Section 16: Gratuity and pension where an officer or pensioner dies

16. Gratuity and pension where an officer or pensioner dies (1) (a) Where a public officer who was appointed before 1 January 2013 and who holds a pensionable office and who is not serving on probation or agreement (and whether he is on leave of absence on full salary, half salary or without salary at the time of his death), dies while in service, the Minister may order that a gratuity of an amount not exceeding his annual pensionable emoluments, or any commuted pension gratuity, whichever is the greater, shall be paid to his legal personal representative. (b) For the purposes of this subsection— “annual pensionable emoluments” means the emoluments which would be taken for the purpose of computing any pension or gratuity granted to the officer if he had retired at the date of his death in the circumstances described in section 6 (e); “commuted pension gratuity” means any gratuity, which might have been granted to the officer in accordance with the Pensions Regulations 1951, or such other regulations as may be made under this Act if his public service had been wholly in Mauritius and if he had retired at the date of his death in the circumstances described in section 6 (e) and had been elected to receive a gratuity and reduced pension. (2) Where an officer appointed before 1 January 2013 to whom a pension, gratuity or other allowance has been granted under this Act dies after retirement from the service and the sums paid or payable to him at his death on account of any pension, gratuity or other allowance in respect of any public service are less than the amount of the annual pensionable emoluments enjoyed by him at the date of his retirement, the Minister may grant to his legal personal representative a gratuity equal to the deficiency. (3) Upon the death of a public officer who was appointed before 1 January 2013 and to whom a pension under the pension laws has been granted, his legal personal representative shall be paid one full month’s pension in respect of the month in which he dies together with a gratuity of an equivalent amount. (4) A pension payable under subsection (3) shall be deemed to include all compensations and increases granted to the deceased public officer since his retirement. (4A) Where a public officer who is appointed on or after 1 January 2013— (a) dies while in service; or (b) to whom a pension has been granted dies, any payment under this section to his legal personal representative shall be made in such manner as may be prescribed. [Issue 5] P6 – 12 Revised Laws of Mauritius (5) Any payment made under this section shall be free from succession duty. (6) A legal personal representative shall refund to Government any overpayment made to him under this section in the name of a deceased pensioner. [S. 16 amended by Act 19 of 1986; Act 4 of 1987; s. 21 (g) of Act 26 of 2012 w.e.f. 22 December 2012; s. 19 (b) of Act 26 of 2013 w.e.f. 1 January 2013.]