TNAG-2422-FCO40-3524-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1992 — Page 100

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CAP. 401]

Pension Benefits (Judicial Officers} Regulations

[1988 Ed.

[Subsidiary]

1988 Ed.]

Pension Benefits (Judicial Officers) Regulations

[CAP. 401

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[Subsidiary!

Pension for service wholly within the Group

8. (1) Where the other public service of an officer to whom this Part applies has been wholly under one or more Scheduled Governments, 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 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, be granted in respect of his service under the Government a pension of an amount that bears the same proportion to the amount of pension for which he would have been eligible had his service been wholly under the Government, as the aggregate amounts of his pensionable emoluments during his service under the Government bear to the aggregate amounts of his pensionable emoluments throughout his service in the Group.

(2) In determining for the purposes of this regulation the pension for which an officer would have been eligible if his service had been wholly under the Government-

(a) in the application of regulation 16--

(i) where the officer is not serving under a Scheduled Government at the date of his retirement from the public service, subject to subparagraph (ii), the highest pensionable emoluments enjoyed by him in the service of a Scheduled Government shall be taken into

account;

(ii) if, by reason of any order made in any disciplinary proceedings against the officer, the amount to be taken in accordance with subparagraph (i) exceeds the pensionable emoluments enjoyed or drawn by him in the service under the Government, or the pensionable emoluments enjoyed by him in the service under a Scheduled Govern- ment, as the case may be, at the date of his retirement or transfer, those pensionable emoluments shall be taken into account;

(h) no regard shall be had to any additional pension granted under sec-

tion 15 or 17;

(c) regard shall be had to section 22(1); and

(d) no period of other public service under a Scheduled Government in respect of which no pension or gratuity is grantable to him shall be taken into account.

(3) For the purposes of this regulation, the aggregate amount of an officer's pensionable emoluments shall be taken as the total amount of pension- able emoluments which he would have received or enjoyed had he been on duty on full pay in his substantive office or offices throughout his period of service in the Group subsequent to his attaining the age of 18 years except that

(a) in calculating the aggregate amount of his pensionable emoluments, no account shall be taken of any service under the Government or under a Scheduled Government in respect of which no pension or gratuity is granted to him by the Government or the Scheduled Government, as the case may be; and

(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 & 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 circum- stances 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.