Social Security Act (Cap. 318), article 53

53. (1) The full rate of the Two-Thirds Pension mentioned under article 52 shall be two-thirds of the pensionable incomes of the insured person who has paid o r been credited with a yearly average of fifty contributions over a period - (i) of thirty years in the case of a person born on or before the 31st December 1951; or (ii) of thirty five years in the case of a person born during calendar years 1952 to 1961; or (iii) of forty years in the case of a person born during calendar years 1962 to 1968; or (iv) of forty-one years in the case of a person born on or after the 1st January 1969; (v) of forty-two years in the case of a person born on or after the 1st January 1976; ( v i ) i n t h e c a s e o f a p e r s o n w h o i s e n t i t l e d t o a pension under article 26, for such other smaller number of years, or (vii) in awarding a Survivor ’s pension in accordance 64 CAP. 318.] SOCIAL SECURITY with the proviso to article 34, for such other smaller number of years as may correspond to the number of years since the eighteenth birthday of the deceased spouse and the date of his death, as corresponds to the number of years from the 1st day of Janua ry, 1956, or if the person so elects, from the 1st day of January, 1965, up to the end of the contributio n year immediately preceding hi s retirement: Provided that - (a) in the case of a person born on or before the 31st December 1961 the period of years to be taken into account in accordance with t his article shall include the last ten consecutive years ending on the last day of the contribution year i mmediately preceding his retirement; and (b) save as provided for in paragraph ( d) of this proviso, no account shall be taken of contributions credited under article 16 while the person was entitled to a pension under article 26; and (c) in the case of a self-employed person who has paid less than 156 contributions after the 21st day of January, 1979, where the Director is satisfied that such lack of contributions was due to circumstances beyond the control of the self-empl oyed person concerned, the said proportion of two- thirds shall be substituted by such other proportion as the number of contributions paid after the 21st day of January, 1979, bears to 234; otherwise, such self-employed person shall not be entitled to a Two-Thirds Pension under this article but shall instead be entitled to a pension as is payable under and in accordance with the other provisions of this Part; and (d) with effect from the 1st January, 1987, where a person was, at any time, entitled to a pension under article 26, and thereafter ceased to be entitled to such pension as a result of his becoming gainfully occupied, any contributions credited under article 16 while he was entitled to such pension shall, for the purposes of assessing his right to a Two-Thirds Pension under this Act, be taken into account notwithstanding the provisions of paragraph ( b) of this proviso; sohowever that, any such number of such credited contributions as is taken into account shal l not exceed the number of contributions paid by him between the date of his cessation of entitlement to such pension and the date of his retirement: Provided further that, where a person had paid contributions after the 21st January 1979 and was at any time thereafter enti tled to a pension under article 26, with effect from the 4th January , 1992, any contributions credited under article 16 after the 21s t SOCIAL SECURITY [CAP. 318. 65 January 1979 while he was entitl ed to such pension shall, for t he purposes of assessing his right to a Two-Thirds Pension under t his Act, be taken into account notwith standing the fact that therea fter he never ceased to be entitled to such pension as aforesaid in the foregoing proviso of this paragraph; sohowever that, any such number of such credited contributions after the 21st January, 1 979 as is taken into account shall not exceed the number of contributions paid by him after the 21st January, 1979. (2) The provisions of sub-article (1) (other than the provisions of paragraph (d) of the first proviso thereto and the provisions of the second proviso thereto and a ny references to the said parag raph (d) in paragraph ( b) of the said first proviso) shall have effect as from the 22nd day of January, 1979. (3) For the purposes of this article, in the case of a person bo rn on or before the 31st December 1961 and with effect from the 22 nd January 1979, in arriving at the yearly average of contribution s referred to in sub-arti cle (1), the yearly a verage of the contr ibutions as is related to the last ten consecutive years referred to in paragraph ( a) of the proviso to the aforesaid sub-article (1) and the yearly average of the contributions as is related to the years immediately prior to the said last ten consecutive years shall be assessed separately and the mean of these two yearly averages s hall constitute the yearly average of contributions that is required under this Act for the purpose of awarding a Two-Thirds Pension. (4) For the purposes of this article, in the case of a person bo rn between the 1st January 1962 and the 31st December 1968, in arriving at the yearly average of contributions in terms of sub - article (1), the yearly average of contributions required under this Act for the purposes of awarding a Two Thirds Pension shall be assessed on any period of forty years between the first day of his contribution year in which he reaches the age of eighteen and t he last day of his last complete co ntribution year before the begi nning of his benefit year which includ es the day on which the conditi ons are required to be satisfied. (5) In the case of a person born b etween the 1st January 1969 an d the 31 st December 1975, for the purpose of calculating the yearly average of contributions in terms of sub-article (1), the yearl y average of contributions required in acco rdance with this Act for the p urposes of awarding a Two Thirds Pension shall be assessed on any perio d of forty-one years between the first day of his contribution year in which he reaches the age of eighteen and the last day of his last com plete contribution year before the beginning of his benefit year whic h includes the day on which the c onditions are required to be sat isfied. (6) In the case of a person born on or after the 1st January 197 6, for the purpose of cal culating the yearly average of contributi ons in terms of sub-article (1), the yea rly average of contributions r equired in accordance with this Act for the purposes of awarding a Two Thi rds Pension shall be assessed on any period of forty-two years betw een the first day of his contribution year in which he reaches the age of eighteen and the last day of his last complete contribution yea r before the beginning of his benefit year which includes the day on whi ch the 66 CAP. 318.] SOCIAL SECURITY conditions are required to be satisfied. Minimum and maximum rates of the Two-Thirds Pension. Amended by: XVI. 1990. 26; XIII.1991.30; VIII.1992.20. Re-numbered by: XXIV . 1993.2. Amended by: XXIV .1993.7; XXV .1994.10; XXVII.1995.5. Substituted by: XXI.1996.22. Amended by: XIX. 2006.12.