benefits may be refused, the law regulating the circumstances in which any such
benefits that have been granted may be withheld, reduced in amount or suspended
and the law regulating the amount of any such benefits.
95.
Power of Commissions in relation to pensions
(1)
Where under any law any person or authority has a discretion (a)
to decide whether or not any pensions benefits shall be granted; or
(b)
to withhold, reduce in amount or suspend any such benefits that have been
granted,
those benefits shall be granted and may not be withheld, reduced in amount or
suspended unless the appropriate Commission concurs in the refusal to grant the
benefits or, as the case may be, in the decision to withhold them, reduce them in
amount or suspend them.
(2)
Where the amount of any pensions benefits that may be granted to any
person is not fixed by law, the amount of the benefits to be granted to him shall be
the greatest amount for which he is eligible unless the appropriate Commission
concurs in his being granted benefits of a smaller amount.
(3)
The appropriate Commission shall not concur under subsection (1) or
(2) in action taken on the ground that any person who holds or has held the office of
Electoral Commissioner, Director of Public Prosecutions, Judge of the Supreme
Court, Commissioner of Police, Ombudsman or Director of Audit has been guilty of
misbehaviour unless he has been removed from office by reason of such
misbehaviour.
(4)
In this section, 'the appropriate Commission' means -
(5)
(a)
in the case of benefits for which any person may be eligible in respect of the
service in the public service of a person who, immediately before he ceased
to be a public officer, was subject to the disciplinary control of the Judicial
and Legal Service Commission or that have been granted in respect of such
service, the Judicial and Legal Service Commission;
(b)
in the case of benefits for which any person may be eligible in respect of the
service in the public service of a person who immediately before he ceased
to be a public officer, was a member of a disciplined force, the Disciplined
Forces Service Commission; and
(c)
in any other case, the Public Service Commission.
Any person who is entitled to the payment of any pensions benefits and who is
ordinarily resident outside Mauritius, may, within, a, reasonable time after he has
received that payment, remit the whole of it (free from any deduction, charge or tax
made or levied in respect of its remission) to any country of his choice, outside
Mauritius: