Chapter 7: Terminations (other than on disciplinary grounds) and Re-Engagement

General

700. The mandatory retiring age, is 65 years.
701. An officer may retire with the award of pension and/or gratuity before reaching the mandatory retiring age, in the following circumstances:

1. in the public interest, having regard to the conditions of The Public Service, the usefulness of the officer thereto, and all the other circumstances of the case;
2. ill health, where the officer is certified to be, incapable by reasons of infirmity of mind or body of discharging the duties of his office and the disability is likely to be permanent;
3. abolition of office, where an officer's post is no longer required, or if his services are dispensed with in order to facilitate improvements in the organization of his Department, or; on grounds of financial stringency;
4. on completion of 30 years service in a pensionable office, or; on attaining the age of 55 years.

702. The notice of termination must be advised through The Head of Department to The Permanent Secretary, who will submit it to The Permanent Secretary of The Public Service. By resigning, an officer does not divest himself of any financial obligations to Government, e.g. outstanding debts including undischarged bonds, loans and advances.
703. An officer who desires to resign for reasons which may be temporary is advised, before committing himself, to consult The Permanent Secretary of The Public Service, since it may, in some circumstances, be possible for this pension rights to be preserved.
704. All resignations must be reported to The Permanent Secretary of The Public Service, giving, where possible, the reasons for the resignation.
705. An option, as of right, to take on retirement a reduced pension and a gratuity is given to every public officer.
706. The computation and authorization of pensions and gratuities are urgent matters of high priority. The Permanent Secretary of The Public Service will ensure that the necessary particulars relating to an officer whose retirement is known to be impending is passed to the Treasury with the least delay so that authority for payment of pension and for gratuity is given before the date of retirement. Where this is not possible, consideration will be given to the payment of an alimentary allowance.
707. The option to take a gratuity and reduced pension shall be exercisable in writing, and if it has been exercised, may be revoked in writing, not later than the day immediately preceding the date of retirement, providing that The Permanent Secretary of The Public Service may allow an officer to exercise the option or revoke any option previously exercised, at any time between that date and the actual date of award.
708. In the event of an officer dying in The Public Service, his Permanent Secretary is responsible for seeing that prompt application is made for any pension or gratuity that may be due.
709. When an officer dies during an extension of leave granted on medical grounds prior to retirement, that leave may be canceled if the adoption of such a course would result in the payment of a larger gratuity to the legal representatives of the deceased officer.
710. If an officer is injured or killed in the performance of duty within The Bahamas, the Head of Department must at once report the full particulars to The Permanent Secretary and to The Permanent Secretary of The Public Service. Failure to do this may result in the loss of entitlement to compensation under the Pensions Legislation.
711. On first appointment from outside The Bahamas an officer is required to notify to The Permanent Secretary of The Ministry where he is employed, or; to the Head of Department if there is no Permanent Secretary, the names and addresses of not more than two relatives, or; friends whom he wishes to be informed in the event of his death or serious illness. Any change in these particulars should be notified promptly to The Permanent Secretary or Head of Department.

Probationary Service

715. The procedure for the termination of probationary appointments is set out in The Public Service Commission Regulations.
716. Termination of an officer's probationary appointment will, subject to the provisions of P.S.C. Regulation 28, normally be effected by either side by means of a month's notice, or; by payment of a month's salary in lieu of notice, provided that in the case of an individual probationer no alternative condition was laid down at the time of his appointment. Subject to the same provision, he is eligible to receive transport at Government expense to the place from which he was engaged. If he is granted leave for which he has become eligible it should be so arranged as to take place within the period of notice, and, if possible, to expire on the same day as the notice.
717. Unless it was otherwise stated at the time of his appointment in the case of an individual probationer, a probationer who resigns his appointment while on probation will not be eligible for any facilities from Government towards transport from the station at which he has been serving, and may, if he has not served twelve months, be required to refund any expenditure by Government in providing him with free transport facilities to take up his duties.

Pensionable Posts

718. Officers who have been confirmed to the pensionable establishment who fail to give at least one month's notice in writing of an intention to resign, shall pay one month's salary in lieu of notice, or failing this, will be liable to suffer loss of any leave due to them. Where an officer recruited outside The Bahamas, whether he is employed on contract or not, fails to give three months notice in writing of an intention to resign or to pay one month's salary in lieu of notice, he will, in absence of agreement to the contrary, be liable to suffer forfeiture of any passages for which he may be eligible in addition to loss of pay and leave.

Termination (and retention) in The Public Interest

719. The retention of an officer beyond the age at which he may be called upon to retire will be permitted only where there are strong reasons in the public interest. Permanent Secretaries are required to report to The Permanent Secretary of The Public Service on the efficiency of officers in their Ministry and Departments who are approaching a date six months short of retiring age. The report will contain any recommendation that it may be desired to make for the retention of the services of an officer beyond that age. Permanent Secretaries will report at the same time, on any officer who has been permitted to remain in a pensionable post beyond the age of retirement.
720. Retention will be subject to a Medical Certificate from a Government Medical Officer that the officer is fully fit physically and mentally to perform all the duties of his post. It will not be for a longer period than five years beyond the officer's normal retiring age save in very exceptional circumstances. It will be subject to annual presentation of Medical Certificates that the officer continues to be fully fit physically and mentally to perform all the duties of his post.
721. Officers not entitled to pensions may be called upon to retire at the age of 60 years. Retention beyond that age will require the approval of The Permanent Secretary of The Public Service and will be subject to an annual review of the officer's physical and mental fitness to perform all the duties of his post.
722. If a Permanent Secretary or Head of Department considers that an officer serving in his Department should be required to retire from The Public Service on the grounds that, having regard to the conditions of The Public Service, the usefulness of the officer thereto, and all the other circumstances of the case, such termination is desirable in the public interest, he shall report the matter to The Permanent Secretary of The Public Service, in accordance with Regulation 40 of The Public Service Commission Regulations.
723. The Permanent Secretary of The Public Service may obtain (and shall obtain wherever the proposed termination is acknowledged to be motivated by disciplinary reasons) from any public officer under whom the officer in question has served, a report on his work and conduct, and may allow him to consider such report and show cause why he should not be retired from The Public Service.
724. If The Permanent Secretary of The Public Service, after considering the officer's statement and having regard to all the circumstances of the case, is of the opinion that the officer should be retired from The Service in the public interest, he shall forward to The Public Service Commission any report obtained under the preceding General Order and the statement of the officer together with his own recommendation and The Commission will recommend to The Governor General whether or not the officer should be retired.
725. If the Commission recommends that the officer should be retired, The Commission will also recommend whether the officer should be granted a full pension or gratuity for which he is eligible, or; a reduced pension or reduced gratuity, or no pension or no gratuity.

Termination on Grounds of Health

726. If an officer is certified by a Government Medical Officer to be incapable by reason of infirmity of mind or body of discharging his duties efficiently, and if such infirmity is likely to be permanent, he will be required to appear before a Medical Board. If the Board recommends that the officer be invalided from The Service, he will be called upon to retire on the ground of ill health. In the case of an officer who is outside The Bahamas, the initial examination will be made by an approved Medical Practitioner on the authority of The Permanent Secretary of The Public Service.

Termination an Abolition of Office

727. Regulation 26 of The Public Service Commission Regulations provides that where a post which is one of a number of such posts is abolished but one or more such posts remain:

1. if the post is one in respect of which the power to appoint has been delegated, the empowered officer will decide which of the substantive holders of such post shall have his appointment terminated.
2. if the post is one in respect of which there is no delegation, The Head of Department must make a report thereon to The Permanent Secretary, who will refer the report to The Permanent Secretary of The Public Service making his recommendations and giving his reasons as to which of the substantive holders of such posts shall have his appointment terminated. The Permanent Secretary of The Public Service will forward this report with his observations thereon to The Public Service Commission and The Commission will make its recommendations to The Governor General.

Termination of Non-Pensionable, or Temporary Service

728. The procedure relating to the retention beyond the age of retirement of officers not entitled to pension is set out in General Order 727.
746. The period of notice of termination of temporary employment that is remunerated on a monthly basis shall be one month or there shall be a payment of one month's salary in lieu of notice made by either the appropriate authority or the officer. In the case of employment on a weekly basis, the period of notice or payment in lieu of notice shall be one week. In the case of employment on a daily basis, notice of termination shall take effect at the end of the day in which it is given.
729. If it appears to a Permanent Secretary or a Head of Department that the appointment of a non-pensionable officer in their Departments should be terminated, he will, in writing, set out the reasons and require the officer to show cause, in writing, why his service should not be terminated. If no reply is received by the empowered officer within two weeks of the delivery of the invitation to show cause, or; if he considers that no adequate cause has been shown:

1. where disciplinary control has been delegated, the empowered officer may terminate the appointment;
2. where disciplinary control has not been delegated, the Head of Department will report the case, giving his reasons and forwarding any representations made by the officer, to The Permanent Secretary, who will refer the report to The Permanent Secretary of The Public Service. The Permanent Secretary of The Public Service will send the report with his own recommendations to The Public Service Commission, and The Commission will recommend to The Governor General whether or not the appointment should be terminated.

730. The provisions of General Order 747 shall not apply in any case which involves the premature termination of contract and the withholding of gratuities, or in any case of a public officer adjudged guilty of a criminal charge in a court.
 

Termination of Contract

731. Where an officer is serving under a contract which provides for the termination of that contract by notice before the expiry of the period of service stipulated in the contract:

1. Where the power to terminate the contract lies with The Governor General on the recommendation of The Public Service Commission, and the officer's Head of Department considers that the contract should be terminated, he shall report to The Permanent Secretary accordingly with his reasons. The Permanent Secretary will pass the report to The Permanent Secretary of The Public Service who will add his recommendations and submit it to The Public Service Commission who will make a recommendation to The Governor General.
2. Where the power to terminate the contract has been delegated, the empowered officer will act accordingly. Provided that where it appears in any case that there is any doubt that under the terms of the contract, the above-mentioned terminations are lawful, the case will be referred to the Attorney General for advice, by The Permanent Secretary of The Public Service in (1) above and by the empowered officer in any other circumstances.

732. Where an officer is serving under a contract which provides for the payment of a gratuity on completion of satisfactory Service, and;

1. the power to dismiss such officer has not been delegated, the Head of Department shall report the matter to The Permanent Secretary if he thinks no gratuity or part only of such gratuity should be paid, and give his reasons for so proposing. The Permanent Secretary will refer the matter to The Permanent Secretary of The Public Service who will forward the report to The Public Service Commission with his own recommendations, and The Commission will recommend to The Governor General the course to be taken;
2. where the power to dismiss has been delegated, the empowered officer may refuse to authorize the payment of a gratuity or part thereof.

733. The procedure for claiming a gratuity on the termination of a contract is given in General Order 764.
 

Re-Engagement

734. The re-engagement of an officer at the termination of his contract is dealt with at General Orders 257 to 260.
735. Any application for employment from a person who has previously voluntarily resigned from The Service must be carefully investigated, and the circumstances that prompted the resignation must be taken into account before a decision about re-engagement is taken. Persons so appointed will be informed that they will be subject to the following conditions:

1. that they may have to do a period of probation although they may previously have been confirmed;
2. that the period of service before resignation will not count towards Retirement Benefits;
3. that the period of service before resignation will not count for seniority.

736. Retired public officers may be re-engaged where:

1. the prospects of serving officers are not prejudiced;
2. the vacancy cannot otherwise readily be filled;
3. the retired officer is in all respects suitable.

737. The re-engagement of pensioners will be on temporary terms, or; on short term contracts. Contracts will normally be entered into only if it is necessary to fill an essential post for which no likely candidate is envisaged for some time to come.

738. An officer on contract may apply for payment of the gratuity stipulated in his contract in respect of a tour and paid leave taken by him after that tour, at the beginning of his next tour. If, however, he signifies his intention not to seek re-engagement, he may receive a gratuity in respect of all previous eligible service for which no gratuity has been paid, on the last day of his final tour, and any balance of gratuity at the end of his leave after his final tour of duty including the gratuity earned during that leave. If he wishes to receive a gratuity on the last day of his final, or; only tour he must request action on the gratuity payable to him to begin not less than three months before the end of his tour.