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Pensions and Gratuities (Disciplined Services) Act [Cap 78]

LAWS OF FIJI

CHAPTER 78

PENSIONS AND GRATUITIES (DISCIPLINED SERVICES)

Ordinances Nos. 43 of 1965, 16 of 1966, 14 of 1968, 31 of 1968
Acts Nos. 51 of 1971, 20 of 1974.

AN ACT TO REGULATE THE AWARD OF PENSIONS AND GRATUITIES
TO CERTAIN PERSONNEL IN THE DISCIPLINED SERVICES EMPLOYED
BY THE GOVERNMENT OF FIJI

[1st January, 1966]

Short title

1. This Act may be cited as the Pensions and Gratuities (Disciplined Services) Act.

Interpretation

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

"office" means and includes any of the offices specified in the First and Second Schedules;

"officer" means the holder of any office;

"pay" means basic pay and includes no other allowances;

"permanent officer" means the holder of any of the offices specified in the First Schedule;

"service" means full-time service in any office, and includes any period of paid leave accruing to any officer in respect of his service in any office;
(Amended by 16 of 1966, s. 2 and 20 of 1974, s. 2.)

"temporary officer" means the holder of any of the offices specified in the Second Schedule;

"unbroken service" means continuous service:

Provided that any break in service, or temporary suspension from Office, not arising from misconduct or voluntary resignation shall be disregarded for the purpose of this definition, though the period of any such absence during the actual break in service shall not itself count as service unless it is a period during which an officer is absent-

(i) on leave without salary on the ground of public policy; or

(ii) on temporary suspension whilst investigations are carried out into his affairs and any proceedings take place which do not subsequently lead to or result either in his conviction by a competent court or in his dismissal from the service,

and in either such event the period of absence shall also count as service.

Pensions, gratuities or bonuses may be granted by the Minister

3. Pensions, gratuities or bonuses may be granted by the *Minister to a permanent or temporary officer at the rates and subject to the condition hereinafter contained:

Provided that the Minister may approve, in such cases as he thinks fit, the grant of a reduced gratuity or the entire withholdment of any gratuity.

* Delegated to-Commissioner of Police for police subordinate officers. Controller of Prisons for prisons subordinate officers. Director of Civil Aviation for Aerodromes Fires Service subordinate officers and members of Security Patrol Section at any airport. Conservator of Forests for forest guards.

Power to amend Schedules

4.-(1) The Minister may by notice in the Gazette add any office to or delete any office from the First or Second Schedules:

Provided that the deletion of an office shall not affect the existing rights of an; officer holding that office at the time of such deletion and while such office continues to hold such office it shall, in respect of that officer, continue to be subject to the provisions of this Act.

(2) Any addition to or deletion from the First or Second Schedules, made under the provisions of this section shall have effect from the date specified in the notice effecting the same and may be given retrospective effect.

Gratuities, pensions and re-enlistment bonuses

5.-(1) Any permanent officer who has completed five years' unbroken service in any office and is re-engaged for a further period of service may be paid on re-engagement, a bonus of two months' pay at his rate of pay on re-engagement.

(2) Any permanent officer who has completed ten years' unbroken service in any office may-

(a) if he is not immediately re-engaged for a further period of five years' service, be paid on discharge a gratuity at the rate of one month's pay at his rate of pay on discharge, for each completed year of service less any amount previously withdrawn by him under the provisions of section 6; or

(b) if he is immediately re-engaged for a further period of five years' service, at his option to be signified in writing to the Permanent Secretary to the Ministry at the date of or prior to re-engagement-

(i) be paid on re-engagement a bonus of two months' pay at his rate of pay on re-engagement; or

(ii) withdraw sixty per cent of the gratuity which would have been payable to him under the provisions of paragraph (a) had he not been re-engaged for such further period of service.

(3) Any permanent officer who has completed fifteen years' unbroken service may-

(a) if he is not immediately re-engaged for a further period of five years' service, be paid on discharge, a gratuity at the rate of one month's pay, at his rate of pay on discharge, for each completed year of service, less any amount previously withdrawn by him under any of the provisions of this section or section 6 or under the provisions of any other Act providing for the grant of pensions or gratuities; or

(b) if he is immediately re-engaged for a further period of five years' service, at his option to be signified in writing to the Permanent Secretary to the Ministry at the date of or prior to re-engagement-

(i) be paid, on re-engagement a bonus of two months' pay at his rate of pay on re-engagement; or

(ii) withdraw sixty per cent of the gratuity which would have been payable to him under the provisions of paragraph (a) had he not been re-engaged for such further period of service.

(4) Any permanent officer who has completed twenty years' unbroken service may-

(a) if he is not immediately re-engaged for a further period of five years' service, be paid on discharge a gratuity at the rate of one month's pay, at his rate of pay on discharge, for each completed year of service, less any amount previously withdrawn by him under any of the provisions of this section or section 6 or under the provisions of any other Act providing for the grant of pensions or gratuities; or

(b) if he is immediately re-engaged for a further period of five years' service, at his option to be signified in writing to the Permanent Secretary to the Ministry at the date of or prior to re-engagement-

(i) be paid on re-engagement a bonus of two months' pay at his rate of pay on re-engagement; or

(ii) withdraw sixty per cent of the gratuity which would have been payable to him under the provisions of paragraph (a) had he not been re-engaged for such further period of service:

Provided that any such officer who has completed twenty years' unbroken service in any office in a permanent capacity may, at his option to be signified in writing to the Permanent Secretary to the Ministry, at any time after such officer has completed nineteen years' such service in such office and before his discharge therefrom, be paid on discharge a pension under the provisions of section 7 in which case the minimum retiring age of such officer shall be forty-five years.

(5) Any permanent officer who has completed more than twenty years' unbroken service may on completion of each subsequent period of five years' unbroken service-

(a) if he is not immediately re-engaged for a further period of five years' service, and has not exercised the option referred to in the proviso to subsection (4), be paid on discharge a gratuity at the rate of one month's pay, at his rate of pay on discharge, for each completed year of service, less any amount previously withdrawn by him under any of the provisions of this section or section 6; or

(b) if he is immediately re-engaged for a further period of five years' service, at his option to be signified in writing to the Permanent Secretary to the Ministry at the date of or prior to re-engagement-

(i) be paid on re-engagement a bonus of two months' pay at his rate of pay on re-engagement; or

(ii) withdraw sixty per cent of the gratuity which would have been payable to him under the provisions of paragraph (a) had he not been re-engaged for such further period of service.
(Subsection substituted by 57 of 1966, s. 7.)

(6) In the event of any permanent officer resigning from any office during any re-engagement period of five years he shall repay such proportion of any bonus paid to him in respect of that period under the provisions of this section as the *Minister may determine.

* Delegated to Permanent Secretary for Finance and Deputy Secretary for Finance by Notice I 9th January, 1978, to Commissioner of Police for subordinate officers of Police Force, Controller of Prisons for subordinate officers of Prisons Service, Director of Civil Aviation for subordinate officers of the Aerodromes Fire Service and members of the Security Patrol Section at any airport, and Conservator of Forests for forest guards, by Notice 11th November, 1965.

(7) In the event of the discharge during any re-engagement period of five years of any permanent officer who has completed more than ten years' unbroken service he may be paid on discharge a gratuity at the rate of one month's pay, at his rate of pay on discharge, for each completed year of service, less any amount previously withdrawn by him under any of the foregoing provisions of this section or section 6 or under the provisions of any other Act providing for the grant of pensions or gratuities.
(Inserted by 16 of 1966, s. 3)
(Section amended by 14 and 31 of 1968 and 20 of 1974)

Exemptions

6. Notwithstanding anything contained in this Act-

(a) any permanent officer who retires from service on medical grounds or on a reorganisation or reduction of establishment may be granted on discharge a gratuity at the rate of one month's pay, at his rate of pay on discharge, for each completed year of service in respect of which he is not otherwise eligible for any pension or gratuity under any of the provisions, other than those of subsection (1) of section 10, less any amounts previously withdrawn by him under any of the provisions of section 5:

Provided that no such gratuity shall be payable under the provisions of this paragraph on retirement from service on medical grounds unless medical evidence to the satisfaction of the Minister is produced that the officer is incapable by reason of some infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent;
(Substituted by 20 of 1974, s. 4.)

(b) any gratuity which may be payable to a permanent officer after completion of ten years' unbroken service shall not be liable, nor shall any part thereof be liable, to forfeiture in consequence of any event of a disciplinary nature which has happened after his completion of ten years' service:

Provided that, if any such officer is discharged on the grounds that he has been convicted by any competent court for any offence, any such gratuity payable to him may be reduced or altogether withheld;

(c) subsections (2), (3), (4), (5) and (7) of section 5, in so far as they relate to the payment of pensions or gratuities, and section 12 shall not apply to persons appointed on or after the 1st day of November, 1971, to any of the offices specified in the First Schedule or the Second Schedule.

Pension in lieu of gratuity

7.-(1) If a permanent officer exercises his option to be paid a pension in pursuance of the proviso to subsection (4) of section 5, he shall, upon completion of twenty years' unbroken service in any office in a permanent capacity or upon the exercise of such option whichever is the later, be treated as if he were an officer holding a pensionable office set out in the Second Schedule to the Pensions (1958) Act, and his pension shall be calculated, and he shall in every other respect be deemed to be, subject to the provisions of that Act except that sections 7, 8, 9, 10 and 12 of that Act and regulations 5, 6, 20, 21 (1), 24 and 25 and the whole of Part III and the Schedule to the Pensions (1958) Regulations, shall not apply to him, and regulation 4 of those Regulations shall only apply in so far as it provides for the rate of pension:
(Cap. 77.)

Provided that the following provisions shall have effect in his case instead of regulation 19 of those Regulations:-

(a) if he has not been paid any part of any gratuity to which he has become eligible under the provisions of this Act, or under the provisions of any other Act relating to the granting of pensions or gratuities or has received any part of such gratuity but repays it in full, all his service shall be taken into account as pensionable service;
(Amended by 14 of 1968, s. 3.)

(b) if he has received any part of such gratuity and does not repay it in full, he shall forthwith be eligible to be paid the balance thereof and only that part of his service which is subsequent to the date on which he first became eligible to receive such gratuity shall be taken into account as pensionable service.

(2) If a permanent officer is promoted to any pensionable office (with the consequence that the Pensions (1958) Act will apply to him) the following provisions shall have effect in his case instead of regulation 19 of the Pensions (1958) Regulations:-

(a) if he has not become eligible under the provisions of section 5 or under the provisions of any other Act relating to the granting of pensions or gratuities to be paid a gratuity, or if he has become eligible for but has not been paid any part of such gratuity, or has received any part of such gratuity, but repays it in full, all his service prior to the promotion hereinbefore mentioned shall be taken into account as pensionable service;
(Amended by 14 of 1968, s. 3)

(b) if he has received any part of such gratuity and does not repay it in full, he shall forthwith be eligible to be paid the balance thereof and only that part of his service which is subsequent to the date on which he first became eligible to receive such gratuity shall be taken into account as pensionable service.
(Cap. 77.)

Pensions, etc., not to be assignable

8. A pension, gratuity or bonus granted under the provisions of this Act shall not be assignable or transferable except for the purpose of satisfying-

(a) a debt due to the Government; or

(b) an order of any court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child of the officer to whom the pension, gratuity or bonus has been granted;

and shall not be liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever except a debt due to the Government.

Gratuity in case of death during service

9. In the event of any permanent officer dying during his period of service, any gratuity which would have been payable to him under the provisions of section 5 had he taken his discharge at the date of his death, and any gratuity which would have been payable to him under the provisions of paragraph (a) of section 6 had he retired on medical grounds, shall, subject to the provisions of section 8, be payable to his legal personal representative.

Retirement in the public interest

10. Where an officer's service is terminated on the ground that he is unlikely to become efficient or has ceased to be efficient or on the ground that, having regard to the conditions of the public service, the usefulness of the officer thereto and all the other circumstances of the case, such termination is desirable in the public interest and a pension, gratuity or other allowance cannot otherwise be granted under the provisions of this Act, the Minister may if he thinks fit and in his absolute discretion grant such pension, gratuity or other allowance as he thinks just and proper not exceeding in amount that for which the officer would be eligible if he retired from the public service on medical grounds.

Power to grant pensions and gratuities in the case of
an officer disabled or dying on duty

11. (1) In the event of any permanent officer, to whom the provisions of the Pensions (1958) Act, do not otherwise apply, dying as the result of injuries received in the circumstances specified in section 19 of that Act, the provisions of that section shall apply as though such officer were subject to the provisions of that Act, and any pension granted under the provisions of this subsection shall be in addition to any gratuity payable to the personal representative of such officer under the provisions of section 9.
(Cap. 77.)

(2) In the event of any permanent officer, to whom the provisions of the Pensions (1958) Act, do not otherwise apply, being permanently injured in the circumstances specified in regulation 23 of the Pensions (1958) Regulations, he may, at his option to be signified in writing to the Permanent Secretary to the Ministry at any time before his discharge, be granted in lieu of any gratuity payable to him under any other of the provisions of this Act-

(a) a gratuity equivalent to the amount to which he would be entitled under the provisions of the Workmen's Compensation Act, if he were regarded as a workman for the purposes of that Act; or
(Cap. 94.)

(b) a pension in accordance with the provisions of paragraph (1) of regulation 23 of the Pensions (1958) Regulations, as though he were an officer holding a pensionable office set out in the Second Schedule to the Pensions (1958) Act.

(3) The *Minister may grant such gratuity or pension as he sees fit-

(a) to any temporary officer who is temporarily or permanently disabled by reason of any wound or injury received or sickness contracted by him whilst on duty in any office if such wound or injury is received or such sickness is contracted in the actual discharge of his duty in such office without his own default and on account of circumstances specifically attributable to the nature of his duties; or

(b) to the widow or children of any such officer who dies as a result of any wound or injury received or sickness contracted by such officer in the circumstances specified in paragraph (a):

Provided that-

(i) no such gratuity shall be less than the amount to which such officer, his widow or children, as the case may be, would be entitled under the provisions of the Workmen's Compensation Act, if such officer were regarded as a workman for the purposes of that Act; and
(Cap. 94.)

(ii) except with the sanction of Parliament-

(a) subject to the provisions of paragraph (i), no such gratuity shall exceed an amount equivalent to one year's pay of a permanent officer of equivalent rank to such temporary officer; and

(b) the annual amount of any such pension shall not exceed an amount equivalent to one-half of the annual pay of a permanent officer of equivalent rank to such temporary officer.

* Delegated to Permanent Secretary for Finance and Deputy Secretary for Finance by Notice 19th January, 1978.

Workmen's Compensation Act not to apply

12. No officer shall in respect of his appointment to any office, be regarded as a workman for the purposes of the Workmen's Compensation Act. (Cap. 94.)

Application of Act

13.-(1) The provisions of this Act shall apply to the exclusion of all other Acts relating to the payment of pensions or gratuities-

(a) to every person appointed to any of the offices specified in the First or Second Schedule, after the date of commencement of this Act; and

(b) to every person who, at the date of commencement of this Act, holds any of the offices specified in the First or Second Schedule:

Provided that-

(i) if any such person by option, to be signified in writing to the Permanent Secretary to the Ministry within six months after the commencement of this Act, elects not be subject to the provisions of this Act then, notwithstanding any other of the provisions of this Act, such of the provisions of the Ordinances repealed by the provisions of this Act or of the provisions of the General Orders of Fiji or otherwise, as were applicable to such person immediately prior to the commencement of this Act, shall continue to apply to such person as though such provisions remained in full force and effect in relation to such person; and

(ii) nothing contained in this Act shall affect any pension, gratuity or bonus granted to any person who retired or had been discharged from any office before the commencement of this Act.

(2) In respect of any officer appointed to the Aerodromes Fire Service or to the Security Patrol Section at Nadi Airport prior to the commencement of this Act, the service of such officer shall, if unbroken, for the purposes of this Act, be deemed to have commenced on the date of his first appointment to such Service or Section, notwithstanding that, on such date, the Government was not administering the said Service or Section.

(3) In respect of an officer who is transferred or appointed to any of the offices specified in the First Schedule from or after service in a pensionable office as defined in the Pensions (1938) Ordinance or the Pensions (1958) Act, during any period of unbroken service, the service of such officer shall, for the purposes of exercising the option for a pension under the provisions of subsection (4) of section 5 and being paid a pension on discharge, be deemed to have commenced on the date of his first appointment to a pensionable office under the provisions of the Pensions (1938) Ordinance or the Pensions (1958) Act, as the case may be.

(4) (i) where a permanent officer-
(Cap. 58.) (1967 Edition) (Cap. 77.)

(a) has had a period of full time war service in the Royal Fiji Military Forces or on the permanent staff of the Fiji Royal Naval Volunteer Reserve; and

(b) that period was immediately followed by service in an office specified in the First Schedule; and

(c) he forgoes or refunds any gratuity or other lump sum in respect of that period and the whole, or such part as the Minister thinks equitable, of any compensation for discharge from the Royal Fiji Military Forces or the Fiji Royal Naval Volunteer Reserve which he would otherwise be eligible to receive;

that period may be taken into account as service in an office specified in the First Schedule.

(ii) any break in service which may be disregarded for the purpose of deciding whether there is unbroken service as defined in section 2 may likewise be disregarded in determining for the purpose of this section whether an officer's period of full time war service in the Royal Fiji Military Forces or the Fiji Royal Naval Volunteer Reserve was immediately followed by service in an office specified in the First Schedule.
(Section amended by 20 of 1974, s.6.)

_______

FIRST SCHEDULE

(Section 2)

1. Subordinate officers of the Royal Fiji Police Force, the Fiji Prisons Service and the Aerodromes Fire Service.
2. Forest guards.
3. Members of the Security Patrol Section at any aerodrome.

_____

SECOND SCHEDULE

(Section 2)

1. Special constables of the Special Constabulary.

2. Temporary subordinate officers employed in the Fiji Prisons Service under the provisions of subsection (4) or (5) of section 11 of the Prisons Act.

3. Auxiliary firemen of the Aerodromes Fire Service.
(Cap. 86.)

Controlled by Ministry of Finance.

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