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Pensions and Gratuities (War Service) Amendment Act 2 0 0 7

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Pensions and Gratuities (War Service) Amendment Act 2 0 0 7 PENSIONS AND GRATUITIES (WAR SERVICE) AMENDMENT ACT 2 0 0 7 BERMUDA 2007 : 20 PENSIONS AND GRATUITIES (WAR SERVICE) AMENDMENT ACT 2007 Date of Assent: 26 June 2007 Operative Date: 26 June 2007 Be it enacted by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows: Short title 1 This Act, which amends the Pensions and Gratuities (War Service) Act 1947 (the “principal Act”), may be cited as the Pensions and Gratuities (War Service) Amendment Act 2007. [Section 1 amended by 2009:11 s.22 effective 25 March 2009] Repeals preamble 2 The preamble to the principal Act is repealed. Amends section 1 3 Section 1 of the principal Act is amended — (a) in the definition “benefit” by inserting after the words “other places,” the words “defrayal of costs of palliative and hospice care,”; (b) by deleting the definition “child”; 1 PENSIONS AND GRATUITIES (WAR SERVICE) AMENDMENT ACT 2 0 0 7 (c) in the definition “dependent” by deleting the words “or upon a person who has been a member of the First World War Contingent,”; (d) by deleting the definition “the First World War”; (e) by deleting the definition “material date” and substituting the following — “ “material date”, in relation to a member of the armed forces or a mercantile mariner, or in relation to a spouse, widow, widower, unmarried dependant living as a spouse, child or other dependant of the member or mariner, means the date on which the member or mariner sustained the wound or injury, or was first removed from duty on account of the disease, on which the claim under this Act in respect of their disablement or death is based, or if there was no such occurrence, the date of the termination of their war service;”; (f) in the definition “member of the armed forces”, by deleting all the words after the words “, the following armed forces—” and substituting the following — “(i) the naval, military or air forces of the United Kingdom or of any Dominion, (ii) the Bermuda Militia Artillery or the Bermuda Militia Infantry, including members of those units who served with the Bermuda Militia Contingent as part of the Caribbean Regiment, (iii) the Bermuda Volunteer Engineers or the Bermuda Volunteer Rifle Corps, including members of those units who served with the Lincolnshire Regiment;”; (g) by deleting the definition “member of a First World War Contingent”; (h) in the definition “mercantile mariner” by deleting all the words after the word “War;”; (i) by replacing the definition “the Minister” with the following— “ “Minister” means the Minister responsible for delegated affairs;”; 2 PENSIONS AND GRATUITIES (WAR SERVICE) AMENDMENT ACT 2 0 0 7 (j) in the definition “other dependant” by deleting the long dash, the words “(i)”, the word “and” at the end of subparagraph (i); and by deleting subparagraph (ii); (k) by deleting the definition “parent”; (l) in subparagraph (i) of the definition of “pension” by deleting the words “or of a First World War Contingent”; (m) by inserting next after the definition “the Second World War” the following— “ “spouse”, in relation to a member of the armed forces or a mercantile mariner means a spouse whose marriage took place before the material date;”; (n) in subparagraph (i) of the definition of “termination” by deleting the words “or of a First World War Contingent”; (o) by deleting the definition “unmarried dependant living as a wife” and substituting the following— “ “unmarried dependant living as a spouse”, in relation to a member of the armed forces or to a mercantile mariner, means a person wholly or substantially maintained by the member or mariner on a permanent bona fide domestic basis as though the person were spouse of the member or mariner throughout the period beginning six months prior to the commencement of the war service of the member or mariner and continuing, where the member or mariner is disabled, up to the date of any award under this Act in respect of their disablement, or, where the member or mariner is dead, up to the date of their death;”; (p) in subparagraph (i) of the definition “war service” by deleting the words “or of a First World War Contingent”, “of the First World War or” and “, as the case may be”; and (q) by deleting the definition “wife”. Amends section 11 4 (1) Paragraphs (a) and (b) of section 11 of the principal Act are deleted and paragraphs (c) and (d) are re-lettered as paragraphs (a) and (b) respectively. (2) Section 11 of the principal Act is renumbered as subsection 11(1) and the following is added as subsection 11(2)— 3 PENSIONS AND GRATUITIES (WAR SERVICE) AMENDMENT ACT 2 0 0 7 “(2) Notwithstanding subsection (1), where a person referred to in paragraph (1)(a) or (b), who was disabled as a result of war service during the Second World War, is not receiving a disablement pension under any of the provisions mentioned in those paragraphs, or where the pension being received is, in the opinion of the Commissioners, inadequate, the Commissioners may award and pay a pension to that person.”. Repeals and replaces section 12 5 Section 12 of the principal Act is repealed and replaced by the following— “Amount of disablement pension 12 Subject to this Act, the amount to be paid in respect of a pension awarded under section 11 is the amount fixed by the Minister by order under section 16A.”. Amends section 13 6 (1) Paragraphs (a) and (b) of section 13 of the principal Act are deleted and paragraphs (c) and (d) are re-lettered as paragraphs (a) and (b) respectively. (2) Section of the principal Act 13 is renumbered as subsection 13(1) and the following is added as subsection 13(2)— “(2) Notwithstanding subsection (1), where a person referred to in paragraph (1)(a) or (b) is not receiving a pension in respect of death under any of the provisions mentioned in those paragraphs, or where the pension being received is, in the opinion of the Commissioners, inadequate, the Commissioners may award and pay a pension to that person.”. Repeals and replaces section 14 7 Section 14 of the principal Act is repealed and replaced by the following — “Amount of pension in respect of death 14 Subject to this Act, the amount to be paid in respect of a pension awarded under section 13 is the amount fixed by the Minister by order under section 16A.”. Repeals section 15 8 Section 15 of the principal Act is repealed. 4 PENSIONS AND GRATUITIES (WAR SERVICE) AMENDMENT ACT 2 0 0 7 Repeals section 16 9 Section 16 of the principal Act is repealed. Amends section 16A 10 Section 16A of the principal Act is amended by— (a) deleting subsections (1) and (2) and substituting the following— “Review and fixing of pension amounts 16A (1) The Commissioners shall, as soon as may be after 1 April 1976 and every second year thereafter, review the amounts to be paid in respect of pensions under sections 11 and 13 and shall report their recommendations to the Minister. (2) The Minister may, upon completion of a review under subsection (1) or at such other time as the Minister may determine, fix by an order under this section the amounts to be paid in respect of pensions under sections 11 and 13.”. (b) inserting after subsection (3) the following — “(4) An order under this section may be made with retroactive effect, including with effect from April 1, 2007.”. Amends section 17 11 Section 17 of the principal Act is amended — (a) in subsection (1)(a) by deleting the words “, or of a First World War Contingent,”; (b) in subsection (1)(b)(i) by deleting the words “or of a First World War Contingent” and the words “the First World War or”; (c) in subsection (3) by deleting the words “or of a First World War Contingent” wherever they occur; (d) in subsection (5) by deleting the first long dash, paragraph (a) and the words “(b)” and by re-lettering subparagraphs (b)(i) and (ii) as paragraphs (a) and (b) respectively; and (e) in subsection (6) by deleting the words “in any one year”. 5 PENSIONS AND GRATUITIES (WAR SERVICE) AMENDMENT ACT 2 0 0 7 Amends section 20 12 Section 20(5) of the principal Act is amended by deleting the words “or of a First World War Contingent”. Amends section 21 13 Section 21(1) of the principal Act is amended by deleting all the words from “: Provided” to the end of the subsection and substituting a full stop. Amends section 22 14 Section 22 of the principal Act is amended— (a) in subsection (2)(a) by inserting after the word “widow” the words “or widower”; and (b) by repealing subsection (4). Repeals section 27 15 Section 27 of the principal Act is repealed. Amends section 28 16 Section 28(1) of the principal Act is amended— (a) in paragraph (a) by— (i) deleting subparagraph (i), (ii) deleting the words “the First World War or” in subparagraph (ii) and renumbering subparagraph (ii) as subparagraph (i); and (iii) renumbering subparagraph (iii) as subparagraph (ii); and (b) in subparagraph (b)(ii) by adding after the words “surgical treatment” the words “or palliative or hospice care”. Amends section 29 17 Section 29 of the principal Act is amended by— (a) inserting after the word “widow” the words “or widower”; and (b) deleting the word “wife” and substituting the word “spouse”. 6 PENSIONS AND GRATUITIES (WAR SERVICE) AMENDMENT ACT 2 0 0 7 Amends section 31 18 Section 31(1) of the principal Act is amended by deleting the words “the First World War or”, and by deleting all the words from “: Provided” to the end of the subsection and substituting a full stop.
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