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Pensions (War Service) Act [Cap 79]

LAWS OF FIJI

CHAPTER 79

PENSIONS (WAR SERVICE)

Ordinances Nos. 1 of 1944, 6 of 1963

AN ACT TO PROVIDE FOR CONTINUITY OF CIVIL SERVICE FOR THE
PURPOSES OF PENSIONS IN RESPECT OF OFFICERS SERVING WITH
HER MAJESTY'S FORCES IN TIME OF WAR

[3rd March, 1944.]

Short title

1. This Act may be cited as the Pensions (War Service) Act, and shall be read as one with the Pensions (1958) Act, the Pensions (1938) Ordinance and the Pensions Ordinance 1928,* hereinafter called the Principal Acts.
(Cap. 77 Cap. 58, 1967 Edition)
(Amended by 6 of 1963, s. 2.)

*No. 9 of 1928. Repealed by Cap. 58 (1967 Edition) except as to rights of certain officers acquired thereunder.

War service to count for pension purposes

2. Where an officer shall have served with Her Majesty's Forces in time of war with the approval of the Officer administering the Government of the territory in the service of which he was last employed before so serving or of the Secretary of State, the following provisions shall have effect-

(a) during the period of such service in Her Majesty's Forces, including any period after the termination of the war (in this section referred to as "military service"), he shall be deemed, for the purposes of the Principal Acts, to have been on leave on full salary from the public service in which he was last employed, and to have held the substantive office last held by him in that service prior to military service;

(b) during any period between his leaving the public service for the purpose of serving in Her Majesty's Forces and the date of his commencing military service, he shall, for the purposes of the Principal Acts, be deemed to be on leave without salary, not granted on grounds of public policy, from the public service in which he was last employed, and to have held the substantive office last held by him in that service prior to military service; and during any period between the termination of his military service and the date of his re-entering the public service he shall, for the said purposes, be deemed to be on leave as aforesaid from the service, and to have held the substantive office, in which he is re-employed:

Provided that-

(i) this section shall not apply when either period mentioned in paragraph (b) exceeds three months, or such longer period as the +Minister may in any special case determine; or if the officer fails, after serving with Her Majesty's Forces, to re-enter the public service otherwise than in circumstances in which he would be permitted, under the law applicable to the public service in which he is last employed prior to military service, to retire on pension or gratuity, such circumstances arising not later than the expiration of three months, or such longer period as may be determined as aforesaid, after the termination of his military service;
+ Delegated to Permanent Secretary for Finance and Deputy Secretary for Finance by Notice, 19th January, 1978.

(ii) if during any period mentioned in paragraph (a) the officer hall have qualified for pension, or received emoluments in lieu of pension rights, actually in respect of military service, paragraph (a) shall, as respects that period, have effect as if the words "leave without salary not granted on grounds of public policy" were substituted for the words "leave on full salary";

(iii) if during his military service the officer shall be injured or killed, he shall not, for the purposes of section 19 of, and regulation 23 of the Third Schedule to, the Pensions (1958) Act, or section 19 of, and regulation 13 of the Schedule to, the Pensions (1938) Ordinance, or section 19 of, and regulation 13 of the Schedule to, the Pensions Ordinance 1928, be deemed to have been injured or killed in the discharge of his duty;
(Cap. 77 Cap. 58, 1967 Edition)
(Amended by 6 of 1963, s. 3.)

(iv) the provisions of this section which require that the officer shall be deemed to have held a specified office and to have been on leave from a specified service shall not apply in respect of any period during which he shall actually have held any other substantive office and have been on leave from any public service;

(v) save where in any particular case the Minister otherwise directs, this section shall not apply where the office in the public service last held by the officer prior to military service was not a pensionable office;

(vi) in the case of officers who, for the purpose of serving in Her Majesty's Forces, left the public service of Fiji before the second day of June, 1941, or left other public service before the date specified in any provision corresponding to this proviso in the law relating to such service, paragraph (b) shall have effect as if the words "leave on full salary" were substituted for the words "leave without salary, not granted on grounds of public policy".

Controlled by Ministry of Finance

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