Revised Laws of Saint Lucia (2021)

9.   Maximum pension

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   (1)   Except in cases provided for by subsection (2), a pension granted to an officer under this Act shall not exceed ²/₃ of his or her highest pensionable emoluments at any time while in the public service under the Government of Saint Lucia.

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   (2)   An officer who has been granted a pension in respect of other public service shall not at any time draw from the Consolidated Fund an amount of pension which, when added to the amount of any pension or pensions drawn in respect of other public service, exceeds ²/₃ of his or her highest pensionable emoluments at any time in the course of his or her public service.

However, where an officer receives in respect of some period of public service both a gratuity and a pension, the amount of such a pension shall be deemed for the purpose of this subsection to be—

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   (a)     where the right to commute any part of a pension in return for the payment of a gratuity has been exercised or deemed to have been exercised, the amount as if that right had not been exercised or deemed to have been exercised, as the case may be; or

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   (b)     in all other cases ⁴/₃ of its actual amount.

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   (3)   Where the limitation prescribed by the preceding subsection operates, the amount of pension to be drawn from the Consolidated Fund shall be such amount as the Governor General shall determine.

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   (4)   For the purpose of this section—

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      (a)     an additional pension granted in respect of injury shall not be taken into account; but where the officer is granted such additional pension under this Act, the amount thereof together with the remainder of his or her pension or pensions shall not exceed ⁵/₆ of the highest pensionable emoluments enjoyed by him or her at any time during his or her pensionable service;

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      (b)     no increase in or allowance to or in respect of a pension which is granted subsequently to the granting of a pension, whether before or after the coming into operation of this Act, shall be taken into account, whether or not such increase is granted under any enactment having the force of law; and

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      (c)     no regard shall be had to any emoluments enjoyed in, or any pension granted in respect of any period of public service which has not been taken into account in determining the amount of the pension payable to an officer under this Act.