Senate Passes Bill to Validate Approval for Early Retirement of JCF Members

Members of the Senate today (January 21) approved the Pensions (Jamaica Constabulary Force) (Validation and Indemnity) Act, 2021.

The Bill seeks to validate the approval granted by the Governor-General for early retirement for members of the Jamaica Constabulary Force (JCF) during the period February 13, 2019 to August 13, 2019.

It also covers actions taken by all persons who facilitated the approval process consequent on the repeal of Section 56 (1) (a) (1) and subsection (iii) of the Jamaica Constabulary Force Act relating to retirement and pension.

The Bill was piloted by Minister without Portfolio in the Ministry of Economic Growth and Job Creation, Senator the Hon. Matthew Samuda.

The Minister pointed out that the legislation affects 23 officers who retired during the period.

He informed that prior to April 1, 2018, a number of officers from the JCF applied for early retirement, having met the eligibility criteria of either attaining the age of 50 years or having completed 30 years in the JCF, in keeping with Section 56 of the Jamaica Constabulary Force Act, which is now repealed but was in effect at the time of their application.

He said on April 1, 2018, the Pensions (Public Service) Act, 2017, which governs the grant and award of retiring benefits to members of the Government of Jamaica Pension arrangement, including members of the JCF, came into effect.

“The new legislation introduced several changes to the eligibility requirements for retirement, and those changes had adverse implications for the members of the JCF who had previously applied for early retirement and were granted approval,” the Minister noted.

“Section 23 (1) (c) of the new legislation – the Pensions (Public Service) Act, 2017 – now required that officers may be granted early retirement subject to the approval of the Governor-General, on or after attaining the age of 50 years after completing no less than 30 years of service,” he added.

He said the amended provisions now make some of the previously eligible applicants (at the time of application), now ineligible for early retirement.

“In order to give effect to the approvals granted by the Governor-General, the matter was referred to the Legislation Committee for the drafting of legislation to be considered, which would in effect validate that approval and give lawful effect to the approval for the officers to retire during the period February 13, 2019 to August 13, 2019 and to indemnify all persons acting on behalf of the Government from liability in relation thereto,” the Minister explained.