ANTIGUA AND BARBUDA

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.