TONGA

PENSIONS (AMENDMENT) ACT 1992

Act 19 of 1992

AN ACT TO AMEND THE PENSIONS ACT

I assent,
TAUFA'AHAU TUPOU IV,
22nd October, 1992

[22nd September, 1992]

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

1. (1) This Act may be cited as the Pensions (Amendment) Act 1992.

The Pensions Act (Cap. 8) is in this Act referred to as the Principal Act.

2. Section 15 of the Principal Act is deleted and substituted by the following:

"Where an officer holding a pensionable office who is not serving on probation on agreement dies while in the service of the Kingdom it shall be lawful for His Majesty in Council to grant to his wife or legitimate child or children under the age of 21 years or his legal personal representative in a capital sum a gratuity of an amount not exceeding one year's pensionable emoluments. In every case such gratuity shall be used by the grantee for the payment of any debts and funeral and testamentary expenses of the officer and any sum not so used shall form part of the residue of the officer's estate".

3. Section 16 of the Principal Act is deleted and substituted by the following:

"Where an officer to whom a pension has been granted under this Act dies it shall be lawful for His Majesty in Council to grant to his wife or legitimate child or children under the age of 21 years or his personal legal representative in a capital sum a gratuity of an amount not exceeding the equivalent of one year's pension. In every case such gratuity shall be used by the grantee for the payment of any debts and funeral and testamentary expenses of the deceased pensioner and any sum not so used shall form part of the residue of the officer's estate".

4. Section 17 of the Principal Act is amended by –

(a) deleting the words "legal personal representative in a capital sum or by instalments" and substituted by the words "wife or legitimate child or children under the age of 21 years or his legal personal representative in a capital sum";

(b) deleting the last sentence thereof and substituted by the following:

"In every case such gratuity shall be used by the grantee for the payment of any debts and funeral and testamentary expenses of the officer and any sum not so used shall form part of the residue of the officer's estate".

Passed in the Legislative Assembly this 22nd day of September, 1992.

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