Section 2
of Pensions Act
Section 2
(1)
In this Act, unless the context otherwise requires —
“inducement pay” means such additions as may from time to time be attached to the salary of an officer by way of inducement;
“non-pensionable office” means an office which is not a pensionable office;
“other public service” means public service not under the
Government;
“pensionable emoluments” means —
(a)
in respect of service under the Government, salary, personal allowance, and inducement, pay but does not include duty allowance, entertainment allowance or any other emoluments whatever;
(b)
in respect of other public service, emoluments which count for pension in accordance with the law or regulations in force in such service;
“pensionable office” means —
(i)
in respect of service under the Government, an office which, by virtue of provision for the time being in force in an order made by His Majesty the Sultan and
Yang Di-Pertuan in Council and published in the
Gazette, is declared to be or to have been as from such date as may be specified in such order (including a date prior to the date of such order), a pensionable office;
and any such order may from time to time be amended,
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added to, or revoked by an order so made and published:
Provided that where by virtue of any such amendment or revocation any office ceases to be a pensionable office, then so long as any person holding that office at the time of the amendment or revocation continues therein, the office shall, as respects that person, continue to be a pensionable office:
Provided further that in respect of an officer who was a pensionable officer in the service of the Government on 15th December 1941 being an officer to whom section 5 of the repealed Pensions (Special Provisions)
Enactment (Chapter 39 of 1951) applied, the period of service of such officer during the period of enemy occupation and the period subsequent thereto before such officer resumed duty shall be deemed to be service in a pensionable office in Brunei Darussalam;
(ii)
in respect of other public service, an office which is for the time being a pensionable office under the law or regulations in force in such service;
“period of enemy occupation” means the period commencing on 16th December 1941 and ending on 13th June 1945;
“personal allowance” means a special addition to salary granted personally to the holder for the time being of the office and specifically declared to be a pensionable allowance;
“public service” means service in a civil capacity under the
Government or the government of any other part of Her Britannic
Majesty’s dominions or of any British protected state or protectorate or mandated or trust territory administered by the government of any part of Her Britannic Majesty’s dominions, or of the New Hebrides or the Anglo-Egyptian Sudan, or under the
East African Railways and Harbour Administration or service which is pensionable under the Teachers (Superannuation) Act 1925 or any Act amending or replacing the same or under the
Overseas Superannuation Scheme or in a Colonial University
College or pensionable employment under a local authority in the
United Kingdom, or in such other service as His Majesty the
Sultan and Yang Di-Pertuan in Council may determine to be
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“public service” for the purpose of any provision of this Act, and, except for the purposes of computation of pension or gratuity and of section 9, includes service as a Governor General, Governor or
High Commissioner in any part of Her Britannic Majesty’s dominions, any British protected state or protectorate, any mandated or trust territory administered by the Government of any part of Her Britannic Majesty’s dominions, or the Anglo-Egyptian
Sudan, or the East African Railways and Harbour Administration;
“Retirement Fund” means the Trust Sub-Fund established by section 4(2)(b) of the Sustainability Fund Act (Chapter 208);
[S 37/2008]
“salary” means the salary attached to a pensionable office or, where provision is made for taking service in a non-pensionable office into account as pensionable service, the salary attached to that office.
(2)
For the avoidance of doubt, it is hereby declared that, where an officer has been confirmed in a pensionable office and is thereafter appointed to another pensionable office, then, unless the terms of such appointment otherwise require, such last mentioned office is, for the purposes of this Act, an office in which he has been confirmed.
Pensions regulations.