CAP. 401]
Pension Benefits (Judicial Officers) Regulations
[1988 Ed.
[Subsidiary]
against an officer, the amount to be taken in accordance with the provisions of this regulation exceeds the pensionable emoluments enjoyed or drawn by him at the date of his retirement or resignation, as the case may be, those pensionable emoluments shall be taken into account.
(2) Where an officer has more than one period of continuous service the highest pensionable emoluments enjoyed or drawn by him in the course of any particular period of continuous service only shall be taken into account for computing the amount of the pension benefits for that period.
(3) Where an officer is serving on trial or on probation in an office immediately following public service other than on trial or on probation, the highest pensionable emoluments which the officer would have enjoyed or drawn in his substantive office shall be taken into account for computing the amount of the pension benefits in respect of that service.
(4) Notwithstanding subregulation (1), an increase in the pensionable emoluments of an office held by an officer due to a revision of salaries with effect from a date subsequent to the commencement of a period of his absence from duty on leave without salary shall be disregarded for the purposes of subregulation (1), unless-
(a) the officer has, since the expiration of that period of absence and in respect of that period of absence (taking the earliest period first if there is more than one), completed an equal period of service on duty or leave with salary (other than leave immediately preceding retirement);
(b) the officer retires in one of the cases referred to in section 7(1)(d), (g) or (h); or
(c) the Governor in any case otherwise directs.
(5) In the case of an officer whose application under section 9(7) is approved-
(a) the highest pensionable emoluments specified in section 23(b)(i) shall be taken into account for computing the pension benefits for the period of his service prior to the material date; and
(b) the highest pensionable emoluments specified in section 23(b)(ii) shall be taken into account for computing the pension benefits for the period of his service from the material date.
(6) For the purposes of subregulation (5), “material date" means a date to be determined in accordance with the terms of a Circular issued by the Chief Justice under this regulation.
Service which may be taken as pensionable service
17. (1) Subject to an approved application under section 9(2) or an option under section 10(1) and subject to these regulations, only service in an office the terms of appointment of which attract pension benefits shall be taken into account as pensionable service.