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Amendment of section 9.
Amendment of section 17.
Amendment of
the Pensions
Regulations, (Cap. 89, sub. leg.)
Ord. No. 26/82
PENSIONS (AMENDMENT)
Governor may, when no gratuity is granted under section 17(2) or under regulation 29(6) of the Pensions Regulations, grant under this subsection to his legal personal representative, or, in the case the amount does not exceed $15,000, to such person as the Governor shall name as the recipient, a gratuity equal to the amount that would have been payable under section 17(1) or under regulation 29(1) of the Pensions Regulations, as the case may be, if the officer had died at the date of his retirement while serving under the Govern- ment, less the gratuity, if any, already paid to the officer under regulation 23 or 26(5) of the Pensions Regulations".
4. Section 9 of the principal Ordinance is amended—
(a) in subsections (1), (2) and (4) by inserting after "highest pension-
able emoluments" in each case the following--
"enjoyed or"; and
(b) by inserting after subsection (4) the following subsection-
"(5) For the purposes of subsections (1), (2) and (4), in determining the highest pensionable emoluments enjoyed by an officer in respect of a period of absence from duty on leave without salary, regard shall only be had to the pen- sionable emoluments that an officer would have enjoyed if he had been on duty on full pensionable emoluments where-- (i) the officer has since expiration of that period of absence, (taking the earliest period first if there is more than one) completed an equal period of service on duty or leave with salary (other than leave im- mediately preceding retirement); or
(ii) the officer retires in one of the cases referred to
section 6(c), (d) or (e); or
(iii) the Governor in any case so directs.".
5. Section 17 of the principal Ordinance is amended by deleting subsection (2A) and substituting the following-
“(2A) In the case of an officer whose period of qualifying service under the Government is-
(a) not less than 5 nor more than 20 years; or
(b) more than 20 years but whose period of pensionable service
is less than 20 years,
the commuted pension gratuity, if any, may be supplemented by deeming his pensionable service to be twice the actual period of his pensionable service (subject to a maximum of 20 years) or the period of pensionable service that he would have completed if he had served until attaining the age of 55 years, whichever is the lesser:
Provided that this subsection shall not apply in the case of a computation of a gratuity where the officer's pensionable service has already been deemed under regulation 19A to be twice his actual period of pensionable service or the period of pensionable service he would have completed if he had served until attaining the age of 55 years.".
6. The Pensions Regulations are amended---
(a) by revoking regulation 2;
(b) in regulation 4 by inserting at the end thereof after "pensionable
service" the following-
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PENSIONS (AMENDMENT)
Ord. No. 26/82
A135
and any incomplete month of pensionable service shall be taken to be that fraction of a complete month whereof the denominator is 30 and the numerator the number of days of pensionable service in that incomplete month, irrespective of the actual number of days in that month";
(c) in regulation 9(2) by deleting paragraph (a) and substituting the
following-
"(a) in the application of regulation 18-—
(i) where the officer is not serving under a Scheduled Government at the date of his retirement from the public service, subject to sub-sub-paragraph (ii) the highest pensionable emoluments enjoyed by him in the service of a Scheduled Government shall be taken;
(ii) If, by reason of any order made in any dis- ciplinary proceedings against the officer, the amount to be taken in accordance with the provisions of sub-sub- paragraph (i) exceeds the pensionable emoluments enjoyed by him at the date of his retirement or transfer, as the case may be, there shall be taken such pension- able emoluments;";
(d) in regulation 18-
(i) by deleting ", during his pensionable service" and sub- stituting the following-
"following service otherwise than on probation or trial, during his service in a pensionable office";
(ii) by deleting "actual" in each place it occurs in the proviso; (iii) by renumbering it as paragraph (1); and (iv) by inserting the following paragraph-
"(2) Notwithstanding paragraph (1) any increase in the pensionable emoluments of any office held by an officer due to a revision of salaries with effect from a date subsequent to the commencement of a period of his absence from duty on leave without salary shall be disregarded for the pur- poses of paragraph (1), unless--
(i) the officer has since the expiration of that period of absence and in respect of that period of absence, (taking the earliest period first if there is more than one) completed an equal period of service on duty or leave with salary (other than leave im- mediately preceding retirement); or
(ii) the officer retires in one of the cases referred to in
section 6(c), (d) or (e) of the Ordinance; or
(iii) the Governor in any case otherwise directs.";
(e) in regulation 19–
(i) in paragraph (2) by deleting and where it would be to an officer's advantage to make separate awards in respect of his service in a pensionable and non-pensionable office, such separate awards may be made";
(ii) in paragraph (7) by inserting after "female officer" the following-
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", other than a divorced or widowed female officer con- firmed in a pensionable office prior to 17 November 1972,";
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