A 8
[Subsidiary]
Emoluments to be taken for computing pension benefits.
CAP. 99]
Pension Benefits Regulations
[1987 Ed.
held any other substantive office and have been on leave from any public service;
(vi) save where in any particular case the Governor otherwise directs, this regulation shall not apply where the office in the public service last held by the officer prior to his military service was not an established office;
(vii) this regulation shall not apply to an officer who has received a pension or gratuity during a period of his military service in respect of public service prior to joining the military service.
16. (1) Subject to this regulation, for computing the amount of the pension benefits of an officer, the highest pensionable emoluments enjoyed or drawn by him in the course of his public service shall be taken into account:
Provided that if, by reason of any order made in any disciplinary proceedings 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, there shall be taken such pensionable emoluments.
(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 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 such service.
(4) Notwithstanding paragraph (1), any increase in the pensionable emoluments of any 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 paragraph (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 11(1)(d), (g) or (h) of the Ordinance; or
(c) the Governor in any case otherwise directs.
(5) In the case of a serving officer who has further opted under section 8(3) of the Ordinance that 100 per cent of his substantive salary, special allowance and expatriation pay shall be taken as pensionable emoluments under the Ordinance—