Public Service Superannuation Act 1981

PART I
PRELIMINARY

1 Short title

2 Interpretation

3 Application

PART II
ADMINISTRATION

4 Establishment of the Pub lic Service Superannua tion Board

5 Functions of the Board

6 Report to be laid before the Legislature

7 The Superannuation Fund

7A Pensions payable under repealed Acts charged on the Fund

8 Audit

8A Actuarial review

9 Interest payable

10 Cost of administration

11 Review of computation or refund of contributions and appeal therefrom

PART III
CONTRIBUTIONS

12 Contributions to be de ducted from salary

13 Government's contribution

14 Cessation of contributions

15 Contributions during leave of absence without salary

16 Contributions during leave of absence with bur sary

17 Exercise of option under section 15

PART IV
PENSIONS

18 Entitlement to pension

19 Circumstances entitling contributor to payment

20 Service not qualifying for pension

21 Refund of contributions where service terminated in the public interest

22 Age of compulsory retire ment

23 Maximum pension

24 Deferred pensions

24A Special provision for cer tain contributors

25 Effect of re-employment of pensioner on amount of pension

26 Refunds

27 Option to elect re-in statement in the Fund in certain circumstances

28 Refund where there is no estate representative

29 Restriction on assignment etc. of pensions

30 Proof that pensioner is alive

31 Notification of certain particulars to Accountant General

32 Payment of pensions

PART V
PENSIONABLE SERVICE AND COMPUTATION OF PENSIONS

33 Rate of pension

34 Service qualifying for pen sion

35 Periods which shall be taken into account as pensionable service

36 Retirement by reason of abolition of office

37 Reorganization of office and compulsory retire ment

38 Pensions to contributors injured in discharge of duty

39 Payment to injured con tributor where service is less than 8 years

40 Commutation of pension and reduced pension

PART VI
WIDOWS', WIDOWERS', AND CHILDREN'S PENSIONS

41 Application of Part

42 Pensions payable to widow, widower and chil dren of pensioner of con tributor

43 Payment and administra tion of children's pensions

PART VII
TEACHERS

44 Compulsory retirement of teacher

45 Contributions to be de ducted from salaries of teachers

46 Teachers who seek elec tion

PART VIII
CAPITAL SUM PAYABLE ON DEATH

47 Application of Part

48 Nomination by contributor

49 Capital sum in case of death in the service of the Government

50 Assessment of capital sum

51 Payments to be additional

[23 December 1981]

[preamble and words of enactment omitted]

PART I

PRELIMINARY

Short title

1 This Act may be cited as the Public Service Superannuation Act 1981.

Interpretation

2 (1) In this Act, unless the context otherwise requires �

"appointed day" means the day appointed pursuant to section 65(2) as the date of commencement of this Act;

"Auditor" means the Government Auditor;

"Bermuda Regiment staff" means those members of the full-time permanent staff of the Bermuda Regiment who are not for the time being seconded to the Bermuda Regiment by Her Majesty's Government in the United Kingdom;

"Board" means the Public Service Superannuation Board estab lished under section 4;

"child" includes adopted child, stepchild and illegitimate child;

"contract officer" means a person, other than a teacher, police officer, prison officer or fire officer, whether possessing Bermudian status or not, employed by the Government on contract for a fixed term of time and whose appointment was made by the Governor after 1 November 1985;

"contributor" means a person of the age of 18 years or over who contributes to the Fund pursuant to this Act;

"contributory service" means service in respect of which a con tributor contributes to the Fund;

"deferred pensioner" means a person entitled to a pension by virtue of section 24 as well as any police officer, fire officer, prison officer, or member of the Bermuda Regiment staff who retires in accordance with the proviso to section 19(1);

"Divisional officer" means the fire officer of that rank in the Fire Services Department;

"established office" means a public office declared by the Gover nor to be a pensionable office and includes a permanent ap pointment, so declared, with a Government Board; and the expression "non-established office" shall be construed ac cordingly;

"estate representative" means the executor, original or by repre sentation, or administrator for the time being of a deceased person;

"fire officer" means an officer of the Fire Services Department;

"Fire Services Department" means the department of Govern ment established under section 4 of the Fire Services Act 1982 [title 10 item 15];

"mandatory overtime service" means service in the Prisons Ser vice in excess of 80 hours and not exceeding 96 hours ex tending over a period of 14 consecutive days;

"Minister" means the Minister of Finance;

"pensioner" means a person who has retired from the public ser vice and is in receipt of a pension under this or any of the re pealed Acts, and includes a deferred pensioner as well as a person who has satisfied the conditions required for the pay ment of a pension under this or any of the repealed Acts al though no payment has been actually made to him;

"pensionable service" means service which shall be taken into account in computing a pension under this Act;

"public service" means service in a civil capacity under the Gov ernment of Bermuda and includes service with a Government Board, service in the Bermuda Regiment staff, and service with a school as a teacher;

"repealed Acts" means the Acts referred to in section 62(1);

"salary" includes wages whether paid weekly or otherwise, and wages paid for mandatory overtime service but does not in clude any other form of over-time payment, personal al lowance, duty allowance, entertainment allowance, or any other allowance or award;

"school" means a school in Bermuda in receipt of assistance from public funds either as an aided school or maintained school as defined in the Education Act 1954 [title 12 item 1], and includes the Bermuda College;

"teacher" means a teacher who is or has been on the staff of any school, and includes the President of the Board of Governors of the Bermuda College, all persons appointed to the instruc tional staff of that College, and teachers who, pursuant to section 4(3) of the Bermuda College Act 1974,[title 12 item 4] have been seconded to the College;

"the Fund" means the Public Service Superannuation Fund es tablished by the Public Treasury (Administration and Pay ments) Act 1969 [title 14 item 1].

(2) Reference to a person being re-employed on a part-time ba sis shall be construed as a reference to employment where the person gives personal service of at least twenty hours a week; and a reference to re-employment on a casual basis shall be construed as a reference to employment of an occasional nature.

Application

3 (1) Subject to subsections (2) and (3) this Act shall apply to persons who contribute to the Fund and who are �

(a) public officers as defined in section 102 of the Constitu tion [title 2 item 1];

(b) teachers;

(d) prison officers;

(e) public officers, so defined, who are or have been sec onded for service with �

(i) the Bermuda Monetary Authority pursuant to section 5 of the Bermuda Monetary Authority Act 1969 [title 16 item 11];

(ii) the Bermuda Housing Corporation pursuant to section 8 of the Bermuda Housing Act 1980 [title 29 item 1];

(iii) the Bermuda Hospitals Board pursuant to sec tion 11 of the Bermuda Hospitals Board Act 1970 [title 11 item 26];

(iv) the Bermuda Arts Council pursuant to section 10 of the Bermuda Arts Council Act 1969 [title 12 item 10];

(v) the Bermuda College pursuant to section 4 of the Bermuda College Act 1974 [title 12 item 4];

(ee) contract officers;

(f) Bermuda Regiment staff;

(g) the administrative and clerical officers of the Public Transportation Board and such officers who, on the first day of April 1973, were administrative and clerical offi cers of that Board;

(h) Government employees in non-established offices;

(i) employees of Government Boards, other than employees of the Bermuda Hospitals Board who do not come within paragraph (e)(iii);

(j) judges of the Supreme Court;

(k) fire officers;

(l) such other employees of the Government or any Gov ernment agency or authority or body as may be desig nated by order of the Minister as being subject to this Act.

(2) This Act shall not apply to any person whose retirement from the public service took effect prior to the first day of April 1978 as regards persons in established offices, or the first day of April 1979 as regards persons in non-established offices.

(3) This Act shall not apply to �

(a) Any person employed by the Government on contract for a fixed period of time �

(i) whose employment with the Government com menced before 1 November 1985; or

(ii) whose appointment was made by the Governor before 1 November 1985,

and whose terms and conditions of service provide for the payment of a gratuity at the end of the contract pe riod or at the end of a subsequent contract:

Provided that Part VIII shall apply to such person in like manner as they apply to contributors;

(b) any person employed on a temporary, part-time, or ca sual basis;

(c) any person, except a judge of the Supreme Court, whose first employment with Government commences after he has attained the age of 57 years.

(4) Section 2 of the Pensions (Increase) Act 1972 [title 9 item 32] shall apply, mutatis mutandis, to pensions payable under this Act as if for the word "Minister" appearing in that section there were substituted the word "Board".

(5) An order made by the Board pursuant to section 2(2) of the Pensions (Increase) Act 1972 [title 9 item 32] as applied by subsection (4) shall be valid if signed by the chairman of the Board, and shall be sub ject to the affirmative resolution procedure.

(6) An order made under subsection (1)(l) may be made with retrospective effect and shall be subject to the negative resolution proce dure.

PART II

ADMINISTRATION

Establishment of the Public Service Superannuation Board

4 (1) There is hereby established a body to be called the Public Service Superannuation Board which shall, subject to any general direc tions of the Minister, have the powers conferred, and discharge the du ties imposed upon it by this Act.

(2) The Schedule shall have effect with respect to the constitu tion and operation of the Board and otherwise in relation thereto.

Functions of the Board

5 The Board shall consider the claim of every contributor who re tires from, or ceases to be employed in the public service in circum stances entitling him to a pension or to a refund of his contributions un der this Act, to perform such other functions as may be assigned to it by or under any provision of this Act or, subject thereto, by the Minister.

Report to be laid before the Legislature

6 (1) The Board shall make a report annually to the Minister containing such information as the Minister may require.

(2) The annual report of the Board shall be laid by the Minister before the Legislature if it is then in session or, if it is not then in ses sion, at the next ensuing session.

The Superannuation Fund

7 (1) Subject to subsection (6) the Public Service Superannuation Fund established by the Public Treasury (Administration and Payments) Act 1969 [title 14 item 1] is hereby charged with all payments certified to be made or otherwise payable under this Act:

Provided that any payment made under Part VIII in relation to any person referred to in section 3(3)(a) or the proviso to section 3(3)(c) shall be a charge on the Consolidated Fund.

(2) Subject to this Act the administration of the Fund shall be the responsibility of the Accountant General.

(3) The Accountant General shall keep proper records showing the amount of contributions to the Fund by or on behalf of each contrib utor and all other payments into or out of the Fund.

(4) For the purpose of enabling the Accountant General to comply with the requirements of subsections (2) and (3) in those cases where payment of salaries is made from any fund administered by an authority other than the Accountant General, then every such authority shall�

(a) make the appropriate deductions from the salary of each contributor falling within any of the categories of con tributors mentioned in paragraph (e)(i), (ii), (iii) and (iv) and paragraph (i) of section 3(1);

(b) make a like contribution from the fund administered by that authority in relation to each contributor;

(i) the salary paid to each contributor;

(ii) the contribution deducted from the salary of each contributor;

(iii) the equal contribution made from the fund of the authority in relation to each contributor,

and shall also pay to the Accountant General the gross amount of the contributions relating to all the contribu tors.

(5) The moneys paid into the Fund shall be invested in accor dance with the Public Funds Act 1954 [title 15 item 1] and the income from such investments shall be paid into the Fund.

(6) If at any time the Fund is insufficient to meet the payments chargeable against it the deficiency shall be made up out of the Consoli dated Fund.

(7) The financial year of the Fund shall be from the first day of April in one year to the 31st day of March in the following year and the accounts of the Fund shall be submitted to the Auditor for audit not later than 30th June next following the end of the financial year.

Pensions payable under repealed Acts charged on the Fund

7A There shall be charged on and paid out of the Fund all such sums of money payable on 1 April 1986 by way of pension or other ben efit under any of the repealed Acts, notwithstanding anything to the contrary in this Act or any of those Acts.

Audit

8 The accounts of the Fund shall be audited by the Auditor, and he shall make an annual report in respect of the preceding financial year to the Minister who shall then lay the report before the Legislature if it is in session or, if it is not then in session, at the next ensuing session.

Actuarial review

8A (1) The Minister shall cause an actuary to be appointed to review the operation of the Fund within one year from 1 April 1995 and thereafter every third year.

(2) An actuary on each review pursuant to subsection (1) shall make a report on the adequacy of the Fund to the Minister who shall then lay the report before the Legislature if it is in session or if it is not then in session, at the next ensuing session.

[section 8A inserted by 1993 : 6 effective 1 April 1993]

Interest payable

9 Except where otherwise specifically provided for by this Act, in terest payable under this Act shall be at the rate of 4 per centum per an num compounded annually on the 31st day of March.

Cost of administration

10 The administrative costs of this Act shall be paid out of the Fund.

Review of computation or refund of contributions and appeal there from

11 (1) A contributor who is aggrieved by a computation of�

(a) the amount of pension payable to him; or

(b) the amount of contributions refundable to him,

may apply in writing to the Board to review the matter and the Board shall give a decision thereon within sixty days of the receipt of the appli cation.

(2) Where a contributor is dissatisfied with the decision of the Board given under subsection (1) he may appeal to the Supreme Court on any question of law or of mixed law and fact and the Civil Appeals Act 1971 [title 8 item 85] (except sections 3, 5 and 9) shall, subject to

PART III

CONTRIBUTIONS

Contributions to be deducted from salary

12 (1) Subject to section 45 (contributions to be deducted from teachers' salaries) monthly deductions shall be made from the salary of every contributor holding an established office in the public service of an amount equal to the following percentages of his salary �

(a) to (d) [omitted] [spent]

(e) from and after 1st October, 1981 . . . . . . . . 5%

and the amount so deducted shall be placed to the credit of the contrib utor in the Fund.

(2) Deductions shall be made in relation to the full salary payable at the time the deduction is made whether or not the contributor is for any reason receiving less than that salary.

Government's contribution

13 Where an amount deducted under subsection (1) of section 12 is credited to the Fund, or where a contributor makes payment of contributions pursuant to any provision of this Act, the Accountant General shall in each case pay out of the Consolidated Fund into the Fund an equivalent amount as Government's contribution to the Fund.

Cessation of contributions

14 Subject to this Act every contributor shall cease to contribute to the Fund on the day on which he ceases to be employed in the public service or upon attaining the age of sixty-five years, whichever is the ear lier.

Contributions during leave of absence without salary

15 (1) A contributor who is granted leave of absence without salary for a period of one month or more because of illness or pregnancy, shall, within six months of the termination of the leave, contribute to the Fund an amount equal to the amount that would have been contributed if the leave had not been granted.

(2) A contributor who is granted leave of absence without salary for a period of one month or more for special or educational pur poses may make contributions to the Fund for the period of leave, in which case he shall contribute an amount equal to the amount he would have contributed to the Fund if he had not been granted the leave, and payment of such contributions shall commence not later than one month after resumption of duty and may extend over a period of time not ex ceeding the period of leave; or he may elect not to make such contribu tions, in which case the period during which he did not contribute to the Fund shall not be counted as pensionable service.

Contributions during leave of absence with bursary

16 (1) Where a contributor is granted leave of absence without salary for educational purposes and he receives a bursary or other finan cial assistance from the Government or from a Government Board (as the case may be), the leave shall be deemed for the purposes of this Act to be educational leave of absence with pay, and he shall contribute to the Fund an amount equal to the amount he would have contributed if he had not been granted the leave, and the amount of the contribution shall be deducted from his bursary or other financial assistance.

(2) If the contributor does not resume his service at the end of the leave the period during which he was absent on leave shall not be counted as pensionable service.

Exercise of option under section 15

17 The right to elect whether to contribute to the Fund referred to in section 15(2) shall be exercisable, and if exercised may be revoked, not later than twenty-one days before the commencement of the leave.

PART IV

PENSIONS

Entitlement to pension

18 (1) Subject to section 24, every contributor who, on or after the appointed day, has satisfied the requirements of this Act relating to the qualifications for the payment of a pension shall be entitled as of right to a pension under this Act and, in calculating his pensionable service, any service rendering him eligible for a pension under any of the repealed Acts, shall be counted as pensionable service:

Provided that in the case of a fire officer section 25 of the Fire Services Act 1982 [title 10 item 15] shall have effect.

Circumstances entitling contributor to payment

19 (1) Subject to this Act every person in the public service who has contributed continuously to the Fund for 8 years or more shall be

twenty-five years' service as a police officer or a fire officer, whichever first occurs;

(b) in the case of a prison officer, on attaining the age of fifty-five years; or where he is below the rank of Deputy Commissioner, on attaining that age or on completing twenty-one years' service as a prison officer, whichever first occurs;

(d) in the case of any other contributor, on or after attaining the age of sixty years;

(e) on the abolition of his office;

(f) on compulsory retirement for the purpose of facilitating improvement in the organization of the Department or Government Board to which he belongs, by which greater efficiency or economy can be effected;

(g) on medical evidence to the satisfaction of the Governor that he is incapable by reason of some infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent; or

(h) on termination of employment by agreement between the Government and the contributor:

Provided that subject to section 22(4) if a police officer or a fire officer below the rank of Superintendent or Divisional Officer as the case may be, or a prison officer below the rank of Deputy Commissioner or a member of the Bermuda Regiment staff retires after completing the pre scribed twenty-five, twenty-one, or twenty-five years of service (as the case may be) but before attaining the age of fifty years, payment of his pension shall be deferred until he has attained that age.

(2) If after the appointed day a contributor whose pensionable service commenced prior to that day ceases to be employed in the public service having satisfied any of the circumstances specified in subsection (1)(a) to (h) but has contributed to the Fund for less than 8 years, he shall, notwithstanding that he has less than 8 years contributory service, be entitled to a pension under this Act, and section 64 shall apply ac cordingly:

Provided that this subsection shall apply only where the total pensionable service of the contributor is not less than 8 years.

[section 19 amended by 1993 : 6 effective 1 April 1993]

Service not qualifying for pension

20 No pension shall be certified or paid to a contributor under this Act in respect of any service rendered�

(a) while the contributor is on probation unless, without break of service, he is confirmed in an established office in Bermuda; or

(b) while he is under the age of eighteen years.

Refund of contributions where service terminated in the public in terest

21 Where a contributor's service is terminated on the ground that, having regard to the conditions of the public service, the usefulness of the contributor thereto and all other circumstances of the case, it is de sirable in the public interest to terminate his service, and a pension can not lawfully be paid to him under this Act the Board shall approve and certify the refund to him of the amount contributed by him to the Fund together with interest thereon and shall, if the Governor, acting in accor dance with section 93 of the Constitution [title 2 item 1], so directs, ap prove and certify the refund to him of the Government's contribution to his account in the Fund with interest thereon.

Age of compulsory retirement

22 (1) A contributor being a police officer or a fire officer below the rank of Superintendent or Divisional Officer as the case may be, or a prison officer below the rank of Deputy Commissioner shall retire from the public service on at taining the age of fifty-five years or a contributor being a member of the Bermuda Regiment staff shall retire from the Regiment on attaining the age prescribed by the Bermuda Regiment Governor's Orders 1993 [title 7 item 21a]:

Provided that any such police officer, or any such fire officer or, as the case may be, any such prison officer, may in special circumstances be permitted by the Governor to continue in the public service until a later age not ex ceeding the age of sixty years.

(2) Any other contributor, except where expressly otherwise provided by any provision of law, shall retire from the public service on attaining the age of sixty-five years:

Provided that having regard to the conditions of the public ser vice, the usefulness of such contributor thereto, and all other circum stances of the case, it is desirable in the public interest that the service of any such contributor should be retained, he may be permitted by the Governor to continue in the public service until a later age.

(3) Where a contributor is permitted to continue in the public service after attaining the age of sixty-five years he shall not, except in the case of a Judge of the Supreme Court, after that age �

(a) contribute to the Fund; and

(b) earn any further benefits or acquire any further rights under this Act.

(4) Notwithstanding anything in the foregoing provisions of this section, any contributor may be required by the Governor to retire �

(a) in the case of a police officer or a fire officer below the rank of Superintendent or Divisional Officer, on or at any time after completing twenty-five years' service as a police officer or fire officer as the case may be;

(b) in the case of a prison officer below the rank of Deputy Commissioner, on or at any time after completing twenty-one years' service as a prison officer; and

(c) in the case of any other contributor, except where ex pressly otherwise provided by any provision of law, on or at any time after attaining the age of sixty years:

Provided that if any such police officer, or any such fire officer, or any such prison officer is required to retire as aforesaid, the proviso to section 19 shall not apply to him.

[section 22 amended by 1993 : 6 effective 1 April 1993]

Maximum pension

23 (1) A pension payable to a contributor under this Act shall not exceed sixty per centum of the highest salary drawn by him at any time in the course of his service in Bermuda.

(2) For the purpose of subsection (1) an additional pension certified by the Board under section 38 in respect of injury shall not be taken into account, but where the contributor is granted such an addi tional pension, the amount of such additional pension which he may draw shall not exceed fifteen per centum of his highest salary at any time in the course of his public service by more than the sum by which the amount of his pension, apart from such additional pension, falls short of sixty per centum of such highest salary.

Deferred pensions

24 (1) Subject to the proviso to section 19(1) a person who has contributed continuously to the Fund for a period of not less than 8 years and who is not otherwise entitled to a pension under this Act shall be entitled to a deferred pension payment of which shall commence when he attains the age of 60 years or if he ceases to be employed before at taining that age:

Provided that if he ceases to be employed by reason of any of the circumstances contained in section 19(1)(e), (f), (g) or (h) he shall be enti tled to payment of pension as from the date he ceases to be employed.

Provided further that section 19(1)(e), (f), (g) and (h) shall not ap ply to a contributor employed on contract for a term specified in the contract.

(2) Where a contributor is permitted to continue in the same office in the public service after the age of retirement specified in section 22(1) or (2), payment of any pension to which he may be entitled at that age shall be deferred until he ceases to be employed in the public service.

Special provision for certain contributors

24A (1) This section shall apply to a contributor who is�

(a) a contract officer;

(b) a teacher, police officer, prison officer or fire officer, em ployed by the Government on contract for a fixed period of time whether appointed before or after the 1st day of November, 1985.

(2) Notwithstanding anything to the contrary in this Act a con tributor to whom this section applies who ceases to be employed in the public service having contributed to the Fund for eight years or more but less than ten years shall have the right to elect whether�

(i) he will take a deferred pension under this Act, payment of which shall commence when he at tains the age of sixty years; or

(ii) he will claim a refund of the total of his contri butions to the Fund with interest thereon.

(3) The election referred to in subsection (2) shall be exercis able by the contributor not less than thirty days before the date of the cessation of employment in the public service and he shall notify the Board in writing of his election.

(4) An election referred to in subsection (2) shall be revocable up to five days before the effective date of the cessation of employment but not thereafter.

(5) Where a contributor elects to claim a refund of the total of his contributions to the Fund with interest thereon pursuant to subsec tion (2), that amount shall be refunded to him out of the Fund.

(6) For the avoidance of doubt a contributor to whom this sec tion applies who ceases to be employed in the public service having con tributed continuously to the Fund for ten years or more and who is not otherwise entitled to a pension under this Act shall be entitled to a de ferred pension, payment of which shall commence when he attains the age of sixty years, if he ceases to be employed before attaining that age.

Effect of re-employment of pensioner on amount of pension

25 (1) If a pensioner is re-employed in the public service, his pen sion shall cease on his beginning to receive the salary of the office in which he is re-employed if such salary is equal to or greater than the salary of the office formerly held by him at the date of retirement from or ceasing to be employed in such former office; and if it is less than the salary of such former office, then no more of such pension shall be paid to him than that which, together with the salary of his new office, is equal to the salary of his former office.

(2) Notwithstanding subsection (1) where a pensioner has been or is re-employed on a part-time or casual basis because it is desirable in the public interest to have his service at the disposal of the Government or Government Board, payment of his pension shall not be suspended.

(3) For the avoidance of doubt where a contributor is by virtue of the proviso to section 19(1) or pursuant to section 24, entitled to a deferred pension, any period during which he is re-employed other than on a part-time or casual basis shall be counted as separate pensionable service.

Refunds

26 Subject to section 61 where a contributor �

(a) ceases to be employed in the public service and is not entitled to a pension under this Act; or

(b) dies before becoming entitled to a pension under this Act and leaves no widow, or no child under the age of eigh teen years, an amount equal to the total of his contribu tions to the Fund with interest thereon shall be paid to him or to his estate representative, as the case may be.

Option to elect re-instatement in the Fund in certain circumstances

27 (1) Where a contributor ceases to be employed in the public service in the circumstances set out in paragraph (a) of section 26 then if within 4 years of his ceasing to be so employed he is re-employed in the public service otherwise than on a part-time or casual basis he may, within twenty-one days of being so re-employed, elect either �

(a) to repay to the Fund the amount refunded to him to gether with interest thereon calculated from the date of the withdrawal from the Fund of his contributions to the date of repayment into the Fund; or

(b) to make repayment into the Fund as provided in para graph (a), and to pay contributions for the period during which he was not employed in the public service, such contributions to be calculated upon the salary at which he is re-employed at the rate of 10% per annum or such other rate as may be prevailing at the date of such re-employment; or

(2) If a person elects �

(a) only to repay the amount refunded to him as provided in subsection (1)(a) the period during which he was not employed in the public service shall not be counted as pensionable;

(b) to reinstate his account in the Fund in accordance with subsection (1)(b) his service shall not, for the purpose of calculating his pensionable service, be regarded as hav ing been broken by the fact of his not having been em ployed in the public service for the period between his ceasing to be employed and his re-employment therein;

(c) to retain the amount refunded to him and contribute to the Fund as in subsection (1)(c) his pensionable service shall commence as from the date when he is re-em ployed.

(3) Where a refund of his contributions has been made to a contributor pursuant to section 26 and be elects to retain the amount so refunded, the Government's contributions to the Fund in respect of that contributor shall remain therein.

(4) The Board may allow a person who has elected to reinstate his account in the Fund under subsection (1) to repay the amounts mentioned in subsection (1)(a) or (b) as the case may be, in monthly in stalments with interest thereon calculated on the balance outstanding from month to month, over such period, not exceeding 4 years, as the Board may think fit.

(5) The purchase, under this section, of any period or periods of broken service shall not exceed in any case a total of 4 years.

[section 27 amended by 1993 : 6 effective 1 April 1993]

Refund where there is no estate representative

28 Where a person dies in circumstances under which a refund un der this Act is payable to his estate representative, if there is no such estate representative, the refund shall be paid to Such person as the Board may, after consultation with the Attorney-General, determine.

Restriction on assignment etc. of pensions

29 (1) A pension paid or payable under this Act shall not be assignable or transferable except in the following circumstances�

(a) in satisfaction of a debt due to the Government;

(b) in satisfaction of an order of a court for the payment of periodical sums of money towards the maintenance of a spouse, former spouse, or minor child of the pensioner;

(c) subject to paragraphs (a) and (b) where a pensioner is sentenced to a term of imprisonment by a competent court in or outside Bermuda for a period upward of one month, in accordance with the directions of the pen sioner;

(d) subject to paragraphs (a) and (b), in the case of a pen sioner who is receiving treatment primarily for mental disorder in a hospital or is ascer tained by the Board after such inquiry as the Board may direct to be suffering from mental disorder as defined in the Mental Health Act 1968 [title 11 item 36], in accor dance with an order of a judge made pursuant to section 51 of that Act.

(2) Section 51 of the Mental Health Act 1968 [title 11 item 36] (judge's power to make provision for maintenance or other benefit of pa tients) shall apply to a pensioner who is suffering from mental disorder notwithstanding that the pensioner is not detained in a hospital or undergoing treatment in a hospital.

[section 29 amended by 1998 : 32 effective 13 July 1998]

Proof that pensioner is alive

30 The Accountant General may require such proof as he may think desirable, that any person claiming to be entitled to a pension, or on be half of whom such claim is made, is alive and entitled to a pension; and the payment of any such pension may be refused until such proof is fur nished to the Accountant General.

Notification of certain particulars to Accountant General

31 (1) Every person shall, within three months of his appointment to an established office, notify the Accountant General in writing �

(a) of the date of his birth; and

(b) if he is a married man, or a widower with children who have not attained the age of eighteen years, of the dates of his marriage and of the births of his children.

(2) Every pensioner or contributor shall notify the Accountant General in writing, within three months of the event �

(a) of his marriage, with the name of his wife;

(b) of the birth of any child born to him;

(d) of his bankruptcy;

(e) of the dissolution or annulment of his marriage.

(3) The widow of any pensioner shall notify the Accountant General in writing, within three months of the event�

(a) of the birth of any posthumous child born to such pen sioner;

(b) of the death of any child below the age of eighteen years of such pensioner;

(4) Any such notification as is mentioned in (1) or (2) subsec-

tions (1), (2) and (3) shall be proved by the production of a certificate of birth, death, or marriage (as the case may be) or by affidavit or otherwise to the satisfaction of the Accountant General.

(5) Subsections (1) and (2) shall, mutatis mutandis, apply to every female person or pensioner and subsection (3) shall, in like man ner, apply to widowers in respect of subsection.(3)(b) and (c).

Payment of pensions

32 A pension shall begin to accrue to a contributor on the day fol lowing the last day of his service and shall be paid to him in arrear in monthly instalments.

PART V

PENSIONABLE SERVICE AND COMPUTATION OF PENSIONS

Rate of pension

33 Subject to sections 36 and 37, any contributor who has been in the service of the Government for a period of 8 years or upwards and who retires in accordance with this Act shall be paid a pension at the rate of one eight-hundredth of the salary payable to him immediately preceding the date of his retirement for each complete month of pension able service.

Service qualifying for pension

34 Subject to section 20 (service not qualifying for pension) service qualifying for pension under this Act shall be the period during which a contributor was employed in the public service:

Provided that every police officer below the rank of Superinten dent, every fire officer below the rank of Divisional Officer, and every prison officer below the rank of Deputy Commissioner, who retires on or after attaining the age of fifty-five years, shall have added to his service, in the computation of his service for pension, that number of years and months as is the difference between his actual age and the age of sixty years.

Periods which shall be taken into account as pensionable service

35 For the purpose of computing the amount of a contributor's pen sion the following periods during which he has paid his full contributions shall be taken into account as pensionable service, that is to say �

(a) any period during which he has been on duty;

(b) any period during which he has been absent from duty on leave with full or half salary; and

Retirement by reason of abolition of office

36 (1) If a contributor is compelled to retire from the public service in consequence of the abolition of his office, he shall be paid a pension at the rate specified in section 33:

Provided that in the case of a contributor who does not qualify for a pension under that section he shall be entitled to be refunded the amount of the Government's contributions to the Fund in respect of his service together with the amount of his own contributions, and interest thereon.

(2) A contributor who is compelled to retire from office by rea son only of the abolition of his office, may also be paid an additional pension at the rate of one-sixtieth part of his annual salary at the date of his retirement from office for each complete period of three years' pen sionable service:

Provided that �

(a) the addition shall in no case exceed ten-sixtieths of his annual salary; and

(b) no addition shall be made so as to qualify a contributor for a pension of higher annual value than that for which he would have been qualified by length of service on reaching the age at which he could be required to retire under section 22 or for a pension of higher annual value than the maximum specified in section 23.

Reorganization of office and compulsory retirement

37 (1) If a contributor is removed from the public service for the purpose of facilitating improvement in the administration of the public service by which greater efficiency can be effected, he shall be paid a pension at the rate specified in section 33:

Provided that in the case of a contributor who does not qualify for a pension under that section he shall be entitled to a refund of his contributions with interest thereon.

(2) It shall be lawful for the Board to certify the entitlement to an additional pension of a contributor removed from the public service under subsection (1) as though he had retired from the public service in consequence of the abolition of his office if it is considered by the Board that the circumstances of the case justify the payment of such an addi tional pension and in any such case section 36(2) shall have effect.

Pensions to contributors injured in discharge of duty

38 Where a contributor has been permanently injured while in the public service �

(a) in the actual discharge of his duty; and

(b) without his own default; and

and his retirement is thereby necessitated or materially accelerated, the Board shall, if he is qualified for a pension under section 33, certify his entitlement, in addition to the pension payable to him under that sec tion, to an additional pension at the rate of the proportion of his actual salary at the date of his injury appropriate to his case as shown in the following table:�

TABLE

When his capacity to contribute to his own support is�

slightly impaired, five-sixtieths;

impaired, ten-sixtieths;

materially impaired, fifteen-sixtieths;

totally destroyed, twenty-sixtieths:

Provided that �

(a) the amount of the additional pension shall be reduced to such an extent as the Board may think reasonable in the following cases �

(i) where the injured contributor has continued to actively serve for not less than one year after the injury in respect of which he retires;

(ii) where the injured contributor is at the date of the injury within ten years of the age at which he could be required to retire; or

(iii) where the injury is not the sole cause of retire ment, but the retirement is caused partly by age or infirmity not due to the injury;

(b) the total amount of the additional pension shall not ex ceed the amount prescribed in section 23(2); and

(c) where in the opinion of the Board, the capacity of a con tributor in respect of whom an additional pension has been certified under this section to contribute to his own support has altered sufficiently to justify his inclusion in a category of disability as set out in the table different from that on which his rate of additional pension was granted, his additional pension may be altered to the rate then appropriate to his case.

Payment to injured contributor where service is less than 8 years

39 Notwithstanding any other provision of this Act a contributor injured in the circumstances mentioned in section 38 who has not quali fied for a pension under section 33, or who is the holder of an estab lished office upon probation shall, upon the termination of his employ ment due to such circumstances, be paid a pension, together

with addi tional pension, as if he were a contributor provided for in section 38.

Commutation of pension and reduced pension

40 (1) Subject to this Act a contributor to whom a pension is payable under this Act shall, if he has exercised his option as hereinafter provided, but not otherwise, be paid in lieu of such pension a pension at the rate of seventy-five, eighty, eighty-five, ninety or ninety-five per cen tum of such pension, respectively, as specified in the exercise of his op tion, together with a lump sum payment equal to eleven 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 thirty days preceding the date of such contributor's retirement, but the Board may, if it appears equitable in all the circumstances so to do, allow him to ex ercise the option or revoke an option previously exercised at any time between that date and the date of certification of the pension under this Act.

(3) Subject to subsection (2), if a contributor has exercised the option his decision shall be irrevocable so far as concerns any pension paid or payable to him under this Act.

(4) If a contributor who has not exercised the option dies after he has retired but before a pension has been paid or certified for pay ment under this Act, it shall be lawful for the Board to certify the pay ment of a lump sum to his estate representative and a reduced pension as provided in subsection (1), as if the contributor before his death had exercised his option to receive a lump sum payment and seventy-five per centum of the pension granted to him.

(5) The date of the exercise of the option by a contributor shall be deemed to be the date of the receipt by the Accountant General of his written notification of the exercise of the option.

(6) A re-employed contributor or re-employed pensioner shall be deemed to have exercised, or not to have exercised, in respect of his service subsequent to re-employment or retirement as the case many be, the said option, according as he exercised, or did not exercise, such op tion in respect of his previous service even if, in respect of such previous service, the option was not available to him.

PART VI

WIDOWS', WIDOWERS', AND CHILDREN'S PENSIONS

Application of Part

41 The provisions of this Part shall, mutatis mutandis, apply�

(a) to the death of a female pensioner or contributor;

(b) to the case of a deferred pensioner who dies before at taining the age at which the pension to which he is enti tled would be payable.

Pensions payable to widow, widower and children of pensioner of contributor

42 (1) On the death of a male pensioner or contributor (hereafter in this Part called "the deceased") who has completed 8 years' pension able service, there shall be paid to his dependants (if any) a pension as set out in subsections (2), (3) and (4) based on the amount of the pension he was drawing at the date of his death, or, as the case may be, to which he would have been entitled at the date of his death had he then retired in circumstances in which he would have been entitled to retire with a pension.

(2) If the deceased leaves a widow but no children, the widow shall be entitled to one-half of his pension or, as the case may be, one-half of the pension to which he would have been entitled, until her re-marriage or death.

(3) If the deceased leaves a widow and children by such widow or by a previous wife, the widow shall be entitled until her re-marriage or death to one-half of the amount of his pension or, as the case may be, one-half of the pension to which he would have been entitled, and the children shall, subject to section 43(2), be entitled to the other one-half of such pension in equal shares:

Provided that where the deceased dies leaving a widow and chil dren by the widow or by a previous wife, it shall be lawful for the Board either in the first instance or at any time while pensions are payable to the children, to direct the payment to the widow of part only of such pension and to direct the payment of the balance of such pensions for or towards the maintenance or education of the children in such manner as the Board may think fit.

(4) If the deceased leaves children but no widow such children shall, subject to section 43(2), be entitled to one-half of his pension, or

as the case may be, one-half of the pension to which he would have been entitled, in equal shares.

(5) For the avoidance of doubt it is hereby declared that if the deceased is survived by only one child that child shall take one-fourth of either the pension payable or the pension to which the deceased would have been entitled, as the case may be.

(6) Where a contributor dies before payment of a pension has been made to him, the amounts payable to his widow or children shall be calculated upon the pension which would have been payable to him had he not exercised the option referred to in section 40(1).

Payment and administration of children's pensions

43 (1) In all cases of children's pension under this Act, the whole or any part of such pension may be paid either to the mother, father, or legal guardian of such children, or to the children, or to such person or persons as the Board may in its discretion consider to be fit and proper persons to apply the same for the benefit of such children, and after such payment the Board shall be free of all liability in respect of such payment.

(2) Any pension payable to or for a child shall cease on that child attaining the age of eighteen years:

Provided that such payment shall continue to be made to or for a child over the age of eighteen and under twenty-one years if that child is wholly or mainly dependent.

PART VII

TEACHERS

Compulsory retirement of teacher

44 Notwithstanding any other provision of this Act a teacher shall retire at the end of the school term during which he attains the age of sixty-five years.

Contributions to be deducted from salaries of teachers

45 (1) Except for the periods relating to the percentage deductions specified in subsection (2), section 12 shall apply to teachers who are contributors to the Fund.

(2) The periods in relation to which and the percentage of salary in respect of which deductions shall be made are as follows�

(a) to (d) [omitted] [spent]

(e) from and after 1st September, 1981 5%

Teachers who seek election

46 (1) Where a teacher relinquishes his post as a teacher in ac cordance with an undertaking given pursuant to the Legislature (Qualification and Disqualification) Act 1968 [title 2 item 2] and is unsuc cessful in the election in respect of which he gives the undertaking, the period during which he is not actually engaged in teaching shall not be counted as service entitling him to a pension under this Act unless within three months of his failure to be elected that teacher resumes teaching at a school.

(2) Where subsection (1) applies to any teacher, he shall, within three months of his resumption of teaching, contribute to the Fund an amount equal to the amount which he would have contributed had that subsection not applied.

PART VIII

CAPITAL SUM PAYABLE ON DEATH

Application of Part

47 (1) This Part applies to any contributor who�

(a) dies while still in the service of the Government; and

(b) at the date of his death, has been in the service of the Government for a continuous period of not less than one year:

Provided that, in the case of a contributor whose death results from injury sustained �

(i) in the actual discharge of his duty;

(ii) without his own default; and

(iii) which is specifically attributable to the nature of his duty,

the qualifying period of not less than one year's continuous service shall not apply.

(2) In this Part "nomination" means such a nomination as is referred to in section 48(1), and "nominate", "nominator" and "nominee"

shall be construed accordingly.

Nomination by contributor

48 (1) Subject to this Part a contributor may, at any time before he ceases to be employed in the public service, nominate another person or persons, as a person or persons to whom or for whose benefit a payment may be made under this Part after the nominator's death in the circum stances set out in section 47, and, subject as aforesaid, the Accountant General shall, after the death of the nominator and if the nomination is still in force, make payment to or for the benefit of the nominee or nomi nees, as the case may be.

(2) The nominee or nominees referred to in subsection (1) must be any one or more persons specified by the nominator in writing ad dressed to the Accountant General.

(3) If a contributor to whom this Part applies dies without having made a nomination, the Accountant General shall make payment of the amount specified in section 49 to the duly appointed estate repre sentative of the contributor.

(4) A nomination shall be in writing addressed to the Accoun tant General and may at any time be revoked by the nominator by notice in writing given to the Accountant General.

(5) A nomination shall, in relation to a nominee, become void on the death of that nominee in the lifetime of the nominator and while the nominator is still in the public service.

Capital sum in case of death in the service of the Government

49 (1) In the case of the death of a contributor to whom this Part applies, the Accountant General shall, notwithstanding any other provi sion of this Act, pay out of the Fund to one or more nominees a sum or sums not exceeding in the aggregate one year's salary of that contributor calculated by reference to the rate of the basic salary of which he was in receipt at the date of his death; and for the purpose of this subsection "basic salary" means the salary attached to the contributor's substantive office.

(2) Section 43(1) shall, mutatis mutandis, apply to a payment made under this section to or for a child under the age of twenty-one years and unmarried.

Assessment of capital sum

50 In assessing the amount to be paid under section 49, the Ac countant General shall take into account any sum paid or payable by the Government to the estate or dependants of the deceased contributor un der the Workmen's Compensation Act 1965 [title 18 item 3], or in the case of the Bermuda Regiment staff, under section 44 of the Defence Act 1965 [title 7 item 21], and any sum payable in respect of funeral ex penses under the Government Employees (Disability, etc., Benefits) Act 1953 [title 9 item 15], and may abate the aggregate sum to be paid under section 49 accordingly; but no account shall be taken of any pension payable to the widow or children of the deceased contributor under this or any other Act or of any refund of contributions made under this Act.

Payments to be additional

51 Any payment made pursuant to this Part shall be in addition to any other benefits that may be payable under any other provisions of this Act or of any of the repealed Acts.

PART IX

SPECIAL PROVISIONS RELATING TO CONTRIBUTORS IN NON-ESTAB LISHED OFFICES

Application of Part

52 This Part shall apply to Government employees in non-estab lished offices who are contributors to the Fund in addition to the other provisions of this Act which shall apply mutatis mutandis to the circum stances of non-established employees.

Contributions to be deducted from salary

53 (1) Deductions shall be made from the salary of every contrib utor holding a non-established office in the public service of an amount equal to the following percentages of his salary�

(a) to (d) [omitted] [spent]

(e) from and after 1st January, 1983 5%

and the amount so deducted shall be placed to the credit of the contrib utor in the Fund.

(2) Deductions shall be made in relation to the salary attached to the post at the time the deduction is made whether or not the contrib utor is for any reason receiving less than that salary.

(3) Section 13 shall apply in relation to the Government's con tributions to the Fund with respect to contributions deducted by virtue

of subsection (1).

(4) The deduction of contributions from the salary of a contrib utor under subsection (1) shall be made either weekly or monthly ac cording as payment of his salary is made weekly or monthly.

Computation of pension for service prior to and after the appointed day

54 Notwithstanding section 33 (rate of pension), for the purpose of computing the pension payable to a contributor who retires from a non-established office and who has had continuous service prior to the ap pointed day, that part of his service prior to the appointed day, which is to be counted as pensionable, shall be reckoned as two-thirds of his ser vice up to that day.

PART X

JUDGES' PENSIONS

Application and interpretation of Part

55 (1) This Part shall apply to judges of the Supreme Court of Bermuda.

(2) For the purposes of this Part "judicial office" means the of fice of judge of a court having unlimited jurisdiction in civil and criminal matters in Bermuda.

(3) For the purposes of this Act, the office of judge shall be deemed to be an established office.

Entitlement to pension on retirement

56 (1) Notwithstanding any other provision of this Act, but subject to section 58, a pension shall be paid to a contributor on his retirement from a judicial office which he has held for not less than 8 years and has contributed to the Fund for at least that period �

(a) on or after attaining the age of sixty-five years or, in spe cial cases with the approval of the Governor, seventy years; or

(b) on medical evidence to the satisfaction of the Governor that he is unable by reason of any infirmity of body or mind to perform the functions of his office and that such infirmity is likely to be permanent.

(2) Without prejudice to subsection (1) a contributor who has held a judicial office for less than 8 years and has pensionable service in some other office in the public service shall, subject to section 60(1), be entitled to a pension under this Part if�

(a) he has contributed to the Fund for not less than 8 years; or

(b) his contributory service in such judicial service, when added to his pensionable service in such other office in the public service (whether contributory or not), amounts in the aggregate to not less than 8 years.

Removal from office in certain circumstances deemed retirement

57 (1) A contributor who, in accordance with section 74 of the Constitution [title 2 item 1], is removed from a judicial office for inability, arising from infirmity of body or mind, to perform the functions of his of fice shall be deemed to have retired from that office under section 56 if he has served in that judicial office or some other office in the public ser vice for a total of not less than 8 years.

(2) A contributor who, in accordance with section 74 of the Constitution [title 2 item 1], is removed from a judicial office for any cause, other than inability, arising from infirmity of body or mind, to perform the functions of his office shall be paid a pension, not exceeding one-half of the pension to which he would have been entitled had he re tired from such office at the age of 65 years.

Rate of pension

58 Subject to section 56, there shall be paid to a contributor who retires from a judicial office a pension at the rate of one six-hundredth of the salary payable to him immediately preceding the date of his retire ment for each complete month of his pensionable service.

Determination of length of pensionable service

59 Subject to sections 56(2) and 60, in determining, for the pur poses of section 58, the length of pensionable service of a contributor who retires from a judicial office, account shall be taken of�

(a) the full period during which such contributor was the substantive holder of a judicial office; and

(b) any other period of public service which immediately preceded the period of service referred to in paragraph (a) and was pensionable service under this Act or any of the repealed Acts, and during which period or periods

Bermuda Consolidated Legislation

Public Service Superannuation Act 1981