Cap. 280 Art. 4Pension to members.

(1) Subject to the provisions of this Act, a member who has had a term of service in at least two legislatures not being in the aggregate less than sixty five months, shall, on his retirement, receive a pension at the rate of one two hundred and seventieth of his pensionable emoluments for each completed month of service up to the limit established by subarticle (4).

(2) Where on the last day of any month on which a pension is due to be paid to a person under this Act, the pension so payable together with any other service pension exceed in their aggregate the amount which would have been payable to such person under subarticle (1) if the pension had been calculated on the current pensionable emoluments applicable in his case, such person shall receive only such part of the pension otherwise payable under this Act as shall ensure that the said pensions together do not exceed the amount aforesaid: Provided that where all the pensions aforesaid are together less than the said amount, the pension otherwise payable under this Act shall be increased by such sum as shall ensure that the said pensions together make up that amount.

(3) In any case in which subarticle (2) applies, the provisions of the Social Security Act, in so far as they refer to pensions under that Act, shall apply.

(4) Subject to the provisions of subarticle (2), a pension Provided that where a member’s service is made up of an aggregate of interrupted periods of service the number of days in each of such periods in excess of completed calendar months shall be added together and any aggregate of thirty days resulting from such addition shall constitute an additional completed month.

(6) (a) The Minister may give his approval for the award of a pension to a member, who is under the age of sixty one years and who would have satisfied the entitlement conditions for the award of a pension under this Act had he reached the age of sixty one years, if, immediatley prior to his retirement, the Minister is satisfied that such member is precluded from undertaking any gainful occupation owing to some specific mental or physical infirmity.

(b) For the purposes of awarding a pension in terms of this subarticle, the Minister shall, before giving his approval, unless the claim for pension fails on other statutory conditions, consult on the medical aspects of the claim with a medical board appointed for the purpose by the Director General responsible for health and the member may for such purpose be requested to submit to such medical examination or tests as the said board may reasonably require and the Minister shall act on the recommmedations of the said board.

(c) For the purpose of this subarticle, the Director General responsible for health shall act in accordance with his individual professional judgement and shall not be subject to any direction or control from any other person or authority.