Revised Laws of Saint Lucia (2021)

12.   Pensions to cease on bankruptcy

1.  

   (1)   Where any person to whom a pension or other allowance is granted under this Act is adjudicated bankrupt or is declared insolvent by judgment of any competent court, then such pension or allowance shall cease.

1.  

   (2)   Where any officer is adjudicated bankrupt or declared insolvent by judgment of any competent court either—

   1.  

      (a)     after retirement in circumstances in which he or she is eligible for pension, gratuity or other allowance, under this Act, but before the pension, gratuity or other allowance is granted; or

   1.  

      (b)     before such retirement, and he or she has not obtained his or her discharge from bankruptcy or insolvency at the date of retirement,

1.  

   then in the former case, any pension or other allowance eventually granted to him or her shall cease as from the date of adjudication or declaration (as the case may be) and, in the latter case, the pension or other allowance may be granted, but shall cease and not become payable, and in either case the gratuity may be granted but shall not be paid to him or her.

1.  

   (3)   Where a pension or other allowance ceases, or where any gratuity is not paid, by reason of this section, it is lawful for the Governor General, with the concurrence of the appropriate service commission, during the remainder of such person's life, or during such shorter period or periods, either continuous or discontinuous, to direct all or any part of the moneys to which such person would have been entitled by way of pension, gratuity or other allowance, had he or she not become bankrupt or insolvent, to be paid to, or applied for, the maintenance or benefit of all or any, to the exclusion of the other or others, of the following, that is to say, such person and his or her spouse, child or children, or such other dependants as the Governor General, with the concurrence of the appropriate service commission, may determine, in such proportion and manner as he or she thinks proper, and such moneys shall be paid or applied accordingly.

1.  

   (4)   Moneys applied for the discharge of the debts of the person whose pension or other allowance has ceased, or whose gratuity has not been paid, by reason of this section shall, for the purposes of this section, be regarded as applied for his or her benefit.

1.  

   (5)   Where a person whose pension or other allowance has ceased, or whose gratuity has not been paid, by reason of this section obtains his or her discharge from bankruptcy or insolvency, it shall be lawful for the Governor General, with the concurrence of the appropriate service commission, to direct that the pension or other allowance shall be restored and the gratuity, or so much thereof (if any) as remains after deducting any payments made under subsection (3), paid as from the date of such discharge or any later date; and the pension or other allowance shall be restored, and the gratuity or such remainder thereof (if any) paid, accordingly.

1.  

   (6)   For the purposes of this section the word “child” includes an illegitimate child, a step-child and an adopted child adopted in a manner prescribed by law, but shall not include a child who has attained the age of 18 years or, in the case of a female, has married.