Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697796024323.pdf (Guyana)
BILL No.

13 of 1990 Saturday, 21st April, 1990 PARLIAMENT Public Buildin OFFICE,, gs, Georgetown.

(,uyarn ;.. 90-04-20.

The followin · s publish'ed for-general information.

g Bill which will be introduced in the National Assembly F. A. Narain.

Clerk of the National Assembly.

r&.

am GUYANA Bill No.

13 of 1990 PENSIONS (AMENDMENT) BILL 1990 ARRANGEMENT OF SECTIONS ECTION 1.Short title and commencement.

2.Amendment 3.Amendment 4.Amendment of section of section of re ulation 12 of the Principal Act.
15 of the Principal Act.

Re lations .

16 of Pensions ..._ __ · 2 A B1LL Intituled Act.

AN ACT to amend the Pensions A.

D, 1990 Enacted by the Parliament of Guyana:- Short title and com­ mencement.

Cap.

27:02 1.This Ac't, as the Pensions have come into operation which amends the Pensions Act, may be cited Act 1990 and shall be deemed to (Amendment) on 1st January, 1988.

Amendment 2.Section �: st��i;nri�� 'the insertion, clpa1 Act.
subsections {5}, (6), (7) and (8) - 12 of the Principal Act is hereby amended by after subsect' on ( 4) of the following as subsections of subsections to the provisions computed under regulation 16 '(5) Subject and "8), where pension of the Regulations fied in subsec'tion to as the gulation (hereafter "said officer") may, notwithstanding anything contained so computed: in that subsection, exceeds (1), the officer referred the maxlmum pension in this section the pension be granted referred to in that re­ speci­ (6), (7) Provided 'that the pension granted to the said officer for one year shall not exceed the highest rate of pensionable emoluments time in the course in the service payable of his service in a pensionable to him at any office of Guyana: annual Provided apply in respect thirds of", wherever that subsections of the said officer as if the words "two were deleted.
they occur, (2) and {3) shall fur'ther (6)Subsection said officer unless - (5) shall not apply in the case of 'the ,(a) the subsequent retirement 16 of 'the Regulations gulation on or a�ter 'the commencement sions (Amendment) Act 1990; to in re­ referred has taken effect of the Pen­ (b)the appropriate Minister - certifies (i)that the re-employment the efficiency or improve or Department other public service, or 'the in which the said of the Government, was to maintain of the Ministry 3 COl:028 officer was re-employed, vice at an acceptable level; and or to provide ser­ (ii)that prompt efforts were made to find a who has not attained the age of years and is suitably for appointment 'to the office in person, fifty-five therefor, which the said officer was re-employed and the efforts were unsuccessful; qualifi£:d (c)notwithstanding that the pension granted 'to of his service prior has not been suspended the said offier in respect 'to the re-employment under secton 15(2) during the period of his re-employment, way of such pension the Government within specified by him by any sums received is refunded by him to such time as may be by the Minister; Prov:ded that where the re-employment was be"ore 'the date of the enactment of the Pensions may direct to the said officer; that this paragraph ·(Amendment) shall not apply Act 1990, the Minister paid to the said officer in respect in the office he held in the ser­ prior to the date of his re­ (d)any gratuity of his service vice of Guyana, employmP,nt referrPd the Regulations, superannuat;on benefits granted his subsequent of Guyana referred against any gratuity his legal personal to him on from the service to in that regulation payable on his death to shall be set off against representative.
to in regulation retirement 16 of the or any gratuity 14, to an officer penSJ.on payable, to in regulation in the opening to pension (7)For the purpose reduced referred ference section deemed to be a reference accordance with that regulation.
of computing under section 16 of the Regulations, the re­ part of subsection (1) of that granted under this Act shall be to a pension computed '(5) of this section, with subsection in read and (8)In subsection (6) "appropriate Minister" means, - (a)where the re· employment referred to in that subsection ment of the Pensions was prior to the date of the enact­ '(Amendment) Act 1990, 4 assigned or Department 'the Minister NI'nistry or the other public officer was re-employed; service, and responsibility of the Government, for the in which the said (b)where the re-employment referred was on or after the date of the subsection Act (Amendment) of the Pensions enactment assigned 1990, the Minister for responsibility Ministry.".
the Public Service 'to in that en}a 3.Section enc1m Am 1 o sec n.., t1o of the Prln· the following clpal .A.ct.
- respects 15 of the Principal Ac't is hereby amended in .,, (a)in subsection �2) by the substitution, for the words "appointed to another "re-employed in the same or another office", of the words office"; 1(b) by the insertion, after subsection (2), of the follow- ing subsection as subsection (3) - that subsection "(3) For the avoidance declared whether sequent section the circumstances of doubt it is hereby (2) shall apply or not the re-employment upon being called (1), to accept such re-employment was con­ upon, under sub­ in therein.".
mentioned Amendment 4.Regulation U0 ;e,;1�i tained in the Schedule Pensions Re-by re-numbering gulattons 1�7.
16 of the Pensions to the Principal and - (1) thereof it as paragraph Regulations 1957, con­ Act, is hereby amended (a)in paragraph (1), as so re-numbered - (i)in the opening for the words "appointed words "re-employed by the substitution, to another", of the in the same or another"; portion, (ii)in the proviso, for the full stop at the end, of a colon and by the in­ after the proviso, sertion, - further proviso by the substitution, of 'the following further the option that, where an officer referred of the pension referred "Provided exercises 14 (1) in respect next period of service preceding proviso, section in respect of the pension said next period of service.
"; to in section for the 'to in the 14 shall apply for the afore­ (b)by the insertion.
after paragraph (1), of the fo.low­ retirement (2) - his pr<3vious re-employment , there is an ing paragraph· as paragraph -"(2) Where, be'cween and subsequent interruptioa employed as referred or after the da'te of the enactment sions (Amendment) shall apply to the computation of 'th�t officer on his final retirement if - to in parMraph (lJ on of the Pen­ Act 1990, paragraph in the servlce of any officer, re­ only of the pension (1) (a)'the interruption in service retirement (whether such re­ was before or after the com­ is caused by his previous tirement mencement Act 1990) following ment; of the Pensions \Amendment) by the re-employ­ (b)it does not exceed twelve months; and (c) the Minister directs that the interruption in service shall be disregarded.".
EXPLANATORY MEMORANDUM Regulations 1957 deals with the com­ who has been re-employed in another from it.

Clause 4 of 'this Bill wi'th effect from 1st January, also 'to cases where a pensioner .
Clause 4 of the Bill also seeks to re-number 1988, so as is re­ (1) of that regulation That new paragraph and to insert seeks to pro­ (1) of regulation 16 will apply to a Regulation of pension 16 of 'the Pensions retires when a pensioner in that regulation, utation ffice, specified eeks to amend that regulation, oextend its beneficial provisions mployed he existing new paragraph ide that the re-numbered ensioner egislation.

in the same-office.
in the same-office.

re-employed · regulation paragraph 16 as paragraph ent and the re-employment if there is an interruption that follows in service (2) in that regulation.

errup'tion directs after the commencement in service of the present between the first retire­ amending it, only if the period of the in­ does not exceed twelve months and the Minister that the interruption in service be disregarded.

2.Clause 2 of the Bill seeks to amend section Cap.

27:02.
27:02.

The amendment sion payable to a re-employed Regulations 1957 may, subject exceed.

the maximum specified highest an time in the course of his service annual ra'te of pensionable in subsection to the fulfilment of certain (1) of that section, but no't the to that cfficer at office i the ic payablP.

in a ensionable emoluments seeks to provide officer under regula'tion 16 of the Pensions conditions, 12 of the Pensions that the re-computed Act, pen­ 6 .1 ne condition of Guyana.

subsection Cap.
subsection Cap.

27:02, (6) proposed ty clause 2 of the Bill.

referred to be inserted to above are contained in the new in section Act, 12 of the Pensions 3.Clause· 3 of the Bill seeks to amend subsection (2, of section 15 above ;\ct so as to apply that subsection is re-employed oi ·�:1e sioner a new subsection also to cases where the re-employment one m�ntioned (1) of that section.

<3) in tha't section in subsection in the same office.
That clause to clarify that is in circumstances other than the also seeks to insert applies the subsection also to a case where a pen­ Faith A. Harding, Minister of the Public Service.