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Pensions 1979 Act

LAWS OF FIJI

CHAPTER 77

PENSIONS (1979)

TABLE OF PROVISIONS

SECTION
1. Short title
2. Interpretation
3. Pension payable
4. Cessation of pension
5. Commencement and payment of pensions
6. Pensions not to be assigned or levied upon
7. Proof of title
8. Clarification

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Acts Nos. 21 of 1979, 5 of 1981

AN ACT TO MAKE PROVISION FOR GRANTING PENSIONS TO THE
WIDOWS AND WIDOWERS OF CERTAIN PUBLIC OFFICERS

[28 March 1978]

Short title

1. This Act may be cited as the Pensions (1979) Act.

Interpretation

2. In this Act, unless the context otherwise requires-

"beneficiary" means the widow or widower of an officer;

"officer" means a person who-

(a) having retired from the service of the Government was at the time of his or her death (whether before or after the commencement of this Act) in receipt of a pension under any of the Acts; or

(b) having given the required notice to retire from the service of the Government and being qualified to receive on retirement a pension under any of the Acts continues in service after the due date of his or her retirement at the express request of the Government;

(Amended by Act 5 of 1981, s.2.)

"the Acts" means the Pensions Act, 1928, the Pensions (1938) Act and the Pensions (1958) Act.

(Ordinance No. 9 of 1928; Cap. 58, 1967 Ed.; Cap. 77, 1978 Ed.)

(Substituted by Act 5 of 1981, s.2.)

Pension payable

3.-(1) Subject to the provisions of this Act, on the death of an officer leaving a beneficiary, such beneficiary shall receive-

(a) in the case of the beneficiary of an officer to whom paragraph (a) of the definition of "officer" in section 2 applies, a pension equivalent to forty per cent of the amount which the officer was receiving under the Acts at the date of his death;

(b) in the case of the beneficiary of an officer to whom paragraph (b) of the definition of "officer" in section 2 applies, a pension equivalent to forty per cent of the amount which the officer would have been qualified to receive under the Acts at the date of his death.

(2) Notwithstanding the provisions of subsection (1), the Minister may authorise payment to a beneficiary entitled to a pension such further allowances as he may from time to time deem fit:

Provided that such allowances shall not form part of a beneficiary's pension entitlement unless the Minister so directs at the time of the introduction of such further allowances or at some later date and may be withdrawn or varied at such time as the Minister may decide unless such a directive has been given.

Cessation of pension

4.-(1) A pension payable under the provisions of this Act shall cease upon the death or re-marriage of the beneficiary.

(2) A beneficiary in receipt of a pension under this Act shall, within thirty days of the event, inform the Government in writing of his or her re-marriage.

Commencement and payment of pensions

5. A pension payable under this Act shall commence upon the death of the officer in respect of whom it is payable, shall accrue daily and shall be payable monthly.

Pensions not to be assigned or levied upon

6. No pension payable under this Act shall be assignable or transferable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever except for the purpose of satisfying a debt due to the Government.

Proof of title

7. The Government may require such proof as it deems desirable that any person claiming to be entitled to a pension is so entitled and the payment of any pension may be refused until such proof is furnished to the satisfaction of the Government.

Clarification

8. Nothing in this Act shall be construed to confer any right to a pension upon any beneficiary in respect of any period prior to the commencement of this Act.

Controlled by Ministry of Finance

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