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Fiji Legislation |
LAWS OF FIJI
Ed. 1978]
CHAPTER 80
WIDOWS AND ORPHANS PENSIONS
ARRANGEMENT OF SECTIONS
SECTION
1.
Short title.
2.
Interpretation.
3. Who shall become
contributors.
4. Who shall not be
contributors.
5. Rates of
contribution.
6. Salary only to
determine rates of contribution.
7.
Period and manner of contribution.
8.
Contributions payable into
Treasury.
9. Registers of contributors
to be kept.
10. Information to be
furnished by contributors.
11. Penalty
for non-compliance.
12. Pensions to
beneficiaries.
13. Right of Minister
to authorise further allowances.
14.
Pension to widow.
15. Pensions to
children.
16. Adopted
children.
17. Step children and
legitimated children.
18. Who not
entitled to pension.
19. Pension when
to commence and how payable.
20.
Allowance in lieu of pension to widow on
bankruptcy.
21. Pension not to be
assigned or levied upon.
22. Payment
of pension to persons acting on behalf of minors of
desertion.
23. Discretion as to
payment of minors' pensions.
24. Proof
of title may be required before payment of
pension.
25. Increases of
contributions.
26. Contributions may
continue in full if salary
reduced.
27. Refund of contributions
to bachelor and widower without children of pensionable
age.
28. Contributor leaving service
married or widower with pensionable
children.
29. Option to discontinue
contributions.
30. Periodical revision
of pension tables.
31. Questions and
disputes to be decided by the
Minister.
32.
Regulations.
----------------------------------------------
Ordinances
Nos. 8 of 1914, 6 of 1925, 43 of 1930, 18 of
1931,
21 of 1934,
17 of 1938, 10 of 1942, 3 of 1943, 22 of 1946, 11 of
1951,
9 of 1955, 3
of 1956, 26 of 1956, 27 of 1960, 37 of 1966, 61 of
1968,
23 of
1970.
Act No. 3 of
1977.
AN ACT
TO MAKE PROVISION FOR GRANTING PENSIONS TO WIDOWS AND CHILDREN OF DECEASED
PUBLIC OFFICERS
[1st October, 1914.]
Short title
1. This Act may be cited
as the Widows and Orphans Pension Act.
Interpretation
2.-(1) In this Act, unless
the context otherwise requires-
"appointed" includes appointed on probation-
"approved scheme" means a scheme or fund for the granting of pensions to the widows and children of officers in the public service, which has been declared by the Secretary of State with the approval of the Minister, to be an approved scheme for the purpose of this Act;
(Inserted by 3 of 1943, s. 2.)
"beneficiary" means-
(a) the widow of a contributor;
(b) the children of a contributor by his marriage with any wife dying in his life-time who are alive and of pensionable age at the death of their father;
"Chief Accountant" means the Chief Accountant in the Ministry of Finance;
"contributor" includes a person all of whose contributions are fully paid;
"month" and "monthly" refer to calendar months;
"other public service" means public service not under the Government of Fiji;
"pensionable post" includes cadetship;
"pensionable age" as applied to children means, in the case of a male, that he is under the age of eighteen years, and in the case of a female, that she is under the age of twenty-one years and has not been married.
A child shall be deemed to cease to be of a pensionable age if a male on attaining the age of eighteen years or dying under that age and if a female on attaining the age of twenty-one years or dying or marrying under that age;
"public service" means-
(a) service in a civil capacity under the Government of Fiji or any other country or territory in the Commonwealth;
(b) service under the East Africa High Commission, the East African Railways and Harbours Administration, the East African Posts and Telecommunications Administration or East African Common Services Organisation;
(c) service which is pensionable-
(i) under the Oversea Superannuation Scheme;
(ii) under any Acts relating to the superannuation of teachers in the United Kingdom;
(iii) under a local authority in the United Kingdom or in Fiji; or
(iv) under the National Health Service of the United Kingdom;
(d) any other service that the Minister or the Secretary of State has determined to be public service for the purposes of this Act; and
(e) service in respect of which a pension may be granted under the Governors' Pensions Act, 1957 of the United Kingdom;
(f) service as the holder of the office of President, Vice-President, Justice of Appeal, Registrar, officer or servant of the Court of Appeal for Eastern Africa established by the Eastern Africa Court of Appeal Order in Council, 1961;
(g) service in the service of the Interim Commissioner for the West Indies;
(Substituted by 44 of 1961, s. 2, and amended by 53 of 1962, s. 2.)
"Secretary of State" means one of Her Majesty's Principal Secretaries of State;
"this Government" means the Government of Fiji;
"Western Pacific Service" means the service of the Government of either the Gilbert and Ellice Islands Colony or the Protectorate of the Solomon Islands, which Governments are hereinafter referred to as the Western Pacific Governments.
(Subsection amended by 11 of 1951, s. 2.)
(2)
When the marriage of any contributor has been annulled or dissolved by the
decree of any competent court, the wife party to such
marriage shall for all
purposes of this Act be deemed to have died and the contributor to have become a
widower at the date of such
decree.
Who shall become contributors
3.-(1) Subject to the
provisions of subsection (4) and with the exceptions mentioned in section 4,
every officer appointed to a pensionable
post in the service of Fiji or of
either of the Western Pacific Governments after the commencement of this Act
shall if appointed
to Fiji and may if appointed to either of the Western Pacific
Governments become a contributor under the provisions of this Act from
the date
on which he commences to draw any of the salary of the
post.
(2) Subject as aforesaid and
with the same exceptions every officer appointed to a pensionable post in the
service of Fiji or of either
of the Western Pacific Governments before the
commencement of this Act may within twelve months after such commencement by
written
notice to the Permanent Secretary to the Ministry, elect to become a
contributor and if he so elects he shall contribute as from
the first day of the
month next after that in which his notice was received by such Permanent
Secretary.
(3) Subject as
aforesaid any contributor who is transferred to or from the service of Fiji from
or to that of one of the Western Pacific
Governments shall in the first case and
may in the second case remain a contributor and continue to contribute under the
provisions
of this Act.
(4)
Officers in the service of either of the Western Pacific governments shall only
be entitled to become and shall only remain contributors
so long as the
Government of such Colony or Protectorate shall continue to contribute such sums
as the Secretary of State with the
approval of the Minister, may determine
towards the carrying out of the Pension Scheme in accordance with this Act, but
subject to
this condition any such officer becoming a contributor shall, on
complying with and subject to the provisions of this Act, be entitled
to rank
for benefit under this Act, in respect of his contributions actually made
thereunder.
(5) Notwithstanding
the foregoing provisions of this section every officer in the service of Fiji
who is a non-pensionable employee
within the meaning of the Government Employees
Provident Fund Ordinance shall become a contributor under the provisions of this
Act
from the first day of January, 1938, or from the date on which he becomes a
non-pensionable employee as aforesaid, whichever date
is the
later.
(Inserted
by 17 of 1938, s. 2.) (Cap. 53, 1955 Edition)
Who shall not be contributors
4.-(1) The following shall
not be eligible to be contributors:-
(a) the Governor-General of Fiji and his private secretaries and the High Commissioner for the Western Pacific, if not contributors before they held these positions;
(b) officers, non-commissioned officers and men on the active list of the Navy or of the Regular Army temporarily employed by the Fiji or Western Pacific Governments in either a military or a civil capacity;
(c) natives of Fiji except with the special permission of the Minister;
(d) females;
(e) any officer the maximum of whose scale of salary (or whose actual salary if he is not on an incremental scale) is one hundred and twenty dollars or less than one hundred and twenty dollars a year;
(Amended by 21 of 1934, s. 2.)
(f) any officer who, though holding a pensionable post, has been appointed thereto on a non-pensionable basis;
(Inserted by 43 of 1930, s. 2.)
(g) persons holding any of the offices specified in the First or Second Schedule to the Pensions and Gratuities (Disciplined Services) Act;
(Substituted by 37 of 1966, s. 23.)
(h) persons appointed to the service of Fiji or the Western Pacific Service after the commencement* of the Widows and Orphans Pension (Amendment) Ordinance, 1970. (No. 23 of 1970.)
(Inserted by 23 of 1970, s. 2.)
* 4th September, 1970.
Who shall not become contributors
(2) Persons who have
attained their fifty-fourth birthday shall not be eligible to become
contributors.
(3) (a) If the Chief Accountant is satisfied that an officer who is required by this Act to become a contributor is a contributor under an approved scheme, the Chief Accountant may, on the application of such officer, direct that he shall, so long as he continues to be a contributor under such approved scheme, be exempt from contributing; and so long as the exemption remains in force and the officer continues to be a contributor under such scheme, he shall not contribute under this Act.
(b) No application for exemption under this subsection shall be valid unless it is made in writing and reaches the Chief Accountant not later than three months after the date from which the officer commences to draw salary from the funds of Fiji or such later date as the Minister may in any special case determine.
(Subsection substituted by 3 of 1943, s. 3.)
Rates of Contribution
5.-(1) The rates of
contribution with effect from the 13th day of January, 1969, shall be as
follows:-
An officer whose salary
exceeds the amount given in any line of the first column below but does not
exceed that in the corresponding
line of the second column shall contribute at
the annual rate given in the corresponding line of the third
column:-
Column 1
|
Column 2
|
Column 3
|
400
|
500
|
20
|
500
|
600
|
24
|
600
|
800
|
32
|
800
|
1,000
|
40
|
1,000
|
1,200
|
48
|
and so on, the annual
contribution increasing by $8 for each step of $200 in the salary
scale.
(Substituted
by 23 of 1970, s. 3.)
(2) For the
purpose of calculating a pension payable under this Act a notional Government
contribution amounting to 621/2 per cent
of the contributions made under the
provisions of subsection (1) after the 30th day of June, 1964, shall be added to
such latter
contribution.
(Inserted
by 23 of 1970, s. 3.)
(3) A
contributor who before the date of his first payment of contribution under this
Act or within three months after marrying shall,
by written notice to the Chief
Accountant, so elect to make an additional annual contribution either at the
rate of one-half of the
amount specified in the line in column 3 above which is
applicable to him
at the date of notification or at the rate
of one-half of the amount so specified which is applicable to him from time to
time.
(4) A contributor who has
not so elected before the date of his first contribution or within three months
after marrying may be permitted
so to elect at any time during his contribution
term subject to the approval of the *Minister after the examination of the
contributor
by a Government medical
board.
* Delegated
to Permanent Secretary for Finance and Deputy Secretary for Finance by Notice
19th January, 1978.
Additional contribution
(5) If a contributor
elects to make an additional annual contribution he shall make it as from the
date on which he first became a
contributor or as from the first day of the
month next after that in which his notice was received by the Chief Accountant
or as
from the first day of the month next after that in which the Minister's
approval was given to his subsequent election as the case
may
be.
(6) A contributor who at the
time of his appointment or re-appointment to either the Fiji or Western Pacific
Service is already making
an additional annual contribution under the scheme
shall (unless he elects at any time under the provisions of subsection (1) of
section 7 to discontinue such additional contribution) continue to pay it as an
additional annual contribution under this Act, and
an officer who has ceased to
contribute under the scheme may, on being re-appointed to either the Fiji or
Western Pacific Service,
elect to make an additional annual contribution at the
rate then applicable to him, or, if he so elects, at the rate applicable to
him
from time to time. No officer shall be allowed to make more than one additional
annual contribution under the scheme at the same
time.
(7) No officer shall be
required to contribute at a higher rate than one hundred and twenty dollars per
annum.
Salary only to determine rates of contribution
6. For the purpose of
fixing the rate of contribution no regard shall be had to any personal duty or
acting allowance nor to any other
receipts, emoluments or advantages of any kind
which the officer may receive or enjoy, but the contribution shall be assessed
with
regard only to the amount of the salary of the definite post held by the
officer without previous deduction of the amount of his
contributions: Provided
that the amount of any pay differential payable to an expatriate officer in the
Western Pacific Service in
respect of any such service subsequent to the 1st day
of January, 1954 (whether or not such officer is still in such service at the
commencement of this Act) shall be deemed for the purpose of this Act to be and
always to have been part of the salary of the post
held by such
officer.
(Proviso
inserted by 26 of 1956, s. 2.)
Period and manner of contribution
7.-(1) All contributions
shall be payable in monthly instalments for an exact number of years, the period
of payment terminating on
or after the fifty-fourth and before the fifty-fifth
birthday of the
contributor:
Provided that a
contributor who is making an additional annual contribution may elect to
discontinue such contribution at any
time.
(2) The Crown Agents shall
deduct the contributions from the salaries or pensions of contributors when they
are on leave or when their
salaries or pensions are paid in whole or in part
through the Crown Agents. When a contributor's salary or pension is not paid
through
the Crown Agents, his contributions shall be deducted from his salary or
pension by this Government.
If a
contributor is on leave on half-salary or under interdiction or on leave without
salary, he shall still be liable to contribute
at the ordinary rate. In the
last-mentioned case if the contributor does not himself pay to the Government or
to the Crown Agents
his contributions during the period when he was on leave
without salary, the amount of his contributions in arrear shall be deducted
from
the first payment of salary subsequent to such leave.
Contributions payable into Consolidated Fund
8. All contributions shall
be paid into or credited to the Consolidated Fund.
Registers of contributors to be kept
9. Registers shall be kept
by this Government in which shall be entered the date of the birth of every
contributor and, if he be married,
the dates of the births of his wife and
children (if any), particulars of his contributions and all other dates and
particulars respecting
contributors and their families material to be recorded
for the purposes of this Act.
Information to be furnished by contributors
10.-(1) Every contributor
shall, within three months of his becoming a contributor, notify to the Chief
Accountant in writing-
(a) the date of his birth; and
(b) if he is a married man, the dates of his marriage and the births of his wife and children (if any).
(2)
Every contributor who marries while a contributor shall, within three months
after his marriage, notify the same to the Chief
Accountant in writing and state
the date of the birth of his
wife.
(3) Every contributor shall
notify to the Chief Accountant in writing within three months from the date of
the event-
(a) the birth of any child born to him or the adoption of any child by him;
(b) the marriage of any female child under the age of twenty-one;
(c) the death of his wife and the death or adoption of any of his children of a pensionable age.
Information to be furnished by widows
(4) After the death of any
married contributor the widow of such contributor shall notify to the Chief
Accountant in writing within
three months from the date of the
event-
(a) the date of the death of the contributor if he was not at the time in the Fiji or Western Pacific Service;
(b) the birth of any posthumous child born to such contributor;
(c) the marriage of any female child of such contributor under the age of twenty-one years;
(d) the death or adoption of any child of such contributor while of a pensionable age.
Proof of statements
(5) Any such statement or
notice shall be proved by the production of birth, death or marriage
certificates or by affidavit or otherwise
to the satisfaction of the Chief
Accountant.
(Section
amended by 27 of 1960, s. 2.)
Penalty for non-compliance
11.-(1) A contributor or
widow who fails or neglects to comply with any of the requirements of section 10
shall for each default pay
a fine not exceeding $4 dollars which may be deducted
from his or her salary or pension (as the case may be).
Penalty for false statement
(2) A contributor or widow
who wilfully makes any false statement respecting any of the particulars
required by this Act to be furnished
shall be liable to forfeit at the
discretion of the Minister all or any part of his or her rights under this
Act.
Pensions to beneficiaries
12. Subject to the
provisions of this Act-
(a) on the death of a contributor leaving one or more beneficiaries, such beneficiary or each of such beneficiaries shall receive a pension calculated according to the pension tables and instructions contained in the First and Second Schedules, respectively;
Pensions where more than one beneficiary
(b) if pensions are payable to more than one beneficiary, each beneficiary shall receive such a proportion of the pension which it would have received if it had been the only beneficiary as unity bears to the total number of beneficiaries;
Effect of lapse of pension on pensions of remaining beneficiaries
(c) where there are more beneficiaries than one receiving pensions in respect of the same contributor and any of such beneficiaries ceases to exist within the meaning of this Act the beneficiary or beneficiaries if more than one remaining in existence shall receive or each of them shall, as from the date of such cessation, receive the pension it would have received if it and the other beneficiary or beneficiaries (if any) remaining in existence had been the only beneficiary or beneficiaries in existence at the death of such contributor.
Right of Minister to authorise further allowances
13. Notwithstanding the
provisions of section 12 the Minister may pay to a widow or other beneficiary
such further allowances as he
may deem fit and all payments of such allowances
made prior to the commencement of the Widows and Orphans Pension (Amendment)
Act,
1977, are hereby
validated:
Provided that such
further allowances shall not form part of a beneficiary's pension entitlement as
specified in the First and Second
Schedules and may be withdrawn or varied at
such time as the Minister may
decide.
(Inserted
by 3 of 1977)
Pension to widow
14.-(1) Where a
beneficiary consists of the widow of a contributor, the pension payable to such
beneficiary shall, subject to any
deductions in respect of partial forfeitures
under subsection (2) of section 11, be paid to her and shall cease on her death,
bankruptcy
or remarriage or on the forfeiture of the whole of such pension in
accordance with the provisions of that subsection.
Lapse of widow's pension
(2) If on such pension
ceasing as aforesaid there are no children of the marriage of such widow with
the contributor living and of
pensionable age, such beneficiary shall be deemed
to cease to exist and the pension payable to it shall lapse.
Pension to children on lapse of widow's pension
(3) If on such pension
ceasing as aforesaid there are such children living and of pensionable age, such
pension shall be continued
and paid to such children as hereinafter provided and
such children shall be deemed to constitute a beneficiary within the meaning
of
this Act.
Pensions to children
15. Where a beneficiary
consists of children of a contributor, the pension payable to such beneficiary
shall be at the same rate as
the pension which their mother received or would
have received if she had been alive and entitled to a pension and shall be paid
to such children in equal shares while they remain of pensionable age. When any
of such children ceases to be of pensionable age,
his or her share of such
pension shall be paid to the surviving children of pensionable age in equal
shares and when the last surviving
child of pensionable age ceases to be of
pensionable age such beneficiary shall be deemed to cease to exist and the
pension payable
to it shall lapse.
Adopted children
16.-(1) A child adopted by
a contributor while he is married to any wife shall, for the purposes of this
Act, be deemed to be the
child of the contributor by that marriage
if-
(a) the contributor adopted the child before he retired from the public service;
(b) the contributor was under the age of sixty at the time of the adoption; and
(c) the adoption was in accordance with the law of the place where the ' contributor was resident at the time of the adoption.
(2)
The child of a contributor who is adopted by any other person-
(a) in the lifetime of the contributor, or while a pension is being paid under this Act, to the mother of that child, shall be deemed, for the purposes of this Act, to have died at the date of the adoption;
(b) after the death of the contributor shall, if he is being paid a pension or a share of a pension under this Act, continue to be paid such pension or such share.
(3)
Nothing in this section shall entitle an adopted child to be paid a pension or a
share in any pension where the payment to him
of such pension or such share
would diminish the pension or the share of any pension immediately payable or
being paid on the 13th
day of June, 1956, to the widow or to any child or
children by marriage of the
contributor.
(Section
inserted by 3 of 1956, s. 3, and amended by 27 of 1960, s. 3.)
Step children and legitimated children
17.-(1) The step child of
a contributor by his marriage with any wife or the step child of that wife
shall, for the purposes of this
Act be deemed to be the child of the contributor
by his marriage with that wife if-
(a) the step child is wholly or mainly dependent on the contributor;
(b) the contributor so elects by notice in writing to the chief Accountant or to the Crown Agents given within twelve months of his marriage with that wife or within such longer period as the Minister may permit.
(2)
A child who shall have been legitimated by marriage according to the law of the
country of the father's domicile at the date of
the marriage shall, for the
purposes of this Act, be deemed to be a child of that
marriage.
(Section
inserted by 27 of 1960, s. 4.)
Who not entitled to pension
18.-(1) No widow of a
contributor whose marriage with him is contracted after he has left the public
service or has attained the age
of sixty and no issue of such marriage shall
constitute a beneficiary for the purpose of this Act or become entitled to a
pension
under this
Act.
(Substituted
by 3 of 1956, s. 4.)
(2) No widow
of a contributor whose husband dies within twelve calendar months of the
marriage without issue of such marriage born
in his lifetime or in due time
after his death shall be capable of constituting a beneficiary or become
entitled to any pension under
this
Act:
Provided that the Government
may authorise the grant to such widow of all or any part of the pension to which
she would have been
entitled but for the provisions of this
subsection.
Pension when to commence and how payable
19. All pensions payable
under this Act shall commence upon the death of the contributor in respect of
whom they are payable, shall
accrue daily and shall be payable
monthly:
Provided that a pension
may be payable quarterly instead of monthly if the pensioner so
desires.
Allowance in lieu of pension to widow on bankruptcy
20. If a widow's pension
ceases in her lifetime by reason of her bankruptcy and there are no children of
hers to whom such pension
can be continued in accordance with subsection (3) of
section 14, the *Minister may authorise the payment to such widow from time
to
time during the remainder of her life or during such shorter period of periods,
either continuous or discontinuous, as shall be
thought fit, of an allowance at
a rate not exceeding the rate of such pension, or may authorise the application
of the same for the
maintenance and personal support or benefit of such widow in
such manner as he may from time to time think proper.
Pension not to be assigned or levied upon
21. No pension payable
under this Act and no rights of any contributor acquired thereunder shall be
assignable or transferable or
liable to be attached, sequestered or levied upon
for or in respect of any debt or claim whatsoever.
Payment of pension to persons acting on behalf of minors in case of desertion
22. If the widow of a
contributor while in receipt of a pension ceases to assist, deserts or abandons
a child of hers by the contributor
whom she is bound by law to maintain and who
is of a pensionable age, the *Minister may, in his discretion, authorise payment
to
a fit and proper person on behalf of such child of such portion of the
pension as he may think fit and the widow shall have no further
claim in respect
of such portion.
*
Delegated to Permanent Secretary for Finance and Deputy Secretary for Finance by
Notice, 19th January, 1978.
Discretion as to payment of minors' pensions
23. In all cases where
under this Act the parties entitled to pensions are minors, such pensions may be
paid either to the legal guardian
or guardians of such minors or to such minors
or to such person or persons as the *Minister may in his absolute discretion
think
fit and proper persons to apply the same for the benefit of such minors
and, after such payment, this Government shall be free from
all responsibility
in respect of such
payment.
*
Delegated to Permanent Secretary for Finance and Deputy Secretary for Finance by
Notice, 19th January, 1978.
Proof of title may be required before payment of pension
24. The Government may
require such proof as it deems desirable that any person claiming to be entitled
to pension or on behalf of
whom such claim is made is alive and entitled to
pension and the payment of any pension may be refused until such proof is
furnished
to the satisfaction of the Government.
Increases of contributions
25. Increases of
contributions shall rank as if they were fresh entrances at the respective ages
of husband and wife when the increase
takes place.
Contributions may continue in full if salary reduced
26. If the salary of a
contributor be reduced so that he comes under a lower scale of contribution
under section 5 he may, upon giving
notice in writing to the Chief Accountant of
his desire to do so, continue to contribute at the rate formerly paid, in which
case
his widow or children shall be entitled to pension accordingly, but, if his
rate of contribution be reduced, any pension to his widow
or children shall be
reduced in the same proportion as it would have been increased had his rate of
contribution been raised instead
of lowered.
Refund of contributions to bachelor and widower without children of pensionable age
27.-(1) If a contributor
being-
(a) a bachelor; or
(b) a widower without children of pensionable age, leaves or dies while in the Fiji or Western Pacific Service there shall be payable to him or his personal representative as the case may be-
(i) if such contributor is a bachelor, the total amount of his contributions (without interest); and
(ii) if such contributor is a widower without children of a pensionable age, the total amount (without interest) of contributions which he has paid since the death of his last wife or the ceasing to be of pensionable age of his last child, whichever event shall have last happened:
Provided
that if any such contributor who leaves the Fiji or Western Pacific Service is
transferred to other public service, he may,
at his option exercisable within
three months after he ceases to draw salary from the Fiji or Western Pacific
Governments, or such
later date as the Minister may in any special case
determine, elect not to receive a refund as hereinbefore provided, but to
continue
to contribute at the rate at which he was contributing immediately
before he left the Fiji or Western Pacific
Service.
(Amended
by 22 of 1946, s. 2, and 11 of 1951, s.
3.)
(2) Such contributor may at
any time thereafter cease to continue his contributions and in the event of his
so ceasing to contribute-
(a) if he is then married or is a widower with children of a pensionable age, any pension payable on his death shall be reduced so as to correspond with the payments he has made; and
(b) in any other case this section shall apply as if he had left the Fiji or Western Pacific Service at the date on which he so ceased to contribute.
(Section substituted by 10 of 1942, s. 2.)
Contributor leaving service married or widower with pensionable children
28. If a contributor who
is married or who is a widower with children of a pensionable age retires from
the Fiji or Western Pacific
Service on pension or is transferred to other public
service or otherwise leaves the Fiji or Western Pacific Service before his
contribution
term has expired he may, within three months after he has retired,
been transferred or left the Fiji or Western Pacific Service as
aforesaid,
elect, unless dismissal from such Service for misconduct, to continue to
contribute at the rate at which he was contributing
immediately before he so
left the Fiji or Western Pacific Service in which case, if he is a pensioner,
his contribution shall be
deducted from his pension. Or he may on or at any time
after so leaving the Fiji or Western Pacific Service, and in the case of a
contributor dismissed for misconduct shall thereupon cease to contribute. If he
so ceases to contribute any pension payable on his
death shall be reduced so as
to correspond with the payments he has made or if in the
meantime-
(a) in the case of a married contributor his wife has died and his children (if any) have ceased to be of a pensionable age; or
(b) in the case of a widower his children have ceased to be of a pensionable age,
he
shall cease to rank for benefit under this Act whether by way of pension or
return of
contributions.
(Substituted
by 6 of 1925, s. 4, and amended by 11 of 1951, s. 3, 3 of 1956, s. 5. and 61 of
1968 s. 3.)
Option to discontinue contributions
29. Any contributor may,
within six months of the commencement* of the Widows and Orphans Pension
(Amendment) Ordinance, 1970, exercise
an option to discontinue contributions
with effect from the first day of January, 1971 in which case-
(a) if he is a bachelor, there shall be payable to him or in the event of his death, to his personal representative, the total amount of his contributions (without interest); or
(b) if he is married or a widower with children of pensionable age, any pension payable on his death shall be reduced so as to correspond with the payments he has made.
(Inserted by 23 of 1970 s. 4.)
* 4th September, 1970.
Periodical revision of pension tables
30. The pension tables may
be revised from time to time after investigation by an actuary appointed by the
Minister. Such investigations
shall take place at such dates as the Minister may
from time to time determine being not less than ten years from the date when the
scheme first came into operation or from the date of the last investigation. If
after such an investigation it is decided by the
Minister that revised pension
tables shall be adopted, the new pension tables as approved by the actuary shall
be substituted for
the tables previously in force and shall come into force on a
date which shall be previously notified in the Gazette and shall apply
to any
pensions payable in respect of a contributor dying on or after that date but not
to any pension payable in respect of a contributor
dying before that
date.
Questions and disputes to be decided by the Minister
31. All questions and
disputes as to who is entitled to be deemed a contributor or as to the right of
a widow or child to a pension
or as to the amount of such pension or as to the
rights or liabilities of any person under this Act shall be referred to the
Minister
whose decision shall be binding and conclusive on all parties and shall
be final to all intents and purposes and shall not be subject
to appeal or to be
questioned or revised by any court of justice.
Regulations
32. It shall be lawful for
the Minister from time to time to frame regulations not inconsistent herewith
for the proper carrying out
of the provisions of this Act.
*FIRST
SCHEDULE-APPENDIX
A
* Substituted by
23 of 1970
PENSION TABLES
Table A-The yearly
pension, payable by monthly instalments, which a single payment of 1 will
secure.
Table B-The yearly
pension, payable by monthly instalments, which a yearly contribution of 1,
payable by monthly instalments, will
secure.
Table C-The single payment
which will secure a yearly pension of 1, payable by monthly
instalments.
TABLE A
YEARLY
PENSION, PAYABLE BY MONTHLY INSTALMENTS, WHICH A SINGLE PAYMENT OF 1 WILL
SECURE
|
|||||||||
|
|
|
|
|
|
||||
Age of
Husband last birthday
|
|
Age
of Wife last Birthday
|
|
||||||
20
|
25
|
30
|
35
|
40
|
45
|
50,
55
|
60
|
65
|
|
20
|
-549
|
-615
|
-709
|
-831
|
-986
|
|
|
|
|
21
|
-523
|
-586
|
-676
|
-793
|
-945
|
|
|
|
|
22
|
-498
|
-557
|
-643
|
-756
|
-903
|
|
|
|
|
23
|
-474
|
-530
|
-611
|
-719
|
-861
|
|
|
|
|
24
|
-451
|
-503
|
-580
|
-683
|
-820
|
|
|
|
|
25
|
-429
|
-478
|
-550
|
-648
|
-779
|
-951
|
|
|
|
26
|
-409
|
-454
|
-522
|
-615
|
-740
|
-905
|
|
|
|
27
|
-389
|
-431
|
-494
|
-582
|
-701
|
-860
|
|
|
|
28
|
-370
|
-409
|
-468
|
-551
|
-664
|
-815
|
|
|
|
29
|
-353
|
-389
|
-443
|
-521
|
-628
|
-772
|
|
|
|
30
|
-336
|
-369
|
-420
|
-492
|
-593
|
-730
|
-916
|
|
|
31
|
-320
|
-351
|
-398
|
-465
|
-559
|
-689
|
-866
|
|
|
32
|
-306
|
-333
|
-376
|
-439
|
-527
|
-649
|
-818
|
|
|
33
|
-292
|
-317
|
-357
|
-414
|
-496
|
-611
|
-771
|
|
|
34
|
-278
|
-301
|
-338
|
-391
|
-468
|
-575
|
-726
|
|
|
35
|
266
|
287
|
-320
|
369
|
.440
|
-541
|
-683
|
-883
|
|
|
36
|
254
|
273
|
304
|
-349
|
-415
|
-509
|
-642
|
-831
|
|
|
37
|
243
|
260
|
288
|
330
|
391
|
-478
|
-603
|
-782
|
|
|
38
|
233
|
248
|
273
|
-312
|
-368
|
-449
|
-566
|
-734
|
|
|
39
|
223
|
236
|
260
|
295
|
347
|
-422
|
-530
|
-688
|
|
|
40
|
214
|
226
|
-247
|
279
|
327
|
396
|
-497
|
-644
|
-860
|
|
41
|
205
|
215
|
235
|
264
|
308
|
-372
|
-465
|
-603
|
-805
|
|
42
|
-197
|
206
|
223
|
250
|
290
|
-349
|
-435
|
-563
|
-752
|
|
43
|
-189
|
-197
|
213
|
237
|
274
|
-328
|
-408
|
-526
|
-703
|
|
44
|
-182
|
-189
|
203
|
225
|
259
|
308
|
382
|
-492
|
-657
|
|
45
|
.175
|
-181
|
-193
|
214
|
245
|
290
|
358
|
-460
|
-615
|
-847
|
46
|
-169
|
-174
|
-185
|
203
|
232
|
274
|
-336
|
-431
|
-575
|
-794
|
47
|
-163
|
.167
|
-177
|
-194
|
220
|
258
|
316
|
-404
|
-538
|
-744
|
48
|
.158
|
-160
|
-169
|
-185
|
208
|
244
|
297
|
379
|
-504
|
-698
|
49
|
-153
|
-154
|
-162
|
-176
|
-198
|
231
|
280
|
356
|
-473
|
-655
|
50
|
-148
|
-149
|
-156
|
-169
|
-189
|
219
|
265
|
335
|
.444
|
-616
|
51
|
-143
|
-144
|
-150
|
-162
|
.180
|
208
|
250
|
-315
|
-417
|
-579
|
52
|
-139
|
-139
|
-144
|
-155
|
-172
|
-198
|
237
|
298
|
-393
|
-546
|
53
|
-135
|
.134
|
-139
|
-149
|
.164
|
-188
|
225
|
281
|
371
|
-515
|
54
|
-132
|
-130
|
-134
|
-143
|
.157
|
-180
|
214
|
266
|
-350
|
-486
|
|
|
|
|
|
|
|
|
|
|
|
TABLE B
THE
YEARLY PENSION, PAYABLE BY MONTHLY INSTALMENTS, WHICH A YEARLY
|
||||||||||
CONTRIBUTION
OF 1, PAYABLE BY MONTHLY INSTALMENTS, WILL SECURE
|
||||||||||
Age of
Husband
Last Birthday |
|
Age
of Wife last Birthday
|
|
|
||||||
20
|
25
|
30
|
35
|
40
|
45
|
50
55
|
60
65
|
|||
|
|
|
|
|
|
|
|
|
||
20
|
1009
|
1131
|
1303
|
1528
|
1812
|
|
|
|
||
21
|
948
|
1063
|
1225
|
1439
|
1713
|
|
|
|
||
22
|
890
|
997
|
1150
|
1353
|
1615
|
|
|
|
||
23
|
8.35
|
933
|
1076
|
1268
|
1518
|
|
|
|
||
24
|
782
|
873
|
1005
|
1185
|
1422
|
|
|
|
||
25
|
732
|
815
|
938
|
1106
|
1329
|
1621
|
|
|
||
26
|
684
|
760
|
874
|
1030
|
1240
|
1516
|
|
|
||
27
|
639
|
708
|
812
|
957
|
1152
|
1413
|
|
|
||
28
|
597
|
659
|
754
|
887
|
1069
|
1313
|
|
|
||
29
|
556
|
613
|
699
|
821
|
989
|
1217
|
|
|
||
30
|
518
|
568
|
647
|
758
|
913
|
1124
|
1410
|
|
||
31
|
481
|
527
|
597
|
698
|
8.40
|
1035
|
1301
|
|
||
32
|
447
|
487
|
551
|
642
|
771
|
950
|
1197
|
|
||
33
|
415
|
450
|
507
|
589
|
706
|
869
|
1096
|
|
||
34
|
3-84
|
4-15
|
4-66
|
5-39
|
6-45
|
7-94
|
10-01
|
|
||
35
|
3-55
|
3-82
|
4-27
|
4-93
|
5-88
|
7-22
|
9-12
|
11-79
|
|
|
36
|
3-28
|
3-51
|
3-91
|
4-50
|
5-34
|
6-55
|
8-27
|
10-71
|
|
|
37
|
3-01
|
3-22
|
3-57
|
4-09
|
4-84
|
5-92
|
7-47
|
9-69
|
|
|
38
|
2-77
|
2-95
|
3-25
|
3-71
|
4-37
|
5-34
|
6-72
|
8-72
|
|
|
39
|
2-53
|
2-69
|
2-95
|
3-35
|
3-94
|
4-79
|
6-02
|
7-82
|
|
|
40
|
2-31
|
2-44
|
2-67
|
3-02
|
3-53
|
4-28
|
5-37
|
6-96
|
9-29
|
|
41
|
2-10
|
2-20
|
2-40
|
2-70
|
3-15
|
3-80
|
4-76
|
6-16
|
8-23
|
|
42
|
1-90
|
1-98
|
2-15
|
2-41
|
2-79
|
3-36
|
4-19
|
5-42
|
7-24
|
|
43
|
1-70
|
1-77
|
1-91
|
2-13
|
2-46
|
2-95
|
3-67
|
4-74
|
6-33
|
|
44
|
1-52
|
1-57
|
1-69
|
1-88
|
2-16
|
2-57
|
3-19
|
4-11
|
5-49
|
|
45
|
1-35
|
1-39
|
1-48
|
1-64
|
1-87
|
2-22
|
2-75
|
3-53
|
4-71
|
6-50
|
46
|
1-18
|
1-21
|
1-29
|
1-41
|
1-61
|
1-90
|
2-34
|
3-00
|
4-00
|
5-52
|
47
|
1-02
|
1-04
|
1-10
|
1-20
|
1-36
|
1-60
|
1-96
|
2-51
|
3-34
|
4-62
|
48
|
-86
|
-87
|
-92
|
1-01
|
1-13
|
1-33
|
1-62
|
2-06
|
2-74
|
3-80
|
49
|
-71
|
-72
|
-75
|
-82
|
-92
|
1-07
|
1-30
|
1-65
|
2-19
|
3-04
|
50
|
-56
|
-57
|
-59
|
-64
|
-72
|
-83
|
1-00
|
1-27
|
1-68
|
2-34
|
51
|
-42
|
-42
|
-44
|
-47
|
-52
|
-61
|
-73
|
-92
|
122
|
1-69
|
52
|
-28
|
-28
|
-29
|
-31
|
-34
|
-39
|
-47
|
-59
|
-78
|
1-09
|
53
|
-13
|
-13
|
-14
|
-15
|
-16
|
-19
|
-23
|
-28
|
-37
|
-51
|
TABLE C
THE
SINGLE PAYMENT WHICH WILL SECURE A YEARLY PENSION OF 1, PAYABLE BY MONTHLY
INSTALMENTS
|
||||||||||
|
||||||||||
Age of
Husband
Last Birthday |
|
Age
of Wife last Birthday
|
|
|
||||||
20
|
25
|
30
|
35
|
40
|
45
|
50
|
55
|
60
|
65
|
|
|
|
|
|
|
|
|
|
|
|
|
20
|
1-82
|
1-63
|
1-41
|
1-20
|
1-01
|
|
|
|
||
21
|
1-91
|
1-71
|
1-48
|
1-26
|
1-06
|
|
|
|
||
22
|
2-01
|
1-79
|
1-56
|
1-32
|
1-11
|
|
|
|
||
23
|
2-11
|
1-89
|
1-64
|
1-39
|
1-16
|
|
|
|
||
24
|
2-22
|
1-99
|
1-73
|
1-46
|
1-22
|
|
|
|
||
25
|
2-33
|
2-09
|
1-82
|
1-54
|
1-28
|
1-05
|
|
|
||
26
|
2-45
|
2-20
|
1-92
|
1-63
|
1-35
|
1-10
|
|
|
||
27
|
2-57
|
2-32
|
2-02
|
1-72
|
1-43
|
1-16
|
|
|
||
28
|
2-70
|
2-44
|
2-14
|
1-82
|
1-51
|
1-23
|
|
|
||
29
|
2-83
|
2-57
|
2-25
|
1-92
|
1-59
|
1-29
|
|
|
||
30
|
2-97
|
2-71
|
2-38
|
2-03
|
1-69
|
1-37
|
1-09
|
|
||
31
|
3-12
|
2-85
|
2-52
|
2-15
|
1-79
|
1-45
|
1-15
|
|
||
32
|
3-27
|
3-00
|
2-66
|
2-28
|
1-90
|
1-54
|
1-22
|
|
||
33
|
3-43-
|
3-16
|
2-80
|
2-41
|
2-01
|
1-64
|
1-30
|
|
||
34
|
3-59
|
3-32
|
2-96
|
2-56
|
2-14
|
1-74
|
1-38
|
|
||
3-76
|
3-49
|
3-12
|
2-71
|
2-27
|
1-85
|
1-46
|
1-13
|
|
|
|
3-93
|
3-66
|
3-29
|
2-87
|
2-41
|
1-97
|
1-56
|
1-20
|
|
|
|
4-11
|
3-85
|
3-47
|
3-03
|
2-56
|
2-09
|
1-66
|
1-28
|
|
|
|
4-29
|
4-03
|
3-66
|
3-21
|
2-72
|
2-23
|
1-77
|
1-36
|
|
|
|
4-48
|
4-23
|
3-85
|
3-39
|
2-89
|
2-37
|
1-89
|
1-45
|
|
|
|
4-68
|
4-43
|
4-05
|
3-58
|
3-06
|
2-53
|
2-01
|
1-55
|
1-16
|
|
|
4-87
|
4-64
|
4-26
|
3-79
|
3-25
|
2-69
|
2-15
|
1-66
|
1-24
|
|
|
5-08
|
4-86
|
4-48
|
4-00
|
3-45
|
2-87
|
2-30
|
1-78
|
1-33
|
|
|
528
|
5-08
|
4-70
|
4-22
|
3-65
|
3-05
|
2-45
|
1-90
|
1-42
|
|
|
5-49
|
5-30
|
4-93
|
4-44
|
3-87
|
3-24
|
2-62
|
2-03
|
1-52
|
|
|
5-70
|
5-53
|
5-17
|
4-68
|
4-09
|
3-45
|
2-79
|
2-17
|
1-63
|
1-18
|
|
5-91
|
5-76
|
5-41
|
4-92
|
4-32
|
3-66
|
2-97
|
2-32
|
1-74
|
1-26
|
|
6-12
|
6-00
|
5-65
|
5-16
|
4-56
|
3-87
|
3-16
|
2-48
|
1-86
|
1-34
|
|
6-34
|
6-23
|
5-90
|
5-41
|
4-80
|
4-10
|
3-36
|
2-64
|
1-98
|
1-43
|
|
6-55
|
6-47
|
6-16
|
5-67
|
5-05
|
4-33
|
3-57
|
2-81
|
2-12
|
1-53
|
|
6-76
|
6-71
|
6-41
|
5-93
|
5-30
|
4-57
|
3-78
|
2-99
|
2-25
|
1-62
|
|
6-97
|
6.95
|
6-67
|
6-19
|
5-56
|
4-81
|
4-00
|
3-17
|
2-40
|
1-73
|
|
7.18
|
720
|
6-92
|
6-46
|
5-82
|
5.06
|
422
|
3-36
|
2-54
|
1-83
|
|
7-39
|
7-44
|
7-18
|
6-72
|
6-08
|
5-31
|
4-45
|
3-55
|
2-70
|
1-94
|
|
7-60
|
7-68
|
7-44
|
6-99
|
6-35
|
5-57
|
4-68
|
3-76
|
2-86
|
2-06
|
|
|
|
|
|
|
|
|
|
|
|
|
APPENDIX
B
INSTRUCTIONS FOR
THE USE OF THE TABLES IN APPENDIX A
Note (1)-The registered
pension in respect of every married or widowed officer who ceased to contribute
before 1st July, 1964, shall
continue to be computed on the tables and
instructions in force on 30th June,
1964.
Note (2)-The pension as at
30th June, 1964 ("the original pension") computed on the tables and instructions
in force on 30th June,
1964, and registered in respect of each married or
widowed officer who began to contribute before and was still contributing on
30th
June, 1964, shall be recomputed as follows:-
(i) The original pension shall be divided into two parts-
(a) the part purchased by contributions which fell due on or before 30th June, 1964; and
(b) the part to be purchased by contributions falling due on or after 1st July, 1964.
(ii) Part (b) shall be recomputed by applying to Table B in Appendix A the amount of the contributor's annual contribution as at 1st July, 1964, increased by five-eighths to take account of the notional Government contribution.
(iii) The registered pension at 1st July, 1964, shall be obtained by adding the recomputed Part (b) to Part (a) provided Part (b) so recomputed is greater than Part (b) computed on the existing tables; otherwise the amount of the original pension should be retained. If Part (b) before recomputation is greater than the original pension however the recomputed pension shall be equal to the recomputed Part (b). (For examples see item G of this Appendix.)
Note
(3)-The tables in Appendix A shall apply-
(i) to all pensions registered in respect of officers who began to contribute on or after 1st July, 1964;
(ii) to all pensions registered in respect of officers who were contributing on 1st July, 1964, for the purpose of computing variations when their rates of contribution rise or fall on or after that date;
(iii) to all pensions registered on marriage in respect of bachelors who marry on or after 1st July, 1964, in relation to contributions paid both before and after marriage; and
(iv) to all pensions registered in respect of widowers, for the purpose of computing variations if they remarry on or after 1st July, 1964.
SECOND
SCHEDULE
(Sections 12 and
29)
(Substituted
by 23 of 1970)
INSTRUCTIONS FOR THE USE OF THE TABLES
A.-CONTRIBUTOR
WHO COMMENCED TO CONTRIBUTE WHILE A
BACHELOR
I.-FIRST
WIFE'S PROSPECTIVE PENSION
The
registered pension to be recorded on marriage is found by adding together the
two amounts calculated in accordance with the following
Rules I (a) and I (b)
respectively:-
(a) Pension in
consideration of the contributions paid during
bachelorhood*.
Rule
1(a)-Accumulate the contributions at 4 per cent compound interest, with yearly
rests at each 31st December, and multiply the
result by the quantity found from
Table A corresponding to the respective ages last birthday of the husband and
wife at the date
of marriage.
The
product gives the registered pension on account of the contributions paid during
bachelorhood.
* The contributions
taken into account in the calculations are those calculated in accordance with
section 5 increased by 621/2 per
cent being the notional contribution by
Government as provided in the
Act.
(b) Pension in consideration
of the annual contribution' current at the date of
marriage.
Rule I (b)-Multiply the
amount of the current annual contribution by the quantity found from Table B
corresponding to the respective
ages last birthday of the husband and wife at
the date of marriage.
The product
gives the registered pension on account of the annual contribution current at
the date of
marriage.
Example
Officer
born on .............................. Officer commenced to contribute on
............ Officer married on ...........................
Wife born on
................................ Officer's age last birthday at date of marriage
..... Wife's age last birthday at date
of marriage
.......
31st July, 1940 1st January,
1969 30th June, 1972 12th August, 1946 31
Annual
contribution-1st
January, 1969, to 31st December,
|
$
|
1970........................................................
|
52
|
Annual
contribution-1st
January, 1971, to date of marriage ...
|
65
|
Accumulation of
contributions paid during bachelorhood-
|
|
Contributions from 1st
January, 1969, to 31st December,
|
|
1969..............................................
|
5200
|
Contributions during 1970
.............................
|
5200
|
One year's interest at 4 per
cent on $52 ..................
|
2-08
|
|
10608
|
Contributions during 1971
... : .........................
|
6500
|
One year's interest at 4 per
cent on $10608 ..............
|
4-24
|
|
17532
|
Contributions from 1st
January, 1972, to 30th June, 1972 ...
|
3250
|
Half-year's interest at 4
per cent on $17532 ..............
|
3-51
|
Total accumulation
...........................
|
21133
|
Quantity found from Table
A:-
Husband...
................................... 311 Wife
.......................................... 25J $21133 x -351 =$74-18 =
registered
pension in consideration of contributions paid during
bachelorhood.-351
Annual contribution
current at date of marriage ............
65-00
Quantity found from Table
B:-
Husband
........................................ 3,
5.27
Wife
........................................... 251
$65 x 5-27 = $34255 =
registered pension in consideration of
|
|
annual contribution current
at marriage.
|
|
Total registered pension
recorded on the bachelor contributor
|
|
marrying:-
|
|
By Rule
I(a)........................................
|
7418
|
By Rule I(b)
........................................
|
34255
|
Total.......................................
|
41673
|
(c) Variations of pensions
consequent on increments to, and decrements from, the current annual
contribution while the contributor
is married to his first
wife.
Rule I (c)-Multiply the
amount of the increment to, or the decrement from the current annual
contribution by the quantity found from
Table B corresponding to the respective
ages last birthday of the husband and wife at the date of the variation of the
contribution.
The product gives
the amount to be added to the registered pension consequent on the increment to
the current annual contribution,
or, as the case may be, the amount to be
deducted from the registered pension consequent on the decrement from the
current annual
contribution.
The
cessation of the contribution from any cause before the completion of the full
period of contribution must be regarded as a decrement
from the current annual
contribution equal to the amount of such current annual contribution. Example of
the application of Rule
I
(c):-
Assume particulars as in the
example subjoined to Rules I (a) and I (b). Annual contribution increased on
31st May, 1977, from $65
to $78. Annual contribution increased on 30th April,
1987, from $78 to $91. Annual contribution ceased on 31st March,
1992.
1977, May 31st-Increment to
current annual contribution, $13 Quantity found from Table
B:-
Husband........................................
36 l 3.91 Wife ...........................................30
J
$13 x 3-91 = $5083 = amount to be
added to the registered pension.
Registered pension at
marriage-see example subjoined to
|
|
Rules I (a) and
(b)...........................................................
|
416-73
|
Add................................................
|
50-83
|
Registered pension at 31st
May, 1977 ...........................
|
46756
|
1987, April 30th-Increment
to current annual contribution
|
|
$13.
|
|
Quantity found from Table
B:-
|
|
Husband........................................
46 l
|
1-61
|
Wife
...........................................40 j
|
|
$13 x 1-61 = $2093 = amount
to be added to the
|
|
registered
pension.
|
|
Registered pension at 31st
May, 1977, as above ...........
|
46756
|
Add................................................
|
2093
|
Registered pension at 30th
April, 1987 ..........................
|
48849
|
1992, March 31st-Cessation
of contribution regarded as a
|
|
decrement from current
annual contribution, $91.
|
|
1 See note applicable to
Rule I (a).
Quantity found from Table
B:-
|
|
Husband........................................
51 l
|
-61
|
Wife
...........................................45 J
|
|
$91 x -61 = $5551 = amount
to be deducted from the
|
|
registered
pension.
|
|
Registered pension at 30th
April, 1987, as above ..........
|
48849
|
Deduct.............................................
|
5551
|
Registered pension at 31st
March, 1992 ..................
|
43298
|
II.-SECOND
AND SUBSEQUENT WIFE'S PROSPECTIVE
PENSION
(a) Variations of pension
consequent on increments to, and decrements from, the current annual
contribution' while the contributor
is a
widower.
Rule II (a) Assume that
the contributor is married to a wife of the age that his last preceding wife
would have been had she survived
to the date of the variation of the
contribution and proceed in accordance with Rule I (c). Example of the
application of Rule II
(a):-
If
the particulars be as in the example subjoined to Rule I (c) except that the
first wife, who was born on 12th August, 1946, died
on 30th November, 1975, it
would be assumed that the contributor was at the date of each of the three
variations of the contribution
married to a wife who was born on the 12th
August, 1946. The calculations will then be identical with those given in the
example
subjoined to Rule I
(c).
(b) Variations of pensions
consequent on the re-marriage of the contributor. If the second, or subsequent,
wife was at the date of
the re-marriage of the same age last birthday as the
last preceding wife would have been had she survived to that date, the
registered
pension remains the
same.
Rule 77 (b)-If the second,
or subsequent, wife was at the date of the re-marriage of a less or greater age
next birthday then the
last preceding wife would have been had she survived to
that date, multiply the amount of the registered pension by the quantity
found
from Table C corresponding to the age last birthday of the husband at the date
of re-marriage, and the age last birthday which
the last preceding wife would
have attained had she survived to that date; multiply the product so obtained by
the quantity found
from Table A corresponding to the respective ages of the
husband and of the second or subsequent wife at the date of the
re-marriage.
The result gives the
registered pension to be recorded on the re-marriage of the
contributor.
Example of the
application of Rule II
(b):-
Assume particulars as in the
example subjoined to Rule I (c).
First
wife died on ........................ 30th November, 1975 Contributor re-married
on ................ 31st January, 1979 Contributor's
age last birthday at date
of re-
marriage
.............................
38
Second wife born on
..................... 30th June, 1948 Second wife's age last birthday at date of
the
re-marriage
........................... 30
See
note applicable to Rule I (a).
Age
last birthday which the first wife would-have attained had she survived to date
of the re-marriage ........................ 32
-
1979, January 31st-The second wife
being of a less age next birthday at the date of the re-marriage than the first
wife would have
been had she survived, the registered pension $46756 (see
example subjoined to Rule I (c)), is to be re-calculated. Quantity found
from
Table
C:-
Husband................................
38~. 3.481 Wife ...................................
321
Quantity found from Table
A:-
Husband
............................... 38
273
Wife
...................................
30}
$46756 x 3-48 x -273 = $444-20 =
registered pension at 31st January, 1979. (c) Variations of pension consequent
on increments to,
and decrements from the current annual contributions while the
contributor is married to his second or subsequent
wife.
Rule II (c)-Proceed as in
Rule I
(c).
B.-CONTRIBUTOR
WHO COMMENCED TO CONTRIBUTE WHILE
MARRIED
III-FIRST
WIFE'S PROSPECTIVE PENSION
In
every case of a public officer who commenced to contribute while married, the
wife at the date of commencement of contributions
is to be considered as the
officer's first wife, and no particulars are to be recorded respecting any
former wife to whom he may
have been married, unless there is issue of such
former wife of a pensionable age (See C.
V.)
(a) Pension in consideration
of the annual contribution2 current at the date of commencement of the
contribution.
Rule III
(a)-Multiply the amount of the current annual contribution by the quantity found
from Table B corresponding to the respective
ages last birthday of the husband
and wife at the date of commencement of the contribution. The product gives the
registered pension
on account of the annual contribution current at the date of
commencement of the
contribution.
Example of the
application of Rule III
(a):-
Officer born on
.......................... 31st July,
1940
Officer married on
....................... 30th June; 1967 Officer commenced to contribute on 1st
January, 1971
Annual contribution
current on 1st January, 1971 .........................
$52
Wife born on
............................ 12th August, 1946 Officer's age last birthday on
1st January,
1971 ....................
.......... 30 Wife's age last birthday on 1st January, 1971
24
1 For calculation see F.
below.
2 See note applicable to Rule I
(a).
28 Widows and Orphans Pensions
Cap. 80 Ed. 1978
Quantity found from
Table B:-
Husband
............................... '01
5-581
Wife
...................................
24}
$52 x 5-58 = $29016 = registered
pension in consideration of annual contribution current at commencement of
contribution.
(b) Variations of
pension consequent on increments to, and decrements from, the current annual
contribution2 while the contributor
is married to his first
wife.
Rule III (b)-Proceed as in
Rule I
(c).
IV-SECOND
AND SUBSEQUENT WIFE'S PROSPECTIVE
PENSION
(a) Variations of pension
consequent on increments to, and decrements from, the current annual
contribution2 while the contributor
is a
widower.
Rule IV (a)-Proceed as in
Rule II (a).
(b) Variations of
pension consequent on the re-marriage of the contributor. Rule IV (b)-Proceed as
in Rule II (b).
(c) Variations of
pension consequent on increments to, and decrements from, the current annual
contribution' while the contributor
is married to his second or subsequent
wife.
Rule IV (c) Proceed as in Rule I
(c).
C.-CONTRIBUTOR
WHO COMMENCED TO CONTRIBUTE WHILE A
WIDOWER
V-PROSPECTIVE
PENSION TO CHILDREN BY HIS FIRST
MARRIAGE
So long as a
contributor's children by his first marriage are eligible for pension, a pension
must be registered on their
behalf.
Rule V-For the purpose of
calculating the registered pension of the children assume that the deceased wife
lived until the date of
commencement of contribution and died immediately
afterwards and proceed in accordance with Rules III (a) and
(b).
VI-SECOND
AND SUBSEQUENT WIFE'S PROSPECTIVE
PENSION
Rule VI-For the purpose of
calculating the registered pension of the wife assume that the deceased wife
survived to the date of commencement
of contribution and died immediately
afterwards; then proceed in accordance with the rules applicable to the case of
officers who
commenced to contribute while married. (See
B.)
D.-CONTRIBUTOR
WITH TWO OR MORE
BENEFICIARIES
Rule VII-Where there
are children eligible for pension by two or more deceased wives or where there
is a wife and also children eligible
for pension by one or more previous
marriages the pension of each beneficiary as found by the above rules must be
divided by the
total number of the beneficiaries then existing in order to find
the registered pension of that
beneficiary.
1 For calculation see
F. below.
2 See note applicable to
Rule I
(a).
E.-TREATMENT
OF VOLUNTARY LUMP SUM
CONTRIBUTIONS
Rule VIII (a)-If the
contributor is a bachelor, the lump sum contribution' should be accumulated as
from the date of payment and treated
in accordance with Rule I
(a).
Rule VIII (b)-If the
contributor is married or a widower, the amount of the lump sum contribution'
should be multiplied by the quantity
found from Table A corresponding to the
respective ages last birthday of the husband and wife at the date of payment of
the contribution.
If the contributor is a widower, assume that the deceased wife
lived until the date of payment of the lump sum contribution and died
immediately afterwards.
1 Not
increased by way of notional Government
contribution.
F.-CALCULATION
OF QUANTITIES (OR TABULAR RESULTS) FOR AGES NOT GIVEN IN THE
TABLES
The wife's age in the
tables is given at quinquennial intervals only. Ages of husbands and wives
younger than the youngest or older
than the eldest given are to be dealt with as
if identical with the youngest and eldest
respectively.
For the intermediate
ages of wives, interpolate by exact fifths.
Example:-
To find the quantity in
Table A corresponding to the ages of a husband and wife aged respectively 35 and
27 last birthday.
The quantity for
ages 35 and 25 given in Table A is -287 The quantity for ages 35 and 30 given in
Table A is -320 so that the addition
of five years to the age of the wife
results in an addition of -033 to the quantity given in the Table for ages 35
and 25.
An addition of two years to
the age of the wife accordingly results by proportion in an addition of
two-fifths of .033 to the quantity
given in the Table for ages 35 and
25.
Two-fifths of .033 = 0-13 which
added to -287 gives -300 which is the required quantity corresponding to ages 35
and 27.
Similarly, the quantity found
from Table B corresponding to the ages of a husband and wife aged respectively
30 and 24 last birthday
is four-fifths of -501 added to 5.18 which gives
5-58.
In the case of Table C, it must
be noted that an addition to the age of the wife results in a deduction from the
quantity given in
the Table.
To find
the quantity in Table C corresponding to the ages of a husband and wife aged
respectively 38 and 32 last
birthday-
The quantity for ages 38 and
30 given in Table is ..................
3-66
The quantity for ages 38 and 35
given in the Table is ............... 3-21 So that the addition of five years to
the age of the wife
results in a deduction of .45 from the quantity given in the
Table for ages 38 and 30.
An addition
of two years to the age of the wife accordingly results by proportion in a
deduction of two-fifths of -45 from the quantity
given in the Table for ages 38
and 30.
Two fifths of -45 = .18 which
deducted from 3-66 leaves 3-48 which is the required quantity corresponding to
ages 38 and
32.
G.-RECOMPUTATION
OF PENSION REGISTERED IN RESPECT OF A MARRIED OR WIDOWED CONTRIBUTOR AT 30TH
JUNE, 1964
Example
(1):-
Officer born on-29th
September, 1933 Wife born on-1st September, 1938 Annual contribution as at 30th
June, 1964-£F40 Registered
pension as at 30th June,
1964-£F339
Quantity found from
Table B in force on 30th June, 1964:-Husband aged 30 last birthday
6.731
Wife aged 25 last
birthday
Therefore the part of the
registered pension to be purchased by contributions falling due on or after 1st
July, 1964, Part (b), is
£F40 x 6731, i.e. 0269-24. Therefore the part of
the registered pension purchased by contributions which fell due on or before
30th June, 1964, Part (a) is 0339 minus £26924, i.e.
£F69-76.
Quantity found from
Table B in Appendix A:-Husband aged 30 last birthday 1 5.68 Wife aged 25 last
birthday J
Therefore the amount of
registered pension to be purchased by contributions including notional
Government contributions falling due
on or after 1st July, 1964, Part (b), as
recomputed according to the tables in Appendix A, is £F(40 plus $/8th 40)
or £F65
x 5.68, i.e. 0369-20. Part (b) as recomputed 0369-20 is greater
than Part (b) according to the tables in force on 30th June, 1964,
and is
therefore to be added to Part (a). The recomputed registered pension is
therefore £F69-76 plus 0369-20, i.e.
0438-96.
Example
(2):-
Officer born on-21st
January, 1919 Wife born on-30th November,
1918
Annual contribution as at 30th
June, 1964-£F60 Registered pension as at 30th June, 1964-0880 Quantity
found from Table B in force
on 30th June, 1964 Husband aged 45 last birthday
3.094
Wife aged 45 last
birthday
Therefore the part of the
registered pension to be purchased by contributions falling due on or after 1st
July, 1964, Part (b) is
£F60 x 3094, i.e. 0185-64. Therefore the part of
the registered pension purchased by contributions which fell due on or before
30th June, 1964, Part (a), is 0880 minus 0185-64, i.e.
0694-36.
Quantity found from Table B
in Appendix A Husband aged 45 last birthday l
2-22
Wife aged 45 last birthday
J
Therefore the amount of registered
pension to be purchased by contributions including notional Government
contributions falling due
on or after 1st July, 1964, Part (b), as recomputed
according to the tables in Appendix A is £F(60 plus %th 60) or £F97-5
x 2.22, i.e. 0216-45.
Part (b) as
recomputed 0216-45 is greater than Part (b) according to the tables in force on
30th June, 1964 and is therefore to be
added to Part (a). The recomputed
registered pension is therefore 0694-36 plus 0216-45, i.e.
0910-81.
Example
(3):-
Officer born on-29th June,
1914 Wife born on-25th June, 1919 Annual contribution as at 30th June, 1964
£F60 Registered pension
as at 30th June, 1964 0540 Quantity found from
Table B in force on 30th June,
1964
Husband aged 50 last birthday
1.378 Wife aged 45 last
birthday
Therefore the part of the
registered pension to be purchased by contributions falling due on or after 1st
July, 1964, Part (b) is
£F60 x 1378, i.e. £F82-68. Quantity found from
Table B in Appendix A
Husband aged 50
last birthday .83 Wife aged 45 last
birthday
Therefore the amount of
registered pension to be purchased by contributions including notional
Government contributions falling due
on or after 1st July, 1964, Part (b), as
recomputed according to the tables in Appendix A, is £F(60 plus 5/sth 60)
or £F97-5
x -83, i.e.
£F80-92.
Part (b) as recomputed
is less than Part (b) according to the tables in force on 30th June, 1964 and
accordingly the registered pension
remains unaltered at
£F540.
Controlled by Ministry of Finance
----------------------------------------
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