Mauritius
Statutory Bodies Family Protection Fund Act
Act 41 of 1965
- Commenced on 15 March 1966
- [This is the version of this document at 30 June 2017.]
1. Short title
This Act may be cited as the Statutory Bodies Family Protection Fund Act.[S. 1 amended by Act 29 of 1993.]2. Interpretation
In this Act—"associate" has the meaning assigned to it by section 11;"beneficiary" means a person to whom a benefit is payable under section 14;"benefit" means any sum payable from the Fund under section 14;"Board" means the Board established by section 4;"child" means a child who, being at the material time wholly dependent on an associate for support, shall, in the event of his being still so dependent immediately before the death of that associate, be an eligible child;"eligible child"—(a)means a legitimate posthumous child of an associate and any of the following children who, immediately before the death of an associate, was wholly dependent on that associate for support—(i)a legitimate child of the associate;(ii)a stepchild of the associate whose father was not an associate;(iii)a child lawfully adopted by the associate;(iv)a child born out of wedlock duly acknowledged by the associate or whose filiation has been pronounced by a Court;(b)does not include a person who—(i)being a female, has attained the age of 21 or has married; or(ii)being a male, has attained the age of 18 or has completed his full-time education or is still receiving full-time education but has attained the age of 21, whichever event occurs later;"Fund" means the Statutory Bodies Family Protection Fund established under section 3;"initial date of contributions" means, in relation to a local authority or its officers, 1 July 1966 and, in relation to any other statutory body or its officers, a date not later than 2 months after the publication of a declaration made under section 19;"local authority" has the same meaning as in the Local Government Act;"marriage", in relation to an associate—(a)means a civil marriage;(b)does not include a marriage contracted after the associate has ceased to be an officer;"Minister" means the Minister to whom responsibility for the subject of local government is assigned;"officer" means a person in the permanent and full-time employment of a statutory body, including an employee of the Fund;"retire" means to cease to be in service before attaining the age of 60, or the appropriate new retirement date specified in the second column of the Schedule corresponding to the appropriate month and year of birth specified in the first column of that Schedule, in conditions of physical or mental health which, in the opinion of the Board at the time of the cessation, make the possibility of future employment unlikely;"Secretary" means the Secretary to the Board;"service" means service as an officer;"statutory body" means a local authority and any other undertaking declared to be a statutory body under section 19;"withdraw" means to cease to be in service before attaining the age of 60, or the appropriate new retirement date specified in the second column of the Schedule corresponding to the appropriate month and year of birth specified in the first column of that Schedule, otherwise than through retirement.[S. 2 amended by Act 29 of 1993; Act 15 of 1998; s. 3 of Act 28 of 2001 w.e.f. 1 July 2001; s. 34(a) of Act 18 of 2008 w.e.f. 1 July 2008; s. 165(19) of Act 36 of 2011 w.e.f. 15 December 2011.]3. Establishment of Fund
There is established a Statutory Bodies Family Protection Fund which shall provide financial assistance to the surviving spouses and eligible children of associates of the Fund in conformity with this Act.[S. 3 amended by Act 29 of 1993.]4. Establishment and meetings of Board
5. Investments
5A. Grant of loans
The Board may grant a loan from the Fund to an associate on such terms and conditions as may be prescribed for—6. Donations and legacies
Article 910 of the Code Civil Mauricien shall not apply to the Board.7. Exemptions
Notwithstanding any other enactment, the Fund, and any payment or transfer of money or securities to the Fund, shall be exempt from the payment of any duty, charge, fee, rate or tax.8. Assets of Fund
The assets of the Fund shall consist of all money lawfully accruing to the Fund.9. Actuarial investigation
The Board shall, at intervals of not more than 5 years, cause an actuarial investigation into, and a valuation of, the Fund to be made, and, in the light of the actuarial report, shall determine what readjustments or modifications, if any, in the working of the Fund are necessary in the interest of the associates and beneficiaries.10. Cost of management of Fund
11. Associateship of Fund
12. Changes in circumstances
13. Contributions
14. Benefits
15. Pensions
16. Changes in salary of associate
17. Eligible children without guardian
Where a pension accrues to an eligible child who has no guardian, the Board may appoint a fit and proper person to receive the pension and apply it to the best interest of the child, to give a valid discharge for its payment, and the person so appointed by the Board shall be deemed, to all intents and purposes in connection with that pension, to be the guardian of the child.18. Overpaid benefits
19. Declaration of statutory bodies
20. Right of dismissal
Nothing in this Act shall operate to restrict the right of a statutory body to terminate the employment of an officer who is an associate, nor shall the benefits payable or which might have been payable under this Act be grounds for the payment of damages or for an increase in the amount of damages awarded in an action based on that termination of employment.21. Regulations
22. Fines
The amount of any fine imposed under this Act shall be paid to the Fund.History of this document
30 June 2017 this version
Consolidation
15 March 1966
Commenced