Maximum pension.
(Cap. 89.)
(Cap. 89, sub. leg.)
18
(9) In respect of an officer who has more than one period of contin ous service, there shall be paid a death gratuity in respect of each period on continuous service under this section; but the total sum of the death gratuities payable in respect of more than one period of continuous service shall not exceed the sum of the death gratuity that would have been payable had the officer's whole period of service been continuous and had his highest pensionable emoluments or notional highest pensionable emolu- ments, whichever is the greater, been taken for the calculation of the death gratuity, less any pension benefits already paid or payable to him but excluding any additional pension granted under section 15(1).
(10) Every death gratuity shall be paid as soon as possible after the death of the officer or pensioner to
(a) his legal personal representative and shall form part of the estate of the officer or pensioner for the purposes of distribution but no estate duty shall be payable in respect of the death gratuity and its addition to the principal value of the estate shall not be taken into consideration for the purpose of increasing the rate at which estate duty on the remainder of the estate may be payable; or
(b) where the death gratuity does not exceed such amount as may be determined by the Governor, a person named by the Governor to be the recipient.
(11) This section shall not apply in the case of a death of an officer or pensioner where benefits corresponding to a death gratuity are paid or payable under the Oversea Superannuation Scheme in respect of the death.
21. (1) Except in cases referred to in subsection (2), a pension (or in the case of more than one pension, the total of the pensions, including any pension or pensions granted under the Pensions Ordinance) granted to an officer shall not exceed two-thirds of-
(a) the highest pensionable emoluments enjoyed or drawn by him; or
(b) the notional highest pensionable emoluments deemed to have been
enjoyed or drawn by him in the course of his service,
whichever is the greater.
(2) An additional pension granted to an officer under section 15(1), or any additional pension granted to him under regulation 31 of the Pensions Regulations, in respect of injury shall not be taken into account for the purpose of subsection (1) of this section; but, where the officer is granted any such additional pension, the amount thereof together with any authorized increase on the additional pension from the date of injury to the date when the additional pension is paid for the first time, and any other pension or pensions granted to him shall not exceed five-sixths of
(a) the highest pensionable emoluments enjoyed or drawn by him; or
(b) the notional highest pensionable emoluments deemed to have been
enjoyed or drawn by him in the course of his service,
whichever is the greater.