1988 Ed.]

Pension Benefits (Judicial Officers)

[CAP. 401

7

(g) for an officer other than a judge of the Supreme Court or District Court, on his compulsory retirement for the purpose of facilitating improvement in the organization of the judiciary, by which greater efficiency or economy may be effected, and after completion of qualifying service of not less than 2 years;

(h) on his retirement on medical evidence that satisfies the Governor that the officer is incapable by reason of an infirmity of mind or body of discharging the duties of his office and that the infirmity is likely to be permanent;

(i) on his retirement in accordance with a compensation scheme, whether or not he has completed qualifying service of not less than the relevant period specified in paragraph (a);

(j) subject to section 29(2), on his resignation from the judiciary, with the approval of the Chief Justice, after completion of qualifying service of not less than 10 years; or

(k) on his retirement on or after attaining the maximum pension specified in section 22.

(2) Unless otherwise directed by the Governor, a pension granted to an officer to whom subsection (1)(e), (f) or (j) applies shall be a deferred pension.

(3) Retirement under subsection (1)(a), (b) or (k), or resignation under subsection (1)(j), shall take place after the officer has served a period of service, which may be specified by the Chief Justice, after the officer has notified the Chief Justice of his intention to retire or resign.

Time of pension payments

8.

(1) Subject to section 28, commencement of pension payments to an officer shall

(a) in case he is an officer to whom section 7(1)(e), (f) or (j) applies-

(i) where he is an officer appointed before 1 July 1987, be deferred until he attains the age of 55 years; or

(ii) where he is an officer appointed on or after 1 July 1987, be deferred until he attains the age of 60 years,

or, where the Governor so directs, be deferred until a date earlier than referred to in subparagraph (i) or (ii), as specified in the direction;

(b) where the pension is granted under a compensation scheme, be on the retirement of the officer under section 7(1)(i) as prescribed in the compensation scheme; and

(c) in any other case, be as soon as possible after the retirement of the officer.

(2) A pension shall be paid monthly or less frequently if so requested by the recipient.

Application regarding previous pensionable service

9. (1) In subsections (2) to (9), "officer" means an officer who is subject to the Pensions Ordinance (Cap. 89).

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