Constitution of The BahamasIn briefGuarantees that pensions and similar awards for public service are governed by the law in force on the relevant date or any later law that is no less favourable.
Subject to the provisions of Articles 123 and 124 of this Constitution, the law applicable to the grant and payment to any officer, or to his widow, children, dependents or personal representatives, of any pensions, compensation, gratuity or other like allowance (in this an "award") in respect of the service of that officer in a public office shall be that in force on the relevant date or any later law tat is not less favorable to that person.
Subject to Articles 123 and 124 of this Constitution, the law that governs the grant and payment of any pension, compensation, gratuity (lump-sum payment) or similar allowance (called an "award" in this Article) to an officer, or to the officer's widow, children, dependants or personal representatives (the people who manage a deceased person's estate), for that officer's service in a public office (a paid post in the Government's service) is the law in force on the relevant date, or any later law that is no less favourable to that person.
In paragraph (1) of this Article "the relevant date" means-
In paragraph (1) of this Article "the relevant date" means:
in relation to an award granted before 10th July 1973, the date on which the award was granted;
for an award granted before 10th July 1973, the date on which the award was granted;
in relation to an award granted or to be granted on or after 10th July 1973 to or in respect of any person who was a public officer before that date 9th July 1973;
for an award granted, or to be granted, on or after 10th July 1973 to or in respect of a person who was a public officer before that date, 9th July 1973;
in relation to an award granted or to be granted to or in respect of any person who becomes a public officer on or after 10th July 1973, the date on which he becomes a public officer.
for an award granted, or to be granted, to or in respect of a person who becomes a public officer on or after 10th July 1973, the date on which that person becomes a public officer.
Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this Article, be deemed to be more favorable to him than the other law or laws.
Where a person has the right to choose which of two or more laws applies in their case, the law they choose is treated, for the purposes of this Article, as more favourable to them than the other law or laws.
Awards granted under any law in respect of service in a public office (not being awards that are a charge upon some other public fund of The Bahamas) are hereby charged on the Consolidated Fund.
Awards granted under any law for service in a public office are charged on the Consolidated Fund (the Government's main account, so they must be paid from it), unless they are a charge on some other public fund of The Bahamas.
For the purposes of this Article and of Articles 123 and 124 of this Constitution, service as a Justice of the Supreme Court or Justice of Appeal shall be deemed to be service in the public service.
For the purposes of this Article and Articles 123 and 124 of this Constitution, service as a Justice of the Supreme Court or Justice of Appeal counts as service in the public service.