ANTIGUA AND BARBUDA
PENSION (NON-ESTABLISHED GOVERNMENT EMPLOYEES)
(AMENDMENT) BILL, 2019
NO. OF 2019
The Pension (Non-Established Government
Employees) (Amendment) Bill, 2019.
No. of 2019
2
No. of 2019 The Pension (Non-Established Government
Employees) (Amendment) Bill, 2019.
3
ANTIGUA AND BARBUDA
PENSION (NON-ESTABLISHED GOVERNMENT EMPLOYEES)
(AMENDMENT) BILL, 2019
NO. OF 2019
ARRANGEMENT OF CLAUSES
Clauses
1. Short title
2. Interpretation
3. Amendment of section 5
4. Commencement
The Pension (Non-Established Government
Employees) (Amendment) Bill, 2019.
No. of 2019
4
ANTIGUA AND BARBUDA
PENSION (NON-ESTABLISHED GOVERNMENT EMPLOYEES)
(AMENDMENT) BILL, 2019
NO. OF 2019
AN ACT to amend the Pension (Non-Established Government Employees) Act, Cap. 310
to increase the pensionable age of Non-Established Government employees and for other
connected matters.
ENACTED by the Parliament of Antigua and Barbuda as follows:
1. Short title
This Act may be cited as the Pension (Non-Established Government Employees)
(Amendment) Act, 2019.
2. Interpretation
In this Act—
“principal Act” means the Pension (Non-Established Government Employees) Act,
Cap. 310.
3. Repeal and replacement of section 5
The principal Act is amended by repealing section 5 and replacing it with the following
new section 5—
“ 5. Circumstances in which pension may be granted
No pension or gratuity shall be granted under this Act to a non-established
employee unless that employee retires from the employment of the Government in any of
the following cases—
(a) on attaining the age of sixty-five years, or on or after attaining the age of
sixty years if the officer opts to retire at that age, or on or after attaining the
age of fifty-five years, if the officer requests to retire at that age and the
Governor General, acting on the advice of Cabinet, grants his request;
No. of 2019 The Pension (Non-Established Government
Employees) (Amendment) Bill, 2019.
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(b) where the services of the employee are no longer required by the
Department or Ministry of Government in which that employee is
employed;
(c) on furnishing medical evidence to the satisfaction of the Cabinet that the
employee is incapable, by reason of infirmity of mind or body, of
continuing in such employment; or
(d) where the retirement age of the employee is in accordance with the
corresponding pensionable age and pensionable year as set out in the
Schedule to the Social Security (Benefits) (Age Pension and Grants)
(Amendment) Regulations, 2016.”
4. Commencement
This Act shall take effect from the 31st day of October, 2019.
Passed the House of Representatives
this the day of 2019
Passed the Senate
this day of 2019
Speaker President
Clerk to the House of Representatives Clerk to the Senate
The Pension (Non-Established Government
Employees) (Amendment) Bill, 2019.
No. of 2019
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EXPLANATORY MEMORANDUM
This primary objective of this Bill is to increase the retirement age for non-established
employees. It has become critical that the retirement age is increased in order to allow a
non-established employee to retire with full benefits in accordance with the pensionable
ages as outlined in the Schedule of the Social Security (Benefits) (Age Pensions and
Grants) (Amendment) Regulations, 2016.
For the purpose of achieving the stated objective, Clause 3 of the Bill amended section 5
of the principal Act by repealing the existing provisions regarding the retirement age and
substituting new provisions which clearly state that in order to receive a pension or
gratuity, a non-established employee must retire from the Government service under
several conditions, chief among them being that the employee must have attained the age
of sixty-five (65) years. The amendment also clearly stipulates that a pension or gratuity
shall be granted to an employee whose retirement age corresponds with the Schedule of
the Social Security (Benefits) (Age Pensions and Grants) (Amendment) Regulations,
2016. In that Schedule, the retirement year and the corresponding pensionable age is
clearly outlined so as to provide guidance relating to retirement for Government
employees.
………………………………………..
Honourable Samantha Marshall
Minister responsible for the Public
Service.