Section 18
of Pensions Act
Section 18
(1)
It shall be lawful for His Majesty the Sultan and Yang
Di-Pertuan in Council, in addition to the grant if any made under section 16, to grant to such dependants as are hereinafter defined of an officer who dies as a result of injuries received —
(a)
in the actual discharge of his duty;
(b)
without his own default; and
(c)
on account of circumstances specifically attributable to the nature of his duty;
while in service under the Government, the following pension —
(i)
if the deceased officer leaves a widow, a pension to her, while unmarried and of good character, at a rate not exceeding ten-sixtieths of his annual pensionable emoluments at the date of the injury, or $240 a year, whichever is the greater;
(ii)
if the deceased officer leaves a widow to whom a pension is granted under paragraph (i) and child or children, a pension in respect of each child, until such child attains the age of 21 years, of an amount not exceeding one-eighth of the pension prescribed under paragraph (i);
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(iii)
if the deceased officer leaves a child or children, but does not leave a widow or no pension is granted to the widow, a pension in respect of each child, until such child attains the age of 21 years, of double the amount prescribed by paragraph (ii);
(iv)
if the deceased officer leaves a child or children and a widow to whom a pension is granted under paragraph (i), and the widow subsequently dies, a pension in respect of each child as from the date of the death of the widow until such child attains the age of 21 years, of double the amount prescribed in paragraph (ii);
(v)
if the deceased officer does not leave a widow, or if no pension is granted to his widow, and if his mother was wholly or mainly dependent on him for her support, a pension to the mother, while of good character and without adequate means of support, of an amount not exceeding the pension which might have been granted to his widow;
(vi)
if the deceased officer does not leave a widow or mother, or if no pension is granted to his widow or mother, and if his father was wholly or mainly dependent on him for his support, a pension to the father, while of good character, of an amount not exceeding the pension which might have been granted to his widow;
(vii)
if the deceased officer does not leave a child or children who is or are eligible for a pension under the provisions of this section, and if any brother or sister was wholly or mainly dependent on him for support, a pension in respect of any such brother or sister of the same amount and subject to the same conditions as the pension which might have been granted in respect of a child under paragraph (ii), (iii) or (iv):
Provided that —
(a)
pension shall not be payable under this subsection at any time in respect of more than six children;
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(b)
in the case of a pension granted under paragraph (v), if the mother is a widow at the time of the grant of the pension and subsequently remarries, such pension shall cease as from the date of re-marriage;
(c)
a pension granted to a female child under this section shall cease upon the marriage of such child under the age of 21 years;
(d)
in the case of a pension granted under paragraph (v), (vi) or
(vii)
, if it appears to His Majesty the Sultan and Yang Di-Pertuan in
Council at any time that the mother or father, or any brother or sister, is adequately provided with other means of support, such pension shall cease as from such date as His Majesty the Sultan and Yang
Di-Pertuan in Council may determine.
(2)
In the case of an officer not holding a pensionable office, in subsection (1), “pensionable emoluments” means the emoluments enjoyed by him which would have been pensionable emoluments if the office held by him had been a pensionable office.
(3)
For the purposes of this section, in relation to an officer —
(a)
“brother” includes every male child of his father or of his mother;
(b)
“child” includes —
(i)
a posthumous child;
(ii)
a step-child or illegitimate child born before the date of the injury and wholly or mainly dependent upon him for support; and
(iii)
an adopted child, adopted in manner recognised by law, before the date of the injury, and dependent as aforesaid;
(c)
“father” includes his step-father and a male person by whom he has been adopted;
(d)
“mother” includes his step-mother and a female person by whom he has been adopted;
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(e)
“sister” includes every female child of his father or of his mother;
(f)
“widow” means, in the case of a deceased officer who is a
Muslim, all his legal wives living at the time of his death:
Provided that each of such widows shall receive only a proportionate part, the amount of which to be decided by the Syariah High Court, of the total pension payable under this section to an only widow.
(4)
If an officer proceeding by a route approved by the Minister to or from Brunei Darussalam at the commencement or termination of his service therein, or of a period of leave therefrom, dies as the result of damage to the vessel, aircraft or vehicle in which he is travelling, or of any act of violence directed against such vessel, aircraft or vehicle, and His Majesty the Sultan and Yang Di-Pertuan is satisfied that such damage or act is attributable to circumstances arising out of any war in which His Majesty the Sultan and
Yang Di-Pertuan may be engaged, the officer shall be deemed, for the purpose of this section, to have died in the circumstances described in subsection (1):
Provided that this subsection does not apply in the case of an officer who is eligible to receive an award under subsection (5).
(5)
An officer who dies as a result of injuries received while travelling by air in pursuance of official instructions is deemed to have died in the actual discharge of his duty and on account of circumstances specifically attributable to the nature of his duty; and if his injuries were not due to his own default, the rates of pension prescribed in subsection (1)(i)
and (ii) shall be fifteen-sixtieths and one-sixth, respectively.
(6)
This section does not apply in the case of the death of any officer selected for appointment to service under the Government on or after the commencement of the Workmen’s Compensation Act (Chapter 74), if his dependants as defined in that Act received payment thereunder, or where benefits corresponding to the benefits granted under this section are payable under the Overseas Superannuation Scheme in respect of his death, or whose widow, or widow and children, or children, are eligible to receive an award under section 17.
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Application of Act.