by Linda Straker
- Eastern Caribbean Supreme Court (Judicial Officers Pensions) Bill, 2024 set to be approved in Upper House of Parliament on Friday, 27 December
- Legislation pertains to pension and gratuities to judicial officers under Eastern Caribbean Supreme Court, upon their retirement
- Clarice Modeste from The Opposition was present but did not contribute to debate
The Lower House of Parliament concluded the first step that will put Grenada in harmony with a law pertaining to the payment of pension and gratuities to judicial officers under the Organisation of Eastern Caribbean States (OECS) Supreme Court, the Eastern Caribbean Supreme Court (ECSC), upon their retirement.
Called the Eastern Caribbean Supreme Court (Judicial Officers Pensions) Bill, 2024, the next step is approval in the Upper House of Parliament which is scheduled to meet on Friday, 27 December 2024.
Phillip Telesford, Leader of Government Business in the House explained that the Act is following suit with the rest of the OECS so that Grenada will be in harmony with the rest of the region. “Judges serving in any one of the territories can actually serve knowing that their pension is guaranteed regardless of the jurisdiction in which they served,” he told the House when he presented the bill for debate and approval.
“This is very automatic, we have to comply as a nation to make this consistent throughout the region,” said Telesford. There was little debate in the House for the legislation because only Clarice Modeste of The Opposition was present, and she did not contribute to the debate.
Dennis Cornwall, Member for St Patrick East and Prime Minister Dickon Mitchell who is the Member for St David supported the bill.
Prime Minister said that the bill will affect judicial officers assigned to Grenada.“At best we have 5 High Court judges at any given time in Grenada,” he said.
The bill makes provision for the pensions and gratuities payable in respect of the service of judicial officers of the court and provides that all pensions and gratuities payable under the bill would be charged on and paid out of the Consolidated Fund.
The bill further explains that a judicial officer is required to retire on or after attaining the mandatory retirement age after giving the commission at least 12 months’ notice. Judicial officers retiring when the 2024 bill goes into effect will be at a different payable rate based on the years spent serving as a judicial officer.
In the case of the Chief Justice —
(i) if he or she has had continuous service as a judicial officer for a period of not less than 10 years, the pension is equal to the annual pensionable emoluments attached to the office of Chief Justice; or
(ii) if he or she has had continuous service as a judicial officer for a period of less than 10 years but not less than 5 years, the pension is computed on a pro-rated basis calculated by dividing the number of years of continuous service by 10 years and multiplying the result by the annual pensionable emoluments attached to the office of Chief Justice;
In the case of a Justice of Appeal —
(i) if he or she has had continuous service as a judicial officer for a period of not less than 12 years, the pension is equal to the annual pensionable emoluments attached to the office of Justice of Appeal; or
(ii) if he or she has had continuous service as a judicial officer for a period of less than 12 years but not less than 5 years, the pension is computed on a pro-rated basis calculated by dividing the number of years of continuous service by 12 years and multiplying the result by the annual pensionable emoluments attached to the office of Justice of Appeal;
And (c) in the case of a High Court Judge —
(i) if he or she has had continuous service as a judicial officer for a period of not less than 15 years, the pension is equal to the annual pensionable emoluments attached to the office of High Court Judge;
(ii) if he or she has had continuous service as a judicial officer for a period of less than 15 years but not less than 5 years, the pension is computed on a pro-rated basis calculated by dividing the number of years of continuous service by 15 years and multiplying the result by the annual pensionable emoluments attached to the office of High Court Judge
