Legislators' Conditions of Service Act
MONTSERRAT

CHAPTER 1.05
LEGISLATORS’ CONDITIONS OF SERVICE ACT
Revised Edition showing the law as at 1 January 2008
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws— Page LEGISLATORS’ CONDITIONS OF SERVICE ACT 3 Act 2 of 1984 .. in force 1 June 1984 Amended by Acts: 12 of 1992 .. in force 1 October 1991 17 of 1997 .. in force 11 January 1998
LEGISLATORS’ CONDITIONS OF SERVICE REGULATIONS – Section 14 11 S.R.O. 42/2007 .. in force 1 June 2006


MONTSERRAT

CHAPTER 1.05
LEGISLATORS’ CONDITIONS OF SERVICE ACT
Revised Edition showing the law as at 1 January 2008
This is a revised edition of the law, prepared by the Law Revision Commissioner under the authority of the Revised Edition of the Laws Act.
This edition contains a consolidation of the following laws— Page LEGISLATORS’ CONDITIONS OF SERVICE ACT 3 Act 2 of 1984 .. in force 1 June 1984 Amended by Acts: 12 of 1992 .. in force 1 October 1991 17 of 1997 .. in force 11 January 1998
LEGISLATORS’ CONDITIONS OF SERVICE REGULATIONS – Section 14 11 S.R.O. 42/2007 .. in force 1 June 2006
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CHAPTER 1.05
LEGISLATORS’ CONDITIONS OF SERVICE ACT
ARRANGEMENT OF SECTIONS SECTION 1. Short title 2. Interpretation 3. Right of Chief Minister to pension 4. Rate of Chief Minister’s pension 5. Circumstances in which other Legislators will receive pension 6. Rate of pension 7. Cessation of pension if person in receipt thereof again becomes a
Legislator 8. Gratuity of Legislators not eligible for pension 9. Commuted gratuity 10. Gratuity payable on death 11. Pension not assignable 12. Awards to be paid out of revenue 13. Disqualification from receiving gratuity or pension 14. Power to make regulations
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CHAPTER 1.05
LEGISLATORS’ CONDITIONS OF SERVICE ACT (Acts 2 of 1984, 12 of 1992 and 17 of 1997)
AN ACT TO REGULATE THE TERMS OF SERVICE OF AND PROVIDE PENSIONS FOR LEGISLATORS.
Commencement
[1 June 1984]
Short title 1. This Act may be cited as the Legislators’ Conditions of Service Act.
Interpretation 2. In this Act—
“basic allowance” means the taxable emoluments provided in the Appropriation Act and paid to a Legislator by virtue of his being a member of the Legislative Council, but exclusive of any other allowance whatsoever;
“Chief Minister” means the person appointed under section 11(1) of the Constitution of Montserrat;
“Constitution of Montserrat” means the provisions of Schedule 2 of the Montserrat Constitution Order 1989;
“Legislator” means— (a) a person who is or was an elected or nominated member of
the Legislative Council; or (b) the Speaker of the Legislative Council;
“Speaker” means the person elected as Speaker of the Legislative Council in accordance with section 36 of the Constitution of Montserrat.
(Amended by Act 17 of 1997)
Right of Chief Minister to pension 3. (1) Every person who, having held the office of Chief Minister and
having served as a Legislator for the periods amounting in aggregate to not less than six years, ceases at any time thereafter to be Chief Minister, shall be paid a pension under this Act and shall continue to be paid during the life-time of that person.
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(2) The Chief Minister’s pension shall, if the person to whom it is payable becomes entitled to a basic allowance as a Legislator or as Chief Minister, cease to be payable during any period in respect of which that person is in receipt of a basic allowance as a Legislator or as Chief Minister:
Provided that if the amount of such basic allowance be less that the amount of pension, the higher amount shall be payable.
(3) The Chief Minister’s pension shall be payable only under the circumstances set out in section 5.
Rate of Chief Minister’s pension 4. (1) The Chief Minister’s pension shall be a monthly allowance equal
to two-thirds of the highest rate of basic allowance paid to such person at any time as Chief Minister:
Provided that such pension shall not be less than $600 monthly and provided further that where a commuted gratuity has been paid in accordance with the provisions of section 9 the rate of pension payable shall be 75 percent of the rate specified in this section.
(2) The pension payable to the Chief Minister under this Act shall be paid in arrears in equal monthly instalments with effect from the date on which that person becomes entitled thereto and, subject to the provisions of this Act, shall continue to be paid during the lifetime of the Chief Minister.
(3) No computation of the Chief Minister’s pension under this Act shall be made after a general election until 30 days (or such longer period not exceeding three months as may be prescribed) have elapsed after the general election.
(Amended by Act 17 of 1997)
Circumstances in which other Legislators will receive pension 5. (1) Subject to the provisions of this Act, a pension shall be paid to
any person who— (a) has served as a Legislator for periods amounting in the
aggregate to not less than six years; and (b) has ceased to be a Legislator; and (c) either—
(i) has attained the age of 50 years; or (ii) not having attained the age of 50 years, has produced
medical evidence to the satisfaction of the Medical Board appointed by His Excellency, The Governor that he is incapable by reason of infirmity of mind or body of discharging the duties of a Legislator or of undertaking any other gainful employment and that such infirmity is likely to be permanent.
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(2) In determining the length of service of any person as a Legislator, no account shall be taken of any legislative service prior to the 1st day of January 1960.
(3) Where a person ceases to be a Legislator but is not eligible for a pension because of the provision of subparagraph (i) of paragraph (c) of subsection (1), the pension for which he would have been eligible at the date when he ceased to be a Legislator shall be paid to him with effect from the date on which he attains the age of 50 years, notwithstanding the provisions in subsection (1), if at that date he is not otherwise disqualified for the payment of a pension under this Act.
Rate of pension 6. (1) The pension payable to any person other than the Chief Minister
under this Act shall be a monthly allowance equal to— (a) fifty per centum of the highest rate of basic allowance paid to
a person having six years’ service but less than twenty years’ service in aggregate as a Legislator; or
(b) sixty per centum of the highest basic allowance paid to a person having twenty or more years’ service in aggregate as a Legislator:
Provided that no pension shall be less than $360 monthly and provided further that where a commuted gratuity has been paid in accordance with the provisions of section 9 the rate of pension payable shall be 75 percent of the rate specified in this section. (Amended by Act 17 of 1997)
(2) The pension payable to any person under this Act shall be paid in arrears in equal monthly instalments with effect from the date on which that person becomes entitled thereto and, subject to the provisions of this Act shall continue to be paid during the lifetime of that person.
(3) No computation of a pension under this Act shall be made after a general election until 30 days (or such longer period not exceeding three months as may be prescribed) have elapsed after the general election.
Cessation of pension if person in receipt thereof again becomes a Legislator
7. (1) A pension payable under this Act shall, if the person in receipt thereof again becomes a Legislator, cease to be payable during the period in respect of which that person is in receipt of emoluments as a Legislator:
Provided that if the amount of such basic allowance be less than the amount of pension, the higher amount shall be payable.
(2) At the expiration of the period referred to in subsection (1) during which a person has further service as a Legislator, the rate of pension shall be recalculated in accordance with the provisions of section 6.
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(3) A pension recalculated in accordance with subsection (2) shall be paid at the recalculated rate with effect from the date of cessation of the further period of service as a legislation which gave rise to the recalculation.
Gratuity of Legislators not eligible for pension 8. (1) Notwithstanding anything contained in this Act any person who
has served as a Legislator for less than six years in aggregate and has ceased to be a Legislator shall be entitled to a gratuity equal in amount to twenty-five per centum of the total basic allowance received during the period so served. (Amended by Act 17 of 1997)
(2) A gratuity granted in accordance with subsection (1) shall be repaid to the Government of Montserrat in a manner to be prescribed should any person become eligible for a pension under this Act. (Amended by Act 12 of 1992)
Commuted gratuity 9. (1) This section applies to a person who is a Legislator at the time
this section comes into operation or who thereafter becomes a Legislator. (2) A person who has served as a Legislator for periods amounting
in the aggregate to not less than six years and ceases to be a Legislator is entitled to receive a commuted gratuity, notwithstanding that he may by reason of his age not be eligible to receive pension at the time he ceases to be a Legislator.
(3) The rate of commuted gratuity shall be a sum equivalent to twenty five per centum of the amount payable to the Legislator by way of pension over a period of ten years following the day he ceases to be a Legislator.
(4) No computation of commuted gratuity shall be made until three months have elapsed from the time the person entitled to commuted gratuity ceases to be a Legislator.
(5) Where a Legislator has received commuted gratuity in respect of a period of service and thereafter again becomes a Legislator the commuted gratuity payable shall be re-calculated based on the total aggregate service as a Legislator and the Legislator shall be entitled to the difference between the commuted gratuity so calculated and the amount earlier received by way of commuted gratuity.
(Inserted by Act 17 of 1997)
Gratuity payable on death 10. Where a Legislator dies in office there shall be paid to his estate a
gratuity in amount equal to either— (a) the gratuity payable under section 8 or section 9 as the case
may be; or
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(b) one year’s basic allowance assessed at the highest level of basic allowance paid during the period of his service;
whichever is higher. (Substituted by Act 17 of 1997)
Pension not assignable 11. A pension payable under this Act shall not be assignable except for
the purpose of satisfying— (a) a debt to the Crown or 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 wife, former wife or any minor child, legitimate or illegitimate, of the person to whom the pension is payable;
and shall not be liable to be attached, sequestered or levied upon, for or in respect of any debt or claim, except a debt due to the Crown or to the Government of Montserrat or any sum recoverable pursuant to any such order of a court as aforesaid.
Awards to be paid out of revenue 12. (1) All awards payable under this Act shall be charged on and paid
out of the Revenue of Montserrat. (2) Where a Legislator is entitled to a pension under section 5 and
thereafter is elected or nominated to be a Legislator he shall be entitled to receive that pension or the remuneration payable to him as a Legislator, whichever is higher.
(Substituted by Act 17 of 1997)
Disqualification from receiving gratuity or pension 13. Notwithstanding any of the other provisions of this Act a Legislator
or a member of Legislative Council shall be disqualified from continuing to receive or receiving any pension or gratuity under this Act where such person has—
(a) ceased, to be qualified to be elected as a member of the Legislative Council under the provisions of section 28(1) of the Constitution of Montserrat; or
(b) been, at any time, convicted by a Court of competent jurisdiction in Montserrat of any offence in connection with his public duties committed at such time as he served as a Legislator or a member of Legislative Council.
(Amended by Act 17 of 1997)
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Power to make regulations 14. The Governor in Council may make Regulations—
(a) prescribing the terms and conditions of service, including the level of emoluments, of the Speaker, the Chief Minister, Ministers of the Government of Montserrat and all other members of the Legislative Council;
(b) prescribing in the case of payments of pensions the days on which such payments shall be made;
(c) prescribing, where a recipient of any award under this Act is incapable of managing his affairs, that the award may be paid to some other person on his behalf;
(d) prescribing anything which may be required by this Act to be prescribed, including any forms he may consider necessary for the administration of this Act;
(e) prescribing the manner in which, and the persons by whom, accounts and awards under this Act shall be kept and recorded;
(f) prescribing any increases in the rate of pension payable; and (g) for any other purposes deemed necessary to give effect to this
Act. ___________
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LEGISLATORS’ CONDITIONS OF SERVICE REGULATIONS
ARRANGEMENT OF REGULATIONS

REGULATION 1. Short title 2. Emoluments of Legislators holding Ministerial Office 3. Emoluments of Legislators not holding Ministerial Office 4. Provision for payment of emoluments SCHEDULE 1: Legislators Holding Ministerial Office SCHEDULE 2: Legislators Not Holding Ministerial Office
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LEGISLATORS’ CONDITIONS OF SERVICE REGULATIONS – SECTION 14
(S.R.O. 42/2007)

Commencement
[1 June 2006]
Short title
1. These Regulations may be cited as the Legislators’ Conditions of Service Regulations.
Emoluments of Legislators holding Ministerial Office
2. There shall be paid to a Legislator being the holder of any Ministerial Office specified in First Schedule to these Regulations emoluments of the amounts stated in relation to that office in the second column of that Schedule.
Emoluments of Legislators not holding Ministerial Office
3. There shall be paid to a Legislator not holding any Ministerial Office emoluments of the amounts stated in relation to that Legislator in the second column of the Second Schedule to these Regulations.
Provision for payment of emoluments
4. The emoluments payable under these Regulations shall be paid out of monies provided by the Legislative Council.
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SCHEDULE 1
LEGISLATORS HOLDING MINISTERIAL OFFICE
Chief Minister Salary .........................................
Housing Allowance ................... Entertainment ............................ Duty ........................................... Travelling .................................. Telephone ..................................
$103,404 pa $36,000 pa $10,800 pa $60,000 pa $19,200 pa $3,600 pa
Other Ministers Salary ......................................... Housing ..................................... Entertainment ............................ Duty ........................................... Travelling .................................. Telephone ..................................
$96,516 pa $36,000 pa $10,800 pa $42,000 pa $16,800 pa $1,800 pa
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SCHEDULE 2
LEGISLATORS NOT HOLDING MINISTERIAL OFFICE
Legislators Salary .........................................
Duty ........................................... Travelling .................................. Telephone ..................................
$60,480 pa $12,000 pa $9,600 pa $1,800 pa
Speaker Salary ......................................... Entertainment ............................ Duty ........................................... Travelling .................................. Telephone ..................................
$65,232 pa $7,200 pa $12,000 pa $9,600 pa $1,800 pa
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