Circumstances in which pension is payable

(1) Subject to the provisions of this Act, a pension shall be paid to any person who was a legislator on the twenty-first day of September, 1981 or became or becomes a legislator after that date; and, (a) has served as a legislator for periods amounting in the aggregate to ten years or for two full parliamentary terms amounting to a period of eight years or more, whichever is less; (b) has ceased to be a legislator; and (c) either, (i) has attained the age of fifty-five years; or (ii) not having attained the age of fifty-five years has produced medical evidence to the satisfaction of the Minister, that he is incapable by reason of infirmity of mind or body of discharging the duties of a legislator and that such infirmity is likely to be permanent. (2) In determining for the purposes of this Act the length of service of any person as a legislator, account shall be taken of his former legislative service, Provided that contributions at the rate and for the period and in the manner specified in section 4 shall be payable by him. (3) For the purpose of this section, 8 (a) a person does not cease to be a legislator by reason only of the dissolution of the National Assembly; (b) a person who immediately before the dissolution of the National Assembly was a member of either House shall cease to be such member if he is not elected or nominated to either House at the general election next following the dissolution, and if he so ceases shall be deemed to have ceased to be a legislator from the date of the dissolution aforesaid. (4) No computation of a pension under this Act shall be made after a general election until thirty days (or such longer period not exceeding three months as may be prescribed) has elapsed after the general election. (5) Where a person ceases to be a legislator but is not eligible for a pension under this Act by virtue of the provisions of subparagraph (1) (c) (i) then, notwithstanding subsection (1), the pension for which he would have been eligible at the date when he ceased to be a legislator, together with any additional benefits that he would have received after that date, shall be paid to him with effect from the date on which he attains the age specified in subparagraph (1) (c) (i), if at that date, (a) he has not applied for or received a refund of contributions under section 13 of this Act; and (b) he is not otherwise disqualified for the payment of a pension under this Act. (6) Where the legislator would have become eligible for the payment of a pension at a date earlier than that on which he did become so eligible, had he satisfied the requirement specified 9 in section 5 (1) (b) of this Act, on becoming eligible for the payment of that pension he is entitled to receive, in addition to the pension for which he is eligible, any benefits he would have received had he satisfied the requirement specified in section 5 (1) (b) of this Act on that earlier date. (7) A person who is not a member of the National Assembly at the commencement of this Act, but who may be eligible for a pension under this Act, shall submit an application in writing to the Clerk of the National Assembly no later than one year after such commencement, giving full particulars of his eligibility.