1988 Ed.]

Pension Benefits (Judicial Officers) Regulations

[CAP. 401

A 5

[Subsidiary]

(b) where any service in a civil capacity otherwise than in a pensionable or established office is taken into account as pensionable service, the officer's aggregate pensionable emoluments during that service shall be taken into account to the same extent as that service is taken into account as pensionable service.

Pension where other service not within the Group

9. (1) Where the other public service of an officer to whom this Part applies has not included service under a Scheduled Government, and his aggregate service would have qualified him, had it been wholly under the Government, for a pension under the Ordinance he may, on his retirement from the public service in the circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on a pension or gratuity, be granted in respect of his service under the Government a pension at the rate of 1/675 of his highest pensionable emoluments for each month of his pensionable service under the Government.

(2) Where the officer is not in the service under the Government at the time of his retirement, his pensionable emoluments for the purposes of sub-regulation (1) shall be those which would have been taken for the purpose of computing his pension if he had retired from the public service and had been granted a pension at the date of his last transfer from service under the Government.

Pension when other service both within and not within the Group

10. Where a part only of the other public service of an officer to whom this Part applies has been under one or more Scheduled Governments, regulation 8 applies; but in calculating the amount of pension regard shall be had only to service in the Group.

Rate of short service gratuity

11. The rate of short service gratuity granted to an officer under section 36 to whom this Part applies and who retires from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity shall be an amount not exceeding 7 times the annual amount of the pension which, if there had been no requirement for a period of qualifying service, would have been granted to him under regulation 8, 9 or 10, as the case may be.

Computation of deferred pension for service within the Group

12. A deferred pension granted to an officer in respect of service within the Group shall be computed in accordance with regulation 8 or 10, as the case may be.

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