Power to Withhold Pensions

Power To Withhold Pensions Etc


110.- 1. Where under any law any person or authority has a discretion-

a. to decide whether or not any pensions benefits shall be granted; or

b. to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the Public Service Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.

2. Where the amount of any pensions benefits that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the Public Service Commission concurs in his being granted benefits of a smaller amount.

3. The Public Service Commission shall not concur under subsection (1) or subsection (2) of this section in any action taken on the ground that any person who holds or has held the office of a judge of the Supreme Court, Director of Public Prosecutions or Director of Audit or Supervisor of Elections has been guilty of misbehavior in that office unless he has been removed from that office by reason of such misbehavior.

4. Before the Public Service Commission concurs under subsection (1) or subsection (2) of this section in any action taken on the ground that any person (who holds or has held any office to which, at the time of such action, section 103 of this Constitution applies) has been guilty of misbehavior in that office, the Public Service Commission shall consult the Judicial and Legal Services Commission.

5. In this section "pensions benefits" means any pensions, compensations, gratuities or other like allowances for persons in respect of their service as judges or officers of the Supreme Court or public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service.

6. In this section references to service as a public officer include service in an office established under section 12 of the Supreme Court Order.

Constitution of Antigua

1. The State and its Territory
2. Constitution is Supreme Law
3. Fundamental Rights and Freedoms of the Individual
4. Protection of Right to Life
5. Protection of Right to Personal Liberty
6. Protection from Slavery and Forced Labour
7. Protection from Inhuman Treatment
8. Protection of Freedom of Movement
9. Protection from Deprivation of Property
10. Protection of Person Or Property from Arbitrary Search Or Entry
11. Protection of Freedom of Conscience
12. Protection of Freedom of Expression Including Freedom of the Press
13. Protection of Freedom of Assembly And Association
14. Protection from Discrimination On the Grounds of Race, Sex Etc.
15. Provision to Secure Protection of the Law
16. Derogations from Fundamental Rights And Freedoms Under Emergency Powers
17. Protection of Persons Detained-under Emergency Laws
18. Enforcement of Protective Provisions
19. Protection from Derogations from Fundamental Rights and Freedoms Generally
20. Declaration of Public Emergency
21. Interpretation and Savings
22. Establishment Of Office
23. Acting Governor-general
24. Oaths
25. Deputy to Governor-General
26. Public Seal
27. Establishment of Parliament
28. Composition of the Senate
29. Qualifications for Appointment as Senators
30. Disqualifications from Appointment as Senators
31. Tenure of Office of Senators
32. Appointment of Temporary Senators
33. President and Vice-president
34. Attendance of Attorney-general at Proceedings of Senate
35. Attendance at Proceedings of Senate of Ministers who are Members of the House
36. Composition of the House
37. Attendance at Proceedings of the House of Ministers who are Senators
38. Qualifications for Election as a Member of the House
39. Disqualifications from Election as a Member of the House
40. Election of Members of the House
41. Tenure of Seats of Members of the House
42. Speaker and Deputy Speaker
43. Clerks to Houses of Parliament and their Staffs
44. Determination of Questions of Membership
45. Unqualified Persons Sitting or Voting
46. Power to Make Laws
47. Alternation of this Constitution and Supreme Court Order
48. Oath of Allegiance by Members of Parliament
49. Presiding in Senate and House
50. Quorum
51. Voting
52. Mode of Exercising Legislative Power
Constitution Pensions Power 2022

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