Pensions Regulations
1988 Revised Edition
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PENSIONS REGULATIONS
Pensions Regulations
CAP. 8A Arrangement of
Regulations
1988 Revised Edition
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Page 3
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PENSIONS REGULATIONS
Arrangement of Regulations
Regulation
1 Definitions. ......................................................................................................5
2 Persons to whom and at what rates to be granted. ...........................................6
3 Gratuities..........................................................................................................6
4 Abolition of office. ..........................................................................................6
5 Rate of pension when office abolished. ...........................................................7
6 Gratuity on abolition. .......................................................................................7
7 Officers retiring on account of injury. .............................................................7
8 Annual allowances to injured Officers. ...........................................................8
9 How salary to be computed for pension purposes. ..........................................8
10 Service to be unbroken.....................................................................................9
11 Non-pensionable service followed by pensionable service. ............................9
12 Absence on half-pay leave. ..............................................................................9
13 Leave of absence without pay..........................................................................9
14 Commencement of pensionable service...........................................................9
15 Acting service. ...............................................................................................10
16 Pension payable on pensioner obtaining other public employment...............10
17 Rights of officers transferred from the Kingdom to any other office. ...........10
18 Rights of officers transferred to the Kingdom from any other public
service. ...........................................................................................................10
19 Allowance to officers who have served in non-pensionable offices for
15 years. .........................................................................................................11
20 Good conduct required...................................................................................11
21 Police officers' pensions.................................................................................12
22 Commutation of pension................................................................................12
Pensions Regulations CAP. 8A Regulation 1
1988 Revised Edition
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C
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PENSIONS REGULATIONS
(Amended G. 37/29, 48/29, 84/42, 9/43, 159/50, 137/54, G.S. 35/68, G.S.
31/72, G.S. 59/73, G. 49/76, G.S. 31/77, G.S. 61/80.)
REGULATIONS FOR THE GRANTING OF PENSIONS, GRATUITIES
AND OTHER ALLOWANCES TO PERSONS WHO HAVE BEEN IN
THE PUBLIC SERVICE OF THE KINGDOM OF TONGA
1 Definitions.
In these regulations
Pensionable office.
“pensionable office” means a permanent (established) post in the Civil
Service for which separate provision is made in the annual Estimates and
which is identified in the Civil Service List:
Provided that upon such pensionable office being filled, such appointment
shall be published in the Gazette. (Substituted by G.S. 31/77.)
Salary.
“salary” includes personal allowance, house allowance or the estimated
value of free quarters and any fees paid out of the Treasury by way of
salary provided that the amount to be allowed for house rent or for
estimated value of free quarters shall not exceed one-sixth nor the amount
to be allowed for fees one-fourth of the actual salary of the office;
Regulation 2 CAP. 8A Pensions Regulations
1988 Revised Edition Page 6
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Other public service.
“other public service” includes service in a British colony or protectorate
or under the Imperial Government or the Government of India, service in
the University of the South Pacific, service in the Commodity Boards of
the Agricultural Council, service in the South Pacific Bureau for
Economic Co-operation, service in the South Pacific Commission, and
such other service as the Privy Council may determine to be “other
public service” within the meaning of these regulations. (Amended by
G.S. 31/72, G.S. 59/73, G. 49/76.)
2 Persons to whom and at what rates to be granted.
Subject to the provisions of the Pensions Act, and of these regulations every
public officer holding a pensionable office in the Kingdom who has served 15
years or upwards in the Kingdom may be granted on his retirement a pension at
the rate of fifteen-sixtieths of his salary with an addition of one-sixtieth in
respect of each complete year of such service in excess of 10 until a maximum
of forty-sixtieths is reached. (Amended by G. 159/50):
Provided that service of over 11 months in the final year shall count as a
completed year for the purposes of the computation of pension: (Added G. 9/43.)
Provided always that nothing in this regulation contained shall be deemed to
detract from the rights to the grant of a pension after 10 years service of any
officer holding a pensionable post prior to 1st January, 1950. (G. 159/50.)
3 Gratuities.
Every officer otherwise qualified for a pension who has not completed 15 years
of service may be granted a gratuity at the rate of half a month's salary for each
complete 6 months of service. (Amended by G.S. 61/80.)
4 Abolition of office.
If any person holding a pensionable office retires or be removed from the public
service in consequence of the abolition of his office or for the purpose of
facilitating improvements in the organization of the department to which he
belongs by which greater economy and efficiency can be effected he may be
granted a temporary pension subject to the condition that he shall hold himself
ready to be recalled to service:
Provided that if such person is not qualified for other employment or if there be
no reason in the opinion of the Privy Council to expect that he can be shortly re-
employed a pension may be granted to him free from the above-mentioned
condition.
Pensions Regulations CAP. 8A Regulation 5
1988 Revised Edition
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5 Rate of pension when office abolished.
(1) In the case of retirement or removal from the service as in regulation 4
hereof of any officer who has served 10 years or upwards in the Kingdom
and whether such officer has attained the age of 50 years or not his
pension may be at the rate of the number of sixtieths of his pensionable
emoluments set out in regulation 2 hereof and there may be an additional
pension based on the number of sixtieths of his pensionable emoluments
not exceeding the following —
(a) in the case of an officer who has served 20 years--5;
(b) in the case of an officer who has served 17 year- 4,
(c) in the case of an officer who has served 15 years---3;
(d) in the case of an officer who has served 12 years---2;
(e) in the case of an officer who has served 10 year- one.
(Amended in consequence of Act 11 of 1973.)
(2) No additional pension shall be granted under this regulation so as to
entitle an officer to a higher total pension than the maximum of two-thirds
of his pensionable emoluments at the date he ceased to be in the service of
the Kingdom. (Substituted, G. 48/29.)
6 Gratuity on abolition.
In the case of an officer whose office has been abolished and whose length of
service is not such as to entitle him to a pension a special gratuity not exceeding
one and one-half months' salary for every year of service may be granted.
7 Officers retiring on account of injury.
Where a person employed in the public service of the Kingdom whether serving
in a pensionable or non-pensionable office has been permanently injured —
(a) in the actual discharge of his duty, and
(b) without his own default, and
(c) by some injury specifically attributable to the nature of his duty and
his retirement is thereby necessitated or materially accelerated,
he may receive in addition to his pension if any be granted to him under these
regulations an annual allowance in proportion to the extent of his injury as
follows:
When his capacity to contribute to his support is—
slightly impaired--five-sixtieths;
impaired--ten-sixtieths;
Regulation 8 CAP. 8A Pensions Regulations
1988 Revised Edition Page 8
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materially impaired---fifteen-sixtieths;
totally destroyed---twenty-sixtieths:
Provided that in the case of a pensionable officer no such allowance shall
together with his pension exceed fifty-sixtieths of his salary and
emoluments at the date of the injury. The allowance shall be less than the
above mentioned maximum by such amount as the Privy Council shall
think reasonable in the following cases —
(i) where the injured man has continued to serve for not less
than one year after the injury in respect of which he retires;
(ii) where the injured man is 50 years of age or upwards at the
date of the injury; or
(iii) where the injury is not the sole cause of retirement, as for
example, if the retirement is caused partly by age or
infirmity.
8 Annual allowances to injured Officers.
When the public officer so injured is a pensionable officer but has less than 10
years' service and is not entitled to an ordinary pension he may receive in lieu of
a gratuity an annual allowance of so many sixtieths as the years he has actually
served in addition to the number of sixtieths that may be awarded to him under
regulation 7.
9 How salary to be computed for pension purposes.
For the purpose of computing pensions and gratuities the salary of the permanent
appointment held by the officer at the date of retirement will be taken if he has
held such office or an office at the same salary for a period of 3 years
immediately preceding such date; otherwise the average amount of the salary of
the permanent appointments held by the officer during the 3 years immediately
preceding his retirement will be taken:
Provided that in the case of an officer retiring from the service of Government
between 1st January, 1950 and 31st December, 1952, both dates inclusive, for
the purposes of computing the pension of any officer based upon the average
salary of any permanent appointment or appointments held by him during the
last 3 years of his service, the word “salary” shall be deemed to include in
respect of any portion of such 3 years falling prior to 1st January, 1950, any sum
paid to him by way of Cost of Living Allowance.(Added, G. 159/50.)
Pensions Regulations CAP. 8A Regulation 10
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10 Service to be unbroken.
The service in respect of which pensions and gratuities will be granted must be
unbroken except in cases where the service has been interrupted by abolition of
office or other temporary suspension of employment not arising from
misconduct or voluntary resignation:
Provided that service prior to a break of service may be allowed to count for
pension together with service subsequent to such break if the whole intervening
period has been spent in some other employment under the Crown.
11 Non-pensionable service followed by pensionable service.
No service other than service in a pensionable office on full or half-pay will be
taken into account in computing pensions or gratuities except that where service
in a pensionable office has been immediately preceded by an unbroken period of
service in an appointment other than a pensionable office or of service paid for
out of an open vote or of both such services such period or any part of such
period may be taken into account:
Provided always that of the period of service paid for out of an open vote only
two-thirds shall be counted for the purposes of these regulations.
12 Absence on half-pay leave.
The periods during which an officer after the twenty-first day of January, 1915,
has been absent on leave (other than vacation leave) on half-pay shall for the
purposes of these regulations be counted at the rate of one month for every two
months of such period and the period during which an officer has been absent on
vacation leave shall under all circumstances be counted as service on full pay.
13 Leave of absence without pay.
Notwithstanding anything hereinbefore contained a period during which an
officer is absent on leave without salary such leave being granted on grounds of
public policy may be counted for the purposes of these regulations as service on
full pay. This regulation as now amended shall be read and construed as if the
same had come into operation simultaneously with the coming into operation of
these regulations. (Amended, G. 137/.54.)
14 Commencement of pensionable service.
Subject to the provisions of section 6 of the Act service will be deemed to
commence for pension purposes at the date on which officers commence to draw
salary or half-pay.
Regulation 15 CAP. 8A Pensions Regulations
1988 Revised Edition Page 10
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15 Acting service.
Acting-service in a pensionable office will when continuous with permanent
employment be allowed to reckon as service for pension provided the period of
such acting-service has not been taken into account as part of the service of the
previous holder of the office or as part of the officer's other public service.
16 Pension payable on pensioner obtaining other public employment.
If any pensioner under these regulations is re-employed by Government he shall
continue to receive his full pension plus all salary due for the period of re-
employment. (Substituted by Act 11 of 1983.)
17 Rights of officers transferred from the Kingdom to any other office.
Every public officer who having held a pensionable office in the Kingdom for a
period of at least 12 calendar months leaves the service of the Kingdom for any
other public service and whose aggregate service would have entitled him had it
been wholly in the Kingdom to a pension under these regulations shall on his
ultimate retirement from service be entitled to a pension at the rate of one-seven
hundred and twentieth of the amount of his annual salary at the date of his so
leaving the service of the Kingdom as aforesaid for each calendar month of his
service in the Kingdom. And in calculating such service in the Kingdom an
addition may be made thereto which shall bear the same proportion to 5 years as
his service in the Kingdom bears to the whole period of his employment in
tropical climates:
Provided that no such addition shall be made unless such officer has been
employed for 10 years in all in tropical climates.
18 Rights of officers transferred to the Kingdom from any other public
service.
Every public officer who having been in any other public service is transferred
from such service to a pensionable office in the Kingdom and whose aggregate
service would have entitled him had it been wholly in the Kingdom to a pension
under these regulations shall on his retirement from service and if he has served
for a period of at least 12 months in the Kingdom be entitled to a pension at the
rate of one-seven hundred and twentieth of the amount of his annual salary at the
date of such retirement for each calendar month of his service in the Kingdom
and in every such case there may be added at the discretion of the Privy Council
in computing the period of the retiring officer's service in the Kingdom a number
of months not exceeding —
(a) one-third of the aggregate of his service elsewhere than in the
Kingdom; or
Pensions Regulations CAP. 8A Regulation 19
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(b) two-thirds of his service in the Kingdom; or
(c) in any case 84 months:
Provided that if such officer has served in the Kingdom for a period of 10 years
and upwards immediately prior to his ultimate retirement he shall have the
option of being dealt with under regulation 2 instead of under this regulation.
19 Allowance to officers who have served in non-pensionable offices
for 15 years.
In the case of an officer who is not qualified for a pension or gratuity under these
regulations but has continuously served in the Kingdom for 15 years or upwards
and has during that period been required to give his whole time to the service of
the Government a monthly allowance may be granted to such officer not
exceeding three-fourths of the pension to which he would have been entitled had
he been employed in a pensionable office or in lieu of such allowance there may
be paid to him a capital sum equal to the amount of 60 of such monthly
payments but no such capital sum shall be paid in any case of retirement on the
ground of ill-health:
Provided that where an officer has been transferred from a pensionable to a non-
pensionable office, he shall be entitled either —
(a) to count his service in the non-pensionable office as though it were
service in a pensionable office at the salary which he received
immediately prior to such transfer; or
(b) to count his service in the pensionable office as though it were
service in the non-pensionable office and take the benefit of this
regulation accordingly.
20 Good conduct required.
(1) Pensions, gratuities and allowances computed at the rates before
mentioned shall only be granted in cases of decidedly faithful and
meritorious service.
(2) Where the fidelity and diligence of the officer fall short of the first degree
of merit the computation may be made at lower rates,
(3) Where the officer has been guilty of gross negligence, irregularity, or
gross misconduct the grant of pension, gratuity or other allowance may be
altogether withheld.
Regulation 21 CAP. 8A Pensions Regulations
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21 Police officers' pensions.
For the purposes of computation of a pension, gratuity or allowance which may
be made to a public officer who is a police officer, the numbers of years served
by that police officer in the police force of the Kingdom and specified in the first
column of the following table shall be deemed to be equivalent to the number of
years specified in the second column of that table opposite that number of years
served: —
TABLE
FIRST COLUMN
Number of years served
SECOND COLUMN
Number of years deemed to
have been served
20 21
21 22
22 24
23 25
24 26
25 28
26 29
27 31
28 32
29 33
30 35
(Inserted by G.S. 35/68.)
22 Commutation of pension.
(1) Any pension which may be paid to a public officer on his retirement from
the public service of the Kingdom may, on the request of that officer and
with the consent of Privy Council, be paid to that officer in a capital sum
not exceeding the total amount which that officer would have otherwise
drawn as pension over a period of 5 years.
Pensions Regulations CAP. 8A Regulation 22
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(2) A capital sum paid to a public officer under the provisions of the last
preceding sub-regulation shall be in full discharge and satisfaction for all
amounts that may be payable to that officer as pension under these regulations.
(Inserted by G.S. 35/68.)
