LAWS OF GOLD COAST

PENSIONS ORDINANCE NO. 42 OF 1950 (CAP 30)

(Gold Coast.)

As amended

ARRANGEMENT OF SECTIONS

Section

1. Short Title and Commencement.

2. Interpretation.

3. Pension Regulations.

4. Law Applicable to Grant of Pension or Gratuity.

5. Pensions, etc., to be Charged on Revenues of the Gold Coast.

6. Pensions, etc., not of Right.

7. Circumstances in which Pension may be Granted.

8. Retirement for Inefficiency.

9. Compulsory Retirement.

10. Maximum Pension.

11. Suspension of Pension on Re-Employment.

12. Pensions, etc., not to be Assignable.

13. Pensions, etc., to Cease on Bankruptcy.

14. Pensions, etc., may Cease on Sentence to Term of Imprisonment.

15. Pensions, etc., may Cease on Accepting Certain Appointments.

16. Gratuity where an Officer Dies in the Service.

17. Pensions to Dependants when an Officer is Killed on Duty.

18. Application of Ordinance.

18A. Special Provisions Relating to Judges.

19. Palestine Service to be deemed to Continue until Appointment elsewhere, etc.

20. Saving of Rights. Cap. 29 and Cap. 30 of 1936 Edition of the Laws. No 36 of 1940 No. 37 of 1940.

SCHEDULE

Schedule

AN ORDINANCE TO PRESCRIBE THE PENSIONS, GRATUITIES AND ALLOWANCES PAYABLE TO OFFICERS IN THE PUBLIC SERVICE OF THE GOVERNMENT OF THE GOLD COAST.

Date of Commencement: 1st January, 1946.

Section 1—Short Title and Commencement.

This Ordinance may be cited as the “Pensions Ordinance,” and shall be deemed to have come into operation on the 1st day of January, 1946, which date is hereinafter in this Ordinance referred to as the commencement of this Ordinance.

Section 2—Interpretation.

(1) In this Ordinance, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

Expatriate Officer.

“expatriate officer” means an officer who is declared to be such by the Government of the Gold Coast;

Expatriation  Pay

“expatriation pay” means such additions as may from time to time be attached to the salary of an office where the holder of such office is an “expatriate officer”;

Junior Civil Service.

“Junior Civil Service” means any division or branch of the Civil Service of any West African Government exclusive of the "Senior Civil Service";

New Conditions of Service.

“new conditions of service” means the terms of service which took effect from the 1st January, 1946, as from time to time amended;

Non-Pensionable Office.

“non-pensionable office” means an office which is not a pensionable office;

Other Public Service.

“other public service” means public service not under the Government of the Gold Coast;

Pensionable Office.

“pensionable office " means—

(a) in respect of service in the Gold Coast, an office which has been declared by the Governor by a notification published in the Gazette to be pensionable under this Ordinance with effect from such date, whether before or after the date of publication, as may be specified in the notification; and any such notification may from time to time be amended, added to, or revoked, by another notification so made and published:

Provided that where by virtue of any such amendment or revocation any office ceases to be a pensionable office, then so long as any person holding that office at the time of the amendment or revocation continues therein, the office shall, as respects that person, continue to be a pensionable office;.[As substituted by the Pensions (Amendment) Ordinance, 1953 (CAP 30A), s.2]

(b) in respect of other public service an office which is for the time being a pensionable office under the law or regulations in force in such service;

Pensionable Emoluments.

“pensionable emoluments”—

(a) in respect of service in the Gold Coast includes (except insofar as may be otherwise provided by regulations under this Ordinance)—

(i) Salary,

(ii) Expatriation pay, and

(iii) Personal allowance;

but does not include entertainment allowance or any other emoluments whatever;

(b) in respect of other public service means emoluments which count for pension in accordance with the law or regulations in force in such service;

Personal Allowance.

“personal allowance” means a special addition to salary granted personally to the holder for the time being of the office, but does not include such an addition if it is granted subject to the condition that it shall not be pensionable;

Public Service.

“public service” means service in a civil capacity under the Government of the Gold Coast or the Government of any part of Her Majesty's dominions or of any British Protectorate, Protected State or Mandated or Trust Territory administered by the Government of any part of Her Majesty's dominions or of the New Hebrides or the Anglo-Egyptian Sudan, or service which is pensionable under the Teachers' Superannuation Act, 1925, or any Act amending or replacing the same, or under the Colonial Superannuation Scheme, or under the Teachers' Pensions Ordinance, 1955, or in a Colonial University College, or pensionable employment under a Local Authority in the United Kingdom, or such other service as the Government may determine to be "public service" for the purpose of any provision of this Ordinance, and, except for the purposes of computation of pension and gratuity and of section 10 of this Ordinance, includes service as a Governor-General, Governor or High Commissioner in any part of Her Majesty's dominions, any British Protected State or Protectorate, any Mandated or Trust Territory administered by the Government of any part of Her Majesty's dominions or the Anglo-Egyptian Sudan;[As amended by The Pensions (Amendment) Ordinance, 1956 (No. 3 of 1956), s.2(1) and (No. 5 of 1957), s.2 and further amended by The Pensions (Amendment) Ordinance, 1957 (No 52 of 1959), s.2]

Salary.

“salary” means the salary attached to a pensionable office or, where provision is made for taking service in a non-pensionable office into account as pensionable service, the salary attached to that office;

Senior Civil Service.

“Senior Civil Service” means the division or branch of the Civil Services of any West African Government which is so designated by such Government;

Gold Coast.

“the Gold Coast” includes Togoland under United Kingdom Trusteeship;

West Africa.

“West Africa” includes the territories administered respectively by the Governments of the Gold Coast, Nigeria, Sierra Leone and the Gambia and any adjacent territories administered by any such  Governments;

West African Government.

“West African Government” means a British West African Government.

(2) For the avoidance of doubts it is hereby declared that, where an officer has been confirmed in a pensionable office and is thereafter appointed to another pensionable office, then unless the terms of such appointment otherwise require, such last mentioned office is, for the purposes of  this Ordinance, an office in which he has been confirmed:

Provided that an officer who, being the holder of a  pensionable post in the Junior Service and who has been confirmed in that office and who is appointed to a pensionable post in the Senior Service shall, subject to the terms and conditions of such appointment, be deemed to be a confirmed officer in the Junior Service until the conditions of his appointment to the Senior Service have been fulfilled; in which case he shall be deemed to be a confirmed officer in that appointment in the Senior Service.

Section 3—Pension Regulations.

Schedule.

(1) Pensions, gratuities and other allowances may be granted by the Governor in Council in accordance with the regulations contained in the Schedule to officers who have been in the public service of the Gold Coast.

The said regulations may from time to time be amended, added to, or revoked by regulations made by the Governor in Council, and all regulations so made shall be laid before the Legislative Assembly and published in the Gazette.[As amended by The Pensions (Amendment) Ordinance, 1957 (No.5 of 1957), s.3]

Schedule.

(2) All regulations made under this section shall have the same force and effect as if they were contained in the Schedule, and the expression  “this Ordinance” shall, wherever it occurs in this Ordinance, be construed as including a reference to the said Schedule.

(3) Whenever the Governor in Council is satisfied that it is equitable that any regulation made under this section should have retrospective effect in order to confer a benefit upon or remove a disability attaching to any person, that regulation may be given retrospective effect for that purpose:

Provided that no such regulation shall have retrospective effect unless it has received the prior approval of the Legislative Assembly signified by resolution.

Section 4—Law Applicable to Grant of Pension or Gratuity.

Subject to the provisions of this Ordinance and of regulations thereunder, any pension or gratuity granted under this Ordinance shall be computed in accordance with the law or regulations in force on the date of the public officer's retirement.

Section 5—Pensions, Etc., to be Charged on Revenues of the Gold Coast.

There shall be charged on and paid out of the revenues of the Gold Coast all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance in pursuance of this Ordinance.

Section 6—Pensions, Etc., not of Right.

(1) No officer shall have an absolute right to compensation for past services or to pension, gratuity, or other allowance; nor shall anything in this Ordinance affect the right of the Crown to dismiss any officer at any time and without compensation.

(2) Where it is established to the satisfaction of the Governor, acting on advice of the Public Service Commission, in Council that an officer has been guilty of negligence, irregularity or misconduct, the pension, gratuity, or other allowance may be reduced or altogether withheld.[As amended by The Pensions (Amendment) Ordinance, 1957 (No. 5 of 1957), s.4]

Section 7—Circumstances in which Pension may be Granted.

No pension, gratuity or other allowance shall be granted under this Ordinance to any officer except on his retirement from the public service in one of the following cases—

(1) On or after attaining the age of forty-five years, subject, unless the officer has attained the age of fifty years, to six months notice in writing of desire to retire having been given by the officer to the Establishment Secretary, unless the Governor sees fit to waive this condition.[As amended by The Pensions (Amendment) Ordinance, 1957 (No. 5 of 1957), s.5(a)]

(2) On compulsory retirement under the provisions of section 9.

(3) In the case of transfer to other public service, on or after attaining the age at which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity.

(4) On the abolition of his office.

(5) On compulsory retirement 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.

(6) On medical evidence to the satisfaction of the Governor  that he is incapable by reason of any infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent.[As amended by The Pensions (Amendment) Ordinance, 1957 (No. 5 of 1957), s.5(b)]

(7) In the case of removal on the ground of inefficiency as provided in this Ordinance.

(8) On retirement in order to become a Chief or the servant of a Native Authority, if the Governor in Council is satisfied that the retirement is desirable on grounds of public policy.

(9) On retirement in circumstances, not mentioned in the preceding paragraphs, rendering him eligible for a pension under the Pensions (Governors of Dominions, etc.) Acts, 1911 to 1947, or any Act amending or replacing those Acts:

Provided that a gratuity may be granted to a female officer, in accordance with the provisions of this Ordinance, who retires for the reason that she is about to marry or at any time during a marriage contracted while she is in the public service notwithstanding that she is not otherwise eligible under this section for the grant of any pension, gratuity or other allowance: [As amended by the Pensions (Amendment) Ordinance, 1956 (No. 3 of 1956), s.3]

Provided further that members of Queen Elizabeth's Colonial Nursing Service, who were appointed after the 1st day of June, 1928 and prior to the 12th day of August, 1935 shall be regarded as having attained the age of forty-five years if their aggregate public service in West Africa at the date of retirement amounts to fifteen years of which not less than ten have been residential.

Section 8—Retirement for Inefficiency.

Where an officer is removed from his office on the ground of his inability to discharge efficiently the duties thereof, and a pension, gratuity or other allowance cannot otherwise be granted to him under the provisions of this Ordinance, the Governor, acting on the advice of the Public Service Commission in Council, may, if he considers it justifiable having regard to all the circumstances of the case, grant such pension, gratuity or other allowance as he thinks just and proper not exceeding in amount that for which the officer would be eligible if he retired from the public service in any of the circumstances described in paragraph (6) of the preceding section.[As amended by The Pensions (Amendment) Ordinance, 1957 (No. 5 of 1958), s.6]

Section 9—Compulsory Retirement.

(1) No officer shall be retained in the public service of the Gold Coast after he has attained the age of fifty-five years save in exceptional circumstances and with the approval of the Governor, acting on the advice of the Public Service Commission.[As amended by The Pensions (Amendment) Ordinance, 1957 (No. 5 of 1957), s.7(a)]

(2) It shall be lawful for the Governor, acting on the recommendation of the Public Service Commission, to require an officer to retire from the public service of the Gold Coast at any time after he attains the age of forty-five years, subject to six months notice in writing of such requirement being given to the officer by the Establishment Secretary.[As amended by The Pensions (Amendment) Ordinance, 1957 (No. 5 of 1957),s.7(b),(c) & (d).]

(3) It shall be lawful for the Governor to require a female officer to retire from the public service of the Gold Coast on marriage or at any time during marriage. [As amended by the Pensions (Amendment) Ordinance, 1956 (No. 3 of 1956), s.4]

Section 10—Maximum Pension.

A pension granted to an officer under this Ordinance shall not exceed the final pensionable emoluments drawn by him at the time of his retirement.[As substituted by the Pensions (Amendment) Decree, 1978 (SMCD 166) s.1]

Section 11—Suspension of Pension on Re-Employment.

(1) If an officer to whom a pension has been granted under this Ordinance is appointed to another office in the public service, the payment of his pension may, with his consent and if the Governor thinks fit, be suspended during the period of his re-employment.

(2) Where, prior to the 6th day of April, 1940, an officer has been granted a pension under any Gold Coast Ordinance providing for the granting of pensions, and has subsequently been re-appointed to the public service of the Gold Coast, he may be granted on his final retirement, in lieu of his previous pension, a pension computed as if the periods of his service had been continuous, and such pension may be based on his pensionable emoluments on his previous or final retirement from the public service of the Gold Coast, whichever are greater.

Section 12—Pensions, Etc., not to be Assignable.

A pension, gratuity or other allowance granted under this Ordinance shall not be assignable or transferable except for the purpose of satisfying—

(1) a debt due to the Government; or

(2) an Order of any Court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child of the officer to whom the pension, gratuity or other allowance has been granted;

and shall not be liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatever except a debt due to the Government.

Section 13—Pensions, Etc., to Cease on Bankruptcy.

(1) If any person to whom a pension or other allowance has been granted under this Ordinance, or under any previous laws or regulations, is adjudicated bankrupt or is declared insolvent by judgment of any competent Court, then such pension or allowance shall forthwith cease.

(2) If any person is adjudicated bankrupt or declared insolvent as aforesaid either—

(a) after retirement in circumstances in which he is eligible for pension or allowance under this Ordinance, or under any previous laws or regulations, but before the pension or allowance is granted; or

(b) before such retirement, and he shall not have obtained his discharge from bankruptcy or insolvency at the date of retirement,

then, in the former case any pension or allowance eventually granted to him shall cease as from the date of adjudication or declaration as the case may be and, in the latter case, the pension or allowance may be granted, but shall cease forthwith and not become payable.

(3) Where a pension or allowance ceases by reason of this section, it shall be lawful for, the Governor, from time to time during the remainder of such person's life, or during such shorter period or periods, either continuous or discontinuous, as the Governor shall think fit, to direct all or any part of the moneys to which such person would have been entitled by way of pension or allowance, had he not become bankrupt or insolvent, to be paid to, or applied for the maintenance or benefit of all or any, to the exclusion of the other or others, of the following, that is to say, such person and any wife, child or children of his, and, if wholly or mainly dependent on him for support, his father and his mother, in such proportions and manner as the Governor, thinks proper, and such moneys shall be paid or applied accordingly.[As amended by The Pensions (Amendment) Ordinance, 1957 (No. 5 of 1957), s.9(a)]

(4) Moneys applied for the discharge of the debts of the person whose pension or allowance has so ceased shall, for the purposes of this section, be regarded as applied for his benefit.

(5) When a person whose pension or allowance has so ceased obtains his discharge from bankruptcy or insolvency, it shall be lawful for the Governor, to direct that the pension or allowance shall be restored as from the date of such discharge or any later date, and the pension or allowance shall be restored accordingly.[As amended by The Pensions (Amendment) Ordinance, 1957 (No. 5 of 1957), s.9(b)]

Section 14—Pensions, Etc., may Cease on Sentence to Term of Imprisonment.

(1) If any person to whom a pension or other allowance has been granted under this Ordinance is sentenced to a term of imprisonment by any competent Court for any offence, such pension or allowance shall, if the Governor, so directs, cease as from such date as the Governor, determines.[As amended by The Pensions (Amendment) Ordinance, 1957 (No. 5 of 1957), s.10(a)]

(2) If any person is sentenced as aforesaid after retirement in circumstances in which he is eligible for pension or allowance under the Ordinance but before the pension or allowance is granted, then the provisions of the foregoing subsection shall apply as respects any pension or allowance which may be granted to him.

(3) Where a pension or allowance ceases by reason of this section it shall be lawful for the Governor, to direct all or any part of the moneys to which such person would have been entitled by way of pension or allowance had he not been sentenced as aforesaid, to be paid, or applied, in the same manner in all respects as prescribed in the preceding section, and such moneys shall be paid or applied accordingly.[As amended by The Pensions (Amendment) Ordinance, 1957 (No. 5 of 1957), s.10(b)]

(4) If such person after conviction at any time receives a free pardon, the pension or allowance shall be restored with retrospective effect; but in determining whether arrears of such pension or allowance are payable to such  person and in computing the amount thereof, account shall be taken of all moneys paid or applied under the preceding subsection.

Section 15—Pensions, Etc., may Cease on Accepting Certain Appointments.

If any person to whom a pension or other allowance has been granted under this Ordinance or under any previous laws or regulations, otherwise than under section 17, becomes either a director of any company the principal part of whose business is in any way directly concerned with the Gold Coast, or an officer or servant employed in the Gold Coast by any such company, without the prior permission of the Governor in writing, such pension or allowance shall cease if the Governor so directs:

Provided that it shall be lawful for the Governor, on being satisfied that the person in respect of whose pension or allowance any such direction shall have been given has ceased to be a director of such company or to be employed as an officer or servant of such company in the Gold Coast, as the case may be, to give directions for the restoration of such pension or allowance, with retrospective effect, if he shall see fit, to such a date as he shall specify, and the pension or allowance shall be restored in accordance with any such directions.

Section 16—Gratuity Where an Officer Dies in the Service.

(1) Where an officer holding a pensionable office, and who is not on probation or agreement, or an officer holding a non-pensionable office to which he has been transferred from a pensionable office in which he has been confirmed, dies while in the service of the Gold Coast, it shall be lawful for the Governor in Council to grant to his legal personal representative, or in a case where there is no legal personal representative to any person being a relative of such officer, a gratuity of an amount not exceeding the amount of his annual pensionable emoluments.

(2) Where such an officer is not an expatriate officer, it shall be lawful for the Governor in Council to grant a gratuity of an amount not exceeding his annual pensionable emoluments to any relative or relatives of such officer who has or have been nominated by him to receive the same. Any such nomination shall be in writing, signed by the officer, and deposited by him with the head of his department.  In case more than one relative is nominated, the proportions in which such relatives shall share the gratuity shall be stated in the nomination paper:

Provided that in the event of no such nomination being made, or of the person nominated or of one or more of the persons nominated predeceasing the officer, it shall be lawful for the Governor in Council to grant to the personal representative of the deceased officer such gratuity or such portion thereof as may not have been paid to a person nominated on account of his death as aforesaid.

(2A) Notwithstanding the provisions of subsections (1) and (2) of this section, where, if the officer had retired at the date of his death a pension might have been granted to him under this Ordinance, or might have been so granted but for the provisions of section 7 of this Ordinance, the amount of a gratuity under this section shall be an amount not exceeding—

(a) the amount of the gratuity which would be payable under regulation 26 of the Pensions Regulations (which gives an officer to whom a pension is granted the option of converting part of the pension into a gratuity) assuming—

(i) that he had so retired after exercising that option, and

(ii) that a pension had been granted to him under this Ordinance, or

(b) the amount of his annual pensionable emoluments, whichever is the greater, and in determining the amount of the pension under sub-paragraph (ii) of paragraph (a) of this subsection in the case of an officer whose public service was not wholly under the Government of Ghana it shall be assumed that the whole of his public service was under the Government of Ghana.[As inserted by The Pensions (Amendment) Act, 1958 (No.48 of 1958)]

(3) For the purpose of this section, “annual pensionable emoluments” means the emoluments which would be taken for the purpose of computing any pension or gratuity granted to the officer if he had retired at the date of his death in the circumstances described in paragraph (6) of section 7.

Section 17—Pensions to Dependants When an Officer is Killed on Duty.

(1) Where an officer dies as a result of injuries received—

(a) in the actual discharge of his duty, and

(b) without his own default, and

(c) on account of circumstances specifically attributable to the nature of his duty,

while in the public service of the Gold Coast, it shall be lawful for the Governor in Council to grant, in addition to the grant, if any, made under the provisions of section 16—

(i) if the deceased officer leaves a widow, a pension to her, while unmarried and of good character, at a rate not exceeding ten-sixtieths of his annual pensionable emoluments at the date of the injury or fifteen pounds a year, whichever is the greater;

(ii) if the deceased officer leaves a widow to whom a pension is granted under the preceding paragraph and a child or children, a pension in respect of each child, until such child attains the age of twenty-one years, of an amount not exceeding one-eighth of the pension prescribed under the preceding paragraph;

(iii) if the deceased officer leaves a child or children, but does not leave a widow or no pension is granted to the widow, a pension in respect of each child, until such child attains the age of twenty-one years, of double the amount prescribed by the preceding paragraph;

(iv) if the deceased officer leaves a child or children and a widow to whom a pension is granted under paragraph (i) and the widow subsequently dies, a pension in respect of each child as from the date of the death of the widow until such child attains the age of twenty-one years, of double the amount prescribed in paragraph (ii);

(v) if the deceased officer does not leave a widow, or if no pension is granted to his widow, and if his mother was wholly or mainly dependent on him for her support, a pension to the mother, while of good character and without adequate means of support, of an amount not exceeding the pension which might have been granted to his widow:

Provided that—

(a) pensions shall not be payable under this subsection at any time in respect of more than six children; and

(b) in the case of a pension granted under paragraph (v), if the mother is a widow at the time of the grant of the pension and subsequently remarries, such pension shall cease as from the date of re-marriage; and if it appears to the Governor in Council, at any time that the mother is adequately provided with other means of support, such pension shall cease as from such date as the Governor may determine;[As amended by The Pensions (Amendment) Ordinance, 1957 (No. 5 of 1957), s.11]

(c) a pension granted to a female child under this section shall cease upon the marriage of such child under the age of twenty-one years;

(d) where a deceased officer, not being an expatriate officer, leaves more than one widow, or children born of more than one marriage, or any persons wholly or in part dependent upon him for their support, or it is for any other reason impracticable to grant a pension or pensions in the manner prescribed in any of the preceding provisions of this subsection, the Governor in Council may grant a pension or pensions, not exceeding in the aggregate the total value of the pensions which might be granted at any one time under the said provisions hereof, to such widows, children or dependants:

Provided always that the amount of any one pension shall not exceed in the case of one or more adult persons or in the case of a child the pension which might have been granted to a widow or a child respectively under the said provisions.

(2) In the case of an officer not holding a pensionable  office, the expression "pensionable emoluments" in the preceding subsection shall mean the emoluments enjoyed by him which would have been pensionable emoluments if the office held by him had been a pensionable office.

(3) For the purposes of this section the word "widow", save where it occurs in proviso (d) to subsection (1), means a sole widow.

(4) For the purposes of this section the word “child” shall include—

(a) a posthumous child;

(b) a step-child or illegitimate child born before the date of the injury and wholly or mainly dependent upon the deceased officer for support; and

(c) an adopted child, adopted in a manner recognised by law, before the date of the injury, and dependent as aforesaid.

(5) If an officer proceeding by a route approved by the Governor to or from the Gold  Coast at the commencement or termination of his public service therein, or of a period of leave therefrom, dies as the result of damage to the vessel, aircraft or vehicle in which he is travelling, or of any act of violence directed against such vessel, aircraft or vehicle, and the Governor is satisfied that such damage or act is attributable to circumstances arising out of war in which Her Majesty may be engaged, such officer shall be deemed, for the purposes of this section, to have died in the circumstances described in subsection (1).

(6) An officer who dies as a result of injuries received while travelling by air in pursuance of official instructions  shall be deemed to have died in the circumstances detailed in paragraphs (a) and (c) of subsection (1) of this section:

Provided that in such a case, and if paragraph (b) of the said subsection is also satisfied, the rates of pension prescribed in paragraphs (i) and (ii) of that subsection shall be fifteen-sixtieths and one-sixth respectively.

Cap. 94.

(7) This section shall not apply in the case of the death of any officer selected for appointment to the public service of the Gold Coast on or after the 1st day of July, 1942, if his "dependants", as defined in the Workmen's Compensation Ordinance, or any Ordinance replacing that Ordinance, are entitled to compensation thereunder.

Section 18—Application of Ordinance.

The provisions of this Ordinance shall apply—

(1) to every officer first appointed or transferred under the new conditions of service to the public service of the Gold Coast on or after the 1st day of January, 1946;

(2) to officers appointed to the public service of the Gold Coast on or after the 1st day of January, 1946, who have exercised the option to accept the new conditions of service;

(3) to officers serving in the public service of the Gold Coast on the 1st day of January, 1946, who have exercised the option to accept the new conditions of service; and

(4) to any officer serving in the public service of the Gold Coast who, having elected not to accept such new conditions of service, has, after the date of such election. accepted promotion within the public service in West Africa.

Section 18A—Special Provisions Relating to Judges.

(1) The provisions of sections 8 and 9 of this Ordinance shall not apply to any Judge of the Supreme Court appointed after the fourth day of May, 1954.

(2) This Ordinance shall have effect in relation to a Judge of the Supreme Court, as if—

(a) there were substituted for paragraph (1) of section 7 of this Ordinance the following paragraph—

(1) On or after attaining the age of sixty-two years;

(b) there were added after the word “permanent”, in paragraph (6) of section 7, the word “or on removal from office on the ground of infirmity of body or mind”;

(c) there were inserted in section 7, immediately after paragraph (9), the following paragraph—

(10) on retirement from the office of a Judge of the Supreme Court in order to take up another office in the public service, if the Governor is satisfied that the retirement is desirable on grounds of public policy:;

(d) there were substituted for the provisions of the Ordinance which require a minimum of ten years public service in a civil capacity as a prerequisite to the grant of a pension the prerequisite that there should be a minimum of seven years’ service as a Judge of the Supreme Court;

(e) on retirement on or after attaining the age of sixty-two years, or on retirement or removal from office in circumstances to which paragraph (c) or (g) of this subsection refers, each of the first seven years of service as a Judge of the Supreme Court were two years public service;

(f) service only as a Judge of the Supreme Court counted for the purpose of computation of pension; and

(g) for the provisions which enable the grant of a gratuity on retirement on the grounds of permanent infirmity of body or mind there were substituted provisions enabling the Governor to grant to a Judge of the Supreme Court, on such retirement or on removal from office on the ground of infirmity of body or mind irrespective of whether he has completed seven years’ service as a Judge of the Supreme Court, a pension in accordance with the other provisions of this Ordinance:

Provided that a Judge of the Supreme Court who immediately before his appointment as a Judge, or if appointed a Judge after such a break in public service as may be disregarded for the purpose of determining whether such public service is continuous, immediately before such break, held an office in the public service may at his option expressed at the time of retirement or removal from office be granted a pension or gratuity as if the foregoing provisions of this subsection were inapplicable to him and, in the case of a Judge appointed after the fourth day of May, 1954, as if there were substituted for paragraph (1) of section 7 of the Ordinance the following paragraph—

(1) On or after attaining the age of fifty years.

(3) The provisions of subsections (1) and (2) of this section shall not apply to the President or Justices of Appeal of the West African Court of Appeal, except in a case where, prior to retirement, a person has been both a Judge of the Supreme Court and President or a Justice of Appeal of the West African Court of Appeal, in which case—

(a) the actual period of service as a Judge of the Supreme Court shall be the only period to which the provisions permitting each of the first seven years of service as a Judge of the Supreme Court to count as two years service shall apply, and

(b) notwithstanding that the retirement is from the office of President or Justice of Appeal of the West African Court of Appeal, the retirement shall for the purposes of this section, be deemed to be from the office of a Judge of the Supreme Court. (31 of 1954, s. 2.)[As inserted by The Pensions (Amendment) Ordinance 1953, s.3 and Pensions (Amendment) Ordinance, 1956 (No. 3 of 1956), s.5]

Section 19—Palestine Service to be Deemed to Continue until Appointment Elsewhere, Etc.

For the purposes of this Ordinance any person holding office in the public service of the Government of Palestine immediately before the 15th day of May, 1948, shall be deemed to continue in his office until either he is appointed to the public service elsewhere, or, if he is not so appointed, he retires or is removed from office.

Section 20—Saving of Rights. Cap. 29 and Cap. 30 of 1936 Edition of the Laws. No 36 of 1940 No. 37 of 1940.

For the avoidance of doubts it is hereby declared that the repeal of the Pensions (European Officers) Ordinance, the Pensions (Non-European Officers) Ordinance, the Pensions (European Officers’ War Service) Ordinance, 1940, and the Pensions (Non-European Officers’ War Service) Ordinance, 1940, has not affected the application of such Ordinances and the Regulations thereunder to those officers who, by the provisions of section 18 of this Ordinance, are excluded from the application of this Ordinance, and nothing herein contained shall be deemed to affect the existing rights of any such officers.[As inserted by the Pensions (Old Conditions of Service) (Extension of Rights) Ordinance, 1955 (No. 27 of 1955), s.2]

SCHEDULE

SECTION 3.

REGULATIONS FOR THE GRANTING OF PENSIONS, GRATUITIES AND ALLOWANCES TO OFFICERS IN THE PUBLIC SERVICE OF THE GOVERNMENT OF THE GOLD COAST.

PART I—PRELIMINARY.

Regulation 1—Short Title.

These Regulations may be cited as the Pensions Regulations.

Regulation 2—Interpretation.

In these Regulations, unless the context otherwise requires—

"pensionable service" means public service which may be taken into account in computing pension under these Regulations;

"qualifying service" means public service which may be taken into account in determining whether an officer is eligible by length of service for pension, gratuity or other allowance;

Cap. 30.

"the Ordinance" means the Pensions Ordinance.

PART II—OFFICERS WITHOUT OTHER PUBLIC SERVICE.

Regulation 3—Application of Part II.

This Part shall not apply in the case of any officer transferred to or from the public service of the Gold Coast 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 such services had been wholly in the Gold Coast.

Regulation 4—Pensions, to Whom and at What Rates to be Granted.

Subject to the provisions of the Ordinance and of these Regulations the pension for any officer who was holding a pensionable post in the public service on the 31st day of December, 1971 shall be at the annual rate of one-six hundredth part of his pensionable emolument for each completed month of his pensionable service.[As substituted by The Pensions (Amendment) Decree, 1972 (NRCD 74), s.1] 

Regulation 5—Gratuities where Length of Public Service does not Qualify for Pension.

Every officer, otherwise qualified for a pension, who has not completed the minimum period of public service qualifying him 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 him under regulation 4:

Provided that in the case of an officer, other than an expatriate officer, who was first appointed to the public service of the Gold Coast on or before the date of publication of the Ordinance in the Gazette, the gratuity which may be granted under this regulation shall be at the rate of three-quarters of a month's pensionable emoluments for each complete six months of service.

Regulation 6—Marriage Gratuities.

Where a female officer having been in the public service of the Gold Coast for not less than five years, and having been confirmed in a pensionable office, retires from the public service of the Gold Coast for the reason that she has married or is about to marry, and is not eligible for the grant of any pension or otherwise eligible for gratuity under regulation 5, she may be granted, on production within six months after her retirement, or such longer period as the Governor may in any particular case allow, of satisfactory evidence of her marriage, a gratuity not exceeding one-eighth of a month's pensionable emoluments for each complete month of public service in the Gold Coast:

Provided that in the case of a member of the Queen Elizabeth's Colonial Nursing Service who is an expatriate officer, and was appointed before the 1st day of June, 1946, this regulation shall have effect as if the words “for not less than five years” were omitted therefrom:

Provided further that the maximum gratuity which may be granted under this regulation shall not exceed one year's pensionable emoluments.

PART III—TRANSFERRED OFFICERS.

Regulation 7—Application of Part III.

This Part shall apply only in the case of an officer transferred to or from the public service of the Gold Coast from or to other public service.

Regulation 8—Interpretation.

In this Part and Part VI—

House Allowance.

“house allowance” means the estimated value of free quarters as defined by the law or regulations relating to the granting of pensions in force immediately before the commencement of the Ordinance;

Scheduled Government.

“Scheduled Government” means the Government of any territory, or any authority, mentioned in the Schedule to these Regulations, and includes the Government of Ceylon, in respect of any officer appointed to the service of that Government prior to the 4th February, 1948, and the Government of Palestine, in respect of any officer appointed to the service of that Government prior to the 15th May, 1948;

Service in the Group.

“service in the Group” means service under the Government of the Gold Coast and under a Scheduled Government or Scheduled Governments.

Regulation 9—Pension for Services Wholly within the Group.

(1) Where the other public service of an officer to whom this Part applies has been wholly under one or more Scheduled Governments and his aggregate public service would have qualified him had it been wholly in the Gold Coast for a pension under the Ordinance, he may, on his retirement from the public service in circumstances in which he is permitted by the law or regulations of the public service in which he is last employed to retire on pension or gratuity, be granted in respect of his public service in the Gold Coast 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 public service been wholly in the Gold Coast, as the aggregate amounts of his pensionable emoluments during his public service in the Gold Coast 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 public service had been wholly in the Gold Coast—

(a) in the application of regulation 17 his pensionable emoluments shall be determined by reference to the pensionable emoluments enjoyed by him at the date of retirement from the public service or during the three years preceding that date, as the case may be, except that where the officer is not serving under a Scheduled Government at that date, the date upon which he was last transferred from the public service of a Scheduled Government shall be deemed to be the date of his retirement for the purposes of this sub-paragraph;

(b) no regard shall be had to an additional pension under regulations 23, 24 or 25;

(c) regard shall be had to the condition that pension may not exceed two-thirds of his highest pensionable emoluments;

(d) no period of other public service under a Scheduled Government in respect of which no pension or gratuity is granted to him 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 public service under a Scheduled Government  in respect of which no pension or gratuity is granted to him;

(b) where under regulation 18 one-half only of any service in a civil capacity otherwise than in a pensionable office is taken into account as pensionable service, one-half only of the officer’s aggregate pensionable emoluments during such service shall be taken into account for the calculation aforesaid.

(4) In determining for the purposes of this regulation the aggregate amount of an officer’s pensionable emoluments during his public service in the Gold Coast, such pensionable emoluments shall include house allowance in respect of such service prior to the 1st day of January, 1946, or prior to the date on which he began to receive salary under the new conditions of service, whichever is later.

(5) Where an  expatriate officer entered the public service prior to the 1st day of January, 1930, his pension in respect of his public service in the Gold Coast may be calculated as though any Scheduled Government under which he has served had not been included in Schedule I to these Regulations, if this should be to his advantage.

(6) For the purposes of this regulation the service hereinafter referred to in this paragraph shall be deemed to be public service under a Scheduled Government, namely—

No. 18 of 1943. No. 26 of 1943. No. 18 of 1944. No. 29 of 1945.

(a) service under a Town Council established under the provisions of the* Kumasi Town Council Ordinance, 1943, the* Accra Town Council Ordinance, 1943, the* Cape Coast Town Council Ordinance, 1944 or the* Sekondi-Takoradi Town Council Ordinance, 1945; and

Cap. 64.

(b) service under a District, Urban or Local Council established under the Local Government Ordinance which may be taken into account as pensionable service under a scheme for the payment of pensions and gratuities to officers and persons who have been employed by such Council and to the legal personal representatives, estate or dependants, of such officers and persons who die while so employed, when such scheme is declared by Order to be an approved scheme for the purposes of this Ordinance.;[As inserted by The Pensions (Amendment) Ordinance 1958, s.4(a)]

(6) For the purposes of this regulation the service hereinafter referred to in this paragraph shall be deemed to be public service under a Scheduled Government, namely—

No. 18 of 1943. No. 26 of 1943. No. 18 of 1944. No. 29 of 1945.

(a) service under a Town Council established under the provisions of the* Kumasi Town Council Ordinance, 1943, the* Accra Town Council Ordinance, 1943, the* Cape Coast Town Council Ordinance, 1944 or the* Sekondi-Takoradi Town Council Ordinance, 1945; and

Cap. 64.

(b) service under a District, Urban or Local Council established under the Local Government Ordinance which may be taken into account as pensionable service under a scheme for the payment of pensions and gratuities to officers and persons who have been employed by such Council and to the legal personal representatives, estate or dependants, of such officers and persons who die while so employed, when such scheme is declared by Order to be an approved scheme for the purposes of this Ordinance.;[As inserted by The Pensions (Amendment) Ordinance 1953 s.4(a)]

Regulation 10—Pension where Other Public Service not within the Group.

(1) Where the other public service of an officer to whom this Part applies has not included service under any of the Scheduled Governments, and his aggregate service would have qualified him, had it been wholly in the Gold Coast, for a pension under these Regulations, he may, on his retirement from the public service in circumstances in which he is permitted by the law or regulations of the public service in which he is last employed to retire on a pension or gratuity, be granted in respect of his public service in the Gold Coast a pension—

(a) in the case of an expatriate officer, at the annual rate of one six-hundredth part of his pensionable emoluments for each complete month of his pensionable service in the Gold Coast;

(b) in the case of any other officer—

(i) in respect of public service prior to the 1st day of January, 1946, at the annual rate of one seven-hundredth and twentieth part;

(ii) in respect of public service subsequent to the 31st day of December, 1945, at the rate of one six-hundredth part;

of his pensionable emoluments for each complete month of his pensionable service in the Gold Coast.

(2) Where the officer is not in the public service of the Gold Coast at the time of such retirement, his pensionable emoluments for the purposes of the preceding paragraph shall be those which would have been taken for the purpose of computing his pension if he had retired from the public service and been granted a pension at the date of his last transfer from the public service of the Gold Coast.

Regulation 11— Pension When Other Public Service Both within and not within the Group.

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 Governments; the provisions of regulation 9 shall apply; but in calculating the amount of pension, regard shall be had only to service in the Group.

Regulation 12—Gratuities Where Length of Public Service Does not Qualify for Pension.

Where an officer to whom this Part applies retires from the public service in circumstances in which he is permitted by the law or regulations of the public service in which he is last employed to retire where on pension or gratuity, but has not completed the minimum period of public service qualifying him for a pension, he may be granted in respect of his public service in the Gold Coast 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.

Regulation 13—Marriage Gratuities.

A female officer to whom this Part applies who retires for the reason that she has married, or is about to marry, and—

(a) if the whole of her public service had been in the Gold Coast, would have been eligible for a gratuity under regulation 6; and

(b) if she is at the date of her retirement from other public service, eligible for a gratuity under the law or regulations of the public service in which she is last employed;

may, if she is not eligible for the grant of any pension or otherwise eligible for gratuity under this Part, be granted a gratuity which bears to the gratuity for which she would be eligible if the whole of her public service had been in the public service in which she is last employed the proportion which her public service in the Gold Coast  bears to her total public services:

Provided that for the purpose of computing such an officer's total public service under this regulation, no regard shall be had to any public service under a Government which does not grant a gratuity to her in consequence of her retirement:

Provided further that the maximum gratuity which may be granted under this regulation shall not exceed one year's pensionable emoluments.

PART IV—GENERAL

Regulation 14—General Rules as to Qualifying Service.

(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 half or full 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.

(2) No period during which an officer was not in public service shall be taken into account as qualifying service.

(3) No period which is not qualifying service by virtue of the foregoing paragraphs shall be taken into account as pensionable service.

Regulation 15—Continuity of Public Service.

(1) Except as otherwise provided in these Regulations, only continuous service shall be taken into account as qualifying service or as pensionable service:

Provided that any break in public service caused by temporary suspension of employment not arising from misconduct or voluntary resignation shall be disregarded for the purposes of this paragraph.

(2) An officer—

(a) whose pension has been suspended under section 11 of the Ordinance or under a corresponding provision in any law or regulation 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 the Teachers (Superannuation) Act, 1925, with a view to entering public service not being service pensionable under the said Act and has, not later than three months after leaving such first mentioned service, received any salary in respect of employment in public service not so pensionable,

may, if the Governor in Council 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—

(i) any pension previously granted to him from the funds of the Gold Coast; and

(ii) 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.

Regulation 15A—Service Interrupted on Certain Occasions Deemed to be Continuous Service.

Notwithstanding the provisions of regulation 15—

(a) where an officer absented himself from duty without leave during the period from the seventh day of January, 1950, to and including the nineteenth day of January, 1950, and—

(i) was not dismissed from the public service of the Gold Coast; or

(ii) was dismissed from the public service of the Gold Coast in consequence thereof and made application for re-engagement in the public service before the 31st day of July, 1951, and has been re-engaged in the public service of the Gold Coast; and

(b) where an officer absented himself from duty without leave on the 5th October, 1949, and—

(i) was not dismissed from the public service of the Gold Coast; or

(ii) was dismissed from the public service of the Gold Coast in consequence thereof and made application for re-engagement in the public service before the 31st day of July, 1951, and has been re-engaged in the public service of the Gold Coast, the service of such officer shall be deemed to be continuous service for the purpose of determining the eligibility of the officer for a grant of pension, gratuity or other allowance:

Provided that the period of absence shall not be taken into account as qualifying service or in computing the amount of such grant.;[As inserted by The Pensions (Amendment) Ordinance 1953, s.4(b)]

Regulation 16—Leave without Salary.

No period during which an officer shall have been absent from duty on leave without salary shall be taken into account as pensionable service unless such leave shall have been granted on grounds of public policy with the approval of the Governor or the Secretary of State.

Regulation 17—Emoluments to be taken for Computation of Pensions, Etc.

For the purpose of computing the amount of an officer's pension or gratuity—

(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 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, the 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 the case of an officer who has been transferred on promotion to or promoted within the public service in West Africa, within a period of three years prior to the date of his retirement and who retires during the period beginning on the 1st day of January, 1946, and ending on the 31st, day of December, 1948, the pensionable emoluments enjoyed by him at the date of his retirement shall be taken;

(cc)  in the case of an officer who has been transferred on promotion to or promoted within the public service in the Gold Coast, within a period of three years prior to the date of his retirement and who retires during the period beginning on the 1st day of April, 1952, and ending on the 31st day of March, 1955, the pensionable emoluments enjoyed by him at the date of his retirement shall be taken;[As inserted by The Pensions (Amendment) Ordinance 1953, s.4(c)]

(d) in the case of an officer retired on the ground of ill-health, the annual pensionable emoluments enjoyed by him at the date of his retirement in respect of the office then held by him shall be taken, unless it would be more favourable to him to take the pensionable emoluments which would have been taken but for this paragraph, when the last-mentioned emoluments shall be taken:

Provided that this paragraph shall not apply—

(i) in the case of an expatriate officer appointed or re-appointed to the public service of the Gold Coast on or after the 1st day of August, 1943; or

(ii) in the case of any other officer appointed or re-appointed to the public service of the Gold Coast on or after the 1st day of January, 1946;

(e) in other cases one-third of the aggregate pensionable emoluments enjoyed by the officer in respect of his public service during the three years of his public service immediately preceding the date of his retirement shall be taken:

Provided further 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 pensionable emoluments shall be taken;

(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 increments which, in the opinion of the Governor, would have been granted to him, the annual pensionable emoluments which would have been so enjoyed shall be taken;

(iii) for the purpose of calculating pensionable emoluments under this paragraph the officer shall, subject to the provisions of regulation 18, be deemed to have been on duty on full pensionable emoluments throughout the said three years.

Regulation 18—Public Service in a Non-Pensionable Office.

Subject to the provisions of these Regulations, only service in a pensionable office shall be taken into account as pensionable service:

Provided that—

(a) where a period of public service in a civil capacity otherwise than in a pensionable office is immediately followed by service in a pensionable office and the officer is confirmed therein, one-half of such period may, with the approval of the Governor in Council, be so taken into account;

(aa) notwithstanding the provisions for paragraph (a) of this proviso where a period of public service in a civil capacity in a non-pensionable office, under a contract for a specified period, (whether renewable or otherwise) on terms that implied that on conversion to pensionable terms is immediately followed by service in a pensionable office, and the officer is confirmed therein and renounces the right to any gratuity under such contract, the whole of such period of service in a non-pensionable office may be taken into account;[As inserted by The Pensions (Amendment) Ordinance 1953 s 4(d)]

(b) a break in public service which may be disregarded under the provisions of regulation 15 may likewise be disregarded in determining for the purposes of the preceding proviso whether one period of public service immediately follows another period of such service;

(c) where an officer has been transferred from a pensionable office in which he has been confirmed to a non-pensionable office and subsequently retires either from a pensionable office or a non-pensionable office, his service in the non-pensionable office may, with the approval of the Governor in Council, 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;

(d) where a period of public service in a non-pensionable office is taken into account under this regulation, the officer shall, during that period, be deemed for the purposes of regulations 6, 23 and 24 of these Regulations to be holding a pensionable office,  and where that period is taken into account under the preceding proviso, to have been confirmed therein.

Regulation 19—Option given to Officer.

Notwithstanding anything contained in the preceding regulation, if it shall be to his advantage, the pension of an officer in the public service of the Gold Coast or in other public service on the 24th day of August, 1940, who shall before that date have served in a civil capacity otherwise than in a pensionable office, may be calculated on the following conditions, namely—

(a) where service in a pensionable office has been immediately preceded by an unbroken period of public service in a civil capacity in an appointment other than a pensionable office, or of public service in a civil capacity paid for out of an open vote, such period, or any part of such period, may be taken into account in computing pension or gratuity;

(b) of the period of public service paid for out of an open vote only two-thirds shall be counted for the purpose of these Regulations.

Regulation 20—Acting Service in a Pensionable Office.

Acting service in a pensionable office may, when continuous with permanent employment, be allowed to count as service qualifying for pension or gratuity, provided that the period of such acting service has not been taken into account as part of the public service of the previous holder of the office or as part of the officer's other public service.

Regulation 21—Public Service not Qualifying for Pension.

(1) Save as otherwise provided in these Regulations, there shall not be taken into account as pensionable service—

(a) any period of public service while the officer was under the age of eighteen years; or

(b) any period of public service while he was on probation or agreement, unless without break of such service he is confirmed in a pensionable office in the public service:

Provided that any break of such service which may be disregarded under the provisions of regulation 15 may likewise be disregarded in determining whether the officer is confirmed in a pensionable office without break of public service.

(2) Service, whether in a pensionable office or a non-pensionable office, under a contract the terms of which provide for the payment of a gratuity shall, notwithstanding the provisions of the proviso to regulation 18 of these Regulations, be taken into account as pensionable service as to the whole or part thereof, as the case may be, only if any gratuity paid under such contract is refunded.;[As inserted by The Pensions (Amendment) Ordinance 1953, s.4(e)]

Regulation 22—Incomplete Months of Public Service.

Where under these Regulations, a pension is computed in two parts in relation to two separate periods of an officer's public service, and the number of odd days not constituting a complete month in both periods amounts to thirty or more, one month shall for the purpose of computing his pension be added to the period containing the greater number of odd days:

Provided that where in these circumstances the numbers of odd days in both periods are the same, one month shall be so added to one period or the other according to which course is to the officer's advantage.

PART V—SUPPLEMENTARY.

Regulation 23—Abolition of Office and Re-Organisation.

If an officer holding a pensionable office retires from the public service in consequence of the abolition of 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—

(1) he may, 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 regulations 4, 9, 10 or 11 as the case may be, as if the words “for ten years or more” were omitted from regulation 4;

(2) he may, if he retires from the public service of the Gold Coast, be granted an additional pension at the annual rate of one-sixtieth of his pensionable emoluments for each complete period of three years' pensionable service:

Provided that—

(a) the addition shall not exceed ten-sixtieths; and

(b) the addition together with the remainder of the officer's pension shall not exceed the pension for which he would have been eligible if he had continued to hold his office until he attained the age of fifty-five years, having received all increments for which he would have been eligible at that date:

Provided further that in the case of female European officers (other than members of Queen Elizabeth's Colonial Nursing Service) who were appointed to the public service after the 1st day of June, 1946, members of Queen Elizabeth's Colonial Nursing Service whenever they were appointed to the public service, and female non-European officers who were appointed to the public service on or after the 27th day of December, 1939, the addition together with the remainder of the officer's pension shall not exceed the pension for which she would have been eligible if she had continued to hold her office until she attained the age of forty-five years, having received all increments for which she would have been eligible at that date.

Regulation 24—Officers Retiring on Account of Injuries.

(1) If an officer holding a pensionable office in which he has been confirmed is permanently injured—

(a) in the actual discharge of his duty; and

(b) without his own default; and

(c) on account of circumstances specifically attributable to the nature of his duty;

(i) he may, if his retirement is thereby necessitated or materially accelerated and he has not completed the minimum period of public service qualifying him for a pension, be granted, in lieu of any gratuity under regulation 5 or regulation 12, a pension under regulations 4, 9, 10 or 11, as the case may be, as if the words  “for ten years or more” were omitted from regulation 4;

(ii) he may, if so injured while in the public service of the Gold Coast, be granted on retirement an additional pension at the 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—

where 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 in Council shall think reasonable where the injury is not the sole cause of retirement:

Provided further that the annual value of his total pension shall not exceed fifty-sixtieths of his pension- able emoluments at the date of the injury.

(2) An officer so injured while in the public service of the Gold Coast, not holding a pensionable office, or holding 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 might be granted to him under sub-paragraph (1) (ii) of this regulation if his office were a pensionable office and he had been confirmed therein.

(3) The provisions of regulation 26 shall not apply to an additional pension granted under sub-paragraph (1) (ii) or to a pension granted under paragraph (2) of this regulation.

(4) If an officer proceeding by a route approved by the Governor to or from the Gold Coast at the commencement or termination of his public service therein, or of a period of leave therefrom, is permanently injured as the result of damage to the vessel, aircraft or vehicle in which he is travelling or of any act of violence directed against such vessel, aircraft or vehicle and the Governor is satisfied that such damage or act is attributable to circumstances arising out of war in which Her Majesty may be engaged, such officer shall be deemed for the purposes of this regulation to have been injured in the circumstances described in paragraph (1) of this regulation.

(5) An officer who is permanently injured while travelling by air in pursuance of official instructions shall be deemed to have been injured in the circumstances detailed in sub-paragraphs (a) and (c) of paragraph (1) of this regulation:

Provided that in such a case, and if sub-paragraph (b) of the said paragraph is also satisfied, the rates of pension prescribed in that paragraph shall be seven and a half-sixtieths; fifteen-sixtieths; twenty-two and a half-sixtieths and thirty-sixtieths respectively.

Cap. 94.

(6) Neither sub-paragraph (1) (ii) nor paragraph (2) of this regulation shall apply in the case of an officer selected for appointment to the public service of the Gold Coast on or after the 1st day of July, 1942, who, in consequence of his injury, is entitled to compensation under the Workmen's Compensation Ordinance, or any Ordinance replacing that Ordinance.

Regulation 25—Expatriate Officers Retiring on Account of Ill-Health.

An expatriate officer, to whom Part VI does not apply, and who retires from the public service of the Gold Coast in the circumstances set out in subsection (6) of section 7 of the Ordinance and at the date of retirement has completed not more than twenty years public service may be granted, in addition  to the pension which he may be granted under these Regulations, a pension at the rate of one six-hundredth part of his pensionable emoluments on retirement for each period of three months by which his said public service at the date of retirement falls short of twenty years, or by which his age at such date falls short of fifty years, or of forty-five years in the case of a member of the Queen Elizabeth’s Colonial Nursing Service, whichever is less:

Provided that no addition under this regulation shall be granted in the case of an officer to whom an award on account of injuries is made in accordance with regulation 24, and no regard shall be had to any addition under this regulation in computing for the purposes of regulation 5, the pension which might have been granted to an officer if there were no minimum period of service qualifying him for a pension.

Regulation 26—Gratuity and Reduced Pension.

(1) Any officer to whom a pension is granted under the Ordinance may, at his option exercisable on or before the date of his retirement, be paid in lieu of such pension a pension at the rate of three-fourths of such pension together with a gratuity equal to twenty times the amount of the reduction so made in the pension:[As amended by The Pensions (Amendment) Decree 1972 (NRCD 74) s.3]

Provided that the Governor may, if it appears to him equitable in all the circumstances so to do, allow him to exercise the option or revoke an option previously exercised at any time between that date and the actual date of award of pension under the Ordinance:

Provided further that in the application of this regulation to cases where the limitation prescribed by subsection (2) of section 10 of the Ordinance operates, the words "such pension" shall mean the amount of pension which the officer might have drawn from the funds of the Gold Coast if he had not exercised his option under this regulation.

(2) Subject to the provisions of paragraph (1) of this regulation, if an officer has exercised the option, his decision shall be irrevocable.

(3) Where an officer dies after he has finally retired, and has failed, owing to circumstances outside his control, to exercise his option under this regulation, it shall be lawful for the Governor in Council to grant a reduced pension and a gratuity, as if the officer before his death had elected therefor under this regulation.

PART VI—APPLICATION OF OLD PENSION CONDITIONS.

Regulation 27—Application of Part VI. No. 7 of 1937

This Part shall apply in the case of every expatriate officer first appointed to the public service in West Africa prior to the 12th day of August, 1935, to whom neither regulation 2 nor regulation 3 of the Pensions (European Officers) (Amendment) Regulations 1937, applied on the 31st day of December, 1945, and who at the date of his retirement from the public service held a pensionable office in the Gold Coast or had been transferred from the public service of the Gold Coast to other public service.

Regulation 28—Computation of Pension or Gratuity.

(1) For the purpose of computing the pension or gratuity to be awarded to an officer to whom this Part applies, the provisions of paragraph (2) shall have effect—

(a) in the case of an officer who has accepted the new conditions of service in exercise of his option thereunder, in respect of public service prior to the 1st day of January, 1946;

(b) in the case of an officer who has not exercised his option thereunder if he has been promoted to or within West Africa after the 31st day of December, 1945, in respect of public service prior to the date of such promotion.

(2) Regulations 4, 9, 10, 11 and 24 shall have effect as if in regulations 4 and 10 for the expression "one six-hundredth" were substituted the expression "one four-hundred and eightieth."

(3) For the purpose of computing the pension or gratuity to be awarded to an officer, no regard shall be had to paragraph (2)—

(a) in the case of an officer to whom sub-paragraph (1) (a) of this regulation applies, in respect of public service after the 31st day of December, 1945;

(b) in the case of an officer to whom sub-paragraph (1) (b) of this regulation applies, in respect of public service on and after the date of his said promotion.

(4) In the case of an officer who had been transferred from the public service of the Gold Coast to other public service prior to the 1st day of January, 1946, and was subsequently re-appointed to the public service of the Gold Coast on the new conditions of service, his pension in respect of his two periods of public service in the Gold Coast shall be separately computed, and in either computation the other period of public service in the Gold Coast shall be treated for the purposes of Part III as though it had been public service under another Scheduled Government:

Provided that in computing the pension in respect of the first period of service the provisions of paragraph (2) of this regulation shall have effect.

PART VII—MILITARY SERVICE.

Regulation 29—War Service to Count for Pension Purposes.

Where an officer shall have served with Her Majesty's Forces in time of war, and before so serving shall have been employed in the  public service, the following provisions shall have effect:—

(1) during the period of such service in Her Majesty's Forces, including any period after the termination of the war (in this section referred to as "military service"), he shall be deemed, for the purposes of these regulations, to have been on leave on full salary from the public service in which he was last employed, and to have held the substantive office last held by him in that service, prior to military service;

(2) during any period between his leaving the public service for the purpose of serving in Her Majesty's Forces and the date of his commencing military service, he shall, for the purposes of these regulations, be deemed to be on leave without pay, not granted on grounds of public policy, from the public service in which he was last employed, and to have held the substantive office last held by him in that service prior to military service; and during any period between the termination of his military service and the date of his re-entering the public service he shall, for the said purposes, be deemed to be on leave without pay as aforesaid from the public service, and to have held the substantive office, in which he is re-employed:

Provided that—

(a) this regulation shall not apply when either period mentioned in paragraph (2) of this regulation exceeds three months, or such longer period as the Governor, with the approval of the Secretary of State, may in any special case determine: or if the officer fails, after serving with Her Majesty's Forces, to re-enter the public service otherwise than in circumstances in which he would be permitted, under the law applicable to the public service in which he is last employed prior to military service, to retire on pension or gratuity, such circumstances arising on or before the expiration of three months, or such longer period as may be determined as aforesaid, after the termination of his military service;

(b) if during any period mentioned in paragraph (1) the officer shall in respect of his military service, have qualified for pension, or received emoluments in lieu of pension rights, paragraph (1) shall, as respects that period, have effect as if the words "leave without salary not granted on grounds of public policy" were substituted for the words “leave on full salary”;

(c) if during his military service the officer shall be injured he shall not for the purposes of regulation 24 be deemed to have been injured in the discharge of his duty;

(d) the provisions of this regulation which require that the officer shall be deemed to have held a specified office and to have been on leave from a specified service shall not apply in respect of any period during which he shall actually have held any other substantive office and have been on leave from any public service;

(e) save where in any particular case the Governor otherwise directs, this regulation shall not apply where the office in the public service last held by the officer prior to military service was not a pensionable office.

Regulation 30— Service in Her Majesty's Forces.

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 the Gold Coast or of any Scheduled Government and have not been refunded, such period shall not be taken into account as pensionable service.

PART VIII—POLICE FORCE AND PREVENTIVE SERVICE.

Regulation 31—Application of Part VIII.

This Part shall apply to members serving in the Police Force and the Preventive Service respectively on the 31st day of March, 1947, and to members appointed after that date.

Regulation 32—Interpretation.

In this Part—

“member” means and includes an officer of the Police Force not above the rank of Inspector holding a pensionable office in such Force and a member of the Preventive Service not above the rank of First Class Superintendent holding a pensionable office in such Service.

“the Police Force” means the Gold Coast Police Force.

“the Preventive Service” means the Gold Coast Customs Preventive Service.

Regulation 33—Receipt of Gratuity Under Cap. 37 Or Regs. No. 25 of 1923. Cap. 167.

(1) Where a member is at the date of his retirement eligible for a pension under these Regulations, but has received one or more gratuities under section 18 of the Police Force Ordinance or the Customs Regulations in force prior to the commencement of the Customs Ordinance, as the case may be, the following provisions shall apply—

(a) if the amount so received by way of gratuity is greater than the amount of the gratuity for which he would ordinarily be eligible if he exercised his option under regulation 26, he may be granted, in lieu of the full pension for which he would ordinarily be eligible, a pension of the annual value of such pension reduced by a one-tenth part of the amount so received by way of gratuity, and he shall not be eligible for any further gratuity;

(b) if the amount so received by way of gratuity is less than the amount of the gratuity for which he would ordinarily be eligible upon exercising his option under regulation 26, he may be granted a gratuity equivalent to the difference between these two amounts, together with a pension of three-quarters of the full pension for which he would ordinarily be eligible;

(c) in neither of the above cases shall he be eligible for an unreduced pension.

(2) Where a member dies while serving in the Police Force or in the Preventive Service, as the case may be—

(a) any amount so received by him by way of gratuity, if less than the gratuity which might ordinarily be granted under subsection (2) of section 16 of the Ordinance to relatives nominated by him, shall be deducted from the last-mentioned gratuity;

(b) if the amount so received by him by way of gratuity is greater than the gratuity which might ordinarily have been granted under subsection (2) of section 16 of the Ordinance no gratuity shall be paid thereunder.

Regulation 34—Absence of Proof of Age.

Where there is no proof of the age of a member, such member shall after twenty years of service in the Police Force or in the Preventive Service, as the case may be, for the purposes of section 7 and section 9 of the Ordinance, be deemed to have attained the age of forty-five years.

PART IX—ANNUAL ALLOWANCES.

Regulation 35—Annual Allowances.

(1) In special cases where an officer whose service has been wholly in a civil capacity otherwise than in a pensionable office, or where an officer has not held a pensionable office in which he is confirmed, if the officer has served continuously in the Gold Coast for not less than ten years, he may on retirement be granted an annual allowance, calculated at the rate of one eight-hundredth part of his aggregate annual emoluments on retirement for each complete month of service, but not exceeding the pension which he might have been granted had he been employed in a pensionable office.

(2) In special cases where a period of service in a civil capacity otherwise than in a pensionable office is followed by service in a pensionable office in which the officer is confirmed, and he has served continuously in the Gold Coast for not less than ten years, he may on retirement from a pensionable office, if it is to his advantage, be granted an annual allowance, calculated at the rate of one eight-hundredth part of his aggregate annual emoluments on retirement for each complete month of service, but in lieu of the pension for which he would be eligible under these Regulations.

SCHEDULE TO REGULATIONS.

(Regulation 8.)

Aden.

Bahamas.

Barbados.

Basutoland.

Bechuanaland Protectorate.

Bermuda.

British Guiana.

British Honduras.

British Solomon Islands Protectorate.

Cayman Islands.

Colonial Audit Department (Home Establishment).

Crown Agents for the Colonies.

Cyprus.

Dominica.

East African Railways and Habours Administration.[As inserted by The Pensions (Amendment) Ordinance 1953, s.4(g)]

Falkland Islands.

Federated Malay States.

Federation of Malaya.

Fiji.

Gambia.

Gibraltar.

Gilbert and Ellice Islands Colony.

Grenada.

Hong Kong.

Jamaica.

Kenya.

Kenya and Uganda Railways and Harbour.

Leeward Islands.

Malayan Establishment.

Malayan Union.

Malta.

Mauritius.

New Hebrides.

Nigeria.

North Borneo.

Northern Rhodesia.

Nyasaland.

St. Helena.

St. Lucia.

St. Vincent.

Sarawak.

Seychelles.

Sierra Leone.

Singapore.

Somaliland Protectorate.

Straits Settlements.

Swaziland.

Tanganyika Territory.

Tonga.

Trinidad.

Turks and Caicos Islands.

Uganda.

United Kingdom of Great Britain and Northern Island.

Zanzibar.

As amended by

PENSIONS (AMENDMENT) ORDINANCE, 1953 (CAP 30A)1

PENSIONS (OLD CONDITIONS OF SERVICE) (EXTENSION OF RIGHTS) ORDINANCE, 19955 (NO. 27 OF 1955)2

PENSIONS (AMENDMENT) ORDINANCE, 1956 (NO. 3 OF 1956)3

PENSIONS (AMENDMENT) ORDINANCE, 1957 (NO. 5 OF 1957)4

THE PENSIONS (AMENDMENT) ACT, 1958 (NO. 48 OF 1958)5

PENSIONS (AMENDMENT) DECREE, 1972 (NRCD 74)6

PENSIONS (AMENDMENT) DECREE, 1978 (SMCD 166)7