Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697796882171.pdf (Guyana)
Governor.

7£-Ma.y, 1984.

B RITISR G DIAN A.

ORDINANCE NO.

12-.

OF 1934 .

.AN ORDINANCE to amend the Pensions Ordinance, 1933, with respect A.D. 1934. tho time for the exercise of the option to accept a gratuity to and reduced pension, and with respect to certain regulations.

BE it enacted by the Governor of British Guiana, with the advice and consent of the Legislative Council thereof, as follows :- 1.

This Ordinance may be cited as the Pensions (Amendment) Short Title.
Ordinance, 1934, and shall be construed with the Pensions Ordi· N,,.

20 of nance1 1933, hereinafter referred to as the Principal Ordinance.

1933.

Repeal and re·enact,uen t of sec.

12 of Ord.

:20 of 1933.

Option to take 1educerl peusion wilh groLuiLy.

2 No./2.1 THE !A WS 01' BRITISH G'UIAN,4 [A.D, 1934.

2.
2.

Section twelve of the Principal Ordinance is repealed as from the date of its enactment and the following is substituted:-- " 12.-(1) Any officer to w horn a pension is grnn tcd under this Ordinance may, at his option exercisable as hereinafter provided, be paid in lieu of such pension a pe11sion at the rate of three-fourths of such pension together with a gratuity equal to ~en times the amount of the reduction so made in the pension.
(2) The option referred to in sub-section (1) shall be exercisable (a) in the case of an officer who, if he had been retired on grounds of ill-health at the date of the commencement of this Ordinance might have been granted a pension under this Ordinance, not later than the thirty-first of December, nineteen hundred and thirty-four; (b) in the case of any other officer, not later than one month after the earliest date on which, if retired on grounds of ill-health, he might be awarded a pension under this Ordinance or not later than the thirty-fu·st or D ecember, nineteen hundred and thirty-four, VI hichever shall be the later date: Provided always (i) that an officer who bas previously bad the opportunity of exercising the option but has not done so may apply within one month of bis subsequent marriage for pet·· mission to exercise the option, which permission may be granted at the Governor's discretion after examination of the offi:ier by a Governme11t Medical Board ; (ii) that tha date of the exercille of the option shall be deemed to be the date of the receipt or bis writ ten notifi cation addressed either to tbe Colonial Secretary in the Colony or to the Crown Agents for the Colonies; and (iii) thn.t if an officer has exerciseJ the option his decision irrevocable so far as concems any pension shall be ultimately to be granted io him under this Ordinance."
Amentllreut, of ~e<', 21 (lll of Ord.

20 of l !J33.

3.

Paragraph (II) of section twenty-one of the Principal OrJi nnnce is amended by substituting the words- " not Jater than the hundred and thirty-four" thirty-first of December, nineteen for thtl following words in the fifth and sixth lines " within one year of such commencement."

8 A.O.

1934.)

P.FJNSIONS.

[No.

/2,.

4.


Regulations fifteen, seventeen and nineteen of the f ensions Regulations, 1933, set forth in the Schedule to tbe Principal Ordinance are amended as follows : - (a) in regulation fifteen the first eight lines of parngraph (1) a.re repealed and the following is substituted- Amendment of the Peneions Hegul&tion,, 1933. "
15 (1).-Wbcre an officer has been permanently injured (i) in the actual uischarge of his duty ; and (ii) without his own default; and tiii) by some injury specifically attributable to the nature Officers retiring on n.ccoont of injuries.

of bis duty; and his retirement is thereby necessitated or materiaUy accelerated, he may, if he is qualified for a pension under regu lation thl'ee, be granted, in addition to the pen!
:!ion granted to him under that r egulation, an additional pensiC'!J at the rate of the proportion of his actual pensiona'ole emoluments at the date of bis injury appropriate to his case as shown in the following table :-" (b) in regulation ~eventeen the word stituted for paragraph (1); the word '' fifteen " in ''twenty" is sub line of the fourth Pension for se rvice wholly under the scheduled Govern· men ta.
(c) regulation oineteen is repealed and the following is substituted- " 19-(1) Where the other public service of an officer has been wholly under one or more of the scheduled Govern ments, and he bus held a pensionable office in the Colony for a period of at least twelve months, and his aggregate service would have qualified him, hail be been wholly in the Colony, for a pension under the Ordinance, be may, on bis retirement from the public service in circumstances in which he is permited by the law or Regulations of the service in which he is last employed to retfre on pension or gratuity, be granted a pension from the Colony of such an amount as shall bear the same proportion to tbe amount of pension for which he would have been eligible had his service been wholly in the Colony as the aggregate amounts of his pen sionable emoluments during his service in the Colony shall bear to the total amount made up of such aggregate amount the aggregate amount of bis pensionable together with emoluments from the scheduled Governments.
(2) In determining for the purposes of tbls regulation the pension for which an officer would have been eligible if bis service had been wholly in the Colony- ( a) the fiual pensionable emoluments taken shall be those of hls laet period of service under the scheduled Govern ments; No.

/2- ,] ' THE LAWS OF BRITJSB GUIANA.

fA.D.

1934.


(b) no regard shall be had to regulations thirteea and fifteen ; (c) regard shall be had to the condition that pension may not exceed two-thirds of the final pensionable emoluments ; (d) no period of othor public service under any scheduled Government which does not grant a pension or gratuity to the officer ahall be taken into account.
(3) For the purpose of this regulation the aggregate amount of his pensionable emoluments shall be taken as the total amount of salary which the officer would have drawn nnd the total amount of the other pensionable emoluments which he would have enjoyed had he been on duty on full pay in his substantive 0£1:ice or offices throughout bis period of service in the Colony and under the scheduled Governments subsequent to the attainment of the age of twenty years : Provided that in calculating the aggregate amount of hie peu.sionable emolumentij no account shall be taken of any service under any scheduled Government which does not grant the officer a pension or gratuity : Provided also that where an officer entered the public service prior to the first of January.
nineteen hundred and thirty, his pension in reaped of bis service in the Colony may be calculated as though any scheduled Government under which he has served had not been included in Schedule I to these regulations, if this should be to his advantage."

Passed by the Legislative Council this 18th day of April, 1934.

(l\I.

P. @30/32).

PBtNTICll UY 1'111: Qov1111Nmp1T PRtNTRRS or BlllTISH':GotANA, ;