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PENSIONS (INCREASE) ORDINANCE
(CAP. 33)
(GOLD COAST)
Ordinances Nos.
2
of 1948, 43 of 1950.
McCarthy Cap. 29.
McCarthy Cap. 30.
Cap. 31.
As amended by
PENSIONS (INCREASE) (AMENDMENT)
CAP. 33A 1
ARRANGEMENT OF SECTIONS
Section
1. Short Title.
2. Interpretation.
3. Increase of Certain Pensions.
4. Increases to be Charged on
General Revenue of the Gold Coast.
5. Penalty for False Statements.
6. Certain Provisions of Caps. 29
and 30 of the 1936 Revision
Applied.
SCHEDULE
Schedule
AN ORDINANCE TO PROVIDE FOR THE
INCREASE OF CERTAIN PENSIONS
GRANTED UNDER THE PENSIONS
(EUROPEAN OFFICERS) ORDINANCE AND
THE PENSIONS (NON-EUROPEAN
OFFICERS) ORDINANCE, OR PAYABLE
UNDER THE PENSIONS (WIDOWS AND
ORPHANS) ORDINANCE.
Date of Commencement: 1st April,
1948.
Section 1—Short Title.
This Ordinance may be cited as the
“Pensions (Increase) Ordinance.”
Section 2—Interpretation.
In this Ordinance, unless the
context otherwise requires—
“pension authority” means, in
relation to any pension, the
authority by whom the pension is
payable.
Section 3—Increase of Certain
Pensions.
Cap. 31
(1) Subject to the provisions of
this Ordinance, a pension granted
under the provisions of the
Pensions (European Officers)
Ordinance or the Pensions
(Non-European Officers) Ordinance*
or payable under the provisions of
the Pensions (Widows and Orphans)
Ordinance or granted or payable
under any Ordinance or Ordinances
hereafter amending or replacing
any of such Ordinances shall be
increased by an amount calculated
in accordance with the provisions
of the Schedule to this Ordinance.
(2) A pension payable under the
Pensions (European Officers)
Ordinance or the Pensions
(Non-European Officers) Ordinance,
or any Ordinance replacing either
of those Ordinances, and awarded
under the revised conditions of
service shall be increased only by
the minimum increase provided
under this Ordinance save in any
case where the amount of such
pension plus such minimum increase
is less than the amount which the
pensioner would have received
under the pre-revision conditions
of service, taking into account
the increase thereon provided for
by this Ordinance, and in any such
case the pension shall be
increased by an amount
representing the difference
between such increased
pre-revision pension and the
pension awarded him under the
revised conditions. For the
purposes of this subsection the
expression “revised conditions of
service” means the conditions of
pension and service under the Gold
Coast Government provided for in
Sessional Paper No. 1 of 1947, and
the expression “pre-revision
conditions of service” means the
conditions of pension and service
under that Government in force
when such Sessional Paper was
issued. (Substituted by 43 of
1950, s. 2.)[As amended by the
Pensions (Increase) (Amendment)
Ordinance, 1954 (CAP 33A) s.2]
Cap. 31
(3) Where a pension is payable
under the Pensions (Widows and
Orphans) Ordinance, the pension
shall not be increased in
accordance with the provisions of
this Ordinance unless—
(a) the pensioner has attained the
age of forty years; or
(b) the pensioner is under the age
of sixteen or, being sixteen or
more years of age, is receiving
full-time instruction at an
educational establishment or is
undergoing training for a trade,
profession or vocation; or
(c) the pensioner has at least one
dependant; or
(d) the pension authority is
satisfied that the pensioner is
disabled by physical or mental
infirmity.
(4) For the purposes of this
section and of the Schedule to
this Ordinance, the expression
“dependant" means, in relation to
any pensioner, any person (other
than the pensioner) with respect
to whom the pension authority is
satisfied that he is wholly or
mainly supported by the pensioner
and that his total income from any
other source does not exceed
fifty-two pounds per annum, being
either—
(a) a person who has not attained
the age of sixteen years, or who,
if he has attained that age, is
receiving full-time instruction at
an educational establishment or is
undergoing training for a trade,
profession, or vocation; or
(b) the father, mother, brother,
sister, child, uncle or aunt of
the pensioner, or of the husband
or wife of the pensioner, or of
the deceased husband or wife of
the pensioner; or
(c) the child of any such person
as is mentioned in the last
foregoing paragraph; or
(d) the stepfather or stepmother
of the pensioner; and in this
subsection the expression “child”
includes, in relation to any
person, a stepchild.
In calculating, for the purposes
of this subsection, the income of
any such person as is mentioned in
paragraph (a) thereof, no account
shall be taken of any income
accruing to that person as the
holder of a scholarship or other
educational endowment.
(5) For the purposes of this
section, a pensioner shall be
deemed to be disabled by physical
or mental infirmity if he is
permanently incapacitated by such
infirmity from engaging in any
regular full-time employment.
Section 4—Increases to be Charged
on General Revenue of the Gold
Coast.
There shall be charged on and paid
out of the general revenue of the
Gold Coast all such sums of money
as may from time to time be
required for the purpose of paying
the increases of pension
authorised to be paid by this
Ordinance.
Section 5—Penalty for False
Statements.
Any person who, for the purpose of
obtaining, either for himself or
any other person, any sum payable
by virtue of this Ordinance,
knowingly makes any false
statement or false representation,
shall be liable on summary
conviction to imprisonment for
three months or to a fine of fifty
pounds or to both such
imprisonment and fine.
Section 6—Certain Provisions of
Caps. 29 and 30 of the 1936
Revision Applied.
The provisions of sections 13, 14,
15 and 16 of the Pensions
(European Officers) Ordinance and
the provisions of sections 13, 14,
15 and 16 of the Pensions
(Non-European Officers) Ordinance
shall have effect in relation to
any increase payable under this
Ordinance as they have effect in
relation to the pension in respect
of which the increase is payable.
SCHEDULE
1. In this Schedule the expression
“authorised increase” means an
increase of a pension authorised
by the provisions of section 3 of
this Ordinance.
2. In the case of a pension
payable either under the* Pensions
(European Officers) Ordinance or
under the* Pensions (Non-European
Officers) Ordinance by reason of a
grant of a pension consequent upon
the death or retirement of an
officer immediately prior to the
1st day of April, 1952, and where
the pensioner is married or has at
least one dependant, then subject
to the provisions of this
Schedule—
(a) if the pension does not exceed
sixty pounds a year, the
authorised increase shall be
eighty per centum of the amount of
the pension;
(b) if the pension exceeds sixty
pounds a year but does not exceed
seventy pounds a year, the
authorised increase shall be
forty-eight pounds a year;
(c) if the pension exceeds seventy
pounds a year but does not exceed
eighty pounds a year, the
authorised increase shall be
fifty-two pounds a year;
(d) if the pension exceeds eighty
pounds a year but does not exceed
ninety pounds a year, the
authorised increase shall be
fifty-six pounds a year;
(e) if the pension exceeds ninety
pounds a year but does not exceed
one hundred pounds a year, the
authorised increase shall be sixty
pounds a year;
(f) if the pension exceeds one
hundred pounds a year but does not
exceed one hundred and ten pounds
a year, the authorised increase
shall be sixty-four pounds a year;
(g) if the pension exceeds one
hundred and ten pounds a year but
does not exceed one hundred and
twenty pounds a year, the
authorised increase shall be
sixty-eight pounds a year;
(h) if the pension exceeds one
hundred and twenty pounds a year
but does not exceed one hundred
and thirty pounds a year, the
authorised increase shall be
seventy-two pounds a year;
(i)
if the pension exceeds one hundred
and thirty pounds a year but does
not exceed one hundred and forty
pounds a year, the authorised
increase shall be seventy-six
pounds a year;
(j) if the pension exceeds one
hundred and forty pounds a year
but does not exceed eight hundred
and twenty pounds a year, the
authorised increase shall be
eighty pounds a year;
(k) if the pension exceeds eight
hundred and twenty pounds a year
but does not exceed nine hundred
pounds a year, the authorised
increase shall be such amount as
is necessary to increase the
pension to nine hundred pounds a
year:
Provided that, save as hereinafter
provided, in any case the
authorised increase of the
aggregate of any pension and any
increase thereof payable
immediately prior to the 1st day
of April, 1952, shall not be less
than twenty-six pounds a year:
Provided further that in no case
shall the authorised increase
result in the increased pension
exceeding nine hundred pounds a
year.[As substituted by the
Pensions (Increase) (Amendment)
Ordinance, 1954 (CAP 33A), s.3(a)]
3. In the case of a pension
payable either under the *Pensions
(European Officers) Ordinance or
under the *Pensions (Non-European
Officers) Ordinance, by reason of
a grant of a pension consequent
upon the death or retirement of an
officer immediately prior to the
1st day of April, 1952, and where
the pensioner is unmarried and has
no dependants, and in the case of
a pension payable under the
Pensions (Widows and Orphans)
Ordinance, by reason of the death
of an officer, immediately prior
to the 1st day or April, 1952,
then subject to the provisions of
this Schedule—
(a) if the pension does not exceed
fifty pounds a year, the
authorised increase shall be
eighty per centum of the amount of
the pension;
(b) if the pension exceeds fifty
pounds a year but does not exceed
sixty pounds a year, the
authorised increase shall be forty
pounds a year;
(c) if the pension exceeds sixty
pounds a year but does not exceed
seventy pounds a year, the
authorised increase shall be
forty-five pounds a year;
(d) if the pension exceeds seventy
pounds a year but does not exceed
five hundred and fifty pounds a
year, the authorised increase
shall be fifty pounds a year;
(e) if the pension exceeds five
hundred and fifty pounds a year
but does not exceed six hundred
pounds a year, the authorised
increase shall be such amount as
is necessary to increase the
pension to six hundred pounds a
year:
Provided that, save as hereinafter
provided, in any case the
authorised increase of the amount
of the aggregate of any pension
and any increase thereof payable
immediately prior to 1st day of
April, 1952, shall not be less
than twenty pounds a year:
Provided further that in no case
shall the authorised increase
result in the increased pension
exceeding six hundred pounds a
year. (Proviso amended by 26 of
1954, s. 3.)[As substituted by the
Pensions (Increase) (Amendment)
Ordinance, 1954 (CAP 33A), s.3(b)]
Cap. 31
4. Where a pension is payable
under the Pensions (Widows and
Orphans) Ordinance by reason of
the death of an officer on or
after the first day of April,
1952, and the registered pension,
which under the provisions of that
Ordinance is payable is less than
the pension, as increased by the
provisions of this Ordinance,
which would have been payable had
the officer died in similar
circumstances on the 31st March,
1952, the pension payable shall be
increased by such amount as will
render the total pension payable
equal to that, as so increased,
payable had the officer so died on
the 31st March, 1952:
Cap. 31.
Provided that where an officer
continued to contribute after the
first April, 1952, the pension
which is payable under the
provisions of the Pensions (Widows
and Orphans) Ordinance shall, for
the purposes of this paragraph, be
deemed to be the registered
pension which would have been
payable under that Ordinance had
the officer contributed after 1st
April, 1952, the full contribution
which under the provisions of that
Ordinance he was eligible to
contribute.[As substituted by the
Pensions (Increase) (Amendment)
Ordinance, 1954 (CAP 33A),
s.3(c)]
5. Where a person is in receipt of
a pension under the Pensions
(European Officers) Ordinance, the
Pensions (Non-European Officers)
Ordinance or the Pensions (Widows
and Orphans) Ordinance, and is
also in receipt of a pension from
the funds of any other Colonial
Government, such pensions shall be
aggregated for the purpose of
determining the percentage by
reference to which the authorised
increase of a pension is to be
calculated, but the authorised
increase payable under the
provisions of this Ordinance shall
not exceed a sum which bears to
the increase calculated upon the
aggregated pensions the same
proportion as the pension payable
under the Pensions (European
Officers) Ordinance, the Pensions
(Non-European Officers) Ordinance
or the Pensions (Widows and
Orphans) Ordinance bears to the
aggregate of the pensions of which
such person is in receipt.
(Amended by 43 of 1950, s. 2.)[As
amended by the Pensions (Increase)
(Amendment) Ordinance, 1954 (CAP
33A), s.3(d)]
6. Where a person is in receipt of
a pension under the Pensions
(European Officers) Ordinance or
the Pensions (Non-European
Officers) Ordinance, and the
husband or wife of that person is
also in receipt of a pension under
that Ordinance, such pensions
shall not be aggregated for the
purpose of determining the
percentage by reference to which
the authorised increase is to be
calculated. (Amended by 43 of
1950, s. 7.)
7. Where there are more persons
than one receiving pensions under
the Pensions (Widows and Orphans)
Ordinance in respect of the same
contributor, then each of the
pensions shall, for the purpose of
determining the percentage by
reference to which the authorised
increase is to be calculated, be
deemed to be of an amount equal to
the aggregate amount of such
pensions.
8. Where under any law for the
time being in force a pension is
not payable to the pensioner, but
is payable to some other person,
the pensioner shall, for the
purposes of this Schedule, be
deemed to be in receipt thereof.
FOOTNOTE
*The Pensions (European Officers)
and The Pensions (Non-European
Officers) Ordinances were
respectively Caps. 29 and 30 in
the 1936 Revised Edition. These
Ordinances were replaced by Cap.
30 in the present Revised Edition. |
