Voluntary Termination of Employment
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Act
19 of 1989
Amended by
*4 of 1995 (By implication)
See Note on page 2
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–32 ..
VOLUNTARY TERMINATION OF
EMPLOYMENT ACT
CHAPTER 23:03
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
2 Chap. 23:03 Voluntary Termination of Employment
Index of Subsidiary Legislation
Page
Voluntary Termination of Employment Regulations (LN 95/1989) … 13
Delegation of Functions (Voluntary Termination of Employment) Order
(LN 143/1989) … … … … … 32
Note on Act No. 4 of 1995
Section 13 of Act No. 4 of 1995 provides as follows:
13. With respect to those persons who were separated from the T.D.A. under
the Voluntary Termination of Employment Act, 1989 and to whom a deferred
pension is due, the pension shall be paid by the Comptroller of Accounts in
accordance with the terms of that Act.”.
“Payments of
deferred
liabilities.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Voluntary Termination of Employment Chap. 23:03 3
CHAPTER 23:03
VOLUNTARY TERMINATION OF
EMPLOYMENT ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Eligible persons.
4. Application to terminate service.
5. Approval.
6. Delegation.
7. Benefits.
8. Payment of benefits.
9. Deferred pensions.
10. Extended meaning of “service”.
11. Re-employment.
12. Amendment of First Schedule.
13. Regulations.
FIRST SCHEDULE.
SECOND SCHEDULE.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
4 Chap. 23:03 Voluntary Termination of Employment
CHAPTER 23:03
VOLUNTARY TERMINATION OF
EMPLOYMENT ACT
An Act to provide for the early termination of their service by
certain persons employed in offices of a public nature, for
the benefits to which those persons thereupon become
entitled and for related purposes.
[2ND JUNE 1989]
1. This Act may be cited as the Voluntary Termination of
Employment Act.
2. (1) In this Act—
“Civil Service” means the Civil Service of Trinidad and Tobago
established by section 3 of the Civil Service Act;
“deferred pension” means a pension payable in accordance with
section 9(1);
“eligible person” means a person who, in accordance with
section 3(1) or (2), is eligible to make an application under
this Act;
“Minister” means the Minister responsible for the subject of
Finance;
“Municipal Corporation” means a corporation referred to in
section 2 of the Municipal Corporations (Pensions) Act;
“non-pensionable temporary employee” means a person who—
(a) holds an appointment to a temporary post that is
not pensionable under a pension Act;
(b) holds a temporary appointment to a post that is
pensionable under a pension Act, but has not
satisfied all the requirements for appointment to
the post; or
(c) is temporarily appointed to act in a post that is
pensionable under a pension Act but that is
substantively held by another person;
19 of 1989.
Commencement.
Short title.
Interpretation.
Ch. 23:01.
Ch. 25:05.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Voluntary Termination of Employment Chap. 23:03 5
“pension Act” means an Act referred to in the First Schedule
and includes any regulation or other statutory instrument
made thereunder;
“relevant pension Act” in relation to an eligible person means—
(a) the pension Act by reference to which that person
is an eligible person; or
(b) in the case of an eligible person who holds an
appointment to a temporary post that is not
pensionable, the pension Act under which the post
could most appropriately be made pensionable if
it were a permanent post;
“service” means service that is taken into account for the purpose
of determining whether a person may be granted a pension
or gratuity under a pension Act or determining the amount
of any such pension or gratuity;
“statutory board” has the meaning given to that expression by
section 2(2) of the Pensions Extension Act;
“the Teaching Service” is comprised of the Teaching Service
within the meaning of the Education Act, teaching service
within the meaning of the Teachers’ Pensions Act, and the
teaching service within the meaning of the Assisted
Secondary School Teachers’ Pensions Act;
“Tobago House of Assembly” means the Tobago House of
Assembly established by section 3 of the Tobago House of
Assembly Act.
(2) Expressions not otherwise defined that are used in the
pension Act that is relevant in the case concerned have, in this Act,
the same meanings as they have in that pension Act.
3. (1) Subject to subsection (3), a person who, if this Act
were not in force—
(a) could be granted a pension or gratuity, or
(b) could, but for his age or his length of service, be
granted a pension or gratuity,
under a pension Act if he were to voluntarily terminate his service
is eligible to make an application under this Act.
First Schedule.
Ch. 23:53.
Ch. 39:01.
Ch. 39:02.
Ch. 39:03.
Ch. 25:03.
Eligible persons.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
6 Chap. 23:03 Voluntary Termination of Employment
(2) Subject to subsection (3), a non-pensionable
temporary employee who has at least one year’s unbroken service
is eligible to make an application under this Act.
(3) A person is not eligible to make an application under
this Act unless he is an officer or employee in the Civil Service or
the Teaching Service (irrespective of whether he is in the service
of the Government of Trinidad and Tobago or of the Tobago House
of Assembly) or he is a monthly-paid officer or employee in the
service of a Municipal Corporation or a statutory board.
4. (1) An eligible person may apply, in accordance with
subsection (2), to voluntarily terminate his service and receive the
benefits provided for by this Act in respect of that termination.
(2) An application is in accordance with this subsection
if it is made to the Minister, in the prescribed form and otherwise
in accordance with the Regulations, within three years from the
commencement of this Act, and specifies the time from which the
termination is sought to be effective.
5. (1) Subject to subsection (4), the Minister may, upon
application being made to him in accordance with section 4(2),
approve of the applicant voluntarily terminating his service in
accordance with the application.
(2) In deciding whether to approve an application under
this Act, the Minister shall have regard to—
(a) the operational requirements of the service,
organisation, department, Ministry, corporation
or statutory board which, or in which, the
applicant serves;
(b) the needs of the public;
(c) the availability of the skill or expertise of the
applicant, or of any related skill or expertise; and
(d) the effect that the termination of the service of
the applicant might have on the efficiency,
Application to
terminate
service.
Approval.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Voluntary Termination of Employment Chap. 23:03 7
economy or overall productivity of the service,
organisation, department, Ministry, corporation
or statutory board which, or in which, the
applicant serves.
(3) Where the Minister declines to approve an application,
he may, with the consent of the applicant, subsequently approve
of the applicant voluntarily terminating his service, with effect
from the time sought in the application or any other time acceptable
to the applicant, without any further application being required
under this Act and notwithstanding that the time within which
such an application could be made has passed.
(4) Approval shall not be given under this Act—
(a) for the service of a person to terminate with effect
from a time that is before the person has exhausted
any entitlement to paid leave, other than sick
leave, that he is eligible to take;
(b) unless the person has made arrangements
satisfactory to the State for the discharge of any
outstanding debts, liabilities, or obligations to the
State (including an obligation under an agreement
entered into under any written law, to serve for a
particular period).
(5) Where the Minister approves under this section of the
termination of a person’s service, the service of that person
terminates under this Act, notwithstanding any other law, with effect
from the time approved, unless by death or otherwise the service
of that person terminates before the time approved for the
termination of service under this Act.
6. Without otherwise affecting the application of the
Interpretation Act, sections 52 and 53 of that Act shall apply in
relation to the delegation by the Minister of his functions under
this Act as if references in those sections to “public officer” included
a reference to any officer of a Municipal Corporation or a
statutory board.
Delegation.
Ch. 3:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
8 Chap. 23:03 Voluntary Termination of Employment
7. (1) Where the service of a person terminates under this
Act, the relevant pension Act shall be taken to provide for the
entitlements prescribed in the Second Schedule to this Act and
the relevant pension Act shall apply accordingly to the entitlements
so arising under that Act but, except as provided by subsection (2),
the rights of a person under the relevant pension Act are not
otherwise affected.
(2) Where the service of a person terminates under this
Act and that person or another person could have been granted
any pension or gratuity under the relevant pension Act if the
service had been voluntarily terminated other than under this Act
with effect from the same time, the entitlements prescribed in the
Second Schedule are in lieu of any pension or gratuity under the
relevant pension Act that is correspondingly referred to in the
Second Schedule.
8. (1) Payment of any pension or gratuity to which a person
is entitled by reason of this Act shall be made in cash.
(2) A gratuity to which a person becomes entitled by
reason of this Act is payable upon the service of that person
terminating but where the amount of the gratuity remaining after
deducting the income tax, if any, payable under section 5(6) of the
Income Tax Act exceeds twenty thousand dollars, the amount
shall be satisfied by paying—
(a) within three months after the service of that
person terminating—
(i) an amount equal to forty per cent of the
amount of the gratuity remaining after the
deduction of income tax, if any; or
(ii) an amount of twenty thousand dollars,
whichever is greater; and
(b) on the anniversary date of the termination of that
service in each year thereafter until the amount
has been fully satisfied—
(i) an amount equal to one-third of the balance
remaining after the payment of the amount
referred to in paragraph (a); or
Benefits.
Second
Schedule.
Second
Schedule.
Payment of
benefits.
Ch. 75:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Voluntary Termination of Employment Chap. 23:03 9
(ii) where the balance remaining after the
payment of the amount referred to in
paragraph (a) and any payment made under
this paragraph is not more than one
thousand dollars, the whole of the balance
so remaining or an amount that is less than
the balance so remaining but is equal to or
greater than the amount referred to in
subparagraph (i).
9. (1) Where by reason of this Act a person is entitled to a
deferred pension, the pension is payable to him upon his attaining
the age of fifty-five years.
(2) A person terminating his service who becomes entitled
to a deferred pension may, notwithstanding that the pension is not
payable until his attaining the age of fifty-five years, exercise his
option to receive a gratuity and a reduced pension as if the pension
to which he were entitled were not a deferred pension, but the
reduced pension to which he thereby becomes entitled is payable
as a deferred pension.
10. (1) Where the service of a person terminates under this
Act and that person had, in addition to service that is taken into
account for the purposes of the relevant pension Act, given service
(in this section referred to as “other service”) that would be taken
into account for pension purposes if he were retiring from a post
that was pensionable under any other pension Act, the Police
Service Act, or the Fire Service Act (in this section referred to as
“the other Act”), that other service shall, subject to subsection (5),
be included as service for the purposes of the relevant pension Act.
(2) In ascertaining the total period of service of an eligible
person, any break between periods of service—
(a) that could, if the service were continuous, be
taken into account, and
(b) neither of which periods of service was as a
non-pensionable temporary employee,
shall be disregarded unless the break occurs by reason of dismissal
or removal in consequence of disciplinary proceedings.
Deferred
pensions.
Extended
meaning of
“service”.
Ch. 15:01.
Ch. 35:50.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
10 Chap. 23:03 Voluntary Termination of Employment
(3) Where the service of a person terminates under this
Act and that person had, in addition to service that is taken into
account for the purposes of the relevant pension Act, given not
less than one year’s service as a non-pensionable temporary
employee, there shall be included in the entitlement of the person
under the relevant pension Act an amount of gratuity equal to the
gratuity that would be applicable if the Police Service Act and the
Fire Service Act were included in the First Schedule and upon the
service of that person terminating under this Act his only service
were that service as a non-pensionable temporary employee.
(4) In and for the purposes of subsections (2)(b) and (3),
“pension Act” and “service” shall be construed as if the Police
Service Act and the Fire Service Act were included in the
First Schedule.
(5) Where—
(a) the entitlement of a person under the relevant
pension Act is calculated on the basis of a period
of service that, under subsection (1) includes other
service, as defined in that subsection; and
(b) the rate at which benefit accrues under the other
Act is different from the rate at which benefit
accrues under the relevant pension Act,
the amount of entitlement in respect of the total period of service
shall be adjusted to take account of the difference.
(6) Where by reason of this section the entitlement of a
person terminating his service under this Act is based on a total
period of service that includes service in respect of which a benefit
has previously been paid under a pension Act, the Police Service
Act, or the Fire Service Act, any amount previously paid shall be
deducted from the amount of that entitlement and that entitlement
shall be in lieu of any other payment which he could otherwise be
paid under any such Act in respect of any such service.
11. Where the service of a person terminates under this Act,
any period of service in respect of which any benefit has been paid
or is payable under the relevant pension Act by reason of that
termination shall be disregarded for the purposes of determining
Ch. 15:01.
Ch. 35:50.
First Schedule.
Re-employment.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Voluntary Termination of Employment Chap. 23:03 11
whether that person may, in respect of any subsequent service, be
granted any further pension, gratuity, or other allowance (whether
under a pension Act, the Police Service Act, or the Fire Service
Act) or determining the amount of any such pension, gratuity or
other allowance.
12. The Minister may, by Order, amend the First Schedule.
13. The Minister may make Regulations prescribing all matters
that are required or permitted to be prescribed and generally for
carrying this Act into effect.
Ch. 15:01.
Ch. 35:50.
Amendment of
First Schedule.
Regulations.
[Sections 2(1),
12].
(Section 7).
FIRST SCHEDULE
1. Pensions Act, Ch. 23:52.
2. Pensions Extension Act, Ch. 23:53.
3. Teachers’ Pensions Act, Ch. 39:02.
4. Assisted Secondary School Teachers’ Pensions Act, Ch. 39:03.
5. Municipal Corporations (Pensions) Act, Ch. 25:05.
SECOND SCHEDULE
BENEFITS UPON TERMINATION OF SERVICE
A. Eligible persons other than non-pensionable temporary employees
1. If the person has attained the age of fifty years and has completed at
least ten years’ service, then, in lieu of the pension, based on his period of
service, which he could otherwise be granted under the relevant pension Act, he
is entitled to—
(a) the pension which he could be granted under the relevant
pension Act if his period of service had been for a period equal
to his actual period of service increased by one month for each
five months of service completed, or by the period remaining
before he attains the age of sixty years, whichever is less; or
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
LAWS OF TRINIDAD AND TOBAGO
12 Chap. 23:03 Voluntary Termination of Employment
(b) the reduced pension to which he would be entitled under the
relevant pension Act if he were granted a pension and opted
to receive a reduced pension and a gratuity equal to ten per
cent more than the gratuity to which he would then have
been entitled,
at his option, but nothing in this paragraph shall be taken to remove his option
to be paid, in lieu of the pension referred to in paragraph (a), a reduced pension
and a gratuity.
2. If the person has attained the age of fifty years but has not completed
at least ten years’ service, then, in lieu of the gratuity which he could otherwise
be granted under the relevant pension Act, he is entitled to a gratuity of an
amount that is ten per cent more than the gratuity which he could otherwise be
granted under that Act.
3. If the person has not attained the age of fifty years and has completed
at least ten years’ service, then he is entitled to a deferred pension of an amount
equal to the amount of the pension which he could be granted if the age he has
attained were the age at which, under the relevant pension Act, pension may be
granted to him.
4. If the person has not attained the age of fifty years and has not completed
at least ten years’ service, then he is entitled to a gratuity of an amount equal to
the gratuity to which he could become entitled, in accordance with section 9(2),
if paragraph 3 did not require ten years’ service to have been completed, but he
is not entitled to any pension.
B. Eligible persons who are non-pensionable temporary employees
1. The person is entitled to—
(a) where the person has not completed at least five years’ service,
a gratuity calculated on the basis of one twenty-fourth of his
monthly rate of pay in respect of each completed month of
service; and
(b) where the person has completed at least five years’ service, a
gratuity calculated on the basis of—
(i) one half of his monthly rate of pay in respect of each of
the first four years of service; and
(ii) one sixteenth of his monthly rate of pay in respect of
each completed month of service thereafter.
2. In paragraph 1, the “monthly rate of pay” of a person refers to an
amount equal to one-twelfth of his annual pensionable emoluments that would
be used for the calculation of his pension under the relevant pension Act had he
been entitled to a pension.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Voluntary Termination of Employment Chap. 23:03 13
SUBSIDIARY LEGISLATION
VOLUNTARY TERMINATION OF
EMPLOYMENT REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation.
2. Interpretation.
3. Preliminaries to lodging application.
4. Form of application.
5. Period of notice.
6. Lodging of application.
7. Documents to be forwarded to VTEP office.
8. Management committee to advise Minister.
9. Documents to be forwarded to Minister.
10. Determination of application.
11. Alternative time of termination.
12. Payment to legal personal representative.
SCHEDULE.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
14 Chap. 23:03 Voluntary Termination of Employment
VOLUNTARY TERMINATION OF EMPLOYMENT
REGULATIONS
made under section 13
1. These Regulations may be cited as the Voluntary
Termination of Employment Regulations.
2. In these Regulations—
“administrative Head”, in relation to an applicant, means the
person immediately responsible to the Minister concerned
for the general management of the organisation, department,
ministry, corporation or statutory board which, or in which,
the applicant serves;
“application” means an application under the Act;
“senior supervisor”, in relation to a person making or intending
to make an application, means a person who is the
substantive holder of an office the salary range of which is
salary range 46 or a higher salary range and to whom the
applicant or intending applicant is directly or indirectly
responsible;
“VTEP management committee” means the committee constituted
by regulation 8(3).
3. (1) A person intending to make an application shall
first submit to his senior supervisor a form of certifications
and declaration, in the form set out in Form 1 of the Schedule,
duly completed.
(2) Each of the certifications on the form required by
subregulation (1) to be submitted shall have been given within the
last three months before the form is submitted, and the declaration
thereon shall have been made after the last of the certifications
was given.
4. The prescribed form for making an application is the form
set out in Form 2 of the Schedule.
95/1989.
Citation.
Interpretation.
Preliminaries
to lodging
application.
Schedule.
Form 1.
Form of
application.
Schedule.
Form 2.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Voluntary Termination of Employment Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Voluntary Termination of Employment Chap. 23:03 15
5. (1) The time specified in an application as the time from
which the termination of service is sought to be effective shall be—
(a) in the case of a person in a salary range below
salary range 46, not less than two months after
the day on which the application is lodged in
accordance with regulation 6; and
(b) in the case of a person in salary range 46 or a
higher salary range, not less than three months
after the day on which the application is lodged
in accordance with regulation 6.
(2) The periods of two months and three months referred
to in subregulation (1)(a) and (b), respectively, may include a period
during which the applicant is on leave, but nothing in this regulation
affects the requirement for an officer to give notice of his intention
to take vacation leave.
6. (1) An application is made to the Minister by lodging it
with a senior supervisor of the applicant.
(2) The person with whom an application is lodged under
subregulation (1) shall, if he is not the applicant’s administrative
Head, submit the application, within five days of it being lodged
with him, to the applicant’s administrative Head together with a
Divisional Recommendation Form in the form of Form 3 of the
Schedule, duly completed.
7. (1) Within fifteen days after an application is submitted
to him in accordance with regulation 6(2), the administrative Head
shall forward the application form and the accompanying
Divisional Recommendation Form, if any, to the VTEP office of
the Personnel Department, indicating on the application form
whether or not he recommends that the application be approved
and, if he does not recommend that the application be approved,
setting out on the Organisational Advisory Form required by
subregulation (2)(a) full reasons for his decision.
Period of notice.
Lodging of
application.
Schedule.
Form 3.
Documents to
be forwarded to
VTEP office.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Voluntary Termination of Employment Regulations
LAWS OF TRINIDAD AND TOBAGO
16 Chap. 23:03 Voluntary Termination of Employment
(2) When an application form is forwarded to the VTEP
office as required by subregulation (1), it shall be
accompanied by—
(a) an Organisational Advisory Form in the form of
Form 4 in the Schedule, duly completed;
(b) a Pension and Leave Record in the form of
Form 5 in the Schedule duly completed; and
(c) a Record of Acting, Temporary or Daily-paid
Service in the form of Form 6 in the Schedule,
duly completed.
8. (1) An application forwarded to the VTEP office in
accordance with regulation 7 shall be brought before a meeting of
the VTEP management committee which shall consider the
application and advise the Minister, in writing, whether he should
approve the application or decline to approve it.
(2) Where the advice of the management committee is
that the Minister decline to approve an application it shall include
reasons for giving that advice.
(3) For the purposes of this regulation, there shall be a
committee to be known as the VTEP management committee,
consisting of—
(a) the Permanent Secretary to the Prime Minister
and Head of the Public Service, who shall be the
Chairman;
(b) the Chief Personnel Officer, Personnel
Department, who shall be the Vice-Chairman;
(c) the Director of Personnel Administration, Service
Commissions Department;
(d) the Comptroller of Accounts, Ministry of Finance;
(e) the Director of Budgets, Ministry of Finance;
(f) the Director, Employment and Industrial
Relations Research, Personnel Department;
Schedule.
Form 4.
Schedule.
Form 5.
Schedule.
Form 6.
Management
committee to
advise Minister.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Voluntary Termination of Employment Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Voluntary Termination of Employment Chap. 23:03 17
(g) the Director, Organisation and Management
Office of the Prime Minister; and
(h) the Director, Pensions Administration, Ministry
of Finance.
(4) At a meeting of the management committee five
members, including the Chairman, the Vice-Chairman, or both of
them, constitute a quorum and the Chairman or, in his absence the
Vice-Chairman shall preside.
9. Within ten days after an application is received in the VTEP
Office of the Personnel Department, the application, the
Organisational Advisory Form, and the advice of the management
committee shall be forwarded to the Minister or his delegate.
10. (1) The Minister or his delegate shall, within twelve days
after the documents referred to in regulation 9 are forwarded to
him under that regulation, either approve the application or decline
to approve it.
(2) The Minister shall notify the applicant in writing of
his decision under subregulation (1) and, where he declines to
approve the application, he shall give the applicant reasons, in
writing, for his decision.
11. (1) Where the Minister or his delegate declines to approve
the application of a person and either at the time of notifying the
person thereof or subsequently, proposes to that person another
time for the termination of the service of that person under the
Act, the person may, in writing, advise the Minister or his delegate
whether he considers the alternative proposed to be acceptable.
(2) Where, in accordance with subregulation (1), an
applicant advises the Minister or his delegate that an alternative
time proposed for the termination of his service is acceptable and
the Minister or his delegate approves of the termination of the
service of that person at the alternative time accepted, he shall
notify the applicant, in writing, accordingly.
Documents to
be forwarded
to Minister.
Determination
of application.
Alternative time
of termination.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Voluntary Termination of Employment Regulations
LAWS OF TRINIDAD AND TOBAGO
18 Chap. 23:03 Voluntary Termination of Employment
Name of Officer ............................................................................................................................................
(Please print Name of Officer)
............................................................................................................................................................................................
(Ministry/Department/Statutory Authority/Municipal Corporation/Tobago House of Assembly)
(Please give full name of your organisation)
Present Position ...........................................................................................................................................
(Do not include acting appointment)
SCHEDULE
FORM 1
VOLUNTARY TERMINATION OF EMPLOYMENT ACT, (CH. 23:03)
*CERTIFICATIONS AND DECLARATION FOR PURPOSES
OF MAKING AN APPLICATION UNDER VTEP
Complete one copy only
[Regulation 3].
DATE OF
BIRTH
Year Month Day B.I.R. NUMBER N.I.S. NUMBER
12. Where a person whose service terminates under the
Act dies—
(a) any gratuity to which the person becomes entitled
by reason of the Act that was not paid before his
death shall be paid to his legal personal
representative and the payment shall be made at
the same time as payment would have been made
to the deceased if he had not died;
(b) any pension to which the person became entitled
by reason of the Act before his death that was not
paid to him before his death shall be paid to his
legal personal representative.
Payment to legal
personal
representative.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Voluntary Termination of Employment Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Voluntary Termination of Employment Chap. 23:03 19
CERTIFICATION BY HEAD OF AGENCY
Nature and extent of obligation Remarks
CERTIFIED CORRECT
....................................................
Head of Agency
CERTIFICATION BY BOARD OF INLAND REVENUE
Extent of indebtedness Remarks
CERTIFIED CORRECT
....................................................
Board of Inland Revenue
CERTIFICATION BY COMPTROLLER OF ACCOUNTS
Nature and extent of obligation Remarks
CERTIFIED CORRECT
....................................................
Comptroller of Accounts
I, ....................................................................................................................................................................
hereby declare that the information above is true and correct. I have settled/undertaken to settle† all
indebtedness to the Government of Trinidad and Tobago in the manner agreed on with the relevant
agency/authority.
Date..................................................................... .....................................................................
Signature of Officer
* This Declaration is to be completed and signed by the Officer only after he/she has read carefully the
information overleaf.
† Delete words that are not applicable.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Voluntary Termination of Employment Regulations
LAWS OF TRINIDAD AND TOBAGO
20 Chap. 23:03 Voluntary Termination of Employment
Please read this information very carefully as it is important for the speedy processing of your VTEP
application which is to follow.
The certifications requested on this form are not peculiar to VTEP and are required of all persons
who are eligible for benefits under existing pension laws. They have to be obtained before payment of
benefits is made. The Pension and Leave Record with the Birth Certificate and Marriage Certificate
(where applicable) are to be attached to the application form, Form 2. These documents are to be forwarded
by the employing organisations to the VTEP Office, Personnel Department, Level 3, Valpark Building,
76-78, St. Vincent Street, Port-of-Spain.
For purposes of VTEP, all applicants will fall in one or more of the following categories:
A. PERSONS 50 YEARS AND OVER:
10 years pensionable service or over—
(i) Holders of permanent appointments;
(ii) Holders of temporary appointments in vacant pensionable posts, satisfying all
requirements of the job.
Under 10 years pensionable service—
(ii) Holders of appointments as at items (i) and (ii) above.
B. PERSONS UNDER 50 YEARS:
10 years pensionable service and over—
(i) Holders of permanent appointments;
(ii) Holders of temporary appointments in vacant pensionable posts, satisfying all
requirements of the job.
Under 10 years pensionable service—
(iii) Holders of appointments as at items (i) and (ii) above.
C. PERSONS HOLDING OR WHO HAVE HELD NON-PENSIONABLE APPOINTMENTS:
(i) Holders of appointments in temporary non-pensionable posts;
(ii) Holders of temporary appointments in vacant pensionable posts not satisfying
the requirements of the job;
(iii) Holders of temporary appointments in pensionable non-vacant posts.
You will need to fill in your category.
You will note that your service may fall into more than one category. If so, please fill in each
category on the application form which is to follow.
The period of notice which an applicant will be required to give is as follows:
Persons in Salary Range 46 and above … … at least three months’ notice
Persons in Salary Ranges under Salary Range 46 … at least two months’ notice
Such notice can run concurrently with vacation leave entitlement, if any.
The effective date of termination will normally be the expiry date of the period of notice or of
the vacation leave, whichever is later.
FORM 1—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Voluntary Termination of Employment Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Voluntary Termination of Employment Chap. 23:03 21
2. Date of
Birth Year Month Day
4. B.I.R. No.
5. N.I.S. No.
FORM 2
VOLUNTARY TERMINATION OF EMPLOYMENT ACT, (CH. 23:03)
APPLICATION FORM FOR TERMINAL BENEFITS
*Please read entire form carefully. Complete four/five copies (as applicable) in block letters
[Regulation 4].
1. Name:Surname
First Name
Other Names
Maiden Name
(if applicable)
3. Male
Female
6. Home Address
or
Postal Address
7. Ministry/Department/Statutory Authority/Municipal Corporation/Tobago House of Assembly.
(Please give full name of your organisation)
..............................................................................................................................................................
8. Institution/School/Division/Section/Unit where you are now working................................................
..............................................................................................................................................................
9. Officer’s present position.......................................................................................................................
(Do not state acting appointments)
10. Type of appointment (Tick appropriate box) Permanent Temporary
11. I,.................................................................................................................................... hereby apply to
terminate my employment with effect from................................................................................................
12. † I consider that my application falls in the category/categories as indicated below—
Category A Category B Category C
10 years pensionable service and over: 10 years pensionable service and over
(a) Option A Less than 10 years pensionable service
(b) Option B
Less than 10 years pensionable service
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Voluntary Termination of Employment Regulations
LAWS OF TRINIDAD AND TOBAGO
22 Chap. 23:03 Voluntary Termination of Employment
13. I am making this application of my own free will and I am aware that it is subject to the approval of
the Minister of Finance.
14. I recognise that this application cannot be withdrawn once it is approved.
15. I acknowledge that upon receipt of benefits in accordance with the VTEP Act (Ch. 23:03), I am not
eligible for any benefits under any other Pension Law for the same period.
Signature of Applicant......................................... Date ...............................................
Signed in the presence of
..................................................... ............................................... .....................................
APPLICATION APPROVED
APPLICATION NOT APPROVED Signature......................................................................
Date ............................................................ Post..............................................................................
PARTICULARS OF CATEGORIES AND OPTIONS
CATEGORY A
PERSONS 50 YEARS AND OVER HOLDING PENSIONABLE APPOINTMENTS
10 YEARS PENSIONABLE SERVICE AND OVER
Option A
Enhancement of service by adding 1 month for every 5 months.
Option B
Enhancement of gratuity by 10%.
LESS THAN 10 YEARS PENSIONABLE SERVICE
Gratuity of 5 times unreduced pension enhanced by 10%.
Year Month Day
‡ Signature of Officer
Witnessing and accepting
the application
Print Name Post and Range
Minister of Finance/Minister’s Delegate
FORM 2—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Voluntary Termination of Employment Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Voluntary Termination of Employment Chap. 23:03 23
CATEGORY B
PENSIONS UNDER 50 YEARS HOLDING PENSIONABLE APPOINTMENTS
10 YEARS PENSIONABLE SERVICE AND OVER
Immediate gratuity plus a deferred pension to be provided at age 55, benefits based on
existing pension formulae.
LESS THAN 10 YEARS PENSIONABLE SERVICE
Lump sum payment equivalent to three-quarter month’s salary for each year of service
or proportionately for each month of service.
CATEGORY C
PERSONS HOLDING OR WHO HAVE HELD NON-PENSIONABLE APPOINTMENTS
A lump sum payment on the following basis:
1 completed year and less than 5 years of
completed service.
5 completed years of service and more,(i.e.
having completed 60 months service and
more)
Distribution of Form 2 by VTEP Office:
1 copy for the applicant;
1 copy for the appropriate Service Commission, where applicable;
1 copy for the employing organisation;
1 copy for the Pensions Division, Ministry of Finance;
1 copy for the VTEP Office.
1/2 month’s pay for each such year of service
in addition to the entitlement above, 3/4 month’s
pay applies to the entire 5th year of service
( i . e . , f rom the 49 th month) and each
succeeding completed year of service.
* Four copies only are required where no Service Commission has responsibility for appointments.
† See “Particulars of Categories and Options” overleaf.
‡ The Officer witnessing and accepting the application is to be the applicant’s supervisor or Head of
Division and substantively in Salary Range 46 or above.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Voluntary Termination of Employment Regulations
LAWS OF TRINIDAD AND TOBAGO
24 Chap. 23:03 Voluntary Termination of Employment
Application of..............................................................................................................................................
(Please Print Name of Officer)
who holds the present position of ....................................................................................................................
(Do not include acting appointments)
in...................................................................................................................................................................
(Ministry/Department/Statutory Authority/Municipal Corporation/Tobago House of Assembly)
(Please give full name of your organisation)
Tick as appropriate
APPROVAL RECOMMENDED APPROVAL NOT RECOMMENDED
Remarks—
Where application is recommended, indicate arrangements for the performance of applicant’s
duties:
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
Where application is not recommended, state reasons:
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
Where deferral of the termination date should be proposed, suggest a date when the officer’s
application can be recommended:
PROPOSED TERMINATION DATE
Date........................................................ Signature.............................................................
Post..............................................................................
Year Month Day
[Regulation
6(2)].
FORM 3
VOLUNTARY TERMINATION OF EMPLOYMENT ACT, (CH. 23:03)
DIVISIONAL RECOMMENDATION FORM
For internal use only
COMMENTS AND RECOMMENDATIONS OF IMMEDIATE
SUPERVISOR/HEAD OF SECTION
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Voluntary Termination of Employment Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Voluntary Termination of Employment Chap. 23:03 25
Application of...............................................................................................................................................
(Please Print Name of Officer)
who holds the present position of ....................................................................................................................
(Do not include acting appointments)
in...................................................................................................................................................................
(Ministry/Department/Statutory Authority/Municipal Corporation/Tobago House of Assembly)
(Please give full name of your organisation)
Tick as appropriate
APPROVAL RECOMMENDED APPROVAL NOT RECOMMENDED
Remarks—
Where approval is recommended, indicate arrangements for the performance of applicant’s duties:
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
Where approval is not recommended, state reasons:
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
Where deferral of the termination date should be proposed, suggest a date when the officer’s
application can be recommended:
PROPOSED TERMINATION DATE
Date........................................................Signature.............................................................
Post.............................................................................
Year Month Day
[Regulation
7(2)(a)].
FORM 4
VOLUNTARY TERMINATION OF EMPLOYMENT ACT, (CH. 23:03)
ORGANISATIONAL ADVISORY FORM
For submission to the VTEP Office
COMMENTS AND RECOMMENDATIONS OF PERMANENT
SECRETARY/ HEAD OF DEPARTMENT/HEAD OF STATUTORY
AUTHORITY
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Voluntary Termination of Employment Regulations
LAWS OF TRINIDAD AND TOBAGO
26 Chap. 23:03 Voluntary Termination of Employment
FORM 5
VOLUNTARY TERMINATION OF EMPLOYMENT ACT, (CH. 23:03)
CERTIFIED PENSION AND LEAVE RECORD
(See Instructions Overleaf)
PERSONAL DETAILS
[Regulation
7(2)(b)].
SECTION A*
1. Name.......................................................................................................................................................
(Surname) (First Name) [Other Name(s)]
2. Present Post....................................................................................................................................................
3. Ministry/Department................................................................................................................................
4. Division/Branch.......................................................................................................................................
5. Date of First Permanent Appointment........................ 6. Date of Birth.............................................
7. Date of Confirmation (i)............................................ 8. Date of Present Appointment....................
SECTION B* DETAILS OF SERVICE, SALARY AND ALLOWANCES
Year† Post
Salary
Range
Date
of
Commence-
ment
Date of
Termi-
nation
Monthly Earnings
Sub. Salary Acting Allow.‡ Remarks
$ ¢ $ ¢
† Information in respect of each calendar year showing separately any incremental changes or movements resulting
from promotions etc. (inclusive of dates) must be inserted wherever these occur.
‡ Only continuous periods of acting which affect incremental dates are to be shown.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Voluntary Termination of Employment Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Voluntary Termination of Employment Chap. 23:03 27
SECTION C*
DETAILS OF LEAVE
1. Half Pay
or No Pay Type of Leave Year
Period of Absence
Days
From To
* All information at Section A, B and C must be furnished at all times. Where data does not apply to the employee
the words not applicable (N/A) or Nil must be inserted.
SECTION D (ii)
CERTIFICATE
Prepared By......................................... Checked By....................... Audited By...................................
Post...................................................... Post................................... Post..............................................
Date...................................................... Date................................... Date.............................................
I hereby certify that the foregoing information is correct.
Date...................................................................... .....................................................................
Permanent Secretary/Head of Department
(i) State whether the appropriate condition was fulfilled and provide supporting evidence.
(ii) The particulars of service and salary must be completed, checked, audited and certified by appropriate
authorised officers.
INSTRUCTIONS:
PLEASE READ CAREFULLY BEFORE COMPLETING FORM
1. The purposes of this form are:
(i) to record in date sequence the details of salary and pensionable allowances drawn by
a salaried officer serving in different Ministries and Departments during his or her
career in the Government Service; and
(ii) to record all details of no pay or half pay leave which an officer has taken,
so that pension could be computed and approved for payment as quickly as possible after termination
of service.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Voluntary Termination of Employment Regulations
LAWS OF TRINIDAD AND TOBAGO
28 Chap. 23:03 Voluntary Termination of Employment
2. Entries on the form should as far as possible be typewritten or clearly and legibly
handwritten. Block capitals should be used for the completion of lines 1–4 of
Section “A”.
3. The details in Sections A, B and C MUST be verified by the Officer-in-Charge,
Internal Audit and the Personnel Officer respectively of the Ministry or
Department and the form then signed by the Permanent Secretary or Head of
Department or the officer so authorised to sign these forms.
4. This form should be prepared in duplicate by the Personnel Branch in consultation
with the Accounts Branch of the Ministry or Department in which the officer is
employed and should be seen by the officer.
5. It is of the utmost importance that information relating to the officer’s option to
receive either: (a) an unreduced pension, or (b) a reduced pension and gratuity is
enclosed with the final form for fowarding to the Comptroller of Accounts.
FORM 5—Continued
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Voluntary Termination of Employment Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Voluntary Termination of Employment Chap. 23:03 29
FORM 6
VOLUNTARY TERMINATION OF EMPLOYMENT ACT, (CH. 23:03)
RECORD OF ACTING, TEMPORARY OR DAILY PAID
SERVICE
(See Instructions Overleaf)
PERSONAL DETAILSSECTION A(i)
1. Name of Officer .............................................................................................................................................
(Surname) (First Name) [Other Name(s)]
2. Ministry/Department...............................................................................................................................
3. Division...................................................................................................................................................
4. Branch......................................................................................................................................................
5. Date of Birth..................................................... 6. Date of First Appointment........................
7. Place of Recruitment................................................................................................................................
Department
[Regulation
7(2)(c)].
Section B(i)
I. DETAILS OF ACTING OR TEMPORARY SERVICE BEFORE PERMANENT
APPOINTMENT
Post SalaryRange
Salary Service*
From To Head Sub-Head
Duration of Acting
Appointment
Vote from which
Salary paid
* State whether service was in Vacant or Temporary post or as Leave Relief.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary] Voluntary Termination of Employment Regulations
LAWS OF TRINIDAD AND TOBAGO
30 Chap. 23:03 Voluntary Termination of Employment
FORM 6—Continued
Office
II. DAILY PAID SERVICE BEFORE PERMANENT APPOINTMENT
Department Wages
Vote from which
Salary paid
Year
Service
Head Sub-Head
Effective
years†
Number of
days
worked
† Note—Please state the first working day in the first effective year of the officer’s daily paid service.
Section C (i)
DETAILS OF LEAVE TAKEN (SPECIFY)
C (i) From To Days Nature of Leave
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Voluntary Termination of Employment Regulations [Subsidiary]
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Voluntary Termination of Employment Chap. 23:03 31
C(ii)
LEAVE ELIGIBILITY (SPECIFY)
Nature of Leave Leave Due
SECTION D (ii)
CERTIFICATE
Prepared By......................................... Checked By....................... Audited By...................................
Post...................................................... Post................................... Post..............................................
Date...................................................... Date................................... Date.............................................
I hereby certify that the foregoing information is correct.
Date...................................................................... .....................................................................
Permanent Secretary/Head of Department
(i) All information at sections A, B and C must be furnished at all times. Where data does not apply to the employee,
the words “not applicable” (N/A) or “nil” must be inserted.
(ii) The particulars must be completed, checked, audited and certified by appropriate authorised officers.
INSTRUCTIONS:
PLEASE READ CAREFULLY BEFORE COMPLETING FORM
1. The purposes of this form are:
(i) to record in date sequence the details of all acting, temporary and daily-paid service
before the appointment of an officer to a permanent monthly paid post.
(ii) to record all details of leave for which the officer at (i) above is eligible or has taken.
2. This form should be prepared in duplicate by the Personnel Branch in consultation with the
Accounts Branch of the Ministry or Department in which the officer is employed and should be
seen by the officer.
3. Entries on the form should as far as possible be typewritten or clearly and legibly handwritten.
Capitals should be used for completing the form at lines 1–4 of Section “A”.
4. The details in Section A, B and C must be verified by the duly authorised and specified personnel
of the Ministry or Department and then signed by the Permanent Secretary or Head of Department
or the officer so authorised to sign these forms.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
[Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
32 Chap. 23:03 Voluntary Termination of Employment
DELEGATION OF FUNCTIONS (VOLUNTARY
TERMINATION OF EMPLOYMENT) ORDER
made under section 52(1) of the Interpretation Act
1. This Order may be cited as the Delegation of Functions
(Voluntary Termination of Employment) Order.
2. In exercise of the powers conferred upon him by section
52(1) of the Interpretation Act, the Minister of Finance delegates
the functions that he is required to perform under the Voluntary
Termination of Employment Act, to each of the public officers
listed in the Schedule—
SCHEDULE
Permanent Secretary to the Prime Minister and Head of the Public Service
Permanent Secretary, Minister of Finance
Chief Personnel Officer
Director, Organisation and Mangement, Office of the Prime Minister
Director, Employment and Industrial Relations Research, Personnel Department.
143/1989.
Citation.
Delegation of
functions.
Ch. 3:01.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
