eSwatini
Pensions (Increases) Act, 1968
Act 6 of 1968
- Assented to on 15 July 1968
- There are multiple commencements
- [This is the version of this document at 1 December 1998.]
Provisions | Status |
---|---|
Part I (section 1–2); Part II (section 3–6); Part IV (section 11–16) | commenced on 1 January 1963. |
Part III (section 7–10bis) | commenced on 1 November 1967. |
Part I – Preliminary
1. Short title
This Act may be cited as the Pensions (Increases) Act, 1968.2. Interpretation (First Schedule)
In this Act, unless the context otherwise requires—“adjusted rate”, in relation to a pension, means the basic rate together with the amount of increase authorized by the provisions of Part II other than sections 3(3), 4(3), 5(2) and 6(2), a part of a lilangeni of which amount being deemed to be a lilangeni;“authorized increase” means the increase of pension authorized by this Act;“basic rate”, in relation to a pension, means the annual rate of such pension apart from any increase authorized by this Act or another law;“designated officer” has the same meaning as in the Overseas Service Act, No. 55 of 1964;“Minister” means the Minister for Finance;“pension” means a pension or annual allowance payable under a specified law but does not include a gratuity or sum payable otherwise than by way of periodical payments and, accordingly—(a)this Act shall not apply to a pension which has been commuted; and(b)where a part of a pension has been commuted, this Act shall not apply to that part;“scheduled administration” has the same meaning as in regulation 8 of the Pensions Regulations, scheduled to the Pensions Act, No. 3 of 1968;“specified law” means a law specified in the First Schedule;“Widows’ and Orphans’ Pensions Act” means, depending upon which law was applicable at the relevant time(a)the Widows’ and Orphans’ Pensions Act, No. 35 of 1966; or(b)the former Widows’ and Orphans’ Pensions Proclamation (Cap. 58) repealed by that Act.Part II – Increases of basic rate of pension of officers retiring before 1st December, 1961
3. Increase of pension of officer retiring before 1st January, 1947
4. Increase of pension of officer retiring before 1st July, 1954
5. Increase of pension of officer retiring before 1st August, 1958
6. Increase of pension of officer retiring before 1st December, 1961
Part III – Increases of adjusted rate of pension of officers retiring before 1st October, 1964
7. Increase of adjusted pension of officer retiring before 1st August, 1958
If an officer retired from service of the Government or a scheduled administration before the first day of August, 1958, his adjusted rate of pension may, in respect of a period beginning on or after the commencement of this Part, be increased by fifteen per centum.8. Increase of adjusted pension of designated officer retiring before 1st December, 1961
If a designated officer retired from service of the Government or a scheduled administration on or after the first day of August, 1958, and before the first day of December, 1961, his adjusted rate of pension may, in respect of a period beginning on or after the commencement of this Part, be increased by five per centum.9. Increase of adjusted pension of non-designated officer retiring before 1st December, 1961
If an officer, other than a designated officer, retired from service of the Government or a scheduled administration on or after the first day of August, 1958, and before the first day of December, 1961, his adjusted rate of pension may, in respect of a period beginning on or after the commencement of this Part, be increased by ten per centum.10. Increase of adjusted pension of officer retiring before 1st October, 1964
If an officer retired from service of the Government or a scheduled administration on or after the first day of December, 1961, and before the first day of October, 1964, his adjusted rate of pension may, in respect of a period beginning on or after the commencement of this Part, be increased by four per centum.10bis. Increase of adjusted pensions of officers retiring before the 1st April, 1974 and between the 13th April, 1974 and the 31st March 1975
Part IV – General
11. Restriction as to increase of pension
Except as provided in sections 3(3) and 4(3) and sections 5(2) and 6(2) and section 14, an increase shall not be payable under this Act unless—12. Increase of pension where service was not wholly under the Government
If a pensioner is, in addition to a pension under a specified law, in receipt of a pension from one or more scheduled administrations (other than the Government of the United Kingdom and Northern Ireland, or the Crown Agents), then, for the purpose of calculating the authorized increase, all those pensions shall be aggregated with the Swaziland pension and the amount of increase calculated with reference to the aggregated pensions shall be reduced in the same proportion as the proportion of the Swaziland pension bears to the aggregated pensions.13. Date of retirement
For the purposes of this Act, an officer shall be deemed to have retired from the public service on the under-mentioned day, whether or not his pension accrues on that day, that is to say—14. Increase of pensions payable to widows and orphans of certain officers (Second Schedule)
[Repealed A.16/1971]15. Exclusion of law as to maximum amount of pension
The amount of an authorized increase shall not be taken into account for the purpose of any specified law, which limits the amount of pension that may be granted to an officer.16. Saving of rights
If it is to his advantage, a pensioner shall, in lieu of any authorized increase, continue to receive the amount of pension he was receiving immediately prior to the commencement of the appropriate Part and the conditions under which such amount is payable shall continue to apply.History of this document
01 December 1998 this version
Consolidation
15 July 1968
Assented to
01 November 1967
Commenced
01 January 1963
Commenced
Documents citing this one 2
Judgment 2
1. | Rex v Gamedze and Others [2003] SZHC 99 (23 October 2003) | |
2. | Tsela v R (11 of 2010) [2010] SZSC 33 (27 May 2010) |