Section 6: Grant of pensions
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.
6. Grant of pensions
(1) Subject to subsection (2), no pension, gratuity or other allowance
shall be granted to an officer except on his retirement from the public
service—
(a) in the case of an officer—
(i) who is appointed on or after 1 July 2008—
(A) on or after attaining the age of 60; or
(B) on or after attaining the age of 55, in special cases,
with the approval of the President;
(ii) who has opted for the pension provisions effective as from
1 July 2008—
(A) on or after attaining the age of 55 on the appropriate
new retirement date specified in the second column
of the First Schedule corresponding to the appropriate
month and year of birth specified in the first column
of that Schedule; or
(B) on or after attaining the age of 50, in special cases,
with the approval of the President, on the appropriate
new retirement date specified in the second column
of the Second Schedule corresponding to the appropriate month and year of birth specified in the first
column of that Schedule;
(iii) who has not opted for the pension provisions effective as
from 1 July 2008—
(A) on or after attaining the age of 55; or
(B) on or after attaining the age of 50, in special cases,
with the approval of the President; or
(iv) who has attained the age of 50, at the request of his
responsible officer and with his consent;
(b) in the case of any member of a disciplined force or any officer of
the Correctional Youth Centre or Rehabilitation Youth Centre—
(i) appointed on or after 1 July 2008, on or after completing,
in the aggregate, 28¾ years of pensionable service in the
disciplined force or in the Correctional Youth Centre or
Rehabilitation Youth Centre, as the case may be; or
(ii) appointed before 1 July 2008, on or after completing, in the
aggregate, 25 years of pensionable service in the disciplined
force or in the Correctional Youth Centre or Rehabilitation
Youth Centre, as the case may be;
(c) subject to section 6B, in the case of an officer who has completed at least 10 years’ pensionable service, with the approval
of the President on or after attaining the age of 45;
(d) on the abolition of his office;
(e) on compulsory retirement for the purpose of facilitating improvement in the organisation of the department to which he belongs,
by which greater efficiency or economy may be effected;
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Pensions Act
(f) on medical evidence to the satisfaction of the President that he
is incapable by reason of any infirmity of mind or body of discharging the duties of his office and that such infirmity is likely
to be permanent;
(g) in the case of termination of employment in the interest of the
service as provided in this Act; or
(h) in the case of overmanning, on or after attaining the age of 45.
(2) A gratuity may be granted to a female officer, who retires on the
ground of marriage on or after completing 5 years of pensionable service,
whether the marriage took place before or after her appointment to the public
service, or on the ground that she is about to marry, notwithstanding that she
is not otherwise eligible under subsection (1) for the grant of any pension,
gratuity or other allowance.
(3) The gratuity granted under subsection (2) shall be computed in such
manner as may be prescribed.
(4) Where an officer, who is appointed on or after 1 July 2008 but before 1 January 2013, retires on or after the age of 55 but before the age of
65, on grounds other than marriage, medical grounds, abolition of his office
or reorganisation of the departmen
to marry, notwithstanding that she
is not otherwise eligible under subsection (1) for the grant of any pension,
gratuity or other allowance.
(3) The gratuity granted under subsection (2) shall be computed in such
manner as may be prescribed.
(4) Where an officer, who is appointed on or after 1 July 2008 but before 1 January 2013, retires on or after the age of 55 but before the age of
65, on grounds other than marriage, medical grounds, abolition of his office
or reorganisation of the department to which he belongs, the pension payable to the officer shall be computed in such manner as may be prescribed.
[S. 6 amended by Act 48 of 1991; Act 31 of 1993; Act 9 of 2000; s. 15 (a) of Act 18 of 2003
w.e.f. 21 July 2003; s. 4 of Act 24 of 2003 w.e.f. 1 July 2003; s. 27 (c) of Act 18 of 2008
w.e.f. 1 July 2008; s. 17 (a) of Act 1 of 2009 w.e.f. 1 July 2008; s. 41 (a) of Act 9 of 2015
w.e.f. 1 January 2013.]