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Leaders (President, Prime Minister and Chairman of the National Council of Chiefs) Entitlements Act 2000

Assent: 24 April 2000
Commencement: 1 January 2001

REPUBLIC OF VANUATU

LEADERS (PRESIDENT, PRIME MINISTER AND CHAIRMAN
OF THE NATIONAL COUNCIL OF CHIEFS) ENTITLEMENTS ACT
NO. 10 OF 2000

Arrangement of Sections

1. Interpretation
2. Leaders allowance
3. Bereavement payments to widow or widowers of leaders
4. Former leaders payments
5. Limit on number of payments
6. Regulations
7. Commencement

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REPUBLIC OF VANUATU

LEADERS (PRESIDENT, PRIME MINISTER AND CHAIRMAN OF THE NATIONAL COUNCIL OF CHIEFS) ENTITLEMENTS ACT NO. 10 OF 2000

To provide for certain payments to leaders and for related purposes

BE IT ENACTED by the President and the Parliament as follows:

INTERPRETATION

1. In this Act, unless the contrary intention appears:

“bereavement payment” means a payment referred to in section 3;

“Chairman of the National Council of Chiefs” means the person elected as Chairman of the National Council of Chiefs in accordance with Article 29(4) of the Constitution;

“former leaders payment” means a payment referred to in section 4;

“leaders allowance” means an allowance referred to in section 2;

“Minister” means the Minister responsible for official salaries;

“President” means the President of the Republic referred to in Chapter 6 of the Constitution;

“Prime Minister” means the Prime Minister referred to in Chapter 7 of the Constitution;

“widow” means a woman who was legally married to a man immediately before his death;

“widower” means a man who was legally married to a woman immediately before her death.

LEADERS ALLOWANCE

2. (1) Subject to subsection (2), a leaders allowance is payable to a person if the person ceases to hold office as President, Prime Minister or Chairman of the National Council of Chiefs.

(2) A leaders allowance is not payable to a person while he or she is being paid any remuneration, benefit, allowance or other payment by the State.

(3) Subject to subsection (4), a leaders allowance is equal to 20 % of the person’s basic annual salary when he or she ceased holding office.

(4) If a person has held more than one office, the leaders allowance payable to the person is equal to 20% of the person’s highest basic annual salary while holding office. For example, if a person is the Prime Minister and later becomes the President, the leaders allowance payable to the person after ceasing to hold office as President is 20% of the President’s basic annual salary.

(5) A leaders allowance is payable annually to the person in monthly installments or part thereof, and ceases to be payable when the person dies.

BEREAVEMENT PAYMENTS TO WIDOWS OR WIDOWERS OF LEADERS

3. (1) Subject to subsection (2), a bereavement payment is payable to a person’s widow or widower if the person dies while holding office as President, Prime Minister or Chairman of the National Council of Chiefs.

(2) A bereavement payment is not payable to a widow or widower while she or he is being paid any remuneration, benefit, allowance or other payment by the State.

(3) A bereavement payment is payable to a person’s widow or widower as a lump sum amount and is equal to the person’s annual basic salary at the time of the person’s death.

FORMER LEADERS PAYMENTS

4. (1) Subject to subsection (2), if:

(a) before the commencement of this Act, a person ceased to hold office as President, Prime Minister or Chairman of the National Council of Chiefs; and

(b) on the commencement of this Act:

(i) the person is alive; or

(ii) the person is dead, but the person’s widow is alive;

a former leaders payment is payable to the person, or the person’s widow, as the case requires.

(2) A former leaders payment is not payable to a person while he or she is being paid any remuneration, benefit, allowance or other payment by the State.

(3) A former leaders payment is payable as a lump sum amount and is equal to the former leader’s annual basic salary when he ceased holding office

LIMIT ON NUMBER OF PAYMENTS

5. (1) If a person is paid a leaders allowance, a bereavement payment or a former leaders payment, neither the person nor the person’s widow or widower is entitled to any other payment under this Act.

(2) For example, if a person who has been the Prime Minister is paid a leaders allowance for ceasing to hold that office and the person later becomes the President, the person cannot be paid another leaders allowance for ceasing to hold the office of President. If the person dies while holding office as President, the person’s widow or widower cannot be paid a bereavement payment.

(3) To avoid doubt, this section applies despite any other provision of this Act.

REGULATIONS

6. The Minister may, by Order in writing, make regulations prescribing all matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

COMMENCEMENT

7. (1) This Act commences on a date determined by Order in writing by the Minister.

(2) A copy of the Order must be published in the Gazette.

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