Part III of the Parliament (Privileges, Immunities and Powers) Act (Cap. 217) is amended by inserting, immediately after section 11, the following section:“Gratuity upon death or incapacity of Member11A.—
(1) Where at any time after 20th May 2011 —
(a) a Member dies while serving as a Member; or
(b) a Member, having opted under section 7 of the Parliamentary Pensions Act (Cap. 219) to receive a full pension without any gratuity, dies within one year of his pension taking effect,there may be paid to such of his dependants as the President may think fit or, if there are no dependants, to his legal personal representatives a gratuity in accordance with this section (referred to in this section as the death gratuity).(2) In the case of a pensionable Member who has 9 or more years of reckonable service as a Member, the death gratuity shall be an amount as follows:
(a) if he never held any office, or if he had previously held office but was not holding any office at the time of his death and has less than 8 years’ reckonable service as an office-holding Member (whether continuously or not) — an amount equal to one of the following sums, whichever is the higher:
(i) the annual equivalent of the monthly rate of salary received by him as a Member immediately before his death; or
(ii) the Member’s commuted sum in respect of his reckonable service as a Member;
(b) if he is holding office at the time of his death and has 8 or more years’ reckonable service as an office‑holding Member (whether continuously or not) — an amount that is the balance after deducting any sums already received by him by way of pension or gratuity under the Parliamentary Pensions Act during his lifetime from one of the following sums, whichever is the higher:
(i) the total amount by adding the annual equivalent of the monthly rate of salary received by him as a Member immediately before his death and the annual equivalent of the monthly rate of salary received by the Member as a holder of that office immediately before his death; or
(ii) the aggregate of the Member’s commuted sum and office-holder’s commuted sum in respect of his reckonable service as a Member and as a holder of any office, respectively;
(c) if he is holding office at the time of his death but has less than 8 years’ reckonable service as an office‑holding Member (whether continuously or not) — an amount equal to one of the following sums, whichever is the higher:
(i) the total amount by adding the annual equivalent of the monthly rate of salary received by him as a Member immediately before his death and the annual equivalent of the monthly rate of salary received by the Member as a holder of that office immediately before his death; or
(ii) the Member’s commuted sum in respect of his reckonable service as a Member; and
(d) if he had previously held office but was not holding any office at the time of his death and has 8 or more years’ reckonable service as an office-holding Member (whether continuously or not) — an amount that is the balance after deducting any sums already received by him by way of pension or gratuity under the Parliamentary Pensions Act during his lifetime from one of the following sums, whichever is the higher:
(i) the annual equivalent of the monthly rate of salary received by him as a Member immediately before his death; or
(ii) the aggregate of the Member’s commuted sum and office-holder’s commuted sum in respect of his reckonable service as a Member and as a holder of any office, respectively.(3) In the case of a non-pensionable Member, the death gratuity shall be an amount as follows:
(a) if he has never held any office — an amount equal to the annual equivalent of the monthly rate of salary received by him as a Member immediately before his death;
(b) if he holds an office at the time of his death and has 8 or more years’ reckonable service as an office-holding Member (whether continuously or not) — an amount that is the balance after deducting any sums already received by him by way of pension or gratuity under the Parliamentary Pensions Act during his lifetime from one of the following sums, whichever is the higher:
(i) the annual equivalent of the monthly rate of salary received by the Member as a holder of that office immediately before his death; or
(ii) the office-holder’s commuted sum in respect of his reckonable service as a holder of any office;
(c) if he holds an office at the time of his death but has less than 8 years’ reckonable service as an office-holding Member (whether continuously or not) — an amount equal to the annual equivalent of the monthly rate of salary received by the Member as a holder of that office immediately before his death;
(d) if he had previously held office but was not holding any office at the time of his death and has 8 or more years’ reckonable service as an office-holding Member (whether continuously or not) — an amount that is the balance after deducting any sums already received by him by way of pension or gratuity under the Parliamentary Pensions Act during his lifetime from one of the following sums, whichever is the higher:
(i) the annual equivalent of the monthly rate of salary received by him as a Member immediately before his death; or
(ii) the office-holder’s commuted sum in respect of his reckonable service as a holder of any office; and
(e) if he had previously held office but was not holding any office at the time of his death and has less than 8 years’ reckonable service as an office-holding Member (whether continuously or not) — an amount equal to the annual equivalent of the monthly rate of salary received by him as a Member immediately before his death.(4) There shall be charged on and paid out of the Pension Fund established by the Pension Fund Act (Cap. 224A) all sums of money payable by way of death gratuity in accordance with this section.(5) Any death gratuity granted under this section shall not be assignable or transferable except for the purpose of satisfying a debt due to the Government or an order of any court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child (whether legitimate or not) of the person to whom the death gratuity has been granted, and shall not be liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatever except a debt due to the Government.(6) In this section —
(7) The President may, by order published in the Gazette, vary the commutation factor referred to in subsection (6).(8) For the avoidance of doubt, no person shall have an absolute right to any death gratuity under this section.”.