1988 Ed.]
Pensions
[CAP. 89
9
Provided that--
(a) the Governor may approve any such officer's continued service after attaining such age;
(b) a female who held an established office on 1 April 1957 may elect to retire on attaining the age of 50 years by giving to the Governor notice in writing of such election on or before attaining the age of 49 years and such election shall be irrevocable. (Replaced 34 of 1970 s. 4. Amended 2 of 1976 s. 5; 36 of 1987 s. 36)
(2)-(3) (Repealed 36 of 1987 s. 36)
Maximum pension
9. (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) granted to an officer under this Ordinance 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 under the Government,
whichever is the greater. (Replaced 36 of 1987 s. 36)
(2) An officer who shall have been granted a pension in respect of other public service shall not at any time draw from the general revenue an amount of pension which, when added to the amount of any pension or pensions drawn in respect of other public service, exceeds two-thirds of the highest pensionable emoluments enjoyed or drawn by him at any time in the course of his public service: (Amended 26 of 1982 s. 4; w.e.f. 30.5.80; 36 of 1987 s. 36)
Provided that where an officer receives in respect of some period of public service both a gratuity and a pension, the amount of such pension shall be deemed for the purpose of this subsection to be---
(a) where the right to commute any part of a pension in return for payment of a gratuity has been exercised, the amount if that right had not been exercised; or
(b) in all other cases, four-thirds of its actual amount. (Amended 13 of 1962 s. 4)
(3) Where the limitation prescribed by subsection (2) operates, the amount of the pensions to be drawn from the general revenue shall be subject to the approval of the Governor and determined with due regard to the amount of any pension or pensions to be drawn in respect of other public service. (Amended 36 of 1987 s. 36)
(4) An additional pension granted to an officer under regulation 31 of the Pensions Regulations (Cap. 89, sub. leg.) in respect of injury shall not be taken into account for the purpose of subsections (1), (2) and (3); 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 the 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-
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