Judges’ Remuneration and Pensions Act, 1988 (Extension to Justices of Appeal) Order


Published: 1996-01-01

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.
Judges’ Remuneration and Pensions Act, 1988 (Extension to Justices of Appeal) Order
JUDGES’ REMUNERATION AND PENSIONS [CH.45 – 5






LRO 1/2008 STATUTE LAW OF THE BAHAMAS

JUDGES’ REMUNERATION AND PENSIONS ACT
(EXTENSION TO JUSTICES OF APPEAL) ORDER

(SECTION 16)
[Commencement 1st January, 1996]

1. This Order may be cited as the Judges’ Remunera-
tion and Pensions Act (Extension to Justices of Appeal)
Order.

2. (1) Subject to subparagraphs (2) and (3) and to
paragraph 3, the provisions of the Act shall extend to the
office of Justice of Appeal and in that application
references in the Act to a Judge or judicial office shall be
construed as references to a Justice of Appeal or to the
office of Justice of Appeal, as the case may be.

(2) The provisions of section 8 of the Act and of the
Schedule thereto are not extended to the office of Justice of
Appeal.

(3) The provisions of the Act set out in the first
column of the Schedule to this Order shall, in their
application to the office of Justice of Appeal, be subject to
the modifications set out in the second column of the said
Schedule.

3. The references in section 17 of the Act to a date
of commencement shall in relation to the office of Justice
of Appeal be construed as references to the date of
publication of this Order in the Gazette2.


2 First January 1996.

S.I. 7/1996
S.I. 94/1997
S.I. 5/1999
S.I. 105/2001
S.I. 119/200
1 of 2003

Citation.

Extension of Act
to the office of
Justice of
Appeal.

Schedule.

S.I. 94/1997.

Construction of
commencement
of Act.

CH.45 – 6] JUDGES’ REMUNERATION AND PENSIONS






STATUTE LAW OF THE BAHAMAS LRO 1/2008

SCHEDULE (Paragraph 2(2))

Provision of Act Modification in relation to the office of Justice
of Appeal

2 Substitute for the definition of “pensionable
emoluments” the following definition —

““Pensionable emoluments” means —
(a) in the case of a Justice of Appeal who is

ordinarily resident in The Bahamas, the
annual basic salary paid to him in respect of
his substantive office; or

(b) in the case of a Justice of Appeal who is not
ordinarily resident in The Bahamas, the
aggregate of the annual retainer fee together
with the per diem amount up to a maximum
of sixty-five thousand dollars per annum, as
specified under paragraph 1(2) of the
Schedule.”

6(1) Replace the subsection by the following —
“(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) on or after attaining the age of sixty-eight
years having held judicial office in The
Bahamas; or

(b) 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 as a
Justice of Appeal in The Bahamas and that
such infirmity is likely to be permanent.”

7 (i) In subsection (1), substitute for the refer-
ence to “Article 96 of the Constitution” a
reference to “Article 102 of the Constitu-
tion”.

(ii) In subsection (2) delete the words “A person
who” and substitute therefor the words “A
person to whom section 8(1)(b) applies and
who”.

(iii) Insert immediately after subsection 2 the
following —

“(3) A person to whom section 8(2) applies
or a person who exercises the option to
receive the benefits payable under section

S.I. 94/1997
S.I. 105/2001
S.I. 119/2001
1 of 2003

S.I. 94/1997.

JUDGES’ REMUNERATION AND PENSIONS [CH.45 – 7






LRO 1/2008 STATUTE LAW OF THE BAHAMAS


8 (1)(a), and who in accordance with Article

102 of the Constitution, is removed from the
office of Justice of Appeal for any cause,
other than inability, arising from infirmity of
body or mind, to discharge the functions of
his office and who was a Justice of Appeal
may be paid a gratuity of fifteen per cent of
his pensionable emoluments in respect of
each completed month of his service in the
office of Justice of Appeal, not exceeding
one-half of the gratuity to which he would
have been entitled under section 6.”

8 Replace the section by the following —
“Rate of pension or gratuity.
7. (1) Subject to this Act, a person who

subsequent to the publication of this Order
in the Gazette is appointed to the office of
Justice of Appeal and whose service in that
office was immediately preceded by service
in the office of Justice of the Supreme
Court, shall exercise an option, in
accordance with this section, as to whether
he shall be paid upon his retirement —

(a)(i) from the office of Justice of the
Supreme Court, any pension and
gratuity for which he is eligible in
respect of his service as Justice of the
Supreme Court; and

(ii) from the office of Justice of Appeal, a
gratuity of fifteen per cent of his
pensionable emoluments in respect of
each completed month of his service in
the office of Justice of Appeal; or

(b)(i) from the office of Justice of the
Supreme Court, no pension or gratuity
in respect of his service as Justice of
the Supreme Court; and

(ii) upon his retirement from the office of
Justice of Appeal, 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 com-
pleted month of his service in the office
of Justice of Appeal, save that the
pension payable to him pursuant to this
subparagraph shall not exceed those
pensionable emoluments; and



CH.45 – 8] JUDGES’ REMUNERATION AND PENSIONS






STATUTE LAW OF THE BAHAMAS LRO 1/2008




such pension shall be computed as if the
periods of his service in the office of
Justice of the Supreme Court, and Justice
of Appeal had been continuous, and such
pension shall be calculated and granted to
him in respect of his total service in the
office of Justice of the Supreme Court,
and in the office of Justice of Appeal
taken together, and such total service shall
be reckoned as continuous service for
pension purposes.

(2) Subject to this Act, there shall be paid to
a person who retires from the office of Justice
of Appeal and to whose service in that office
subsection (1) of this section does not relate —

(a) an annual pension equivalent to one-fifth
of his pensionable emoluments plus one-three
hundredth of the pensionable emoluments paid
to him over the last year immediately
preceding the year of his retirement times each
completed period of thirty days, save that the
pension payable under this section shall not
exceed the pensionable emoluments; and

(b) a gratuity of fifteen per cent of his
pensionable emoluments in respect of each
completed period of thirty days of his service
in the office of Justice of Appeal.

(3) The option referred to in subsection (1)
shall be exercisable not later than the day
immediately following the date on which the
person exercising the option receives written
notification of his appointment to the office of
Justice of Appeal.”

12 Replace the section by the following —
“Gratuity on death of Justice of Appeal.
11. (1) Where a Justice of Appeal in respect of

whom subsections (1)(a) and (2) of section 8
apply, dies while holding office and leaves no
widow, there shall be granted to his legal
personal representative a gratuity of fifteen per
cent of his pensionable emoluments in respect of
each completed month of his service in the
office of Justice of Appeal.

(2) Where a Justice of Appeal in respect of
whom subsection (1)(b) of section 8 applies, dies
while holding office and leaves no widow, there
shall be granted to his legal personal representative
a gratuity of an amount equal to his pensionable
emoluments.”

1 of 2003.

JUDGES’ REMUNERATION AND PENSIONS [CH.45 – 9






LRO 1/2008 STATUTE LAW OF THE BAHAMAS


13 Replace the section by the following —
“Widow of Justice of Appeal.
13. (1) Where a Justice of Appeal dies

while he is entitled to a pension in respect of
his service as a Justice of Appeal, and 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 Justice of Appeal dies while he
is entitled to a gratuity in respect of his service
as a Justice of Appeal, and leaves a widow, the
widow shall be paid a gratuity of fifteen per cent
of the pensionable emoluments in respect of
each completed month of his service in the
office of Justice of Appeal.

(3) Where a Justice of Appeal, in respect of
whom subsection (1)(b) of section 8 applies,
dies while holding 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.

(4) Where a Justice of Appeal in respect of
whom subsection (1)(a) and (2) of section 8 apply,
dies while holding office and leaves a widow, the
widow shall be paid a gratuity of fifteen per cent of
his pensionable emoluments in respect of each
completed month of his service in the office of
Justice of Appeal.

(5) Notwithstanding anything to the contrary in
subsection (3), 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.

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

18 Replace the section by the following —
“Application of Act.
18. (1) 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.



S.I. 94/1997.

Ch. 43.

CH.45 – 10] JUDGES’ REMUNERATION AND PENSIONS






STATUTE LAW OF THE BAHAMAS LRO 1/2008


(2) Notwithstanding the foregoing

provisions of this section or of any other law,
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.”

Schedule Replace the Schedule by the following —
“SCHEDULE
TERMS AND CONDITIONS RELATING

TO SERVICE OF JUSTICES OF APPEAL
1. Salaries of Judges.
(1) There shall be paid —
(a) with effect from 1st July, 2006 to —
(i) the President, a salary of $100,000 per

annum;
(ii) a resident Judge, a salary of $98,000

per annum;
(b) with effect from 1st July, 2008 to —
(i) the President, a salary of $106,000 per

annum;
(ii) a resident Judge, a salary of $104,000

per annum.
(2) A non-resident Judge shall be entitled

to be paid —
(a) a retainer fee of $10,000 per annum; and
(b) $340 for each day that he is engaged in the

work of the Court of Appeal inclusive of
the days while traveling to and from The
Bahamas, up to a maximum of $65,000 per
annum.

2. Accommodation and utilities.


(1) The President and every resident Justice

of Appeal shall be entitled to free Government
or rental furnished quarters or, in lieu thereof, a
monthly allowance of fifteen per centum of the
monthly salary or with effect from 1st July, 2007
an allowance of $18,000 per annum and in
respect of the President the payment of any
utility bills connected thereto.

(2) A non-resident Judge shall be provided
with suitable accommodation for each day on
which he is engaged in the work of the Court of
Appeal while in The Bahamas.

(3) In paragraph (1), “utility bills” means
expenses incurred for the payment of water
services, electricity services, unlimited internet
access, gas and telephone services (other than
bills in respect of personal overseas telephone
calls).

(4) Every resident Justice of Appeal, other
than the President, shall with effect from 1st July
2007 be entitled to expenses incurred monthly
for unlimited internet access.

S.I. 94/1997
S.I. 5/1999
S.I. 105/2001
S.I. 119/2001
S.I. 7/2007
S.I. 42/2007

S.I. 5/1999;
S.I. 105/2001;
S.I 42/2007.

S.I. 5/1999;
S.I 42/2007.

S.I. 94/1997;
S.I. 42/2007.

JUDGES’ REMUNERATION AND PENSIONS [CH.45 – 11






LRO 1/2008 STATUTE LAW OF THE BAHAMAS


2A. Personal staff to the President
The President shall be entitled to the provision of a

personal staff or at his option with effect from 1st
July, 2007 in lieu thereof an allowance equal to the
combined earnings of a gardener and a maid.

3. Transportation.
(1) The President and every resident Judge

shall be entitled to the provision of a
Government owned and maintained motor
vehicle.

(2) Every non-resident Judge shall have the
use of a Government owned motor vehicle on
each day on which he is engaged in the work
of the Court of Appeal while in The Bahamas.

4. Provision of regalia.
Every Judge shall be entitled to the provision

upon appointment of the requisite judicial
regalia.

5. Responsibility allowance.
An annual responsibility allowance shall be

paid to —
(a) the President in the sum of $12,500; and
(b) every resident Judge in the sum of $10,000.
5A. Medical and hospitalization insurance.
The President and every resident Judge, their

spouse and dependent children shall be entitled
to coverage under a non-contributory medical
and hospitalization insurance scheme.

5B Vacation, sick and casual leave.
The President and every Justice of Appeal shall

be entitled to —
(a) five weeks vacation leave; and

(b) ten days casual leave,
per annum.
6. Passage payment.
A non-resident Judge shall be entitled to the

provision, from time to time, of a first class
ticket entitling him to travel by air, from the
country where he is ordinarily resident, to The
Bahamas, for the purpose of the work of the
Court of Appeal and to return to the country
where he is ordinarily resident.

7. Subsistence allowance.
A non-resident Judge shall be entitled to be paid a

subsistence allowance at the rate of $120 a day
while he is engaged in the work of the Court of
Appeal and he is in The Bahamas.

S.I. 42/2007.




S.I. 42/2007.












S.I. 105/2001.





S.I. 105/2001.




S.I. 7/2007.

CH.45 – 12] JUDGES’ REMUNERATION AND PENSIONS






STATUTE LAW OF THE BAHAMAS LRO 1/2008




7A. Per diem allowance.
Every resident judge who sits at any place outside

New Providence shall be paid a per diem
allowance of one hundred and fifty dollars.

7B. Education allowance.
The President and every resident Justice of Appeal

shall be entitled to an allowance for a dependent
child, not exceeding two, equal to the tuition fee
prevailing at the College of The Bahamas with
respect to the dependant’s attendance at college,
university or any professional school for a period
not exceeding four years.

8. Interpretation.
In this Schedule —
“‘Judge’ means a Justice of Appeal;
‘non-resident Judge’ means a person appointed

to the office of Justice of Appeal and who is not
ordinarily resident in The Bahamas;

‘President’ means the President of the Court of
Appeal;

‘resident Judge’ means a person appointed to
the office of Justice of Appeal and who is
ordinarily resident in The Bahamas.”



S.I. 119/2001.

S.I. 42/2007.

Related Laws