Section 2: Interpretation

2. Interpretation In this Act— “agricultural worker” means— (a) a field labourer grade I or a field labourer grade II as defined in the Field-crop and Orchard Workers (Remuneration Order) Regulations 2008; (b) a field worker (male/female), a gardener or a young person as defined in the Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations 1983; or (c) a field labourer (female) or a field labourer (male) as defined in the Tea Industry Workers (Remuneration Order) Regulations 1984; “annual earnings” means the remuneration during the 12 months immediately preceding the date on which an employee suffers industrial injury; “apprentice” means any person contracted to serve an employer and to learn and be taught a designated trade; “approved body” means a body specified in the Fourth Schedule; “basic pension” means a pension or allowance payable under Part II; “basic retirement pension” means a pension payable under section 3; [Issue 9] N21 – 2 Revised Laws of Mauritius “benefit” means any pension or allowance payable under this Act; “Board” means the National Pensions Board established under section 31; “charitable Foundation” has the same meaning as in the Foundations Act; “charitable institution”— (a) in relation to an inmate, means an institution— (i) in receipt of a grant from public funds; and (ii) which supplies its inmates, free of charge, with board, clothing and lodging; (b) in relation to section 3 (2), has the same meaning as in the Income Tax Act; “charitable trust” has the same meaning as in the Trusts Act; “child”— (a) means a person who is under the age of— (i) 20, in the case of a person who is receiving full-time education; (ii) 15, in any other case; and (b) includes a stepchild and an adopted child; “child’s allowance” means an allowance payable under section 7; “completed month” means any month of the year; “contribution” means a contribution payable under section 17 or 18; “contributory pension” means a pension payable under Part IV; “contributory retirement pension” means a pension payable under section 20; “craft” includes a boat or an aircraft; “dependent child”— (a) means a child who is living with, or wholly or substantially maintained by, the person concerned; but (b) does not include a child born 300 days or more from the date of death of the father; “dependent’s pension” means a pension payable under section 29 (3); “Director-General” has the same meaning as in the Mauritius Revenue Authority Act; “disabled” means— (a) for the purpose of sections 8, 21 and 28 (3), suffering from a disablement of not less than 60 per cent and resulting from loss of mental or physical faculty; N21 – 3 [Issue 8] National Pensions Act (b) for the purpose of section 26, suffering from a disablement of not less than one per cent and resulting from a loss of mental or physical faculty caused by an industrial accident or a prescribed disease; “disablement pension” means a pension payable under section 26; “document” includes the records and register specified in section 45H; “domestic service”— (a) means employment in a private household; and (b) includes employment as cook, driver, gardener, garde-malade, maid or seamstress; “employee” means— (a) a person who works under a contract of service or apprenticeship, whether written or oral, express or implied, for another person but does not include a job contractor, by any name called, working under a contract for services; (b) for the purpose of Part V and section 47, an em cords and register specified in section 45H; “domestic service”— (a) means employment in a private household; and (b) includes employment as cook, driver, gardener, garde-malade, maid or seamstress; “employee” means— (a) a person who works under a contract of service or apprenticeship, whether written or oral, express or implied, for another person but does not include a job contractor, by any name called, working under a contract for services; (b) for the purpose of Part V and section 47, an employee, as defined in paragraph (a), who is an insured person or who would be an insured person had he attained the age of 18; or (c) such other person as the Minister may prescribe; “employer” means the employer of an insured person under section 13 (1); “final”, in relation to a disablement pension, means an award based on an assessment which does not indicate that the claimant should be further medically examined; “final retirement age”, in relation to an insured person, means the age he attains by adding 5 years to his retirement age; “Fund” means the National Pensions Fund established under section 37; “guardian’s allowance” means an allowance payable under section 6; “industrial accident” means an accident referred to in section 24 (2); “industrial injury” has the meaning assigned to it in section 24; “industrial injury allowance” means an allowance payable under section 25; “inmate’s allowance” means an allowance payable under section 9; “insurable wage or salary”, in relation to an insured person, means— (a) where the terms and conditions of employment of the insured person are governed by a Remuneration Order, arbitral award or an agreement, whether oral or written, express or implied, the basic wage or salary prescribed in the Remuneration Order, award or agreement, or where the employer pays a higher wage or salary, the higher wage or salary so paid, but does not include any allowance by any name called, and whether paid in cash or in kind; [Issue 8] N21 – 4 Revised Laws of Mauritius (b) in any other case, all the emoluments received by the insured person, excluding any bonus or overtime; “insured person”— (a) for the purpose of this Act, other than section 17 and Part V, means a person referred to in section 13 or 15; (b) for the purpose of section 17 and Part V, means a person referred to in section 13 (1); and (c) for the purpose of Part IV, includes a person in respect of whom contributions have been paid under section 17 (1) (a) or 18; “invalid’s basic pension” means a pension payable under section 8; “invalid’s contributory pension” means a pension payable under section 21; “loss of mental or physical faculty”— (a) means an impairment of the proper functioning of part of the body or mind; and (b) includes any disfigurement; “Minister” means the Minister to whom responsibility for the subject of social security is assigned; “monthly earnings”, in relation to an insured person, means onetwelfth of his annual earnings; “National Pensions Officer” means a public officer entrusted by the Minister with responsibility for carrying out the duties specified in this Act; “NIC number” has the same meaning as in the Civil Status Act; “NPF and NSF Investment Committee” means the NPF and NSF Investment Committee set up under section 38 (2); “orphan” means a person whose parents, excluding step-parents, are dead, unknown, or have disappeared in the circumstances set out in Articles 133 to 135 of the Code Civil Mauricien or in circumstances whic cer” means a public officer entrusted by the Minister with responsibility for carrying out the duties specified in this Act; “NIC number” has the same meaning as in the Civil Status Act; “NPF and NSF Investment Committee” means the NPF and NSF Investment Committee set up under section 38 (2); “orphan” means a person whose parents, excluding step-parents, are dead, unknown, or have disappeared in the circumstances set out in Articles 133 to 135 of the Code Civil Mauricien or in circumstances which may give rise to a declaration of absence under Article 122 of the Code Civil Mauricien; “orphan’s contributory pension” means a pension payable under section 23; “orphan’s industrial injury pension” means a pension payable under section 29 (1); “orphan’s pension” means a pension payable under section 5; “pay period” means such period as the Minister may prescribe; “pension law” means an enactment which provides for the payment, by Government or a local authority, of— (a) (i) a pension; or (ii) a compassionate or other allowance, to a former employee in respect of his past employment; or N21 – 5 [Issue 9] National Pensions Act (b) a pension to a person in respect of the past employment of his deceased spouse or parent; “pension points” means the points calculated in accordance with the Third Schedule or the Eighth Schedule; “permanent”, in relation to a disablement pension, means a final award of a pension for at least 8 years; “Permanent Secretary” means the Permanent Secretary of the Ministry responsible for the subject of social security; “remarriage” means a second or subsequent marriage; “remuneration” means such insurable wage or salary of an insured person as is set out in the Fifth Schedule; “retirement age” means, in respect of a person whose month and year of birth are specified in column 1 of the Ninth Schedule, the date on which that person attains the age specified in column 2 of that Schedule; “retiring age” means the retirement age or an age later than the retirement age at which an insured person elects to receive a contributory retirement pension; “spouse” means the male or female partner of a civil or religious marriage; “stepchild”, in relation to a person who claims a benefit, means a child of his spouse or deceased spouse who is not his own child; “surcharge” means the surcharge leviable under section 45A; “survivor’s pension” means a pension payable under section 28; “week” means a period of 7 consecutive days; “widow” means— (a) the surviving female partner of a civil or religious marriage; or (b) the surviving female partner of a civil or religious marriage whose spouse has disappeared in the circumstances set out in Articles 133 to 135 of the Code Civil Mauricien or in circumstances which may give rise to a declaration of absence under Article 122 of the Code Civil Mauricien; “widow’s basic pension” means a pension payable under section 4; “widow’s contributory pension” means a pension payable to a widow under section 22; “widower” means— (a) the surviving male partner of a civil or religious marriage; or (b) the surviving male partner of a civil or religious marriage whose spouse has disappeared in the circumstances specified in Articles 133 to 135 of the Code Civil Mauricien or in circumstances which may give rise to a declaration of absence under Article 122 of the Code Civil Mauricien; [Issue 9] N21 – 6 Revised Laws of Mauritius “widower’s contributory pension” means a pension payable to a widower under section 22. r” means— (a) the surviving male partner of a civil or religious marriage; or (b) the surviving male partner of a civil or religious marriage whose spouse has disappeared in the circumstances specified in Articles 133 to 135 of the Code Civil Mauricien or in circumstances which may give rise to a declaration of absence under Article 122 of the Code Civil Mauricien; [Issue 9] N21 – 6 Revised Laws of Mauritius “widower’s contributory pension” means a pension payable to a widower under section 22. [S. 2 amended by Act 7 of 1990; Act 25 of 2000; s. 35 (8) (a) of Act 20 of 2001 w.e.f. 1 August 2001; s. 13 (a) of Act 28 of 2004 w.e.f. 26 August 2004; s. 3 of Act 25 of 2005; s. 22 (a) of Act 18 of 2008 w.e.f. 1 July 2008; s. 12 (a) of Act 37 of 2011 w.e.f. 15 December 2011; s. 17 (a) of Act 26 of 2012 w.e.f. 22 December 2012; s. 16 (a) of Act 26 of 2013 w.e.f. 1 January 2014; s. 37 (a) of Act 9 of 2015 w.e.f. 1 December 2015; s. 37 (a) of Act 18 of 2016 w.e.f 1 July 2016.] PART II – BASIC PENSIONS