Revised Laws of Saint Lucia (2021)

13.   Pensions may cease on imprisonment

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   (1)   Where any person to whom a pension or other allowance has been granted under this Act is sentenced to death or a term of imprisonment by any competent court for any offence, such pension or allowance shall, if the Governor General with the concurrence of the appropriate service commission so directs, cease as from such date as he or she determines.

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   (2)   Where any officer is sentenced to death or to a term of imprisonment by any competent court for any offence 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, then—

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      (a)     the provisions of subsection (1) shall apply as respects any pension or other allowance which may be granted to him or her; and

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      (b)     the Governor General with the concurrence of the appropriate service commission may direct that any gratuity which may be granted to him or her shall not be paid.

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   (3)   Where a pension or other allowance ceases, or a gratuity is not paid, by reason of this section, it is lawful for the Governor General with the concurrence of the appropriate service commission 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 but for the provisions of this section, to be paid or applied in the same manner in all respects as provided in section 12; and such moneys shall be paid or applied accordingly.

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   (4)   Where any person whose pension or other allowance ceases or whose gratuity is not paid, by reason of this section after conviction at any time receives a free pardon, the pension or allowance shall be restored with retrospective effect, or his or her gratuity shall be paid, but in determining whether arrears of such pension or allowance are payable to such a person and in computing the amount thereof and the amount of any gratuity, account shall be taken of all moneys paid or applied under subsection (3).

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   (5)   Where any pension or other allowance ceases or a gratuity is not paid by reason of this section it is lawful for the Governor General, with the concurrence of the appropriate service commission, at any time, and upon such terms and from such date (including any past date) as he or she thinks fit to restore, either in whole or in part, such pension or allowance or to direct the payment of such gratuity or any part thereof, but in determining whether arrears of such pension or allowance are payable and in computing the amount thereof and the amount of any gratuity, account shall be taken of all moneys paid or applied under subsection (3).