period during which an officer performs only acting service in an office
may be taken into account in reckoning length of service if the period of the acting
service is immediately preceded or followed by service in a substantive capacity in a
pensionable office.
(3) A period during which an officer performs in a non-pensionable office
may be taken into account in reckoning length of service if the period of the non-
pensionable service is immediately followed by service in a substantive capacity in a
pensionable office.
Service in Her Majesty’s Forces
10. When an officer, during some period of his service, has been on the active list
of the Royal Navy, the Army or the Royal Air Force, and pension contributions have
been paid in respect of that period from the funds of Montserrat and have not been
refunded, such period must not be taken into account as pensionable service.
PART 4
CALCULATING PENSION
Annual pension on normal or early retirement
11. (1) Subject to regulation 12, the annual pension payable on normal retirement
is the sum of the following—
(a) 1 /600 of the pensionable officer’s average pensionable emolument for
each month of service completed before 1 June 2011; and
(b) 1 /1200 of the pensionable officer’s average pensionable emolument for
each month of pensionable service completed from 1 June 2011.
(2) Subject to subregulation (4) and regulation 12, the annual pension payable
on early retirement is the amount calculated in subregulation (1) reduced by 5% for
each year that the age at early retirement is less than his normal retirement age.
(3) The percentage at which the annual pension must be reduced in
subregulation (2) must be prorated for any fraction of a year.
(4) The amount calculated in subregulation (2) is not to be reduced if the years
of service equals or exceeds the minimum required for early retirement.

Maximum annual pension
12. (1) The annual pension must not exceed the following—





.
(2) The calculation of the maximum pension under subregulation (1) must be
done at the time of the award of pension and, if social security benefit is awarded at a
later date, the calculation must be done again at that later date.
Annual pension on retirement on medical grounds
13. (1) Subject to subregulation (2), the average pensionable emoluments on
retirement on medical grounds is the same as the average pensionable emoluments for
normal or early retirement under regulation 11, subject to regulation 12.
(2) A pensionable officer who has been in service for more than ten but less
than twenty years, and who retires from the service on medical grounds may, on
retirement, be granted a pension as if his pensionable service had been twenty years
and the extra years completed after 31 May 2011.
Annual pension on abolition of office
14. (1) If a pensionable officer’s employment is terminated in the public interest,
in consequence of the abolition of his office he may be granted—
(a) if he has been in the public service for less than ten years, instead of a gratuity under regulation 10, annual pension in the amount stated
under regulation 11 subject to regulation 12; and
(b) an additional sum at the annual rate of 1 /60 of his average pensionable
emoluments for each complete period of three years pensionable
service.
(2) The additional sum—
(i) must not exceed 10
/60 of his average pensionable emoluments ;
and
(ii) together with the remainder of the officer’s pension must not
exceed the pension for which he would have been eligible if he
had continued to hold the office held by him at the date of his
retirement, and retired on reaching normal retirement age, having received all increments for which he would have been eligible by
that date.
[85% x A.P.E.] -

social
security
benefit
x
weeks of social
security
contribution from
public service

total weeks of
social security
contribution

PART 5
CALCULATING COMMUTED BENEFITS
Commuted pension
15. (1) Subject to subregulation (2), commuted pension is 75% of the annual
pension calculated under regulation 11.
(2) The commuted pension must not exceed the following:




(3) In this regulation, “net pension” means 85% x A.P.E less 25% of the
annual pension calculated under regulation 11.
(4) The calculation of the maximum pension under subregulation (2) must be
done at the time of the award of pension and, if social security benefit is awarded at a
later date, the calculation must be done again at that later date.
Commuted gratuity
16. (1) Commuted gratuity under regulation 3(1)(b) is the annual pension under regulation 11, subject to regulation 12 multiplied by 25% of the factor set out in the
Schedule that corresponds to the age of the pensionable officer when the commuted
gratuity is paid.
(2) The Schedule may be amended by Order made by the Governor acting on
the advice of Cabinet.
PART 6
CALCULATING SURVIVOR OPTION
Spouse option
17. The pension with survivor option under regulations 3(1)(c) and 3(1)(d) must be
calculated so that the combined value of the pension and the spouse’s benefit is the
actuarial equivalent of the pension of the pensionable officer under regulation 11,
subject to regulation 12 and Part 5 respectively, taking into consideration the age of
the spouse at the officer’s retirement, the prevailing interest rates and the life
expectancy index.
Ten year guarantee option
18. The pension benefit under regulations 3(1)(e) and 3(1)(f) must be calculated so that the combined value of the pension benefit and the guarantee for ten years is the
actuarial equivalent of the pension of the pensionable officer under regulation 11,
[Net pension] -

social
security
benefit
x
weeks of social
security
contribution from
public service

total weeks of
social security
contribution

subject to regulation 12 and Part 5 respectively, taking into consideration the age of
and life expectancy of the officer.
PART 7
CALCULATING OTHER BENEFITS
Early exit benefit for more than ten years service
19. (1) The lump sum that may be granted to a pensionable officer with ten years
or more service is to be calculated as follows: 4% of the average pensionable
emoluments multiplied by the number of years service, prorated for any fraction of a
year served.
(2) The rate of the deferred benefit is the amount under regulation 11 subject
to regulation 12.
Gratuity for pensionable officer with less than ten years
20. The gratuity that may be granted to a pensionable officer with less than ten
years service is five times the annual amount of the pension under regulation 11,
subject to regulation 12.
Notice required
21. (1) A lump sum payment under regulation 19(1) is payable no earlier than six
months from the date that the pensionable officer gives notice to the Financial
Secretary of his intention to opt for the early exit benefit under section 13(1) of the
Act unless the notice requirement is waived by the Financial Secretary.
(2) A gratuity under regulation 20 is payable no earlier than six months from
the date that the pensionable officer gives notice to the Financial Secretary of his
intention to retire under section 15 of the Act unless the notice requirement is waived
by the Financial Secretary.
____________


SCHEDULE
(Regulation 16)
AGE FACTOR FOR COMMUTED GRATUITY

Age at Retirement Factor
45 13.9518
46 13.8411
47 13.7245
48 13.6019
49 13.4731
50 13.3379
51 13.1961
52 13.0476
53 12.8923
54 12.7299
55 12.5601
56 12.3828 57 12.1982
58 12.0068 59 11.8092
60 11.6053
61 11.3955 62 11.1802
63 10.9600 64 10.7355
65 10.5074
66 10.2757 67 10.0404
____________


PENSIONABLE OFFICES ORDER – SECTION 2
(S.R.O.s 23/1990 and 30/1993)
Commencement
[12 September 1990]
Short title
1. This Order may be cited as the Pensionable Offices Order.
Pensionable Offices
2. The offices specified in the Schedule hereto are hereby declared to be
pensionable offices within the meaning and for all purposes of the Pensions Act.
Commencement
3. Each of the offices specified in the Schedule hereto shall be deemed to have
been a pensionable office from the respective date when a public officer of the
Government of Montserrat was first appointed to an office under that title on
pensionable terms.
___________
SCHEDULE
GENERAL ADMINISTRATION
Permanent Secretary Chief Training Officer
Principal Assistant Secretary Training Officer
Senior Assistant Secretary Superintendent of Prison
Assistant Secretary Chief Prison Officer
Executive Officer Principal Officer II, I
Senior Clerical Officer Prison Officer
Clerical Officer Wardress/Clerk
Office Attendant
POLICE
AUDIT Commissioner
Auditor General Deputy Commissioner
Deputy Auditor General Assistant Superintendent
Audit Manager Inspector
(Audit Assistant) Commander – Fire

LEGISLATURE LEGAL
Clerk of Councils Attorney General
Principal/Senior Crown Counsel
GOVERNOR’S OFFICE Crown Counsel
Cook Legal Draftsman
Steward



JUDICIAL INLAND REVENUE
Senior Magistrate Inspector of Taxes III, II, I
Magistrate/Registrar Valuation Officer
Bailiff Bailiff
Comptroller
TREASURY Deputy Comptroller
Accountant General
Deputy Accountant General AGRICULTURE, TRADE
LANDS AND HOUSING
CHIEF MINISTER Executive Officer –
Personal Assistant Price Control
Information Officer Senior Clerical Officer –
Public Relations Officer (Price Control)
Station Manager Director
News Editor/Producer Agricultural Engineer
News Sub-Editor Senior Veterinary Officer
Senior Announcer Veterinary Officer
Announcer Veterinary Assistant
Senior Technician Co-operatives Officer
Technical Assistant II & I Principal Agricultural Officer
Production Assistant Agricultural Officer – Fisheries
Technician Agricultural Assistant
Director of Tourism Assistant Agricultural Officer
Tourism Officer Food Technologist
Tourism Assistant III, II, I Assistant Food Technologist
Laboratory Technician
FINANCIAL & Livestock Officer
ECONOMIC Forestry Officer
DEVELOPMENT Forest Ranger
Financial Secretary Foreman – Tractors
Director of Financial Services Foreman – Nurseries
Operation Officer (Computer) Chief Surveyor/Lands Officer
Surveyor/Valuation Officer
DEVELOPMENT UNIT Land Registration Officer
Director of Development Building Inspector
Senior Economist Survey Technician
Economist Trainee Surveyor
Plan Printer/Attendant
STATISTICS
Senior Statistician CUSTOMS & EXCISE
Statistician Comptroller
Deputy Comptroller
POST OFFICE Senior Customs Officer
Postmaster Customs Officer
Deputy Postmaster Junior Customs Officer
Postman Customs Guard



COMMUNICATION & EDUCATION WORKS Director of Education Storekeeper Education Officer Assistant Storekeeper Curriculum Co-ordinator Project Engineer School Psychologist Civil Engineer Co-ordinator Early Superintendent of Works Childhood Education Technical Assistant Health Education Specialist Senior Foreman Maintenance Supervisor Foreman Chauffeur Senior Electrical Inspector Head Teacher Electrical Inspector Trained Teacher Senior Security Officer Untrained Teacher Security Officer Principal Superintendent of Plant & Vice Principal Workshop Head of Nursery Schools Specialist Trademan Graduate Teacher Manager – Airport Technical Teacher IV, III, II, I Senior Airport Officer Senior Non-Graduate Teacher Airport Officer Technician Senior Fireman Laboratory Assistant Fireman Labour Commissioner Principal Librarian
Labour Officer Librarian
Sports Officer Senior Library Assistant Vehicle Tester Library Assistant Director/Co-ordinator Culture HEALTH & COMMUNITY SERVICES Health Educator Director of Health Administrative Sister Services/Surgeon Assistant Physiotherapist Medical Officer Physiotherapist Nutrition Officer Senior Environmental Dental Officer Health Officer Dental Nurse Environmental Health Officer Dental Nurse Assistant Cemetery Keeper Principal Nursing Officer Senior Radiographer Senior Nursing Officer Senior Pharmacist Sister Tutor Pharmacist Clinical Instructor Senior Laboratory Technician Nurse Anaesthetist Laboratory Technician Community Psychiatric Nurse Supervisor of Drivers/Orderlies Ward Sister Driver/Orderly Staff Nurse Maintenance Mechanic Nursing Assistant Supervisor/Maids Senior Nursing Assistant Supervisor of Food Public Health Nurse Assistant Supervisor of Food District Nurse Principal Community Principal Environmental Development Officer Health Officer Senior Community Health Services Manager Development Officer Community Development Officer
___________