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The Bahamas Independence Order 1973

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Protection of pension rights

122.—(1) Subject to the provisions of Articles 123 and 124 of this Constitution, the law applicable to the grant and payment to any officer, or to his widow, children, dependants or personal representatives, of any pension, compensation, gratuity or other like allowance (in this Article and Articles 123 and 124 of this Constitution referred to as an “award”) in respect of the service of that officer in a public office shall be that in force on the relevant date or any later law that is not less favourable to that person.

(2) In paragraph (1) of this Article “the relevant date” means

(a)in relation to an award granted before 10th July 1973, the date on which the award was granted;

(b)in relation to an award granted or to be granted on or after 10th July 1973 to or in respect of any person who was a public officer before that date, 9th July 1973;

(c)in relation to an award granted or to be granted to or in respect of any person who becomes a public officer on or after 10th July 1973, the date on which he becomes a public officer.

(3) Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this Article, be deemed to be more favourable to him than the other law or laws.

(4) Awards granted under any law in respect of service in a public office (not being awards that are a charge upon some other public fund of The Bahamas) are hereby charged on the Consolidated Fund.

(5) For the purposes of this Article and of Articles 123 and 124 of this Constitution, service as a Justice of the Supreme Court or Justice of Appeal shall be deemed to be service in the Public service.

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