Section 5

SCHEDULE OVERSEAS OFFICERS’ PENSIONS Agreement between the Government of Belize and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Public Officers and Public Officers’ Pensions [Section 2] THE GOVERNMENT OF BELIZE AND THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND HAVE AGREED AS FOLLOWS: ARTICLE 1 Interpretation In this Agreement, except where the context otherwise requires, (a) “actuary” means a Fellow of the Institute of Actuaries or of the Faculty of Actuaries in Scotland; (b) “the appointed day” means the day mutually arranged between the Government of the United Kingdom and the Government of Belize; (c) “Belize” means and includes, where appropriate, British Honduras; (d) “conditions of service” means the laws, rules, regulations, orders and other instruments that regulate the terms of service of an officer 6 Overseas Officers’ Pensions relating to his tenure of office, disciplinary control, salary (including salary scales), pensionable allowances and passages; (e) “inducement allowance” means any inducement allowance enjoyed by an officer under the Overseas Service (British Honduras) Agreement 1961, or any agreement or arrangement amending or replacing the same; (f) “officer” means a person who was at any time before 21 September 1981 the substantive holder of a pensionable office in the public service of Belize and whose conditions of service before that date included an entitlement to free passages from Belize for the purposes of leave of absence upon the completion of a tour of duty, being a person, (i) who was selected for or offered appointment to the public service of Belize by a Secretary of State; or (ii) whose appointment to the public service of Belize was approved by a Secretary of State; or (iii) who had entered into an agreement with the Crown Agents for Overseas Government and Administrations to serve in the public service of Belize; or (iv) who (although not a person falling within heads (i), (ii) or (iii) of this sub-paragraph) is or has been a member of Her Majesty’s Overseas Civil Service or Her Majesty’s Overseas Officers’ Pensions 7 Overseas Judiciary, or has been a member of a former Colonial Unified Service, or is or was a designated officer for the purposes of the Overseas Service (British Honduras) Agreement 1961, or any agreement or arrangement amending or replacing that Agreement, and who, (aa) does not become a citizen of Belize on 21 September 1981; or (bb) retires from public service or dies in the public service after 21 September 1981 and is not a citizen of Belize at the time of his retirement or death, as the case may be; or (cc) being a citizen of the United Kingdom and Colonies, a national of a foreign country or a citizen of a Commonwealth country other than Belize or the United Kingdom and Colonies who becomes a citizen of Belize on 21 September 1981 by operation of law, renounces his citizenship of Belize in accordance with the relevant law not later than 21 September 1982; (g) “other public service” means public service not under the Government of Belize; (h) “pension” means any pension, gratuity, compensation and interest thereon, or any retiring allowance or other like benefit, or any increase of pension, or any contributions 8 Overseas Officers’ Pensions repayable to, or interest on contributions payable to, any officer, payable under the pensions laws to or in respect of any officer, or to the widow or child of any officer or to his legal personal representative; (i) “pensionable emoluments”, (i) in respect of public service under the Government of Belize, means emoluments which count for pension under the pensions laws; (ii) in respect of other public service, means emoluments which count for pension in accordance with the laws or regulations in force in such service; (j) “pensions laws” means, (i) in relation to pensions other than widows’ and orphans’ pensions, any law, regulation or administrative direction providing for the payment of pensions to officers in respect of public service and in force in Belize at any time prior to 21 September 1981 and enacted prior to that date; (ii) in relation to widows’ and orphans’ pensions, (aa) the Widows’ and Orphans’ Pensions Ordinance Chapter 231, R. L. 1958, of the Revised Edition of the Laws of British Honduras and any amendments thereto in force at any time Overseas Officers’ Pensions 9 prior to 21 September 1981 and enacted prior to that date (hereinafter referred to as “Chapter 231”) and (bb) the Widows’ and Children’s Pensions Act, No. 4 of 1976, Cap. 32, and any amendments thereto in force at any time prior to 21 September 1981 and enacted prior to that date (hereinafter referred to as “Act No. 4 of 1976, Cap. 32”); and (iii) in relation both to widows’ and orphans’ pensions and to other pensions, any other law, regulation or administrative direction accepted by the Government of the United Kingdom and the Government of Belize for the purposes of this Agreement; (k) “public service” means, (i) service in a civil capacity under the Government of Belize or any other country or territory in the Commonwealth; (ii) service under the East Africa High Commission, the East African Common Services Organization, the East African Posts and Tele- communications Administration, the East African Railways and Harbours Administration, the East African Community, the East African Harbours Corporation, the East 10 Overseas Officers’ Pensions African Posts and Tele- communications Corporation or the East African Railways Corporation; (iii) service which is pensionable, (aa) under the Overseas Super- annuation Scheme; or (bb) under any Act relating to the superannuation of teachers in the United Kingdom; or (cc) under a local authority in the United Kingdom; or (dd) under the National Health Service of the United Kingdom; (iv) any other service accepted by the Government of the United Kingdom and the Government of Belize to be public service for the purposes of this Agreement; (v) except for the purposes of computation of a pension, gratuity or other allowance and of determination of the maximum pension grantable, service as a Governor in respect of which a pension may be granted under the Overseas Pensions Act 1973 or any Act amending or replacing that Act; (vi) 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 Overseas Officers’ Pensions 11 Africa established by the Eastern Africa Court of Appeal Order in Council, 1961 (United Kingdom S. I. 1961 No. 2323) or the Court of Appeal for East Africa; (vii) service in the service of the Interim Commissioner for the West Indies; (l) “relevant service” means public service in a civil capacity under the Government of Belize on or after 21 September 1981; (m) “the Belize element” in relation to a pension (other than a widows’ and orphans’ pension) means, (i) in respect of a pension arising from death resulting from an injury on duty, or from contracting a disease, or a pension or additional pension arising from such an injury or from such a disease, being a pension which results from an occurrence during relevant service, the whole cost; (ii) in the case of any other pension, that proportion of the pension which the total pensionable emoluments enjoyed by the officer during his relevant service bears to the total pensionable emoluments enjoyed by him throughout his public service under the Government of Belize which have been taken into account in determining the amount of that pension; 12 Overseas Officers’ Pensions (n) “widows’ and orphans’ pensions” means pensions payable under Chapter 231 of R. L. 1958 or Act No. 4 of 1976, Cap. 32. ARTICLE 2 Assumption of Responsibility by the Government of the United Kingdom As from the appointed day the Government of the United Kingdom shall assume from the Government of Belize the responsibility for the control, administration and payment of pensions which have been awarded before the appointed day and for the award, control, administration and payment of pensions which would fall to be awarded on or after the appointed day. ARTICLE 3 Obligations of the Government of the United Kingdom The Government of the United Kingdom undertake, (a) that they shall award, control, administer and pay the pensions referred to in Article 2 of this Agreement to or in respect of the persons concerned in accordance with the principles and rules contained in the pensions laws, with such modifications as may be necessary in consequence of the transfer of responsibility under this Agreement, or in accordance with such other principles and rules as the Government of the United Kingdom consistently with the next following paragraph may from time to time determine; (b) that, apart from any modification arising from the pensions being payable out of public Overseas Officers’ Pensions 13 moneys of the United Kingdom, they shall not apply to any officer different provisions from those contained in the pensions laws (other than any provisions, express or implied, relating to the currency and method of payment of a pension) so as to make such provisions less favourable to any beneficiary or potential beneficiary than the provisions applicable to him on the appointed day. Provided that if a beneficiary or potential beneficiary elects to have any provision applied to him, that provision shall be taken to be more favourable to him; (c) that they shall give to each person to whom paragraph (a) of this Article applies an option under which that person may elect that his pension shall be paid in one of the following countries, (aa) the United Kingdom; (bb) Belize; (cc) such other country as the person to whom the pension is payable may, with the concurrence of the Government of the United Kingdom, select; (d) that where pensions are payable in a country other than Belize after 21 September 1981 they shall be paid in sterling and the amount of the payment shall be such as would produce, at the official rate of exchange prevailing at the date of payment, the amount in sterling of the pension calculated as at the official rate of exchange prevailing on 21 September 1981. 14 Overseas Officers’ Pensions Provided that if there is a general revision of salaries consequent upon the revaluation of the currency in use in Belize as a result of which the pensionable emoluments of an officer may be increased the Government of the United Kingdom may require that officer to agree that any pension that may be granted to him shall be calculated at the rate of exchange prevailing at the date of the revision of salaries before granting him the benefit of the increase of pensionable emoluments. Provided further that, where an officer on or after 21 September 1981 retires from other public service and the pension granted to him has been calculated by reference to pensionable emoluments enjoyed during such other public service which are converted into Belize currency at a rate of exchange other than the official rate of exchange prevailing on 21 September 1981 payment of that pension may be made at a rate of exchange other than the rate prevailing on 21 September 1981 as the Government of the United Kingdom shall determine not less favourable than the official rate of exchange prevailing at the date of his last day of pensionable service in public service under a scheduled administration as defined in the Belize pensions law applicable to him; (e) that if the Government of Belize should be adjudged by the order of a competent court of law having jurisdiction in Belize to be liable to pay to or in respect of an officer or the widow or child or legal personal representative of an officer any sum in respect of a pension for which the Government of the United Kingdom have assumed responsibility under this Agreement, the Government of the United Kingdom shall repay to the Government of Belize any sum paid to such person for the purpose of complying with the order of the court, but in this event the Government of the United Kingdom shall be free to reduce by Overseas Officers’ Pensions 15 corresponding sums, or totally to withhold, any payments of the same pension to or in respect of that person which would otherwise fall to be made by them under this Agreement. ARTICLE 4 Obligations of the Government of Belize (1) The Government of Belize undertake, (a) that the conditions of service applicable to an officer who continues to be the substantive holder of a pensionable office in the public service of Belize on or after the appointed day shall not be less favourable than those which were applicable to him immediately before the appointed day; (b) that they shall comply with any reasonable request that may at any time be made by the Government of the United Kingdom for the release of an officer, who is a member of Her Majesty’s Overseas Civil Service, for transfer or promotion to other public service; (c) that any instalments of pension granted to or in respect of an officer which remain unpaid on the appointed day shall be paid in accordance with the pensions laws as in force immediately before the appointed day; (d) that they shall as from the appointed day relinquish responsibility for the award, control, administration and payment of any pension to or in respect of an officer or a widow or child or legal personal 16 Overseas Officers’ Pensions representative of an officer otherwise than in accordance with the terms of this Agreement; (e) that they shall pay to the Government of the United Kingdom in accordance with such arrangements as may be accepted by the two Governments, (i) in respect of any pension (other than a widows’ and orphans’ pension awarded under Chapter 231, R. L. 1958) awarded before the appointed day to or in respect of an officer, a sum representing the cost, if any, of the Belize element of such pension; (ii) in respect of a widows’ and orphans’ pension awarded under Act No. 4 of 1976 on or after the appointed day in respect of an officer who retired before the appointed day, a sum representing the cost, if any, of the Belize element of such pension; (iii) in respect of any pension (other than a widows’ and orphans’ pension payable under Chapter 231, R. L. 1958) awarded on or after the appointed day to or in respect of an officer, (aa) that part of the sum which would represent the Belize element of such pension if the service of the officer ceased on the appointed day which is attributable to the officer’s relevant service up to the day Overseas Officers’ Pensions 17 immediately preceding the appointed day; and (bb) 25% of the officer’s pensionable emoluments, other than inducement allowance, earned during that part of his relevant service which occurs on or after the appointed day. (2) The sums payable under subparagraphs (1) (e) (i), (1) (e) (ii) and (1) (e) (iii) (aa) of this Article shall be actuarially determined by an actuary nominated by the Government of the United Kingdom and acceptable to the Government of Belize and shall be reduced by a sum accepted by the two Governments as representing the tax which the Government of Belize would have received in respect of the Belize element of the pensions. ARTICLE 5 Supply of Information Each of the Parties to this Agreement shall, whenever requested to do so by the other Party, supply to that Party such information in connection with the operation of the arrangements contained in this Agreement as may be specified in such request. ARTICLE 6 Modification of Previous Agreements On and after the appointed day the provisions of the Overseas Service (British Honduras) Agreement 1961, and any agreement or arrangement amending or replacing the same, relating to the reimbursement of the Government of Belize by the Government of the United Kingdom of a proportion of the 18 Overseas Officers’ Pensions cost of a pension shall cease to apply to any pension payable to or in respect of an officer to whom this Agreement applies in respect of any period beginning on the appointed day. ARTICLE 7 Modification of this Agreement If the Government of the United Kingdom and the Government of Belize mutually decide that this Agreement should be modified in any particular case or class of cases, the foregoing provisions of this Agreement shall be applied to such case or cases with such modifications, additions or exceptions as may be necessary to give effect to such mutual decisions. ARTICLE 8 Entry into Force Each of the Parties to this Agreement shall notify the other party in writing as soon as it has completed the domestic legislation and other arrangements necessary to enable it to carry out the Agreement, and this Agreement shall enter into force on the date on the later of these two notifications. ARTICLE 9 Citation This Agreement may be cited as the Public Officers’ Pensions (Belize) Agreement 1981. In witness whereof the undersigned duly authorised thereto by their respective Governments, have signed this agreement. Done in duplicate at this day of Overseas Officers’ Pensions 19 FOR THE GOVERNMENT OF BELIZE FOR THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND: