14
CAP. 401] Pension Benefits (Judicial Officers)
[1988 Ed.
1988 Ed.]
Pension Benefits (Judicial Officers)
[CAP. 401
15
(b) "child" (without prejudice to the definition of “child” in section 2)
means..
(i) a child of a female officer and, in the case of a child of a male officer, a child born by a woman who at the time of the birth was the wife or widow of the officer; or
(ii) a child who was wholly or mainly dependent on the deceased officer for support, and who had been adopted by the officer before the date of the injuries which resulted in the death of the officer.
(8) An officer who dies as a result of injuries received while travelling by any means in pursuance of official instructions or in the course of his duties shall be deemed for the purposes of subsection (1) to have died in the circumstances described in that subsection.
(9) This section does not apply in the case of the death of an officer if his dependants, as defined in section 3 of the Employees' Compensation Ordinance (Cap. 282) or section 2 of the Pneumoconiosis (Compensation) Ordinance (Cap. 360), are entitled to and have received compensation under either of those Ordinances in respect of that death.
Death gratuity
21. (1) Where an officer
(a) who has completed not less than 2 years' qualifying service, dies other
than as specified in paragraph (b); or
(b) irrespective of the length of the period of his qualifying service, dies as
a result of injuries received-
(i) in the actual discharge of his duty;
(ii) without his own default; and
(iii) on account of circumstances specifically attributable to the nature of his duty,
while in service under the Government, there shall be paid a death gratuity of an amount calculated in accordance with subsection (2).
(2) A death gratuity payable under subsection (1) in respect of the death of an officer shall be an amount not exceeding the greater of
(a) his annual pensionable emoluments; or
(b) the commuted pension gratuity which he would have received had he retired at the date of his death and exercised an option for reduction of his pension by 50% under section 26(1).
(3) In computing a commuted pension gratuity for the purposes of subsection (2), the officer's service shall be deemed to include any period of untaken vacation leave for which an ex gratia payment corresponding to the salary for that period has been granted.
(4) Where a pensioner, other than a person referred to in subsection (5), dies after retirement from service under the Government, there shall be paid a death gratuity of an amount equal to the greater of
(a) his annual pensionable emoluments; or
(b) the commuted pension gratuity which he would have received had he exercised an option on his retirement for reduction of his pension by 50% under section 26(1),
less any pension benefits already paid or payable to him but excluding any additional pension granted under section 15(1).
(5) Where an officer, who has been granted a deferred pension
(a) dies before a deferred pension is paid to him, there shall be paid a death gratuity of an amount not exceeding the maximum commuted pension gratuity which he would have received had he retired at the date of his retirement under section 7(1)(e) or (ƒ), or his resignation under section 7(1)(j), as the case may be, and exercised an option for reduction of his pension by 50% under section 26(1), plus any authorized increase; or
(b) dies after a deferred pension is paid to him, there shall be paid a death gratuity of an amount equal to the maximum commuted pension gratuity which he would have received had he exercised an option for reduction of his pension by 50% under section 26(1) plus any authorized increase on it up to the time when the deferred pension was paid to him for the first time, less any pension benefits already paid or payable to him and any authorized increase on it up to the time when the deferred pension was paid to him for the first time. but excluding any additional pension granted under section 15(1). (6) Subject to subsections (7) and (8), in the case of an officer, other than an officer referred to in subsection (5), who dies in the circumstances described
in subsection (1) and whose period of qualifying service is -
(a) not less than 5 nor more than 22 years; or
(b) more than 221 years but whose pensionable service is less than 22)
years,
the pensionable service which may be taken into account for the computation of death gratuity shall be calculated by deeming his pensionable service to be the lesser of
(i) twice the period of pensionable service, including any deemed increase under section 25, that would have been taken into account for the computation of his pension benefits had he retired on the day he died (subject to a maximum of 221 years); or
(ii) the period of pensionable service, including any deemed increase under section 25, that would have been taken into account for the computation of his pension benefits had he retired on reaching the normal retirement age.
(7) Subsection (6) shall apply in the case of an officer who is eligible for, or is granted, a pension, and who is re-appointed to service under the Govern- ment, irrespective of the length of qualifying service completed during the re-appointment.
(8) In the case of an officer to whom subsection (7) applies, the deemed increase of pensionable service under subsection (6) in respect of the final period of service of the officer shall not exceed the lesser of