Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697795755258.pdf (Guyana)
GUYANA ACT No.

9 of 1990 PENSIONS (AMENDMENT) ACT 1990 I assent H.D.

HOYTE, President, 1990 - 07-05 ARRANGEMENT OF SECTIONS SECTION 1.Shot't title and commencement.

2.Amendment �.

Amendment of section of section 12 of the Principal Act.

15 of the Principal Act.

16 of Pensions · 4.

Amettdinent of regulation .

P,R,lNlffilD iBY GUYANiA NATIOINtAiL PRINTERS LTD.

Regulations 1957.

No.

 91 LAWS OF GUYANA [A.D. 1990 2 AN ACT to amend the Pensions Act.
A. D. 1.990 Enacted by the Parliament of Guyana:- Short title and com- mencement.

Cap.

27:02 1.

This Act, which amends the Pensions Act, may be, cited as the Pensions (Amendment) Act 1990 and sh:11 be deemed to have come into operation on 1st January, 1988.

2.

Section 12 of the Principal Act is hereby amended by Amendment of the Prin- the insertion.

after subsection (4) of the following subsections as of section 1 cipal Act.
subsections (5), (6), (7) and (8) — Subject to the provisions of subsections (6), (7) `(5) and (8), where pension computed under regulation 16 of the Regulations exceeds the maximum pension speci- fied in subsection (1), the officer referred to in that reg- ulation (hereafter in this section referred to as the "said officer") may, notwithstanding anything contained in that subsection, be granted the pension so computed: Provided that the pension granted to the said officer for one year shall not exceed the highest annual rate of pensionable emoluments payable to him at any time in the course of his service in a pensionable office in the service of Guyana: Provided further that subsections (2) and (3) shall apply in respect of the said officer as if the wnr(is "two thirds of", wherever they occur, were deleted.
(6) Subsection (5) shall not apply in the case of the said officer unless — No.
9 of 1590 (a) the subsequent retirement referred to in reg- ulation 16 of the Regulations has taken effect on or after the commencement of the Pen- sions (Amendment) Act 1990; (b) the appropriate Minister certifies — (i) that the re-employment was to maintain or improve the efficiency of the Ministry or Department of the Government, or the other public service, in which the said officer was re-employed, or to provide ser- vice at an acceptable level; and A.D. 1990] PENSIONS (AMENDMENT) '[No.
3 (ii) that prompt efforts were made to had a person, who has not attained the age of fifty-five years and is suitably qualified therefor, for appointment to the office in which the said officer was re-employed and the efforts were unsuccessful; (c) notwithstanding that the pension granted to the said officer in respect of his service prior to the re-employment has not been suspended under section 15(2) during the period of his re-employment, any sums received by him by way of such pension is refunded by him to the Government within such time as may be specified by the Minister: Provided that where the re-employment was before 'the date of the enactment of the Pensions (Amendment) Act 1990, the Minister may direct that this paragraph shall not apply to the said officer; (d) any gratuity paid to the said officer in respect of his service in the office he held in the ser- vice of Guyana, prior 'to the date of his re- employment referred to in regulation 16 of the Regulations, shall be set off against the superannuation benefits granted to him on his subsequent retirement from the service of Guyana referred to in that regulation or against any gratuity payable on his death to his legal personal representative.
(7) For the purpose of computing any gratuity and reduced pension payable, under section 14, to an officer referred to in regulation 16 of the Regulations, the re- ference in the opening part of subsection (1) of that section to pension granted under this Act shall be deemed to be a reference to a pension computed in accordance with subsection (5) of this section, read with that regulation.

(8) In subsection (6) "appropriate Minister" means, — No.
9 of 1090 (a) where the re-employment referred to in that subsection was prior to the date of the enact- ment of the Pensions (Amendment) Act 1990, 1>i°' 9] LAWS ,OF GUYANA [A.D. 1990 4 the Minister assigned responsibility for the Ministry or Department of the Government, or the other public service, in which the said officer was re-employed; and No.
9 of 1990 (b) where the re-employment referred to in that subsection was on or after the date of the enactment of the Pensions (Amendment) Act 1990, the Minister assigned responsibility for the Public Service Ministry.'.

Amendment of section 16 of the PrIn- the following respects — cipai ?

et.

3.
Section 15 of the Principal Act is hereby amended in (a) in subsection (2) by the substitution, for the words "appointed to another office", of the words "re-employed in the same or another office"; (b) by the insertion, after subsection (2), of the follow- ing subsection as subsection (3) — "(3) For the avoidance of doubt it is hei oby declared that subsection (2) shall apply whether or not the re-employment was con- sequent upon being called upon, under sub- section (1), to accept such re-employment in the circumstances mentioned therein.".
Pensions 4.

Regulation 16 of the Pensions Regulations 1957, con- Amendment o egal A tion 16 of Lameu in the Schedule to the Principal Act, is hereby amended Regulations by re-numbering it as paragraph (1) thereof and — 4.

• 57.
• 57.

(a) in paragraph (1), as so re-numbered — (i) in the opening portion, by the substitution, for the words "appointed to another", of the words "re-employed in the same or another"; (ii) in the proviso, by the substitution, for the full stop at the end, of a colon and by the in- sertion.
after the proviso, of the following further proviso — "Provided further that, where an officer exercises the option referred to in section 14 (1) in respect of the pension for the next period of service referred 'to in the preceding proviso, section 14 shall apply in respect of the pension for the afore- said next period of service.

"; 5 A.D.1990] PENSIONS (AMENDMENT) [No.
------------------ after paragraph (1), of the follow- ------------·--- (b)by the insertion, ing paragraph as paragraph {2) - retirement in the service his previous , there is an re-employment of any officer, re­ (1) on to in paragraph of the Pen­ (1) "(2) Where, between and subsequent interruption employed as referred or after the date of the enactment sions (Amendment) Act 1990, paragraph of the pension shall apply to the computation of 'that officer on his final retirement if - only (a)the interruption in service is caused by retirement such re­ (whether was before or after 'the com­ his previous tirement mencement Act 1990) followed ment; of the Pensions by the re-employ­ (Amendment) (b)it does not exceed twelve months; and ( c)the Minister in service shall be disregar ded.".
directs that the interruption Passed by the Natfonal Assembly on 1990-05-28.

(Bill.

No.

13/1990) Clerk of the National Assembly.

F. A. Narain, 4