(1) Pension, gratuity or other allowance shall not be granted under this Act to any officer except on his or her retirement from the public service in one of the following cases—
(a) if he or she retires from public service under the Government of Saint Lucia—
(i) on or after he or she attains the age of 55 years, or in special cases, with the approval of the Governor General, acting after consultation with the appropriate service commission, 50 years,
(ii) on the abolition of his or her office,
(iii) on compulsory retirement for the purpose of facilitating improvement in the organisation of the department to which he or she belongs, by which greater efficiency or economy may be effected,
(iv) on medical evidence to the satisfaction of the Governor General, acting after consultation with the appropriate service commission that he or she is incapable by reason of any infirmity of mind or body of discharging the duties or his or her office and that such infirmity is likely to be permanent,
(v) in the case of termination of employment in the public interest as provided in this Act;
(b) if, having been transferred to other public service—
(i) he or she retires after he or she attains the age at which he or she is permitted by the law or regulations of the public service in which he or she is last employed to retire on pension or gratuity or, if no age is prescribed by the said law or regulations, he or she retires after he or she attains the age of 50 years, or
(ii) he or she retires in any other circumstances in which he or she is permitted by the said law or regulations to retire on pension or gratuity. (Amended by Act 19 of 2003)
(2) (Repealed by Act 19 of 2003)
(3) An officer not otherwise qualified for 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 otherwise may, on his or her retirement or resignation from public service under the Government of Saint Lucia after he or she has served in such public service for not less than 5 years, be granted a gratuity in accordance with the provisions of regulation 26 of the Pensions Regulations contained in Schedule 1 to this Act.
(4) At any time after any subordinate officer who has either attained the age of 50 years or has served in the Force for 20 years then such subordinate officer may retire from the Force, or may be called upon to retire therefrom by the Governor General.
(5) The provisions of subsection (4) shall apply to—
(a) any subordinate officer first appointed to the Force on or after 1 January 1971; and
(b) any subordinate officer first appointed to the Force before that date who elects that the provisions of subsection (4) shall apply to him or her.
(6) At any time after a member of the Fire Service of or below the rank of station officer attains the age of 50 years or has served in the Fire Service for a period of 20 years then such station officer or other member as aforesaid may retire from the Fire Service or may be called upon to retire therefrom by the Governor General.
(7) Despite anything in this Act with respect to the payment of pension, where a public officer who is entitled to a pension under this Act resigns from public service after at least 10 years of service but before he or she qualifies for a pension, the Minister of Finance shall cause an amount equal to 10% of his or her gross earnings arising from such public service to be paid to the National Insurance Fund on the public officer's behalf.
(8) The amount paid on behalf of a public officer into the National Insurance Fund under subsection (7) shall be deemed to be a contribution towards the pension of the person on behalf of whom it was paid and shall be paid to the person at the age of 60 years.
(9) The Director of National Insurance may cause to be done all such things as may be necessary to give effect to subsections (7) and (8).
(10) Despite anything in this Act with respect to the payment of a pension, a public officer who is 45 years or more but less than 50 years, who has served in the public service for an aggregate period of at least 20 years and who wishes to retire from the public service is entitled to receive a pension and gratuity equivalent to 30% less than what he or she would have been eligible for if he or she had qualified for a pension and gratuity at the age of 55 years.
(11) (Repealed by Act 35 of 2003)
(12) (Repealed by Act 35 of 2003).
(13) Despite anything in this Act with respect to the payment of a pension, a public officer who has served in the public service for a period of at least 10 years and who within 3 years immediately after his or her public service becomes a member of Parliament and serves for a period of not less than 6 consecutive years, is upon reaching the age of 50 years eligible for a reduced pension and gratuity and shall have his or her period of service in Parliament added to his or her years of service as a public officer when computing his or her reduced pension or gratuity.
(14) A person who has received a benefit under subsections (7) and (8) or (10) shall not receive any benefit under subsection (13).
(Amended by Acts 4 of 1992, 29 of 1996, and 1 of 1999)