Mauritius
National Assembly (Retiring Allowances) Act
Act 43 of 1976
- Commenced on 18 September 1976
- [This is the version of this document at 30 June 2017.]
1. Short title
This Act may be cited as the National Assembly (Retiring Allowances) Act.2. Interpretation
In this Act—"annual pensionable emoluments" means—(a)the annual salary payable to a member immediately before he ceases to be a member or the current annual salary payable to a member, whichever is the higher; or(b)in the case of a member who also held an office while he was a member, the annual salary which was payable in respect of that office or the current annual salary payable in respect of such office, whichever is the higher;"legislative service"—(a)means service as a member of the Legislature;(b)includes service before 12 March 1968;(c)does not include any break in any such service;"member" means a member of the Assembly and includes the Speaker, notwithstanding that he is not an elected member of the Assembly;"Minister" means the Minister to whom responsibility for the subject of finance is assigned;"qualifying service" means service as a member in each of 2 terms, whether consecutive or not;"retiring allowance" means the allowance payable under section 3;"retiring member" means a person who ceases or has ceased to be a member;"salary" means an allowance payable to a member under the National Assembly Allowances Act and includes any cost of living allowance, by whatever name called;"term" means a period beginning with the first sitting of the Assembly following a dissolution of Parliament and ending with the next dissolution of Parliament or part of such period.[S. 2 amended by Act 16 of 1988; Act 48 of 1991; Act 1 of 1996; Act 7 of 1996; Act 18 of 1999.]3. Entitlement to retiring allowance
4. Determination of retiring allowance
For the purpose of determining the retiring allowance—5. Gratuity and reduced pension
6. Gratuity where member dies
Where a member dies in office, there shall be paid to his legal personal representatives a gratuity of an amount equal to—7. Cessation of payment of retiring allowance
8. ***
9. Protection of retiring allowance
A retiring allowance shall not be assignable or transferable or liable to be assigned, sequestered or levied upon except for the purpose of satisfying—9A. Abolition of office
Where an office established by the Constitution is subsequently abolished, the annual pensionable emoluments in respect of that office shall be computed in the prescribed manner.[S. 9A added by Act 33 of 1982.]10. Regulations
The Minister may make such regulations as he thinks fit for the purposes of this Act.11. Saving
No person shall for the purposes of the Constitution be considered as holding a public office by reason only that he is in receipt of a retiring allowance under this Act.12. Transitional provision
For the purposes of computing the retiring allowance of a member, any contribution payable under section 3 by that member in respect of his legislative service before 14 June 1982 shall be deemed to have been paid.[S. 12 added by Act 33 of 1982.]History of this document
30 June 2017 this version
Consolidation
18 September 1976
Commenced