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Pensions Act

LAWS OF TONGA

1988 Revised Edition]

CHAPTER 8

PENSIONS ACT

Arrangement of Sections

Section
1 Short title.
2 Pensions to be charged on revenue.
3 Payment in capital sum.
4 Privy Council may make pension regulations.
5 Age from which pensions may be granted.
6 Certificate required as to conduct.
7 Cases of extraordinary merit.
8 Maximum pension grantable.
9 Maximum pension when officer entitled to pension from another source.
10 Compulsory retirement.
11 Pension not of right.
12 Pensions not to be assignable.
13 Pensions to cease on conviction.
14 Pensions to cease on bankruptcy.
15 Gratuity to estate where officer dies in the service.
16 Gratuity to estate of pensioner.
17 Gratuity where officer holding non-pensionable post dies.
18 Repeal of previous regulations.
19 Subsequent Service in Tonga Defence Services.

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PENSIONS ACT

Ord. No. 4 of 1915; Acts No. 11 of 1936, 18 of 1949, 4 of 1953, 11 of 1961, 7 of 1968, 11 of 1973, 11 of 1983.

AN ACT RELATING TO PENSIONS

Commencement [7th April 1915]

1 Short title.

This Act may be cited as The Pensions Act.

2 Pensions to be charged on revenue.

There shall be charged on and paid out of the general revenue of the Kingdom all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance in accordance with this Act and with any regulations made thereunder to persons who have been in the public service of the Kingdom.

3 Payment in capital sum.

Any recurrent payment which may be made under this Act or any regulations made under this Act may, with the consent of Privy Council, be made in a capital sum on such conditions as Privy Council may impose. (Inserted by Act 7 of 1968.)

4 Privy Council may make pension regulations.

It shall be lawful for His Majesty with the consent of the Privy Council from time to time to make and when made to vary and revoke regulations for the granting of pensions, gratuities and other allowances to persons who have been in the public service of the Kingdom. Every such regulation shall be published in the Gazette:

Provided that until such regulations shall be made the regulations contained in the Schedule to this Act shall be in force.

5 Age from which pensions may be granted

No public officer shall be entitled to a retiring allowance in respect of any service while under the age of 20 years.

6 Certificate required as to conduct.

Except in cases of abolition or reorganization of office no pension, gratuity or other allowance shall be granted to any public officer who has not attained the age of 50 years unless on medical evidence to the satisfaction of the Privy Council that he is incapable by reason of infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent:

Provided that if the officer although not suffering from any particular illness or infirmity of mind or body likely to be permanent becomes unfit in the opinion of the Privy Council for the discharge of the duties of the office to which he has been appointed and such unfitness is not attributable to misconduct or gross negligence if the Privy Council consider that the special circumstances of the case justify the grant of a pension to him he may with the consent of the Privy Council be retired on a pension and be pensioned at a rate of pension not exceeding that for which he would be qualified if he were suffering from an illness or infirmity likely to be permanent:

Provided further that if an officer is transferred to other public service as defined under regulations under this Act and ultimately retires at an age being less than 50 years at which he is permitted by the laws or regulations of that service to retire with a pension the pension which may be granted to him from the revenue of the Kingdom under this Act and the regulations thereunder shall be payable from the date of retirement of such officer notwithstanding that he shall not be 50 years of age. (Amended by Act 11 of 1936, and Act 11 of 1973.)

7 Cases of extraordinary merit.

It shall be lawful for the Privy Council in cases where services of peculiar and extraordinary merit have been rendered by a public officer distinctly outside the duties in respect of which his salary is paid to sanction the grant of a pension at a higher rate than that which may for the time being be authorized by any regulation made under this Act.

8 Maximum pension grantable.

No pension granted under this Act except as provided by the foregoing section shall exceed two-thirds of the highest salary drawn by an officer at any time in the course of his service.

9 Maximum pension when officer entitled to pension from another source.

Where an officer eligible for a pension under this Act is also eligible for a pension in respect of other public service, the maximum pension which may be granted under this Act shall in ordinary cases be such an amount as when added to such other pension shall not exceed two-thirds of the highest salary drawn by such officer at any time in the course of his service.

10 Compulsory retirement.

(1) His Majesty may with the consent of Privy Council require any public officer (other than a police officer) to retire from the public service of the Kingdom at any time after that public officer has attained the age of 60 years.

(2) His Majesty may with the consent of Privy Council require a public officer who is a police officer to retire from the police force of the Kingdom at any time after that police officer has attained the age of 50 years.

(3) A public officer who is a police officer shall, unless he is retained and his service is prolonged in case of emergency, retire from the police force of the Kingdom when he has attained the age of 55 years. (Substituted by Act 7 of 1968.)

11 Pension not of right.

No officer shall have an absolute right to compensation for past services or to any pension gratuity or other allowance under this Act or under any regulations made thereunder nor shall anything herein or in such regulations contained limit the right of the Crown to dismiss any officer without compensation.

12 Pensions not to be assignable.

No pension granted under this Act or any regulations made thereunder shall be assignable or transferable or liable to be attached sequestrated or levied upon for or in respect of any debt or claim whatsoever.

13 Pensions to cease on conviction.

If any person to whom a pension has been granted under this Act or under any regulations made thereunder is convicted before any Court in the Kingdom of any crime or offence for which he is sentenced to death or penal servitude or transportation or any term of imprisonment with hard labour exceeding 12 months and does not within 3 months after such conviction receive His Majesty's free pardon then and in every such case pension shall forthwith cease:

Provided always that in the case of a person who after conviction as above described receives His Majesty's free pardon at any time the Privy Council may if it thinks fit restore the pension if he resides in the Kingdom.

14 Pensions to cease on bankruptcy.

If any person to whom a pension has been granted under this Act becomes a bankrupt then such pension shall cease forthwith:

Provided always that in any case where a pension ceases by reason of the bankruptcy of the pensioner it shall be lawful for the Privy Council from time to time during the remainder of such pensioner's life or during such shorter period or periods either continuous or discontinuous as the Privy Council shall think fit to pay all or any part of the money to which such pension would have been entitled by way of pension had he not become a bankrupt to or apply the same to the maintenance or personal support or benefit of all or any exclusive of the other or others of the following persons namely: such pensioner and any wife, child or children of his in such proportion and manner as the Privy Council thinks proper.

15 Gratuity to estate where officer dies in the service.

Where an officer holding a pensionable office who is not serving on probation or agreement dies while in the service of the Kingdom it shall be lawful for His Majesty in Council to grant to his legal personal representative in a capital sum or by instalments a gratuity of an amount not exceeding one year's pensionable emoluments. In every case such gratuity shall be available for the payment of all debts and funeral and testamentary expenses of the officer. (Added by Act 18 of 1949.)

16 Gratuity to estate of pensioner.

Where an officer to whom a pension has been granted under this Act dies leaving either a wife or a legitimate child or children under the age of 21 years it shall be lawful for His Majesty in Council in his sole discretion to grant to such wife or legitimate child or children in a capital sum or by instalments a gratuity of an amount not exceeding the equivalent of one year's pension. In every case such gratuity shall be available for the payment of all debts and funeral and testamentary expenses of the deceased pensioner. (Added by Act 18 of 1949.)

17 Gratuity where officer holding non-pensionable post dies.

Where an officer holding a non-pensionable post who is not serving under the terms of an agreement and who has served for a period of not less than 20 years continuously, dies while in the service of the Kingdom it shall be lawful for His Majesty in Council to grant to his legal personal representative in a capital sum or by instalments a gratuity of an amount not exceeding 75 per centum of the basic annual salary being earned by the officer at his death or on the date when his last illness commenced. In each case such gratuity shall be available for the payment of all debts and funeral and testamentary expenses of the officer. (Added by Act 4 of 1953.)

18 Repeal of previous regulations.

Nothing in this Act contained shall either diminish or affect the rights acquired by any person, or the pensions granted to any persons who have retired from the public service of the Kingdom, before the coming into operation of this Act. Save as aforesaid the provisions of this Act shall apply to all public officers now or hereafter serving in the Kingdom and to those who having so served have been transferred to public service elsewhere.

19 Subsequent Service in Tonga Defence Services.

This Act may apply to regular members of the Tonga Defence Services where a regular member has had previous service in His Majesty's Civil Service in a permanent position immediately prior to his enlistment in the Tonga Defence Services and such a member shall be regarded as having served continuously for pensionable purposes, providing he has attained the permanent rank of Sergeant at the time of retirement from the Tonga Defence Services and subject to the approval of His Majesty in Council in each case. (Substituted by Act 11 of 1961.)

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