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Municipal
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–30 ..


L.R.O.

*By implication
†See Note on page 2

Act
29 of 1936
Amended by
3 of 1944
12 of 1954
27 of 1956
12 of 1957
*18 of 1960
13 of 1965
15 of 1984
5 of 1985
*9 of 1987
*19 of 1989
20 of 1997
†17 of 2007
†30 of 2007
†1 of 2009
†13 of 2010
†2 of 2012

LAWS OF TRINIDAD AND TOBAGO

CHAPTER 25:05

MUNICIPAL CORPORATIONS (PENSIONS) ACT

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

2 Chap. 25:05 Municipal Corporations (Pensions)

LAWS OF TRINIDAD AND TOBAGO

Index of Subsidiary Legislation
Page

Pensionable Offices Resolution (84/1954) … … … … 22

Note on Date of Commencement
The amendments made to sections 5(1)(b), and (4) and 19(2) by Act No. 5 of 1985 are deemed
to have come into operation on 1st January 1977.

Note on Section 2
Section 274 of the Municipal Corporations Act, 1990 (Act No. 21 of 1990) provides as follows:
274. The following written laws are repealed:
(a) Port-of-Spain Corporation Ordinance, Ch. 39. No. 1 (1950 Ed.);
(b) San Fernando Corporation Ordinance, Ch. 39. No. 7 (1950 Ed.);
(c) Arima Corporation Ordinance, Ch. 39. No. 11 (1950 Ed.);
(d) Point Fortin Corporation Act, No. 12 of 1980;
(e) County Councils Act, Ch. 25:04;
(f) the electoral Candidates (Municipal Corporations) Qualification Act, 1987.
The Corporations mentioned in section 2 should now be read in accordance with Act
No. 21 of 1990.

Note on Adaptation
Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the Commission
amended certain references to public officers in this Chapter. The Minister’s approval of the
amendments was signified by LN 120/1980, but no marginal reference is made to this Notice
where any such amendment is made in the text.

Note on Act No. 17 of 2007
Section 25 of Act No. 17 of 2007 provides that the amendments to sections 10 and 17 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 10 and 17 shall come
into effect from 1st October 2007.

Note on Act No. 1 of 2009
Section 16 of Act No. 1 of 2009 provides that the amendments to sections 10 and 17 shall come
into effect from 1st October 2008.

Note on Act No. 13 of 2010
Section 26 of Act No. 13 of 2010 provides that amendments to sections 10 and 17 shall come
into effect from 1st September 2010.

Note on Act No. 2 of 2012
By Act No. 2 of 2012 Sections 14A and 14B took effect from 1st January 2004.UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Municipal Corporations (Pensions) Chap. 25:05 3

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L.R.O.

CHAPTER 25:05

MUNICIPAL CORPORATIONS (PENSIONS) ACT
ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Application.
3. Interpretation.
4. Pension, etc., not of right.
5. Service for pension.
6. Retirement.
7. Circumstances in which pensions, etc., may be granted.
8. Liability of pensioners to be called upon to take further employment.
9. Maximum pension.
10. Pensions to whom and at what rate to be granted.
11. Period of service qualifying for pension or gratuity defined.
12. Computation of pensions and gratuities. Periods of service and absence.
Absence on half-pay leave.
War service.
Periods not taken into account.
13. Service in a temporary capacity.
14. Computation of pensions, etc., on what emoluments to be based.
14A. Computation of pension in acting capacity prior to compulsory

retirement.
14B. Computation of pension on promotion following acting, prior to

compulsory retirement.
15. Rates of pension or gratuity when office abolished.
16. Officers retiring on account of injuries.
17. Gratuity and reduced pension.
18. (Deleted by Act No. 5 of 1985).
19. Gratuities.
20. (Deleted by Act No. 5 of 1985).
21. Gratuity where officer dies in service of Corporation.
22. Gratuity to temporary employee.
23. Pensions not assignable or attachable.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

4 Chap. 25:05 Municipal Corporations (Pensions)

LAWS OF TRINIDAD AND TOBAGO

ARRANGEMENT OF SECTIONS—Continued
SECTION
24. Council may apply part of a person’s pension towards the

maintenance of his wife or children.
25. Pensions to cease on bankruptcy.
26. Pensions, etc., to cease on conviction.
27. Pensions and gratuities to be charged to fund from which officer or

employee was paid.
28. Application of the Act to officers.
29. Repeals.
Saving.
30. Application.
31. Saving.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Municipal Corporations (Pensions) Chap. 25:05 5

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L.R.O.

CHAPTER 25:05

MUNICIPAL CORPORATIONS (PENSIONS) ACT
An Act to regulate Pensions, Gratuities and other allowances to

be granted in respect of the service of persons employed
by Municipal Corporations in Trinidad and Tobago.

*[31ST DECEMBER 1936]
1. This Act may be cited as the Municipal Corporations
(Pensions) Act.
†2. (1) This Act applies to the following Corporations:
(a) the City of Port-of-Spain, established under the

Port-of-Spain Corporation Ordinance;
(b) the City of San Fernando, established under the

San Fernando Corporation Ordinance;
(c) the Borough of Arima, established under the

Arima Corporation Ordinance;
(d) the Borough of Point Fortin established under

the Point Fortin Corporation Act 1980.
(2) The President may by Order extend the application
of this Act to any municipality established hereafter.
3. (1) In this Act—
“Corporation” means the Corporation and Boroughs respectively

referred to in section 2;
“Council” means the Council of any such Corporation

or Borough;
“officer” means a person substantively appointed by resolution of

the Council to a permanent office in the service of the
Corporation for which separate provision is made in the
annual estimates, provided that such office has been declared
to be a pensionable office by resolution of the Council
approved by resolution of Parliament and published in
the Gazette;

1950 Ed.
Ch. 39. No. 11.
29 of 1936.

Commencement.

Short title.

Application.
[5 of 1985].
Ch. 39. No. 1.
(1950 Ed.).

Ch. 39. No. 7.
(1950 Ed.).

Ch. 39. No. 11.
(1950 Ed.).

Act No. 12 of
1980.

Interpretation.
[20 of 1997].

*See Note on Date of Commencement on page 2 with respect to sections 5 and 19.
†See Note on section 2 on page 2.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

6 Chap. 25:05 Municipal Corporations (Pensions)

LAWS OF TRINIDAD AND TOBAGO

“pensionable emoluments” includes salary, personal allowance,
house allowance or the estimated value of free quarters but
the amount to be allowed for house rent or for estimated
value of free quarters shall not exceed one-sixth of the
actual salary of the office;

“personal allowance” means a special addition to salary granted
personally to the holder for the time being of the office;

“salary” means the actual salary attached to an office;
“service” means employment by and service in a Corporation;

and in respect of the Port-of-Spain Corporation includes any
unbroken period of the service of an officer appointed by
resolution of any of the preceding Port-of-Spain
Corporations who continued without interruption in the
service of the present Corporation;

“temporary employee” means a servant or employee of the
Corporation other than an “officer” as hereinbefore defined,
and includes labourers and others paid out of a block vote
whether employed by the day, week or month.

(2) For the purposes of this Act, service is not broken
where it is interrupted by one or a combination of the following:
(a) one day;
(b) weekends;
(c) public holidays.
4. (1) No officer shall have an absolute right to compensation
for past services or to pension, gratuity or other allowance under
this Act, nor shall anything herein contained limit the right of the
Council to dismiss any officer without compensation.
(2) Where it is established to the satisfaction of the
Council that an officer has been guilty of negligence, irregularity
or misconduct, the pension, gratuity or other allowance may be
reduced or altogether withheld.
5. (1) No pension, gratuity or other allowance shall be
granted to any officer in respect of any service—
(a) while on probation or agreement unless without

break of service he is confirmed in a pensionable
office; or

Pension, etc.,
not of right.

Service for
pension.
[13 of 1965
5 of 1985].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Municipal Corporations (Pensions) Chap. 25:05 7

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

(b) while under the age of seventeen years, or after
having attained the age of sixty years.

(2) Only service in a pensionable office shall be taken
into account in computing pensions except, that where an
unbroken period of service under the Corporation otherwise than
in a pensionable office is immediately followed by service in a
pensionable office, that period of service may, with the approval
of the Council be taken into account.
(3) In determining for the purposes of subsection (2)
whether any period of service is unbroken or whether one period
of service is immediately followed by another period of service,
any break of service which may be disregarded for the purposes
of section 11 shall similarly be disregarded.
(4) (Repealed by Act No. 20 of 1997).
6. An officer may retire from the service of the Corporation—
(a) at any time after he attains the age of fifty-five

years; or
(b) with the approval of the Council at any time

after he attains the age of fifty years,
and shall retire from the service on attaining the age of sixty years.
7. (1) Except in the cases mentioned below no pension,
gratuity, or other allowance shall be granted to any officer
who on leaving the service has not attained the age of fifty-five
years unless—
(a) having attained the age of fifty years he retires

with the permission of the Council; or
(b) the cause of his leaving is that he is incapable,

by reason of some infirmity of mind or body, of
discharging the duties of his office and
the infirmity—

(i) is likely to be permanent; and
(ii) is established by medical evidence to the

satisfaction of the Council.
(2) Where an officer is removed from his office on the
ground of his inability to discharge efficiently the duties thereof,

Retirement.
[13 of 1965].

Circumstances
in which
pensions, etc.,
may be granted.
[27 of 1956
13 of 1965].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

8 Chap. 25:05 Municipal Corporations (Pensions)

LAWS OF TRINIDAD AND TOBAGO

and a pension, gratuity, or other allowance cannot otherwise be
granted to him under the provisions of this Act, the Council may if
they consider it justifiable, having regard to all the circumstances
of the case, grant such a pension, gratuity, or other allowance as
they think just and proper, but in no case exceeding in amount that
for which the officer would be eligible if he were suffering from
some infirmity of mind or body likely to be permanent.
(3) If any officer holding a pensionable office retires or
is removed from the service in consequence of the abolition of his
office, or for the purpose of facilitating improvements in the
organisation of the department to which he belongs, by which
greater efficiency and economy can be effected, he may be
granted a temporary pension, subject to the condition that he
holds himself ready to be recalled to service. However, if the
officer is not qualified for other employment or if there is no
reason, in the opinion of the Council, to expect that he can be
re-employed, a pension may be granted to him free from the
above-mentioned condition.

8. Every pension granted to an officer shall be subject to
the following condition:
(a) unless or until he has attained the age of

fifty-five years, he may, if physically fit for
service, be called upon by the Council to accept,
in lieu of his pension, an office in the service
of the Corporation not less in value than the
office which he held at the date of the grant of
his pension;

(b) if a pensioner so called upon declines to accept
the office for which he may have been selected
the payment of his pension may be suspended,
until he has attained the age of fifty-five years.

9. No pension granted to an officer under this Act shall
exceed two-thirds of the highest pensionable emoluments drawn
by the officer at any time in the course of his service.

Liability of
pensioners to be
called upon to
take further
employment.
[27 of 1956].

Maximum
pension.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Municipal Corporations (Pensions) Chap. 25:05 9

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L.R.O.

Pensions to
whom and at
what rate to be
granted.
[17 of 2007
30 of 2007
1 of 2009
13 of 2010].

Period of
service
qualifying for
pension or
gratuity defined.
[5 of 1985
20 of 1997].

Computation of
pensions and
gratuities.
Periods of
service and
absence.

Absence on
half-pay leave.

War service.

Periods not
taken into
account.

10. Subject to the provisions of this Act every officer
holding a pensionable office in the service of the Corporation
who has been in such service for ten years or upwards may be
granted on his retirement the sum of three thousand dollars per
month or a pension at the rate of 1⁄600ths of his pensionable
emoluments in respect of each complete month of service until
the maximum of two-thirds (400⁄600ths) is reached whichever is
the greater.

11. (1) Subject to the provisions of this Act service qualifying
for pension, gratuity or allowance, as the case may be, shall be the
inclusive period between the date on which an officer begins to
draw salary or half salary from the funds of the Corporation and the
date of his leaving the service of the Corporation.
(2) No pension, gratuity or other allowance shall be
granted in respect of a period of service that is broken by suspension,
dismissal or removal in consequence of disciplinary proceedings.

12. (1) For the purpose of computing the amount of an
officer’s pension, gratuity or allowance, the following periods
shall be taken into account as pensionable service:
(a) any periods during which he has been on duty;
(b) any periods during which he has been absent

from duty on leave with full pay.
(2) The periods during which an officer has been absent
on leave on half-pay shall, for the purposes of this Act, be counted
at the rate of one month for every two months of such period.
(3) Any period during which an officer absent on leave
from Trinidad and Tobago has, with the consent of the Minister
served with the armed forces of the United Kingdom during the
war which began on 4th August 1914, or in any other capacity
connected with the state of war, may be counted as service on
full pay.
(4) Any period during which he has been absent on
leave, other than those specified above, shall be deducted from
the officer’s total service in order to arrive at his period of
pensionable service.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

10 Chap. 25:05 Municipal Corporations (Pensions)

LAWS OF TRINIDAD AND TOBAGO

Service in a
temporary
capacity.
[20 of 1997].

Computation of
pensions, etc.,
on what
emoluments to
be based.
[12 of 1954].

13. Where an officer has performed service in a temporary
capacity in a pensionable office, the period of such service may
be taken into account as pensionable service provided that—
(a) (Deleted by Act No. 20 of 1997);
(b) this period of service is immediately preceded

or followed by service in Trinidad and Tobago
in a substantive capacity in a pensionable office.

14. (1) For the purpose of computing the amount of an
officer’s pension, or gratuity, or allowance—
(a) in the case of an officer who has held one office

for a period of three years immediately
preceding the date of his retirement, the full
pensionable emoluments payable to him at that
date in respect of that office shall be taken;

(b) in the case of an officer who at any time during
such period of three years has been transferred
from one office to another, but whose
pensionable emoluments have not been changed
by reason of the transfer or transfers, the full
pensionable emoluments payable to him at the
date of his retirement in respect of the office
held by him shall be taken;

(c) in other cases one-third of the aggregate
pensionable emoluments payable to the officer
in respect of his service during the three years
shall be taken but—

(i) if such one-third is less than the full
pensionable emoluments which were
payable to him at the date of his transfer
within such period of three years the
Council may grant him a pension
calculated on the full pensionable
emoluments payable to him at that date;

(ii) if such one-third is less than the full
pensionable emoluments which would
have been enjoyed by him at the date of

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Municipal Corporations (Pensions) Chap. 25:05 11

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L.R.O.

his retirement, if he had continued to hold
any office from which he had been
transferred at any time during such period
of three years, and had received all
increments which in the opinion of the
Council, would have been granted to him,
the full pensionable emoluments which
would have been so payable to him shall
be taken.

For the purposes of calculating pensionable emoluments
under this paragraph the officer shall be deemed to have been on
duty on full pensionable emoluments throughout the three years.
(2) This section shall be deemed to have come into
operation on lst January 1952.

*14A. (1) Where an officer who immediately prior to—
(a) the date of his compulsory retirement; or
(b) the date on which he proceeds on annual leave

prior to the date of compulsory retirement,
has acted in a higher office for a period of three continuous years,
that officer shall be eligible to have his pension, gratuity or other
allowance calculated as if he were confirmed in that higher office
and for the purpose of computing such pension, gratuity or other
allowance, he shall be deemed to be an officer to whom section
14(1)(a) of the Act applies.
(2) Where an officer who immediately prior to—
(a) the date of his compulsory retirement; or
(b) the date on which he proceeds on annual leave

prior to the date of compulsory retirement,
has acted in a higher office for a period of twelve continuous
months but less than three continuous years, that officer shall be
eligible to have his pension, gratuity or other allowance
calculated as if he were confirmed in that higher office during

Computation of
pension in
acting capacity
prior to
compulsory
retirement.
[2 of 2012].

*See note on page 2.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

12 Chap. 25:05 Municipal Corporations (Pensions)

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that period and for the purpose of computing such pension,
gratuity or other allowance, he shall be deemed to be an officer
to whom section 14(1)(c) of the Act applies.

*14B. Where an officer who is promoted to a higher office
having acted in that higher office, retires compulsorily, and the
period of acting together with his service in the office to which
he has been promoted amounts to a period of not less than—
(a) three continuous years, he shall be eligible to

have his pension, gratuity or other allowance
calculated as if he had held that higher office
during the entire period and for the purpose of
computing such pension, gratuity or other
allowance, he shall be deemed to be an officer to
whom section 14(1)(a) of the Act applies; and

(b) twelve continuous months but less than three
continuous years, he shall be eligible to have his
pension, gratuity or other allowance calculated
as if he had held that higher office during that
period and for the purpose of computing such
pension, gratuity or other allowance, he shall
be deemed to be an officer to whom
section 14(1)(c) of the Act applies.

15. (1) In the case of an officer who retires, or is removed
from office, in circumstances contemplated by section 7(3) and
who is otherwise eligible for pension, his pension may be
increased at the rate of the number of 720ths of his pensionable
emoluments exceeding the pension allowed under section 10 by
the numbers following, that is to say:
In the case of an officer who has served—
(a) 20 years and upwards: 60;
(b) less than 20 years, but not less than 17 years: 48;
(c) less than 17 years, but not less than 15 years: 36;
(d) less than 15 years, but not less than 12 years: 24;
(e) less than 12 years, but not less than 10 years: 12.

Computation of
pension on
promotion
following
acting, prior to
compulsory
retirement.
[2 of 2012].

Rates of pension
or gratuity when
office abolished.

*See note on page 2.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Municipal Corporations (Pensions) Chap. 25:05 13

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L.R.O.

Officers retiring
on account of
injuries.

(2) No additional pension shall be granted under
subsection (1) 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 Corporation or
than the pension for which he would have qualified by length of
service on reaching the age of sixty years whichever shall be the
lower amount.
(3) If the officer has been in the service of the
Corporation for less than the qualifying period of ten years, he
may be granted a pension calculated in accordance with section 10
as if there had been no qualifying period.

16. (1) Where an officer has been permanently injured—
(a) in the actual discharge of his duty;
(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 be granted in respect of the injury in addition
to his pension, if any, granted to him under this Act an annual
allowance in proportion to the extent of his injury as follows:
When his capacity to contribute to his support is—
slightly impaired 60⁄720ths.
impaired 120⁄720ths.
materially impaired 180⁄720ths.
totally destroyed 240⁄720ths.
However, no such allowance shall, together with the pension,
exceed 600/720ths of his pensionable emoluments at the date of the
injury.
(2) The allowance shall be less than the above-
mentioned maximum by such amount as the Council think
reasonable in the following cases:
(a) where the injured officer has continued to serve

for not less than one year after the injury in
respect of which he retires;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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14 Chap. 25:05 Municipal Corporations (Pensions)

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(b) where the injured officer is fifty years of age or
upwards at the date of the injury; or

(c) where the injury is not the sole cause of
retirement, for instance if the retirement is caused
partly by age or infirmity not due to the injury.

(3) When the officer so injured is a pensionable officer
but has less than ten years’ service, and he is not eligible for an
ordinary pension, he may be granted in lieu of a gratuity an
annual allowance of so many 720ths as the number of months he
has actually served, in addition to the number of 720ths that may
be awarded to him under subsections (1) and (2).
(4) An officer so injured who is not qualified for either
a pension under section 10 or a gratuity under section 19(1) may
nevertheless be granted a pension of the same amount as the
additional pension which he might have been granted if he had
been so qualified.
17. (1) An officer to whom a pension is granted under this
Act shall, if he has exercised his option as hereinafter provided,
but not otherwise, be paid in lieu of the pension a pension at the
rate of three-fourths of the pension or the sum of three thousand
dollars per month, whichever is the greater, together with a
gratuity equal to twelve and one-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 the
officer’s retirement.
(3) Subject to subsection (2) if an officer has exercised
the option, his decision shall be irrevocable so far as concerns
any pension to be granted to him under this Act.
(4) The date of the exercise of the option by an officer
shall be deemed to be the date of the receipt of his written
notification addressed to the Town Clerk.
(5) An officer who is permitted to continue in the
service of the Corporation after he attains the age of sixty years,

Gratuity and
reduced
pension.
[27 of 1956
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

Municipal Corporations (Pensions) Chap. 25:05 15

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L.R.O.

Gratuities.
[5 of 1985
20 of 1997].

Ch. 23:59.

Gratuity where
officer dies in
service of
Corporation.
[27 of 1956
12 of 1957].

at his own request and not for the convenience of the said service,
shall, subject to the provisions of this Act, be granted on his
retirement an unreduced pension notwithstanding that he may
have opted for a reduced pension and gratuity.

18. (Deleted by Act No. 5 of 1985).

19. (1) An officer, otherwise qualified for a pension, who
has not completed ten years’ service may be granted on
retirement a gratuity not exceeding five times the annual amount
of the pension which if there had been no qualifying period might
have been granted to him under section 10.
(2) Subject to subsection (3), where a female officer,
having completed not less than five years’ service in the
Corporation, resigns from the service on or with a view to
marriage, or is required to retire from the service on account of her
marriage, she may be granted on production within six months
after her resignation or retirement, or such longer period as the
Council may in any particular case allow, of satisfactory evidence
of her marriage, a gratuity computed either on the basis of one
month’s salary for each year of service to a maximum of twelve
months, or a commuted pension gratuity, whichever is greater.
However, the gratuity shall not, in the case where the officer
resigns on or with a view to marriage, exceed one year’s
pensionable emoluments.
(3) This section only applies to a person who was a
female officer immediately before the commencement of the
Law Reform (Pensions) Act.

20. (Deleted by Act No. 5 of 1985).

21. (1) When an officer who is not serving on probation or
agreement, dies while in the service of the Corporation, the
Council may grant to the legal personal representative of the
officer, a gratuity of an amount not exceeding one year’s
pensionable emoluments of such officer or his commuted
pension gratuity, if any, whichever is the greater.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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16 Chap. 25:05 Municipal Corporations (Pensions)

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(2) For the purposes of this section the expression
“commuted pension gratuity” means the gratuity, if any,
calculated in the manner prescribed in section 17 which might
have been granted to the officer if he had retired immediately
before his death in circumstances rendering him eligible to receive
a gratuity and reduced pension instead of an unreduced pension.
22. (1) A temporary employee may, in the circumstances
contemplated by this section as hereinafter set forth, be granted,
unless the Council otherwise directs, a gratuity not exceeding
twelve days’ pay for each year of effective service under
the Corporation.
(2) The circumstances contemplated by this section are
that the service of the temporary employee is terminated in
consequence of the abolition of his office, or because his services
through no default of his own are no longer required, or for the
purpose of facilitating improvements in the organisation of the
department to which he belongs by which economy can be
effected, or on his being found to the satisfaction of the Council to
be medically unfit for further service, or on or after his attaining
the age of sixty years; and that in any such case he has been in the
service of the Corporation for not less than seven years.
(3) No temporary employee shall be permitted to remain
in the service of the Corporation after he attains the age of sixty-
five years.
(4) In the case of a temporary employee who is
permanently disabled by severe bodily injury sustained in the
course of his employment under the Corporation through no default
of his own, the Council may, if they consider the circumstances
justify such a course, grant to such employee a pension in lieu of the
gratuity provided by subsections (1) and (2).
However, in any such case, the pension granted shall not
exceed three-quarters of what might have been granted had the
employee been an officer holding a pensionable office and the
number of months’ service in respect of which such pension shall
be granted shall be twelve times the number of years of effective
service for which the employee has worked for the Corporation
without a break.

Gratuity to
temporary
employee.
[3 of 1944
27 of 1956
12 of 1957
20 of 1997].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Municipal Corporations (Pensions) Chap. 25:05 17

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Ch. 23:59.

Pensions not
assignable or
attachable.

Council may
apply part of a
person’s pension
towards the
maintenance of
his wife
or children.

(5) When a temporary employee dies while in the service
of the Corporation and a gratuity would have been payable under
this section if he had been retired as medically unfit on the day on
which he died, the Council may grant a gratuity not exceeding the
amount of the gratuity which would have been so payable or the
amount of nine months’ pay of such temporary employee,
whichever shall be the greater, and such gratuity shall be payable
to his legal personal representative.
For the purposes of this section the pay of the employee shall
be the rate at which he was last paid before death.
(6) For the purposes of this section, the expression “year
of effective service” means a period of 250 days’ work performed
within one calendar year.
(7) In relation to persons who are temporary employees
of the Corporation on 30th March 1944, the interpretation of the
expression “year of effective service” given by this section shall
apply to service before as well as after the above-mentioned date.
(8) Notwithstanding subsections (1) to (7), a temporary
employee shall not be granted a gratuity or pension under this
section if he is entitled to superannuation benefits by virtue of the
provisions of the Law Reform (Pensions) Act.

23. 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 Corporation and
except as provided for in section 24.

24. (1) Where an order of maintenance has been made by a
Court of competent jurisdiction against any person to whom a
pension has been granted, the Council on its being proved to
them that there is no reasonable probability of such order being
satisfied, may from time to time deduct from the moneys payable
to such person by way of pension such sum or sums as the
Council may deem expedient, and apply the same to satisfy
wholly or in part the order.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

18 Chap. 25:05 Municipal Corporations (Pensions)

LAWS OF TRINIDAD AND TOBAGO

(2) Where any person to whom a pension has been
granted has left Trinidad and Tobago and deserted and left his wife
or child within Trinidad and Tobago without sufficient means of
support, the Council, on being satisfied that the wife or child is by
reason of such person’s absence from Trinidad and Tobago
unable, and would but for the absence be able, to obtain an order
of maintenance, may from time to time deduct from the moneys
payable to such person by way of pension such sum or sums as
the Council may deem expedient, and may apply the same for the
maintenance and support of the wife or child.
(3) Where any person to whom a pension has been
granted has been adjudicated a person of unsound mind and has a
wife or a child or children living, the Council may deduct from the
moneys payable to such person by way of pension such sum or sums
as they may deem expedient and apply the same for the maintenance
and support of the wife or any child or children of such person.

25. (1) If an officer to whom a pension or other allowance
has been granted under this Act is adjudicated a bankrupt or is
declared insolvent by judgment of the Court, then the pension or
allowance shall forthwith cease.
(2) In any case where a pension or allowance ceases by
reason of the bankruptcy or insolvency of the pensioner, the
Council, may from time to time during the remainder of the
pensioner’s life, or during such shorter period or periods, either
continuous or discontinuous, as the Council think fit, cause all or
any part of the moneys to which the pensioner would have been
entitled by way of pension or allowance, had he not become
bankrupt or insolvent, to be paid to or applied for the
maintenance and personal support or benefit of all or any, to the
exclusion of the other or others, of the following persons, namely
the pensioner and any wife, child or children of his, in such
proportions and manner as the Council think proper, and such
moneys shall be paid or applied accordingly.

26. (1) If any officer to whom a pension or other allowance
has been granted under this Act is sentenced to a term of
imprisonment by any competent Court whether within or without

Pensions to
cease on
bankruptcy.

Pensions, etc.,
to cease on
conviction.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Municipal Corporations (Pensions) Chap. 25:05 19

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Pensions and
gratuities to
be charged to
fund from
which officer
or employee
was paid.

Application of
the Act to
officers.

Repeals.
Saving.

Ch. 224
(1925 Ed.).

18 of 1927.

Trinidad and Tobago for any crime or offence, then, in every
such case, the Council may direct that the pension or allowance
shall forthwith cease, provided that the pension or allowance
shall be restored with retrospective effect in the case of a person
who after conviction at any time receives a free pardon.
(2) Where a pension or allowance ceases under
subsection (1), the Council may cause all or any part of the
moneys to which the pensioner would have been entitled by way
of pension or allowance to be paid to or applied for the benefit of
any wife, child or children of the pensioner, or, after the expiration
of his sentence, also for the benefit of the pensioner himself, in the
same manner precisely and subject to the same qualifications and
restrictions as in the case of bankruptcy hereinbefore provided.

27. Every pension or gratuity granted to any officer or
servant of the Corporation under this Act shall be charged to and
paid out of the fund or funds on which the salary, wages, or
emoluments of the officer or servant would have been charged
or paid if he had continued in his office or service.

28. The provisions of this Act apply—
(a) to all officers appointed to the service of the

Corporation after the commencement of this
Act; and

(b) to all officers in the service of the Corporation at
the commencement of this Act unless within
three months of the commencement any such
officer has given notice in writing to the Town
Clerk of his desire that the enactments repealed
by this Act shall continue to apply to him.

29. Notwithstanding the repeal of the following enactments:
(a) sections 38 to 45 (inclusive) of the Port-of-Spain

Corporation Ordinance (Ch. 224 of the 1925
Revised Laws);

(b) the Port-of-Spain Corporation (Amendment)
Ordinance 1927;

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

20 Chap. 25:05 Municipal Corporations (Pensions)

LAWS OF TRINIDAD AND TOBAGO

(c) sections 60 to 66 (inclusive) of the Municipal
Corporations Ordinance (Ch. 230 of the
1925 Revised Laws),

the provisions of the repealed enactments shall continue to apply
to any officer who has given the notice specified in section 28(b),
and nothing contained in this Act shall affect the pensions granted
to any persons who have retired from the service of any of the
Corporations before 31st December 1936.
30. (1) Sections 7(1), 8, 17 and 21 apply—
(a) to all officers appointed to the service of the

Corporation after the commencement of the
Municipal Corporations (Pensions) (Amendment)
Ordinance 1956 (that is, 7th June 1956); and

(b) to all officers in the service of the Corporation
at the commencement of the Municipal
Corporations (Pensions) (Amendment)
Ordinance 1956 (that is, 7th June 1956) unless
within three months of the commencement any
such officer has given notice in writing to the
Town Clerk of his desire that the provisions of
this Act before 7th June 1956 shall continue to
apply to him.

(2) Section 22(1), (2), (3), (4) and (5) apply to all
temporary employees but subsection (3) does not apply to any
temporary employee who at the commencement of the Municipal
Corporations (Pensions) (Amendment) Ordinance 1956 (that is,
7th June 1956) has attained the age of sixty-five years.

31. At the date of commencement of the Municipal
Corporations (Pensions) Ordinance (Amendment) Act 1965, (that
is, 1st July 1965) every officer in the service of the Corporation
who has attained the age of sixty years, shall retire from that
service; but—
(a) nothing in section 5 affects any right of such a

person to a pension in respect of service which
counted for pension immediately before that
date; and

Ch. 230
(1925 Ed.).

Application.
[27 of 1956].

Saving.
[13 of 1965].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

(b) nothing in this Act or in any other Act shall
be taken as precluding the Council of a
Corporation from appointing a person who has
attained the age of sixty years to an office under
the Corporation, either temporarily or at the
pleasure of the Council, if the exigencies of the
service so require.

Municipal Corporations (Pensions) Chap. 25:05 21

LAWS OF TRINIDAD AND TOBAGO

L.R.O. UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

22 Chap. 25:05 Municipal Corporations (Pensions)

LAWS OF TRINIDAD AND TOBAGO

SUBSIDIARY LEGISLATION

PENSIONABLE OFFICES RESOLUTION
passed in accordance with section 3

It has been resolved that the offices listed in the Schedule
have been declared pensionable offices.

SCHEDULE

ARIMA BOROUGH

PART I

Town Assessor and General Assistant
Market Clerk
Waterworks Foreman and Reservoir Keeper
Borough Corporal
General Foreman
Stenographer
Clerical Officer, Grade I
Clerical Officer, Grade II
Clerk/Storekeeper
Borough Constable
Messenger
Janitor/Caretaker
Building Inspector
Charge Hand
Market Porter
Abattoir Keeper
Chief Public Health Inspector
Public Health Inspector
Keeper of Parks and Recreation Grounds with effect from 1st January 1964.

Present Title Former Title
Accountant I Assistant Town Clerk
Town Assessor I Town Assessor
Clerk II Clerical Officer Grade I
Clerk Stenographer II Stenographer
Clerk I Clerical Officer Grade II

[194/1955
184/1956
126/1959
45/1964
32/1973
145/1973
67/1975
93/1987].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Pensionable Offices Resolution [Subsidiary]
Municipal Corporations (Pensions) Chap. 25:05 23

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Present Title Former Title
Clerk I Market Clerk
Storekeeper I Clerk Storekeeper
Police Corporal Borough Corporal
Police Constable Borough Constable
Messenger I Messenger
Building Inspector I Building Inspector
Works Foreman II Foreman (Works)
Works Foreman I Chargehand
Public Health Inspector III Chief Public Health Inspector III
Public Health Inspector I Public Health Inspector I
Abattoir Attendant Abattoir Keeper
Market Attendant Market Porter
Auditing Assistant with effect
from 24th May 1972.

PART II
The following offices have been declared pensionable offices with effect from
1st January 1977:

Deputy Town Clerk
Public Health Inspector II
Cashier I
Clerk Stenographer III
Police Sergeant
Clerk III
Cleaner I
Clerk Typist I

PART III
The following offices have been declared pensionable offices with effect from
18th October 1979:

Medical Officer of Health
Draughtsman I
Police Inspector
Engineering Assistant II
Work Supervisor I
Public Health Nurse
Sanitation Foreman II
Accountant II
Clerk IV
Stores Attendant
Maid I

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

[Subsidiary] Pensionable Offices Resolution
24 Chap. 25:05 Municipal Corporations (Pensions)

LAWS OF TRINIDAD AND TOBAGO

Duplicating Machine Operator
Town Assessor II
Auditor I
Building Inspector II
Works Supervisor II
Workshop Foreman
Sanitation Foreman III
Administrative Assistant
Accounting Assistant
Personnel and Industrial Relations Officer II
Messenger I
Vault Attendant

PART IV
Storekeeper II (declared a pensionable office with effect from 8th April 1982).

PORT-OF-SPAIN CORPORATION
IN ALL DEPARTMENTS AND INSTITUTIONS
All Principal Assistants
All Principal Officers
All Senior Clerks
All First Class Clerks
All Second Class Clerks
All Typists
All Messengers
Draughtsmen
Assistant Draughtsmen
All Departmental Clerks
All Telephone Operators
Administrative Assistant
Receptionist
Assistant Health Education Officer

IN THE TOWN CLERK’S DEPARTMENT
The Town Clerk (also Secretary, Local Health Authority)
The Deputy Town Clerk
The Shorthand Writer
The Telephone Operator and Receptionist
The Office Keeper and Caretaker

[162/1957
161/1959
60/1964
277/1971
39/1982
169/1983
178/1983
66/1991].

ARIMA BOROUGH — (Continued)

PART III — (Continued)

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Pensionable Offices Resolution [Subsidiary]
Municipal Corporations (Pensions) Chap. 25:05 25

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

The Vault Keeper
The Machine Operator
All Vari-typists
Proof Reader

IN THE CITY TREASURER’S DEPARTMENT
The City Treasurer
The Accountant
The Assistant Accountant
The Cashier
The Paymaster

IN THE CITY ENGINEER’S DEPARTMENT
The City Engineer
The Assistant City Engineer
The Additional Engineers
The Building Inspectors
All Assistant Building Inspectors
The Draughtsman
All Assistant Draughtsmen
The Chief Overseer
All Overseers
All Sub-Overseers
The Maintenance Mechanic
The Storekeeper

IN THE WATER AND SEWERAGE WORKS DEPARTMENT
The Water and Sewerage Works Engineer
Deputy Water and Sewerage Works Engineer
The Foreman Water and Sewerage Works
All District Waterworks Foremen
The Engineering Assistants
The Inspector of Maintenance and Works
All Turncocks
All Reservoir Keepers
All Head Engine Drivers
All Assistant Head Engine Drivers
The Meter Shop Foreman
All Meter Readers
Waste Detection and Prevention Officers
The Sewerage Works Sub-Foreman
All Assistant Sewerage Works Sub-Foremen

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

[Subsidiary] Pensionable Offices Resolution
26 Chap. 25:05 Municipal Corporations (Pensions)

LAWS OF TRINIDAD AND TOBAGO

IN THE CITY ASSESSOR’S DEPARTMENT
The City Assessor
The Deputy City Assessor
All Valuation Assistants

Present Title Former Title
Accountant II Assistant Accountant
Accountant II Principal Assistant
Accountant I Principal Officer
Auditor I Principal Officer
Auditing Assistant Senior Clerical Officer
Accounting Assistant Principal Officer
Accounting Assistant Clerical Officer, Grade I
Works Supervisor III Additional Engineer
Works Supervisor II Chief Overseer
Works Supervisor I Overseer
Engineering Assistant Draughtsman
Assistant Works Supervisor Sub-Overseer
Plant Maintenance Mechanic Maintenance Mechanic
Storekeeper IV Storekeeper
Storekeeper I Stores Issuer
Works Foreman I Foreman, Eastern Market
Assistant Works Foreman Assistant Foreman, Eastern Market
Messenger I Messenger, Grade B
Cemetery Keeper II Keeper of Cemetery
Vari-Typist II Vari-Typist
Telephone Operator II Telephone Operator
Telephone Operator I Telephone Operator
Messenger I Messenger, Grade A
Cashier III Cashier
Paymaster II Paymaster
Valuation Assistant I Valuation Assistant
Draughtsman I Assistant Draughtsman
Building Inspector II Building Inspector
Building Inspector I Assistant Building Inspector
Police Inspector Inspector
Police Sergeant Sergeant
Police Corporal Corporal
Police Constable Constable

PORT-OF-SPAIN CORPORATION — (Continued)

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Pensionable Offices Resolution [Subsidiary]
Municipal Corporations (Pensions) Chap. 25:05 27

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

The undermentioned posts on the establishment of the Port-of-Spain
Corporation declared pensionable [in accordance with the provisions of the
Municipal Corporation (Pensions) Act] by resolution of the Senate and House
of Representatives—
Dog Catcher
Pound Keeper
Maintenance Repairman
Motor Vehicle Driver
Anti-Rabies Assistant II
Verbatim Reporter
Storekeeper III
Administrative Officer III
Engineering Assistant II
Assistant Superintendent of Police
Assistant Medical Officer of Health
Personnel and Industrial Relations Officer III
Personnel and Industrial Relations Officer I

Health Education Officer I which offices were reclassified as such with
Health Education Officer II effect from 1st January 1973.

Clerk Stenographer III
Clerk Typist I
Canine Control Worker
Warehouse Attendant

[39/1982].

[169/1983
178/1983].

[66/1991].

}

Office Effective Date
Visual Aids Officer … … … 23rd February 1979
Motor Vehicle Driver/Operator … … 31st January 1985
Public Health Medical Officer … … 18th October 1979
Storekeeper II … … … … 4th September 1975

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

[Subsidiary] Pensionable Offices Resolution
28 Chap. 25:05 Municipal Corporations (Pensions)

LAWS OF TRINIDAD AND TOBAGO

SAN FERNANDO CORPORATION
By section 4 of Act No. 18 of 1960 (as amended by Act No.17 of 1971)
the offices of the San Fernando Corporation in the departments respectively
set out in the first column below are declared to be pensionable offices and any
person substantively appointed to any of the offices shall be deemed to be an
officer for the purposes of the Municipal Corporations (Pensions) Act.

Department Office

Town Clerk Town Clerk
Assistant Town Clerk
Telephone Operator I

Accounts Borough Treasurer/Accountant
Paymaster I
Cashier II
Bookkeeping Machine Operator I
Accounting Assistant

Assessment Town Assessor II
Assistant Town Assessor
Valuation Clerk

Borough Engineer Borough Engineer
Works Supervisor III
Building Inspector I
Draughtsman I

Stores Storekeeper III

Parks and Playgrounds Grounds Foreman
[For service taken into account as pensionable service—see section 3 and
Part I of Schedule of Act No. 18 of 1960 (as amended by Act No. 17 of 1971)].

Cemetery Cemetery Keeper I

Streets Maintenance Works Supervisor II
Works Supervisor I

Transport Train Transport Supervisor

[60/1965
144/1973
84/1983].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

Pensionable Offices Resolution [Subsidiary]
Municipal Corporations (Pensions) Chap. 25:05 29

LAWS OF TRINIDAD AND TOBAGO

L.R.O.

Scavenging Sanitation Foreman III
Sanitation Foreman II

Cleaning of Cesspits Sanitation Foreman I

Infectious Diseases Public Health Nurse I
Clinic

Watch Police Inspector
Police Sergeant
Police Corporal
Police Constable

All Departments Clerk IV
Clerk III
Clerk II
Clerk I
Messenger I

Borough Engineer’s Department Town Superintendent
Borough Police Department Inspector

Clerk Typist I and II … … … … … 1.1.69
Clerk Stenographer II … … … … … 1.1.69
Auditor I … … … … … 1.1.71
Audit Assistant … … … … … 1.1.71
Dog Catcher … … … … … 1.1.71
Pound Keeper … … … … … 1.1.71

Deputy Town Clerk—1st January 1978;

Personnel and Industrial Relations Officer II—1st January 1978;

Personnel and Industrial Relations Officer I—1st January 1978.

Department Office

[184/1983].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt

[Subsidiary] Pensionable Offices Resolution
30 Chap. 25:05 Municipal Corporations (Pensions)

LAWS OF TRINIDAD AND TOBAGO

POINT FORTIN BOROUGH
The following offices have been declared pensionable offices with effect
from 24th March 1980:

Town Clerk
Deputy Town Clerk
Medical Officer of Health
Town Superintendent
Town Assessor II
Draughtsman I
Auditor I
Sergeant
Corporal
Constable
Building Inspector II
Works Supervisor II
Engineering Assistant
Works Supervisor I
Workshop Foreman
Works Foreman I
Public Health Inspector III
Public Health Inspector II
Public Health Inspector I
Sanitation Foreman III
Sanitation Foreman II
Administrative Assistant
Personnel and Industrial Relations Officer I
Accountant II
Accountant I
Accounting Assistant
Clerk IV
Clerk III
Clerk II
Clerk I
Storekeeper I
Stores Attendant
Clerk Stenographer III
Clerk Stenographer II
Clerk Typist I
Maid I
Messenger
Cleaner
Duplicating Machine Operator
Vault Attendant

[94/1987].

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt