Statutory Bodies Pension Fund Act

Statutory Bodies Pension Funds Regulations 2011

[GN 7 of 2011 – 1 July 2008] [Section 20]

1. Short title

These regulations may be cited as the Statutory Bodies Pension Funds Regulations 2011.

2.  Interpretation

In these regulations –

"Act" means the Statutory Bodies Pension Funds Act.

3. Grant of pension benefit

(1) Subject to paragraph (2) and section 13 of the Act, an officer shall be granted a pension benefit –

 (a) where he is appointed on or after 1 July 2008, on his compulsory retirement from the service at the age of 65;

 (b) where he has been appointed before 1 July 2008 and has opted for the pension provisions effective as from 1 July 2008 –

  (i) but was born between 1 July 1948 and 31 July 1953 –

(A) on his retirement from the service at the age of 60; or

(B) on his compulsory retirement from the service on the appropriate new retirement date specified in the second column of the First Schedule corresponding to the appropriate month and year of birth specified in the first column of that Schedule;

  (ii) but is born on or after 1 August 1953, on his compulsory retirement from the service at the age of 65;

 (c) where he has been appointed before 1 July 2008 and has not opted for the pension provisions effective as from 1 July 2008, on his compulsory retirement from the service at the age of 60;

 (d) where he is appointed on or after 1 July 2008 and retires –

  (i) on or after attaining the age of 60; or

  (ii) on or after attaining the age of 55, with the approval of the statutory body;

 (e) where he has opted for the pension provisions effective as from 1 July 2008 and retires –

  (i) on or after attaining the age of 55 on the appropriate new retirement date specified in the second column of the Second Schedule corresponding to the appropriate month and year of birth specified in the first column of that Schedule; or

  (ii) on or after attaining the age of 50, with the approval of the statutory body, on the appropriate new retirement date specified in the second column of the Third Schedule corresponding to the appropriate month and year of birth specified in the first column of that Schedule;

 (f) where he has not opted for the pension provisions effective as from 1 July 2008 and retires –

  (i) on or after attaining the age of 55; or

  (ii) on or after attaining the age of 50, with the approval of the statutory body;

 (g) where he retires –

  (i) on or after attaining the age of 45, in the case of overmanning, with the approval of the statutory body;

  (ii) on or after attaining the age of 45 and having completed at least 10 years' pensionable service, with the approval of the statutory body;

  (iii) on the ground of ill – health;

  (iv) on the abolition of his office;

  (v) at the age of 50 or more at the request of the statutory body and with his consent; or

  (vi) on any other ground approved by the statutory body; or

 (h) on his compulsory retirement on any other lawful ground.

(2) (a) Where an officer appointed on or after 1 July 2008 retires on or after attaining the age of 45 under paragraph (1)(g)(ii), no pension shall be payable to him until he attains the age of 55.

 (b) Where an officer appointed before 1 July 2008 –

  (i) has opted for the pension provisions effective as from 1 July 2008 and retires on or after attaining the age of 45 under paragraph (1)(g)(ii), no pension shall be payable to him until he attains the appropriate new retirement date specified in the second column of the Third Schedule corresponding to the appropriate month and year of birth specified in the first column of that Schedule; or

  (ii) has not opted for the pension provisions effective as from 1 July 2008 and retires on or after attaining the age of 45 under paragraph (1)(g)(ii), no pension shall be payable to him until he attains the age of 50.

(3) An officer appointed before 1 July 2008 who has attained the age of 60, or the appropriate new retirement date specified in the second column of the First Schedule corresponding to the appropriate month and year of birth specified in the first column of that Schedule, may, with the approval of the statutory body, be allowed to remain in service beyond the age of 60, but not beyond the age of 65, where the statutory body considers that the continuation of his service would be in its interest.

4. Computation of pension and gratuity

(1) Every officer who reckons not less than 10 years, pensionable service may be granted on retirement a pension –

 (a) where he has been appointed before 1 July 2008, at the annual rate of 1/600; or

 (b) where he is appointed on or after 1 July 2008, at the annual rate of 1/690,

of his pensionable emoluments for every complete month of his pensionable service, provided that a member of the medical profession or dental profession may be granted, on retirement, a pension –

  (i) where he has been appointed before 1 July 2008, at the annual rate of 1/540; or

  (ii) where he is appointed on or after 1 July 2008, at the annual rate of 1/621,

of his pensionable emoluments for every complete month of his pensionable service.

(2) Every officer, otherwise qualified for a pension, who reckons less than 10 years pensionable service may be granted, on retirement, a gratuity of an amount representing –

 (a) in the case where he has been appointed before 1 July 2008 and has not opted for the pension provisions effective as from 1 July 2008 –

  (i) the equivalent of 15 per cent of his last monthly salary multiplied by the number of months of pensionable service; or

  (ii) one year's pensionable emoluments,

whichever is the lesser;

 (b) in any other case –

  (i) the equivalent of 18 per cent of his last monthly salary multiplied by the number of months of pensionable service; or

  (ii) one year's pensionable emoluments,

whichever is the lesser.

(3) Subject to section 7 of the Act, half of the period of any service in a statutory body under any traineeship, studentship, cadetship or apprenticeship scheme, when immediately followed by appointment in the related grade in the service, shall be reckoned as pensionable service.

(4) The pensionable emoluments shall include –

 (i) the estimated value of free quarters or rent allowance, taken as 1/10 of the annual basic salary of the officer, subject to a maximum of 5,500 rupees per annum; and

 (ii) the monetary value of the use of a chauffeur-driven official car or 75 per cent of the monetary value of the use of a self-driven official car.

(5) Subject to paragraph (6) –

 (a) every officer who holds or has held an academic post in, and has a PhD degree recognised by, the University of Mauritius or the University of Technology, Mauritius, shall be entitled, in addition to his period of pensionable service computed in accordance with paragraph (1), to an additional period of 4 months' pensionable service for every 3 years of post-doctoral effective service in respect of an academic post occupied by him, subject to a maximum of 40 months;

 (b) every officer who is appointed in the service of the Mauritius Oceanography Institute or the Mauritius Research Council and who holds a PhD Degree recognised by the Institute or the Council, as the case may be, shall be entitled, in addition to his period of pensionable service computed in accordance with paragraph (1), to an additional period of 4 months' pensionable service for every 3 years of post-doctoral effective service, subject to a maximum of 40 months.

(6) Subject to section 13 of the Act, a pension granted to an officer under these regulations shall not exceed 2/3 of his annual pensionable emoluments.

(7) Where an officer has been appo

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