Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697641449095.pdf (Antigua and Barbuda)
ANTIGUA AND BARBUDA PENSION (NON-ESTABLISHED GOVERNMENT EMPLOYEES) (AMENDMENT) BILL, 2019 NO.

OF 2019 The Pension (Non-Established Government Employees) (Amendment) Bill, 2019.

No.

of 2019 2 No.

of 2019 The Pension (Non-Established Government Employees) (Amendment) Bill, 2019.

ANTIGUA AND BARBUDA PENSION (NON-ESTABLISHED GOVERNMENT EMPLOYEES) (AMENDMENT) BILL, 2019 NO.

OF 2019 ARRANGEMENT OF CLAUSES Clauses Interpretation 1.

Short title 2.

3.

Amendment of section 5 4.


Commencement 3 The Pension (Non-Established Government Employees) (Amendment) Bill, 2019.

No.

of 2019 ANTIGUA AND BARBUDA PENSION (NON-ESTABLISHED GOVERNMENT EMPLOYEES) (AMENDMENT) BILL, 2019 NO.

OF 2019 AN ACT to amend the Pension (Non-Established Government Employees) Act, Cap.

310 to increase the pensionable age of Non-Established Government employees and for other connected matters.

ENACTED by the Parliament of Antigua and Barbuda as follows: 1.
Short title This Act may be cited as the Pension (Non-Established Government Employees) (Amendment) Act, 2019.

2.

Interpretation In this Act— “principal Act” means the Pension (Non-Established Government Employees) Act, Cap.

310.

3.

Repeal and replacement of section 5 The principal Act is amended by repealing section 5 and replacing it with the following new section 5— “ 5.
Circumstances in which pension may be granted No pension or gratuity shall be granted under this Act to a non-established employee unless that employee retires from the employment of the Government in any of the following cases— (a) on attaining the age of sixty-five years, or on or after attaining the age of sixty years if the officer opts to retire at that age, or on or after attaining the age of fifty-five years, if the officer requests to retire at that age and the Governor General, acting on the advice of Cabinet, grants his request; 4 No.
of 2019 The Pension (Non-Established Government Employees) (Amendment) Bill, 2019.
(b) where the services of the employee are no longer required by the Department or Ministry of Government in which that employee is employed; (c) on furnishing medical evidence to the satisfaction of the Cabinet that the employee is incapable, by reason of infirmity of mind or body, of continuing in such employment; or (d) where the retirement age of the employee is in accordance with the corresponding pensionable age and pensionable year as set out in the Schedule to the Social Security (Benefits) (Age Pension and Grants) (Amendment) Regulations, 2016.” 4.
Commencement This Act shall take effect from the 31st day of October, 2019.

Passed the House of Representatives this the day of 2019 Passed the Senate this day of 2019 Speaker President Clerk to the House of Representatives Clerk to the Senate 5 The Pension (Non-Established Government Employees) (Amendment) Bill, 2019.

No.

of 2019 EXPLANATORY MEMORANDUM This primary objective of this Bill is to increase the retirement age for non-established employees.
It has become critical that the retirement age is increased in order to allow a non-established employee to retire with full benefits in accordance with the pensionable ages as outlined in the Schedule of the Social Security (Benefits) (Age Pensions and Grants) (Amendment) Regulations, 2016.
For the purpose of achieving the stated objective, Clause 3 of the Bill amended section 5 of the principal Act by repealing the existing provisions regarding the retirement age and substituting new provisions which clearly state that in order to receive a pension or gratuity, a non-established employee must retire from the Government service under several conditions, chief among them being that the employee must have attained the age of sixty-five (65) years.
The amendment also clearly stipulates that a pension or gratuity shall be granted to an employee whose retirement age corresponds with the Schedule of the Social Security (Benefits) (Age Pensions and Grants) (Amendment) Regulations, 2016.

In that Schedule, the retirement year and the corresponding pensionable age is clearly outlined so as to provide guidance relating to retirement for Government employees.

……………………………………….. Honourable Samantha Marshall Minister responsible for the Public Service.

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