Pensions

Pensions

Pensions

Pensions

- Constitution of Guyana

Pensions

213. (1) Subject to the provisions of the next following article, the law applicable to any benefits to which this article applies shall, in relation to any person who has been granted, or who is eligible for the grant or, such benefits, be that in force on the relevant date or any later law that is not less favourable to that person.

(2) In the preceding paragraph "the relevant date" means––

(a) in relation to any benefits granted before the commencement of this Constitution the date on which those benefits were granted;
(b) in relation to any benefits granted or to be granted after the commencement of this Constitution to or in respect of any person who was a public officer before such commencement, the day immediately receding such commencement; and
(c) in relation to any benefits granted or to be granted to or in respect of any person who becomes a public officer after the commencement of this Constitution, the date on which he becomes a public officer.

(3) Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this article, be deemed to be more favourable to him than the other law or laws.

(4) Any benefit to which this article applies (not being a benefit that is a charge upon some other public funds of Guyana) shall be a charge upon the Consolidated Fund.

(5) In this article references to the law applicable to any benefits to which this article applies include (without prejudice to their generality) references to any law relating to the time at which and the manner in which any person may retire in order to become eligible for those benefits.

214. (1) Where under any law any person or authority has a discretion––

(a) to decide whether or not any benefits to which this article applies shall be granted; or
(b) to withhold, reduce in amount or suspend any such benefits that have been granted,

those benefits shall be granted any may not be withheld, reduced in amount or suspended unless the appropriate 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 benefits to which this article applies 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 appropriated Commission concurs in his being granted benefits of a smaller amount.

(3) The appropriate Commission shall not concur under paragraph (1) or paragraph (2) in action taken on the ground that any person who holds or has held the office of a Judge of the Supreme Court of Judicature, Director of Public Prosecutions, Auditor General or Commissioner of Police has been guilty of misbehaviour unless he has been removed from office by reason of such misbehaviour.

(4) In this article "the appropriate Commission" means––

(a) in the case of benefits for which any person may be eligible or that have been granted in respect of the service in the public service of a person who, immediately before he ceased to be a public officer––

(i) was a Judge of the Supreme Court of Judicature, or was the Director of Public Prosecutions and provision was then in force under article 203(6), or was subject to the disciplinary control of the Judicial Service Commission, the Judicial Service Commission;
(ii) was a teacher in the public service, the Teaching Service Commission;
(iii) was the Commissioner of Police or other member of the Police Force, the Police Service Commission; and

(b) in any other case, the Public Service Commission.

215. (1) The preceding two articles apply to any benefits that are or may become payable under any law providing for the grant of pensions, compensation, gratuities or other like allowances to persons in respect of their service as public officers or to the widows, children, dependents or personal representatives of such persons in respect of such service.

(2) The said two articles and paragraph (1) of this article shall have effect as if service as a Judge of the Supreme Court of Judicature or as the Clerk or Deputy Clerk or the National Assembly were service in the public service.


Basic Law of Guyana

Preamble
The State And The Constitution
Priniples And Bases Of The Political, Economic And Social System
Fundamental Rights and Freedoms of the Individual
Citizenship
Supreme Organs of Democratic Power
Composition Of Parliament
Elections
Powers and Procedure of Parliament
Local Democracy
Local Democratic Organs
The National Congress of Local Democratic Organs
The Supreme Congress of the People
The President
The Executive
The Judicature
The Supreme Court of the Judicature
Judges of the Supreme Court of Judicature
Appeals
The Service of Commissions
Protection of Fundamental Rights and Freedoms of the Individual
Parliament
The Supreme Congress Of The People
The President
Minister, Etc.
The Ombudsman
The Judicature
The Service Commissions
The Judicial Service Commission
The Police Service Commission
Pensions
Finance
Miscellaneous
Interpretation

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