Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697796029888.pdf (Guyana)
297 GUYANA ACT No.

12 of 1978 PENSIONS (AMENDMENT) ACT 1978 �� /� J" 15ecember, 1978.

ARRANGEMENT OF SECTIONS SECTION 1.

2.

3.

4.

5.

6.

7.

8.

9.

Short title and commencement.

Amendment of section 2 of Chapter of section 4 of Chapter Amendment 8 of Chapter Amendment of section of section Repeal and re-enactment Amendment of section 16 of Chapter Amendment Amendment Amendment of the Pensions of se,rtion 22 of Chapter of section 23 of Chapter 27:02.

27:02.

27:02.

27:02.

27:02.

27.02.


11 of Chapter 27:02.

Regulations 1957.

298 No.

12] THE LAWS OF GUY.ANA .. AN ACT to ame».� the Pensions Act.

1976 fA,D .. A.D. 1976.

Enacted by the Parliament of Guyana :- Sh·o1rt tiit;e and ,cotm- m encem,e nt.

1.

(1) This Act, which amends the Pensions Act, may be cited as the Pensions (Amendment) Act 1976.

Cap.

27:0J.
Cap.

27:0J.

(2)Section 2,:in so far as it relates to the reckonability as pensionable emoluments of � (a)the surcharge allowance paid to a pilot em­ ployed in the Transport and Harbours ment, shall be deemed to have come into opera,.

tion on 1st January, 1969; Depart­ (b)the duty allowance paid to a Permanent Secre­ tary, .shall be deemed to have come into opera­ tion on 1st January, 1973.
(3)Regulation 6 of the Pensions Regulations 9(a), shall apply to officers in the public ser­ 1957, as amended by section 197 4. vice on or after 1st October, (4)Regulation 6 of the Pensions Regulations 1957, as amended by section tion on 1st July, 1973.

9(b), shall be deemed to have come into opera­ as amended by section operation (5)Regulation 17(1) of the Pensions 9(h), shall be deemed to have come into Regulations 1957, on 1st July, 1975.
(6) Regulation 17(3) of the Pensions 9(i), 1957, shall be deemed to have come into Regulations as amended by section operation on 1st Januacy, 1973. :,mendment of ,saa:,ion I of Chapter 27:02.

2.
2.

Section by the substitution in the definition 2 of the Principal Act is hereby amended of the following of the expression "(a) in reispect paragraph (a) for paragraph -- emoluments" "pensionable - of service in Guyana includes (i)salary; (ii)personal (iii)duty allowance allowance; paid to a Permanent Secretary: Provided not be construed Solicitor-General; that this subparagraph as applying to the shall A,D.

1976] PENSIONS (AMENDMENT) [No.


12 I 299 (iv)surcharge allowance paid to a pilot em­ ployed in the Tra&port and Harbours Department; ,; -�· (v) such portion of the inducement allow­ ance as the Government of the United Kingdom:..and the GoYernment of Guyana may, from time to time, by agreement d�ermine to be pensionable, paid but does not include any duty allowance to any othe:r officer;·· allowance ever;".

or any other emoluments what- or any entertainment · · .

3. .
3. .

Section by the insertion under the control �� is".. 4(3) of the Principal of the: words "the head of a department after the words "and, if cha·pter 27:M. of a Minister or is"· Act is hereby amended Ame.ru1ment not t :ction 4.

Section - respects in the following .

8 of the Principal Act is hereby amended A,m��dment , paragraph21=02· pter 8 10f Cha oir section .
(a) by the: substitution of the following (a) - for paragraph "(a) on or after attaining the age of fifty-five with the approval in the proviso to s.ection 11, years or, in special cases of the Minister on or after attaining the age of fifty years or, m special cases as mentioned er to other public or in the case of trans£ on or after attaining service the age at by the law which an officer is permitted or regulations is last employed gratuity whichever of fifty-five years, of the service .in which he to retire on pension or the age or on or after attaining is earli�r;"; proviso for (b) by the substitution of the following that - the proviso thereto - ''Provided (a)where an officer retires service under paragraph ing ten years' pensionable oned otherwise regulation .
othe.r allowance as otherwise from the public ( d) after complet­ (reck­ service with or than in accordance 7(2) (b)) the pension, gratuity granted to him shall, save provided under regulation 7, 300 4 No.

12] THE LAWS OF GUYANA rA.D.
1976 be computed as though such officer had completed twenty years' vice prior to retirement; pensionable ser­ (b) after the enactment in ac�ordance with regulations Regulations of the Pensions (Amendment) Act 1976, a gratuity may be 18 granted and 27 of the Pensions 1957 to an unmarried female officer who is in the public service at the time of the enact­ ment of the said Act and who resigns from the public service on or with a view to marriage notwithstanding otherwise eligible the grant of any pension, allowance.".
that she is not under this section for gratuity or other 11.epeal and re­ ena.ctment of section 11 of Chapter 27:02.

5.
5.

Section Act is hereby repealed 11 of the Principal - therefor and the following section substituted "Age for 11.The Public Service Commission may require an :�=.c:;� officer to retire from the service of Guyana on the age of fifty-five or after attaining years: Provided that in special cases the Public Ser­ vice Commission from the service of Guyana at any time on or after attaining the age of fifty years.".

may require an officer to retire Amendment of section 16 of Chapter 27:02.

6.
6.

Section by the substitution the section and the addition thereafter the permission of the Minister.".

16 of the, Principal of a comma for the full stop at the end of of the words "·or later with Act is hereby amended 7.

Section 22 of the Principal Act is hereby amended in the following respects - Amendment of section 22 of Chapter 27:0,.
(a)by the deletion ter" from subparagraph of the words "and of good charac­ (i) of subsection {l); (.b) by the deletion of and" from subparagraph the words "of good character (v) of subsection (1); for (c) by the substitution (3) - subsectio,n of the following subsection "(S) For the purposes of this section - (a)the word "child" shall include - child; (i)a posthumous (ii)a step-child, or a child born out of lawful wedlock before the date of the 302 6 No.

li] THE LAWS OF GUYANA [A.D. 1976 .


(a) temporary prising suspension from misconduct; of employment not or (b)voluntary after 1st otherwise (2)followed lic service, (whether resignation October, 1974) in circumstances than as mentioned by re-employment in the pub­ at any time ·thereafter, before or in paragraph for the purposes of this of this regulation but only with the shall be disregarded paragraph approval of the Minister stances applies.
"; to which paragraph in respect of the circum­ (b) of this proviso (b) by renumbering regulation spectively, paragraph 6 as paragraphs and by inserting - as paragraph (2) thereof (2) and (3) of (3) and ( 4), re­ paragraphs the following "(2) If an officer - not service from the public than one month prior to (a)resigned earlier the date on which lists of candi­ dates may be submitted Chief Elections Officer in order to become qualified as a member of the National for election to the Assembly; (b) was a candidate at the elections; and (c)failed to be elected , in the public service within made by him he by the of the if on application Commission of the election, in the Gazette be deemed for the to have been em­ he shall, is re-employed two months after the notification Elections result purposes of this regulation ployed in the public se,rvice as if he had not resigned mencing nation and ending on the day immediately preceding on leave of absence period shall ing service.
"; and as if during, the period com­ with the effective he had been pay, and that his re..employment be taken into account date of his resig.

; as qualify­ without A.D. 1976] PENSIONS ( A,MENDMENrJ .. · i'' ' [No.

12 7 303 {c}by .

r�numbering regulation 7 as regulation : 7(1) · and adding the follo,wing subparagraph (g) thereof - ·as subparagraph "(g) ,any period d1:1ring ,which a female officer �s .
been �bse11.t from duty by reason · of the grant to her of mater­ nity leave with salary whether at the full rate or otherwise;"; { d) by inserting the following paragraphs as paragraphs (2), (3\ (4) and (5), respectively, of :regulation "(2) .

· For the purpose of computing 7 - the of a Judge of the of e, or the to.

him shall , or the Director , or the Chief amount of pension Supreme Court of Judicatur Solicitor-General Public Prosecutions Counsel Parliamentary - granted (a)the pension .
be equal to the maximum pension which may.

be granted to an by section 12 of officer as provided· from any such the Act, if he retires office after completing fifteen service in any years' pensionable otherwise such office (reckoned with subpara­ than in accordance graph (b) )or that length of service in the aggregate such office and - (i)in the case of a Judge of the in more than one Supreme Court of' Judicature or the Director of Public Pro­ .
secutio ns if he retires on at- the age at which he is taining required to vacate that office; by the Constitution (ii)in the case of the Solicitor­ or the Chief Parlia­ if he retires General,- mentary Counsel, on attaining five years;.

(b)pensionable the age of sixty� service in any of the aforementioned reckoned sionable service were counted two years of pensfo�able · service, offices shall be so as if every year of pen­ as 304 No.
12] 8 THE LAWS OF GUYANA f A,D, 197f if the holder attaining (a): paragraph retires on in sub­ the age specified therefrom that the Minister Provided fit, having due regard to the special stances of any particular holder case, grant to the may, if he thinks of any such office who - (i)has completed service subparagraph by that subparagraph; the minimum period for the purposes of (a), the benefits required conferred circum­ of (ii)has not completed period of service, by subparagraph the benefits (b), that minimum conferred therefrom on or notwithstanding after attaining attaining (3)The Minister the age specified may, by order, that he retires the age of fifty years but before in subparagraph (a).
direct orf the Minster by the, holder of the office of service which (2) shall apply to the holder an office connected are required) taken as a whole are, , not less favourable of with of Guyana or for the appointment to enjoying that with effect from such date as may be specified in the order, paragraph such other office (being the courts which legal qualifications conditions in the opinion th:m those enjoyed of Judge of the High Court, as the said para­ graph applies to the holder ed therein.
(4)Paragraphs holding the orffices paragraphs and the power conferied proviso to paragraph him in relation 1965, notwithstanding office on 1st January, the enactment before that he retired of the Pensions 1965, apply on or after 1st January, on the Minister (2) may be exercised (2) and (3) shall apply to the persons to which thos2 respective to a person who held any such of an office mention­ by the by the-rpfrom (Amendment) Act 1976.
6, paragraph to section (2) shall, as the (5)Subject in relation to a Justice mutan<lis in relation same applies apply mutatis holding the office of Ombudsman 1966.

"; a pensionable on or after 26th May, to an officer office who is appointed of Appeal, to (e) by the substitution of the following for the proviso 10 - (1) of regulation proviso to paragraph 306 10 THE LAWS OF No.
12] ------------------------ -- ----------- ----- GUYANA [A.D. 1976 (ii)is not on the Teachers' Pension but he had done qualifying which would have been reckon­ Register service able in determining have -his name entered Register, as a teacher.
if he had continued to serve in the said his eligibility to of such person as a teacher the period of service shall be taken into account in computing or graJtuity, and in the_case of a person to whom subparagraph (a) (ii) applies and who i;; in retirement at the time of the enactment of the Pensions (Amendment) on or after 19th June, 1971; "; Act 1976 if he retired pension (g)by the deletion of the words "paragraph (b) of the proviso to" from regulation the addition proviso)" after the words "section ing therein; 13(2) and of the words "( except for the 11" appear­ (h)by the addition of the words "or .such shorter may approve period of service as the Minister in the special circumstances of any case" immediaJtely after the word "Guyana" in regulation 17(1); particular (i) by the addition par agraph (3) of regulation of the following 17 - paragraph as "(3) An officer who is granted an annual allow­ may.
in like to w horn a pen-_;ion under the Act, exercise ance under this regulation manner as an officer is graJl!ted option the rate of three-fourths of such together one-half annual allowance the to be paid an annual allowance at allowance with a sum equal to t wcivc and times the amount by which such is reduced.

": (j) by the deletion stitution of regulation 18 and the sub- of the following regulatio n therefor - enactment 'GrnciJitie,; 18.

Where after the date of th.


:; to tc paicl to femde of the Pensions (Amend- <�;6,�:�riage meillt) Act 1976 an unmarried female service from the service officer who was in the public on that date resigns A.D. 1976] PENSIONS ( AMENLlMENT) [No.

12 11 307 funds of Guyana, held a pension­ in Guyana for for the grant of any pension, or other allowance from the of Guyana on or with a view to marriage after having able office or offices not less than five years and having been.
confirmed in a pensionable office, she may.

if she is not otherwise eligible gratuity public on production her resignation, as the Minister case allow.
of satisfactory the marriage, one-twelfth emoluments month of pensionable Guyana or one year's pensionable emoluments, less.,,; within or such longer may in any particular evidence of not exceeding for each completed a graituity be gr.anted, of a month's whichever pensionable six months of service sha11 be the pericd in (k)by the substitution the word "twenty" of the word "eighteen" in regulation 20(3); for (1)by the insertion in regulation 21 immediately after the word "gratuity" or after attaining whichever is earlier"; the age of fifty-five years.
of the words "or on (m)by the substitution a view to marriage.''

reason that she has married, marry," in regulation 27(1); and of the wollds "on or with for the words "for the or is about to (n)by the deletion 27 and by renumbering regulation as regulation of paragraph (2) of regulation paragraph (1) of the 27.

Passed by the National Assembly on 9th December, 1976.

(Bill 7 /1976) � F. A. Narain, Clerk of the National Assembly.