Revised Laws of Saint Lucia (2021)

2.   Interpretation

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   (1)   In this Act, unless the context otherwise requires, the following expressions have the meanings assigned to them, that is to say—

“appropriate service commission” means the Public Service Commission or in cases to which section 81 of the Constitution applies the Judicial and Legal Services Commission;

“Constitution” means the Constitution of Saint Lucia;

“house allowance” means the value of free quarters as defined in regulations under this Act;

“inducement allowance” means the inducement allowance referred to in clause 3(a) of the Schedule to the Overseas Service (Saint Lucia) Act, 1963;

“non-pensionable office” means an office which is not a pensionable office;

“other public service” means public service not under the Government of Saint Lucia;

“pensionable emoluments”—

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   (a)     in respect of public service under the Government of Saint Lucia include—

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      (i)     salary,

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      (ii)     personal allowance, and

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      (iii)     house allowance, and

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      (iv)     inducement allowance,

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   but do not include duty allowance, entertainment allowance or any other emoluments whatever;

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      (b)     in respect of other public service, means emoluments which count for pension in accordance with the law or regulations in force in such service;

“pensionable office” means—

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   (a)     in respect of public service under the Government of Saint Lucia, an office which, by virtue of provisions in force in an order made by the Governor General and published in the Gazette, is declared to be a pensionable office; and any such order may be amended, added to, or revoked by an order so made and published; but where by virtue of any such amendment or revocation any office ceases to be a pensionable office, then so long as any person holding that office at the time of the amendment or revocation continues therein, the office shall as respects that person, continue to be a pensionable office;

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   (b)     in relation to other public service, an office which is a pensionable office under the law or regulations in force in respect of such service;

“personal allowance” means a special addition to salary granted personally to the holder of the office, but does not include such addition if it is granted subject to the condition that it shall not be pensionable;

“public service” means—

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   (a)     service in a civil capacity under the Government of Saint Lucia or any other country or territory in the Commonwealth and includes any service which was public service within the meaning of that expression in the Pensions Act, 1945;

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   (b)     service under the East Africa High Commission, the East African Railways and Harbours Administration, the East African Posts and Telecommunications Administration or the East African Common Services Organisation;

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   (c)     service which is pensionable—

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      (i)     under the Overseas Superannuation Scheme,

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

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      (iii)     under a local authority in the United Kingdom or in Saint Lucia,

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      (iv)     under the National Health Service of the United Kingdom;

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   (d)     any other service that the Governor General may determine to be public service for the purposes of this Act;

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   (e)     except for the purposes of computation of a pension, gratuity or other allowance and of section 9, service in respect of which a pension may be granted under the Governor General's Pensions Act, 1957, or any Act amending or replacing that Act;

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   (f)     service as the holder of the office of President, Vice-President, Justice of Appeal, Registrar, officer or servant of the Court of Appeal for Eastern Africa established by the Eastern Africa Court of Appeal Order in Council, 1961; and

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   (g)     service in the service of the Interim Commissioner for the West Indies;

“salary” means the salary attached to a pensionable office, or, where provision is made for taking service in a non-pensionable office into account as pensionable service, the salary attached to that office;

“subordinate officer” means any member of the Royal Saint Lucia Police Force of or below the rank of inspector.

(Amended by Act 4 of 1992)

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   (2)   For the avoidance of doubt it is hereby declared that where an officer is confirmed in a pensionable office and is thereafter appointed to another pensionable office, then, unless the terms of such appointment otherwise require, such last mentioned office is for the purposes of this Act an office in which he or she has been confirmed.

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   (3)   Where a pensionable office is abolished, and the person holding that office retires from the public service in consequence, he or she, if the office is abolished before that day, is deemed to have continued to hold it until the day immediately preceding the date of his or her retirement.