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Tonga Defence Services Act 1992 - Tonga Defence Services Pensions (Amendment) Regulations 2003

LAWS OF TONGA

TONGA DEFENCE SERVICES PENSIONS (AMENDMENT)
REGULATIONS 2003

GS 28 of 2003

TONGA DEFENCE SERVICES ACT 1992

IN EXERCISE of the powers conferred by section 141(1) of the Tonga Defence Services Act 1992, His Majesty, makes the following Regulations:

1.

(1). These Regulations may be cited as the Tonga Defence Services Pensions (Amendment) Regulations 2003.

(2). The Tonga Defence Services Pensions Regulations 1994, are in these Regulations referred to as the Principal Regulations.

2. Regulations 25 of the Principal Regulations is amended by inserting the additional definitions in the proper alphabetical order—

""death grant" means a grant approved under these Regulations;

"dependent child" means the dependent child of a member;

"disability" means a permanent, partial or total loss of one or more body functions caused by injuries;

"next of kin" means anyone of the member's family nominated by him in a will;"

3. Regulations 26(1)(a) of the Principal Regulations is amended by inserting after the word "injuries" the words "resulting in a disability".

4. Regulation 27(1) of the Principal Regulations is amended by inserting after the word "Services" the words "or a nominated next of kin of an unmarried member".

5. Regulation 27(2) of the Principal Regulations is amended by-

(i). deleting the word "and" at the end of sub regulation (b);

(ii). deleting the full stop after the end of sub regulation (c) and replacing it with a semicolon followed by the word "and"; and

(iii). inserting after sub regulation "(c)" the following-

"(d). in the case of a member who is unmarried, on the date of his death, 55% of the average rate of pay on issue to the member, to the member's nominated next of kin".

6. Regulation 27(3) of the Principal Regulations is amended by inserting after the word "children" the words "or the nominated next of kin of the unmarried member".

7. Regulation 27(4) of the Principal Regulations is amended by—

(i). deleting the word "and" at the end of sub-regulation (a);

(ii). deleting the full stop at the end of sub regulation (b) and replacing it with a semicolon followed by the word "and";

(iii). inserting after sub regulation "(b)" the following—

"(c). in respect of a nominated next of kin, after a period of 10 years from the date of death of the member."

8. A new regulation 29 is inserted as follows—

"29

(1). In addition to and subject to regulation 27(1) the Board may approve a death grant.

(2). The amount of death grant that may be approved shall be in the case of—

(a). a widow without dependent child, $15,000;

(b). a widow with not more than two dependent children, $17,000;

(c). a widow with more than two dependent children, $20,000;

(d). dependent children who are orphans, $2,500 for each child; or

(e). a member who is unmarried on the date of his death, $15,000 to the nominated next to kin."

Made at Nuku‘alofa this 3rd day of December, 2003.

By Command Clerk to Privy Council.