Chapter 13: Pensions, Gratuities and Dependents Benefits General

1300. The General Orders contained in this Chapter are based on the provisions of The Pensions Act, and The Public Service Act.
1301. 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.
 

Pensions and the right to commute

1305. In accordance with the provisions of The Pensions Act, an officer holding a pensionable office in The Service of The Bahamas is eligible on his retirement to be granted by The Governor General a pension at the rate of 1-720th of his pensionable emoluments in respect of each completed month of his pensionable service, if he has been in The Public Service of The Bahamas for at least five years.
1306. An officer to whom a pension is granted may choose to receive instead of the pension calculated on the basis set out in General Order 1305, a pension at the rate of 3/4th's of such a pension together with a gratuity equal to ten times the amount of the reduction so made in the pension.
1307. The option stated in General Order 1306 is exercisable not later than the day preceding the date of retirement, and an option once made may be revoked upon, or; before that day.
1308. A pension granted on the basis set out in General Order 1305 shall not exceed 2/3rds of the officer's highest pensionable emoluments at any time while in The Service of The Bahamas.
1309. There exists no absolute right to benefits by way of pension and gratuity, and they will be granted only in consideration of good and faithful service, and they will be withheld, or; reduced where the officer has been found guilty of disgraceful conduct, or; of gross dereliction of duty, or; has been found indebted to The Government for any Public Money which has come to his hands either legally or illegally.
1310. Where an officer has had Public Service in one or more of the administrations scheduled in The Pensions Act, and the aggregate service would have qualified him for a pension if it had been wholly service in The Bahamas, he may, on retirement, be granted in respect of his service in The Bahamas a pension of such an amount that shall bear the same proportion to the pension for which he would have been eligible had his service been wholly in The Bahamas, as the aggregate amounts of his pensionable emoluments in The Bahamas bear to the aggregate amounts of his pensionable emoluments throughout his service in the scheduled administrations.
1311. Where an officer has had Public Service elsewhere than under any of the scheduled administrations, and his aggregate service would have qualified him for a pension under the Law of The Bahamas if it had been wholly service in The Bahamas, he may on retirement be granted in respect of his service in The Bahamas, a pension equal to the pension for which he would have been eligible in accordance with General Order 1305 if there had been no qualifying period and if he had no other Public Service.
1312. The Governor General may grant a pension or gratuity in the following special circumstances:

1. where an officer who has not completed a period of service that would entitle him to a pension is compelled to leave The Service because of severe bodily injury, occasioned through no fault of his own, in the discharge of his public duty a gratuity not exceeding three months pay for every two years of service, or; a pension not exceeding 10/60th's of his annual salary;
2. where an officer who, because of infirmity of mind or body, leaves The Service before the completion of a period which would entitle him to a pension such amount of gratuity as The Governor General may think proper, but not to exceed the amount of one month's pay for each year of service;
3. where an officer who has completed the period of service which would qualify him to receive a pension in accordance with General Order 1305, is compelled to leave The service in consequence of the abolition of his office a temporary pension at the rate of 1-720th part of his salary for each completed month of his pensionable service, subject to the condition that he shall be liable to be recalled to The Public Service: provided that if the officer is not qualified for other employment, or; there is no reason to expect that he can shortly be re-employed in The Service, the pension may be granted free of the above mentioned condition;
4. where an officer who has not completed the period of service which would qualify him for a pension, is compelled to leave The Service in consequence of the abolition of his office a gratuity not exceeding three months salary for every completed two years of pensionable service;
5. where an officer's service is terminated in the public interests, and a pension, gratuity, or; other allowance cannot otherwise be granted to him such pension, gratuity, or; other allowance as The Governor General thinks just and proper, not exceeding the amount for which the officer would be eligible if he were suffering from some infirmity of mind or body likely to be permanent.

1313. In the case of a re-employed Pensioner The Governor General may either reduce the remuneration in view of the pension the officer is receiving, or; order that the pension shall cease, and that when the officer subsequently retires a pension shall be granted on the basis that all his service in The Bahamas had been continuous, and account shall be taken of the pensionable emoluments the officer was receiving on his previous or final retirement whichever are the greater: provided that if the previous award included a gratuity, the gratuity payable on final retirement shall be reduced by the amount of the former gratuity.

Gratuity on death of officer or employee in service

1325. When any public officer dies in The Public Service it shall be lawful for The Governor to grant to his legal personal representative's gratuity of an amount equal to the pensionable emoluments of such officer at the date of his death. Provided that where any payment is made by The Government in respect of the death of such an officer; as aforesaid under the amount of any gratuity granted under the provisions of any Law relating to workmen's compensation the amount of any gratuity granted under the provision of this section shall be reduced by the amount of such payment.
 

Gratuity on completion of Contract Service

1335. A contract officer employed for a continuous period of not less than two years in The Service of The Bahamas shall upon satisfactory completion of that contract service be entitled to receive a gratuity equal to 15% of the salary that he has received in respect of such service: provided that this amount will be abated by the amount of any contribution that The Government may have made during the contract service in order to preserve pension or superannuating rights which may have accrued to the officer in The service of any previous employer.
 

Re-employed Pensioner

1337. The re-engagement of an officer who has retired on pension can only be on temporary terms, and an ex-gratia gratuity will not be awarded to re-employed Pensioners in respect of the period of their re-employment.