Tonga Defence Services (Operations Benefit) Regulations 2013
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TONGA DEFENCE SERVICES
(OPERATIONS BENEFIT) REGULATIONS
2013
Tonga Defence Services (Operations Benefit)
Regulations 2013 Arrangement of Sections
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TONGA DEFENCE SERVICES (OPERATIONS
BENEFIT) REGULATIONS 2013
Arrangement of Sections
Regulation
1 Short Title .............................................................................................................. 5
2 Interpretation .......................................................................................................... 5
3 Application............................................................................................................. 6
4 Operational Injury Benefit ..................................................................................... 6
5 Operational Death Benefit ..................................................................................... 7
6 Review of Benefits ................................................................................................. 8
Tonga Defence Services (Operations Benefit)
Regulations 2013 Regulation 1
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TONGA DEFENCE SERVICES (OPERATIONS
BENEFIT) REGULATIONS 2013
TONGA DEFENCE SERVICES ACT 1992
IN EXERCISE of the powers conferred by section 141 of the Tonga Defence
Services Act 1992, His Majesty hereby makes the following Regulations—
1 Short Title
These Regulations may be cited as the Tonga Defence Services (Operations Benefit)
Regulations 2013.
2 Interpretation
(1) In these Regulations unless the contrary intention appears:
“Act” means the Tonga Defence Services Act 1992;
“beneficiary” means a person designated by a member of the Services
through a will or testament to receive an operational death benefit under these
Regulations upon the death of the member;
“Board” means the Defence Board constituted under Part III of the Act;
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“dependent child” means the dependent child of a member, including
children who are legally adopted or subject of a guardianship order;
“medical officer” means a qualified and registered medical practitioner
appointed by the Board to examine members of the Services;
“member” means an officer or soldier of the Services, and includes a soldier
appointed to the Tonga Royal Guards, Royal Tonga Marines or the Royal
Tonga Navy;
“spouse” in relation to a male member means his wife, and in relation to a
female member means her husband;
“widow” means the spouse of a member who has survived the death of a
member; and
“wounds” or “injuries” include (but are not limited to) the effects of
exposure to atomic radiation, gas or other toxic chemical substance.
(2) Other expressions in these Regulations have the same meaning as if these
Regulations formed part of the Act.
3 Application
These Regulations shall apply only to members of the Services who, as of 1 July
2013:
(a) will receive their retirement benefits under the Retirement Fund Act; and
(b) who are wounded, injured or killed as a result of:
(i) conducting operational services under section 14 of the Act; or
(ii) being employed in or outside the Kingdom under section 15 of the Act.
4 Operational Injury Benefit
(1) Where a member of the Services:
(a) suffers wounds or injuries on or in the course of operations against an
enemy; or
(b) is otherwise injured in the course of his duties as a member of the
Services,
the member shall be entitled to an operational injury benefit paid out under
these Regulations.
(2) The operational injury benefit shall be paid as follows:
Tonga Defence Services (Operations Benefit)
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(a) where a member of the Services is certified by a medical officer to be at
least 60% disabled for civil employment, the Member, shall be entitled
to an operational injury benefit amounting to 75% of the rate of pay on
issue to the Member on the date of his leaving the Services;
(b) where a member of the Services is certified by a medical officer to be
30% but less than 60% disabled for civil employment the member, shall
be entitled to an operational injury benefit amounting to 37% of the rate
of pay on issue to the member on the date of his leaving the Services;
(c) a member of the Services who is certified by a medical officer to be
less than 30% disabled for civil employment, shall be entitled to an
operational injury benefit amounting to 14% of the rate of pay on issue
to the member on the date of his leaving the Services.
5 Operational Death Benefit
(1) Where a member of the Services is:
(a) killed on operations against the enemy;
(b) dies of wounds or injuries suffered on or in the course of operations
against an enemy;
(c) dies from disease or illness contracted as a direct result of being
involved in operations against an enemy;
(d) is otherwise killed in the course of his duties as a member of the
Services;
(e) dies as a result of injuries received in the course of his duties as a
member of the Services; or
(f) dies from disease or illness otherwise contracted as a direct result of the
duties performed by him as a member of the Services,
the designated beneficiary or beneficiaries of such member shall be entitled to
an operational death benefit paid out under these Regulations.
(2) The operational death benefit under sub-regulation (1) shall include:
(a) a death grant of $50,000 which shall be paid as follows:
(i) where a member dies without leaving a designated beneficiary,
the death grant shall be paid to the next of kin in accordance with
the Probate Act;
(ii) where a member dies leaving a designated beneficiary or
beneficiaries, the death grant shall be paid to such beneficiary or
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beneficiaries, and, where there are more than one beneficiary, the
death grant shall be divided equally amongst the beneficiaries;
and
(b) a pension, to be paid if a beneficiary is:
(i) the widow, without dependent children, 55% of the rate of pay
on issue to the member on the date of his death;
(ii) the widow, with dependent children, 50% of the rate of pay plus
7.5% of the rate of pay for the first of such dependent child, and
3.5% of the rate of pay for each successive child to a maximum
of 78% of the rate of pay on issue to the member on the date of
his death; and
(iii) a child or children who are orphaned, 10% of the rate of pay for
the first of such child and 3.5% of the rate of pay for each
successive child to a maximum of 34.5% of the rate of pay on
issue to the member on the date of his death.
(3) The pension payable under regulation 5(2)(b) shall cease to be paid:
(a) in respect of a widow, when the widow re-marries or is in a de facto
relationship; and
(b) in respect of a dependent child, when the child attains the age of 18
years.
(4) Where dependent children cease to receive a pension due to sub-regulation
3(b), the rate of benefit payable to the widow shall be increased from 50% to
55% of the rate of pay from the date the last child attained the age of 18 years.
6 Review of Benefits
The Board shall review the rate of the operational injury benefit and the operational
death benefit when appropriate, or at least annually, and make any necessary
variations to such benefits as deemed fair and reasonable for the circumstances in
the best interests of the members of the Services.
Made at Nuku’alofa on this 28
th
day of June 2013.
TUPOU VI
King of Tonga