Applicability of pensions law
89.—(1) Subject to section 91, the law applicable to the grant and payment to any officer, or to his widow or widower, children, dependants or personal representatives, of any pension, gratuity or other like allowance (in this section and in sections 90 and 91 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 day or any later law not less favourable to the person concerned.
(2) For the purposes of this section the relevant day is—
(a)in relation to an award granted before the appointed day, the day on which the award was granted;
(b)in relation to an award granted or to be granted on or after the appointed day to or in respect of a person who was a public officer before that day, the day immediately before that day;
(c)in relation to an award granted or to be granted to or in respect of a person who first becomes a public officer on or after the appointed day, the day on which he or she becomes a public officer.
(3) For the purposes of this section, in so far as the law applicable to an award depends on the option of the person to or in respect of whom it is granted or to be granted, the law for which he or she opts shall be taken to be more favourable to him or her than any other law for which he or she might have opted.
(4) In this section “the appointed day” means the date of commencement of this Constitution.