Public Service Pension (Ex-Gratia Pensions) Regulations
In forcePUBLISHING DETAILS The Public Service Pensions (Ex-Gratia Pensions) Regulations 2004, consolidated with the — Public Service Pensions (Ex-Gratia Pensions) (Amendment) Regulations, 2009 Public Service Pensions (Ex-Gratia Pensions) (Amendment) Regulations, 2011 Public Service Pensions (Ex-Gratia Pensions) (Amendment) Regulations, 2018 Public Service Pensions (Ex-Gratia Pensions) (Amendment) Regulations, 2025 Public Service Pensions (Ex-Gratia Pensions) (Amendment) (No. 2) Regulations,
Revised under the authority of the Law Revision Act (2020 Revision)
Originally made — Regulations, 2004-1st June, 2004 Regulations, 2009-12th May, 2009 Regulations, 2011-13th December, 2011 Regulations, 2018-12th June, 2018 Regulations, 2025-21st May, 2025 Regulations, 2025-22nd October, 2025.
Consolidated and revised this 31st day of December, 2025.
Note (not forming part of these Regulations): This revision replaces the 2019 Revision which should now be discarded.
Arrangement of Regulations
Regulation 1A. 2A. 3A.
Regulation 1
Citation These Regulations may be cited as the Public Service Pensions (Ex-Gratia Pensions) Regulations (2026 Revision). 1A. Definitions 1A. “principal Act” means the Public Service Pensions Act (2023 Revision). Eligibility for ex-gratia pensions (1) Any Caymanian (as defined in the Immigration (Transition) Act (2022 Revision)) who — (a) is sixty five years of age or older; or (b) is not sixty five years of age but who has been certified by the Chief Medical Officer as being permanently disabled, and who — (i) held an office in the Public Service or the Other Public Service for any period of at least four or more years in the aggregate; and
Regulation 2A
(ii) during at least four years (in the aggregate) of that person’s said service, was not entitled to a pension or did not receive a contracted officer’s supplement or similar compensation, may, in accordance with these regulations, apply for an ex-gratia pension in respect of the period of that person’s said service that is prior to the date when that person attained the age of sixty years and in respect of which that person was not entitled to a pension and did not receive a contracted officer’s supplement or similar compensation. 2A. Eligibility for ex-gratia defined benefit pensions 2A. (1) Any Caymanian (as defined in the Immigration (Transition) Act (2022 Revision) who — (a) is eligible for early retirement or normal retirement; or (b) has been certified by the Chief Medical Officer as being permanently disabled,
and who meets all of the criteria specified in subregulation (2), is eligible to receive remuneration in the form of an ex-gratia defined benefit pension for an unpaid contracted officer's supplement. (2) The criteria referred to in subregulation (1) are that the relevant Caymanian — (a) held an office in the Public Service prior to 1 January, 2000 (the “relevant date”); (b) was granted Caymanian status after the relevant date; (c) was employed continuously without a break in contracts, and continued to be employed with the Government when that person obtained the grant of Caymanian status; (d) was not an active participant in the prior pensions plan on the relevant date and so was not eligible to become an active defined benefit participant as defined in Part II of the Public Service Pensions Law, 1999 [Law 6 of 1999] and pursuant to section 29(1) of the Public Service Pensions Law, 1999 [Law 6 of 1999]; (e) was employed under — (i) a contract of employment that contained a provision for a contracted officer’s supplement or was otherwise entitled to the payment of a contracted officer’s supplement; or (ii) contracts that expressly, or otherwise through statutory incorporation, contained a pension award option, or a provision to the effect that, upon being granted Caymanian Status, that person becomes eligible to join the permanent and pensionable Establishment and that person’s appointment will be antedated to the date on which that person was granted Caymanian Status;
Regulation 3
(f) at any period before the relevant date, was entitled to the payment of a contracted officer’s supplement (either pursuant to that person’s contract or pursuant to the General Orders), but was not provided with a contracted officer’s supplement; (g) has not benefited from any ex-gratia payment in relation to the period of time in office, when that person did not receive a contracted officer’s supplement and did not receive pension benefits; and (h) since the relevant date, has not settled or otherwise executed a Settlement Deed with the Cayman Islands Government and received payments of the settlement sum, in satisfaction of a claim for contracted officer’s supplement, or pension benefits, including Defined Benefits equivalent claims. Application for ex-gratia pension and grant (1) An application for an ex-gratia pension shall be made in the form set out in the Schedule and shall be submitted to the Chief Executive Officer, Public Service Pensions and such application shall be accompanied by — (a) a letter setting out the applicant’s grounds for applying for the grant of an ex-gratia pension; (b) where applicable, a medical certificate signed by the Chief Medical Officer stating that the applicant is permanently disabled; the applicant’s original birth certificate or passport and, where applicable, the applicant’s status certificate; and (d) a letter signed by or on behalf of the Chief Officer of the Portfolio of the Civil Service or the manager of the relevant statutory authority confirming that the applicant, or the person in respect of whose service the application is made, has held an office in the service of the Islands for any period of four or more years in the aggregate. (2) If the Board is satisfied that the application is one which ought to be granted it shall grant the application. (3) The Board shall not grant an application for an ex-gratia pension where — (a) it is of the opinion that the applicant does not meet the conditions set out in regulation 2; or (b) where the applicant has failed to provide the information required under subregulation (1), and the decision of the Board shall be final. (4) Where the Board rejects an application it shall give the applicant reasons for that rejection.
Regulation 3A
(5) Where an application for an ex-gratia pension is granted under subregulation (2), there shall be paid out of the Fund to the applicant an ex-gratia pension of an amount ascertained in accordance with subregulation (6) which shall become payable with effect from the date the applicant — (a) becomes sixty five years of age; (b) is certified by the Chief Medical Officer as being permanently disabled; or submits that person’s application to the Chief Executive Officer, whichever is later; and if the amount of an ex-gratia pension is varied pursuant to an amendment of subregulation (6), the varied amount of the ex-gratia pension shall become payable with effect from the date of commencement of the relevant amendment. (6) Where — (a) the office in the service of the Islands in respect of which an ex-gratia pension has been granted was held for a period in the aggregate of four or more years but less than ten years, the ex-gratia pension shall be the sum of three hundred dollars each month; and (b) the office in the service of the Islands in respect of which an ex-gratia pension has been granted was held for a period in the aggregate of ten or more years, the ex-gratia pension shall be calculated as if the applicant had been eligible to participate in the defined benefits part of the Plan for the period of service but shall not be a sum of less than four hundred and fifty dollars each month. (7) The provisions of the principal Act relating to the payment of pensions or other benefits under the principal Act, including the circumstances in which benefits cease to become payable but excluding — (a) the provisions of the principal Act relating to the payment of benefits to spouses and children; and (b) 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 the Public Service Pensions (Ex-Gratia Pensions) (Amendment) Regulations, 2018 [SL 24 of 2018] had not come into force, shall apply (with any necessary modifications) to the payment of ex-gratia pensions under these Regulations. 3A. Application for ex-gratia defined benefit pension and grant 3A. (1) The application for an ex-gratia defined benefit pension shall be made in the form set out in the Schedule and shall be submitted to the Chief Executive Officer, Public Service Pensions and such application shall be accompanied by —
Regulation 3A
(a) a letter setting out the applicant’s grounds for applying for the grant of an ex-gratia defined benefit pension; (b) where applicable, a medical certificate signed by the Chief Medical Officer stating that the applicant is permanently disabled; (c) the applicant’s original birth certificate or passport and, where applicable, the applicant’s status certificate; and (d) copies of contracts to support ex-gratia defined benefit service. (2) If the Board is satisfied that the application is one which ought to be granted it shall grant the application. (3) The Board shall not grant an application for an ex-gratia defined benefit pension where — (a) it is of the opinion that the applicant does not meet the conditions set out in regulation 2A; or (b) where the applicant has failed to provide the information required under subregulation (1), and the decision of the Board shall be final. (4) Where the Board rejects an application, it shall give the applicant reasons for that rejection. (5) Where an application for an ex-gratia defined benefit pension is granted under subregulation (2), there shall be paid out of the Fund to the applicant an exgratia defined benefit pension of an amount ascertained in accordance with subregulation (6) which shall become payable with effect from the date the applicant — (a) has taken early retirement or normal retirement; (b) has retired after having been certified by the Chief Medical Officer as being permanently disabled; or (c) submits that person’s application to the Chief Executive Officer,
whichever is later; and if the amount of an ex-gratia defined benefit pension is varied pursuant to an amendment of subregulation (6), the varied amount of the ex-gratia defined benefit pension shall become payable with effect from the date of commencement of the relevant amendment. (6) The ex-gratia defined benefit pension shall be calculated on the same basis as if the applicant had been eligible to participate in the defined benefit part of the Plan in accordance with section 29(1) of the Public Service Pensions Law, 1999 [Law 6 of 1999], except that — (a) the ex-gratia defined benefit pension shall be reduced by the precommutation pension benefit of any defined contribution pension entitlements provided to the applicant in accordance with Part 3 of the Public Service Pensions Law, 1999 [Law 6 of 1999]; and
Regulation 4
(b) if, for the service period in question, the applicant is in receipt of — (i) any pension entitlements provided to an employee in accordance with the Public Service Pensions Act (2023 Revision); (ii) any ex-gratia pension provided to an employee in accordance with the Public Service Pensions (Ex-Gratia Pensions) Regulations (2026 Revision); or (iii) any sum provided to an employee by way of any settlement agreement,
the applicant shall be disqualified. (7) The provisions of the Act relating to the payment of pensions or other benefits under the Act, including the circumstances in which benefits cease to become payable shall apply (with any necessary modifications) to the payment of exgratia defined benefit pensions under this 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 the Public Service Pensions (Ex-Gratia Pensions) (Amendment) Regulations, 2018[SL 24 of 2018] had not come into force. (3) Every application for an ex-gratia pension made under the Public Service Pensions (Ex-Gratia Pensions) Regulations (2012 Revision), and which was not yet dealt with on the date of commencement of the Public Service Pensions (ExGratia Pensions) (Amendment) Regulations, 2018 [SL 24 of 2018] 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 Public Service Pensions (Ex-Gratia Pensions) Regulations (2012 Revision) (other than regulation 4 of the principal Regulations). (4) Every appeal relating to an ex-gratia pension made under the Public Service Pensions (Ex-Gratia Pensions) Regulations (2012 Revision) and which was not dealt with on the date of commencement of the Public Service Pensions (ExGratia Pensions) (Amendment) Regulations, 2018 [SL 24 of 2018] or was partly dealt with on that date, shall be dealt with or continued, as the case may be, in all respects under the Public Service Pensions (Ex-Gratia Pensions) (Amendment) Regulations, 2018 [SL 24 of 2018] . (5) Where, before the commencement of the Public Service Pensions (Ex-Gratia Pensions) (Amendment) Regulations, 2018 [SL 24 of 2018], 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
Regulation 4
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 the Public Service Pensions (ExGratia Pensions) (Amendment) Regulations, 2018 [SL 24 of 2018] 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.
(regulation 3)
Ex-Gratia Pension Application Form In order to complete the application process for ex-gratia pension, we need you to complete this form. When you have checked the form and signed it, please return it to the Chief Executive Officer, Public Service Pensions, along with your Birth Certificate or Passport. Please provide us with the original certificate, which will be returned to you.
Please print clearly on lines below
Name First Middle Last Salutation Mr./Mrs./Miss / Other Employee number (if known)
Sex Male or Female
Nationality
Date of Birth Date of Hire Date of Retirement Government Department/ Statutory Authority
Street Address House: District: Island: Zip:
P.O. Box and District:
Telephone Work Home
Indicate whether you have ever at any time been the recipient of a pension, contracted officer’s supplement or such similar compensation from the Government of the Cayman Islands or from a statutory authority for public service. Yes or No (Circle One). If yes, please provide dates for which payments were received. The foregoing information is believed to be a true and correct account.
Signature ___________________________________________Date ________________
Address of the Chief Executive Officer, Public Service Pensions: Public Service Pensions Board P.O. Box 912 George Town Grand Cayman
For official use only: Item Y N Follow-up Applicant’s Birth Certificate/Passport
Status Certificate
Cover letter
Contracts or service verification documentation
Pension Administration
Approved: Chief Executive Officer, Public Service Pensions
Signature ____________________ Date__________
Publication in consolidated and revised form authorised by the Cabinet this 28th day of January, 2026. Kim Bullings Clerk of Cabinet
Table of Legislation history: SL # Act/Law # Legislation Commencement Gazette 40/2025
(Amendment) (No.2) Regulations, 2025 24-Oct-2025 LG41/2025/s1 28/2025
(Amendment) Regulations, 2025 25-May-2025 LG24/2025/s1
Regulations (2019 Revision) 21-Feb-2019 LG4/2019/s2 24/2018
(Amendment) Regulations, 2018 18-Jun-2018 G13/2018/s2
Regulations (2012 Revision) 22-Oct-2012 G22/2012/s5 29/2011
(Amendment) Regulations, 2011 15-Dec-2011 GE109/2011/s1
Regulations (2011 Revision) 21-Nov-2011 G24/2011/s9 22/2009
(Amendment) Regulations, 2009 14-May-2009 GE33/2009/s2 19/2004
Public Service Pensions (Ex-Gratia Pensions) Regulations 28-Jun-2004 G13/2004/s5
(Price: $4.00)