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Section 2: Interpretation

Pensions Act

consolidated text (as at 2015, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

2. Interpretation (1) In this Act— “aided primary school” has the same meaning as in the Education Act; “approved service” means service with an international organisation or a corporate body approved by the President; P6 – 1 [Issue 7] Pensions Act “car benefit” means the monetary value accruing to an officer for the use of a chauffeur driven car, an official car or a self-driven government car; “Committee” means the Public Pensions Advisory Committee set up under section 19; “contractual employee” means a person who is employed on a contractual basis in the public service and whose office is not a pensionable office; “Correctional Youth Centre” has the same meaning as in the Reform Institutions Act; “Director-General” has the same meaning as in the Mauritius Revenue Authority Act; “disciplined force” has the same meaning as in the Constitution; “house allowance” means the estimated value of free quarters as prescribed; “individual account”, in relation to a participant, means his individual non-withdrawal account; “legal personal representative”, in relation to a deceased officer or a deceased pensioner, means the person entitled to his succession; “member of the Judiciary” means the Chief Justice, the Senior Puisne Judge or a Puisne Judge; “Minister” means the Minister to whom responsibility for the subject of finance is assigned; “participant”, in relation to the Scheme, means an officer, a trainee, a student, a cadet, an apprentice, or a contractual employee, who adheres to the Scheme; “pensionable emoluments”— (a) includes salary, car benefit, personal allowance and house allowance, any allowance in the nature of a cost of living allowance or additional remuneration by whatever name called; but (b) does not include duty allowance, entertainment allowance or any other emoluments; “pensionable office”— (a) means— (i) an office specified in a Civil Establishment Order made under the Civil Establishment Act; or (ii) an office declared by Government Notice to be a pensionable office; and (b) includes the office of an aided primary school teacher, a parttime employee holding a substantive appointment or any person recruited in the public service under a traineeship, studentship, cadetship, or an apprenticeship, scheme in the public service; “personal allowance”— (a) means a special addition to salary granted personally to the holder of the office; but (b) does not include such an addition if it is granted subject to the condition that it shall not be pensionable; [Issue 7] P6 – 2 Revised Laws of Mauritius “personal pension scheme” means a personal pension scheme approved by the Director-General under the Income Tax Act; “public service” means service in a civil capacity under the Government of Mauritius; “Rehabilitation Youth Centre” has the same meaning as in the Reform Institutions Act; “responsible officer” has the same meaning as in the Public Service Commission Regulations; “salary” means the salary attached to a pensionable office including pensionable allowance; “Scheme” means the Public Pensions Defined Contribution Pension Scheme set up under section 18; “SICOM” means the State Insurance Company of Mauritius Limited; “superannuation fund” has the same meaning as in the Income Tax Act. (2) For the avoidance of doubt it is declared that, where an officer has been confirmed in a pensionable office and is thereafter appointed to another pensionable office, the last mentioned office is, unless the terms of such appointment otherwise pensionable allowance; “Scheme” means the Public Pensions Defined Contribution Pension Scheme set up under section 18; “SICOM” means the State Insurance Company of Mauritius Limited; “superannuation fund” has the same meaning as in the Income Tax Act. (2) For the avoidance of doubt it is declared that, where an officer has been confirmed in a pensionable office and is thereafter appointed to another pensionable office, the last mentioned office is, unless the terms of such appointment otherwise require, an office in which he has been confirmed. [S. 2 amended by Act 14 of 1989; Act 48 of 1991; Act 31 of 1993; Act 9 of 2000; s. 3 of Act 24 of 2003 w.e.f. 1 July 2003; s. 24 of Act 14 of 2005 w.e.f. 1 July 2003; s. 27 (a) of Act 18 of 2008 w.e.f. 1 July 2008; s. 14 (a) of Act 37 of 2011 w.e.f. 1 January 2012; s. 21 (a) of Act 26 of 2012 w.e.f. 22 December 2012.]

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