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The Federation of Rhodesia and Nyasaland (Dissolution) Order in Council 1963

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Terminal benefits for Federal judges

29.—(1) Subject to the provisions of paragraph 30, on the date of the termination of his services a Federal judge shall be entitled to—

(a)an earned pension equal to the pension which would have been paid to him under his conditions of service had he retired on that date;

(b)an additional abolition of office pension equal to one-third of his earned pension under paragraph (a) of this sub-paragraph;

(c)a gratuity equal to one and one-half month's salary for each complete year of his service as a Federal judge or as a judge of the High Court of Southern Rhodesia:

Provided that if the gratuity calculated under this sub-paragraph exceeds one year's salary it shall be reduced by the amount of the excess;

(d)the cash equivalent of any vacation leave accrued to him, calculated at his rate of salary;

(e)the transport allowance that would have been paid to him under paragraph 15 had he been a Public Service officer.

(2) A Federal judge who becomes entitled to a pension under sub-paragraph (1) of this paragraph may at any time apply to the Pension Agency for the commutation of a portion thereof, not exceeding one-third of the aggregate of his earned pension under sub-paragraph (a) and his abolition of office pension under sub-paragraph (b) of sub-paragraph (1) of this paragraph, and the Pension Agency may grant the commutation in accordance with the provisions of the Pensions Regulations that would have been applicable had that judge been a Public Service officer in the European Pensionable Branch of the Federal Public Service:

Provided that if that judge applies for the commutation of a portion of his pension before the date of the termination of his services or after that date but within one month thereof, he shall not be required to complete a declaration of health nor to submit to examination by a medical board and the Pension Agency may grant the commutation under the Pensions Regulations without first granting provisional approval therefor.

(3) A Federal judge who resigns from office shall be entitled to a pension and other benefits in accordance with his conditions of service.

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