Revised Laws of Saint Lucia (2021)

18.   War service to count for pension purposes

Where an officer shall have served with Her Majesty's Forces in time of war, with the approval of the Government of the territory in the service of which he or she was last employed before so serving, the following provisions shall have effect—

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   (a)     During the period of such service in Her Majesty's Forces, including any period after the termination of the war (in this section referred to as “military service”), he or she shall be deemed, for the purposes of this Act, to have been on leave on full salary from the public service in which he or she was last employed, and to have held the substantive office last held by him or her in that service prior to military service.

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   (b)     During any period between his or her leaving the public service for the purposes of serving in Her Majesty's Forces and the date of his or her commencing military service, he or she shall, for the purposes of this Act, be deemed to be on leave without pay, not granted on grounds of public policy, from the public service in which he or she was last employed, and to have held the substantive office last held by him or her in that service, prior to military service and during any period between the termination of his or her military service and the date of his or her re-entering the public service he or she, for the said purposes, is considered to be on leave as aforesaid from the service, and to have held the substantive office, in which he or she is re-employed.

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   However—

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      (i)     this section shall not apply when either period mentioned in paragraph (b) exceeds 3 months, or such longer period as the Governor General, may in any special case determine; or if the officer fails, after serving with Her Majesty's Forces, to re-enter the public service otherwise than in circumstances in which he or she would be permitted, under the law applicable to the public service in which he or she is last employed prior to military service, to retire on pension or gratuity, such circumstances arising not later than the expiration of 3 months, or such longer period as may be determined as aforesaid, after the termination of his or her military service;

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      (ii)     if during any period mentioned in paragraph (a) the officer qualifies for pension, or received emoluments in lieu of pension rights, actually in respect of military service, paragraph (a) shall as respects that period, have effect as if the words “leave without salary not granted on grounds of public policy” were substituted for the words “leave on full salary”;

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      (iii)     if during his or her military service the officer shall be injured or killed, he or she shall not, for the purposes of this Act, be deemed to have been injured or killed in the discharge of his or her duty;

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      (iv)     the provisions of this section which require that the officer be considered to have held a specified office and to have been on leave from a specified service shall not apply in respect of any period during which he or she shall actually have held any other substantive office and have been on leave from any public service;

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      (v)     save where in any particular case the Governor General otherwise directs, this section shall not apply where the office in the public service last held by the officer prior to military service was not a pensionable office.