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Tonga Defence Services Pensions (Amendment) Regulations 2003

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Tonga Defence Services Pensions (Amendment) Regulations 2003
Tonga Defence Services Pensions (Amendment)
Regulations 2003 Regulation 1





GS 28 of 2003
to

Page 1



C
T

TONGA DEFENCE SERVICES PENSIONS
(AMENDMENT) REGULATIONS 2003

GS 28 of 2003

TONGA DEFENCE SERVICES ACT 1992



IN EXERCISE of the powers conferred by section 141(1) of the Tonga Defence
Services Act 1992, His Majesty, makes the following Regulations:

1.

(1) These Regulations may be cited as the Tonga Defence Services Pensions
(Amendment) Regulations 2003.

(2) The Tonga Defence Services Pensions Regulations 1994, are in these
Regulations referred to as the Principal Regulations.

2. Regulations 25 of the Principal Regulations is amended by inserting the
additional definitions in the proper alphabetical order—

““death grant” means a grant approved under these Regulations;

“dependent child” means the dependent child of a member;

“disability” means a permanent, partial or total loss of one or more body
functions caused by injuries;

Regulation 3
Tonga Defence Services Pensions (Amendment)

Regulations 2003





GS 28 of 2003 Page 2
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“next of kin” means anyone of the member's family nominated by him in
a will;”

3. Regulations 26(1)(a) of the Principal Regulations is amended by inserting after
the word “injuries” the words “resulting in a disability”.

4. Regulation 27(1) of the Principal Regulations is amended by inserting after the
word “Services” the words “or a nominated next of kin of an
unmarried member”.

5. Regulation 27(2) of the Principal Regulations is amended by—
(i) deleting the word “and” at the end of sub regulation (b);
(ii) deleting the full stop after the end of sub regulation (c) and

replacing it with a semicolon followed by the word “and”; and
(iii) inserting after sub regulation “(c)” the following—

“(d) in the case of a member who is unmarried, on the date of his
death, 55% of the average rate of pay on issue to the member,
to the member's nominated next of kin”.

6. Regulation 27(3) of the Principal Regulations is amended by inserting after the
word “children” the words “or the nominated next of kin of the
unmarried member”.

7. Regulation 27(4) of the Principal Regulations is amended by—
(i) deleting the word “and” at the end of sub-regulation (a);
(ii) deleting the full stop at the end of sub regulation (b) and replacing it

with a semicolon followed by the word “and”;
(iii) inserting after sub regulation “(b)” the following—

“(c) in respect of a nominated next of kin, after a period of 10
years from the date of death of the member.”

8. A new regulation 29 is inserted as follows—

“29
(1) In addition to and subject to regulation 27(1) the Board may

approve a death grant.

Tonga Defence Services Pensions (Amendment)
Regulations 2003 Regulation 8





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(2) The amount of death grant that may be approved shall be in the case
of—
(a) a widow without dependent child, $15,000;
(b) a widow with not more than two dependent children,

$17,000;
(c) a widow with more than two dependent children, $20,000;
(d) dependent children who are orphans, $2,500 for each

child; or
(e) a member who is unmarried on the date of his death, $15,000

to the nominated next to kin.”
Made at Nuku‘alofa this 3rd day of December, 2003.

By Command
Clerk to Privy Council.