Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694571941700.pdf (Antigua and Barbuda)
ANTIGUA AND BARBUDA THE BARBUDA COUNCIL PENSION ACT, 2007.

No.

8 of 2007 [ Printed in the Official Gazette Vol.

XXVII No.73 dated 25th October, 2007. ]

________ Printed at the Government Printing Office, Antigua and Barbuda, by Eric T. Bennett, Government Printer — By Authority, 2007.

800—10.07 [ Price$3.65 ] The Barbuda Council Pension Act, 2007.

No.

8 of 2007 No.

8 of 2007 The Barbuda Council Pension Act, 2007.

THE BARBUDA COUNCIL PENSION ACT, 2007 ARRANGEMENT Sections 1.

Short title.

2.
Short title.

2.

Interpretation 3.

Pension to be charged on Consolidated Fund.

4.

Pension or gratuity not as of right.

5.

Circumstances in which pension or gratuity may be granted.

6.

Pension how paid and maximum pension.

7.

Pension how granted and rate.

8.

Gratuity and reduced pension.

9.

Gratuities for members and employees of not less than six years standing.

10.

Gratuity to personal representative.

11.

How weekly wage ascertained in certain cases.

12.


Suspension of pension on re-employment.

13.

Application of Act.

The Barbuda Council Pension Act, 2007.

No.

8 of 2007 No.

8 of 2007 The Barbuda Council Pension Act, 2007.

I Assent, Louise Lake-Tack, Governor-General.

8th October, 2007.

ANTIGUA AND BARBUDA THE BARBUDA COUNCIL PENSION ACT, 2007 No.
8 of 2007 AN ACT to allow for the payment of pensions and gratuities to members and employees of the Barbuda Council and for incidental and connected purposes.

ENACTED by the Parliament of Antigua and Barbuda as follows: 1.

Short title This Act may be cited as the Barbuda Council Pension Act, 2007.

2.
2.

Interpretation In this Act— “employee” means a person employed by the Barbuda Council on a week to week or month to month basis whose wage or salary is paid from or out of a vote in the Estimates of the Local Council; “Consolidated Fund” means the Consolidated Fund for which provision is made in Chapter VI of the Constitution; “Council” means the Barbuda Council established under the provisions of section 3 of the Barbuda Local Government Act, Cap.
44; and “member” means a member of the Barbuda Council other than a member who is also a member The Barbuda Council Pension Act, 2007.

No.

8 of 2007 infirmity of mind or body of continuing as a member or as an employee and has been in the service of the Council for at least ten years.

(3) A person who has not retired after having attained the age of fifty-five years shall not receive a pension until his compulsory retirement on attaining the age of sixty years.
(4) For the purpose of this section a person shall be considered to have served as a member of the Council if he was a member of the Council on or after the 23rd day of December, 1976.

6.

Pension how paid and maximum pension A pension granted to a member or an employee under this Act shall be paid monthly in arrears and shall not exceed an amount equal to two and two-thirds times his weekly wage or two-thirds of his monthly salary, received at the time of his retirement.

7.
Pension how granted and rate (1) Subject to this Act, a member or employee of the Barbuda Council may be granted, on retire- ment, a pension at the annual rate of one-fiftieth of fifty-two times his weekly wage at the time of his retirement for each complete year of his employment if: (a) the member has been a member for a continuous period of eight or more years or for periods amounting in the aggregate to eight or more years; or (b) the employee has been an employee of the Barbuda Council for a continuous period of ten or more years or for periods amounting in the aggregate to ten or more years.
(2) In this section — (a) for the purpose of computing the continuous period, “year” means a calendar year; (b) for the purpose of computing the periods amounting in the aggregate to eight or ten years, “year” means every fifty-two weeks, whether continuous or not; or (c) a portion of a year exceeding twenty-six weeks, whether continuous or not, is considered to be a year for the purposes of paragraph (b) in respect of — (i) a member who has been a member for eight or more years, whether continuous or not; and (ii) an employee who has been an employee of the Barbuda Council for ten or more years, whether continues or not.
8.

Gratuity and reduced pension No.

8 of 2007 The Barbuda Council Pension Act, 2007. of the House of Representatives or the Senate.

3.

Pension to be charged on the Consolidated Fund There shall be charged on and paid out of the Consolidated Fund all sums of money as may from time to time be granted by way of pension or gratuity under this Act.

4.
4.

Pension or gratuity not as of right (1) A member or an employee shall not have the absolute right to compensation for past services or to pension or gratuity under this Act.

(2) Where it is established to the satisfaction of the Cabinet that a member or an employee has been guilty of negligence, irregularity or misconduct, the pension or gratuity may be reduced or altogether withheld.

5.
5.

Circumstances in which pension or gratuity may be granted (1) A pension shall be paid to a person who— (a) has served in the Council as an elected member for a period equal in the aggregate to not less than 8 years; (b) has ceased to be a member of the Council; and (c) either— (i) has attained the age of fifty-five years and retires at that age; or (ii) produces medical evidence by two medical practitioners registered in accordance with the provisions of the Antigua and Barbuda Medical Act, Cap.
269, to the satisfaction of the Cabinet that he is incapable by reason of infirmity of mind or body of discharging his duties as a member of the Council and that such infirmity is likely to be permanent.
(2) Pension or gratuity shall be granted under this Act to an employee on retirement from the Council’s employment in any one of the following circumstances— (a) after having attained the age of fifty-five years and retires at that age; (b) on his compulsory retirement on attaining the age of sixty years; (c) on medical evidence to the satisfaction of the Cabinet that he is incapable by reason of The Barbuda Council Pension Act, 2007.

No.
No.

8 of 2007 A member or an employee to whom a pension is granted under this Act may, at the discretion of the Cabinet, be paid in lieu of that pension, a monthly pension at the rate of three fourths of that pension, together with a gratuity equal to one hundred and fifty times the amount of the reduction so made.

9.
9.

Gratuity for members or employees of not less than six years standing (1) An employee may, if he has been employed by the Council for a continuous period of not less than six years, or for periods amounting in the aggregate to not less than six years, and has retired in one of the circumstances mentioned in section 5, be granted, if the Cabinet thinks fit, a compassionate gratuity of two week’s pay at the time of his retirement for each complete year of his employment.
(2) A member may, if he has been a member of the Council for a continuous period of not less than six years, or for periods amounting in the aggregate to not less than six years, and has retired from membership of the Council in one of the circumstances mentioned in section 5, be granted, if the Cabinet thinks fit, a compassionate gratuity of one month’s pay at the time of his retirement for each complete year of his employment.
(3) The provisions of subsections (2) and (3) of section 7 shall apply to this section as though a reference to eight or ten or more years in those subsections were a reference to six or more years respectively.

10.

Gratuity to personal representative There shall be paid to the personal representative of— (a) a member who dies whilst being a member of the Council; or (b) an employee who dies whilst employed by the Council; a gratuity equivalent to fifty-two weeks’ wages of the member or the employee.

11.
11.

How weekly wage ascertained in certain cases For the purpose of granting a pension or gratuity under sections 7, 9 or 10 where a member or an employee is in receipt of a monthly salary, his weekly wage shall be considered to be one-fourth of his monthly salary.

12.
12.

Suspension of pension on re-employment If a member or an employee to whom a pension has been granted under this Act is employed by the Government or re-employed by the Council, the payment of his pension may, if the Cabinet thinks fit, be suspended during the period of his employment or re-employment.

13.

Application of Act No.

8 of 2007 The Barbuda Council Pension Act, 2007.
(1) The provisions of this Act shall apply to— (a) a member who— (i) is first a member with the Council after the commencement of this Act; (ii) is a member of the Council at the commencement of this Act or within six months before or after the commencement of this Act and continues to be a member after the commencement of this Act; and (b) an employee who— (i) is first employed by the Council after the commencement of this Act; (ii) is employed by the Council at the commencement of this Act or within six months before or after the commencement of this Act and continues to be employed after the commencement of this Act.
(2) Notwithstanding the provisions of this Act, the Cabinet may apply the provisions of this Act to any former member or employee of the Council who ceased to be a member or an employee of the Council in any of the circumstances mentioned in section 5.

Passed by the House of Representatives on this 24th day of July, 2007.

Passed by the Senate on this 16th day of August, 2007.

D. Giselle Isaac-Arrindell, Speaker.

Yvonne Henry, Clerk to the House of Representatives.

Hazlyn M. Francis, President.


Yvonne Henry, Clerk to the Senate.

The Barbuda Council Pension Act, 2007.

No.

8 of 2007