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CAP. 89]
Pensions
[1988 Ed.
(a) in case any pension and gratuity are already paid to him
(i) his annual pensionable emoluments; or
(ii) the commuted pension gratuity which he would have received on retirement had he opted for reduction of his pension by 25% under regulation 23 of the Pensions Regulations,
whichever is the greater, less the pension and gratuity already so paid, but excluding any additional pension granted under regulation 31 of the Pensions Regulations,
(b) in case neither a pension nor a gratuity is so paid---
(i) his annual pensionable emoluments; or
(ii) the commuted pension gratuity which he would have received on retirement had he opted for the maximum reduction of his pension under the said regulation 23, plus any increase which would have fallen to be paid had section 4(2) of the Pensions (Increase) Ordinance (Cap. 305) applied to the gratuity as it applies to a commuted pension gratuity within the meaning of the Pension Benefits Ordinance (Cap. 99),
whichever is the greater.
(4) Subject to subsection (5), in the case of an officer who dies and 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 pensionable service is less than 20 years,
the pensionable service which may be taken into account for the computation of death gratuity may be supplemented by deeming his pensionable service to be----- (i) twice the actual period of his pensionable service (subject to a
maximum of 20 years); or
(ii) the period of pensionable service that he would have completed if he
had served until attaining his retirement age,
whichever is the lesser.
(5) In the case of an officer who is re-appointed to service under the Government, the deemed increase of pensionable service under subsection (4) in respect of the final period of service of the officer may not exceed--
(a) the deemed increase of pensionable service for which the officer would have been eligible under subsection (4) had his total period of service been continuous; or
(b) the actual period of his service after his re-appointment,
whichever is the lesser, and any officer who has been granted a deemed increase of pensionable service under subsection (4) in respect of his previous period of service shall only be eligible for a further deemed increase of pensionable service for any subsequent period of service to the extent that the total deemed increase of pensionable service does not exceed the maximum deemed increase of pensionable service specified in subsection (4).
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