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Prescription of Salaries (Amendment) Act 1999

FIJI ISLANDS

PRESIDENT'S PENSION (AMENDMENT) ACT, 1999

ACT NO. 6 OF 1999

I assent.

[L.S.]

K. K. T. MARA
President

[19 March 1999]

AN ACT

TO AMEND THE PRESIDENT'S PENSION ACT 1994

ENACTED by the Parliament of the Fiji Islands-

Short title and commencement

1.-(1) This Act may be cited as the President's Pension (Amendment) Act 1999.

(2) This Act is deemed to have commenced on 18th January 1999.

Meaning of principal Act

2. In this Act, 'principal Act' means the Act No. 15 of 1994 known as the President's Pension Act 1994 and printed at page 719 of the Gazette for 1994.

Amendment of long title

3. The long title to the principal Act is amended by adding after "Fiji" the words "or President or Vice President of the Fiji Islands".

Addition of section 1

4. The principal Act is amended by adding as section 1-

"Short-title and commencement

1.-(1) This Act may be cited as the Presidential Pensions Act 1994.

(2) This Act is deemed to have come into force on 1st February 1983.".

Addition of section 2

5.-(1) The principal Act is amended by adding as section 2-

"Interpretation

2.-(1) In this Act, unless the context otherwise requires-

"Governor-General" means a person appointed as Governor-General of Fiji under section 27 of the 1970 Constitution of Fiji;

"President" means a person appointed as-

(a) President of the Republic of Fiji under section 4 of the Appointment of Head of State and Dissolution of Fiji Military Government Decree 1987;

(b) President of the Republic of Fiji under section 2 of the Head of State and Executive Authority Decree 1988;

(c) President of the Republic of Fiji under section 31 of the 1990 Constitution of the Sovereign Democratic Republic of Fiji; or

(d) President of the Republic of the Fiji Islands under section 90 of the Constitution Amendment Act 1997;

"Vice President" means a person appointed as Vice-President of the Republic of the Fiji Islands under section 90 of the Constitution Amendment Act 1997.

(2) For the purposes of this Act-

(a) "Governor General" does not include a person who acted as such under section 28 of the 1970 Constitution of Fiji;

(b) "President" does not include a person who acted as such under section 33 of the 1990 Constitution of the Sovereign Democratic Republic of Fiji;

(c) "President" and "Vice President" do not include a person who acts as such under section 88(3) of the Constitution Amendment Act 1997; and

(d) a reference to a person ceasing to be President or Vice President does not include a person ceasing to be such by virtue of a provision relating to removal from office.".

(2) The existing definition of "Governor-General " and "President" and the words purporting to be subsection (5) which appear after the long title of the principal Act are repealed.

Pension payable to Governor-General, President and Vice President

6. Section 3 of the principal Act is amended-

(a) in subsection (1) by deleting "other than by virtue of this removal from office under section 35 of the Constitution";

(b) by adding the following new subsection-

"(4) In this section, references to the President include references to the Vice-President with effect from 18^th January 1999.".

Right to choose

7. Section 4 of the principal Act is amended-

(a) by deleting "other than by virtue of section 35 of the Constitution";

(b) by adding "or Vice-President" after "President" in the first line.

Gratuity payment

8. Section 5 of the principal Act is amended in subsection (6)-

(a) by deleting "or who is acting temporarily as President, as the case may be";

(b) in paragraph (a) by deleting "or is acting temporarily as President";

(c) in paragraph (b) by deleting "or acted temporarily as President, respectively";

(d) by adding "or Vice-President" after "President" wherever it appears.

Gratuity payable to legal personal representatives

9. Section 6 of the principal Act is amended in subsection (1) by adding "or Vice-President" after "President".

Pension payable to surviving widow of President

10. Section 7 of the principal Act is amended by adding "or Vice-President" after "President" in subsections (1) and (2).

Passed by the House of Representatives this 10th day of February 1999.

Passed by the Senate this 1st day of March 1999.