SOLOMON ISLANDS

PRIME MINISTER'S (PENSIONS AND BENEFITS) act 2014
(NO. 17 of 2014)

PASSED by the National Parliament this fourth day of September 2014.
(This printed impression has been carefully compared by me with the Bill passed by Parliament and found by me to be a true copy of the Bill)

Taeasi Sanga (Mrs)
Clerk to National Parliament

ASSENTED to in Her Majesty's name and on Her Majesty's behalf this twenty second day of September 2014.

Sir Frank Utu Ofagioro Kabui
Governor-General

Date of Commencement: see section 1

AN ACT TO PROVIDE PENSIONS AND OTHER BENEFITS FOR PERSONS WHO CEASE TO HOLD THE OFFICE OF PRIME MINISTER AND FOR THEIR WIDOWS; AND TO PROVIDE FOR MATTERS INCIDENTIAL TO THE FOREGOING OR CONNECTED THEREWITH.

ENACTED by the National Parliament of Solomon Islands.

ARRANGEMENT OF sections

1. Short title and commencement
2. Interpretation
3. Prime Minister's pension 
4. Right to pension to cease temporarily 
5. Annual rate of pension 
6. Widow's pension 
7. Sources and methods of payment of pension 
8. Protection of pension 
9. Ex-gratia payment
10. Residence
11. Vehicle
12. Medical treatment
13. National Representative
14. Regulations

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PRIME MINISTER'S
(PENSIONS AND BENEFITS) act 2014

Short title and commencement

1. This Act may be cited as the Prime Minister's (Pensions and Benefits) Act, 2014, and shall come into operation on such date as the Minister may appoint by notice published in the Gazette. 

Interpretation

2. In this Act – 

"Minister" means the Prime Minister;

"Prime Minister" means any person who has held the office of Prime Minister having been elected Prime Minister pursuant to section 33 in accordance with Schedule 2 of the Constitution, and who ceases or has ceased to hold office; and

"spouse" means a person who is married in accordance with the Islander's Marriage Act (cap 171).

Prime Minister's pension

3. Every person who having held the office of Prime Minister on or after the 7th day of July 1978 shall, subject to section 4, be paid a pension during the lifetime of that person. 

Right to pension to cease temporarily

4. (1) Where a Prime Minister to whom a pension is payable –

(a) is re-elected and re-appointed to the Office of Prime Minister; or

 (b) is appointed to a public office, 

 the pension payable shall cease to be payable during the time the person holds any of the aforesaid offices.

 (2) When a Prime Minister ceases to hold any office as mentioned in subsection (1) the right to pension shall be restored.

Annual rate of pension

5. The pension payable shall be at an annual rate of 60% of the current salary payable to the incumbent. 

Widow's pension

6. (1) Where a person dies while he is the Prime Minister or while he is entitled to receive a pension his spouse shall be entitled to be paid a pension at an annual rate of 40% of the pension receivable by the pensioner at the time of his death. 

(2) A spouse mentioned in subsection (1) shall not be entitled to receive a pension under this section if she remarries.

Sources and methods of payment of pension

7. Any pension payable under this Act shall – 

 (a) be charged on and paid out of the Consolidated Fund; and;

(b) be paid fortnightly. 

Protection of pension

 8. Any pension payable under this Act shall not –

(a) be assignable or transferable except for the purpose of satisfying a debt due to the government or an order of any court for the payment of periodical sums of money towards the maintenance of the spouse, and a child being a minor of the person to whom the pension is payable; or

(b) be liable to be attached, sequested or levied upon for or in respect of any debt or claim whatever except a debt due to the government or any sum recoverable pursuant to such order of any court as is mentioned in paragraph (a).

Ex-gratia payment

9. (1) A Prime Minister shall be paid an ex-gratia payment of $75,000.00 or such greater sum, equivalent to and payable to a Prime Minister under the current Members of Parliament (Entitlements) Commission Regulations for each term of office he has served.

 (2) The spouse of a Prime Minister shall also be qualified to receive an ex-gratia payment equivalent to fifty percent of the payment received by the Prime Minister pursuant to subsection (1).

 (3) On the coming into operation of this Act, the provisions relating to pensions payable under the Members of Parliament (Entitlements) Commission Regulations to Members of Parliament who have held the office of Prime Minister shall cease.

Residence

10. (1) A Prime Minister shall be provided with a residence free of rent and the cost of water, gas and electricity shall be paid for by the Government.

 (2) If no residence is provided in accordance with subsection (1), a Prime Minister, shall be entitled to a monthly housing allowance at a rate equivalent to the upper limit of the range prescribed or determined from time to time by the Members of Parliament (Entitlements) Commission Regulations in respect of Cabinet Ministers irrespective of whether the Prime Minister lives in his own house.

Vehicle

11. (1) A Prime Minister shall be provided with a vehicle for use in connection with his normal duties, or an outboard motor or boat allowance, if he resides in his village.

 (2) If no vehicle is provided in accordance with subsection (1), a Prime Minister shall be entitled to a monthly transport allowance at a rate determined or prescribed from time to time by the Members of Parliament (Entitlements) Commission Regulations in respect of Cabinet Ministers irrespective of whether the Prime Minister owns a private vehicle.

Medical treatment

12. A Prime Minister shall be entitled to medical treatment as prescribed from time to time under the Members of Parliament (Entitlements) Commission Regulations. 

National Representative

13. Where a Prime Minister is assigned to undertake any assignment on behalf of Solomon Islands, he shall be entitled to receive protocols, courtesies and benefits, as may be appropriate.

Regulations

14. The Minister may make regulations in respect of all matters that are required or are reasonably necessary or convenient to prescribe and for carrying into effect any of the purposes or provisions of the Act.