Pensions (Supplementary Provisions) Act

Chapter number: 
162
In force: 
Yes

 

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CONSOLIDATED TO 30 JUNE 2012

 

 

LAWS OF SEYCHELLES

CHAPTER 162

Act 6 of 1982.

 

PENSIONS (SUPPLEMENTARY PROVISIONS) ACT

(26th May, 1982)

 

ARRANGEMENT OF SECTIONS

1.      Short title.

2.      Interpretation.

3.      Increase of pensions.         

4.      Forfeiture of pensions for disloyalty etc.

 

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1.            This Act may be cited as the Pensions (Supplementary Provisions) Act.

 

2.            In this Act, unless the context otherwise requires –

 

"officer" means an officer entitled to a pension and includes a teacher (as defined in the Teachers' Pensions Act) entitled to a pension;

 

 "pension" means a pension or other allowance granted or payable under an Act specified in the Schedule.

 

3.            (1)        The President may make regulations authorizing increased rates of pensions.

 

(2)        Regulations under this section may make such other provisions as appear to the President to be necessary or expedient in connection with the authorised increased rates, including adaptations of an Act specified in the Schedule or any other written law in consequence of those authorised increased rates.

 

(3)        Regulations under this section may be given retrospective effect.

 

4.      (1)        The President may certify that he is satisfied that an officer has acted or is acting in a manner disloyal and gravely injurious to the Republic.

 

(2)        Where the President has given a certificate under subsection (1), he may withhold or stop payment of the whole or part of that officer's pension (subject to such exceptions as the President considers necessary for the maintenance of any wife, children or dependants of the officer)

 

(3)        A decision by the President under this section is final and conclusive.

 

(4)               This section applies –

 

(a)                   to any pension whether it was granted before or after the commencement of this Act and notwithstanding section 31(1)(b) of the Interpretation and General Provisions Act, or any other law to the contrary;

 

(b)         in respect of any action by an officer after the commencement of this Act.

 

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SCHEDULE
 

Section 2

 

1.      Acts under which pensions are granted

 

Pensions Consolidation Act, 1902

Pensions (Amendment) Act, 1928

Pensions Act      

Teachers' Pensions Act                        

  

2.      Acts increasing pensions

 

Pensions Increase Act, 1965    

Pensions Increase Act, 1969     

Pensions Increase Act, 1970      

Pensions (Increase) Act, 1973         

Pensions (Increase) Act, 1975                

Pensions (Increase) Act, 1976                

Pensions (Increase) Act, 1974               

Pensions (Increase) Act, 1980               

 

 

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LAWS OF SEYCHELLES

CHAPTER 162

PENSIONS (SUPPLEMENTARY PROVISIONS) ACT

SUBSIDIARY LEGISLATION

SI. 47 of 1994

Section 3

Pensions (Increase) Regulations

(1st January, 1994)

 

1.      These Regulations may be cited as the Pensions (Increase) Regulations.

2              (1)     In these Regulations, unless the context otherwise requires –

“authorised increase” means the increase authorised by these Regulations to a pension;

“Grouped Government” has the meaning assigned to it in the Pensions Regulations;

“officer” means an officer entitled to a pension.

(2)     For the purposes of these Regulations a pension or other allowances paid in accordance with the Pensions Act to and in respect of every member of the Seychelles Security Guards Service to whom the Seychelles Security Guards Service Pensions Act applies shall be deemed to be a pension granted or payable under the Pensions Act.

3.     Subject to the provisions of these Regulations a pensions of an officer may be increased, in respect of any period beginning on or after 1st January, 1994 as follows-

Present pension                                            Increase per month

per month

R. 200 to R. 349                                                       R. 175

R. 350 to R. 749                                                       R. 150

R. 750 and over                                                        R. 100

4.            Where an officer has retired from service under a Grouped Government the pension of that officer may be increased to the same extent as if the officer had retired from service under the Government of Seychelles on the day immediately following the effective date of the latest general revision of salaries by the Grouped Government from whose service the officer retired which was taken into account in determining the amount of the pension of that officer.

5.            Where any person has become, or becomes, eligible for the grant of two or more pensions under one or more of the Acts mentioned in paragraph 1 of the Schedule to the Act, the authorised increase in respect of both or all of these pensions shall not in the aggregate exceed the amount which would represent the authorised increase if that person were in receipt of a single pension equal to the aggregate of the pensions of that person and where the said increase, as ascertained apart from this regulation, would exceed that amount, the authorised increase in the case of each pension shall bear the same proportion to that amount as the pension bears to the aggregate of the pensions.

6.            The authorised increase shall not be taken into account for the purpose of any provision contained in any Act specified in paragraph 1 of the Schedule to the Act which limits the amount of pension which may be drawn by an officer.

7.            Where it would be to the advantage of a person, that person, may elect not to receive any increase payable under these Regulations in which case the person shall continue to be paid such amount by way of pension as the person was receiving immediately prior to the commencement of these Regulations, and the conditions upon which such amount became payable shall continue to apply.

 

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