Constitution of The Bahamas

ContentsChapter VIII. The Public ServicePart VI. Pensions

Article 123. Grant and withholding of pensions, etc.Granting and withholding pensions

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123.

In briefGives the Governor-General, on the appropriate Service Commission's recommendation, power to grant, withhold, reduce or suspend discretionary pension awards, with protection for judges and the Auditor-General.

(1)

The power to grant any award under any pensions law for the time being in force in The Bahamas (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf contained in any such law, to withhold, reduce in amount or suspend any award payable under any such law is hereby vested in the Governor-General.

The power to grant any award under any pensions law in force in The Bahamas (other than an award that the person it is payable to is entitled to as of right under that law), and, as that law allows, to withhold, reduce or suspend any award payable under such a law, belongs to the Governor-General.

(2)

The power vested in the Governor-General by paragraph (1) of this Article shall be exercised by him on the recommendation of the appropriate Service Commission.

The Governor-General exercises the power given by paragraph (1) of this Article on the recommendation of the appropriate Service Commission.

(3)

The appropriate Service Commission shall not recommend to the Governor-General that any award for which a person who holds or has held the office of a Justice of the Supreme Court or Justice of Appeal or Auditor-General is eligible shall not be granted, or that any award payable to him shall be withheld, reduced in amount or suspended, on the ground that he has been guilty of misbehavior unless he has been removed from office by reason of such misbehaviour.

The appropriate Service Commission cannot recommend to the Governor-General, on the ground of misbehaviour, that an award for which a person who holds or has held the office of Justice of the Supreme Court, Justice of Appeal or Auditor-General is eligible should not be granted, or that an award payable to that person should be withheld, reduced or suspended, unless that person has been removed from office because of that misbehaviour.

(4)

In this Article and in Article 124 of this Constitution "the appropriate Service Commission" means-

In this Article and in Article 124 of this Constitution "the appropriate Service Commission" means:

(a)

in the case of an award that may be granted or is payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office serving-

for an award that may be granted or is payable to a person who, having been a public officer, was serving immediately before the date they stopped holding public office:

(i)

as a Justice of the Supreme Court or Justice of Appeal;

as a Justice of the Supreme Court or Justice of Appeal; or

(ii)

in any public office to which the provision of Article 117 of this Constitution applied on that date, the judicial and Legal Service Commission;

in any public office to which Article 117 of this Constitution applied on that date, the Judicial and Legal Service Commission;

(b)

in the case of an award that may be granted or is payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office, serving as a the date on which he ceased to hold public office, serving as a member of the Police Force, the Police Service Commission;

for an award that may be granted or is payable to a person who, having been a public officer, was serving as a member of the Police Force immediately before the date they stopped holding public office, the Police Service Commission;

(c)

in any other case the Public Service Commission.

in any other case, the Public Service Commission.

(5)

In this Article "pension law" means nay law relating to the grant to any person or to the widow, children, dependents or personal representatives of that person, of an award of any pension, compensation, gratuity or other like allowance in respect of the service of that person in a public office an includes any instrument make under any such law.

In this Article "pensions law" means any law about granting an award of a pension, compensation, gratuity (lump-sum payment) or similar allowance to a person, or to that person's widow, children, dependants or personal representatives (the people who manage a deceased person's estate), for that person's service in a public office. It includes any instrument (such as regulations) made under such a law.

Grant and withholding of pensions, etc.Granting and withholding pensions

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