Revised Laws of Saint Lucia (2021)

16.   Gratuities to dependants when a non-pensionable officer dies in service or as a result of injuries received in the discharge of his or her duties

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   (1)   Where an officer to whom this section applies dies while in public service under the Government of Saint Lucia after serving in that public office for not less than 5 years, it shall be lawful for the Governor General to grant to his or her legal personal representatives a gratuity at the rate herein specified for each complete year of that public 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 week's pay;

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      (c)     for each additional year, 4 week's 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)   Where an officer to whom this section applies dies as a result of injuries received in public service under the Government of Saint Lucia in the circumstances specified in sections 17(1)(a) and 17(1)(b) before completing 5 years' public service under that Government, it is lawful for the Governor General to grant to his or her legal personal representatives a gratuity not exceeding 5 weeks' pay.

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   (3)   This section applies to an officer who holds—

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      (a)     a non-pensionable office; or

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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 this Act (other than a pension under regulation 23(4) of the Pensions Regulations contained in Schedule 1 to this Act) or for the grant, under his or her terms of service, of a gratuity or a benefit under any other scheme of superannuation.

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   (4)   For the purposes of this section—

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      (a)     “pay” means pay at the date of the officer's death and includes personal allowance and house allowance and any other allowance that the Governor General may see 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 shall be deemed 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, whichever 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 to the contrary that may be given by the Governor General only continuous service terminating at his or her retirement or death 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 this Act (other than a pension under regulation 23(4) of the Pensions Regulations contained in Schedule 1 to this Act) or, as provided under his or her terms of service, a gratuity or benefit under any other scheme of superannuation.