Judges’ Remuneration and Pensions Act


Published: 1988-05-01

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Judges’ Remuneration and Pensions Act
JUDGES’ REMUNERATION AND PENSIONS [CH.45 – 1





LRO 1/2008 STATUTE LAW OF THE BAHAMAS

JUDGES’ REMUNERATION AND PENSIONS


CHAPTER 45

JUDGES’ REMUNERATION AND PENSIONS

LIST OF AUTHORISED PAGES

1 – 6 LRO 1/2008
7 – 8 Original
9 – 10 LRO 1/2008



ARRANGEMENT OF SECTIONS



PART I
PRELIMINARY

SECTION

1. Short title.
2. Interpretation.


PART II

REMUNERATION OF JUDGES

3. Salaries and allowances of Judges.
4. Appointment of Commission.


PART III

PENSIONS OF JUDGES

5. Pensions and gratuities charged on Consolidated Fund.
6. Entitlement to pension on retirement.
7. Removal from office in certain circumstances deemed retirement.
8. Rate of pension.
9. Determination of length of pensionable service.
10. Gratuity and reduced pension.
11. Pensions, etc., not assignable.
12. Gratuity on death of Judge.
13. Widow of Judge.

CH.45 – 2] JUDGES’ REMUNERATION AND PENSIONS





STATUTE LAW OF THE BAHAMAS LRO 1/2008

PART IV
MISCELLANEOUS


14. Application of Ch. 43.
15. Regulations.
16. Governor-General’s powers.
17. Extension of Act to the holders of the offices of Justice of Appeal.
18. Application of Act.
19. Retention of pension benefits during leave of absence.
SCHEDULE — Salaries of Judges

JUDGES’ REMUNERATION AND PENSIONS [CH.45 – 3



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LRO 1/2002 STATUTE LAW OF THE BAHAMAS



CHAPTER 45

JUDGES’ REMUNERATION AND PENSIONS
An Act to make provision for the salaries,

pensions and other conditions of service of Justices of
the Supreme Court.

[Assent 23rd March, 1988]
[Commencement 1st May, 1988]

PART I
PRELIMINARY

1. This Act may be cited as the Judges’
Remuneration and Pensions Act.

2. In this Act —
“Judge” means the Chief Justice or any Justice of the

Supreme Court;
“judicial office” means the office of a Judge;
“other public service” means public service

recognised as pensionable service under the
Pensions Act, other than service in a judicial
office;

“pensionable emoluments” means the annual basic
salary paid to a Judge in respect of his
substantive office;

“pensionable service” means service which may be
taken into account in computing pension under
this Act;

“public service” means service of the Crown in a
civil capacity in respect of the Government of
The Bahamas.

4 of 1988
1 of 1995
S.I. 99/1995
S.I. 92 of 1998
35 of 1998
30 of 2000
S.I. 103/2001
S.I. 19/2007

Short title.

Interpretation.

Ch. 43.

CH.45 – 4] JUDGES’ REMUNERATION AND PENSIONS





STATUTE LAW OF THE BAHAMAS LRO 1/2002

PART II
REMUNERATION OF JUDGES

3. (1) There shall be paid to the respective holders
of the judicial offices set out in the Schedule, the respective
salaries set out therein.

(2) The Governor-General may by Order —
(a) amend the Schedule by increasing any of the

salaries specified therein;
(b) prescribe any allowances payable to holders of

judicial offices.
(3) An Order made under this section may contain

such supplementary provisions as the Governor-General
may consider necessary or expedient for the purposes of
the Order.

4. (1) The Governor-General shall, within six months
after the coming into force of this section and thereafter
within six months after the 1st day of April in every third year
or at such earlier times as may be expedient appoint a
Commission to —

(a) enquire into the adequacy of the salaries,
allowances and pensions payable under this Act
and the adequacy of Judges’ benefits generally;

(b) make such recommendations as the Commission
considers appropriate in relation to the matters
specified in paragraph (a).

(2) A Commission referred to in subsection (1) shall
be appointed by instrument in writing and shall —

(a) consist of not less than three or more than five
members, one of whom has held judicial office:

(b) hold office for such period as may be specified
in the instrument of appointment;

(c) within three months of the date of appointment
submit to the Prime Minister a report containing
the recommendations referred to in subsection
(1)(b).

(3) The Prime Minister shall lay before the House of
Assembly for its approval the report referred to in
subsection (2)(c) for giving effect to such report.

Salaries and
allowances of
Judges.
Schedule.





Appointment of
Commission.
30 of 2000, s. 2.

JUDGES’ REMUNERATION AND PENSIONS [CH.45 – 5





LRO 1/2008 STATUTE LAW OF THE BAHAMAS

(4) Where the Governor-General is satisfied after
consultation with the Commission that it is equitable that
any recommendation contained in a report laid under
subsection (3) should have retrospective effect in order to
confer a benefit upon or remove a disability attaching to
any person such recommendation may be given effect for
that purpose.

(5) No recommendation under subsection (4) shall
have retrospective effect unless it has received the prior
approval of the House of Assembly signified by resolution.

PART III
PENSIONS OF JUDGES

5. There shall be charged on and paid out of the
Consolidated Fund all such sums of money as may from
time to time be granted by way of pensions or gratuities in
accordance with this Act to persons on their retirement
from a judicial office.

6. (1) Subject to Articles 122 and 123 of the
Constitution and to subsection (2), a pension or gratuity
shall be paid in accordance with this Act to a person on his
retirement from a judicial office —

(a) in the case of a person holding judicial office at
the coming into operation of this paragraph, on
or after attaining the age of sixty years having
held judicial office for not less than five years;
or

(b) in the case of any other person, on or after
attaining the age of sixty-five years having held
judicial office for not less than five years;1 or

(c) on medical evidence to the satisfaction of the
Governor-General that he is unable by reason of
any infirmity of body or mind to discharge the
functions of his office and that such infirmity is
likely to be permanent.

(2) Any person who at the date of commencement
of this Act or thereafter is the holder of a judicial office
and whose service in that office was immediately preceded
by other public service shall be entitled to retire from a
judicial office in such circumstances as would have

1 NOTE: Act 11 of 2007 (coming into operation on 2nd April 2007 by S.I. 28/2007)
provided that notwithstanding anything to the contrary in section 6(1)(b), Mr. Justice
Jeffrey Thompson shall be paid a pension or gratuity on the same formula as under this
Act.

Pensions and
gratuities
charged on Con-
solidated Fund.

Entitlement to
pension on
retirement.

1 of 1995, s. 2.

1 of 1995, s. 2.

1 of 1995, s. 2.

1 of 1995, s. 2.

CH.45 – 6] JUDGES’ REMUNERATION AND PENSIONS





STATUTE LAW OF THE BAHAMAS LRO 1/2008

rendered him eligible to retire under the provisions of the
Pensions Act and, on such retirement, there shall be paid to
such person a pension or gratuity computed in accordance
with this Act.

7. (1) A person who, in accordance with Article 96
of the Constitution, is removed from a judicial office for
inability, arising from infirmity of body or mind, to
discharge the functions of his office is deemed to have
retired from that office under section 6.

(2) A person who, in accordance with Article 96 of
the Constitution, is removed from a judicial office for any
cause, other than inability, arising from infirmity of body
or mind, to discharge the functions of his office may be
granted such pension and gratuity as the Governor-General
may decide, not exceeding one-half of the pension and
gratuity to which he would have been entitled had he
retired from such office under section 6.

8. Subject to this Act there shall be paid to a person
who retires from —

(a) the office of Chief Justice a pension equivalent
to his pensionable emoluments;

(b) judicial office (other than the office of Chief
Justice) a pension at the annual rate of two-fifths
of his pensionable emoluments plus one-three
hundredths of his pensionable emoluments in
respect of each completed month save that the
pension payable to that person pursuant to this
paragraph shall not exceed those pensionable
emoluments.

9. In determining, for the purposes of section 8, the
length of pensionable service of a person who retires from
a judicial office, account shall be taken of —

(a) the full period during which such person was the
substantive holder of a judicial office; and

(b) any other period of public service which
immediately preceded the period of service
referred to in paragraph (a) and was pensionable
service under the Pensions Act.

Ch. 43.

Removal from
office in certain
circumstances
deemed retire-
ment.

Rate of pension.
1 of 1995, s. 3.
1 of 1995, s. 3.

Determination of
length of pen-
sionable service.

JUDGES’ REMUNERATION AND PENSIONS [CH.45 – 7



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

10. (1) A person to whom a pension is payable
under this Act shall, at his option exercisable in accordance
with this section, be paid instead of such pension, a
pension at the rate of three-fourths of such pension together
with a gratuity equal to eleven and one-half times the
amount of the annual reduction so made in the pension.

(2) The option referred to in subsection (1) shall be
exercisable and if it is exercised, may be revoked, not later
than the day immediately preceding the date of such
person’s retirement, but the Governor-General may, if it
appears equitable so to do, allow such person to exercise
the option or revoke an option previously exercised at any
time between that day and the actual date on which the first
payment of any pension is made under this Act.

(3) Except as provided in subsection (2), if any such
person exercises the option referred to in subsection (1),
his decision shall be irrevocable so far as it concerns any
pension paid to him under this Act.

(4) The date of the exercise by any such person of
an option under this section shall be the date of the receipt
of his written notification addressed to the Governor-
General.

11. A pension, gratuity or other allowance granted
under this Act shall not be assignable or transferable except
for the purpose of satisfying —

(a) a debt due to the Crown;
(b) an order of any court for the periodical payment

of money towards the maintenance of the wife
or former wife or minor child of the person to
whom the pension, gratuity or other allowance
has been granted,

and shall not be liable to be attached, sequestered or levied
upon for or in respect of any debt or claims whatever
except a debt due to the Crown.

12. Where a Judge dies while holding office there
shall be granted to his legal personal representative a
gratuity of an amount equal to his pensionable
emoluments.

Gratuity and
reduced pension.

Pensions, etc.,
not assignable.

Gratuity on
death of Judge.

CH.45 – 8] JUDGES’ REMUNERATION AND PENSIONS





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

13. (1) Where a person dies while he is entitled to a
pension in respect of his service as a Judge and he leaves a
widow, the widow shall be paid a pension at an annual rate
equivalent to three fourths of the pension that would have
been or was payable to him at the date of his death.

(2) Where a person dies while holding judicial office
and leaves a widow, the widow shall be paid —

(a) a gratuity of an amount equivalent to his
pensionable emoluments; and

(b) an annual pension equivalent to three fourths of
the amount which that person would have been
entitled to as pension pursuant to section 8 had
the date of his death been the date upon which
he would have been entitled to retire in receipt
of a pension and he had so retired.

(3) Notwithstanding anything to the contrary in
subsection (2)(b) the annual pension payable to a widow
under that subsection shall, in respect of any period after
her remarriage, be reduced by fifty per cent and for that
purpose in any year be pro-rated accordingly.

(4) In this section a reference to “widow” includes a
reference to “widower”.

PART IV
MISCELLANEOUS

14. Subject to this Act, the Pensions Act shall apply
for the purpose of computing pension and gratuity payable
under this Act to a person who retires from a judicial office
in the same manner as it applies for the purpose of
computing the pension and gratuity payable to a public
officer who retires from a pensionable office under that
Act.

15. The Governor-General may make regulations
generally for carrying out the provisions of this Act.

16. In the exercising of his powers under Part III,
the Governor-General shall act on the recommendation of
the Judicial and Legal Service Commission.

Widow of Judge.

1 of 1995, s. 4.

1 of 1995, s. 4.

1 of 1995, s. 4.

Application of
Ch. 43.

Regulations.

Governor-Gener-
al’s powers.

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17. (1) The Governor-General may, on the
recommendation of the Judicial and Legal Service
Commission, by Order extend the provisions of this Act to
the office of Justice of Appeal.

(2) An Order made under this section may contain
such supplementary provisions and such modifications of
this Act as the Governor-General acting on such
recommendations sees fit.

18. (1) Any person who at the date of
commencement of this Act is the holder of a judicial office
shall be entitled to exercise, within forty-five days of that
date, an option as to whether the provisions of the Pensions
Act or the provisions of this Act shall apply in his case.

(2) Any person who after the date of
commencement of this Act is appointed to a judicial office
and immediately before the date of his appointment was in
the public service shall be entitled to exercise, within forty-
five days of the date of his appointment, an option as to
whether the provisions of the Pensions Act or the
provisions of this Act shall apply in his case.

(3) Any person who was the holder of a judicial
office on 1st January 1988 and ceases to hold such office
before the commencement of this Act shall be entitled to
exercise a like option as mentioned in subsection (1).

(4) Where the holder of a judicial office referred to
in subsection (1), (2) or (3) fails to specify within the said
forty-five days which law shall apply in his case, the
provisions of the law applicable to the grant and payment
of pensions and gratuities in force on the date on which the
holder was appointed to such office shall continue to apply
in his case.

(5) Notwithstanding the foregoing provisions of this
section or any provisions of the Pensions Act, the
provisions of this Act shall apply to any person appointed
to a judicial office after the date of commencement of this
Act who, immediately before the date of his appointment,
was not in the public service.

(6) For the purposes of subsections (1), (2) and (3),
the holder of a judicial office shall exercise his option as to
which law shall apply in his case by written notification of
his decision addressed to the Registrar of the Supreme
Court.

Extension of Act
to the holders of
the offices of
Justice of
Appeal.

Application of
Act.

CH.45 – 10] JUDGES’ REMUNERATION AND PENSIONS





STATUTE LAW OF THE BAHAMAS LRO 1/2008

19. (1) Where a person who holds a judicial office
takes a leave of absence with the approval of the Judicial
and Legal Service Commission, the provisions of Part III
of this Act shall continue to apply to that person during the
period of the leave of absence as if that person was
performing the functions of the office that he held prior to
the leave of absence.

(2) A leave of absence granted pursuant to
subsection (1) shall not exceed a period of five years.

(3) Notwithstanding subsection (1), the holder of
the judicial office who takes a leave of absence under this
section shall not be entitled to any salary or allowance as a
holder of a judicial office during the period of the leave of
absence.

(4) Where a person who holds a judicial office takes
a leave of absence pursuant to subsection (1) and he
obtains employment, his employer shall pay to the
Treasurer monthly during the said period of absence a
contribution towards the prospective pension entitlements
of that person concerned calculated at the rate of twenty-
five per centum of the pensionable emoluments of the
holder of that office concerned immediately before the date
of the leave of absence.

SCHEDULE (Section 3)

SALARIES OF JUDGES
There shall be paid —

(a) with effect from 1st July, 2006 to —
(i) the Chief Justice, a salary of $104,000 per annum;
(ii) any Senior Justice, a salary of $97,000 per annum;
(iii) every other Judge, a salary of $91,000 per annum;
(b) with effect from 1st July, 2008 to —
(i) the Chief Justice, a salary of $110,000 per annum;
(ii) any Senior Justice, a salary of $103,000 per annum;
(iii) every other Judge, a salary of $97,000 per annum.

Retention of
pension benefits
during leave of
absence.
35 of 1998, s. 2.

S.I. 19/2007.

Related Laws

1998 Juries Act