Revised Laws of Saint Lucia (2023)

PART 5
SUPPLEMENTARY

22.   Abolition of office and reorganisation

If an officer holding a pensionable office retires from the public service in consequence of the abolition of his or her office or for the purpose of facilitating improvements in the organisation of the department to which he or she belongs, by which greater efficiency or economy may be effected, he or she may—

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   (a)     if he or she has been in the public service for less than 10 years, be granted in lieu of any gratuity under regulation 5 or regulation 12, a pension under regulation 4(1), or under regulation 9, 10 or 11 as the case may be, as if the words “for 10 years or more” were omitted from regulation 4(1);

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   (b)     if he or she retires from the public service under the Government of Saint Lucia, be granted an additional pension at the annual rate of one-hundred-and-eightieth of his or her pensionable emoluments for each complete year of his or her pensionable service.

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   However—

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      (i)     the addition shall not exceed thirty one-hundred and eightieths, and

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      (ii)     the addition together with the remainder of the officer's pension shall not exceed the pension for which he or she would have been eligible if he or she had continued to hold the office held by him or her at the date of his or her retirement, and retired on reaching the age of 55 years, having received all increments for which he or she would have been eligible by that date.

23.   Officers injured or contracting diseases in the discharge of their duties

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   (1)   This regulation shall apply to an officer who—

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      (a)     is injured in the actual discharge of his or her duty by some injury specifically attributable to the nature of his or her duty which is not wholly or mainly due to, seriously aggravated by, his or her own serious and culpable negligence or misconduct; or

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      (b)     contracts a disease to which he or she is exposed by the nature of his or her duty, not being a disease wholly or mainly due to, or seriously aggravated by, his or her own serious and culpable negligence or misconduct.

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   (2)   In this regulation unless the contrary intention appears, references to an officer being injured and to the date on which an injury is sustained shall respectively be construed as including references to him or her contracting such a disease as is mentioned in paragraph (1) of this regulation and to the date on which such disease is contracted.

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   (3)   Where an officer to whom this regulation applies is holding a pensionable office in which he or she has been confirmed, he or she may—

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      (a)     if his or her retirement is necessitated or materially accelerated by his or her injury and he or she has been in the public service for less than 10 years, be granted, in lieu of any gratuity under regulation 5 or regulation 12, a pension under regulation 4(1) or under regulation 9, 10 or 11, as the case may be, as if the words “for 10 years or more” were omitted from regulation 4(1);

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      (b)     if he or she was injured while in public service under the Government of Saint Lucia be granted on retirement an additional pension, at the annual rate of the proportion of his or her actual pensionable emoluments at the date of his or her injury appropriate to his or her case as shown in the following tables—

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   When his or her capacity to contribute to his or her own support is—

   Slightly impaired		five sixtieths;
   Impaired		ten sixtieths;
   Materially impaired		fifteen sixtieths;
   Totally destroyed		twenty sixtieths:

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   However, the amount of the additional pension may be reduced to such an extent as the Governor General with the concurrence of the appropriate service commission shall think reasonable where the injury is not the cause or the sole cause of retirement.

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   (4)   An officer to whom this regulation applies who is injured while in public service under the Government of Saint Lucia and who holds a non-pensionable office, or who holds a pensionable office in which he or she has not been confirmed, may be granted on retirement, a pension of the same amount as the additional pension which may be granted to him or her under subregulation (3) if his or her office were a pensionable office and he or she had been confirmed therein. The provisions of regulation 25 shall not apply to a pension granted under this subregulation.

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   (5)   If, for the purpose of assessing the amount of any additional pension or pension to be granted under subregulation (3)(b) or under subregulation (4) to any officer to whom this regulation applies, the degree of permanent impairment of his or her capacity to contribute to his or her support is in doubt, he or she may be granted a provisional award to have effect until such time as his or her degree of permanent impairment can be determined. The provisions of regulation 25 shall not apply to an award made under this subregulation.

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   (6)   If an officer proceeding by a route approved by the Governor General to or from Saint Lucia at the commencement or termination of his or her public service under the Government of Saint Lucia, or of a period of secondment, duty leave or leave therefrom, is injured as a result of damage to the vessel, aircraft or vehicle in which he or she is travelling, or of any act of violence directed against any such vessel, aircraft or vehicle, and the Governor General is satisfied that such damage or act is attributable to circumstances arising out of any war in which Her Majesty may be engaged, such officer shall be deemed for the purpose of this regulation to have been injured in the circumstances described in subregulation (1).

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   (7)   An officer who is injured while travelling by air under official instructions, and whose injury is not wholly or mainly due to, or seriously aggravated by, his or her own serious and culpable negligence or misconduct, shall be deemed for the purpose of this regulation to have been injured in the circumstances described in subregulation (1).

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   However, in such a case the rates of pension prescribed in subregulation (3)(b) shall be seven-and-a-half sixtieths, fifteen sixtieths, twenty-two-and-a-half sixtieths and thirty sixtieths respectively.

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   (8)   Where compensation in consequence of the injury is payable under any law in force in Saint Lucia which provides for the payment of workmen's compensation, or where benefits corresponding to an additional pension or pension under subregulation (3) or subregulation (4) are payable, under the Overseas Superannuation Scheme or under the law in force in respect of any other public service, in consequence of the injury, the Governor General with the concurrence of the appropriate service commission may reduce or withhold any additional pension or pension payable under either subregulation (3) or subregulation (4) aforesaid in such manner as he or she may consider reasonable.

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   (9)   Where the Governor General is satisfied that damages have been or will be recovered by an officer in respect of an injury for which an additional pension or pension may be granted under subregulation (3)(b) or under subregulation (4), the Governor General with the concurrence of the appropriate service commission may take those damages into account against such additional pension or pension in such manner and to such extent as he or she may think fit and may withhold or reduce the additional pension or pension accordingly. For the purpose of this subregulation an officer shall be deemed to recover damages whether they are paid under a judgment or order of the court or by way of settlement or compromise of his or her claim and whether or not proceedings are instituted to enforce that claim.

24.   Additional pension for officers with service between 10 years and 20 years retiring on ground of ill-health

Where an officer who has been transferred from other public service and whose aggregate service would have rendered him or her eligible, had it been wholly under the Government of Saint Lucia, for a pension under these Regulations is compulsorily retired from the public service in the circumstances mentioned in regulation 4(2), he or she may, if at the time he or she is in public service under the Government of Saint Lucia, be granted from the Consolidated Fund the additional pension allowed by that regulation as well as the pension granted under regulation 9, 10 or 11 as the case may be.

25.   Gratuity and reduced pension

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   (1)   Any officer to whom a pension is granted under the Act may at his or her option exercisable as in this regulation provided, be paid in lieu of such pension a pension at the rate of ¾ of such pension together with a gratuity equal to 15 times the amount by which such pension is reduced.

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   However, in the application of this regulation to cases where the limitation prescribed by section 9(2) of the Act operates, the words “such pension” shall mean the amount of pension which the officer might have drawn from the Consolidated Fund if he or she had not exercised his or her option under this regulation. (Amended by S.I. 14/1976)

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   (2)   An option exercisable in accordance with this regulation—

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      (a)     is exercisable, and if exercised, may be revoked on or before the date of the officer's retirement or with the permission of the Governor General, at any time between that date and the date of the final award of the pension granted to him or her under the Act;

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      (b)     is exercised or revoked by notice in writing addressed to the Governor General;

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      (c)     is considered to have been exercised or revoked on the date on which such notice is received.

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   (3)   If an officer who has not exercised an option in accordance with this regulation dies after he or she has retired but before a pension has been granted to him or her under the Act, the Governor General may, if he or she thinks fit, grant to his or her legal personal representatives a gratuity and a reduced pension as provided in subregulation (1), as if the officer had exercised the option before his or her death.

26.   Gratuities for officers who have served in non-pensionable offices

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   (1)   Where an officer to whom this regulation applies retires or resigns from public service under the Government of Saint Lucia after serving in that public service for not less than 5 years, he or she may be granted by the Governor General a gratuity at the rate herein specified for each complete year of service, that is to say—

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      (a)     for each of the first 5 years, one week's pay;

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      (b)     for each of the next 5 years, 2 weeks' pay;

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      (c)     for each additional year, 4 weeks' pay.

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   However, the total amount of the gratuity shall not exceed the amount of one year's pay.

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   (2)   This regulation applies to an officer who holds—

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      (a)     a non-pensionable office;

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      (b)     a pensionable office in which he or she is not serving on probation and (if his or her appointment to that office is subject to confirmation) in which he or she has not been confirmed and who is not eligible for the grant of a pension, gratuity or other allowance under the Act (other than a pension under regulation 23(4)) or for the grant, under the terms of service, of a gratuity or a benefit under any other scheme of superannuation.

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   (3)   For the purpose of this regulation—

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      (a)     “pay” means pay at the date of the officer's retirement or resignation and includes personal allowance and house allowance and any other allowance that the Governor General may think fit to include;

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      (b)     an officer who having held a non-pensionable office holds a pensionable office in which he or she is serving on probation is considered to hold a non-pensionable office and his or her pay is considered to be the pay last received by him or her in respect of the non-pensionable office he or she previously held or the pensionable emoluments of the pensionable office held by him or her, which ever is the greater;

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      (c)     in calculating the period in which any officer has served in public service under the Government of Saint Lucia—

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         (i)     subject to any general or special directions that may be given by the Governor General, only continuous service terminating at his or her retirement or resignation shall be taken into account,

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         (ii)     no regard shall be had to any period of service for which he or she is eligible for the grant of or has been granted a pension, gratuity or other allowance under the Act (other than a pension under regulation 23(4)) or, as provided under his or her terms of service, a gratuity or a benefit under any other scheme of superannuation.

Schedule to the Regulations

(Regulation 8(1))