Public Service Pensions (Ex-Gratia Pensions) Regulations (2011 Revision) PUBLIC SERVICE PENSIONS LAW

Public Service Pensions (Ex-Gratia Pensions) Regulations (2011 Revision) Supplement No. 9 published with Gazette No. 24 of 21st November, 2011. PUBLIC SERVICE PENSIONS LAW (2011 Revision) PUBLIC SERVICE PENSIONS (EX-GRATIA PENSIONS) REGULATIONS (2011 Revision) Revised under the authority of the Law Revision Law (1999 Revision) The Public Service Pensions (Ex-Gratia Pensions) Regulations 2004 made the 1st day of June, 2004 consolidated with the Public Service Pensions (Ex-Gratia Pensions) (Amendment) Regulations, 2009. Consolidated and revised this 31st day of July, 2011. Public Service Pensions (Ex-Gratia Pensions) Regulations (2011 Revision) 2 Public Service Pensions (Ex-Gratia Pensions) Regulations (2011 Revision) PUBLIC SERVICE PENSIONS (EX-GRATIA PENSIONS) REGULATIONS (2011 Revision) ARRANGEMENT OF REGULATIONS 1. Citation 2. Eligibility for ex-gratia pensions 3. Application for ex-gratia pension and grant 4. Savings Schedule 3 Public Service Pensions (Ex-Gratia Pensions) Regulations (2011 Revision) 4 Public Service Pensions (Ex-Gratia Pensions) Regulations (2011 Revision) PUBLIC SERVICE PENSIONS (EX-GRATIA PENSIONS) REGULATIONS (2011 Revision) 1. These regulations may be cited as the Public Service Pensions (Ex-Gratia Citation Pensions) Regulations (2011 Revision). 2. (1) Any Caymanian (as defined in the Immigration Law (2011 Revision)) Eligibility for ex-gratia pensions who- 2011 Revision (a) is sixty years of age or older; or (aa) resides in the Islands; (b) is not sixty years of age but who has been certified by the Chief Medical Officer of the Government as being permanently disabled; and (c) held an office in the Public Service or the Other Public Service for any period of at least four or more years in the aggregate; and (d) during at least four years (in the aggregate) of his said service, was not entitled to a pension or did not receive a contracted officer’s supplement or similar compensation, may apply for an ex-gratia pension in accordance with these regulations. 3. (1) An application for an ex-gratia pension shall be made in the form set Application for ex-gratia pension and grant out in Part I of the Schedule and shall be submitted to the Director, Public Service Pensions and such application shall be accompanied by- (a) a letter setting out the applicant’s grounds for applying for the grant of an ex-gratia pension; (b) where applicable, a medical certificate signed by the Chief Medical Officer of Health stating that the applicant is permanently disabled; (c) the applicant’s original birth certificate or passport and, where applicable, the applicant’s status certificate; and (d) either- (i) a letter signed by or on behalf of the Permanent Secretary of the Personnel Department of the Government or the manager of the relevant statutory authority confirming that the applicant, or the person in respect of whose service the application is made, has held an office in the service of the Islands for any period of four or more years in the aggregate; or 5 Public Service Pensions (Ex-Gratia Pensions) Regulations (2011 Revision) (ii) two affidavits in the form prescribed in Part II of the Schedule made by two reputable persons having knowledge of the service of the applicant, or the person in respect of whose service the application is made, confirming that the applicant (or that person) has held an office in the service of the Islands for any period of four or more years in the aggregate. (2) If the Board is satisfied that the application is one which ought to be granted it shall grant the application. (3) The Board shall not grant an application for an ex-gratia pension where- (a) it is of the opinion that the applicant does not meet the conditions set out in regulation 2; or (b) where the applicant has failed to provide the information required under subregulation (1), and the decision of the Board shall be final. (4) Where the Board rejects an application it shall give the applicant reasons for that rejection. (5) Where an application for an ex-gratia pension is granted under sub- regulation (2), there shall be paid out of the Fund to the applicant an ex-gratia pension of an amount ascertained in accordance with subregulation (6). (6) Where- (a) the office in the service of the Islands in respect of which an ex- gratia pension has been granted was held for a period in the aggregate of four or more years but less than ten years, the ex- gratia pension shall be the sum of three hundred dollars each month; and (b) the office in the service of the Islands in respect of which an ex- gratia pension has been granted was held for a period in the aggregate of ten or more years, the ex-gratia pension shall be calculated as if the applicant had been eligible to participate in the defined benefits part of the Plan for the period of service but shall not be a sum of less than four hundred and fifty dollars each month. (7) The provisions of the Law relating to the payment of pensions or other benefits under the Law, excluding the provisions of the Law relating to the payment of benefits to spouses and children, but including the circumstances in 6 Public Service Pensions (Ex-Gratia Pensions) Regulations (2011 Revision) which benefits cease to become payable, shall apply (with any necessary modifications) to the payment of ex-gratia pensions under these regulations. 4. (1) Every ex-gratia pension granted under the former Regulations shall Savings continue to be paid by the Board with the same effect as if these regulations had not come into force. (2) Every application for an ex-gratia pension made under the former Regulations and which has not yet been dealt with on the date of commencement of these regulations or has been partly dealt with by the Board on the date of commencement of these regulations shall be dealt with or continued, as the case may be, in all respects under these regulations. (3) Every appeal relating to an ex-gratia pension made under the former Regulations and which has not yet been dealt with on the date of commencement of these regulations or has been partly dealt with on the date of commencement of these regulations shall be dealt with or continued, as the case may be, in all respects under these regulations. (4) In this regulation - “Board” has the meaning assigned to that expression in the Law; and “former Regulations” means the principal Regulations in force immediately before the date of commencement of these regulations. 7 Public Service Pensions (Ex-Gratia Pensions) Regulations (2011 Revision) SCHEDULE regulation 3 PART I Ex-Gratia Pension Application Form In order to complete the application process for ex-gratia pension, we need you to complete this form. When you have checked the form and signed it, please return it to the Director, Public Service Pensions, along with your Birth Certificate or Passport. Please provide us with the original certificate, which will be returned to you. Please print clearly on lines below Name First Middle Last Salutation Mr./ Mrs./ Miss / Other Employee number (if known) Sex Male or Female Nationality Date of Birth Day Month Year Date of Hire Day Month Year Date of Retirement Day Month Year 8 Public Service Pensions (Ex-Gratia Pensions) Regulations (2011 Revision) Government Department/ Statutory Authority Street Address House: District: Island: Zip: P.O. Box and District: Telephone Work Home Marital Status Single Married Divorced Widowed Separated Date of Marriage (if applicable) Day Month Year 9 Public Service Pensions (Ex-Gratia Pensions) Regulations (2011 Revision) Spouse’s name First Middle Last Salutation Mr./ Mrs./ Miss/ Other Indicate whether you have ever at any time been the recipient of a pension, contracted officer’s supplement or such similar compensation from the Government of the Cayman Islands or from a statutory authority for public service. Yes or No (Circle One). If yes, please provide dates for which payments were received. The foregoing information is believed to be a true and correct account. Signature Date Address of the Director, Public Service Pensions: Public Service Pensions Board P.O. Box 912 George Town Grand Cayman For official use only: Item Y N Follow-up Applicant’s Birth Certificate/Passport Status Certificate Cover letter 10 Public Service Pensions (Ex-Gratia Pensions) Regulations (2011 Revision) Pension Administration Approved: Director, Public Service Pensions Signature ____________________ Date__________ PART II ---------------------------------------- AFFIDAVIT ---------------------------------------- I, OF [ADDRESS] do make oath and declare as follows- 1. From [date] until [date], the applicant (insert name) was employed as ______________________ in the __________________ [name of department /ministry/portfolio] of the Cayman Islands Government or by [name of statutory authority]. 2. (Name of applicant) did not receive, during his service with the [Public Service/ Other Public Service], a pension, contracted officer’s supplement or such similar compensation from [date] to [date]. _____________________________ Signature Sworn before me at this _____________ day of _____________ [ YEAR ]. NOTARY PUBLIC/ JUSTICE OF THE PEACE . 11 Public Service Pensions (Ex-Gratia Pensions) Regulations (2011 Revision) Publication in consolidated and revised form authorised by the Governor in Cabinet this 1st day of November, 2011. Kim Bullings Clerk of Cabinet (Price $ 2.40) 12