Revised Laws of Saint Lucia (2021)

Schedule 1

(Section 3)

ARRANGEMENT OF REGULATIONS

PART 1
PRELIMINARY

PART 2
OFFICERS WITHOUT OTHER PUBLIC SERVICE

PART 3
TRANSFERRED OFFICERS

PART 4
GENERAL

PART 5
SUPPLEMENTARY

PENSION REGULATIONS

PART 1
PRELIMINARY

1.   Citation

These Regulations may be cited as the Pensions Regulations.

2.   Interpretation

In these Regulations, unless the context otherwise requires—

“Act” means the Pensions Act;

“qualifying service” means service which may be taken into account in determining whether an officer is eligible by length of service for pension, gratuity, or other allowance;

“pensionable service” means service which may be taken into account in computing pension under these Regulations.

PART 2
OFFICERS WITHOUT OTHER PUBLIC SERVICE

3.   Application of Part 2

Save when the Governor General in any special case otherwise directs, this Part does not apply in the case of any officer transferred to or from the public service under the Government of Saint Lucia from or to other public service except for the purpose of determining whether such officer would have been eligible for pension or gratuity, and the amount of pension or gratuity, for which the officer would have been eligible, if the service of the officer had been wholly service in public service under the Government of Saint Lucia.

4.   Pension to whom and at what rates to be granted

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   (1)   Subject to the provisions of the Act and of these Regulations, every public officer holding a pensionable office under the Government of Saint Lucia who has been in public service under the Government of Saint Lucia for 10 years or more may be granted on his or her retirement a pension at the annual rate of one four-hundred eightieth of his or her pensionable emoluments in respect of each completed month of his or her pensionable service.

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   (2)   Where an officer retires from public service under the Government of Saint Lucia in the circumstances described in section 6(1)(a)(iv), and at the time of his or her retirement his or her pensionable service was 10 years or more but less than 20 years he or she may be granted in addition to the pension granted under paragraph (1) of this regulation an additional pension at the annual rate of one four hundred eightieth of his or her pensionable emoluments in respect of each month—

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      (a)     by which his or her pensionable service falls short of 20 years; or

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      (b)     if his or her pensionable service would have been for a shorter period than 20 years had he or she continued to hold the same office which he or she held at the date of his or her retirement and retired on attaining the age of 55 years, of such shorter period.

(Amended by S.I. 14/1976)

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

Every officer, otherwise qualified for a pension who has not completed the minimum period of service qualifying for a pension, may be granted on retirement 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 the officer under regulation 4(1).

6.   Marriage gratuities

(Amended by Act 19 of 2003 and S.I. 14/1976)

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

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   (1)   In this Part and Part 4—

“scheduled administration” means—

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

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

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

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   (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;

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

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   (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.);

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   (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.

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   (2)   For the purpose of these Regulations—

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      (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;

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      (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.

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   (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

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   (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.

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   (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—

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      (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;

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

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      (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;

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      (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.

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   (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—

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   However—

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      (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;

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      (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.

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   (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

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   (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.

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   (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)

PART 4
GENERAL

14.   General rules as to qualifying service and pensionable service

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   (1)   Subject to the provisions of these Regulations, qualifying service shall be the inclusive period between the date on which an officer begins to draw salary in respect of public service and the date of his or her leaving the public service without deduction of any period during which he or she has been absent on leave.

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   (2)   A period which is not qualifying service by virtue of the foregoing paragraph shall not be taken into account as pensionable service.

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   (3)   A period during which the officer was not in public service shall not be taken into account as qualifying service or as pensionable service.

15.   Continuity of service

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   (1)   Except as otherwise provided in these Regulations, only continuous public service shall be taken into account as qualifying service or as pensionable service.

However, any break in service caused by temporary suspension of employment in the public service not arising from misconduct or voluntary resignation shall be disregarded for the purposes of this subregulation.

In addition any person holding office in public service under the Government of Palestine immediately before 15 May 1948, is considered to have continued in his or her office until either he or she was appointed to the service of the Crown elsewhere, or, if he or she was not so appointed, he or she retired or was removed from office.

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   (2)   An officer—

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      (a)     whose pension has been suspended under section 10 of the Act or under a corresponding provision in any law relating to the grant of pensions in respect of public service;

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      (b)     who has retired from the public service without pension on account of ill health, abolition of office, or reorganisation designed to effect greater efficiency or economy, and has subsequently been re-employed in the public service; or

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      (c)     who has left pensionable service under—

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         (i)     any Acts relating to the superannuation of teachers in the United Kingdom,

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         (ii)     a local authority in the United Kingdom,

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         (iii)     the National Health Service of the United Kingdom with a view to entering public service not being pensionable service as aforesaid and has, not later than 3 months, or such extended period as the Governor General may in any particular case approve, after leaving such pensionable service, received any salary in respect of employment in public service not so pensionable,

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   may, if the Governor General thinks fit, be granted the pension or gratuity for which he or she would have been eligible if any break in his or her public service immediately prior to such suspension, re-employment or employment had not occurred, such pension to be in lieu of—

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      (a)     any pension previously granted to him or her from the Consolidated Fund; and

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      (b)     any gratuity so granted which is required to be refunded as a condition of the application to the officer of this regulation,

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      but additional to any gratuity so granted which is not required to be refunded as aforesaid.

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   (3)   Where an officer holding a pensionable office retires from the service of the State in circumstances in which he or she is eligible—

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      (a)     for a pension or gratuity under these Regulations; and

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      (b)     for a pension or gratuity under the Teachers Pensions Act, (or the Acts repealed by that Act),

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   then if his or her service which is pensionable under the Teachers Pensions Act was immediately followed by pensionable service under these Regulations, the Cabinet may, either generally or in any particular case direct that such service which is pensionable under the Teachers Pensions Act, may be taken into account as though it were pensionable service under these Regulations. (Inserted by S.I. 27/1969)

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   (4)   Where an officer holding a pensionable office retires from the service of the State in circumstances in which he or she is eligible—

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      (a)     for a pension or gratuity under these Regulations; and

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      (b)     for a pension or gratuity under the Police Pensions Act 1967 or under the Prison Officers Pensions Act,

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   then if his or her service which is pensionable under the Police Pensions Act 1967, or under the Prison Officers Pensions Act, as the case may be, was immediately followed by pensionable service under these Regulations, the Cabinet may, either generally or in any particular case, direct that such service which is pensionable under the Police Pensions Act 1967, or under the Prison Officers Pensions Act, may be taken into account as though it were pensionable service under these Regulations. (Inserted by S.I. 16 and 20/1971)

16.   Leave without salary

A period during which an officer has been absent from duty on leave without salary shall not be taken into account as pensionable service unless such leave has been granted on grounds of public policy with the approval of the Governor General.

17.   Service in Her Majesty's Forces

Where an officer, during some period of his or her service has been on the active list of the Royal Navy, the Army or the Royal Air Force, and pension contributions have been paid in respect of that period from the Consolidated Fund or funds of any schedule administration and have not been refunded such period shall not be taken into account as pensionable service.

18.   Emoluments to be taken for computation of pensions

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   (1)   For the purpose of computing the amount of the pension or gratuity of an officer who has had a period of no less than 3 years' pensionable service before his or her retirement—

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      (a)     in the case of an officer who has held the same office for a period of 3 years immediately preceding the date of his or her retirement, the full annual pensionable emoluments enjoyed by him or her at that date in respect of that office shall be taken;

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      (b)     in the case of an officer who at any time during such period of 3 years has been transferred from one office to another, but whose pensionable emolument have not been changed by reason of such transfer or transfers, otherwise than by the grant of any scale increment, the full annual pensionable emoluments enjoyed by him or her at the date of his or her retirement in respect of the office then held by him or her shall be taken;

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      (c)     in other cases ¹/₃ of the aggregate pensionable emoluments enjoyed by the officer in respect of his or her service during the 3 years of his or her service immediately preceding the date of his or her retirement shall be taken—

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   However—

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      (i)     if such ¹/₃ is less than the highest annual pensionable emoluments enjoyed by him or her at the date of any transfer within such period of 3 years those annual pensionable emoluments shall be taken, and

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      (ii)     if such ¹/₃ is less than the annual pensionable emoluments which would have been enjoyed by him or her at the date of his or her retirement, if he or she had continued to hold any office from which he or she had been transferred at any time during such period of 3 years, and had received all scale increments which, in the opinion of the Governor General, would have been granted to him or her, the annual pensionable emoluments which would have been so enjoyed shall be taken.

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   (2)   For the purpose of determining under paragraph (1) of this regulation the pensionable emoluments that an officer has enjoyed or would have enjoyed, as the case may be, he or she shall be deemed—

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      (a)     to have been on duty on full pensionable emoluments throughout the period of 3 years immediately preceding the date of his or her retirement; and

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      (b)     to have enjoyed the benefit of any increase due to a general revision in the pensionable emoluments of any office held by him or her as if such increase had been payable throughout such period of 3 years.

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   However, if he or she has been transferred from an office which has been abolished and for this reason the pensionable emoluments of that office have not been considered in a general revision of pensionable emoluments, then, for the purposes of this regulation, the pensionable emoluments attached to the abolished office shall be equated with those of such office or offices as are certified by the appropriate service commission as having enjoyed the same pensionable emoluments as the abolished office at the time of the said revision.

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   (3)   For the purpose of computing the amount of the pension or gratuity of an officer who has had a period of less than 3 years' pensionable service before his or her retirement—

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      (a)     the average annual pensionable emoluments enjoyed by him or her during such period shall be taken;

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      (b)     he or she shall be deemed to have been on duty on full pensionable emoluments throughout such period; and

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      (c)     he or she shall be deemed to have enjoyed the benefit of any increase due to a general revision in the pensionable emoluments of any office held by him or her at if such increase had been payable throughout such period.

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   (4)   The estimated value of free quarters in respect of public service under the Government of Saint Lucia shall not exceed ¹/₆ of the actual salary of the office.

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   (5)   In no circumstances shall the pensionable emoluments taken for the purpose of computing the pension or gratuity of any officer exceed the full annual pensionable emoluments enjoyed by the officer at the date of his or her retirement in respect of the office then held by him or her.

19.   Service in non-pensionable office

Only service in a pensionable office, (not being service in respect of which the officer is entitled to a gratuity in lieu of pension or to benefit under any other scheme of superannuation) shall be taken into account as pensionable service.

However—

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   (a)     where a period of service in a civil capacity otherwise than in a pensionable office (not being service in respect of which the officer is entitled to a gratuity in lieu of pension or to benefit under any other scheme of superannuation) is immediately followed by service in a pensionable office and the officer is confirmed therein, such period may with the approval of the Governor General be so taken into account;

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   (b)     any break in service which may be disregarded under the provisions of regulation 15 may likewise be disregarded in determining for the purpose of paragraph (a) whether one period of service immediately follows another period of service;

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   (c)     where an officer has been transferred from a pensionable office in which he or she had been confirmed to an office which is not pensionable and subsequently retires either from a pensionable office or an office which is not pensionable his or her service in the office which is not pensionable may, with the approval of the Governor General be taken into account as though it were service in the pensionable office which he or she held immediately prior to such transfer and at the pensionable emoluments which were payable to him or her at the date of transfer;

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   (d)     where a period of service in an office which is not pensionable is taken into account under this regulation, the officer shall, during that period, be deemed for the purpose of regulations 22 and 23 to be holding a pensionable office, and where that period is taken into account under paragraph (c) to have been confirmed therein. (Amended by Act 19 of 2003)

20.   Acting service

Any period during which an officer has performed only acting service in an office may be taken into account as pensionable service (subject, if the office is a non-pensionable office, to the provisions of the preceding regulation) if the period of such acting service—

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   (a)     is not taken into account as part of his or her pensionable service in other public service; and

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   (b)     is immediately preceded or followed by service in a substantive capacity in a pensionable office in the public service under the same government or authority,

and not otherwise.

21.   Service under age of 20 years or on probation or agreement

Save as otherwise provided in these Regulations, there shall not be taken into account as pensionable service—

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   (a)     any period of service while the officer was under the age of 18 years; or

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   (b)     any period of service while he or she was on probation or agreement, unless without break of service he or she is confirmed in a pensionable office in the public service.

However, any break of service which may be disregarded under the provisions of regulation 15 may likewise be disregarded in determining whether the officer is confirmed in a pensionable office without break of service.

(Amended by S.I. 14/1976)

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))