Public Service Pensions (Ex-gratia Uplift Payments) Regulations

PUBLISHING DETAILS

Revised under the authority of the Law Revision Act (2020 Revision).

The Public Service Pensions (Ex-Gratia Uplift Payments) Regulations, 2018 made 12th June, 2018.

Consolidated with — 2019 made 17th December, 2019 2019 made 5th December, 2023 2019 made 25th February, 2025.

Consolidated and revised this 31st day of December, 2025.

Arrangement of Regulations

Regulation 1

Citation These Regulations may be cited as the Public Service Pensions (Ex-Gratia Uplift Payments) Regulations (2026 Revision). Definitions In these Regulations — “Caymanian” has the meaning assigned by the Immigration (Transition) Act, (2022 Revision); “cumulative pension” means — (a) a pension annuity payable monthly under the principal Act; (b) an ex-gratia pension payable under the Public Service Pensions (ExGratia Uplift Payments) Regulations (2026 Revision); or a combination of any of the pensions specified in sub sub-paragraphs (a) and (b); “financial year” means a year ending on 31st December; “minimum cumulative pension” means a monthly payment in the amount of one thousand five hundred dollars commencing 1st January, 2025; “normal uplift age” means —

Regulation 3

(a) age sixty for retired participants whose retirement date occurred before the commencement of these Regulations; (b) age sixty five for retired participants whose retirement date occurs on or after the commencement of these Regulations; or the age at which a retired participant retired or retires after being certified by the Chief Medical Officer of the Government as being permanently disabled; “principal Act” means the Public Service Pensions Act (2023 Revision); Eligibility for ex-gratia uplift pension (1) A retired participant who is in receipt of a monthly pension — (a) who is Caymanian; (b) who has attained the normal uplift age; who held an office in the Public Service or the Other Public Service for any period of at least ten or more years in the aggregate which aggregate period shall include any one or more of the following periods — (i) any period of pensionable service; (ii) a combination of periods of pensionable service and any period which may be taken into account in calculating eligibility for an exgratia pension; or (iii) any period which may be taken into account in calculating eligibility for an ex-gratia pension; (d) and who, during any period specified in sub sub-paragraph (c), was not entitled to or did not receive a contracted officer’s supplement or similar compensation; and (e) whose cumulative pension is less than the minimum cumulative pension, is entitled to an ex-gratia uplift payment equal to the difference between the retired participant’s cumulative pension and the minimum cumulative pension. (2) An ex-gratia uplift payment ceases upon the death of the retired participant. Government liability for the ex-gratia uplift payment An ex-gratia uplift payment is not a liability of the Fund and shall be a recurrent expenditure of the Government which shall be prepaid by the Government into the Fund in amounts necessary to pay such ex-gratia uplift payments. Savings and transitional provisions (1) Subject to paragraph (3), a retired participant who satisfies the eligibility requirements set out in regulation 3 before 1st January, 2018 shall be entitled to an ex-gratia uplift payment with effect from 1st January 2018.

Regulation 5

(2) Subject to paragraph (3), a retired participant who satisfies the eligibility requirements set out in regulation 3 on or after 1st January 2018 shall be entitled to an ex-gratia uplift payment with effect from the first day of the month immediately following the date of eligibility of the retired participant. (3) A retired participant may, pursuant to a procedure established by the Board under section 9 of the principal Act, notify the Board in writing of a failure of administrative process which has prevented an ex-gratia uplift payment from being paid or that has resulted in the incorrect calculation of the amount of an ex-gratia uplift payment. (4) Where a retired participant notifies the Board under paragraph (3) after three months of the commencement of these Regulations, and there has been an administrative failure as notified, the ex-gratia uplift payment is due and payable only from the 1st day of the month immediately following notification from the retired participant. Publication in consolidated and revised form authorised by the Cabinet this 28th day of January, 2026. Kim Bullings Clerk of the Cabinet

Table of Legislation History: SL # Act/Law # Legislation Commencement Gazette 20/2025 (Amendment) Regulations, 2025 27-Feb-2025 LG17/2025/s7

Regulations (2025 Revision) 13-Feb-2025 LG14/2025/s4 31/2023

(Amendment) Regulations, 2023 7-Dec-2023 LG39/2023/s1

Regulations (2020 Revision) 16-Jan-2020 LG6/2020/s6 49/2019

(Amendment) Regulations, 2019 18-Dec-2019 LG46/2019/s2 23/2018

Regulations, 2018 1-Jun-2018 G13/2018/s1

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