Section 24: Entitlement to contributory retirement pension

24. Entitlement to contributory retirement pension (1) 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 S49 – 21 [Issue 5] Sugar Industry Efficiency Act worker under a VRS, under an ERS or in the context of a factory closure pursuant to section 30 of the Mauritius Cane Industry Authority Act. (2) Subject to subsection (3), 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. (2) came into operation on 17 August 2002.) (2A) Subject to subsection (2B), where at the time an offer of a VRS, an ERS or in the context of a factory closure pursuant to section 30 of the Mauritius Cane Industry Authority Act is accepted— (a) a female agricultural or non-agricultural worker has not reached the age of 45; or (b) a male agricultural or non-agricultural worker has not reached the age of 50, the actuarially calculated contributory retirement pension shall be paid to— (i) the female agricultural or non-agricultural worker as from the date she reaches the age of 45; or (ii) the male agricultural or non-agricultural worker as from the date he reaches the age of 50. (2B) The actuarially calculated contributory retirement pension shall, for the purposes of subsection (2A), be calculated by reference to the contributions made up to the date the worker accepted the offer of the VRS, of the ERS, or in the context of a factory closure pursuant to section 30 of the Mauritius Cane Industry Authority Act. (3) The contributory retirement pension under subsection (2) shall be paid— (a) in the case of a female agricultural worker— (ii) who has reached the age of 55 or over at the time of retirement, as from the date of her retirement; or (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. (Sub-s. (3) came into operation on 17 August 2002.) (4) The actuarially calculated contributory retirement pension under this section shall be calculated in accordance with the Eighth Schedule to the National Pensions Act. [S. 24 amended by s. 3 of Act 31 of 2002; s. 7 of Act 3 of 2007 w.e.f. 1 July 2006; s. 65 (5) (f) of Act 40 of 2011 w.e.f. 19 March 2012.] [Issue 5] S49 – 22 Revised Laws of Mauritius