WIDOWS AND ORPHANS PENSION ORDINANCE

WIDOWS AND ORPHANS PENSION ORDINANCE

CHAPTER 94.

THE WIDOWS AND ORPHANS PENSION ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section Page

1. Short title ............................... ... ... ... ... 43
2. Interpretation ............................ ... ... ... ... ... 43
3. Regulations prescribing persons to whom term 'officer' applies 43
4. Contributors to other schemes ............. ... ... ... ... ... 44
5. Pensions paid out of general revenue ...... ... ... 44

6. Contributions credited to general revenue ... ... ... ... 45

7. Appointment and meetings of directors ..... ... ... ... ... 45
8. Abatements from salaries and pensions ..... ... ... ... ... 45
9. Period for which abatement shall be made ... ... ... ... 47
10. Contributions of officers leaving the service ... ... ... ... 47

11. Right to continue contributions in full on reduced income ... 48

12. Right on retirement to elect to contribute on former dollar salary. 48

13. Right on retirement or deprivation of office. to continue to
contribute ... ... ... ... ... ... ... ... ... ... ... 49

14. Provisions for case of officers transferred to other employment
under the Crown ......................... ... ... ... ... 49

15. Officer to furnish particulars ........... ... ... ... ... ... 49

16. Penalty for non-compliance ............... ... ... ... ... ... 50

17. Exclusion from benefits 50

18. Duration of pension to orphan ............ ... ... ... ... 51

19. Calculation of pensions .................. ... ... ... ... ... 51

20. Provision for case of motherless orphans ... ... ... ... ... 51

21. Provision for case of widow marrying ..... ... ... ... ... 51

22. Provision for case of divorce or separation ... ... ... ... 51

23. Provision for case of widow and children of previous marriage. 51

24. Pension to children of widower ........... ... ... ... ... 52

25. Mode and condition of payment of pension ... ... ... 52

26. Payment on behalf of minors .............. ... ... ... ... 52

27. Payment. on behalf of minors in case of desertion ... 52

28. Pension not to be assigned or levied upon ... ... ... ... ... 53
29. Decision of questions under the Ordinance ... ... ... ... 53

30. Limit of compulsory contribution ......... ... ... ... ... ... 53

31. Rules and regulations ... ... ... ... ... ... ... ... ... ...

32. Ordinance not to apply to Directors of Audit and Auditors unless
they request ............................ ... ... ... 53





CHAPTER 94.

WIDOWS AND ORPHANS PENSION.

To provide for the pensions of widows and orphans, and lo
consolidale the laws in relation thereto

[31st December, 1908.]

1. This Ordinance may be cited as the Windows and Orphans
Pension Ordinance.

2. In this Ordinance

'child' means the child of an officer by his wife, born after marriage;

'directors' means such persons as may be appointed by the
Governor to carry out the provisions of this Ordinance;

'orphan' means the child of a deceased officer;

'pension' means any pension granted under this Ordinance, except
Where the Context implies that the pension of the contributor
himself is referred to.,

'pensioner' means any person entitled to a pension under this
Ordinance. except where the context implies that the contributor
himself is referred to;

'salary' means the salary of an officer's substantive appointment or
appointments including personal allowances in the nature of
salary ;

'wife' means the lawful wife of any officer married to him
by a Christian marriage or its civil equivalent, or in the
case of Chinese the kit fat or tin fong, or in the case
of any other Asiatic nation, the principal wife; and
widow shall be construed accordingly.

3. It shall be lawful for the Governor in Council to niake
regulations to prescribe the persons to whom the term officer in this
Ordinance shall apply and to make any such regulation with
retrospective effect to any date not being a date earlier than the 1st
day of January, 1947 : Provided that no such regulation shall take
effect unless it has received the prior approval of the Legislative
Council signified by resolution.





4. (1) No officer shall be required to contribute. under this
Ordinance if, and for so long as, lie is contributing to an approved
scheme, or if he has completed his contributions to an approved
scheme

(2) For the purposes of this section an approved scheme means a
scheme for the granting of pensions to the widows and children of
Government officers, established in a British colony or protectorate or
in British India or in any territory in respect of which a mandate is being
exercised by the government of any part of His Majesty's dominions,
which is declared by the Secretary of State to be an approved scheme
for the purposes of this section.

(3) Any claim for exemption under this section must be in writing
and must reach the Colonial Secretary within three months after the
officer commences to draw salary from this Government or such
extended period as the Governor in Council may in any particular case
allow.

(4) An officer who under this section has obtained exemption from
becoming a contributor under this Ordinance may not subsequently
become a contributor under this Ordinance unless

(a) he ceases to contribute to the approved scheme, oi.

(b) he marries, or

(c) he leaves the service of this Government and is subsequently
reappointed to it.

(5) Nothing in this section shall exempt an officer, who on
reappointment to the service of this Government is already a
contributor under this Ordinance, from continuing his contributions
under this Ordinance.

(6) If an officer obtains exemption under this section,
any contributions previously made by him under this
Ordinance while this claim for exemption is pending or
during either of the periods mentioned in subsection (3)
shall be returned to him without interest.

5. Pensions shall be paid out of the general revenue
and are hereby made charges upon such revenue.





6. All contributions and other revenues receivable from officers
under the provisions of this Ordinance shall be carried
to the credit of the general revenue.

7. (1) It shall be lawful for the Governor to appoint any number of
officers not exceeding five and not less than three as directors, of whom
the Financial Secretary shall be one, for the purpose of carrying out the
provisions of this Ordinance, and to cancel the appointment of any such
person.

(2) In the event of the death or absence from the Colony of a
director, or in the event of the cancel cancellation of the appointment of
any director, the Governor may appoint another officer to be a director
in his place.

(3) Appointments of directors and cancellations actions thereof
shall take effect from the notification thereof in the Gazette.

(4) At every meeting of the directors the Financial
Secretary, and in his absence the senior officer present, shall
preside. Every question shall be decided by the vote of
the majority present at the meeting ; the chairman n shall have
a casting vote in addition to his vote as director. There
shall be no meeting at which there shall not be at least
three directors present and voting.

8. (1) Subject to the provisions Of section 30, a monthly abatement
of four per cent shall be made frorn the salary or pension of every
officer, and such abatements shall be credited to the general revenue :
Provided that in the case of an officer holding or having held a post the
salary of which is on a sterling basis, the abatement shall be made in
dollars at four per cent of such salary or pension converted into dollars
at the average demand rate of exchange from the 15th day of the
preceding month to the 15th day of the month of payment. Such
contributions shall continue to be payable on the full salary whenever
an officer is on leave of absence with half salary or without salary

In the case of an officer holding a post the salary of which is on a
dollar basis, the abatement shall be made in dollars at four per cent of
his nominal salary.

(2) Contributions made by officers holding or having
held posts, the salary of which is on sterling basis, shall
for the purpose of calculating pensions be deemed to be fixed





sterling contributions, and the pensions shall accordingly be fixed and
payable in sterling, or if paid in the Colony, shall be converted into
dollars at the average demand rate of exchange from the 15th day of the
preceding month to the 15th day of the month of payment.

(3) The abatement aforesaid shall be made by the Accountant
General, or in case of payments made by the Crown Agents, by the
Crown Agents on each occasion of Payment of salary or pension, and
shall be placed to the credit of the general revenue : Provided always
that

(a)when a contributor on leave of absence is paid by, the
Crown Agents, he shall be entitled to receive only ninety-six
per cent or forty-six per cent of his nominal salary, according
as he is on full or half pay leave, converted (in the case of
dollar salaries) into sterling. at the rate of exchange at which
such contributor is entitled to receive such Salary;

(b)when a contributor's peiision is paid by the Crown Agents,
such pension (i) if a dollar pension shall, subject to the
provisions of sections 11 and 12, be reduced by four per cent
of its nominal dollar value, and the balance thus reduced
shall be payable to him, converted into sterling at the rate of
exchange at which he is entitled to receive such pension, and
(ii) if a sterling pension shall be payable to him, reduced by
four per cent.

(4) In the event of such abatement not being made, every officer
shall pay to the Accountant General or Crown Agents, within fifteen
days after the receipt by him of his monthly salary or pension, a sum
equal to four per cent thereof ; and in the event of an officer being on
leave without salary, he shall pay, before the 15th day of every month during
the continuance of such leave, to the Accountant General or Crown
Agents, a sum equal to four per cent upon the full salary which he
would have received monthly if he had not been on leave. All sums
due under this subsection, and all arrears of contributions due and
payable under this Ordinance, shall be a debt due by the officer, and
shall be payable to the Accountant General or Crown Agents, with
interest at six Per cent, forthwith or by





such instalments as the directors may determine. The
Accountant General or Crown Agents shall, on the written
order of the directors or of any two of them, deduct from
any moneys which may be or may become due or payable
to the officer by whom such debt is payable the whole or
any part thereof.

9.The abatement aforesaid shall continue to be made
until such officer has either attained the age of sixty-five
years, or has been subject to the abatement for thirty-five
successive years, whichever may first happen, and shall
thereupon cease and determine.

10. (1) Except as provided in sections 11 and 12, all officer who from
any, cause whatever ceases to belong to the public service and retires
on pension shall not be called upon to make any further contribution
beyond a monthly abatement of four per cent on such pension to
commence from the date of his retirement until he attains sixty-five
years of age or has been subject to abatement for thirty-five
years, when such abatenient shall cease.

(2) An officer who, being a bachelor, leaves the public service with
or without pension on transfer or on retirement or on dismissal or
otherwise shall, if he elects to discontinue being a contributor, receive
back half the contributions which he has made under the provisions of
this Ordinance or any Ordinance repealed by this Ordinance without
interest thereon; and if an officer who is a bachelor dies while in the
service one-half of the contributions made by, him shall be paid
witliout interest to his legal representative.

(3) An officer being a widower without children pensionable
under this Ordinance who leaves the public service with or without
pension on retirement or on dismissal or otherwise, shall cease to
contribute and to have any rights under this Ordinance. In any such
case one-half of the contributions made as aforesaid by, him since the
death of his last wife or if at the death of such wife any child continued
to be pensionable, after the time when such child ceased to be
pensionable, shall be repaid without interest to such officer.

(4) An officer being a widower with children pensionable under
this Ordinance at the time when he leaves the public service shall on
the last of such children ceasing to be
pensionable cease to contribute and to have any rights under
this Ordinance.

(5) An officer, with children pensionable under this
Ordinance at the tiem when he leaves the public service,
who subsequently becomes a widower shall thereupon, or
upon the last of such children ceasing to be pensionable
(whichever event last happens), cease to contribute and to
have any rights under this Ordinance.

(6) If an officer, who is a widower without children
entitled to pension, dies while in the public service, one-half
of the contributions made by hime as aforesaid since the
death of his last wife or, if at the death of such wife any
child continued to be pensionable, after the time when such
child ceased to be pensionable, shall be repaid without interest
to his legal representative.

11 (1) Whenever the salary of an officer becomes
reduced by abatement of his emoluments or by retirement
on pension, he may elect to continue to contribute upon the
higher salary which he was receiving previous to such
reduction, and subject to the same terms and conditions as
if he has continued to draw the higher salary: Provided
that such officer shall notify his decision to the Accountant
General within one month after the date of abatement
or within four months after the date of his retirement:
Provided also that if such officer fails to notify his decision
to the Accountant General within one month or four months,
as the case may be, or if he dies before he has notified his
decision, he shall be deemed to have elected to contribute
on the lower salary or pension.

(2) If such does not elect so to continue to
contribute upon the higher salary, and contributes on the
lower salary or pension, any pension to his widow or children
shall be diminished by the amount by which it would have
been increased had such officer's salary been increased and
not diminished.

12. In the case of an officer retiring whose pension is
paid on a dollar basis and who elects to contribute on the
basis of his former dollar salary, such pension shall be
reduced by the amount of the abatement at four per cent
of his former dollar salary, and the balance shall be payable





to him converted into sterling at the rate of exchange at
which he is entitled to receive such pension.

13. An officer who retires or who is deprived of the office in
respect of which he contributed, but who is not granted a pension, may
continue to contribute, from the date of his so retiring or being
deprived of his office, on the salary which he was receiving at the date
of such retirement or deprivation, at the same rate and subject to the
same terms and conditions as if he had continued in the public service
and continued to receive the salary which he was receiving at the date
of such retirement or deprivation.

In the event of his ceasing to contribute or in the event
of any contributions due from him not having been paid for
six months, his widow or his widow and children, as the
case may be, shall be entitled on his death only to a pension
computed on the basis of the interest acquired by such con-
tributor at the date of his ceasing to contribute, in accordance
with the Tables to this Ordinance.

14. An officer transferred from the service of this Government to
any other office under the Crown may continue to contribute from the
date of his ceasing to hold office in the service of this Governnient on
the salary which he was receiving at the date of such transfer, at the
same rate and subject to the same terms as if he had continued in the
service of this Government and continued to receive the salary which
he was receiving at the date of such transfer.

In the event of his ceasing to contribute, or in the event
of any contribution due from him not having been paid for
six months, his widow or his widow and children, as the
case may be, shall be entitled after his death only to a pension
computed on the basis of the interest acquired by such con-
tributor at the date of his being transferred or of his ceasing
to contribute, in accordance with the Tables to this
Ordinance.

15. (1) Every officer shall, within three months of the date of his
becoming liable to contribute, forward to the Accountant General a
declaration setting forth the date of his becoming so liable, his own
name in full and the date of his birth, and if he is married, the date of
his marriage





and the maiden name in full and the date of the birth of his wife, and if
he has any children, their names in full and the date of each of their
births; he shall furnish such proof of the statements as may be
required by the directors.

(2) Every officer who marries shall, within three niontlis of his
marriage, forward to the Accountant General a declaration setting forth
the date of such marriage and the maiden name of his wife and the date
of her birth.

(3) Every officer shall, within three months, notify to the
Accountant General the date of the birth of each child born to him.

(4) Every officer whese wife dies or is divorced from
him, or whose. child dies or whose female child is married,
and the guardian of every child child who dies or of female
child who is married, shall within three months thereof,
notify to the Accountant General the date Of Such death,
divorce or marriage.

16. (1) Every officer who, in the judgment of the
directors-

(a)fails, omits or refuses to perform any duty cast upon hirn or
to do any act required of him by this Ordinance, may be
adjudged by the directors to pay for each such default
omission or refusal a fine of one hundred dollars; or

(b)furnishes any false information or makes any false
declaration, shall forfeit at the discretion of the directors,
subject to the consent of the Governor, all or any part of his
rights under this Ordinance.

(2) The Accountant General shall, on the judgment of
the directors being notified to him, deduct the amount of
such fine from the first moneys payable to the officer as
salary or otherwise, and shall pay such amount into the
general revenue.

17. (1) No widow of an officer, whose marriage was contracted after
he had ceased to contribute, and no child of such marriage shall be
entitled to a pension.

(2) No widow of an officer who dies within one year from the date
of his marriage shall be entitled to a pension unless a child is born of
such marriage : Provided that it





shall be lawful for the directors, with the consent of the
Governor, to award to such last-mentioned widow all or any
part of the pension to which she would have been entitled
but for the provisions of this subsection.

18. The allowance or pension to an orphan shall cease
in the case of a male at the age of eighteen years, and in
the case of a female on marriage or at the age of twenty-one
years.

19. Every pension shall be calculated according to the
rules and tables under this Ordinance.

20. Subject to the provisions of section 18, when orphans have no
living mother or stepmother entitled to a pension, the pension to which
the wife of the deceased contributor would have been entitled if she
had survived him or which his widow was receiving at the time of her
death shall be divided equally among such orphans; and whenever one
of such orphans ceases to be eligible for pensions, the whole pension
shall be re-divided equally among the others.

21. If the widow of an officer marries again she shall
cease to receive a pension from the date of remarriage; and
the children of such widow and officer shall thereupon be
entitled to pension as if both their parents were dead.

22. A wife whose. marriage has been dissolved by a
divorce which would be recognised as valid by a British court
of justice shall, for the purposes of this Ordinance, be con-
sidered as dead; but where an officer has been separated
frorn his wife, either judicially or by mutual consent, or
otherwise, the directors may having regard to the grounds
of the separation and the subsequent subsequent conduct of both
parties, grant a pension either to the widow or to the orphans, if
any, as they shall think the more desirable.

23. (1) When. an officer dies leaving a widow and children, the
issue of a previous marriage existing when he became a contributor or
contracted after he became a contributor, such children shall be entitled
each to a share or portion of one-half of the pension to which their
mother, if she had survived their father, would have been entitled, such
share or portion being calculated in accordance with the provisions of
section 20.





(2) The widow of such officer shall be entitled to onehalf of the
pension to which she would have been entitled if there had been no
such children ; and when such children cease to be entitled to pension,
then she shall be entitled to the whole of the pension which she would
have received if there had been no such children.

(3) If the widow dies leaving no issue of her marriage with the
officer, the children of the first marriage shall be entitled to such
pensions as if the officer had not contracted such subsequent
marriage.

(4) If the widow dies leaving children, the issue of her
marriage with the officer, such children shall be entitled
eacli to a share or portion of the pension to which their
mother was entitled, such share or portion being calculated
in accordance with the provisions of section 20.

24. The children of a widower who is or becomes a contributor
shall be entitled on his death to the pension to which they would have
been entitled if their mother had been living at the time of his becoming
liable to contribute

25. The pension payable to any person entitled thereto
shall begin upon the death of the officer or of his widow, as
the case may be, and shall accrue daily and shall be paid
monthly. But before any such payment it shall be. lawful
for the directors to require proof that any, widow or child is
alive and entitled to the pension claimed by such widow
or child.

26. (1) In any case in which a minor is entitled to payment of a
pension or portion of a pension, it shall be lawful for the directors to
appoint a fit and proper person to whom such pension shall be paid on
belialf of such minor

(2) Such appointment shall be in writing under the
hand of at least three of the directors, and the receipt of such
person shall be a legal discharge for the payment of such
pension or portion thereof.

27. If the widow of any officer ceases to assist, deserts
or abandons a child who would be entitled on her death to
draw pension, and who may be in a state of or
destitution, the directors may, in their discretion, pay to a
fit and proper person on behalf of such child such proportion
of the pension as they may think fit in each case, and the





widow sliall have no further claim on the directors in respect
thereof.

28. (1) No pension payable under this Ordinance shall be assigned
or transferred, and every assignment or transfer thereof shall be
absolutely null and void and of no effect.

(2) No such pension shall be attached, or levied upon,
or arrested, or taken in execution on account of any debt or
payment due by the person to whom such pension is
payable.

29. If any question arises as to whether any person is an officer
within the meaning of this Ordinance, or as to whether any person is
entitled to any pension as the wiclow or child of an officer, or as to the
arnount of pension to which any widow or child is entitled, or as to the
meaning or construction to be assigned to anv section of this
Ordinance, or to any rule or regulation made under the provisions
thereof, it shall be lawful for the directors, and they are hereby required,
on the application of any such officer, widow or child, to submit such
question for decision to the Governor; and the decision of the
Governor thereon, with the advice of the Executive Council, shall be
final.

30. No person contributing at the commencement of this
Ordinance shall be required to pay any higher contribution
than such as would entitle his widow or children to a pension
of, in the case of a dollar contributor, fifteen hundred dollars,
and in the case of a sterling contributor, two hundred and
twenty-five pounds sterling per annum : Provided that
every such person may if he wishes contribute the full four
per cent of his salary or pension referred to in sections 8
and 10.

31. The directors may make regulations, subject to the
approval of the Governor in Council, for the proper carrying
out of this Ordinance.

32. This Ordinance shall not apply to any officer who is a Director
of Audit or Auditor, appointed on the recomniendation of the Director
of Colonial Audit in London, unless within six months after the date of
his arrival in the Colony he has stated in writing to the Accountant
General that he desires this Ordinance to apply to him, in which event it
shall apply accordingly from the date of the receipt
of the statement by the Accountant General.
Originally 15 of 1908. Fraser 15 of 1908. 9 of 1939. 4 of 1948. 22 of 1950. Short title. Interpretation. Regulations prescribing persons to whom term 'officer' applies 4 of 1948, s. 2. Contributors to other schemes. Pensions paid out of general revenue. Contributors credited to general revenue. 8 of 1939, s. 5. Appointment and meetings of directors. Abatements from salaries and pensions. [s. 8 cont.] [s. 8 cont.] Period for which abatement shall be made. Contributions of officers leaving the service. [s. 10 cont.] Right to continue contributions in full on reduced income. Right to retirement to elect to contribute on former dollars salary. Right on retirement or deprivation of office to continue to contribute. Provisions for case of officers transferred to other employment under the Crown. Officer to furnish particulars. Penalty for non-compliance. 22 of 1950, Schedule. Exclusion from benefits. Duration of pension to orphan. Calculation of pensions. Provision for case of motherless orphans. Provision for case of widow marrying. Provision for case of divorce or separation. Provision for case of widow and children of previous marriage. [s. 23 cont.] Pension to children of widower. Mode and condition of payment of pension. Payment on behalf of minors. Payment on behalf of minors in case of desertion. Pension not to be assigned or levied upon. Decision of questions under the Ordinance. Limit of compulsory contribution. Rules and regulations Ordinance not to apply to Directors of Audit and Auditors unless they request.

Originally 15 of 1908. Fraser 15 of 1908. 9 of 1939. 4 of 1948. 22 of 1950. Short title. Interpretation. Regulations prescribing persons to whom term 'officer' applies 4 of 1948, s. 2. Contributors to other schemes. Pensions paid out of general revenue. Contributors credited to general revenue. 8 of 1939, s. 5. Appointment and meetings of directors. Abatements from salaries and pensions. [s. 8 cont.] [s. 8 cont.] Period for which abatement shall be made. Contributions of officers leaving the service. [s. 10 cont.] Right to continue contributions in full on reduced income. Right to retirement to elect to contribute on former dollars salary. Right on retirement or deprivation of office to continue to contribute. Provisions for case of officers transferred to other employment under the Crown. Officer to furnish particulars. Penalty for non-compliance. 22 of 1950, Schedule. Exclusion from benefits. Duration of pension to orphan. Calculation of pensions. Provision for case of motherless orphans. Provision for case of widow marrying. Provision for case of divorce or separation. Provision for case of widow and children of previous marriage. [s. 23 cont.] Pension to children of widower. Mode and condition of payment of pension. Payment on behalf of minors. Payment on behalf of minors in case of desertion. Pension not to be assigned or levied upon. Decision of questions under the Ordinance. Limit of compulsory contribution. Rules and regulations Ordinance not to apply to Directors of Audit and Auditors unless they request.

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