Service
in a non- pensionable office.
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(c) in other cases one-third of the aggregate pensionable emoluments enjoyed by the officer in respect of his service during the three years of his service immediately preceding the date of his retirement shall be taken, or if his public service is less than three years, twelve times the average monthly pensionable emolu- ments in respect of such service shall be taken: Provided that-
(i) if such figure is less than the highest annual pensionable emoluments enjoyed by him at the date of any transfer within such period of three years those pensionable emoluments shall be taken; and
(ii) if such figure is less than the annual pension- able emoluments which would have been enjoyed by him at the date of his retirement, if he had continued to hold any office from which he has been transferred at any time during such period of three years, and had received all increments which, in the opinion of the Governor would have been granted to him, the annual pensionable emoluments which would have been so enjoyed shall be taken;
(iii) for the purpose of calculating pensionable emoluments under this paragraph, the officer shall be deemed to have been on duty on full pensionable emoluments throughout the said three years.
(2) In the application of paragraph (1) of this Regula- tion to an officer to whom the Pensions Ordinance, 1932, applied prior to the commencement of the Pensions Ordinance, 1949, and who retires before the first day of January, 1950, the provisions of the preceding paragraph of this Regulation shall be applied to the pensionable emoluments which such officer would have received in accordance with the interpretation given to the words "pension-> able emoluments" in the Pensions Ordinance, 1932, had he not become subject to a scale of pay operative in this Colony in consequence of the Salaries Revision, 1947, and had he received all the increments which in the opinion of the Governor would have been granted to him, if this shall be to such officer's advantage.
19. Only service in a pensionable office shall be taken into account as pensionable service: Provided that—
(1) Where a period of service in a civil capacity other- wise than in a pensionable office is immediately followed by service in a pensionable office and the officer is confirmed therein-
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(4) three quarters of such period may with the approval of the Governor in Council be so taken into account; or
(b) if prior to the 31st May, 1937, the officer was
in the service of this Colony and such period of service might have been taken into account as pensionable service either as a whole or less a third for any part of such period paid for out of an open vote, such period may as a whole or less such third, continue to be so taken into account, if this shall be to such officer's advantage;
and where it would be to an officer's advantage to make separate awards in respect of his service in a pensionable and non- pensionable office, such separate awards may be made.
(2) Any break in service which may be disregarded under the provisions of Regulation 15 of these Regulations may likewise be disregarded in determining for the purposes of the preceding proviso whether one period of service immediately follows another period of service.
(3) Where an officer has been transferred from a pensionable office in which he has been confirmed to a non-pensionable office and subsequently retires either from a pensionable office or a non-pensionable office, his service in the non-pensionable office may, with the approval of the Governor in Council, be taken into account as though it were service in the pensionable office which he held immediately prior to such transfer and at the pensionable emoluments which were payable to him at the date of transfer: except-
(u) where the officer so elects, his total service including service in the pensionable office, may be reckoned as though it were service in a non-pensionable office; and
(b) where a transfer from a pensionable to a non- pensionable office is made to provide continued employment for an officer who, on the ground of physical infirmity has become incapable of retaining his pensionable office, then the whole of his service shall be deemed to be service in a non-pensionable office unless, by his subsequent re-transfer to a pensionable office, his case is brought within the provisions of proviso (1) to this Regulation.
(4) Where a period of service in a non-pensionable office is so taken into account under this Regulation, the officer shall, during that period, be deemed for the purposes of Regulations 6,