Revised Laws of Saint Lucia (2023)

PART 3
TRANSFERRED OFFICERS

7.   Application of Part 3

This Part applies only in the case of an officer transferred to or from public service under the Government of Saint Lucia from or to other public service.

8.   Interpretation

1.  

   (1)   In this Part and Part 4—

“scheduled administration” means—

1.  

   (a)     the Government of any territory, or any authority mentioned in the Schedule to these Regulations;

1.  

   (b)     the Government of Ceylon, in respect of any officer appointed to service under that Government before 4 February 1948;

1.  

   (c)     the Government of Palestine, in respect of any officer appointed to service under that Government before 15 May 1948;

1.  

   (d)     the Government of the Somali Republic, in respect of any officer appointed to service under the former Government of the Somaliland Protectorate before 26 June 1960;

1.  

   (e)     the Government of Sri Lanka, in respect of any officer appointed to service under that Government before 16 August 1960; and

1.  

   (f)     the East African Common Services Organisation, in respect of any person deemed to have been appointed or appointed to serve as President, Vice-President, Justice of Appeal, Registrar, officer or servant of the Court of Appeal for Eastern Africa by or under the Eastern Africa Court of Appeal Order in Council, 1961  Statutory Instrument 1961 No. 2323 (U.K.);

1.  

   (g)     the Interim Commissioner for the West Indies in respect of any person considered to have been appointed or appointed to serve as a judge, Registrar, officer or servant of the British Caribbean Court of Appeal by or under the British Caribbean Court of Appeal Order in Council, 1962, (  Statutory Instrument 1962 No. 1086 (U.K.));

“service in the group” means service in the public service under the Government of Saint Lucia and under a scheduled administration or scheduled administrations.

1.  

   (2)   For the purpose of these Regulations—

   1.  

      (a)     any officer in public service under the Government of the Federation of Rhodesia and Nyasaland immediately before 1 January 1964, who was immediately before that date employed on secondment to service under the Government of Southern Rhodesia, or Northern Rhodesia or Nyasaland, or was from that date so employed shall be deemed to continue in public service under the Government of the Federation of Rhodesia and Nyasaland until his or her employment on secondment is terminated;

   1.  

      (b)     any pension awarded on or after 1 January 1964, in respect of service under the Government of the Federation of Rhodesia and Nyasaland is considered to have been granted by that Government despite the provisions of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963.

1.  

   (3)   Where an officer to whom this Part of these Regulations applies is, on his or her retirement from the public service, not granted a pension or gratuity in respect of his or her employment in the service under the Government of which he or she was last employed, solely by reason of the fact that he or she has not held office or pensionable office therein for a specified period, he or she shall nevertheless be deemed for the purposes of this Part of these Regulations to have retired in circumstances in which he or she is permitted by the law in force in respect of the service in which he or she is last employed to retire on pension or gratuity.

9.   Pension for service wholly within the group

1.  

   (1)   Subject to the provisions of the Act and of these Regulations, where the other public service of an officer to whom this Part of these Regulations applies has been wholly under one or more scheduled administrations and his or her aggregate service would have qualified him or her had it been wholly service in public service under the Government of Saint Lucia for a pension under the Act he or she may, on his or her retirement from the public service, be granted in respect of his or her service in public service under the Government of Saint Lucia a pension of such an amount as shall bear the same proportion to the amount of pension for which he or she would have been eligible had his or her service been wholly in public service under the Government of Saint Lucia as the aggregate amounts of his or her pensionable emoluments during service in public service under the Government of Saint Lucia shall bear to the aggregate amounts of his or her pensionable emoluments throughout his or her service in the group.

1.  

   (2)   In determining for the purposes of this regulation the pension for which an officer would have been eligible if his or her service had been wholly service in public service under the Government of Saint Lucia—

   1.  

      (a)     in the application of regulation 18 his or her pensionable emoluments shall be determined by reference to the pensionable emoluments enjoyed by him or her at the date of his or her retirement from the public service or during the 3 years or lesser period preceding that date, as the case may be, except that where the officer is not serving under a scheduled administration at that date, the date upon which he or she was last transferred from the public service under a scheduled administration shall be deemed to be the date of his or her retirement for the purposes of this subparagraph;

   1.  

      (b)     regard shall not be had to an additional pension under regulation 4(2) or under regulation 22, 23 or 24;

   1.  

      (c)     regard shall be had to the condition that pension may not exceed ²/₃ of the highest pensionable emoluments enjoyed by him or her at any time during his or her public service;

   1.  

      (d)     no period of public service under a scheduled administration or under the Government of Saint Lucia in respect of which no pension or gratuity is granted to him or her by that administration or Government, as the case may be, shall be taken into account.

1.  

   (3)   For the purposes of this regulation the aggregate amount of an officer's pensionable emoluments shall be taken as the total amount of pensionable emoluments which he or she would have received or enjoyed had he or she been on duty on full pay in his or her substantive office or offices throughout his or her period of service in the group subsequent to the attainment of the age of 20 years—

1.  

   However—

   1.  

      (a)     in calculating the aggregate amount of his or her pensionable emoluments, no account shall be taken of any service under a scheduled administration or under the Government of Saint Lucia in respect of which no pension or gratuity is granted to him or her by that administration or Government, as the case may be;

   1.  

      (b)     where service in a civil capacity otherwise than in a pensionable office is taken into account as pensionable service, the officer's aggregate pensionable emoluments during that service shall be taken into account to the same extent as that service is taken into account as pensionable service.

1.  

   (4)   Where an officer entered the public service prior to 1 January 1930, his or her pension in respect of his or her public service under the Government of Saint Lucia may be calculated as though any scheduled administration under which he or she has served had not been included in the Schedule to these Regulations, if this should be to his or her advantage.

10.   Pension where other service is not within the group

1.  

   (1)   Subject to the provisions of the Act and of these Regulations, where the other public service of an officer to whom this Part applies has not included service under any of the scheduled administrations, and his or her aggregate service would have qualified him or her, had it been wholly service in public service under the Government of Saint Lucia for a pension under these Regulations, he or she may on his or her retirement from the public service, be granted in respect of his or her service in public service under the Government of Saint Lucia, a pension of an amount equal to the pension for which he or she would have been eligible under regulation 4(1) if there had been no qualifying period and if he or she had had no other service.

1.  

   (2)   Where the officer is not in public service under the Government of Saint Lucia at the time of such retirement, his or her pensionable emoluments for the purposes of the preceding paragraph shall be those which would have been taken for the purposes of computing his or her pension if he or she had retired from the public service and been granted a pension at the date of his or her last transfer from public service under the Government of Saint Lucia.

11.   Pension when other service both within and not within the group

Where a part only of the other public service of an officer to whom this Part applies has been under one or more of the scheduled administrations, the provisions of regulation 9 shall apply; but in calculating the amount of pension, regard shall be had only to service in the group.

12.   Gratuities where length of service does not qualify for pension

Subject to the provisions of the Act and of these Regulations, where an officer to whom this Part applies retires from the public service but has not been in the public service for 10 years, he or she may be granted in respect of his or her service in the public service under the Government of Saint Lucia a gratuity not exceeding 5 times the annual amount of the pension which, if there had been no qualifying period, might have been granted to him or her under regulation 9, 10 or 11 as the case may be.

13.   Marriage Gratuities

(Revoked by Act 19 of 2003)