PENSIONS REGULATIONS

PENSIONS REGULATIONS

PENSIONS.
Subsidiary legislation under this Chapter, with subse
quent amendments (if any) incorporated, is set out as
follows-
Page
Pensions Regulations 6
Government House Staff (Allowance) Regulations. 28

PENSIONS REGULATIONS.
(Cap . 89).
(Ordinance No. 50 Of 1949).

[9th December, 1949].

REGULATIONS FOR GRANTING OF PENSIONS, GRATUITIES
AND OTHER ALLOWANCES.

PART I.
PRELIMINARY.
1. These regulations may be cited as the Pensions
Regulations.

2. In these regulations, unless the context otherwise
requires-
'qualifying service' means service which may be taken into
account in determining whether an officer is eligible by length
of service for pension, gratuity or other allowance;
'pensionable service' means service which may, be taken into
account in computing pension under these regulations;
'Ordinance' means the Pensions Ordinance.

PART 11.
OFFICERS WITHOUT OTHER PUBLIC 'SERVICE.
3. Save when the Governor in Council in any special
case otherwise directs, this Part shall not apply in the case
of any officer transferred to or from the service of this Colony





from or to other public service except for the purpose of
determining whether such officer would have been eligible for
pension or gratuity and the amount of pension or gratuity, for
which the officer would have been eligible, if the-service of the
officer had been wholly in this Colony.

4. Subject to the provisions of the Ordinance and of these
regulations, every officer holding a pensionable office in this
Colony, who has been in the service of this Colon), in a civil
capacity for ten years or more, may be granted on retirement a
pension at the annual rate of one sixhundredth of his pensionable
emoluments for each complete month of his pensionable service.

5. Every officer, otherwise qualified for a pension, who has
not been in the service of this Colony in a civil capacity for ten
years, may be granted on retirement a gratuity not exceeding five
times the annual amount of the pension which, if there had been
no qualifying period, might have been granted to him under
regulation 4.

6. Where a female officer having held a pensionable office
or offices in this Colony for not less than five years and having
been confirmed in a pensionable office, retires from the service of
this Colony for the reason that she has married or is about to
marry, and is not eligible for the grant of any pension or otherwise
eligible for gratuity under this Part, she may be granted on
production within six months after her retirement, or such longer
period as the Governor may in any particular case allow, of
satisfactory evidence of her marriage, a gratuity not exceeding
one- of a month's pensionable emoluments for each completed
month of pensionable service in this Colony or one year's
pensionable emoluments, whichever shall be the less

PART III.
TRANSFERRED OFFICERS.
7. This Part shall apply only in the case of an A officer
transferred to or from the service of this Colony from
or to other public service.





8. (1) In this Part and Part IV 'Scheduled
Government' means the Government of
any territory, or any authority, mentioned in
the Schedule to these regulations and
includes the Government of Ceylon, in
respect of any officer appointed to the
service of that Government prior to the 4th
February, 1948, and the Government of
Palestine, in respect of any officer
appointed to the service of that
Government prior to the 15th May, 1948;
'service in the Group' means service under the Government of
this Colony and under a Scheduled Government or Scheduled
Governments.

(2) Where an officer, to whorn this Part applies, is, on his
retirement from the public service, not granted a pension or
gratuity in respect of his employment in the service in which he is
last employed, solely by reason of the fact that he has not held
office or pensionable office therein for a specified period lie shall
nevertheless be deemed for the purpose of this Part to have
retired in circumstances in which he is permitted by the law or
regulations of the service in which lie is last employed to retire on
pension or gratuity.

9. (1) Where the other public service of an officer to whom
this Part applies has been wholly under one or more Scheduled
Governments, and his aggregate service would have qualified him
had it been wholly in this Colony for a pension under the
Ordinance, lie may, on his retirement from the public service in
circumstances in which he is permitted by the law or regulations
of the service in which he is last employed to retire on pension or
gratuity be granted in respect of his service in this Colony a
pension of such an amount as shall bear the same proportion to
the amount of pension for which he would have been eligible .had
his service been wholly in this Colony, as the aggregate amounts
of his pensionable emoluments during his service in this Colony
shall bear to the aggregate amounts of his pensionable
emoluments throughout his service in the Group.
(2) In determining for the purposes of this regulation the
pension for which an officer would have been eligible it his
service had been wholly in this Colony-





Pensions. [CAP. 89

(a) in the application of regulation 18 his pensionable
emoluments shall be determined by reference to the
pensionable emoluments enjoyed by him at the date of
retirement from the public service or during the three years
preceding that date, as the case may be, except that where the
officer is not serving under a Scheduled Government at that
date, the date upon which he was last transferred from the
service of a Scheduled Government shall be deemed to be the
date of his retirement for the purposes of this subparagraph;
(b) no regard shall be had to an additional pension under
regulation 22 or 31 ;
(c) regard shall be had to the condition that pension may not
exceed two-thirds of his highest pensionable emoluments ;
(d) no period of other public service under a Scheduled
Government in respect of which no pension or gratuity is
grantable to him shall be taken into account.

(3) For the purposes of this regulation the aggregate amount of an
officer's pensionable emoluments shall be taken as the total amount of
pensionable emoluments whIch he would have received or enjoyed had
he been on duty or, full pay in his substantive office or offices
throughout his period of service in the Group subsequent to the
attainment of the age of 18 years : Provided that
(a) in calculating the aggregate amount of his pensionable
emoluments, no account shall be taken of any service in this
Colony or under any Scheduled Government in respect of
which no pension or gratuity is grantable to him ,
(b) where under regulation 19 a fraction only of any service in a
civil capacity is otherwise than in pensionable 'service, that
same fraction only of the officer's aggregate pensionable
emoluments during that service shall be taken into account for
the calculation aforesaid ;
(c )where an officer entered the public service prior to the 1st day
of January, 1930, his pension in respect of his service in this
Colony may be calculated as though any Scheduled
Government under which he





has served had not been included in these regulations should
this be to his advantage.

10. (1) Where the other public service of an officer to whom this Part
applies has not included service under 'any of the Scheduled
Governments, and his aggregate service would have qualified him, had it
been wholly in this Colony, for a pension under these regulations, he
may, on his retirement from the public service in circumstances in which
he is permitted by the law or regulations of the service in which he is last
employed to retire on a pension or gratuity, be granted in respect of hi,-,
service in this Colony a pension at the annual rate of one six-hundredth
of his pensionable emoluments for each complete month of his
pensionable service in this Colony.
(2) Where the officer is not in the service of this Colony at the time
of such retirement, his pensionable emoluments for the purposes of the
preceding paragraph shall be those which would have been taken for the
purpose of computing his pension if lie had retired from the public
service and been granted a pension at the date of his last transfer from
the service of this Colony.

11. Where a part only of the other public service of an officer to
whom this Part applies has been under one or more of the Scheduled
Governments, the provisions of regulation 9 shall apply., but in
calculating the amount Of pension regard shall be had only to service in
the Group.
12. Where an officer to whom this Part applies retires from the
public service in circumstances in which lie is per~ mitted by the law or
regulations of the service in which he is last employed to retire on
pension or gratuity, but has not been in the public service in a civil
capacity for ten years, he may be granted in respect of his service in this
Colony a gratuity not exceeding five times the annual amount of the
pension which, if there had been no qualifying period, might have been
granted to him under regulation 9, 10 or 11, as the case may be.
13. A female officer to whom this Part applies who retires for the
reason that she has married, or is about to marry, and in consequence-





(a) would, if the whole of her public service had been in this
Colony, have been eligible for a gratuity under regulation
6, and
(b) if, at the date of her retirement in other public service,
she is eligible for a gratuity under provisions
corresponding to that regulation in the law or regulations
of the public service in which she is last employed,
may, if she is not eligible for the grant of any pension or
otherwise eligible for gratuity under this Part be granted
a gratuity which bears, to the gratuity for which she would
be eligible if the whole of her public service had been in
the service in which she is last employed, the proportion
which her service in this Colony bears to her total public
service: Provided that for the purpose of computing such
1 an officer's total public service under this regulation no
regard shall be had to any service under a Government
which does not grant a gratuity to her in consequence of
her retirement.

PART IV.
GENERAL.
14. (1) Subject to the provisions of these regulations, qualifying
service shall be the inclusive period between the date on which
an officer begins to draw salary in respect of public service and
the date of his leaving the public service, without deduction of any
period during which fie has been absent on leave.
(2) No period which is not qualifying service by virtue of the
foregoing paragraph shall be taken into account as pensionable
service or as service for the purpose of calculating an allowance
under Part V.
(3) No period during which the officer was not in public
service shall be taken into account as qualifying service or as
pensionable service or service for the purpose of calculating an
allowance under Part V: Provided that any period during which
an officer shall have been seconded for nonpublic service with
the approval of the Governor in Council may be taken into
account as qualifying service and as pensionable service or
service for the purpose of calculating an allowance under Part V.





15. (1) Except as otherwise provided in these regulations, only
continuous service shall be taken into account as qualifying service or
as pensionable service : Provided that any break in service caused by
temporary suspension of employment not arising from misconduct or
voluntary resignation shall be disregarded for the purposes of this
paragraph.
(2) An officer-
(a) whose pension has been suspended under section ii of the
Ordinance or under a corresponding provision in any law or
regulation relating to the grant of pensions in respect of
public service; or
(b) who has retired from the public service without pension on
account of ill-health, abolition of office, or re-organization
designed to effect greater efficiency or economy, and has
subsequently been re-employed in the public service; or
(c) who has left pensionable service under the Teachers
(Superannuation) Act, 1925, with a view to entering public
service not being service pensionable under the said Act and
has, not later than three months after leaving such first
mentioned service, received any salary in respect of
employment in public service not so pensionable.,
may, if the Governor in Council thinks fit, be granted the pension or
gratuity for which lie would have been eligible if any break in his public
service immediately prior to such suspension, re-employment or
employment had not occurred, such pension to be in lieu of
(i) any pension previously granted to him from the funds of
this Colony; and
(ii) any gratuity so granted which is required to be
refunded as a condition of the application to the officer of this
regulation ;
but additional to any gratuity so granted which is not required to be
refunded as aforesaid.
(3) (a) A break in the service of an officer occurring wholly
between the 12th day of July, 1946 and the 23rd day of July,
1946, or between the 16th day of August, 1947, and the 23rd
day of September, 1947, as a result of the voluntary absence
from the place of employment of such officer shall be
disregarded for





the purpose of computing the length of service
qualifying for pension, annual allowance or gratuity:
Provided that any such break in service shall not be
disregarded in computing the length of service for the
purpose of determining the amount of such pension,
annual allowance or gratuity.
(b) This paragraph shall be deemed to have had effect from
1st January, 1947, in relation to officers to whom Part V
does not apply and from the 9th December, 1949, in
relation to officers to whorm Part V applies.

16. Where an officer shall have served with His Majesty's
Forces in time of war and before so serving shall have been
employed in the public service the following provisions shall have
effect-
(a) During the period of such service in His Majesty's
Forces, including any period after the termination of the
war (in this regulation referred to as 'military service',
he shall be deemed for the purposes of the Ordinance
and these regulations to have been on leave on full
salary from the public service in which lie 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 His Majesty's Forces and
the date of his commencing military service he shall, for
the purposes of the Ordinance and of these regulations,
be deemed to be on leave without pay, riot 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 lie 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 regulation shall not apply when either period
mentioned in paragraph (b) exceeds three





months, or such longer period as the Governor, with the
approval of the Secretary of State, may, in any special
case determine; or if the officer fails after serving with
His 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;
(5) this regulation shall not apply when subsequent to
the commencement of the Ordinance an officer shall
have commenced service with His Majesty's Forces
without the approval of the Governor of the territory in
the service of which he was last employed before so
serving or of the Secretary of State;
(iii) if during an), period mentioned in paragraph (a)
the officer shall have qualified for pension, or received
emoluments in lieu of pension rights, actually in respect
of military service par agraph (a) shall, as respects that
period, have effect as if the words 'leave without salary
not granted on grounds of public policy' were subsituted
for the words 'leave on full salary' ;
(iv) if during his military service the officer shall be
injured or killed, he shall not, for the purposes of any
provision of the Ordinance or of these regulations
relating to injury awards be deemed to have been injured
or killed in the discharge of his duty;
(v) the provisions of this regulation which require that
the officer shall be deemed to have held a specified
office and to have been on ]cave 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;
(vi) save where in any particular case the Governor
otherwise directs, this regulation shall not apply where
the office in the public service last





held by the officer prior to military service was not a
pensionable office;
(vii) the provisions of this regulation shall not apply to an
officer who has received a pension or gratuity during a period
of service in His Majesty's Forces in respect of public service
prior to joining His Majesty's Forces.

17. Where an officer, during some period of his service, has been
on the active list of the Royal Navy, the Army or the Royal Air Force
and pension contributions have been paid in respect of that period from
the funds of this Colony or of any Scheduled Government and have not
been refunded, such period shall not be taken into account as
pensionable service.

18. (1) For the purpose of computing the amount of an officer's
pension or gratuity
(a) in the case of an officer who has held the same office for a
period of three years immediately preceding the date of his
retirement, the full annual pensionable emoluments enjoyed
by him at that date in respect of that office shall be taken ;
(b) in the case of an officer who at any time during such period of
three years has been transferred from one office to another,
but whose pensionable emoluments have not been changed
by reason of such transfer or transfers, the full annual
pensionable emoluments enjoyed by him at the date of his
retirement in respect of the office then held by him shall be
taken;
(c) in other cases one-third of the aggregate pensionable
emoluments enjoyed by the officer in respect of his service
during the three years of his service immediately preceding
the date of his retirement shall be taken, or if his public service
is less than three years, twelve times the average monthly
pensionable emoluments in respect of such service shall be
taken : Provided that
(i) if such figure is less than the highest annual pensionable
emoluments enjoyed by him at the date of any transfer within
such period of three





years those pensionable emoluments shall be taken; and
(ii) if such figure is less than the annual pensionable
emoluments which would have been enjoyed by him at
the date of his retirement, if he had continued to hold
any office from which he has been transferred at any
time during such period of three years, and had received
all increments which, in the opinion of the Governor
would have been granted to him, the annual pensionable
emoluments which would have been so enjoyed shall be
taken;
(iii) for the purpose of calculating pensionable
emoluments under this sub-paragraph, the officer shall
be deemed to have been on duty on full pensionable
emoluments throughout the said three years.
(2) In the application of paragraph (1) to an officer to whom
the Pensions Ordinance, 1932, applied prior to the
commencement of the Ordinance and who retires before the 1st
day of January, 1950, the provisions of the preceding paragraph
of this regulation shall be applied to the pensionable emoluments
which such officer would have recelved in accordance with the
interpretation given to the words 'pensionable emoluments' in the
Pensions Ordinance, 1932, had he not become subject to a scale
of pay operative in this Colony in consequence of the Salaries
Revision, 1947, and had he received all the increments which in
the opinion of the Governor would have been granted to him, if
this shall be to such officer's advantage.
(3) In the application of this regulation where the pensionable
emoluments of an officer for a period prior to the 1st day of
January, 1947, are required to be taken into account, there shall
be taken into account in lieu of such pensionable emoluments the
pensionable emoluments which such officer would have enjoyed
during such period had he been subject at the commencement of
such period to a scale of pay operative in this Colony on the 1st
day of January, 1947, in consequence of the Salaries Revision,
1947, if this shall be to an officer's advantage.
(4) 'Salaries Revision, 1947' for the purpose of this
regulation shall have the same meaning as that given to the
expression in section 19 of the Ordinance.





(5) This regulation shall have effect from the 1st day of
January, 1947.

19. (1) Subject to the pensions of paragraphs (2) to (S) hereof,
only service in a pensionable office shall be taken into account as
pensionable service.
(2) Where a period of service in a civil capacity otherwise
than in a pensionable office is immediately followed by service in
a pensionable office and the officer is confirmed therein-
(a) three quarters of such period may with the approval of
the Governor in Council be so taken into account; or
(b) if Prior to the 31st May, 1937, the officer was in the
service of this. Colony and such period of service might
have been taken into account as pensionable service
either as a whole or less a third for any part of such
period paid for out of an open vote, such period may as a
whole or less such third, continue to be so taken into
account, if this shall be to such officer's advantage;
and where it would be to an officer's advantage to make separate
awards in respect of his service in a pensionable and non-
pensionable office, such separate awards may be made.
(3) Any break in service which may be disregarded under
the provisions of regulation 15 may likewise be disregarded in
determining for the purposes of the preceding
paragraph whether one period of service immediately follows
another period of service.
(4) Where an officer has been transferred from a
pensionable office in which he has been confirmed to a
nonpensionable office and subsequently retires either from a
pensionable office or a non-pensionable office, his service in the
non-pensionable office may, with the approval of the Governor in
Council, be taken into account as though it were service in the
pensionable office which he held immediately prior to such
transfer and at the pensionable emoluments which were payable
to him at the date of transfer; except-
(a) where the officer so elects, his total service including
service in the pensionable office, may be





reckoned as though it were service in a nonpensionable
office; and
(b) where a transfer from a pensionable to a
nonpensionable office is made to provide continued
employment for an officer who, on the ground of
physical infirmity has become incapable of retaining his
pensionable office, then the whole of his service shall be
deemed to be service in a nonpensionable office unless,
by his subsequent retransfer to a pensionable office, his
case is brought within the provisions of paragraph (2)
hereof.
(5) Where a period of service in a non-pensionable office is
so taken into account under this regulation, the officer shall,
during that period, be deemed for the purposes of regulations 6, 22
and 31 to be holding a pensionable office, and where that period is
taken into account under the preceding paragraph, to have been
confirmed therein.

20. Where an officer has performed acting service in an
office in this Colony the period of such service may be taken into
account as pensionable service (subject if the office is a non-
pensionable office to the provisions of the preceding regulation) if
the period of such acting service
(a) is not taken into account as part of the officer's own
pensionable service in other public service;
(b)is immediately preceded or followed by service as the
substantive holder of a pensionable office in this Colony.
21. Save as otherwise provided in these regulations, there
shall not be taken into account as pensionable service
(a )any period of service win 1 le the officer was tinder the
age of 15 years; or
(b) any period of service while he was on probation or
agreement, unless without break of service he is
confirmed in a pensionable office in the public service;
or
(c) any period during which an officer shall have been
absent from duty on leave without salary unless such
leave shall have been granted on grounds of public
policy with the approval of the Secretary of State:





Provided that any break of service which may be disregarded
under the provisions of regulation 15 may likewise .be disregarded
in determining whether the officer is confirmed in a pensionable
office without break of service.
22. If an officer holding a pensionable office and who
has been confirmed therein retires from the public service in
consequence of the abolition of his office or for the purpose of facilitating
improvements in the organization of the department to which he belongs, by
which greater efficiency or economy may be effected-
(a) he may, if he has been in the public service for less than
ten years, be granted in lieu of any gratuity under
regulation 5 to 12, a pension tinder regulation 4, 9, 10 or 11,
as the case may be, as if the words 'for ten years or
more' were omitted from regulation 4;
(b) he may, if he retires from the service of this Colony, be
granted an additional pension at the annual rate of one-
sixtieth of his pensionable emoluments for each complete
period of three years' pensionable service : Provided that
(i) the addition shall not exceed ten-sixtieths and
(ii) the addition together with the remainder of the
officer's pension shall not exceed the pension for which
fie would have been eligible if lie had continued to hold
the office held by him at the date of his retirement and
retired on reaching the age at which he may be required
to retire without the approval of the Secretary of State,
having received all increments for which fie would have
been eligible by that date.

23. (1) An officer to whom a pension is granted under the
Ordinance shall, if he has exercised his option as hereinafter
provided, bid not otherwise, be paid in lieu of such pension a
pension at the rate of three-fourths of such pension together with
a gratuity equal to ten times the amount of the annual reduction
so made in the pension.
(2) The option referred to in paragraph (1) shall be exercisable,
and if it has been exercised may be revoked not later than the
day immediately preceding the date of





such officer's retirement: Provided that the Governor may, if it
appears to him equitable in all the circumstances so to do, allow
him to exercise the option or revoke an option previously
exercised at any time between that date and the actual date of
award of pension under the Ordinance.
(3) Subject to the provisions of paragraph (2) if an officer has
exercised the option his decision shall be irrevocable so far as
concerns any pension to be granted to hint tinder the Ordinance.
(4) If an officer who has not exercised the option dies after
he has finally retired but before a pension has been awarded
under the Ordinance, it shall be lawful for the Governor in
Council to grant a gratuity and a reduced pension as provided in
paragraph (i), as if the officer before his death had exercised the
option.
(5) The date of the exercise of the option by an officer shall
be deemed to be the date of the receipt of his written notification
addressed either to the Colonial Secretary or to the Crown
Agents for the Colonies.
(6) A re-employed officer or pensioner shall be deemed to
have exercised, or not to have exercised, in respect of fits service
subsequent to re-employment, the said option, according as fie
exercised, or did not exercise, such option in respect of his
previous service even if, in respect of such previous service, the
option was not available to him.

PART V.
NON-PENSIONABLE OFFICERS.
24. This Part shall apply only to non-pensionable
officers and shalleffect from the date of enactment
hereof.

25. In this Part-
'salary' and 'pay- mean remuneration exclusive of cost of living
allowance or other allowance or extra pay for done in hours which
are beyond the normal working period;
'non-pensionable officer' shall include-
(a) a person paid at daily rates of pay, hereinafter referred
to as a daily paid employee;





(b)an officer other than a daily paid employee who does not hold
a pensionable office or who holding a pensionable office is
serving on probation, but not including an officer who is
serving under an agreement expressly providing for the
payment of a gratuity dependent upon the length of service
of such officer; such officers are hereinafter referred to as
monthiy paid officers;
Provided that an officer holding a pensionable office whilst on
probation who is confirmed without break of service to a pensionable
office shall not be eligible for benefit under this Part in respect of
service in a pensionable office whilst on probation.
For the purpose of this provision any, break of service which may
be disregarded under the provisions of regulation 15 may likewise be
disregarded in determining whether an officer is confirmed in a pensionable
office without break of service.

26. (1) Every monthly paid non-pensionable officer serving in the
Colony in respect of whom the conditions set forth herein are fulfilled
may on retirement be granted by the Governor an annual allowance
which, if his length of service does not exceed 25 years, shall be
calculated at the rate of 1i/ 800th of his annual salary for every complete
month of service in the Colony and if his service exceeds 25 years, shall
be calculated at 300/800th of such annual salary with an addition thereto
of 1/600th of such annual salary for every completed month of service in
the Colony irk excess of 25 years. Such annual salary shall be computed
in accordance with paragraph (i) of regulation 18, subject to the
modification that for the words -annual pensionable emoluments'
wherever they occur in such regulation shall be substituted the words
'annual salary' : Provided that where the officer at the date of retirement
is employed in a post the minimum of the scale of salary of which
amounts to $624 per annum or less and who prior to the commencement
of this regulation was not in the service of this Colony no annual
allowance may be granted but it shall be lawful for the Governor to
award a gratuity to such officer not exceeding five times the amount of
the annual allowance





which might have been granted to him under this regulation but
for this proviso.
(2) Annual salary in respect of an officer who, having held a
non-pensionable post is serving on probation in a pensionable
office, shall be the annual pensionable ernoluments of the
pensionable office or the annual pay last received in respect of
his service in a non-pensionable office, whichever shall be
greater.
(3) The conditions upon which an annual allowance or
gratuity may be granted under this regulation are
(a) such service must have been continuous for a period of
riot less than ten years : Provided that such interruptions
in service which may be dis-regarded under regulation
15 for the purpose of qualifying for and computing a
pension may be disregarded for the purpose of
qualifying for and computing an annual allowance under
this regulation ; and either
(b) the officer must have attained the age of fifty-five; or
(c) the Governor must be satisfied on medical evidence that
lie is incapable by reason of infirmity of mind or body of
discharging the duties of his office and that such
infirmity is likely, to be permanent ; or
(d) the officer's retirement must be necessitated by the
reorganization of the department tolie
belongs M order to effect greater economy or
efficiency.
(4) Any officer to whom an annual allowance may be
granted under this regulation may, in lieu of such allowance, on
application to the Governor not later than the date of retirement
or such later date as the Governor may decide in any particular
case, be granted an annual allowance at the rate of three-fourths
of the such allowance together with a gratuity equal to ten times
the amount of annual reduction so made in the allowance.
(5) No annual allowance may be granted under this
regulation to any officer in a pensionable office in excess of the
pension which might have been granted had that officer been a
pensionable officer in the office held by him, with the same
service.





(6) No period during which a non-pensionable officer shall
have been absent from duty on leave without salary shall be
taken into account for the purpose, of computing the period of
service in respect of which an annual allowance or gratuity may
be granted under these regulations : Provided that such period of
leave shall not be deemed to constitute a break in service.
(7) Every monthly paid non-pensionable officer serving in
the Colony who retires and who on his retirement has not
completed ten years unbroken service may be granted by the
Governor a gratuity not exceeding five times the annual
allowance which if there has been no qualifying period might
have been granted to him under this regulation.
27. Every daily paid employee serving in the Colony, may on
his retirement on any of the conditions stated in sub-paragraphs
(b), (c) and (d) of paragraph (3) of regulation 26 after completing
not less than five years unbroken
service be granted by the Governor a gratuity calculated at the
rate of 15 times the rate of pay per day, of which he is in receipt
at the time of his retirement for every completed period of twelve
months' service : Provided that the Governor in Council may give
directions in any particular case that service prior to a break
which is not occasioned by dismissal for misconduct or by
voluntary resignation and which does not extend for more than
three years, shall he deemed to have preceded subsequent
service without break : Provided further that no gratuity granted
hereunder shall exceed 300 times such rate of pay.
28. Where a person's service in this Colony has been partly
as a monthly paid officer and partly as a daily paid employee lie
may if lie fulfils any of the conditions set out in sub-paragraph (b),
(c) or (d) of paragraph (3) of regulation 26 on his retirement be
granted in respect of his service-
(a) an annual allowance or gratuity in respect of his
aggregate service as a monthly paid officer under
regulation 26 :
Provided that regulation 15 shall be applied as
though the words 'date of the final termination of his
service as a monthly paid pensionable officer' were
substituted for the words 'dateof his retire-





ment'' wherever they appear in the said regulation; and
(b) if his total service in this Colony is not less than five years a
gratuity in respect of his aggregate service as a daily paid
employee under regulation 27 as though the words 'time of
the final termination of his service as a daily paid employee-
were substituted for the words 'time of his retirementin the
said regulation.

29. (1) A gratuity of an amount determined by the Governor in each
case not exceeding nine months' salary in the case of monthly paid
officers and one hundred and eighty (lays pay in respect of daily paid
employees may be granted to the dependants of any non-pensionable
officer whose service is terminated by his death and
(a) who has completed three years' unbroken service; or
(b) whose death was caused in the discharge of his duty, or as a
direct result of injuries received whilst on duty or by illness
specifically attributable to the nature of his duties.
(2) For the purpose of this regulation the service of an officer or
employee shall be deemed to be terminated by his death if he dies as a
result of continuous illness incapacitating him from work from the last
day on which he drew salary. or pay and the period of three years shall
be computed up to such last day.
(3) The dependants who shall be the recipients of any gratuity
granted under this regulation shall be such as may be named b the
Governor in each case and the gratuity y
shall not form part of the estate for the purposes of distribution nor
shall it be taken into account in computing estate duty.

30. The provisions of section 9 of the Ordinance shall apply to
annual allowances under this Part as though the words 'annual
allowance' were substituted for the word 'pension' except where the
word 'pension' relates to an additional pension and as though the word
'salary' was substituted for -pensionable emoluments' wherever such
word or words may appear.





PART VI.
SUPPLEMENTARY.
31. (1) If an officer holding a pensionable office in which he
has been confirmed is permanently injured
(a) in the actual discharge of his duty; and
(b) without his own default; and
(c) on account of circumstances specifically attributable
to the nature of his duty, he may
(i) if his retirement is thereby necessitated or materially
accelerated and he has been in the public service for less than ten
years, be granted, in lieu of any gratuity under regulation 5 or 12, a
pension under regulation 4, 9, 10 or 11, as the case may be, as if
the words 'for ten Years or more' were omitted from the said
regulation 4;
(ii) if so injured while in the service of this Colony. be
granted on retirement an additional pension at the annual rate of
the proportion of his actual pensionable emoluments at the date of
his injury appropriate to his case as shown in the following table
When his capacity to contribute to his own support is-
50
slightly impaired ... ...
600
100
impaired .....
600
150
materially impaired ... ...
600
200
totally destroyed .....
600

Provided that the amount of the additional pension
may be reduced to such an extent as the Governor in Council
shall think reasonable where the injury is not the cause or the sole
cause of retirement.
(2) Any officer so injured while in the service of this Colony
not holding a pensionable office, or holding a





pensionable office in which he has not been confirmed, may be granted
on retirement a pension of the same amount as the additional pension
which might be granted to him under paragraph (i) if his office were a
pensionable office and he had been confirmed therein.
(3) If an officer proceeding by a route approved by the Governor to
or from the Colony at the commencement or termination of his service
therein, or a period of leave therefrom, is permanently injured as a result
of damage to vessel, aircraft or vehicle in which he is travelling, or of
any violence directed against such vessel, aircraft or vehicle, and the
Governor is satisfied that such damage or act is attributable to
circumstances arising out of war in which His Majesty may be engaged,
such officer shall be deemed for the purposes of this regulation to have
been injured in the circumstances described in paragraph (i).
(4) An officer who is permanently injured while travelling by air in
pursuance of official instructions shall be deemed to have been injured
in the circumstances detailed in sub-paragraphs (a) and (c) of paragraph
(i) : Provided that in such a case and if sub-paragraph (b) is also
satisfied the rates of pension prescribed in that paragraph shall be
six-hundredths; one hundred -and fifty sixhundredths;
two hundred and twenty-five six-hundredths and three-hundred six-
hundredths respectively.
(5) The provisions of regulation 23 shall not apply to a pension
granted under this regulation.

32. In lieu of the grant of a pension or annual allowance there may,
with the approval of the Governor, be granted to an officer if he intends
to reside in India or in China, a capital sum equal to the amount of five
annual payments, but no such capital sum shall ordinarily be. paid in
any case of retirement on the ground of ill-health : Provided that for the
purposes of this regulation such annual payments shall be the
remaining portions after deduction of the annual contribution, if any,
due in respect of widows and orphans pension.

33. It shall be a condition of the grant of every pension or other
allowance that the Governor in Council may cancel





or reduce it If it be shown to have been obtained by the wilful
suppression of material facts or to have been granted in ignorance of
facts which, had they been known before the retirement of the officer,
would have justified his dismissal or a reduction of his salary.

34. Where a European matron or a European nursingsister has been
employed in other public service as a qualified nursing-sister or matron,
which employment was obtained by or through the Overseas Nursing
Association, and has held a pensionable office in this Colony on or at
any time -after the 1st day of January, 1926, as a matron or nursing-sister
in a Government hospital for a period, which need not be continuous, of
not less than three years, and she is not eligible for pension, gratuity or
other retiring allowance under the regulations contained in Parts II and
IV, but her aggregate service in this Colony and in other public service
as aforesaid make up a period, which need not be continuous, of not
less than fifteen years, or ten years if she is compelled ])v reason of ill-
health, not caused by her own misconduct, to relinquish her overseas
nursing career, she may, subject as hereinafter provided, on her ultimate
retirement from the public service be granted an allowance calculated at
the rate of eight shillings and four pence per annum for each complete
month of -her pensionab!e service in this Colony Provided that, except
in the case of retirement, which in the opinion of the Governor in Council
is ultimate retirement on account of infirmity of mind or body, or which is
from a Colony in which the age of voluntary retirement is less than fifty
years, no such allowance shall be Payable until the matron or nursing-
sister attains the age of fifty years; and provided further that the grant
of every allowance under this regulation shall be dependent on the
production to the satisfaction of the Secretary of State of certificates of
satisfactory service in respect of each term of service making up the
minimum period of fifteen years or ten years, as the case may be, and
that the total allowance drawn by a matron or nursing-sister from all
sources in respect of her nursing
career shall not exceed two-thirds of the highest pensionable
emoluments drawn by her at any time in the course of her service in this
Colony or in other public service.





SCHEDULE. [r. 8.]

Aden Kenya and Uganda Railways
Bahamas and Harbours Administra-
Barbados tion
Basutoland Leeward Islands
Bechuanaland Protectorate Malayan Establishment
Bermuda Malayan Union
British Guiana Malta
British Honduras Mauritius
British Solomon Islands Nigeria
Protectorate North Borneo
Cayman Islands Northern Rhodesia
Colonial Audit Department Nyasaland
(Home Establishment) St. Helena
Grown Agents for the Colonies St. Lucia
Cyprus St. Vincent
Dominica Sarawak
East Africa High Commission Seychelles
East African Railways and Sierra Leone
Harbours Administration Singapore
Falkland Islands Somaliland
Federated Malay States Straits Settlements
Federation of Malaya Swaziland
Fiji Tanganyika Territory
Gambia Trinidad
Gibraltar Turks and Caicos Islands
Gilbert and Ellice Islands Uganda
Colony United Kingdom of Great
Gold Coast Britain and Northern
Grenada Ireland
Jamaica Zanzibar
Kenya

GOVERNMENT HOUSE STAFF (ALLOWANCE)
REGULATIONS.
(Cap. 89, section 3(3)).
(Ordinance No. 50 Of 1949).

[25th August, 19So.]

1. These regulations may be cited as the Government House Staff
(Allowance) Regulations and shall be read as one with the Pensions
Regulations.

2. The Pensions Regulations shall apply to Chu Woo, Cheung
Kwun, Lui Kam, Cheung Yee, Chung Ping-sam, Lee Shu-sum, Fung Kui,
Wan Tai, Chan Tai and Wong
Ord. 50 of 1949, s. 3, Schedule. G.N.A. 146/50. G.N.A. 229/50. G.N.A. 32/51. Citation, Interpretation. (Cap. 89.) Application of Part II.
Pensions to whom and at what rates to be granted. Gratuities where length of service does not qualify for pension. Marriage gratuities. Application of Part III.
Interpretation. Pension for service wholly within the Group.
[r. 9 cont.] Pensions where other service both within and not within the Group. Gratuities where length of service does not qualify for pension. Marriage gratuities.
General rules as to qualifying service and pensionable service.
Continuity of service. (15 & 16 Geo. 5, c. 59.) G.N.A. 229/50.
War service to count for pension purposes.
[r.16 cont.]
Service in His Majesty's Forces. Emoluments to be taken for computa-tion of pensions, etc.
[r. 18 cont.] (38 of 1932). G.N.A. 146/50.
Pensionable service, what is to be taken into account.
[r. 19 cont.] Acting service. Service not counting for pension.
Abolition of office and re-organization. Gratuity and reduced pension.
[r. 23 cont.] Application of Part V. Interpretation.
Annual allowance and gratuity for monthly paid officers.
[r.25 cont.]
Gratuity for daily paid employees. Service partly as monthly paid officer and partly as a daily paid employee.
[r. 28 cont.] Gratuity payable where a non-pensionable officer dies in the service of the Colony. Application of section 9 of the Ordinance.
Officers retiring on account of injuries.
[r. 31 cont.] Commutation. Conditions of pensions.
Allowance in certain cases to hospital matrons and nursing-sisters, with other services.
G.N.A. 32/51. G.N.A. 186/50. Citation. Application of Pensions Regulations.

Ord. 50 of 1949, s. 3, Schedule. G.N.A. 146/50. G.N.A. 229/50. G.N.A. 32/51. Citation, Interpretation. (Cap. 89.) Application of Part II.
Pensions to whom and at what rates to be granted. Gratuities where length of service does not qualify for pension. Marriage gratuities. Application of Part III.
Interpretation. Pension for service wholly within the Group.
[r. 9 cont.] Pensions where other service both within and not within the Group. Gratuities where length of service does not qualify for pension. Marriage gratuities.
General rules as to qualifying service and pensionable service.
Continuity of service. (15 & 16 Geo. 5, c. 59.) G.N.A. 229/50.
War service to count for pension purposes.
[r.16 cont.]
Service in His Majesty's Forces. Emoluments to be taken for computa-tion of pensions, etc.
[r. 18 cont.] (38 of 1932). G.N.A. 146/50.
Pensionable service, what is to be taken into account.
[r. 19 cont.] Acting service. Service not counting for pension.
Abolition of office and re-organization. Gratuity and reduced pension.
[r. 23 cont.] Application of Part V. Interpretation.
Annual allowance and gratuity for monthly paid officers.
[r.25 cont.]
Gratuity for daily paid employees. Service partly as monthly paid officer and partly as a daily paid employee.
[r. 28 cont.] Gratuity payable where a non-pensionable officer dies in the service of the Colony. Application of section 9 of the Ordinance.
Officers retiring on account of injuries.
[r. 31 cont.] Commutation. Conditions of pensions.
Allowance in certain cases to hospital matrons and nursing-sisters, with other services.
G.N.A. 32/51. G.N.A. 186/50. Citation. Application of Pensions Regulations.

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