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CHILD CARE AND PROTECTION
Entitlement to
2 . 4 1 ) Where a person holding the office of Children's Advocate retires
pensionsand
in pensionable circumstances he shall, subject to the provisions of this
gratuities in
respect
of
Appendix, be paid pension and gratuity in accordance with this Act in lieu of
serviceas
any pension, allowance or gratuity for which he may have been eligible or
Children's
which he may have been granted pursuant to the Pensions Act or the
Advocate.
Judiciary Act.
n
(2)
A person entitled to pension or gratuity pursuant to sub-paragraph
L
(1) or who is eligible for a grant of pension or gratuity pursuant to sub-
paragraph
(5)
may, by memorandum in writing to the Governor-General,
elect to forego his entitlement under this Act and be granted instead-
(a)
if
he is, otherwise than under this Appendix, eligible for pension
pursuant to section
5
of the Judiciary Act, such award as would be
payable under that Act if the office of the Children's Advocate
were an office to which that Act applied; or
(b) in any other case, such award under the Pensions Act as would be
payable under that Act if the office of the Children's Advocate
were a pensionable office under that Act.
i-
(3)
For the purposes of this paragraph and paragraph
3,
a person
retires in pensionable circun~stances if-
(a) he retires-
(i) on or after attaining the age of sixty-five years; or
(ii) by reason of ill health prior to such attainment; or
(b)
he has a minimum of ten years service.
(4)
For the purposes of this Act, a person retires from the office of
Children's Advocate on the ground of ill health if-
(a)
he retires on medical evidence, to the satisfaction of the Govemor-
General, that he isincapable by reason of any infirmity of mind or
body of discharging the duties of his office and that such infirmity
is likely to be permanent; or
(b) he is removed from office, in accordance with paragraph 2(7) of
the First Schedule, for inability arising from infirmity of mind or
body, to perform the functions of his office.
(5)
A person who, pursuant to paragraph 2(7) of the First Schedule is
removed from the office of Children's Advocate for misbehaviour or for any
other cause other than inability arising from infirmity of mind or body or
who retired otherwise than in pensionable circumstances may, subject to sub-
paragraph
(2),
be granted by the Governor-General, in lieu of any pension,
allowance or gratuity for which he may have been eligible pursuant to the
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inclusion of this
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