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“former scheme” means the pension conditions for Judges fixed by Cabinet Minute No.
127 of 1994;
“pension” means an annual pension payable during the lifetime of the recipient unless, in
terms of this scheme, it is payable for a shorter period;
“pensionable emoluments”, in relation to a judge, means his or her annual salary together
with such allowances as the Minister responsible for finance may from time to time
determine;
“pensionable service” means—
(a)
continuous service as a judge, including non-contributory service before the 1st
July, 1993; and
(b)
in the case of a person who, immediately before entering his or her office as a
judge, was a president of the Administrative Court, his or her continuous service
as such, but only on condition that any service as such on or after the 1st July,
1993, was contributory service under the corresponding contributory pension
scheme for presidents of the Administrative Court;
“Pensions Officer” means the person performing the functions of the Pensions Officer
under the Pensions Regulations;
“Pensions Regulations” means the Public Service (Pensions) Regulations, 1992, published
in Statutory Instrument 124 of 1992, as amended at the 1st July, 1997;
“retire” means—
(a)
to retire in terms of subsection (1) of section 86 of the Constitution on attaining the
age of sixty-five years or seventy years or such other age as may be fixed by the
President in terms of that subsection, as the case may be; or
(b)
to be deemed to have retired in terms of subsection (1) of section 4; or
(c)
to retire on medical grounds in terms of subsection (1) of section 6.
(2) The Interpretation Act [Chapter 1:01], as for the time being amended, shall apply in
respect of this scheme as if this scheme were a statutory instrument made in terms of the
Judges Salaries, Allowances and Pensions Act [Chapter 7:08].
(3) Where this scheme provides for the application of specified provisions of the Pensions
Regulations—
(a) related definitions in section 2 of those regulations, such as the definitions of “child”,
“dependant” and “surviving spouse”, and other related provisions shall also apply,
mutatis mutandis, to the extent necessary for the proper application of the specified
provisions; and
(b) any reference in those regulations to the Public Service Commission shall be
construed as a reference to the Pensions Officer, subject to review by the Judicial
Service Commission.