Gazette June 2 2023 Part A VOL. CLVIII No.56 Bill & SI 33-36

Jun 2, 2023 | Part A

PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023

OBJECTS AND REASONS

This Bill would amend the certain enactments relating to pensions in order to provide for a contributory pension scheme for certain public officers.

PENSIONS (MISCELLANEOUS PROVISIONS) ACT, 2023

Arrangement of Sections

  1. Short title
  2. Amendment of enactments set out in Schedule

SCHEDULE

Consequential Amendments

BARBADOS

A Bill entitled

An Act to amend certain enactments relating to pensions in order to provide for a contributory pension scheme for certain public officers.

ENACTED by the Parliament of Barbados as follows:

Short title

1.

2023.

This Act may be cited as the Pensions (Miscellaneous Provisions) Act,

Amendment of enactments set out in Schedule

  1. The enactment set out in the first column of the Schedule areamended in the respects set out in the second column.
    SCHEDULE
    (Section 2)
    CONSEQUENTIAL AMENDMENTS
    Column 1
    Enactments
    1. Pensions Act, Cap. 25
  1. Delete theColumn 2
    Amendments
    1. word “Crown” where it appears and substitute the word “State”.
    2. words “Governor General” where they appear and substitute the word “President”.
  2. Insert immediately after Part II the following:

“Part IIA

PERSONS WHO BECAME OFFICERS ON OR AFTER 1ST JANUARY, 2024

Application of this Part

8B. This Part, applies to a person who becomes an officer on or after the 1st day of January, 2024.

Deduction of contributions

8C.(1) With effect from the 1st day of January, 2024, there shall be deducted from the pensionable emoluments of an officer to whom this Part applies, a contribution at the rate of

Schedule – (Cont’d)

CONSEQUENTIAL AMENDMENTS – (Cont’d)

Column 1

Enactments

  1. Pensions Act, Cap. 25 – (Cont’d)Column 2
    Amendments
    1. 5 per cent of his pensionable emoluments, where the emoluments exceed the maximum; and
    2. 2 per cent of his pensionable emoluments where the emoluments do not exceed the maximum,

insurable earnings on which contributions are payable in accordance with the National Insurance and Social Security (Insurable Earnings) Order, 2020 (S.I. 2020 No.32).

  1. An officer referred to in subsection (1) whose pensionable emoluments
    1. exceed the maximum insurable earnings referred to in subsection (1)(a) may, in addition to the contributions deducted under that subsection, voluntarily pay a contribution at the rate of 3 per cent; and
    2. do not exceed the maximum insurable earnings referred to in subsection (1)(b) may in addition to the contributions deducted under that section, voluntarily pay a contribution at the rate of 1 per cent.”

Schedule – (Cont’d)

CONSEQUENTIAL AMENDMENTS – (Cont’d)

Column 1

Enactments

  1. Pensions Act, Cap. 25 – (Concl’d)
  2. Public Employees (Pensions) Act, Cap. 30

Column 2

Amendments Non-application of section

8D. Section 7 does not apply to an officer to whom this Part applies.

Contributions payable to the Fund

8E. Contributions referred to in section 8C shall be paid into the Public Service Pension Fund established by the National Insurance and Social Security Act, Cap. 47.

  1. Delete the
    1. word “Governor-General” where they appear and substitute the word “President”;
    2. “Establishments” and substitute the words “the public service”.
  2. Insert immediately after Part IIA the following:

“Part IIB

PERSONS WHO BECOME PUBLIC EMPLOYEES ON OR AFTER 1ST JANUARY, 2024

Schedule – (Cont’d)

CONSEQUENTIAL AMENDMENTS – (Cont’d)

Column 1

Enactments

  1. Public Employees (Pensions) Act, Cap. 30 – (Cont’d)Column 2
    Amendments Application of this Part10E. This Part applies to a person who becomes a public employee on or after the 1st day of January, 2024.
    Deduction of contribution
    10F.(1) With effect from the 1st day of January, 2024 there shall be deducted from the pensionable emoluments of a public employee to whom this Part applies, a contribution at the rate of
    1. 5 per cent of his pensionable emoluments where the emoluments exceed;
    2. 2 per cent of his pensionable emoluments where the emoluments do not exceed,

the maximum insurable earnings payable in accordance with the National Insurance and Social Security (Insurable) Earnings Order, 2020 (S.I. 2020 No.32).

(2) A employee referred to in subsection (1) whose emoluments exceed

Schedule – (Cont’d)

CONSEQUENTIAL AMENDMENTS – (Cont’d)

Column 1

Enactments

  1. Public Employees (Pensions) Act, Cap. 30 – (Concl’d)
  2. Teachers (Secondary Schools) Pensions Act, Cap. 56Column 2
    Amendments
    1. the maximum insurable earnings referred to in subsection (1)(a) may, in addition to the rate of contribution deducted under that subsection, voluntarily pay a contribution at the rate of 3 per cent; and
    2. do not exceed the maximum insurable earnings referred to in section 1(b), may in addition to the rate of contribution deducted in that subsection, voluntarily pay a contribution at the rate of 1 per cent.

Contributions payable to Fund

10G. Contributions referred to in section 10F, shall be paid into the Public Service Pension Fund established by the National Insurance and Social Security Act, Cap. 47.

Non-application of sections

10H.(1) Section 5 does not apply to pensions payable to a public employee to whom this Part applies.

(2) Section 6 does not apply to a public employee referred to in subsection (1).”.

  1. Delete the
    1. word “Crown” where it appears and substitute the word “State”; and
    2. the words “Governor-General” and substitute the word “President”.
      Schedule – (Cont’d)

      CONSEQUENTIAL AMENDMENTS – (Cont’d)
      Column 1
      Enactments
      3. Teachers (Secondary Schools) Pensions Act, Cap. 56 – (Cont’d)Column 2
      Amendments
  2. Insert immediately after Part II the following as:
    “Part IIA
    PERSONS WHO BECOME TEACHERS ON OR AFTER 1ST JANUARY, 2024
    Application of this Part
    11B. This Part applies to a person who becomes a teacher on or after the 1st day of January, 2024.
    Deduction of contributions
    11C.(1) With effect from the 1st day of January, 2024, there shall be a deduction from the pensionable emoluments of a teacher to whom this Part applies a contribution at rate of
    1. 5 per cent of his pensionable emoluments where the emoluments exceed;
    2. 2 per cent of his pensionable emoluments where the emoluments do not exceed,
      the maximum insurable earnings on which contributions are payable in accordance with the National Insurance and Social Security (Insurable Earnings) Order, 2020 (S.I. 2020 No. 32).
      Schedule – (Cont’d)

      CONSEQUENTIAL AMENDMENTS – (Cont’d)
      Column 1
      Enactments
  3. Teachers (Secondary Schools) Pensions Act, Cap. 56 – (Concl’d)
  4. Statutory Boards Pensions Act, Cap. 38

Column 2

Amendments

  1. A teacher referred to in subsection (1) whose pensionable emoluments
    1. exceed the maximum insurable earnings referred to in subsection (1)(a) may, in addition to the rate of contribution under that subsection, voluntarily pay a contribution at the rate of 3 per cent; and
    2. do not exceed the maximum insurable earnings referred to subsection 1(b), may in addition to the rate of contribution deducted in that subsection, voluntarily pay a contribution at the rate of 1 per cent.

Contributions to be paid to National Insurance Board

11D. Contributions referred to in section 11C. shall be paid into the Public Service Pension Fund established by the National Insurance and Social Security Act, Cap. 47.”.

  1. Insert immediately after Part II the following:
    “Part IIA
    PERSONS WHO BECOME OFFICERS ON OR AFTER 1ST JANUARY, 2024
    Application of this Part
    8B. This Part applies to a person who becomes an officer on or after the 1st day of January, 2024.
    Schedule – (Cont’d)

    CONSEQUENTIAL AMENDMENTS – (Cont’d)
    Column 1
    Enactments
    1. Statutory Boards Pensions Act, Cap. 38 – (Cont’d)Column 2
      Amendments Deduction of contributions8C.(1) With effect from the 1st day of January, 2024, there shall be deducted from the pensionable emoluments of an officer to whom this Part applies a contribution at the rate of
      1. 5 per cent of his pensionable emoluments where the emoluments exceed;
      2. 2 per cent of his pensionable emoluments where the emoluments do not exceed,

the maximum insurable earnings on which contributions are payable in accordance with the National Insurance and Social Security (Insurable Earnings) Order, 2020 (S.I. 2020 No. 32).

  1. An officer referred to in subsection (1) whose pensionable emoulments exceed
    1. the maximum insurable earnings referred to in subsection (1)(a) may, in addition to the rate of contribution deducted under that subsection voluntarily pay a contribution at the rate of 3 per cent;
    2. do not exceed the maximum insurable earnings referred to in subsection 1(b), may in addition to the rate of contribution deducted in that subsection, voluntarily pay a contribution at the rate of 1 per cent.

Schedule – (Cont’d)

CONSEQUENTIAL AMENDMENTS – (Cont’d)

Column 1

Enactments

  1. Statutory Boards Pensions Act, Cap. 38 – (Concl’d)
  2. Pensions Regulations, 1947

Column 2

Amendments Contributions payable to the Fund

8D. Contributions referred to in section 8C. shall be paid into the Public Service Pension Fund established by the National Insurance and Social Security Act, Cap. 47.”.

  1. Delete the words “Governor-General” where they appear and substitute the word “President”.
  2. Insert immediately after Part II the following:

“Part IIA

PERSONS WHO BECOME OFFICERS ON OR AFTER 1ST JANUARY, 2024

Application of this Part

6A. This Part applies to a person who becomes an officer on or after the 1st day of January, 2024 .

Pensions to whom and at what rate granted

6B. Subject to the provisions of the Act, and of these Regulations, every officer to whom this Part applies holding a pensionable office in the service of Barbados in a civil capacity for 3 years or more may be granted on retirement a pension at the annual rate of

1.67 hundredth of his pensionable emoluments for each complete month of his pensionable service.”.

Schedule – (Cont’d)

CONSEQUENTIAL AMENDMENTS – (Cont’d)

Column 1

Enactments

6. Teachers (Secondary Schools) Pensions Regulations, 1962

Column 2

Amendments

  1. Delete the words “Governor-General” where they appear and substitute the word “President”.
  2. Insert immediately after Part II the following:

“Part IIA

PERSONS WHO BECOME TEACHERS ON OR AFTER 1ST JANUARY, 2024

Application of this Part

6A. This Part applies to a person who becomes an officer on or after the 1st day of January, 2024..

Pensions to whom and at what rates granted

6B. Subject to the provisions of the Act, and these Regulations, every teacher to whom this Part applies who has been in the teaching service for 3 years or more may be granted on retirement a pension at the annual rate of 1.67 hundredth of his pensionable emoluments for each complete month of his pensionable service.”.

Schedule – (Cont’d)

CONSEQUENTIAL AMENDMENTS – (Cont’d)

Column 1

Enactments

7. Public Employees Pensions Regulations, 1961

Column 2

Amendments

  1. Delete the words “Governor General” where they appear and substitute the word “President”.
  2. Insert immediately after section 3A, the following new regulations:
    “Application
    3B. Regulation 3C applies to a person who becomes a public employee on or after the 1st day of January, 2024.
    Rate of pension to persons eligible for pensions
    3C. Subject to the provisions of the Act and these Regulations, every public employee to whom this section applies who
    1. is the substantive holder of any scheduled office; and
    2. has been in the public service for 3 years or more,

may, on retirement, be granted a pension at the annual rate of 1.67 hundredth of his pensionable emoluments for each completed month of his pensionable service.”.

Schedule – (Concl’d)

Column 1

Enactments

  1. National Insurance and Social and Social Security Act, Cap. 47Column 2
    AmendmentsInsert immediately after section 30B the following: “Establishment of Public Service Fund 30C.(1) There shall be established a fund calledthe Public Service Pensions Fund.
    1. The Fund shall be administered and managed by the Board.
    2. There shall be paid into the Public Service Pension Fund all contributions deducted from the salaries of
      1. public officers under section 8C of thePensions Act, Cap. 25;
      2. a public employees under section 10G Public Employees (Pensions) Act, Cap. 30;
      3. teachers under section 11C of the Teachers (Secondary Schools) Pensions Act, Cap. 56;
      4. officer under section 8C of the Statutory Boards Pension Act, Cap. 384.

    Read three times and passed the House of Assembly this day of , 2023.
    Speaker
    Read three times and passed the Senate this day of, 2023.
    President
    S.I. 2023 No. 33
    Miscellaneous Controls Act CAP. 329MISCELLANEOUS CONTROLS (CONTROL OF PRICES) (GENERAL) (AMENDMENT) (NO. 5) REGULATIONS, 2023
    The Minister, in exercise of the powers conferred on him by section 3 of theMiscellaneous Controls Act, makes the following Regulations:
    1. These Regulations may be cited as the Miscellaneous Controls(Control of Prices) (General) (Amendment) (No. 5) Regulations, 2023.
    2. The Schedule to the Miscellaneous Controls (Control of Prices)

(General) Regulations, 2015 (S.I. 2015 No. 76) is amended by deleting the following items:

“Diesel Fuel” “Gasolene” “Kerosene”

“Liquefied Petroleum Gas”

appearing in the first column of the Schedule under the Article “PETROLEUM PRODUCTS” and all the words appearing opposite thereto in the columns marked “WHOLESALE PRICE” and “RETAIL PRICE” and substituting therefor the items set out in the Schedule to these Regulations, together with the wholesale and retail prices set out in respect of those items.

3.

2023.

These Regulations shall come into operation on the 5th day of June,

SCHEDULE

(Regulation 2)

ARTICLEWHOLESALE PRICE(not greater than)RETAIL PRICE(not greater than)
PETROLEUM PRODUCTS:
$3.16652 per litre
$3.42 per litre
Diesel Fuel
Gasolene$3.87241 per litre$4.17 per litre
Kerosene$1.56932 per litre$1.62 per litre
Liquefied Petroleum Gas$36.45 per cylinder
containing 20 lbs
$40.10 per cylinder
containing 22 lbs
$45.38 per cylinder
containing 25 lbs
$161.11 per cylinder
containing 100 lbs

Made by the Minister this 31st day of May, 2023.

L. CUMMINS

Minister responsible for Energy and Business

S.I. 2023 No. 34

By Her Excellency The Most Honourable Dame Sandra Prunella Mason, Freedom of Barbados, Dame Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Dame of Saint Andrew, Queen’s Counsel, Doctor of Laws, President of Barbados.

S. MASON President

A PROCLAMATION

WHEREAS by section 153 of the Civil Aviation Act, 2022 (Act 2022-19) it is provided that the Act shall come into operation on a date to be fixed by Proclamation:

AND WHEREAS it is expedient that the Act comes into operation on the 1st day of June, 2023;

NOW THEREFORE by virtue of the power and authority in me vested, I hereby appoint the 1st day of June, 2023 as the day on which the Act shall come into operation.

Given under my hand and the Public Seal of Barbados this 1st day of June, 2023.

S.I. 2023 No. 35

By Her Excellency The Most Honourable Dame Sandra Prunella Mason, Freedom of Barbados, Dame Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Dame of Saint Andrew, Queen’s Counsel, Doctor of Laws, President of Barbados.

  1. MASON President
    A PROCLAMATION
    WHEREAS by section 57 of the Civil Aviation (Air Navigation Services and Investigation of Accidents) Act, 2022 (Act 2022-20) it is provided that the Act shall come into operation on a date to be fixed by Proclamation:

    AND WHEREAS it is expedient that the Act comes into operation on the 1st day of June, 2023;NOW THEREFORE by virtue of the power and authority in me vested, I hereby appoint the 1st day of June, 2023 as the day on which the Act shall come into operation.
    Given under my hand and the Public Seal of Barbados this 1st day of June, 2023.

    Statutory Instrument2nd June, 2023
    S.I. 2023 No. 36
    DIRECTIONS GIVEN BY THE CHIEF TECHNICAL OFFICER WITH THE APPROVAL OF THE MINISTER RESPONSIBLE FOR ROADTRAFFIC UNDER REGULATION 88 OF THE ROAD TRAFFIC REGULATIONS, 1984
    1. These directions may be cited as the Road Traffic (Barbados Rally Club, “King of The Hill” and “SOL Rally Barbados”) Directions, 2023.
    2. The following roads will be closed during the specified periods:
      On Sunday June 4, 2023
      1. Between the hours of 10.30 a.m. and 6.00 p.m. in the parishes of Saint Philip and Saint John, the section of the road known as Thicket’s road, commencing from the junction of the said road, proceeding in a northerly direction on Highway 3, continuing easterly towards Supers road, proceeding in a north westerly direction on Sealy Hall road, continuing towards Society Plantation and finishing at the junction with Colleton Plantation.
        On Saturday June 10, 2023
      2. Between the hours of 9.30 a.m. and 5.30 p.m. in the parish of Saint Andrew, the section of road known as Farrell’s road, commencing from the junction of the said road, proceeding in a southerly direction onto Lakes road, continuing southerly on
        2 S.I. 2023 No. 36
        St. Sylvans road (Dark Hole), proceeding in an easterly direction on Upper Parks road and finishing at the junction with Saddleback road.
      3. Between the hours of 10.00 a.m. and 6.00 p.m. in the parish of Saint Peter, the section of road known as Indian Ground, commencing from the junction with the said road, proceeding south westerly on Four Hill road, continuing in a northerly direction on Orange Hill road, proceeding in an easterly direction through French Village and finishing one hundred metres from Mount Brevitor road.
      4. Between the hours of 10.30 a.m. and 6.00 p.m. in the parish of Saint Lucy commencing from Church Hill road, continuing easterly towards Alexandra, proceeding in a westerly direction on Cottage road continuing onto Highway 1C, proceeding in a north westerly direction at Spring Hall road, continuing through Mount Poyer and finishing two hundred metres south of St. Swithin’s Church.
        On Sunday June 11, 2023
      5. Between the hours of 9.00 a.m. and 5.00 p.m. in the parish of Saint Philip, the section of road known as Harrow Road, commencing from the junction with Sunbury road, proceeding easterly on the said Harrow Road, continuing in a southerly direction on Bushy Park road, proceeding north easterly on Sandford Fairfield road, continuing north towards Three Houses Park and finishing at the junction with Blades Hill Road.
      6. Between the hours of 9.00 a.m. and 5.00 p.m. in the parishes of Saint John and Saint George, the section of road known as Kendall road, proceeding northerly on Cliff road, continuing on Highway 4, proceeding westerly on Woodland road, continuing northerly onto Todds Road, continuing westerly towards Ellesmere and finishing two hundred metres before Macaroni Village.
        3 S.I. 2023 No. 36
      7. Between the hours of 10.00 a.m. and 6.00 p.m. in the parishes of Saint John and Saint Joseph, the section of the road known as Sweet Vale, commencing from the end of the said road, proceeding north on Redland and Claybury roads, continuing in an easterly direction on Wilson Hill road, proceeding in a north easterly direction towards Easy Hall plantation, continuing east towards Malvern Plantation and finishing one hundred meters west of Hothersal.
    3. Any person who contravenes these directions or fails to comply with the orders given by a member of the Barbados Police Service in uniform commits an offence and is liable on summary conviction to a fine of $500.00 or imprisonment for a term of six(6) months.
    4. These rules do not apply to vehicles used by the Barbados Police Service, the Fire Service or any Ambulance Service.

Given  by   the Chief    Technical Officer this 15th day  of May, 2023.

CHERYL BENNETT-INNISS

Chief Technical Officer.

Approved by the Minister this 16th day  of May, 2023.

S. BRADSHAW

Minister responsible for Transport, Works and Water Resources.