Section 20: Contributory retirement pension

20. Contributory retirement pension (1) Subject to the other provisions of this section— (a) every insured person shall, on reaching retiring age, be entitled to a contributory retirement pension; (b) where an insured person has not attained retirement age but is 60 years or more, he may opt to receive a reduced contributory pension. (2) (a) The contributory retirement pension in respect of an insured person who becomes entitled to the pension other than under subsection (3), (4) or (6) shall be calculated in accordance with the Third Schedule but shall not be less than the amount specified in the Second Schedule, provided that the claimant became an insured person before 1 January 2012. N21 – 13 [Issue 4] National Pensions Act (aa) Where the claimant becomes an insured person for the first time on or after 1 January 2012, the pension shall be calculated in accordance with the Third Schedule and shall not be less than the amount specified in the Second Schedule, provided the insured person has earned not less than 150 pension points at the end of the relevant financial year of his date of claim. (ab) Where the number of pension points of an insured person referred to in paragraph (aa) is less than 150 at the end of the relevant financial year of the date of his claim, which shall, in no case, be before his retirement age, the insured person shall not be entitled to a contributory retirement pension but shall be eligible to a lump sum payment under section 23A (1A). (b) Where an entitlement arises under subsection (1) (b), the contributory retirement pension calculated under paragraph (a) on pension points earned after 30 June 2008 shall be reduced by the appropriate Early Retirement Reduction Factor specified in paragraph 5 of the Third Schedule. (c) Where the contributory retirement pension is claimed after the insured person has reached the age of 60, the pension calculated under paragraph (a) on pension points earned up to 30 June 2008 shall be increased by the appropriate Late Retirement Increase Factor specified in paragraph 6 of the Third Schedule. (3) Every– (a) female agricultural or non-agricultural worker of the age of 45 or over; or (b) male agricultural or non-agricultural worker of the age of 50 or over, shall be entitled to an actuarially calculated contributory retirement pension as from the date the contract of employment is voluntarily terminated by the worker under a Voluntary Retirement Scheme under section 23 of the Sugar Industry Efficiency Act, under an Early Retirement Scheme under section 23A of the Sugar Industry Efficiency Act or in the context of a factory closure pursuant to section 30 of the Mauritius Cane Industry Authority Act. (4) Subject to subsection (5), every– (a) female agricultural worker of the age of 50 or over; or (b) male agricultural worker of the age of 55 or over, who has availed herself or himself of the optional retirement provision of paragraph 21 of the Second Schedule to the Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations 1983, shall be entitled to an actuarially calculated contributory retirement pension. (Subsec. (4) came into operation on 17 August 2002.) (5) The contributory retirement pension under subsection (4) shall be paid– (a) in the case of a female agricultural worker– (i) who has not reached the age of 55 at the time of retirement, as from the date she reaches the age of 55; or (ii) who has reached the age of 55 or over at the time of retirement, as fr ltural Workers) (Remuneration Order) Regulations 1983, shall be entitled to an actuarially calculated contributory retirement pension. (Subsec. (4) came into operation on 17 August 2002.) (5) The contributory retirement pension under subsection (4) shall be paid– (a) in the case of a female agricultural worker– (i) who has not reached the age of 55 at the time of retirement, as from the date she reaches the age of 55; or (ii) who has reached the age of 55 or over at the time of retirement, as from the date of her retirement; or [Issue 4] N21 – 14 Revised Laws of Mauritius (b) in the case of a male agricultural worker– (i) who has not reached the age of 58 at the time of retirement, as from the date he reaches the age of 58; or (ii) who has reached the age of 58 or over at the time of retirement, as from the date of his retirement. (Subsec. (5) came into operation on 17 August 2002.) (6) Every— (a) female agricultural or non-agricultural worker who has not reached the age of 45; or (b) male agricultural worker, or non-agricultural worker, who has not reached the age of 50, at the time an offer of a Voluntary Retirement Scheme under section 23 of the Sugar Industry Efficiency Act of an Early Retirement Scheme under section 23A of the Sugar Industry Efficiency Act or in context of a factory closure pursuant to section 24 of the Cane Planters and Millers Arbitration and Control Board Act is accepted by the worker, shall be entitled to an actuarially calculated contributory retirement pension. (Subsec. (6) came into operation on 17 August 2002.) (7) The actuarially calculated contributory retirement pension under subsection (6) shall be paid to— (a) the female agricultural worker as from the date she reaches the age of 45; or (b) the male agricultural worker, or a male non-agricultural worker, as from the date he reaches the age of 50. (8) Notwithstanding the National Pensions (Claims and Payments) Regulations 1977, where entitlement to an actuarially calculated contributory retirement pension under subsection (6) arises before 1 September 2003, any arrears for the period prior to 1 September 2003 shall be calculated in accordance with the Eighth Schedule. (8A) (a) An employee of the Mauritius Sugar Industry Research Institute who has not opted to be transferred to the Mauritius Cane Industry Authority and has retired pursuant to the Voluntary Retirement Scheme referred to in section 66 (4) of the Mauritius Cane Industry Authority Act shall, where the employee is a— (i) female employee aged 50 years or more; or (ii) male employee aged 55 years or more, be entitled to an actuarially calculated contributory retirement pension as from the date of retirement or the date specified in paragraph (b), as the case may be. (b) Where, at the date of retirement— (i) a female employee has not reached the age of 50, she shall be entitled to the actuarially calculated contributory retirement pension as from the date she reaches the age of 50; or N21 – 15 [Issue 7] National Pensions Act (ii) a male employee has not reached the age of 55, he shall be entitled to the actuarially calculated contributory retirement pension as from the date he reaches the age of 55. (c) The contributory retirement pension shall be paid— (i) in the case of a female employee— (A) who has not reached the age of 50 at the time of retirement, on or after the date on which she reaches the age of 50; or (B) who has reached the age of 50 or more at the time of retirement, on or after th ational Pensions Act (ii) a male employee has not reached the age of 55, he shall be entitled to the actuarially calculated contributory retirement pension as from the date he reaches the age of 55. (c) The contributory retirement pension shall be paid— (i) in the case of a female employee— (A) who has not reached the age of 50 at the time of retirement, on or after the date on which she reaches the age of 50; or (B) who has reached the age of 50 or more at the time of retirement, on or after the date of her retirement; or (ii) in the case of a male employee— (A) who has not reached the age of 55 at the time of retirement, on or after the date on which he reaches the age of 55; or (B) who has reached the age of 55 or more at the time of retirement, on or after the date of his retirement. (d) Notwithstanding the National Pensions (Claims and Payments) Regulations 1977, where entitlement to an actuarially calculated contributory retirement pension under this section arises before 1 January 2014, any arrears for the period prior to 1 January 2014 shall be calculated in accordance with the Eighth Schedule. (e) In this subsection— “Mauritius Cane Industry Authority” means the Mauritius Cane Industry Authority established under the Mauritius Cane Industry Authority Act; “Mauritius Sugar Industry Research Institute” has the same meaning as "MSIRI" in section 66 (4) (a) of the Mauritius Cane Industry Authority Act. (9) The actuarially calculated contributory retirement pension under subsection (3), (4), (6) or (8A) shall be calculated in accordance with the Eighth Schedule. [S. 20 amended by s. 35 (8) (c) of Act 20 of 2001 w.e.f. 1 August 2001 and 17 August 2002; s. 4 (a) of Act 31 of 2003; s. 15 (5) (c) of Act 3 of 2007 w.e.f. 1 July 2006; s. 22 (d) of Act 18 of 2008 w.e.f. 1 July 2008; s. 12 (e) of Act 37 of 2011 w.e.f. 15 December 2011; s. 13 (1) (a) of Act 5 of 2014 w.e.f. 11 September 2012.]