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Last Updated: 16 February 2016
AN ACT TO PROVIDE FOR CONTINUITY OF CIVIL SERVICE FOR THE PURPOSES OF PENSIONS IN RESPECT OF OFFICERS SERVING WITH HER MAJESTY’S FORCES IN TIME OF WAR
[PENW 2] War service to count for pension purposes2
2
- (a)during the period of such service in Her Majesty’s Forces, including any period after the termination of the war (in this section referred to as “military service”), he or she shall be deemed, for the purposes of the Principal Acts, to have been on leave on full salary from the civil service in which he or she was last employed, and to have held the substantive office last held by him or her in that service prior to military service;
- (b)during any period between his or her leaving the civil service for the purpose of serving in Her Majesty’s Forces and the date of his or her commencing military service, he or she shall, for the purposes of the Principal Acts, be deemed to be on leave without salary, not granted on grounds of public policy, from the civil service in which he or she was last employed, and to have held the substantive office last held by him or her in that service prior to military service; and during any period between the termination of his or her militrary service and the date of his or her re-entering the civil service he or she shall, for the said purposes, be deemed to be on leave as aforesaid from the service, and to have held the substantive office, in which he or she is re-employed, provided that,
- (i)this section shall not apply when either period mentioned in paragraph (b) exceeds 3 months, or such longer period as the Minister may in any special case determine; or if the officer fails, after serving with Her Majesty’s Forces, to re-enter the civil service otherwise than in circumstances in which he or she would be permitted, under the law applicable to the civil service in which he or she is last employed prior to military service, to retire on pension or gratuity, such circumstances arising not later than the expiration of 3 months, or such longer period as may be determined as aforesaid, after the termination of his or her military service;
- (ii)if during any period mentioned in paragraph (a) the officer shall have qualified for pension, or received emoluments in lieu of pension rights, actually in respect of military service, paragraph (a) shall, as respects that period, have effect as if the words “leave without salary not granted on grounds of public policy” were substituted for the words “leave on full salary”;
- (iii)if during his or her military service the officer shall be injured or killed, he or she shall not, for the purposes of section 19 of, and regulation 23 of Schedule 3 to, the Pensions (1958) Act, or section 19 of, and regulation 13 of the Schedule to, the Pensions (1938) Ordinance, or section 19 of, and regulation 13 of the Schedule to, the Pensions Ordinance 1928, be deemed to have been injured or killed in the discharge of his or her duty;
- (iv)the provisions of this section which require that the officer shall be deemed to have held a specified office and to have been on leave from a specified service shall not apply in respect of any period during which he or she shall actually have held any other substantive office and have been on leave from any civil service;
- (v)save where in any particular case the Minister otherwise directs, this section shall not apply where the office in the civil service last held by the officer prior to military service was not a pensionable office;
- (vi)in the case of officers who, for the purpose of serving in Her Majesty’s Forces, left the civil service of Fiji before 2 June 1941, or left other civil service before the date specified in any provision corresponding to this proviso in the law relating to such service, paragraph (b) shall have effect as if the words “leave on full salary” were substituted for the words “leave without salary, not granted on grounds of public policy”.
[s 2 am Act 6 of 1963 s 3, effective 1 January 1958 ; LN 112 of 1970 O 29, effective 8 October 1970; Act 2 of 2016 s 20, effective 16 February 2016]