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Law library · Sierra Leone · The Constitution of Sierra Leone, 1991

Section 161: Protection of pension rights.

In force, as amendedThe Constitution of Sierra Leone, 1991, Sierra Leone

(1) The law applicable to any benefits to which this section applies shall, in relation to any person who has beengranted, or who is eligible for the grant of such benefits, be that in force on the relevant date or any later law that is not less favourable to that person. (2) In this section "the relevant date" means— a. in relation to any benefits granted before the twenty-seventh day of April, 1961, the date of which those benefits were granted; b. in relation to any benefits granted on or after the twenty-seventh day of April, 1961, to or in respect of any person who was a public officer before that date, the twenty-sixth day of April, 1961; and c. in relation to any benefits granted or to be granted to or in respect of any person who becomes a public officer on or after the twenty-seventh day of April, 1961, the date on which he becomes a public officer. (3) Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this section, be deemed to be more favourable to him than the other law or laws. (4) Any benefits to which this section applies (not being a benefit that is a charge upon some other public fund of Sierra Leone) shall be a charge upon the Consolidated Fund or upon such other Special Fund, whether contributory or non-contributory, as Parliament may prescribe. (5) This section applies to any benefits payable under any law providing for the grant of pensions, gratuities or compensation to persons who are or have been public officers in respect of their service in the public service or to the widows, children, dependants or personal representatives of such persons in respect of such service. (6) References to the law applicable to any benefits to which this section applies includes (without prejudice to their generality) references to any law relating to the time at which and the manner in which any person may retire in order to become eligible for those benefits. (7) Notwithstanding any law or custom to the contrary, it shall be lawful for Parliament to enact that a personal shall not be entitled to a benefit under this section, unless he has contributed to a specified Fund created for the purpose. P ART IV — POWER AND PROCEDURE OF COMMISSIONS AND COUNCILS, AND LEGAL PROCEEDINGS Power of Commissions in relation to the grant of pensions.

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