Section 2: Interpretation

2. Interpretation (1) In this Act— “adjustment contribution” means the total amount of contributions payable in respect of a non-contributory period; “annual salary”— (a) in relation to a contributor— (i) means the annual salary or wages attached to his office or post; and (ii) includes any allowance, by whatever name called, which is pensionable; (b) in relation to a contributor who has been acting in a higher office, means the retiring salary used to compute the retiring pension under the Pensions Act; (c) in relation to a member of the Assembly who has not reached the age of 65, means— (i) the annual salary payable to a member immediately before he ceases to be a member; or (ii) the annual salary drawn in respect of any office established by the Constitution and held by him at any time while he was a member, whichever is the higher; (d) in relation to a member of the Assembly who opts to contribute 4 per cent throughout his legislative service, means— (i) the annual salary payable to a member immediately before he ceases to be a member; or (ii) the annual salary of the highest office established by the Constitution and held by him at any time while he was a member, whichever is the higher; “appointment” means appointment to a pensionable office or as a permanent employee in the service of Government; “approved service” has the same meaning as in the Pensions Act; “associate” has the same meaning as in the Widows’ and Orphans’ Pension Fund Act (former Cap 342); “basic unreduced pension”— (a) in relation to a contributor, means the annual pension on which is based the determination of the pension accruing to his surviving spouse or to his children, computed at the rate of one six hundred and ninetieth of his annual salary at the date of his death or the date he ceases to be a public officer or an employee, as the case may be, whichever is the earlier, for each completed month of his contributory service up to a maximum of 460 months; or [Issue 4] C23 – 2 Revised Laws of Mauritius (b) in relation to a public officer and a member of the Assembly in post as at 30 June 2008, means the basic unreduced pension, computed at the rate of one six hundredth of the annual salary of the contributor as at the date of his death, the date the contributor opts to cease to contribute or the date he ceases to be a public officer, an employee or a member of the Assembly, as the case may be, whichever is the earlier, for each completed month of his contributory service up to a maximum of 400 months; or (c) in relation to a member of the Assembly, who has opted to contribute 4 per cent throughout his legislative service, means two thirds of his annual salary; “Board” means the Civil Service Family Protection Scheme Board; “Chairperson” means the Chairperson of the Board; “child”, in relation to a contributor— (a) means a legitimate or legitimated child, a natural acknowledged child or a child whose filiation has been pronounced by a Court of law, a posthumous child, an adopted child or a stepchild who— (i) is under the age of 18; or (ii) after reaching the age of 18, is receiving full-time education at a university, college, school or other educational establishment, until he reaches the age of 21 or ceases to receive such education, whichever is the earlier; but (b) does not include— (i) a child conceived after the contributor has ceased to be a public officer or an employee, as the case may be, and any child of the conceiving spouse by a previous marriage an adopted child or a stepchild who— (i) is under the age of 18; or (ii) after reaching the age of 18, is receiving full-time education at a university, college, school or other educational establishment, until he reaches the age of 21 or ceases to receive such education, whichever is the earlier; but (b) does not include— (i) a child conceived after the contributor has ceased to be a public officer or an employee, as the case may be, and any child of the conceiving spouse by a previous marriage; or (ii) a child adopted after the contributor has ceased to be a public officer or an employee, as the case may be; “contribution” means the contribution required to be made by a public officer, an employee or a member of the Assembly, as the case may be, under this Act; “contributor” includes a member of the Assembly and an employee; “contributory period” has the meaning assigned to it in section 32; “contributory service”— (a) in relation to a contributor other than a member of the Assembly, means the inclusive period between the date on which he begins to draw a salary in respect of public service and the date of his leaving the public service or approved service, inclusive of any period of leave with half pay or without pay, subject to section 17, but exclusive of any break in such service; C23 – 3 [Issue 4] Civil Service Family Protection Scheme Act (b) in relation to a member of the Assembly— (i) in the case where he has opted to cease to contribute at the age of 60, means the period of his legislative service until he reaches the age of 60; (ii) in the case where he has opted to contribute at the rate of 4 per cent of his pensionable emoluments, means the period of his legislative service, irrespective of his age; (iii) in the case where he has ceased to be a member of the Assembly but has opted to continue to contribute at the rate of 4 per cent of his pensionable emoluments until he reaches the age of 65, means the period for which the contributions have been made until he reaches the age of 65; or (iv) in any other case, means the period of his legislative service until he reaches the age of 65; “deceased” means a deceased contributor; “employee” means a contributor who is in approved service and who has made an election under section 15; “employer” means the employer of a contributor who is in approved service; “Fund” has the same meaning as in section 3 of the Widows’ and Orphans’ Pension Fund Act; “legislative service” has the same meaning as in the National Assembly (Retiring Allowances) Act; “marriage”— (a) in relation to a contributor, means civil marriage but does not include a civil marriage contracted after the contributor has ceased to be a public officer or an employee, as the case may be; (b) in relation to a member of the Assembly, means civil marriage but does not include a civil marriage contracted after the member has reached the age of 65; (c) in relation to a member of the Assembly who has opted to contribute at the rate of 4 per cent of his pensionable emoluments throughout his legislative service, means civil marriage contracted at any time; “member” means a member of the Board; “non-contributory period”, in relation to a contributor, means the number of completed months of service which is taken into account as contributory service but in respect of which no contribution has been made either to the Fund or to the Scheme; [Issue 4] C23 – 4 Revised Laws of Mauritius “paid up pension” means the pension which would ha per cent of his pensionable emoluments throughout his legislative service, means civil marriage contracted at any time; “member” means a member of the Board; “non-contributory period”, in relation to a contributor, means the number of completed months of service which is taken into account as contributory service but in respect of which no contribution has been made either to the Fund or to the Scheme; [Issue 4] C23 – 4 Revised Laws of Mauritius “paid up pension” means the pension which would have been payable if the associate had been authorised to cease to contribute to the Fund on 30 June 1969; “participant” means a public officer or an employee who is appointed on or after 1 January 2013; “permanent employee” has the same meaning as in the Government Servants (Allowances) Regulations 1962; “public officer” means any person who has attained the age of 18 and who is serving— (a) in the public service of Government in a pensionable office; (b) as a permanent employee in the service of Government; or (c) in the service of the Board in a pensionable office; “public service”, in relation to a contributor, means service as a public officer; “relevant date” means— (a) in relation to a public officer appointed before 1 July 1969, 1 July 1969; (b) in relation to a public officer appointed after 1 July 1969, the date on which the offer of appointment was made to him or the date of assumption of duty, whichever is the later; (c) in relation to a female public officer who, on 1 July 1993, either is under the age of 45 or has attained that age and has elected not to contribute to the Scheme under section 16 (3), 1 July 1993; “Scheme” means the Scheme established under section 3; “Secretary” means the Secretary of the Board appointed under section 7; “spouse”, in relation to a contributor, does not include a spouse whom he marries after he ceases to be a public officer or an employee, as the case may be; “surviving spouse”, in relation to a contributor, means the person to whom he was married immediately before his death; “Vice-chairperson” means the Vice-chairperson of the Board. (2) Where the marriage of a public officer or an employee, as the case may be, has been annulled or dissolved, this Act shall have effect in relation to him as if that spouse had died at the date of the decree. [S. 2 amended by Act 48 of 1991; Act 28 of 1993; Act 15 of 1998; s. 4 (a) of Act 18 of 2008 w.e.f. 1 July 2008; s. 6 (a) of Act 20 of 2011 w.e.f. 1 July 2008; s. 3 (a) of Act 26 of 2013 w.e.f. 1 January 2013.] C23 – 5 [Issue 6] Civil Service Family Protection Scheme Act PART II – THE SCHEME