TONGA

LEGISLATIVE ASSEMBLY (AMENDMENT) ACT 2004

Act 13 of 2004

AN ACT TO AMEND THE LEGISLATIVE ASSEMBLY ACT

I assent,

TAUFA'AHAU TUPOU IV,
17th January, 2005

[11th October, 2004]

BE IT ENACTED by the King and the Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

1. (1) This Act may he cited as the Legislative Assembly (Amendment) Act 2004.

(2) The Legislative Assembly Act (Cap. 4), as amended is in this Act referred to as the Principal Act.

2. The heading of Part II of the Principal Act is amended by inserting the words "PENSIONS AND" before the word "GRATUITIES".

3. Section 10 of the Principal Act, is amended by

(i) deleting the word "Gratuities" in the marginal note and replacing it with "Pensions";

(ii) deleting the words "hili ha ta'u 'e 15 pe lahi hake 'ene Fale Alea" in the marginal note in the Tongan Version only;

(iii) by renumbering the provision as subsection (1)

(iv) inserting the following as subsection (2);

"(2) Rather than or complimentary to receiving the grant prescribed by subsection (1) a member may elect at any time after the commencement of this subsection, to receive upon his retirement a capital sum or by instalments, a sum calculated by adding all of the annual sums for each of the years that a Member has worked (C) calculated in accordance with the formula

C =ABS x APA

where -

ABS is the annual basic salary payable each year for a Member's service; and

APA is a Member's annual percentage accruals in accordance with the rates provided by the Schedule for each year:

Provided that this calculation shall only commence on the date that this subsection comes into effect.";

(v) inserting the following as subsection (3)-

"(3) Notwithstanding subsection (2) where a Member is entitled to a grant under subsection (1) after the commencement of this subsection, the calculation of his entitlements under subsection (2) shall only commence from the date that he was entitled to the grant under subsection (1).";

(vi) inserting the following as subsection (4)-

"(4) Pursuant to subsection (2) where a Member was not a Member during the whole of the financial year his annual percentage accrual for that year is reduced by multiplying the applicable rate provided by the Schedule by a number in accordance with the formula

NDM
365

Where - NDM is the number of days in that financial year on which that person was a Member;

(vii) inserting the following as subsection (5)-

"(5) Subsection (2), (3) and (4) shall come into effect on the 23 June, 2003."

4. Section 11 of the Principal Act is amended by deleting the words "kuo ta'u 15 pe lahi hake 'ene Fale Alea" in the marginal note and replacing it with "o e Fale Alea", in the Tongan version only.

5. Section 11(1) of the Principal Act is amended by

(i) deleting the words "for his Majesty in Council";

(ii) inserting after the word "below" in line 4, the words "or according to section 10(2) whichever is preferable to that person"; and

(iii) inserting a "comma" after the word "person" for the amendments in subsection (ii) above.

6. Section 11(3) of the Principal Act is amended by:

(i) deleting the words "for his Majesty in Council to grant a gratuity" and replacing it with the words "to grant a pension or gratuity";

(ii) inserting after the word "Member" in line 6, the words "or according to Section 10(2) whichever is preferable to that Member";

(iii) inserting a full stop after the word "Member" for the amendment in subsection (2) above.

7. Section 12(1) of the Principal Act is amended by deleting the words "other than a pensionable officer of Government".

8. Section 12(2) of the Principal Act is amended by deleting the proviso.

9. Section 13 of the Principal Act is repealed and replaced by a new section 13-

"13 Re-elected member's pension.

Where a Member of the Legislative Assembly is re-elected for a new term, after he has retired and received his pension in accordance with section 19(2) of this Act, he shall be entitled to continue on the annual percentage accrual rate on which he retired but he shall not be entitled to any sum for which he had already received."

10. The Principal Act is amended by inserting the following Schedule at the end of the Act.

"Schedule

TABLE FOR PENSIONS AND GRATUITY RATES FOR MEMBERS AND STAFF OF THE LEGISLATIVE ASSEMBLY

	Number of Years of Service	Percentage Rates on Basic Salary	
1.	1-9 years	15% each year	
2.	10-15 years	20% each year	
3.	16-18 years	25% each year	
4.	19 years and over	30% each year"	

Passed by the Legislative Assembly this 11 day of October, 2004.

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