FIJI

PENSIONS ACT 1983 (AMENDMENT) ACT 1985

ACT No. 10 OF 1985

I assent.

[L.S.]

P. K. GANILAU
Governor-General

4th July 1985

AN ACT

TO AMEND THE PENSIONS ACT, 1983 AND TO REPEAL THE GOVERNMENT EMPLOYEES PROVIDENT FUND ACT AND THE GOVERNMENT EMPLOYEES PROVIDENT FUND (WINDING UP) ACT, 1958

[                  ]

ENACTED by the Parliament of Fiji -

Short title, commencement, interpretation

1.-(1) This Act may be cited as the Pensions Act, 1983 (Amendment) Act, 1985.

(2) This Act shall come into force on a date to be appointed by the Minister in the Gazette, and different dates may be so appointed for different provisions of this Act.

(3) The Pensions Act, 1983 is in this Act referred to as the Principal Act.

Amendment to section 16

2. Subsection 16(3) of the Principal Act is repealed and replaced by the following-

"(3) A person payable to a beneficiary under this section shall commence on 17 May 1982 or upon the date of death of the officer or person in respect of whom it is payable, whichever date is the later. The pension shall accrue daily and be payable fortnightly and shall cease upon the death or remarriage of the beneficiary.".

Amendment to section 19

3. Paragraph 91(1) (e) of the Principal Act is amended by inserting after "temporary officers" the following–

"except where such officers were appointed as temporary officers prior to 1 November 1971 due to medical reasons".

Amendment to section 46

4. Sub-paragraph 46(2) (c) (ii) of the Principal Act is amended by deleting everything after the word "service" except for the full stop.

New section 51

5. The Principal Act is amended by inserting the following section after section 50-

"Transitional grant of gratuity

51. Where a public officer to whom Part 11 would have applied if this Act was in force on 17 May 1982, resigned from public service between 17 May 1982 and 28 March 1984 then the Minister may, in his discretion grant to either -

(i) that officer; or

(ii) the Fiji National Provident Fund for the benefit of that officer, a gratuity equal to three and one eighths of the annual pension which would have been payable to that officer if this Act had at the date of his resignation been in force and if he had retired on the date of his resignation in the circumstances described in paragraph 7(f) and had elected to receive a gratuity and reduced pension after his retirement."

Amendment to Regulation 16 of Second Schedule

6.-(1) Paragraph 16(1) (b) of the Second Schedule to the Principal Act is amended by deleting the words "prior to the first day of January 1948," and substituting -

"not being service in respect of which contributions are payable under the Government Employees Provident Fund Act, or the Fiji National Provident Fund Act.".

Repeal and replacement of First Schedule

7. The First Schedule to the Principal Act is repealed and replaced by the following Schedule –

"First Schedule

Pensionable Offices

All public officers within the undermentioned classification, not being officers specified in the Third and Fourth Schedules.

Occupational Classification (Office)	Salary
Classification	
		
Chief Justice ……………………………………………………………..	Special	
Puisne Judge ……………………………………………………………..	"	
Supervisor of Elections …………………………………………………..	"	
Director of Public Prosecutions ………………………………………….	"	
Ombudsman ……………………………………………………………...	"	
Auditor General ………………………………………………………….	Special	
Permanent Secretary ……………………………………………………..	US01	
Commissioner of Inland Revenue ……………………………………….	"	
Commissioner of Police ………………………………………………….	"	
Solicitor-General ………………………………………………………...	"	
Deputy Secretaries, Ministries of Finance, Education, Works …………..	US02	
Head of Mission/High Commissioner/Permanent Representative ………	"	
Comptroller of Customs …………………………………………………	"	
Directors, Ministries of Health, Posts and Telecommunications, Primary Industries, Lands and Survey General, Mineral Development, Economic Planning ………………………………………………………………….	"	
Chief Magistrate …………………………………………………………	"	
Divisional Commissioner ………………………………………………..	"	
Conservator of Forests …………………………………………………...	"	
Agricultural Tribunal …………………………………………………….	US03	
Director of Marine ……………………………………………………….	"	
Principal, Fiji School of Medicine ……………………………………….	"	
Consultant ………………………………………………………………..	"	
Director of Energy ……………………………………………………….	"	
Director of Meteorology …………………………………………………	"	
Deputy Commissioner of Police …………………………………………	"	
Director of Buildings and Government Architect ……………………….	"	
First Parliamentary Counsel ……………………………………………..	"	
Directors, Roads and Airfields, Water and Sewerage …………………...	"	
Director and Registrar of Co-operatives …………………………………	"	
Chief Registrar Supreme Court ………………………………………….	"	
Resident Magistrate ……………………………………………………...	"	
Controller of Government Supplies ……………………………………...	"	
Controller of Road Transport ……………………………………………	"	
Government Statistician …………………………………………………	"	
Chief Fisheries Officer …………………………………………………..	"	
Commissioner of Prisons ………………………………………………...	"	
Principal, Fiji Institute of Technology …………………………………...	US04	
Assistant Directors, Ministries of Health, Lands and Surveys, Mineral Development, Primary Industries, Posts and Telecommunications, Estates ……………………………………………………………………	"	
Chief Medical Officer ……………………………………………………	"	
Senior Clinical Tutor …………………………………………………….	"	
Chief Health Officer ……………………………………………………..	"	
Chief Education Officer ………………………………………………….	"	
Chief Accountant ………………………………………………………...	"	
Government Printer ……………………………………………………...	"	
Counsellor ………………………………………………………………..	"	
Director of Social Welfare ……………………………………………….	"	
Chief Administrative Officer …………………………………………….	US04	
Chief Economist …………………………………………………………	"	
Chief Labour Officer……………………………………...……………...	"	
Chief Planning Officer …………………………………..………………	"	
Deputy Auditor-General ……………………………………..…………..	"	
Director of Trade and Industry …………………………….…………….	"	
Director of Fair Trading ……………………..…………………………..	"	
Director of Youth and Sport ……………………..………………………	"	
Manager, EDP Services ………………………………………………….	"	
Secretary Prime Minster’s Relief and Rehabilitation Committee ……….	"	
Chief Energy Analyst ………………………………………….………...	"	
Deputy Commissioner of Prisons ………………………………………..	"	
Controller of Nursing Services …………………………………….…….	"	
Administrator-General ……………………………………………..…….	"	
Chief Legal Officer ………………………………………….…………...	"	
Divisional Engineers, Public Works Department (Central/Eastern, Northern and Western) ……………………………………..……………	"	
Deputy Comptroller of Customs …………………………………………	"	
Director of Information ………………………………………………….	"	
Controller of Postal Services …………………………………………….	"	
Assistant Commissioner of Police ……………………..………………...	"	
Deputy Commissioner of Inland Revenue……………………………….	"	
Director Town and Country Planning ………………………..………….	"	
Deputy Conservator of Forests ………………………………….……….	"	
Second Parliamentary Counsel, Crown Solicitor (Civil, Commercial and International) ………………………………………………………….....	"	
Administrative, Accounting and Clerical …………………………….….	AD01-AD07	
Agriculture and Animal Husbandry ………………………………..……	NS01-NS07	
Architecture and Building 	CS01-CS07	
Civil and Municipal Engineering………………………………………...	CS01-CS07	
Customs and Immigration ……………………………………………….	AD01-AD07	
Dental Services …………………………………………….…………….	DE01-DE07	
Education ……………………………………………………………..….	AD01-AD05	
Fisheries ………………………………………………………………….	NS01-NS07	
Forestry …………………………………………………………………..	NS01-NS07	
Health and Safety Inspection …………………………………………….	PM01-PM07	
Information ………………………………………………………..……..	AD01-AD07	
Land Management ……………………………………………………….	NS01-NS07	
Legal Services …………………………………………………………...	LG01-LG04	
Marine Service …………………………………………………………...	TG01-TG07	
Mechanical and Electrical Engineering ……………………………….…	ME01-ME07	
Medical Services …………………………………………………………	MD01-MD05	
Meteorological Services …………………………………………………	NS01-NS07	
Nursing …………………………………………………………………..	NU01-NU08	
Police and Security ………………………………………………………	PL01-PL09	
Postal Services …………………………………………………………...	AD01-AD07	
Printing and Stationery Officers …………………………………………	TG01-TG07	
Prison Services …………………………………………………………..	PN01-PN07	
Radio, Electronic Engineering …………………………………………...	RE01-RE08	
Reporting, Typewriting and Machine Operating ………………………...	RT01-RT06	
Pharmacy Officer ………………………………………………………...	PH01-PH06	
Dieticians-Nutritionists …………………………………………………..	PM02-PM077	
Laboratory Officers ……………………………………………………...	MP02-MP07	
Court Officers ……………………………………………………………	AD02-AD07	
Ship Building …………………………………………………………….	TG01-TG06	
Institutional Services ………………………………………………….....	TG04-TG07	
General Technical Services ……………………………………………...	TG03-TG07	
Social Work ……………………………………………...........................	AD01-AD07	
Supplies and Store Officers ……………………………………………...	SK01-SK07	
Taxation ………………………………………………………………….	AD01-AD06	
Teaching ………………………………………………………………....	TE01-TE08	
Telecommunications……………………………………………………..	TL01-TL07	

Repeal of certain Acts

8. The Government Employees Provident Fund Act and the Government Employees Provident Fund (Winding-up) Act, 1958 are repealed.

Passed by the House of Representatives this twenty-second day of May, in the year of our Lord one thousand, nine hundred and eighty-five.

Passed by the Senate this twenty-fourth day of June, in the year of our Lord one thousand, nine hundred and eighty-five.

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