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Judges Salaries & Pensions
Act
4 of 1965

Amended by
37 of 1971
38 of 1975
43 of 1976
39 of 1981
*3 of 1985
*17 of 2007
*30 of 2007
*1 of 2009
*13 of 2010

*See Note on page 2

Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–2
3–6
7–8
9–10
11–12
13–16
17–18
19–22
23–26

L.R.O.

LAWS OF TRINIDAD AND TOBAGO

CHAPTER 6:02

JUDGES SALARIES AND PENSIONS ACT

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Index of Subsidiary Legislation
Page

Judges (Conditions of Service and Allowances) Regulations (No. 1)
(GN 25/1965) … … … … … … … 10

Judges (Conditions of Service and Allowances) Regulations (No. 2)
(GN 28/1972) … … … … … … … 16

Judges (Salaries and Pensions) Regulations (LN 202/1997) … … 26

Note on Act No. 3 of 1985
This Act is deemed to have come into operation on 1st January 1981.

Note on Act No. 17 of 2007
Section 25 of Act No. 17 of 2007 provides that the amendments to sections 12(1), 12(2)(b),
13(1) and 13(2)(b) shall come into effect from 1st October 2006.

Note on Act No. 30 of 2007
Section 2 of Act No. 30 of 2007 provides that the amendments to sections 12(1), 12(2)(b),
13(1) and 13(2)(b) shall come into effect from 1st October 2007.

Note on Act No. 1 of 2009
Amendments effected to sections 12 and 13 by Act No. 1 of 2009 took effect from
1st October 2008.

Note on Act No. 13 of 2010
Amendments effected to sections 12 and 13 by Act No. 13 of 2010 took effect from
1st September 2010.

2 Chap. 6:02 Judges Salaries and Pensions

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Judges Salaries and Pensions Chap. 6:02 3

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

CHAPTER 6:02

JUDGES SALARIES AND PENSIONS ACT
ARRANGEMENT OF SECTIONS

SECTION

PART I
PRELIMINARY

1. Short title.
2. Application.
3. Interpretation.

PART II
SALARIES OF JUDGES OF

SUPREME COURT OF JUDICATURE
4. Salaries of Judges.

PART III
PENSIONS

5. Pensions.
6. Minimum and maximum pensions.
7. Rate of pension payable to the Chief Justice.
8. Rate of pension payable to Judges, other than the Chief Justice.
9. Computation of pensions.
10. Gratuity on death of Judge.
11. Gratuity and reduced pension.
12. Widow of Chief Justice.
13. Widow of Judge.
14. Widows’ and Orphans’ Pensions.
15. Pension not assignable or attachable.

PART IV
MISCELLANEOUS

16. Regulations.

SCHEDULE.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

*This Act is deemed to have come into operation on 31st August 1962 by section 1(2) as originally
enacted.

4 of 1965.

Commencement.

Short title.

Application.

Interpretation.

Ch. 23:52.

CHAPTER 6:02

JUDGES SALARIES AND PENSIONS ACT

An Act to provide for the salaries, pensions and other
conditions of service of Judges of the Supreme Court
of Judicature.

*[31ST AUGUST 1962]
PART I

PRELIMINARY
1. This Act may be cited as the Judges Salaries and
Pensions Act.

2. This Act applies to the office of Judge.

3. (1) In this Act—
“the Commission” means the Judicial and Legal Service

Commission established by the Constitution;
“Court of Appeal” means the Court of Appeal established by

the Constitution;
“High Court” means the High Court established by the

Constitution;
“Judge” means a Judge of the High Court or the Court of Appeal

and includes the Chief Justice;
“pensionable emoluments” means the salary paid to a Judge in

respect of his substantive office;
“pensionable service” means service which is pensionable under

the Pensions Act;
(2) Where a Judge has pensionable service, his period of
service as a Judge is, for the purposes of the Pensions Act, deemed
to be other public service within the meaning of that Act.

4 Chap. 6:02 Judges Salaries and Pensions

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Judges Salaries and Pensions Chap. 6:02 5

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

PART II
SALARIES OF JUDGES OF

SUPREME COURT OF JUDICATURE
4. There shall be paid to the Chief Justice of Trinidad and
Tobago, to every Judge of the Court of Appeal and to every Judge
of the High Court the salaries specified in the Schedule.

PART III
PENSIONS

5. (1) There shall be paid to a person on his retirement
from an office to which this Act applies a pension and gratuity
in accordance with this Act.
(2) A person, who in accordance with the Constitution,
is removed from an office to which this Act applies for inability,
arising from infirmity of mind or body, to perform the functions
of his office is deemed to have retired from that office.
(3) A person, who in accordance with the Constitution,
is removed from an office to which this Act applies for any cause
other than inability, arising from infirmity of mind or body, to
perform the functions of his office may be granted such pension
and gratuity not exceeding one-half of the pension and gratuity to
which he would have been entitled had he retired from such
office, as the Commission may decide.

6. (1) Subject to this section, the pension that shall be paid
to a person who retires from an office to which this Act applies
shall be an amount not less than forty-four and a half per cent
and not more than eighty-five per cent of the annual pensionable
emoluments drawn by him at the date of his retirement.
(2) Where a Judge has pensionable service, the
amount of pension granted under this Act shall not, when
added to the amount of any pension or pensions drawn by him
in respect of that pensionable service, exceed eighty-five per
cent of the annual pensionable emoluments drawn by him at
the date of his retirement.

Salaries of
Judges.
[37 of 1971
38 of 1975
39 of 1981
3 of 1985].
Schedule.

Pensions.

Minimum and
maximum
pensions.
[43 of 1976].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

(3) For the purposes of this section, where a person
receives both a gratuity and a pension in respect of the same
period of pensionable service or service as a Judge, the amount
of such pension is deemed to be four-thirds of its actual amount.

7. A person who at any time retires from the office of Chief
Justice shall be granted a pension at the rate of the full amount of
his pensionable emoluments.

8. A person who at any time retires from an office to which
this Act applies, other than the office of Chief Justice, shall be
granted in respect of his service as a Judge a pension which is
the aggregate of one-third of his pensionable emoluments and
one-three hundred and sixtieth of his pensionable emoluments in
respect of each completed month of service as such.

9. For the purpose of computing the amount of pension of a
Judge, other than the Chief Justice, the full period during which
he held the office of Judge shall be taken into account.

10. Where a Judge dies, there shall be granted to his legal
personal representative a gratuity of an amount equal to the total
of the gratuities which would have been payable to that Judge in
respect of his pensionable service, if any, and in respect of his
service as a Judge if he had retired at the date of his death.

11. (1) A person to whom a pension is payable under this Act
shall if he has exercised his option as herein provided, but not
otherwise, be paid in lieu of such pension at the rate of three-fourths
of such pension together with a gratuity equal to twelve and a 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 has been exercised, may be revoked, not
later than the day immediately preceding the date of such
person’s retirement; but the Commission may, if it appears
equitable to do so, allow him to exercise the option or revoke an
option previously exercised at any time between that date and the
actual date of the first payment of any pension under this Act.

Rate of pension
payable to the
Chief Justice.
[43 of 1976].

Rate of pension
payable to
Judges, other
than the Chief
Justice.

Computation of
pensions.

Gratuity on
death of Judge.

Gratuity and
reduced
pension.

6 Chap. 6:02 Judges Salaries and Pensions

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Judges Salaries and Pensions Chap. 6:02 7

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

(3) Subject to subsection (2), if such person has
exercised the option referred to in subsection (1), his decision
shall be irrevocable so far as concerns any pension paid to him
under this Act.
(4) If a person who has not exercised the option dies
after he has retired but before a pension has been paid under this
Act, there shall be granted to his legal personal representative a
gratuity and a reduced pension as provided for in subsection (1)
as if such person before his death had exercised the option therein
referred to, so however, that such pension shall not be paid in
respect of any period later than the date of the death of such
person and shall not exceed in the aggregate the total amount due
and payable to him on the said date.
(5) The date of the exercise of the option by such person
shall be deemed to be the date of the receipt of his written
notification addressed to the Chairman of the Commission.
12. (1) Where a person dies while he is entitled to receive a
pension in respect of his service as Chief Justice and he leaves a
widow, the widow shall be paid a pension at an annual rate
equivalent to two-thirds of the pension payable to him at the date
of his death or a monthly pension in the sum of three thousand
dollars, whichever is the greater.
(2) Where a person dies while holding the office of
Chief Justice and he leaves a widow, the widow shall be paid—
(a) a gratuity of an amount equivalent to twelve and

a half times one-quarter of his pensionable
emoluments at the date of his death; and

(b) a pension at an annual rate equivalent to
one-half of his pensionable emoluments at the
date of his death or a monthly pension in the
sum of three thousand dollars, whichever is
the greater.

(3) A widow shall not be entitled to receive and shall not
be paid a pension under this section in respect of any period after
her remarriage.
(4) Where a person dies while holding the office of Chief
Justice and he does not leave a widow, a gratuity equivalent to

Widow of Chief
Justice.
[43 of 1976
17 of 2007
30 of 2007
1 of 2009
13 of 2010].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

twelve and a half times one-quarter of his pensionable emoluments
at the date of his death shall be paid to the legal personal
representatives on account of the deceased person’s estate.
(5) In this section a reference to “widow” includes a
reference to “widower”.
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 one-
half of the pension payable to him at the date of his death or a
monthly pension in the sum of three thousand dollars, whichever
is the greater.
(2) Where a person dies while holding the office of a
Judge and he leaves a widow, the widow shall be paid—
(a) a gratuity of an amount equivalent to twelve and

a half times one-sixth of his pensionable
emoluments at the date of his death; and

(b) a pension at an annual rate equivalent to one-
quarter of the pensionable emoluments payable
to him at the date of his death or a monthly
pension in the sum of three thousand dollars,
whichever is the greater.

(3) A widow shall not be entitled to receive and shall not
be paid a pension under this section in respect of any period after
her remarriage.
(4) Where a person dies while holding the office of a Judge
and he does not leave a widow, a gratuity of an amount equivalent to
twelve and a half times one-sixth of the pensionable emoluments
payable to him at the date of his death shall be paid to the legal
personal representatives on account of the deceased person’s estate.
(5) Nothing in this Act shall affect the rights of a widow
of any Judge, including the Chief Justice under the Widows’ and
Orphans’ Pensions Act or any other law.
(6) In this section—
“Judge” does not include the Chief Justice;
“widow” includes widower.
(7) This section shall be deemed to have come into force
on the 31st August 1962.

Widow of
Judge.
[43 of 1976
17 of 2007
30 of 2007
1 of 2009
13 of 2010].

Ch. 23:54.

8 Chap. 6:02 Judges Salaries and Pensions

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Judges Salaries and Pensions Chap. 6:02 9

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

14. Notwithstanding the provisions of sections 2 and 3 of
the Widows’ and Orphans’ Pensions Act every Judge is eligible to
be a contributor under that Act and the provisions of that Act in
relation to the payment of pensions to widows and orphans of
deceased public officers applies to the office of Judge.

15. No pension, gratuity or other allowance granted under
this Act shall be assignable or transferable, or liable to be
attached, sequestered or levied upon, for or in respect of any debt
or claim whatsoever other than a debt due to the State.

PART IV
MISCELLANEOUS

16. (1) The President may make Regulations generally for
the carrying out of the provisions of this Act, and, without
prejudice to the generality of the foregoing, may make Regulations
relating to the conditions of service of, and the allowances payable
to, a Judge.
(2) Whenever the President is satisfied that it is
equitable that any Regulation made under subsection (1) should
have retrospective effect in order to confer a benefit upon or
remove a disability attaching to any person, that regulation may
be given retrospective effect for that purpose.

$ $ $
108,000 129,600 142,560
per annum per annum per annum
93,600 108,000 118,800
per annum per annum per annum
87,600 100,800 110,400
per annum per annum per annum

Chief Justice … …

Justice of Appeal… …

Judge of the High Court…

1983 and
thereafter19821981

Office
SALARIES

SCHEDULE

Widows’ and
Orphans’
Pensions.
Ch. 23:54.

Pension not
assignable or
attachable.

Regulations.

Section 4.
[3 of 1985].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

SUBSIDIARY LEGISLATION

JUDGES (CONDITIONS OF SERVICE AND
ALLOWANCES) REGULATIONS (NO. 1)

ARRANGEMENT OF REGULATIONS
REGULATION

1. Citation.

PRELIMINARY
2. Interpretation.

VACATION AND VACATION PASSAGE ALLOWANCES
3. Vacations.
4. Absence abroad.
5. Vacation entitlements.
6. Passage allowance.

HOUSING
7. Housing—Judges.
8. Housing—Chief Justice.
9. Judge on circuit.

TRANSPORT
10. Transport allowance.
11. Application of Travelling Allowances Regulations. Advances to

purchase means of transport.
12. Transport to Tobago.

CHAUFFEUR’S ALLOWANCE
13. Chauffeur’s allowance.

SUBSISTENCE
14. Subsistence.

10 Chap. 6:02 Judges Salaries and Pensions

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

[Subsidiary]Judges (Conditions of Service and Allowances) Regulations (No. 1)
Judges Salaries and Pensions Chap. 6:02 11

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

ENTERTAINMENT ALLOWANCE
l5. Entertainment allowance.

MEDICAL TREATMENT
l6. Medical treatment.

EXEMPTION FROM INCOME TAX
17. Exemption from income tax.

REGULATION

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

25/1965.
[47/1967].

Citation.

Interpretation.

Vacations.

Absence abroad.

Vacation
entitlements.

JUDGES (CONDITIONS OF SERVICE AND
ALLOWANCES) REGULATIONS (NO. 1)

made under section 16

1. These Regulations may be cited as the Judges
(Conditions of Service and Allowances) Regulations (No. 1),
and, save as otherwise hereinafter specifically provided, shall be
deemed to have come into operation on 31st August 1962.

PRELIMINARY
2. In these Regulations—
“children” means the children of a Judge (including legally

adopted children) who are below the age of twenty years,
unmarried and dependent on him;

“Court vacation” means the whole of any period prescribed as a
Court vacation by Rules of Court in relation to the High
Court and the Court of Appeal respectively;

“long vacation” means the period—
(a) in relation to Judges of the High Court, from 26th

June to 3rd October (both days inclusive); and
(b) in relation to Judges of the Court of Appeal, from

1st August to 2nd October (both days inclusive).

VACATION AND VACATION PASSAGE ALLOWANCES
3. Subject to such assignments for duty as may be made by
the Chief Justice for the due execution of vacation business,
Judges shall be on vacation during all Court vacations.

4. Subject to these Regulations, a Judge may go abroad
during any Court vacation with the approval of the Chief Justice
but, save as herein provided, no Judge shall be absent from
Trinidad and Tobago without the approval of the President.

5. In every alternate year a Judge shall be entitled to go
abroad during the long vacation and, in such event, he shall be
paid a passage allowance as provided by regulation 6.

[Subsidiary]
12 Chap. 6:02 Judges Salaries and Pensions

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

[Subsidiary]Judges (Conditions of Service and Allowances) Regulations (No. 1)
Judges Salaries and Pensions Chap. 6:02 13

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Passage
allowance.

Housing—
Judges.

Housing—
Chief Justice.

Judge on
circuit.

Transport
allowance.

6. (1) The passage allowance payable to a Judge shall be
the full actual cost of first class return passage (by air or sea,
or partly by air and partly by sea, at the Judge’s option) for
himself, his wife and children, if any, subject to a maximum of
the equivalent of three adult first class return fares from Trinidad
to the United Kingdom.
(2) The passage allowance shall be payable in a manner
so as to enable the Judge’s wife or children or both his wife and
children to precede him or follow him, if he so desires, on the
outward or homeward journey, as the case may require.

HOUSING
7. (1) Fully furnished residences shall be provided for all
Judges and each Judge (other than the Chief Justice) who
occupies any such residence shall pay therefor rental at the rate
of nine hundred dollars ($900) a year plus five per cent a year of
the aggregate value of the furniture supplied therein.
(2) The allocation of residences among Judges shall be
in the sole discretion of the Chief Justice.
(3) This Regulation is deemed to have come into
operation on 1st January 1965.
8. (1) The Chief Justice shall be entitled either to occupy
a fully furnished residence without payment of rent or, at his
option, to be paid a housing allowance at the rate of three
thousand six hundred dollars ($3,600) a year.
(2) Where the Chief Justice elects to occupy a residence
under subregulation (1) without payment of rent, the provision
thereof is deemed to be an allowance for the purpose of
regulation 17.
9. A Judge on circuit in San Fernando or Tobago shall be
entitled to the exclusive use of a Government house.

TRANSPORT
10. Each Judge shall be paid a transport allowance at the rate
of one thousand two hundred dollars ($1,200) a year.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

11. The provisions of the Travelling Allowances
Regulations, which relate to advances to purchase means of
transport, apply mutatis mutandis to the purchase of transport by
a Judge and for the purposes of those provisions a Judge shall be
deemed to be an officer required to use a motor vehicle for the
performance of his official duties.

12. A Judge on duty in Tobago shall be provided with paid
passage for himself (by sea or air at the Judge’s option) and free
transportation of his motor car to and from Tobago.

CHAUFFEUR’S ALLOWANCE
13. (1) There shall be paid to the Chief Justice a chauffeur’s
allowance at the rate of one thousand eight hundred dollars
($1,800) a year, or such greater amount as may from time to time
be allowed so long as he holds the office of Chief Justice.
(2) A like allowance shall be paid to a Justice of Appeal
who has been designated to perform the functions of the Chief
Justice under section 79(4) of the former Constitution during the
period in which he actually performs such functions.
(3) This Regulation shall be deemed to have come into
operation on 1st September 1962.

SUBSISTENCE
14. (1) A Judge on duty in San Fernando or Tobago shall be
paid a subsistence allowance at the rate of twenty dollars a day.
(2) This Regulation shall be deemed to have come into
operation on 1st January 1964.

ENTERTAINMENT ALLOWANCE
15. (1) There shall be provided with effect from the 1st day
of January, 1965, an entertainment allowance of three thousand
dollars ($3,000) a year to cover the cost of entertainment by the
Chief Justice in his official capacity or, with his approval, by any
other Judge in that Judge’s official capacity.

Application of
Travelling
Allowances
Regulations.
Advances to
purchase means
of transport.
Ch. 23:50.
Sub. Leg.

Transport to
Tobago.

Chauffeur’s
allowance.
[47/1967].

Subsistence.

Entertainment
allowance.

[Subsidiary] Judges (Conditions of Service and Allowances) Regulations (No. 1)
14 Chap. 6:02 Judges Salaries and Pensions

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

[Subsidiary]Judges (Conditions of Service and Allowances) Regulations (No. 1)
Judges Salaries and Pensions Chap. 6:02 15

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Medical
treatment.

Ch. 12. No. 9.
(1950 Ed.).

Exemption from
income tax.

(2) The control of the entertainment allowance shall be
in the sole discretion of the Chief Justice.

MEDICAL TREATMENT
16. Every Judge is entitled without charge to operative
treatment, X-ray, bacteriological and pathological examinations
and physiotherapy treatment at any hospital or other institution
established and maintained by the Government under the
Hospitals Ordinance.

EXEMPTION FROM INCOME TAX
17. Every allowance of whatsoever nature payable under these
Regulations shall be wholly exempt from payment of income tax.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

JUDGES (CONDITIONS OF SERVICE AND
ALLOWANCES) REGULATIONS (NO. 2)

ARRANGEMENT OF REGULATIONS
REGULATION

PRELIMINARY
1. Citation.
2. Interpretation.
3. Option and application of these Regulations.

VACATION AND VACATION PASSAGE ALLOWANCES
4. Vacations.
5. Absence abroad.
6. Vacation entitlements.
7. Passage allowance.
7A. Additional passage allowance.
7B. Judicial Contact allowance.
7C. Option exercisable only once.

HOUSING
8. Housing for Chief Justice.
8A. Housing for other Judges
9. Judge on circuit.
10. Deemed allowance.
10A. Judge’s allowance.

TRANSPORT
11. Transport allowance.
12. Application of Travelling Allowances Regulations.
Advances to purchase means of transport.
12A. Exemption from motor vehicles tax or Customs duty.
13. Transport to Tobago.

CHAUFFEUR’S ALLOWANCE
14. Chauffeur’s allowance.

[Subsidiary]
16 Chap. 6:02 Judges Salaries and Pensions

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

[Subsidiary]Judges (Conditions of Service and Allowances) Regulations (No. 2)
Judges Salaries and Pensions Chap. 6:02 17

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

REGULATION

SUBSISTENCE
15. Subsistence.

ENTERTAINMENT ALLOWANCE
16. Entertainment allowance.

MEDICAL TREATMENT
17. Medical treatment.

TELEPHONES
18. Telephone allowance.
18A. Cost of living allowance.

EXEMPTION FROM INCOME TAX
19. Exemption from income tax.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

*These Regulations have been amended by LNs 125/1981; 50/1985; 42/1986; 114/1990;
86/1992; 190/1997; 214/1997.

*28/1972.

Citation.

Interpretation.
[190/1997].

Sub. Leg.

Option and
application of
these
Regulations.
Sub. Leg.

JUDGES (CONDITIONS OF SERVICE AND
ALLOWANCES) REGULATIONS (NO. 2)

made under section 16

PRELIMINARY

1. These Regulations may be cited as the Judges
(Conditions of Service and Allowances) Regulations (No. 2).

2. In these Regulations—
“children” means the children of a Judge (including legally

adopted children) who are below the age of twenty years;
unmarried and dependent on him;

“Court vacation” means the whole of any period prescribed as a
Court vacation by Rules of Court in relation to the High
Court and the Court of Appeal respectively;

“existing Judge” means a Judge appointed before the making of
the Judges (Conditions of Service and Allowances)
(Amendment) Regulations;

“new Judge” means a Judge appointed after the making of the
Judges (Conditions of Service and Allowances)
(Amendment) Regulations.

3. For the purpose of section 89(3) of the former Constitution,
a Judge shall have the option of accepting the conditions of service
and allowances provided for in these Regulations as a whole instead
of those provided for in the Judges (Conditions of Service and
Allowances) Regulations (No. 1); and these Regulations shall apply
as a whole to such of the Judges only as have before the expiration
of three months from the coming into force of these Regulations
exercised the option in favour of these Regulations.

[Subsidiary]
18 Chap. 6:02 Judges Salaries and Pensions

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

[Subsidiary]Judges (Conditions of Service and Allowances) Regulations (No. 2)
Judges Salaries and Pensions Chap. 6:02 19

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VACATION AND VACATION PASSAGE ALLOWANCES
4. Subject to such assignments for duty as may be made by
the Chief Justice for the due execution of vacation business,
Judges shall be on vacation during the two short vacation periods
at Easter and Christmas.

5. Subject to these Regulations, a Judge may go abroad
during any Court vacation with the approval of the Chief Justice,
but, save as herein provided, no Judge shall be absent from
Trinidad and Tobago without the approval of the President.

6. (1) In addition to the Easter and Christmas vacations a
Judge is entitled—
(a) in the case of a Justice of Appeal, to six weeks

vacation per annum; and
(b) in the case of a puisne Judge, to four weeks

vacation per annum and six weeks vacation per
annum respectively, in alternate years.

(2) The vacation provided for in subregulation (1)
shall be taken at such time or times as may be approved by
the Chief Justice and shall not be accumulated from one year
to another.

7. (1) In every second year a Judge shall be entitled to be
paid a passage allowance to enable him and his family to go
abroad during his vacation, the amount of which allowance shall
be equivalent to the full cost of first-class return air fares from
Trinidad to London by the most direct route for the Judge and
his spouse, if any, and his children, if any, but shall not exceed the
cost of three such adult fares.
(2) A Judge other than an acting Judge or one appointed
under section 104(2) of the Constitution for a period of less than
two years, may opt to receive in lieu of the passage allowance
described in subregulation (1), an annual travel grant of twenty
thousand dollars in cash.

Vacations.
[190/1997].

Absence
abroad.

Vacation
entitlements.
[190/1997].

Passage
allowance.
[190/1997].

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(3) In respect of existing Judges who receive a benefit
under regulation 7A in 1997, this regulation shall come into effect
from 1st January 1998, but in respect of all other Judges this
regulation is deemed to have come into effect on 1st January 1997.
7A. (1) Notwithstanding regulation 7, once every two years
a Judge is entitled to a passage to any part of the Commonwealth
served by the National Airline so that he may establish contact
with judicial colleagues, attend conferences, seminars, lectures or
similar gatherings.
(2) Where such judicial contact involves some official
participation in—
(a) a Commonwealth country not served by the

National Airline; or
(b) the United Nations and its law agencies

and organs,
the cost of supplementary travel shall be authorised.
(3) Passage allowance under this regulation shall cover
first-class travel, hotel accommodation and subsistence and shall
be in respect of the Judge, his spouse and not more than two of
his children who have not yet attained the age of eighteen years,
are unmarried and maintained by him.
(4) There shall be a block vote provided for passage
allowances payable under this regulation and all arrangements
under this regulation and such block vote shall be subject to the
control of the Chief Justice.
(5) This regulation shall not apply to new Judges or to
any existing Judge who has exercised the option conferred by
regulation 7B of taking the allowance provided by that regulation
in lieu of the benefit provided by this regulation.
7B. (1) Subject to this regulation there shall be paid to every
Judge an allowance known as a Judicial Contact allowance of
five thousand dollars per month.
(2) This regulation shall not apply to an existing Judge
unless he exercises the option provided by subregulation (3).

Additional
passage
allowance.
[125/1981
190/1997].

Judicial Contact
allowance.
[190/1997].

[Subsidiary] Judges (Conditions of Service and Allowances) Regulations (No. 2)
20 Chap. 6:02 Judges Salaries and Pensions

LAWS OF TRINIDAD AND TOBAGO

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[Subsidiary]Judges (Conditions of Service and Allowances) Regulations (No. 2)
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(3) An existing Judge may, not later than 31st
December 1997, opt to receive the allowance provided by this
regulation in lieu of the benefit provided by regulation 7A.
(4) Where an existing Judge receives a benefit under
regulation 7A in 1997, but exercises the option provided by
subregulation (3), the allowance provided by this regulation shall
be payable to him as from 1st January 1998 but in the case of all
other Judges who are or become eligible to receive such
allowance it shall be payable as from 1st January 1997.

7C. A Judge who is entitled to exercise the option
of receiving—
(a) the cash grant in lieu of the passage allowance

provided for in regulation 7; or
(b) the Judicial Contact allowance in lieu of the

benefit provided for in regulation 7A,
shall do so once only in writing signed by him and shall thereafter
forfeit any claim to the benefit which he has opted to forego
save that the previous exercise of an option shall not be binding
on, or enure to the benefit of a Judge who is appointed under
section 104(2) of the Constitution.

HOUSING
8. There shall be provided rent-free for the Chief Justice a
fully furnished residence of the super-grade category.

8A. (1) Subject to this regulation, fully furnished residences
of the super-grade category shall be provided rent-free for all
Judges (other than the Chief Justice) and the allocation of such
residences shall be in the sole discretion of the Chief Justice.
(2) With effect from 1st April 1997, where a Judge is not
provided with a residence referred to in subregulation (1) or where
he chooses not to occupy such a residence, he shall, subject to
subregulation (3), be paid a monthly housing allowance of—
(a) in the case of the Chief Justice, seven thousand

five hundred dollars;

Option
exercisable only
once.
[190/1997].

Housing for
Chief Justice.
[125/1981].

Housing for
other Judges.
[125/1981
190/1997].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Judge on circuit.

Deemed
allowance.

Judge’s
allowance.
[125/1981
190/1997].

Transport
allowance.
[50/1985].

(b) in the case of a Judge other than the Chief
Justice, five thousand dollars,

save that the allowance shall not be paid where the Judge occupies
a government-owned residence not of the super-grade category.
(3) Housing allowance shall be paid only after the Chief
Justice certifies in writing that in his view the residence that the
Judge occupies or proposes to occupy is compatible with the
status of a Judge.
(4) This regulation is deemed to have come into effect
on 1st April 1997.

9. A Judge on circuit in San Fernando or Tobago shall
be entitled to the exclusive use of quarters provided by
the Government.

10. The provision of a residence or quarters shall be deemed
to be an allowance for the purposes of regulation 19.

10A. (1) There shall be paid exclusively to every Judge by
virtue of his office as such and the nature and scope of the
judicial functions he is required to perform, a personal allowance
of three thousand dollars per month.
(2) This regulation shall be deemed to have come into
operation on 1st January 1997.

TRANSPORT
11. (1) There shall be paid to each Judge with effect from
1st August 1981, a transport allowance of five hundred and
twenty-five dollars per month.
(2) There shall be provided for the Chief Justice at the
expense of the State—
(a) an official motor car, the operational and

maintenance costs of which shall be met by the
State; and

(b) an official chauffeur who shall be a police officer.

[Subsidiary] Judges (Conditions of Service and Allowances) Regulations (No. 2)
22 Chap. 6:02 Judges Salaries and Pensions

LAWS OF TRINIDAD AND TOBAGO

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[Subsidiary]Judges (Conditions of Service and Allowances) Regulations (No. 2)
Judges Salaries and Pensions Chap. 6:02 23

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12. The provisions of the Travelling Allowances Regulations
that relate to advances to purchase means of transport apply with
any necessary or expedient modifications to the purchase by a
Judge of a motor vehicle whether manufactured in Trinidad and
Tobago or abroad, and for the purposes of these provisions, a
Judge shall be deemed to be an officer required to keep a vehicle
for use in the performance of his official duties.

12A. Where a Judge purchases a vehicle within the
contemplation of regulation 12, he is entitled to exemption from
the payment of—
(a) motor vehicles tax and value added tax where

the motor vehicle is manufactured in Trinidad
and Tobago; or

(b) Customs duty where the motor vehicle is
manufactured abroad.

13. A Judge on duty in Tobago, shall be provided with paid
passage for himself (by sea or air at the Judge’s option) and free
transportation of his motor car to and from Tobago.

CHAUFFEUR’S ALLOWANCE
14. (1) There shall be paid to each Judge a chauffeur’s
allowance as follows:
(a) with effect from 1st January 1974 a sum of three

hundred and thirty-one dollars per month;
(b) with effect from 1st January 1975 a sum of three

hundred and forty-seven dollars per month;
(c) with effect from 1st January 1976 a sum of three

hundred and sixty-five dollars per month;
(d) with effect from 1st January 1977 a sum of five

hundred and seventy-four dollars per month;
(e) with effect from 1st January 1978 a sum of six

hundred and three dollars per month;
(f) with effect from 1st January 1979 a sum of six

hundred and thirty-three dollars per month; and

Application of
Travelling
Allowances
Regulations.
Ch. 23:50
Sub. Leg.
Advances to
purchase means
of transport.
[50/1985].

Exemption from
motor vehicles
tax or Customs
duty.
[50/1985
114/1990].

Transport to
Tobago.
[50/1985].

Chauffeur’s
allowance.
[125/1981].

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UPDATED TO DECEMBER 31ST 2014

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(g) with effect from 1st January 1980 a sum of six
hundred and ninety-six dollars per month.

(2) From 1st January 1977, the allowance paid to each
Judge under subregulation (1) shall be increased by a cost of
living allowance equivalent to the cost of living allowance
payable to a chauffeur in the Public Service.
(3) From 1st January 1981, there shall be paid to
each Judge—
(a) a chauffeur’s allowance equivalent to the

minimum salary of a Chauffeur II in the Public
Service;

(b) a cost of living allowance equivalent to the cost
of living allowance payable to such a chauffeur.

SUBSISTENCE
15. (1) Where a Judge who lives in—
(a) North Trinidad is on duty in San Fernando

or Tobago;
(b) South Trinidad is on duty in Port-of-Spain or

Tobago; or
(c) Tobago is on duty in Trinidad,
he shall be paid a subsistence allowance at the rate of fifty dollars
per day.
(2) This regulation shall be deemed to have effect from
1st January 1991.

ENTERTAINMENT ALLOWANCE
16. (1) There shall be paid an entertainment allowance—
(a) to the Chief Justice of three hundred and fifty

dollars per month;
(b) to any Judge other than the Chief Justice of two

hundred and fifty dollars per month.
(2) Where the Chief Justice or a Judge with the approval
of the Chief Justice has incurred actual expenses in excess of this

Subsistence.
[86/1992].

Entertainment
allowance.
[125/1981].

[Subsidiary] Judges (Conditions of Service and Allowances) Regulations (No. 2)
24 Chap. 6:02 Judges Salaries and Pensions

LAWS OF TRINIDAD AND TOBAGO

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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[Subsidiary]Judges (Conditions of Service and Allowances) Regulations (No. 2)
Judges Salaries and Pensions Chap. 6:02 25

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L.R.O.

sum, such excess may be met from the official Entertainment
Vote under the control of the Chief Justice.
(3) This regulation is deemed to have come into
operation on the 1st day of January, 1981.

MEDICAL TREATMENT
17. A Judge is entitled without charge to operative treatment,
X-ray, bacteriological and pathological examinations and
physiotherapy treatment and to all incidental hospitalisation
services at any hospital or other institution established and
maintained by the Government under the Hospitals Ordinance or
when those services are not available at such hospitals, with the
approval of the Chief Justice, to be paid the cost of such
treatment and services at any other hospital, institution or nursing
home in Trinidad and Tobago, the payment whereof shall be
deemed to be an allowance for the purposes of regulation 19.

TELEPHONES
18. (1) There shall be paid for every Judge the cost of rental
of a telephone at his residence or quarters and such other metered
charges and ticketed calls made for official purposes as are
claimed by him.
(2) The amounts paid under this regulation shall be
deemed to be an allowance for the purposes of regulation 19.
(3) This regulation shall be deemed to have come into
operation on 1st April 1970.

18A. A cost of living allowance, on the same basis as is paid
to public officers, shall, with effect from 1st January 1981, be
paid to each Judge.

EXEMPTION FROM INCOME TAX
19. Every allowance payable under these Regulations shall
be exempt from payment of income tax and any other tax.

Medical
treatment.

Ch. 12. No. 9.
(1950 Ed.)

Telephone
allowance.

Cost of living
allowance.
[50/1985.
114/1990].

Exemption from
income tax.
[114/1990.
214/1997].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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[Subsidiary]
26 Chap. 6:02 Judges Salaries and Pensions

LAWS OF TRINIDAD AND TOBAGO

JUDGES (SALARIES AND PENSIONS)
REGULATIONS

made under section 16

1. These Regulations may be cited as the Judges (Salaries
and Pensions) Regulations.

2. In these Regulations, “the Act” means the Judges
Salaries and Pensions Act.

3. The salary and pension payable to a Judge shall be
exempt from the payment of income tax and any other tax.

4. (1) The pension payable to the widowed spouse of a
Judge, in accordance with sections 12 and 13 of the Act, shall be
exempt from the payment of income tax and any other tax.
(2) This regulation is deemed to have come into effect
on 1st April 1997.

202/1997.

Citation.

Interpretation.

Exemption from
income tax—
salaries and
pensions of
Judges.
Exemption from
income tax—
pension payable
to a widowed
spouse.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt