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Fiji (Retiring Benefits) Order 1970

LAWS OF FIJI


CONSTITUTIONAL DOCUMENTS


CHAPTER 1


FIJI (RETIRING BENEFITS) ORDER 1970[1]


TABLE OF PROVISIONS


SECTION


1. Citation.
2. Interpretation.
3. Application of Schedule.
4. Governor need not consult the Council of Ministers.
5. Transitional provisions.
Schedule-Retirement Benefits for Certain Officers in the Public Service of Fiji -


PARAGRAPH


1. Interpretation.
2. Retirement.
3. Entitlement to compensation.
4. Payment of compensation.
5. Gratuity on death of certain officers.
6. Officers reappointed to the United Kingdom or certain other Services.
7. Transfer to other public service.
8. Grant of Pensions and Gratuities.
9. Special gratuity for certain officers.
10. Special provisions as to payment of compensation.
11. Baggage facilities and passages.
12. Place of payment and rate of exchange.
13. Right to opt for abolition terms.
14. Application of appropriate law.
15. Exemption from tax.
16. Exercise of options.
Annex-Instructions for Obtaining the Appropriate Factor from Tables I and II.


FIJI (RETIRING BENEFITS) ORDER 1970[2]

___________


Legal Notices Nos. 90 of 1970, 72 of 1973


Her Majesty, by virtue and in exercise of all the powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-


Citation


1. This Order may be cited as the Fiji (Retiring Benefits) Order 1970.


Interpretation


2.-(1) In this Order, "the scheme" means the scheme of retirement benefits for pensionable designated officers who retire in the interests of localization that was published by the Government of Fiji on 11th February 1969.


(2) The Interpretation Act 1889[3] shall apply, with the necessary adaptations, for the purpose of interpreting this Order and otherwise in relation thereto as it applies for the purpose of interpreting, and in relation to, Acts of the Parliament of the United Kingdom.


Application of Schedule


3. The provisions contained in the Schedule shall have effect in relation to the public service of Fiji.


Governor[4] need not consult the Council of Ministers


4. The Governor[5] may exercise the functions conferred on him by the Schedule without consulting the Council of Ministers[6] of Fiji.


Transitional provisions


5. Where any authority or officer has, before the commencement of this Order, in pursuance of any provision of the scheme, given any notice, certificate or permission or granted any benefit or made any payment or done any other thing for the purposes of that scheme, that notice, certificate or permission, benefit, payment or other thing shall be deemed to have been given, granted, made or done, as the case may be, under the corresponding provision of the Schedule, and the provisions of that Schedule shall have effect accordingly.


SCHEDULE
(Section 3)


RETIREMENT BENEFITS FOR CERTAIN OFFICERS IN THE PUBLIC SERVICE OF FIJI


Interpretation


1.-(1) In this Schedule, unless the context otherwise requires -


"appropriate law", in relation to an officer in the public service, means the law in force in Fiji that governs the grant of pensions, gratuities and other like benefits in respect of the service of that officer in the public service;


"appropriate Service Commission" -


(a) in relation to a judge of the Supreme Court, the Attorney-General, the Solicitor-General or the holder of an office to which section 91(2)[7] of the Constitution of Fiji applies, means the Judicial and Legal Service Commission[8];


(b) in relation to a member of the Police Force, means the Police Service Commission; and


(c) in any other case, means the Public Service Commission;


"eligible officer" means an officer in the public service who, on the operative date, has not attained the age of 55 years and who -


(a) was, before the operative date, appointed or selected for appointment to an office in the public service, being a pensionable office for the purposes of the appropriate law;


(b) was, on the operative date, the substantive holder of an office that was, at that date, a pensionable office for the purposes of the appropriate law;


(c) is a designated officer for the purposes of the Overseas Service (Fiji) Agreement 1961;


(d) has, since the operative date, been the substantive holder of an office service in which may, during his tenure thereof, be taken into account in computing his pension under the appropriate law;


(e) has been given permission by the Governor to retire under paragraph 2; and


(f) has been confirmed in his appointment, where his appointment is subject to confirmation;


"General Orders" means the General Orders of the Government;


"Government" means the Government of Fiji;


"New Zealand officer" means an officer in the public service in respect of whom the Government has entered into an agreement with the National Provident Fund Board of New Zealand;


"operative date" means 1 January 1969;


"pensionable emoluments" means emoluments that may be taken into account for the purpose of computing the pension of an officer under the appropriate law and, in the case of a New Zealand officer, the emoluments enjoyed by him in respect of his service in Fiji which, if the Pensions (1958) Act of Fiji[9] had applied to him, would have been taken into account for the purpose of computing his pension under that Act;


"pensionable service" means the aggregate amount of service that may be taken into account for the purpose of computing the pension of an officer under the appropriate law and, in the case of a New Zealand officer, the aggregate amount of his service in the public service that may be taken into account for the purpose of computing his pension under the New Zealand Provident Fund Act 1950[10];


"public service" means the public service of Fiji;


"substantive holder", in relation to any office, includes a person serving in that office on probation, but does not include a person (other than a person serving under a probationary agreement) serving in that office for a specified term under a contract.


(2) For the purposes of this Schedule -


(a) when an officer on probation is given permision to retire under this Schedule, he shall be deemed to have been confirmed in his appointment on the day upon which he was given that permission;


(b) when an officer is given permission to retire so as to enable a qualified local candidate to be appointed to an office in the public service and, immediately before being given such permission, had acted for a period of 6 months to the satisfaction of the Governor in a pensionable office which was vacant otherwise than by the temporary absence of the substantive holder thereof, the pensionable emoluments of which being higher than those of the office of which the officer was the substantive holder, he shall be deemed to have been confirmed in the pensionable office in which he was acting.


(3) The provisions of this Schedule shall -


(a) in relation to a New Zealand officer or an officer to whom the Pensions (1958) Act of Fiji[11] applies, have effect as if references to the age of 55 years were references to the age of 60 years and references to Table I of the Annex to this Schedule were references to Table II of that Annex; and


(b) in relation to a judge of the Supreme Court of Fiji, have effect as if references to 55 years of age were references to the age of 62 years and references to Table I of the Annex to this Schedule were references to Table III of that Annex.


Retirement


2.-(1) An officer in the public service who satisfies the conditions specified in heads (a), (b), (c), (d) and (f) of the definition of "eligible officer" in paragraph 1(1) may, with the permission of the Governor, retire from the public service -


(a) if the appropriate Service Commission certifies that his retirement will enable a qualified local candidate to be appointed to an office in the public service or that he has been superseded for promotion to a normal vacancy by a local officer in pursuance of the policy of the Government to give preference to local officers in respect of promotion; or


(b) if the Governor is satisfied that exceptional circumstances exist which make it unreasonable to require him to continue to serve in his office and no alternative equivalent office is available.


(2) Where an officer who is not on leave of absence after completing a tour of residential service is given permission to retire under this paragraph, he shall not be required to depart from Fiji on leave of absence pending his retirement until the expiration of a period of 6 months from the date on which he was given such permission and shall retire from the public service on the expiration of that leave:


Provided that -


(a) the officer may depart from Fiji on leave of absence pending his retirement on the expiration of such shorter period as the Governor may, with the consent of the officer, determine;


(b) if the officer departs on leave of absence prior to the completion of a tour of residential service he shall be granted the leave for which he would have been eligible had he completed a tour of residential service.


(3) Where an officer who is on leave of absence after completing a tour of residential service is given permission to retire under this paragraph, he shall retire from the public service on the expiration of the leave of absence for which he is eligible.


(4) In this paragraph "normal vacancy" does. not include a vacancy resulting from an officer having been given permission to retire on the grounds that his retirement would enable a local candidate to be appointed to an office in the public service.


(5) In this paragraph "a tour of residential service" means a tour of 3 years.


Entitlement to compensation


3.-(1) Subject to the provisions of this Schedule, every eligible officer shall be entitled to compensation which shall be assessed in accordance with the provisions of this paragraph and calculated by multiplying the amount of the full annual pensionable emoluments enjoyed by him on the date in relation to which the assessment is made by the appropriate factor and the resulting amount, or $F27,170[12], whichever is the less, shall be the amount to which he is entitled:


Provided that, in the event of there being a revision of pensionable emoluments, the Governor may, with the consent of the Minister of Overseas Development, by order, increase the maximum amount of compensation that may be paid to an eligible officer.


(2) The compensation to which each eligible officer is entitled under this paragraph shall be assessed as soon as is reasonably practicable after the date on which he is given permission to retire and, for that purpose, the date in relation to which the assessment is to be made shall be such date in the period beginning on the date on which he was given permission to retire and ending on the date of his retirement as is most advantageous to the officer.


(3) When the compensation of an eligible officer is assessed, he (or, in the case of an officer who has died, his personal representative) shall thereupon be given a statement showing the amount of the compensation to which he is entitled.


(4) In this paragraph "the appropriate factor" in relation to an officer means the factor obtained from Table I of the Annex that is appropriate to the age and pensionable service of that officer on the date in relation to which the assessment is to be made in completed years and months or, if it is more favourable to the officer, reckoned in completed years without regard to parts of a year.


Payment of Compensation


4.-(1) When the compensation to which an eligible officer is entitled has been assessed, a payment shall be made to him which -


(a) in the case of an officer who is not on leave of absence having completed a tour of residential service when given permission to retire, will, if reasonably practicable, be made 3 months before his departure from Fiji on leave of absence pending his retirement; and


(b) in the case of an officer who is on leave of absence having completed a tour of residential service when given permission to retire, will be made as soon as reasonably practicable after the date on which he was given permission to retire, and


which shall, if his compensation does not exceed the sum of $F2,090, be an amount equal to his compensation or, if his compensation exceeds that sum, an amount equal to that sum or one-sixth of his compensation, whichever is the greater.


(2) Subject to the povisions of paragraph 10, further payments shall be made to every person who has become entitled to compensation under paragraph 3 and who has not received the whole of that compensation which -


(a) in the case of the second payment, shall be paid -


(i) if the officer is an officer to whom subparagraph (1)(a) applies, 6 months after the date of his depature from Fiji on leave of absence pending his retirement, and


(ii) if the officer is an officer to whom subparagraph (1)(b) applies, 6 months after the date on which he was given permission to retire; and


(b) in the case of subsequent payments, shall be paid on the anniversary of the date on which the second payment was made.


(3) Subject to the provisions of subparagraph (4), in the case of a second payment or a payment made on the first, second or third anniversary of the date on which the second payment was made, the amount of the payment shall be equal to the appropriate fraction of the balance of compensation then outstanding; and, in the case of a payment made on the fourth anniversary, the amount of the payment shall be equal to the balance of compensation then outstanding.


(4) Where the balance of compensation outstanding on the date of the second payment or the first, second or third anniversary of that payment -


(a) exceeds $F1,046, an amount equal to the appropriate fraction of that balance or $F836, whichever is the greater, shall be paid;


(b) is less than $F1,046, an amount equal to that balance shall be paid.


(5) In this section, "the appropriate fraction" means -


(a) in respect of the second payment, one-fifth;


(b) in respect of the payment made on the first anniversary, one-quarter;


(c) in respect of the payment made on the second anniversary, one-third;


(d) in respect of the payment made on the third anniversary, one-half.


Gratuity on death of certain officers


5.-(1) Where an eligible officer, other than a New Zealand officer, dies while still in the public service and it is lawful under the provisions of the appropriate law for a gratuity to be granted to his personal representatives there shall be granted to his personal representatives that gratuity, but the factor to be used in computing that gratuity shall be the factor set out in Table V of the Annex appropriate to the officer's age at the date of his death.


(2) The Secretary for Finance[13] may direct that, instead of being paid to the personal representatives, any gratuity payable under this paragraph shall be paid to one of the dependants of the deceased or to two or more of those dependants in such proportions as the Secretary for Finance[14] may think fit.
*

Officers reappointed to the United Kingdom or certain other Services


6.-(1) This paragraph applies to an eligible officer who has retired under this Schedule and who was transferred to the public service -


(a) in the case of a New Zealand officer, from employment pensionable under the provisions of the National Provident Fund of New Zealand;


(b) in the case of a police officer, from pensionable employment in the Metropolitan Police Force in the United Kingdom;


(c) in any other case, from pensionable employment under the Government of the United Kingdom in a public office as defined by the Superannuation Act 1892[15].


and who, not later than 12 months after he retired, has returned to such pensionable employment to which, in the case of returning to a public office as defined in the Superannuation Act 1892, he returns otherwise than as a result of a competition conducted by the Civil Service Commission of the United Kingdom.


(2) A person to whom this paragraph applies shall cease to be entitled to compensation under paragraph 3, but shall be entitled to compensation of an amount equal to -


(a) one-half of the amount he would receive if he were entitled to compensation under paragraph 3; or


(b) the amount he would receive if he were entitled to compensation under paragraph 7, having been transferred to the pensionable employment referred to in paragraph 7(1)(a) on the date on which he retired,


whichever is the less.


(3) If the provisions of this paragraph become applicable to any person -


(a) if the amount of compensation to which he is entitled under this paragraph exceeds the amount he has already received under this Schedule, the balance of compensation then outstanding shall be, paid, together with any unpaid interest that has accrued under this Schedule before this paragraph applied to him, in the manner prescribed by paragraph 4 for the payment of compensation assessed under paragraph 3; or


(b) if the amount of compensation he has already received under this Schedule exceeds the amount of compensation to which he is entitled under this paragraph, the excess shall forthwith become repayable, but, in any such case, any interest on account of such excess shall not be repayable.


Transfer to other public service


7.-(1) This paragraph applies to an eligible officer who, before the date of his retirement, is transferred from the public service -


(a) to the service of a government or authority that is a Scheduled Government for the purposes of the provisions of the appropriate law relating to transferred officers in circumstances in which he remains eligible for the grant of a pension under the appropriate law upon his eventual retirement;


(b) to service in the office of Governor in such circumstances that he is or may become eligible for a pension under the Governors' Pensions Act 1957[16]; or


(c) in the case of a New Zealand officer, to service in an office pensionable under the New Zealand Provident Fund Act 1950[17].


Provided that it does not apply to an officer to whom paragraph 6 applies.


(2) An officer to whom this paragraph applies shall cease to be entitled to compensation under paragraph 3, but, if the amount of his annual pensionable emoluments immediately before his transfer exceeds the amount of the annual emoluments payable to him immediately after his transfer (being emoluments that may be taken into account for the purposes of his pension under the law or regulations relating to his service in that other public service), he shall be entitled to compensation equal to -


(a) the amount of the excess multiplied by the appropriate factor; or


(b) the amount he would receive if he were entitled to compensation under paragraph 3, having retired on the date of his transfer,


whichever is the less.


(3) If the provisions of subparagraph (2) become applicable to any person -


(a) if the amount of compensation to which he is entitled under this paragraph exceeds the compensation he has already received under this Schedule, the compensation then outstanding shall be paid, together with any unpaid interest that has accrued under this Schedule before this paragraph applied to him, in the manner prescribed by paragraph 4 for the payment of compensation assessed under paragraph 3; or


(b) if the amount of compensation which has already been received under this Schedule exceeds the amount of compensation to which he is entitled under this paragraph, the excess shall forthwith become repayable, but, in any such case, any interest received on account of such excess shall not be repayable.


(4) An officer to whom this paragraph applies but who is not entitled to compensation under subparagraph (2) shall forthwith repay the amount of compensation that has been paid to him under this Schedule, but any interest received on account of such compensation shall not be repayable.


(5) In this paragraph, "the appropriate factor", in relation to an officer means the factor obtained from Table IV of the Annex that is appropriate to the age of the officer at the date of his transfer, reckoned in completed years and completed months.


Grant of Pensions and Gratuities


8.-(1) Subject to the provisions of paragraphs 13 and 14, an eligible officer, other than a New Zealand officer, on his retirement under this Schedule, may be granted, at his option (such option to be exercised in accordance with the provisions of the appropriate law relating to the grant of a gratuity and a reduced pension), either -


(a) a pension of such amount as may be granted under the appropriate law; or


(b) the pension for which he is eligible under the appropriate law reduced by not more than one-quarter or $F640, whichever is the greater, together with a gratuity equal to the amount of the reduction so made in the annual pension multiplied by the appropriate factor.


(2) For the purposes of this paragraph, an officer shall be deemed to be eligible for the grant of a pension under the appropriate law -


(a) notwithstanding that he may have retired before attaining the age specified in the appropriate law as qualifying him for the grant of a pension; and


(b) notwithstanding that he may not have completed, at the date of his retirement, the period of qualifying service required by the appropriate law to render him eligible for the grant of a pension.


(3) If an officer has not exercised the option conferred upon him by subparagraph (1) within the period in which it is required to be exercised, he shall be deemed to have opted for the grant of a pension of such amount as may be granted under the appropriate law.


(4) In this paragraph, "the appropriate factor", in relation to an officer, means the factor obtained from Table V of the Annex that is appropriate to the age of that officer on the date immediately prior to his retirement, reckoned in completed years and completed months.


Special gratuity for certain officers


9.-(1) Subject to the provisions of paragraphs 13 and 14, where any eligible officer to whom the provisions of the appropriate law relating to transferred officers apply or any New Zealand officer retires under this Schedule and is granted by any Government or other authority that is a Scheduled Government for the purposes of those provisions or under the New Zealand Provident Fund Act 1950[18], as the case may be, both a pension and a gratuity, having elected to receive that pension and that gratuity in lieu of a pension of greater amount, he may be granted (in addition to any gratuity that may be granted to him under paragraph 8) a gratuity equal to the amount (if any) by which the amount produced by -


(a) subtracting the annual amount of the pension granted to him by the Scheduled Government or under the New Zealand Provident Fund Act 1950, as the case may be, from the annual amount of the pension that would have been granted to him by that Government or under that Act, as the case may be, had he not elected to receive the gratuity granted to him by that Government or under that Act, as the case may be; and


(b) multiplying the resulting amount by the appropriate factor,


exceeds the amount of the gratuity granted to him by that Government or under that Act, as the case may be.


(2) In ths paragraph, "the appropriate factor" has the same meaning as in paragraph 8.


Special provisions as to payment of compensation


10.-(1) Whenever a person has become entitled to compensation under this Schedule but who has not already received the whole of that compensation attains the age of 55 years or dies before attaining that age, the balance then outstanding of the compensation to which he is entitled shall be paid to that person or, if that person is dead, to his personal representatives.


(2) The Secretary for Finance[19] may direct that, instead of any payment being made to the personal representatives of a deceased person, payment shall be made to 1 of the dependants of the deceased or 2 or more of those dependants in such proportions as the Secretary for Finance may think fit.


(3) Whenever any payment of compensation becomes due under this Schedule, interest at the rate of 5 per cent, per annum shall accrue from day to day during the period between the date on which the previous payment of compensation became due and the date on which the next following payment of compensation will become due, upon any part of the compensation outstanding on the date of the previous payment and that interest shall become payable at the end of the period during which it accrued:


Provided that, for the purpose of calculating interest under this subparagraph, the initial payment of compensation to which the officer is entitled shall be deemed to have been paid to him 3 months before the date of his departure from Fiji on leave pending retirement or, in the case of an officer who was on leave of absence when given permission to retire, on the date he was given such permission.


Baggage facilities and passages


11.-(1) An eligible officer, who is on leave of absence after completing a tour of residential service when given permission to retire under this Schedule, shall be provided with such baggage facilities as an officer of his status is entitled to under General Orders when retiring from the public service, having attained the age of 55 years and having completed such a tour.


(2) Any such eligible officer may, if the Governor so directs, be provided, for the purpose of his returning to Fiji (but not for the purpose of his wife and family returning to Fiji) to settle his affairs, with such passages as an officer of his status is entitled to under General Orders for the purpose of travelling to Fiji in order to begin a tour of residential service and for the purpose of travelling from Fiji when retiring from the public service having attained the age of 55 years and having completed such a tour.


(3) An eligible officer, whether or not he is on leave of absence after completing a tour of residential service when given permission to retire under this Schedule, may, if the Governor so directs, be provided with freight facilities in respect of a motor car.


Place of payment and rate of exchange


12. Any compensation, gratuity or interest payable under this Schedule to an officer or to his personal representatives or dependants shall be paid, in accordance with any request made from time to time by such officer, his personal representatives or his dependants, as the case may be, in any of the following countries -


(a) in the United Kingdom;


(b) in Fiji;


(c) in the country from which the officer was recruited or where he intends to reside;


(d) in the case of payment to the personal representatives of an officer or his dependants, in the country in which the personal representatives or the dependants, as the case may be, reside; or


(e) in such other country as the officer or his personal representatives or dependants may, with the concurrence of the Secretary for Finance[20], select,


in the currency of the country in which payment is to be made; and, where payment is to be made in a country other than Fiji, the amount of the payment shall be such as would produce, at the official rate of exchange prevailing at the date of the payment, the amount in sterling of the compensation, gratuity or interest as calculated at the official rate of exchange prevailing on the operative date.


Right to opt for abolition terms


13.-(1) An eligible officer, other than a New Zealand officer, may, before he receives his initial payment of compensation, opt to become an officer to whom this paragraph applies.


(2) An officer to whom this paragraph applies shall not be entitled to compensation under this Schedule or be granted a pension or gratuity under this Schedule but, subject to the provisions of paragraph 14, may, on his retirement under this Schedule, be granted such benefits as may be granted under the appropriate law to an officer whose office has been abolished.


Application of appropriate law


14. The provisions of the appropriate law shall, subject to the provisions of this Schedule, apply in relation to the grant of any pension or gratuity under this Schedule and to any pensions or gratuity granted thereunder as they apply in relation to the grant of a pension or gratuity, and to any pension or gratuity granted, under the appropriate law.


Exemption from tax


15. Any compensation or gratuity payable under any of the provisions of this Schedule shall be exempt from tax under any law in force in Fiji relating to the taxation of incomes or imposing any other form of taxation.


Exercise of options


16. Any option exercisable by any person for the purposes of this Schedule -


(a) shall be irrevocable after the end of the period within which it is to be exercised;


(b) shall be exercised by notice in writing to the Chief Secretary[21];


(c) shall be deemed to have been exercised on the date on which the notice is received:


Provided that the Governor may, if he thinks fit, generally or in respect of a particular person and subject or not to conditions, extend the period for the exercise of an option.


___________


ANNEX


INSTRUCTIONS FOR OBTAINING THE APPROPRIATE FACTOR FROM TABLES I AND II


I. Read off from the Table the factors for the officer's age at his last birthday and his -


(a) completed years of service,


(b) completed years of service plus 1 year.


II. Subtract I(a) from I(b), divide the difference by 12 and multiply the result by the number of completed months of service, if any, in excess of the completed years of service.


III. Add I(a) and II.


IV. Repeat steps to III for the officer's age at his next birthday.


V. Divide the difference between III and IV by 12 and multiply by the number of completed months of age, if any, since the officer's last birthday.


VI.

If IV is greater than III, add V to III.

If IV is less than III subtract V from III.

VI is the factor required.


INSTRUCTIONS FOR OBTAINING THE APPROPRIATE FACTOR FROM TABLE III
(JUDGES) IV (TRANSFER) OR V (COMMUTATION)


I. Read off from the Table the factors for the officer's age -


(a) at his last birthday.


(b) at his next birthday.


II. Divide the difference between I(a) and I(b) by 12 and multiply by the number of completed months of age since the last birthday.


III. If I(b) is greater than I(a), add II to I(a).


If I(b) is less than I(a), subtract II from I(a).


III is the factor required.


In calculating factors by interpolation in respect of Tables I to V, calculation should be rounded off to 2 decimal points and, where this results in a difference of .01 in either direction, such difference should be ignored.


TABLE I


(Paragraph 3(4))

Officers with Retirement Age of 55


Age of Officer
Factor
Age of Officer
Factor
25...........................
.88
40...................................
3.70
26...........................
.99
41...................................
3.68
27...........................
1.11
42...................................
3.60
28...........................
1.26
43...................................
3.46
29...........................
1.43
44...................................
3.29
30...........................
1.63
45...................................
3.09
31...........................
1.87
46...................................
2.87
32...........................
2.13
47...................................
2.63
33...........................
2.39
48...................................
2.40
34...........................
2.66
49...................................
2.17
35...........................
2.92
50...................................
1.93
36...........................
3.17
51...................................
1.68
37...........................
3.38
52...................................
1.42
38...........................
3.55
53...................................
1.00
39...........................
3.66
54...................................
.50

55 and over....................
NIL

TABLE II

(Paragraph 1(.3)(a))

Officers with Retirement age of 60


Age of Officer
Factor when length of service is
3 years
4 years
5 years
6 years
7 years
8 years
9 years
10 years
or more
25.......
.26
.35
.44
.53
.62



26.......
.30
.40
.50
.59
.69
.79


27.......
.33
.44
.56
.76
.78
.89
1.00

28.......
.38
.50
.63
.76
.88
1.01
1.13
1.26
29.......
.43
.57
.72
.86
1.00
1.14
1.29
1.43
30.......
.49
.65
.81
.97
1.13
1.30
1.46
1.62
31.......
.56
.74
.92
1.11
1.30
1.48
1.66
1.85
32.......
.63
.84
1.05
1.26
1.47
1.68
1.89
2.10
33.......
.70
.94
1.18
1.41
1.64
1.88
2.12
2.35
34.......
.78
1.04
1.30
1.57
1.83
2.09
2.35
2.61
35.......
.86
1.14
1.43
1.72
2.00
2.29
2.57
2.86
36.......
.93
1.24
1.55
1.86
2.17
2.48
2.79
3.10
37.......
.99
1.32
1.65
1.98
2.31
2.64
2.97
3.30
38.......
1.40
1.39
1.74
2.08
2.43
2.78
3.12
3.47
39.......
1.08
1.44
1.80
2.16
2.52
2.88
3.24
3.60
40.......
1.10
1.47
1.84
2.21
2.58
2.94
3.31
3.68
41.......
1.11
1.48
1.85
2.22
2.59
2.96
3.33
3.70
42.......
1.10
1.47
1.84
2.21
2.58
2.94
3.31
3.68
43.......
1.08
1.44
1.80
2.16
2.52
2.88
3.24
3.60
44.......
1.04
1.39
1.74
2.08
2.43
2.78
3.12
3.47
45.......
.99
1.32
1.65
1.98
2.31
2.64
2.97
3.30
46.......
.93
1.24
1.55
1.86
2.17
2.48
2.79
3.10
47.......
.87
1.16
1.45
1.74
2.03
2.32
2.61
2.90
48.......
.81
1.08
1.34
1.61
1.88
2.15
2.42
2.69
49.......
.74
.99
1.24
1.48
1.73
1.98
2.22
2.47
50.......
.68
.90
1.13
1.36
1.58
1.81
2.03
2.26
51.......
.62
.82
1.02
1.23
1.44
1.64
1.84
2.05
52.......
.55
.73
.91
1.09
1.27
1.46
1.64
1.82
53.......
.48
.64
.80
.95
1.11
1.27
1.43
1.59
54.......
.41
.54
.68
.82
.95
1.09
1.22
1.36
55.......
.34
.45
.56
.68
.79
.90
1.02
1.13
56.......
.28
.38
.48
.57
.66
.76
.86
.95
57.......
.23
.31
.38
.46
.54
.62
.69
.77
58.......
.18
.24
.30
.36
.42
.48
.54
.60
59.......
.12
.16
.20
.24
.28
.32
.36
.40
and over
NIL
NIL
NIL
NIL
NIL
NIL
NIL
NIL

TABLE III

(Paragraph 1(3)(b))


Judges


Age of Judge
Factor
Age of Judge
Factor
40..........................
3.60
50..........................
2.55
41..........................
3.68
54..........................
2.34
42..........................
3.70
52..........................
2.13
43..........................
3.68
53..........................
1.92
44..........................
3.60
54..........................
1.71
45..........................
3.47
55..........................
1.50
46..........................
3.32
56..........................
1.30
47..........................
3.15
57..........................
1.11
48..........................
2.96
58..........................
.93
49..........................
2.76
59..........................
.76


60..........................
.60


61..........................
.40


62 and over...........
NIL

TABLE IV

(Paragraph 7)

Compensation in respect of transferred of officers


Age
Factor
Age
Factor
30 and below
5.00
40..........................
8.92
31..........................
5.08
41..........................
9.00
32..........................
5.21
42..........................
8.92
33..........................
5.47
43..........................
8.77
34..........................
5.90
44..........................
8.40
35..........................
6.56
45..........................
7.61
36..........................
7.44
46..........................
6.39
37..........................
8.10
47..........................
5.60
38..........................
8.53
48..........................
5.23
39..........................
8.79
49..........................
5.08


50 and over...........
5.00

TABLE V

(Paragraphs 5, 8 and 9)


Commutation of pension


Age of officer
Factor
Age of officer
Factor
25.....................
17.08
40............................
15.07
26.....................
16.97
41............................
14.90
27.....................
16.86
42............................
14.73
28.....................
16.74
43............................
14.55
29.....................
16.62
44............................
14.36
30.....................
16.50
45............................
14.17
31.....................
16.38
46............................
13.97
32.....................
16.25
47............................
13.76
33.....................
16.12
48............................
13.54
34......................
15.98
49............................
13.32
35......................
15.84
50............................
13.08
36......................
15.70
51............................
12.84
37......................
15.55
52............................
12.59
38......................
15.40
53............................
12.50
39......................
15.24
54............................
12.50


55 and over.............
12.50

_______________



[1] Made 29 May 1970.

[2] Made 29 May 1970.
[3] 1889 c. 63.

[4] References in the Order to "the Governor" should be read as references to "the Governor-General".
[5] References in the Order to "the Governor" should be read as references to "the Governor-General".
[6] Cabinet
[7] See Volume VI, 1967 Revised Edition (at p. 3347) as amended by Legal Notice No. 67 of 1970 (F.R.G.S. 1970, p. 195).
[8] Now the Judicial and Legal Services Commission.
[9] Chapter 59, 1967 Revised Edition. See now Chapter 77, 1978 Revised Edition.
[10] Statutes of New Zealand (1960 reprint) Vol. 10 p. 789.
[11] Chapter 59, 1967 Revised Edition. See now Chapter 77, 1978 Revised Edition.
[12] See Legal Notice No. 72 of 1973.
[13] Now the Permanent Secretary for Finance. See Legal Notice No. 137 of 1975.
[14] Now the Permanent Secretary for Finance. See Legal Notice No. 137 of 1975.
[15] 1892 c. 40.
[16] 1957 c. 62.
[17] Statutes of New Zealand (1960 Reprint) Vol. 10, p. 789.
[18] Statutes of New Zealand (1960 Reprint) Vol. 10, p.789.
[19] Now the Permanent Secretary for Finance. See Legal Notice No. 137 of 1975.
[20] Now the Permanent Secretary for Finance. See Legal Notice No. 137 of 1975.
[21] Now the Minister for Finance.


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