Public Service Pensions Law (2017 Revision)

CAYMAN ISLANDS Public Service Pensions Law (2017 Revision) PUBLIC SERVICE PENSIONS (EX-GRATIA UPLIFT PAYMENTS) REGULATIONS (2020 Revision) Supplement No. 6 published with Legislation Gazette No. 6 dated 16th January, 2020. PUBLISHING DETAILS Revised under the authority of the Law Revision Law (1999 Revision). The Public Service Pensions (Ex-Gratia Uplift Payments) Regulations, 2018 made 12th June, 2018. Consolidated with — Public Service Pensions (Ex-Gratia Uplift Payments) (Amendment) Regulations, 2019 made 17th December, 2019. Consolidated and revised this 31st day of December, 2019. Page 2 Revised as at 31st December, 2019 c Public Service Pensions (Ex-Gratia Uplift Payments) Regulations Arrangement of Regulations CAYMAN ISLANDS Public Service Pensions Law (2017 Revision) PUBLIC SERVICE PENSIONS (EX-GRATIA UPLIFT PAYMENTS) REGULATIONS (2020 Revision) Arrangement of Regulations Section Page 1. Citation ......................................................................................................................................5 2. Definitions ..................................................................................................................................5 3. Eligibility for ex-gratia uplift pension ...........................................................................................6 4. Government liability for the ex-gratia uplift payment ...................................................................6 5. Savings and transitional provisions ............................................................................................7 ENDNOTES 9 Table of Legislation History: ................................................................................................................9 c Revised as at 31st December, 2019 Page 3 Public Service Pensions (Ex-Gratia Uplift Payments) Regulations (2020 Revision) Regulation 1 CAYMAN ISLANDS Public Service Pensions Law (2017 Revision) PUBLIC SERVICE PENSIONS (EX-GRATIA UPLIFT PAYMENTS) REGULATIONS (2020 Revision) 1. Citation 1. These Regulations may be cited as the Public Service Pensions (Ex-Gratia Uplift Payments) Regulations (2020 Revision). 2. Definitions 2. In these Regulations — “Caymanian” has the meaning assigned by the Immigration (Transition) Law, 2018 [Law 33 of 2018]; “cumulative pension” means — (a) a pension annuity payable monthly under the Law; (b) an ex-gratia pension payable under the Public Service Pensions (Ex- Gratia Pensions) Regulations (2019 Revision); or (c) a combination of any of the pensions specified in sub sub-paragraphs (a) and (b); “financial year” means a year ending on 31st December; “Law” means the Public Service Pensions Law (2020 Revision); “minimum cumulative pension” means a monthly payment which is in the amount of — c Revised as at 31st December, 2019 Page 5 Public Service Pensions (Ex-Gratia Uplift Payments) Regulations Regulation 3 (2020 Revision) (a) six hundred and fifty dollars for the 2018 financial year; (b) seven hundred and fifty dollars for the 2019 financial year; (c) eight hundred and fifty dollars for the 2020 financial year; and (d) nine hundred and fifty dollars thereafter; and “normal uplift age” means — (a) age sixty for retired participants whose retirement date occurred before the commencement of these Regulations; (b) age sixty five for retired participants whose retirement date occurs on or after the commencement of these Regulations; or (c) the age at which a retired participant retired or retires after being certified by the Chief Medical Officer of the Government as being permanently disabled. 3. Eligibility for ex-gratia uplift pension 3. (1) A retired participant who is in receipt of a monthly pension — (a) who is Caymanian; (b) who has attained the normal uplift age; (c) who held an office in the Public Service or the Other Public Service for any period of at least ten or more years in the aggregate which aggregate period shall include any one or more of the following periods — (i) any period of pensionable service; (ii) a combination of periods of pensionable service and any period which may be taken into account in calculating eligibility for an ex- gratia pension; or (iii) any period which may be taken into account in calculating eligibility for an ex-gratia pension; (d) and who, during any period specified in sub sub-paragraph (c), was not entitled to or did not receive a contracted officer’s supplement or similar compensation; and (e) whose cumulative pension is less than the minimum cumulative pension, is entitled to an ex-gratia uplift payment equal to the difference between the retired participant’s cumulative pension and the minimum cumulative pension. (2) An ex-gratia uplift payment ceases upon the death of the retired participant. 4. Government liability for the ex-gratia uplift payment 4. An ex-gratia uplift payment is not a liability of the Fund and shall be a recurrent expenditure of the Government which shall be prepaid by the Government into the Fund in amounts necessary to pay such ex-gratia uplift payments. Page 6 Revised as at 31st December, 2019 c Public Service Pensions (Ex-Gratia Uplift Payments) Regulations (2020 Revision) Regulation 5 5. Savings and transitional provisions 5. (1) Subject to paragraph (3), a retired participant who satisfies the eligibility requirements set out in regulation 3 before 1st January, 2018 shall be entitled to an ex-gratia uplift payment with effect from 1st January 2018. (2) Subject to paragraph (3), a retired participant who satisfies the eligibility requirements set out in regulation 3 on or after 1st January 2018 shall be entitled to an ex-gratia uplift payment with effect from the first day of the month immediately following the date of eligibility of the retired participant. (3) A retired participant may, pursuant to a procedure established by the Board under section 9 of the Law, notify the Board in writing of a failure of administrative process which has prevented an ex-gratia uplift payment from being paid or that has resulted in the incorrect calculation of the amount of an ex-gratia uplift payment. (4) Where a retired participant notifies the Board under paragraph (3) after three months of the commencement of these Regulations, and there has been an administrative failure as notified, the ex-gratia uplift payment is due and payable only from the 1st day of the month immediately following notification from the retired participant. Publication in consolidated and revised form authorised by the Cabinet this 7th day of January, 2020. Kim Bullings Clerk of the Cabinet c Revised as at 31st December, 2019 Page 7 Public Service Pensions (Ex-Gratia Uplift Payments) Regulations (2020 Revision) ENDNOTES ENDNOTES Table of Legislation History: SL # Law # Legislation Commencement Gazette 49/2019 Public Service Pensions (Ex-Gratia Uplift Payments) (Amendment) 18-Dec-19 LG49/2019/s2 Regulations, 2019 23/2018 Public Service Pensions (Ex-Gratia Uplift Payments) 1-Jun-18 G13/2018/s1 Regulations, 2018 c Revised as at 31st December, 2019 Page 9 Public Service Pensions (Ex-Gratia Uplift Payments) Regulations ENDNOTES (2020 Revision) Page 10 Revised as at 31st December, 2019 c Public Service Pensions (Ex-Gratia Uplift Payments) Regulations (2020 Revision) ENDNOTES c Revised as at 31st December, 2019 Page 11 Public Service Pensions (Ex-Gratia Uplift Payments) Regulations ENDNOTES (2020 Revision) (Price: $2.40) Page 12 Revised as at 31st December, 2019 c