Governor-General to act after consultation with Public Service Commission

The powers vested in the Governor-General by this Act shall be exercised by him, (a) in the case of officers to whom section 107 of the Constitution, Cap. 4 applies, acting in accordance with the advice of the Prime Minister; (b) in the case of all other officers, acting in accordance with the advice of the Public 35 SCHEDULE PENSIONS ACT Pensions Regulations1 (Sections 3 and 7) ARRANGEMENT OF REGULATIONS PART I Preliminary 1. Short title. 2. Interpretation. PART II Officers without Other Public Service 3. Application of Part II. 4. Qualification for pension. 5. Gratuities where length of service does not qualify for pension. 6. Marriage gratuities. PART III Transferred Officers 7. Application of Part III. 8. Retirement on grounds of public interest. 1 These Regulations were made by S.I. 95 of 1990 and amended by S.I. 26 of 1992. 36 Pensions 9. Pension for service wholly within the group. 10. Pension where other service is not within the group. 11. Pension when service both within and not within the group. 12. Gratuities where service does not qualify for pensions. 13. Marriage gratuities. PART IV General 14. General rules as to qualifying service and pensionable service. 15. Continuity of service. 16. Leave without salary. 17. Service in Her Majesty’s Forces. 18. Emoluments to be taken for computation of pension. 19. Teaching service may be counted as pensionable service. 20. Service in non-pensionable office. 21. Acting service 22. Service under age of 20 or on probation or agreement. PART V Miscellaneous 23. Abolishing of office and reorganization. 24. Officers injured or contracting diseases in the discharge of their duties. 25. Additional pension for officers with service between ten and fifteen years retiring on ill health. 26. Gratuity and reduced pension. 27. Gratuities for officers who have served in non-pensionable offices. Pensions 37 PART I Preliminary 1. These regulations may be cited as the Pensions Regulations. Short title. 2. In these regulations, unless the context otherwise requires, Interpretation. “qualifying service” means service which may be taken into account in determining whether an officer is eligible by length of service for pension, gratuity, or other allowance; “pensionable service” means service which may be taken into account in computing pensions under these regulations; “the Act” means the Pensions Act, Cap. 30. PART II Officers without Other Public Service 3. Save when the Governor-General in any special case otherwise directs, this Part shall not apply in the case of any officer transferred to or from the public service under the Government of Belize from or to other public service except for the purpose of determining whether such officer would have been eligible for pension or gratuity, and the amount of pension or gratuity, for which the officer would have been eligible, if the service of the officer had been wholly service in the public service under the Government of Belize. Application of Part II. Qualification for pension S.I. 26 of 1992 4.-(1) Subject to the provisions of the Act and of these regulations, every public officer holding a pensionable office under the Government of Belize who has been in public service under the Government of Belize for ten years or more may be granted on his retirement or resignation a pension, 38 Pensions (a) if his pensionable service exceeds ten years, at the annual rate of one-hundred-and-eighty- seven hundred- and-twentieths (l80/720ths) of his pensionable emoluments with an addition of one seven-hundred- and-twentieth (1/720th) in respect of each complete month of pensionable service in excess of ten years, or (b) if his pensionable service does not exceed ten years, at the annual rate of one four-hundred- and-eightieth (1/480th) of his pensionable emoluments in respect of each completed month of pensionable service. S. I. 26 of 1992. (2) When an officer retired or resigned from public service under the Government of Belize in the circumstances described in section 6 (1) (a) (iv) of this Act, and at the time of his retirement or resignation his pensionable service was not less than ten years but not more than fifteen years he may be granted in addition to the pension granted under paragraph (1) an additional pension at the annual rate of one seven-hundred- and- twentieth (1/720th) of his pensionable emoluments in respect of each month, (a) by which his pensionable service falls short of fifteen years, or (b) if his pensionable service would have been for a shorter period than fifteen years had he continued to hold the same office which he held at the date of his retirement or resignation and retired or resigned on attaining the age of fifty-five years, of such shorter period. (3) An officer who resigns from the public service shall be paid a gratuity or both a pension and a gratuity in accordance with section 7 of the Pensions Act, Cap. 30. Pensions 39 5. Every officer, otherwise qualified for a pension, who has not completed length of service the minimum period of service qualifying for a pension, may be granted on retirement a gratuity not exceeding five times the annual amount of the pension which, if there had been no qualifying period, might have been granted to the officer under regulation 4 (1) of these regulations. Gratuities where length of service does not qualify for pension. Marriage gratuities. 6. Where a female officer, having been in public service under the Government of Belize for not less than five years and having been confirmed in a pensionable office, retires or is required to retire for the reason that she is about to marry, or has married, and is not eligible for the grant of any pension or otherwise eligible for gratuity under this Part, she may be granted, on production within six months after her retirement, or such longer period as the Governor-General may in any case allow, of satisfactory evidence of her marriage, a gratuity of an amount not exceeding, (a) one year’s annual pensionable emoluments; or (b) five times the annual amount of the pension which might have been granted to her under regulation 4 (1) of these regulations, had there been no qualifying period and had that regulation been applicable to her, whichever amount shall be the less. Provided that a gratuity under this regulation shall not be payable to an officer who was married for longer than a period of six months at the date of retirement. 40 Pensions PART III Transferred Officers 7. This Part shall apply only in the case of an officer transferred to or from public service under the Government of Belize from or to other public service. Application of Part III. Retirement on grounds of public interest. 8.-(1) In this Part and Part IV “scheduled administration” means, (a) the Government of any territory, or any authority, mentioned in the Schedule; (b) the Government of Ceylon in respect of any officer appointed to service under that Government before 4th February 1948; (c) the Government of Palestine, in respect of any officer appointed to service under that Government before 15th May 1948; (d) the Government of the Somali Republic, in respect of any officer appointed to service under the former Government of the Somaliland Protectorate before 26th June 1960; (e) the Government of Cyprus, in respect of any officer appointed to service under that Government before 16th August 1960; (f) the East African Common Services Organization, in respect of any person deemed to have been appointed or appointed to service as President, Vice-President, Justice of Appeal, Registrar, officer or servant of the Court of Appeal for Eastern Pensions 41 Africa by or under the Eastern Africa Court of Appeal Order in Council 1961 made in S. I. 2323 of 1961; (g) the Interim Commissioner for the West Indies in respect of any person deemed to have been appointed or appointed to service as a judge, registrar, officer or servant of the British Caribbean Court of Appeal by or under the British Caribbean Court of Appeal Order in Council 1962. “Service in the group” means service in the public service under the Government of Belize and under a scheduled administration or scheduled administrations. (2) Where an officer to whom this Part applies is, on his retirement from the service, not granted a pension or gratuity, in respect of his employment in the service in which he was last employed, solely by reason of the fact that he has not held office or pensionable office therein for a specified period, he shall nevertheless be deemed for the purposes of this Part of these regulations to have retired in circumstances in which he is permitted by the law in force in respect of the service in which he is last employed to retire on pension or gratuity. (3) For the purpose of these regulations, (a) any officer in public service under the Government of the Federation of Rhodesia and Nyasaland immediately before 1st January 1964, who was immediately before that date employed on secondment to service under the Government of Southern Rhodesia, or Northern Rhodesia or Nyasaland, or was as from the date so employed, shall be deemed to continue to serve in public service under the Government of the Federation of 42 Pensions Rhodesia and Nyasaland until his employment on secondment is terminated; (b) any pension awarded on or after 1st January 1964 in respect of service under the Government of the Federation of Rhodesia and Nyasaland shall be deemed to have been granted by that Government notwithstanding the provisions of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council, 1963. Pension for service wholly within the group. 9.-(1) Subject to the provisions of the Act and of these regulations, where the other public service of an officer to whom this Part applies has been wholly under one or more scheduled administrations and his aggregate service would have qualified him had it been wholly service in public service under the Government of Belize for a pension under the Act he may, on his retirement from the public service, be granted in respect of his service in public service under the Government of Belize a pension of such an amount as shall bear the same proportion to the amount of pension for which he would have been eligible had his service been wholly in public service under the Government of Belize as the aggregate amounts of his pensionable emoluments during his service in public service under the Government of Belize shall bear to the aggregate amounts of his pensionable emoluments throughout his service in the group. (2) In determining for the purposes of this regulation the pension for which an officer would have been eligible if his service had been wholly service in public service under the Government of Belize, (a) in the application of regulation 18, his pensionable emoluments shall be determined by reference to the pensionable emoluments enjoyed by him at the date of his retirement from the public service or during the three Pensions 43 years or lesser period preceding that date, as the case may be, except that where the officer is not serving under a scheduled administration at that date, the date upon which he was last transferred from the public service under a scheduled administration shall be deemed to be the date of his retirement for the purposes of this subparagraph; (b) no regard shall be had to an additional pension under regulation 4 (2) or under regulation 23, 24 or 25; (c) regard shall be had to the condition that pension may not exceed two-thirds of the highest pensionable emoluments enjoyed by him at any time during his public service; (d) no period of public service under a scheduled administration or under the Government of Belize in respect of which no pension or gratuity is granted to him by that administration or Government, as the case may be, shall be taken into account. (3) For the purposes of this regulation the aggregate amount of an officer’s pensionable emoluments shall be taken as the total amount of pensionable emoluments which he would have received or enjoyed had he been on duty on full pay in his substantive office or offices throughout his period of service in the group subsequent to the attainment of the age of twenty years, Provided that, (a) in calculating the aggregate amount of his pensionable emoluments, no account shall be taken of any service under a scheduled 44 Pensions administration or under the Government of Belize in respect of which no pension or gratuity is granted to him by that administration or Government, as the case may be; (b) where service in a civil capacity otherwise than in a pensionable office is taken into account as pensionable service, the officer’s aggregate pensionable emoluments during that service shall be taken into account to the same extent as that service shall be taken into account as pensionable service. Pension where other service is not within the group. 10.-(1) Subject to the provisions of the Act and of these regulations, where the other public service of an officer to whom this Part of these regulations applies has not included service under any of the scheduled administrations, and his aggregate service would have qualified him, had it been wholly service in public service, under the Government of Belize for a pension under these regulations, he may on his retirement from public service, be granted in respect of his service in public service, under the Government of Belize a pension of an amount equal to the pension for which he would have been eligible under regulation 4, if there had been no qualifying period and if he had no other public service. (2) Where the officer is not in public service under the Government of Belize at the time of such retirement, (a) his pensionable emoluments for the purposes of paragraph (1) shall be those which would have been taken for the purposes of computing his pension if he had retired from the public service and had been granted a pension at the date of his last transfer from public service under the Government of Belize; and Pensions 45 (b) no regard shall be had to an additional pension under regulation 4 (2). (3) For the purposes of these regulations service under the School Teachers Pensions Act, Cap. 42, shall be regarded as other public service not under a scheduled administration. Pension when service both within and not within the group. 11. Where a part only of the other public service of an officer to whom this Part applies has been under one or more of the scheduled administrations, the provisions of regulation 9 shall apply; but in calculating the amount of pension, regard shall be had only to service in the group. Gratuities where length of service does not qualify for pension. 12. Subject to the provisions of the Act and of these regulations, where an officer to whom this Part applies retires from the public service but has not been in the public service for ten years, he may be granted in respect of his service in the public service under the Government of Belize a gratuity not exceeding five times the annual amount of the pension which, if there had been no qualifying period, might have been granted to him under regulation 9, 10 or 11 as the case may be. 13. Where a female officer to whom this Part applies retires or is required to retire for the reason that she is about to marry or has married, and Marriage gratuities. (i) would have been eligible for a gratuity under regulation 6 if her public service had been wholly under the Government of Belize; and (ii) is not eligible for the grant of any pension or otherwise eligible for gratuity under this Part she may be granted in respect of her public service under the Government of Belize a gratuity of an amount not exceeding five times the annual amount of the pension for which she 46 Pensions would have been eligible under regulation 9, 10 or 11, had there been no qualifying period and had regulation 9, 10 or 11, as the case may be, been applicable to her, Provided that for the purpose of computing the amount of such a gratuity, (a) in relation to regulation 9 or 11, regulation 9 (2) (c) shall have effect as if the reference to two-thirds of her highest pensionable emoluments were a reference to one-fifth of her annual pensionable emoluments; (b) in relation to pension under regulation 9, 10 or 11, the annual amount of that pension shall not exceed one- fifth of her annual pensionable emoluments. PART IV General 14.-(1) Subject to the provisions of these regulations, qualifying service shall be the inclusive period between the date on which an officer begins to draw salary in respect of public service and the date of his leaving the public service without deduction of any period during which he has been absent on leave. General rules qualifying service and pensionable service. (2) No period which is not qualifying service by virtue of the foregoing paragraph shall be taken into account as pensionable service. (3) No period during which the officer was not in public service shall be taken into account as qualifying service or as pensionable service. Pensions 47 15.-(1) Except as otherwise provided in these regulations, only continuous public service shall be taken into account as qualifying service or as pensionable service. Continuity of service. (2) Any break in service caused by temporary suspension of employment in the public service not arising from misconduct or voluntary resignation shall be disregarded for the purposes of subparagraph (1). (3) Any person holding office in public service under the Government of Palestine immediately before 15th May 1948, shall be deemed to have continued in his office until either he was appointed to the service of the Crown elsewhere, or, if he was not so appointed, he retired or was removed from an office. (4) An officer, (a) whose pension has been suspended under section 11 of the Act or under a corresponding provision in any law relating to the grant of pensions in respect of public service; or (b) who has retired from the public service without pension on account of ill health, abolition of office, or, re-organisation designed to effect greater efficiency or economy, and has subsequently been re- employed in the public service; or (c) who has left pensionable service under (i) any Acts relating to the super- annuation of teachers in the United Kingdom; or (ii) a local authority in the United Kingdom; or 48 Pensions (iii) the National Health Service of the United Kingdom with a view to entering public service not being pensionable service as aforesaid and has, not later than three months, or such extended period as the Governor-General may in any particular case approve, after leaving such pensionable service, received any salary in respect of employment in public service not so pensionable, may if the Governor-General thinks fit, be granted the pension or gratuity for which he would have been eligible if any break in his public service immediately prior to such suspension, re-employment or employment had not occurred, such pension to be in lieu of, (a) any pension previously granted to him from the funds of Belize, and (b) any gratuity so granted which is required to be refunded as a condition of the application to the officer of this regulation, but additional to any gratuity so granted which is not required to be refunded as aforesaid. Leave without salary. 16. No period during which an officer has been absent from duty on leave without salary shall be taken into account as pensionable service unless such leave has been granted on grounds of public policy with the approval of the Governor- General. Service in Her Majesty’s Forces. 17. Where an officer, during some period of his service, has been on the active list of the Royal Navy, the Army or the Royal Air Force, and pension contributions have been paid in respect of that period from the funds of Belize or of any Pensions 49 scheduled administration and have not been refunded, such period shall not be taken into account as pensionable service. Emoluments to be taken for computation of pension. 18.-(1) For the purpose of computing the amount of the pension or gratuity of an officer who has had a period of not less than three years’ pensionable service before his retirement, (a) in the case of an officer who has held the same office for a period of three years immediately preceding the date of his retirement, the full annual pensionable emoluments enjoyed by him at that date in respect of that office shall be taken; (b) in the case of an officer who at any time during such period of three years has been transferred from one office to another, but whose pensionable emoluments have not been changed by reason of such transfer or transfers, otherwise than by the grant of any scale increment, the full annual pensionable emoluments enjoyed by him at the date of his retirement in respect of the office then held by him shall be taken; (c) in other cases one-third of the aggregate pensionable emolument enjoyed by the officer in respect of his service during the three years of his service immediately preceding the date of his retirement shall be taken, Provided that, (i) if such one-third is less than the highest annual pensionable emoluments enjoyed by him at the date of any transfer within such period of three years those annual 50 Pensions pensionable emoluments shall be taken; and (ii) if such one-third is less than the annual pensionable emoluments which would have been enjoyed by him at the date of his retirement, if he had continued to hold any office from which he has been transferred at any time during such period of three years, and had received all scale increments which, in the opinion of the Governor-General, would have been granted to him, the annual pensionable emoluments which would have been so enjoyed shall be taken. (2) For the purpose of computing the amount of the pension or gratuity of an officer who has had a period of less than three years pensionable service before his retirement the average annual pensionable emoluments enjoyed by him during such period shall be taken. (3) For the purpose of determining under this regulation the pensionable emoluments that an officer has enjoyed or would have enjoyed, as the case may be he shall be deemed, (a) to have been on duty on full pensionable emoluments throughout the period of three years or such lesser period immediately preceding the date of his retirement; and (b) to have enjoyed the benefit of any increase due to a general revision in the pensionable emoluments of any office held by him as if such increase had been payable throughout such period, Pensions 51 Provided that if he has been transferred from an office which has been abolished and for this reason the pensionable emoluments of that office have not been considered in a general revision of pensionable emoluments, then, for the purposes of this regulation, the pensionable emoluments attached to the abolished office shall be equated with those of such office or offices as are certified by the Accountant General in his discretion as having enjoyed the same pensionable emoluments as the abolished office at the time of the said revision. (4) The estimated value of free quarters in respect of public service under the Government of Belize shall be such as shall be taken as ten per centum of the initial salary of the office or of the actual salary if such salary is non-incremental, whether or not an allowance in cash has been granted in lieu of free quarters, Provided that, for the purpose of this regulation and the definition of “house allowance” in section 2 of the Act, (a) the salary immediately after the point in any scale of salary at which an efficiency bar occurs shall be regarded as the initial salary of the office in the case of an officer who has passed such efficiency bar; (b) the estimated value of free quarters shall not in any case be reckoned at less than ninety- six dollars nor more than six hundred; (c) accommodation provided either during periods of duty or at other times in barracks, hospitals or other public buildings for non- commissioned officers and members of the Police Force, nurses or attendants at the Mental Hospital in consequence of their 52 Pensions being required to remain at such places when on duty and not in pursuance of any express condition of service by which they are entitled to free quarters shall be deemed not to be free quarters; and 42 of 1999. (d) no account shall be taken of the allowance paid to non-commissioned officers and members of the Police Department, prison officers and attendants at the Mental Hospital (being married men or widowers with dependent children) hitherto described in the annual estimates as “rent, contribution to aid” or in similar terms, which allowance shall be deemed not to be a house allowance. (5) In no circumstances shall pensionable emoluments be taken for the purposes of computing the pension or gratuity of any officer exceed the full annual pensionable emoluments enjoyed by the officer at the date of his retirement in respect of the office then held by him. Teaching service may be counted as pensionable service. 19. Where an officer holding a pensionable office retires from the public service in circumstances in which he is eligible, (a) for a pension or gratuity under these regulations; and (b) for a pension or gratuity under the School Teachers Pensions Act, or any Act thereby repealed, then, if his service which is pensionable under the School Teachers Pensions Act, Cap. 42, was immediately followed by pensionable service under these regulations, the Governor-General may, either generally or in any particular case, direct that such service which is pensionable under the School Teachers Pensions Act, Pensions 53 Cap. 42, may be taken into account as though it were pensionable service under these regulations, Provided that, (i) where any such direction has been given, any pension or gratuity granted under these regulations shall be in lieu of any pension or gratuity for which the officer is eligible under the School Teachers Pensions Act, Cap. 42; and (ii) any break in service which may be disregarded under regulation 15 may likewise be disregarded in determining for the purposes of this regulation whether the period of service which is pensionable under the School Teachers Pensions Act, Cap. 42, was immediately followed by pensionable service under these regulations. 20. Only service in a pensionable office (not being service in respect of pensionable which the officer is entitled to a gratuity in lieu of pension or to benefit under office any other scheme of superannuation) shall be taken into account as pension, Service in non- pensionable office. Provided that, (a) where a period of service in a civil capacity otherwise than in a pensionable office (not being service in respect of which the officer is entitled to a gratuity in lieu of pension or to benefit under any other scheme of superannuation) is immediately followed by 54 Pensions service in a pensionable office and the officer is confirmed therein, such period may with the approval of the Governor-General be so taken into account; (b) any break in service which may be disregarded under regulation 15 may likewise disregarded in determining for the purpose of the preceding provisions of this regulation whether one period of service immediately follows another period of service; (c) (i) where an officer has been transferred from a pensionable office in which he had been confirmed to an office which is not pensionable and subsequently retires either from a pension-able office or an office which is not pensionable his service in the office which is not pensionable may, with the approval of the Governor- General, be taken into account as though it were service in the pensionable office which he held immediately prior to such transfer and at the pensionable emoluments which were payable to him at the date of transfer; (ii) where a period of service in an office which is not pensionable is taken into account under this regulation, the officer shall, during that period, be deemed for the purpose of regulations 6, 23 and 24 to be holding a pensionable office, and where that period is taken into account under the preceding proviso to have been confirmed therein. Pensions 55 21. Any period during which an officer has performed only acting service in an office may be taken into account as pensionable service (subject if the office is not pensionable, to the provisions of regulation 20) if the period of such acting service, Acting Service. (a) is not taken into account as part of his pensionable service in other public service; and (b) is immediately preceding or followed by service in a substantive capacity in a pensionable office in the public service under the same government or authority, and not otherwise. Service under age of 20 or on probation or agreement. 22. Except as otherwise provided in these regulations, there shall not be taken into account as pensionable service, (a) any period of service while the officer was under the age of eighteen years; or (b) any period of service while he was on probation or agreement, unless without break of service he is confirmed in a pensionable office in the public service, Provided that any break of service which may be disregarded under regulation 15 may likewise be disregarded in determining whether the officer is confirmed in a pensionable office without break of service. PART V Miscellaneous 23. If an officer holding a pensionable office retires from the public service office and in consequence of the abolition of Abolishing of office and re- organisation. 56 Pensions his office or for the purpose of facilitating improvements in the organisation of the department to which he belongs, by which greater efficiency or economy may be effected, he may, (a) if he has been in the public service for less than ten years, be granted in lieu of any gratuity under regulation 5 or regulation 12, a pension under regulation 4 (1) or under regulations 9, 1 0 or 11 as the case may be, as if the words “for ten years or more” were omitted from regulation 4 (1); (b) if he retires from the public service under the Government of Belize, be granted an additional pension at the annual rate of one hundred and eightieth of his pensionable emoluments for each complete year of his pensionable service, Provided that, (i) the addition shall not exceed thirty one-hundred and eightieths; and (ii) the addition together with the remainder of the officer’s pension shall not exceed the pension for which he would have been eligible if the words “for ten years or more” were omitted from regulation 4 and if he had continued to hold the office held by him at the date of his retirement, and retired on reaching the age at which he may be required to retire without the approval of the Secretary of State, having received all increments for which he would have been eligible by that date. Pensions 57 24.-(1) This regulation shall apply to an officer who, Officers injured or contracting diseases in discharge of their duties. (a) is injured in the actual discharge of his duty by some diseases in the injury specifically attributable to the nature of his duty which is not wholly or mainly due to, or seriously aggravated by, his own serious and culpable negligence or misconduct; or (b) contracts a disease to which he is exposed by the nature of his duty, not being a disease wholly or mainly due to, or seriously aggravated by, his own serious and culpable negligence or misconduct. (2) In this regulation unless the contrary intention appears, references to an officer being injured and to the date on which an injury is sustained shall respectively be construed as including references to him contracting such a disease as is mentioned in paragraph (1) and to the date on which such disease is contracted. (3) Where an officer to whom this regulation applies is holding a pensionable office in which he has been confirmed, he may, (a) if his retirement is necessitated or materially accelerated by his injury and he has been in the public service for less than ten years, be granted in lieu of any gratuity under regulation 5 or regulation 12, a pension under regulation 4 (1) or under regulation 9, 10 or 11 as the case may be, as if the words “for ten years or more” were omitted from regulation 4 (1); (b) if he was injured while in public service under the Government of Belize, be granted on retirement an additional pension, at the 58 Pensions annual rate of the proportion of his actual pensionable emoluments at the date of his injury appropriate to his case as shown in the following table. When his capacity to contribute to his own support is, Slightly impaired five sixtieths Impaired ten sixtieths Materially impaired fifteen sixtieths Totally destroyed twenty sixtieths; Provided that the amount of the additional pension may be reduced to such an extent as the Governor-General shall think reasonable where the injury is not the cause or the sole cause of retirement. (4) (a) An officer to whom this regulation applies who is injured while in public service under the Government of Belize and who holds a non-pensionable office, or who holds a pensionable office in which he has not been confirmed, may be granted on retirement, a pension of the same amount as the additional pension which may be granted to him under paragraph (3) if his office were a pensionable office and he had been confirmed therein. (b) Regulation 26 shall not apply to a pension granted under this paragraph. (5) (a) If, for the purpose of assessing the amount of any additional pension or pension to be granted under paragraph (3) (b) or under paragraph (4) to any officer to whom this regulation applies, the degree of permanent impairment of his capacity to contribute to his own support is in doubt he may be granted a provisional award until such time Pensions 59 as his degree of permanent impairment can be determined. (b) Regulation 26 shall not apply to an award made under this paragraph. (6) If an officer proceeding by a route approved by the Governor-General to or from Belize at the commencement or termination of his public service under the Government of Belize, or of a period of secondment duty leave or leave there from, is injured as a result of damage to the vessel, aircraft or vehicle in which he is travelling or of any act of violence directed against any such vessel, aircraft or vehicle, and the Governor-General is satisfied that such damage or act is attributable to circumstances arising out of any war in which Her Majesty may be engaged, such officer shall be deemed for the purpose of this regulation to have been injured in the circumstances described in paragraph (1). (7) An officer who is injured while travelling by air in pursuance of official instructions, and whose injury is not wholly or mainly due to, or seriously aggravated by, his own serious and culpable negligence or misconduct, shall be deemed for the purpose of this regulation to have been injured in the circumstances described in paragraph (1), Provided that in such a case the rates of pension prescribed in paragraph (3) (b) shall be seven-and-a-half sixtieths, fifteen sixtieths, twenty-two and-one-half sixtieths and thirty sixtieths respectively. (8) Where compensation in consequence of the injury is payable under any law in force in Belize which provides for the payment of workmen’s compensation, or where benefits corresponding to an additional pension or pension under paragraph (3) or paragraph (4) are payable, under the Overseas Superannuation Scheme or under the law in force in respect of any other public service, in consequence of the injury, the Governor- General may reduce or withhold any additional 60 Pensions pension or pension payable under either paragraph (3) or paragraph (4) aforesaid in such manner as he may consider reasonable. (9) (a) Where the Governor-General is satisfied that damages have been or will be recovered by an officer in respect of an injury for which an additional pension or pension may be granted under paragraph (3) (b) or under paragraph (4), the Governor-General may take those damages into account against such additional pension or pension in such manner and to such extent as he may think fit and may withhold or reduce the additional pension or pension accordingly. (b) For the purpose of this paragraph an officer shall be deemed to recover damages whether they are paid in pursuance of a judgment or order of the court or by way of settlement or compromise of his claim and whether or not proceedings are instituted to enforce that claim. Additional pension for officers with ten and fifteen years retiring on ill health. 25. Where an officer who has been transferred from other public service and whose aggregate service would have rendered him eligible, had it been wholly under the Government of Belize, for a pension under these regulations is compulsorily retired from the public service in the circumstances mentioned in regulation 4 (2), he may, if at the time he is in public service under the Government of Belize, be granted from the funds of Belize the additional pension allowed by that regulation as well as the pension granted under regulation 9, 10 or 11 as the case may be. Gratuity and reduced pension. 26.-(1) Any officer to whom a pension is granted under the Act may at his option exercisable as in this regulation provided, be paid in lieu of such pension a pension at the rate of three- Pensions 61 fourths of such pension together with a gratuity equal to twelve and half times the amount by which such pension is reduced, Provided that in the application of this regulation to cases where the limitation prescribed by section 10 (4) of the Act operates, the words “such pension” shall mean the amount of pension which the officer might have drawn from the funds of Belize if he has not exercised his option under this regulation. (2) An option exercisable in accordance with this regulation, (a) shall be exercisable, and if exercised, may be revoked, before the date of the officer’s retirement or, with the permission of the Governor-General, at any time between that date and the date of the final award of the pension granted to him under the Act; (b) shall be exercised or revoked by notice in writing addressed either to the Permanent Secretary (Establishment) or to the Government; (c) shall be deemed to have been exercised or revoked on the date on which such notice is received. (3) If an officer who has not exercised an option in accordance with this regulation dies after he has retired but before a pension has been granted to him under the Act, the Governor-General may, if he thinks fit, grant to his legal personal representative a gratuity and reduced pension as provided in paragraph (1), as if the officer has exercised the option before his death. 62 Pensions Gratuities for officers who have served in non-pensionable officers. 27.-(1) Where an officer to whom this regulation applies retires or resigns from public service under the Government of Belize after serving in that public service for not less than five years, he may be granted by the Governor-General a gratuity at the rate herein specified for each complete year of service, that is to say, (a) for each of the first five years, one week’s pay; (b) for each of the next five years, two weeks’ pay; (c) for each additional year, four weeks’ pay. (2) This regulation applies to an officer who holds, (a) a non-pensionable office, (b) a pensionable office in which he is not serving on probation and (if his appointment to that office is subject to confirmation) in which he has not been confirmed and who is not eligible for the grant of a pension, gratuity or other allowance under the Act (other than a pension under regulation 24 (4) or for the grant, under the terms of service, of a gratuity or a benefit under any other scheme of superannuation. (3) For the purpose of this regulation, (a) “pay” means pay at the date of the officer’s retirement or resignation and includes personal allowance and house allowance and any other allowance that the Governor- General may think fit to include; Pensions 63 (b) an officer who having held a non-pensionable office holds a pensionable office in which he is serving on probation shall be deemed to hold a non-pensionable office and his pay shall be deemed to be the pay last received by him in respect of the non-pensionable office he previously held or the pensionable emoluments of the pensionable office held by him, whichever is the greater; (c) in calculating the period in which any officer has served in public service under the Government of Belize, (i) subject to any general or special directions that may be given by the Governor-General, only continuous service terminating at his retirement or resignation shall be taken into account; (ii) no regard shall be had to any period of service for which he is eligible for the grant of or has been granted a pension, gratuity or other allowance under the Act (other than a pension under regulation 24 (4)) or, as provided under his terms of service, a gratuity or a benefit under any other scheme of superannuation.