Public Service Pensions (Ex-gratia Pensions) (Amendment) Regulations, 2018
Spentdated 18th June, 2018.
THE PUBLIC SERVICE PENSIONS LAW (2017 REVISION)
ARRANGEMENT OF REGULATIONS
Citation and commencement Amendment of regulation 2 - eligibility for ex-gratia pensions Amendment of regulation 3(5) - application for ex-gratia pension and grant Repeal of regulation 4 and substitution- savings
THE PUBLIC SERVICE PENSIONS LAW (2017 REVISION)
The Cabinet, in exercise of the powers conferred by sections 4 and 15 of the Public Service Pensions Law (2017 Revision), makes the following Regulations - These Regulations may be cited as the Public Service Pensions (Ex Gratia Pensions) (Amendment) Regulations, 2018. The Public Service Pensions (Ex-Gratia Pensions) Regulations, (2012 Revision), in these Regulations referred to as the “principal Regulations”, are amended in regulation 2 as follows - (a) by deleting the words “(as defined in the Immigration Law (2012 Revision)” and substituting the words “(as defined in the Immigration Law (2015 Revision)”; and (b) by deleting the word “sixty” where they appear for the first two times in the regulation and by substituting the words “sixty five”. The principal Regulations are amended in regulation 3(5)(a) by deleting the word “sixty” and by substituting the words “sixty five”. The principal Regulations are amended by repealing regulation 4 and substituting the following regulation - “Savings and transitional provisions (1) Nothing in these Regulations shall adversely affect the rights of any person where those rights were acquired under the principal Regulations or any earlier regulations.
(2) Subject to paragraph (5), every ex-gratia pension granted under the principal Regulations shall continue to be paid by the Board with the same effect as if these new Regulations had not Citation Amendment of regulation 2- eligibility for ex-gratia pensions Amendment of regulation 3(5) - application for ex-gratia pension and grant Repeal of regulation 4 and substitution- savings
come into force. (3) Every application for an ex-gratia pension made under the principal Regulations and which was not yet dealt with on the date of commencement of these new Regulations or was partly dealt with by the Board on that date, shall be dealt with or continued, as the case may be, in all respects under the principal Regulations (other than regulation 4 of the principal Regulations). (4) Every appeal relating to an ex-gratia pension made under the principal Regulations and which was not dealt with on the date of commencement of these new Regulations or was partly dealt with on that date, shall be dealt with or continued, as the case may be, in all respects under these new regulations. (5) Where, before the commencement of these new Regulations, a retired participant who is receiving an ex-gratia pension and who was subsequently re-employed in the Public Service or Other Public Service or received a contract renewal at the same salary grade or higher, the Board shall, after notifying the retired participant, suspend the ex-gratia pension of the retired participant until the retired participant attains normal retirement age or is terminated, whichever is earlier.
(6) Where after the date of commencement of these new Regulations a retired participant returns to employment in the Public Service or Other Public Service that retired participant shall not be entitled to an ex-gratia pension until the retired participant attains the normal retirement age or is terminated whichever is earlier. (7) In this regulation, “new Regulations” means the principal Regulations as amended by these Regulations.”.
Made in Cabinet the 12th day of June, 2018.
Kim Bullings
Clerk of Cabinet