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Leaders (President, Prime Minister and Chairman of the National Council of Chiefs) Entitlement (Amendment) Act 2008

Commencement: 7 July 2008

REPUBLIC OF VANUATU

LEADERS (PRESIDENT, PRIME MINISTER AND CHAIRMAN OF THE
NATIONAL COUNCIL OF CHIEFS) ENTITLEMENT (AMENDMENT)
ACT NO. 27 OF 2008

Arrangement of Sections

1 Amendment
2 Commencement

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REPUBLIC OF VANUATU

Assent: 12/06/2008
Commencement: 07/07/2008

LEADERS (PRESIDENT, PRIME MINISTER AND CHAIRMAN OF THE
NATIONAL COUNCIL OF CHIEFS) ENTITLEMENT (AMENDMENT)
ACT NO. 27 OF 2008

An Act to amend the Leaders (President, Prime Minister and Chairman of the National Council of Chiefs) Act [CAP 259].

Be it enacted by the President and Parliament as follows:

1 Amendment

The Leaders (President, Prime Minister and Chairman of the National Council of Chiefs) Act [CAP 259] is amended as set out in the Schedule.

2 Commencement

This Act commences on the day on which it is published in the Gazette.

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SCHEDULE

AMENDMENTS OF THE LEADERS (PRESIDENT, PRIME MINISTER AND CHAIRMAN OF THE NATIONAL COUNCIL OF CHIEFS) ACT [CAP 259]

1 Section 1 (Interpretation)

Insert the following definitions in their correct alphabetical positions:

““former leaders allowance” means an allowance referred to in section 4A;

“Government” means a Government Ministry or Department;

“Government agency” has the same meaning as defined under the Public Finance and Economic Management Act [CAP 244];

“leaders payment” means a payment referred to in section 2 A;

“leader” (for the purposes of this Act) means a person who has held the position of President, Prime Minister or Chairman of the National Council of Chiefs;

“widow or widower” means the spouse of a leader during the period in which the person served as a leader.”

2 Subsection 2(5)

Delete “, and ceases to be payable when the person dies”

3 After section 2

Insert

“2A LEADERS PAYMENT

(1) Despite section 2, a leaders payment is payable to a person if the person ceases to hold office as President, Prime Minister or Chairman of the National Council of Chiefs after 01 January 2001.

(2) A leaders payment is payable as a lump sum amount and is equal to the leader’s annual basic salary when he or she ceased holding office.”

4 Subsections 2(2), 3(2) and 4(2)

Delete “State” (wherever occurring) substitute “Government or a Government agency”

5 After section 4

Insert

“4A FORMER LEADERS ALLOWANCE

(1) Despite section 4 of this Act, and subject to subsection (2), a former leaders allowance is payable to a person if the person ceases to hold office as President, Prime Minister or Chairman of the National Council of Chiefs before 01 January 2001.

(2) A former leaders allowance is not payable to a person while he or she is being paid any remuneration, benefit, allowance or other payment by the Government or a Government agency.

(3) Subject to subsection (4), a former leaders allowance is equal to 20% of the person’s basic annual salary when he or she ceased holding office.

(4) If a person has held more than one office, the former leaders allowance payable to the person is equal to 20% of the person’s highest basic annual salary while holding office. For example, if a person is the Prime Minister and later becomes the President, the former leaders allowance payable to the person after ceasing to hold office as President is 20% of the President’s basic annual salary.”

6 Section 5

Repeal the section, substitute

“5 Leaders allowance or former leaders allowance payable to leader’s widow or widower

(1) When a leader dies, the leaders allowance or former leaders allowance will be payable annually to the widow or widower (where applicable) in monthly instalments or part thereof, and ceases to be payable when the widow or the widower dies.

(2) A leader’s allowance or former leaders allowance payable to a widow or widower under subsection (1) is equal to 10% of the leader’s basic annual salary when he or she ceased holding office.

(3) To avoid doubt, a widow or widower is entitled to the payment referred to in this section even if the widow or widower has received a bereavement payment under section 3.”

7 After section 5

Insert

“5A Leader not entitled to payments if leader has held office for a period of less than 12 months

(1) Subject to subsection (2) and despite the provisions of this Act, a leader or the leader’s widow or widower is not entitled to any payments under this Act if the leader has held the relevant position for a period of less than 12 months.

(2) Subsection (1) does not apply if the leader has become physically or mentally incapacitated while holding office during a period of less than 12 months.”