A 6
CAP. 401]
Pension Benefits (Judicial Officers) Regulations
{1988 Ed.
[Subsidiary]
1988 Ed.]
Pension Benefits (Judicial Officers) Regulations
[CAP. 401
A 7
[Subsidiary]
PART IV
GENERAL
General rules as to qualifying service and pensionable service
13. (1) Subject to these regulations, qualifying service shall be the inclu- sive period between the date on which an officer begins to draw salary in respect of public service and the date of his leaving public service, without deduction of any period during which he has been absent on leave.
(2) Only service under the Government shall be taken into account as qualifying service in respect of an officer, other than an officer who is transferred to or from service under the Government from or to other public service.
(3) No period which is not qualifying service shall be taken into account as pensionable service.
(4) No period during which an officer was not in the public service shall be taken into account either as qualifying service or as pensionable service.
(5) Any period during which an officer, who is in the public service, is seconded to service which is not public service may, with the approval of the Governor, be counted as qualifying service and pensionable service.
Continuity of service
14. (1) Except as otherwise provided in these regulations, only continuous service shall be taken into account as qualifying service or as pensionable service.
(2) Where an officer has more than one period of pensionable service. every such period shall be taken into account separately for the purposes of computing pension benefits.
Military service to count for pension benefits
15. (1) Where an officer has served with Her Majesty's Forces in time of war and before so serving was employed in public service the following provisions apply-
(a) during the period of that service with Her Majesty's Forces, including any period after the termination of the war, (in this regulation referred to as military service), he shall be deemed for the purposes of the Ordinance and these regulations to have been on leave on full salary from the public service in which he was last employed, and to have held the substantive office last held by him in that service prior to his military service;
(b) during any period between his leaving public service for the purpose of serving with Her Majesty's Forces and the date of his commencing military service he shall, for the purposes of the Ordinance and these regulations, be deemed to be on leave without salary, not granted on
grounds of public policy, from the public service in which he was last employed and to have held the substantive office last held by him in that service prior to his military service; and during any period between the termination of his military service and the date of his re-entering the public service he shall, for those purposes, be deemed to be on leave from public service and to have held the substantive office in which he is re-employed.
(2) This regulation does not apply when either period mentioned in sub- regulation (1)(b) exceeds 3 months, or a longer period that the Governor may in any special case determine; or if the officer fails after his military service to re-enter the public service otherwise than in circumstances in which he would be permitted under the law applicable to the public service in which he is last employed prior to his military service to retire on pension or gratuity, those circumstances arising not later than the expiration of 3 months, or a longer period as may be determined by the Governor, after the termination of his military service.
(3) This regulation does not apply where an officer commenced his military service without the approval of the Governor of the territory in the service of which he was last employed before so serving.
(4) If during any period mentioned in subregulation (1)(a) the officer qualified for pension, or received emoluments in lieu of pension rights, in respect of his military service, subregulation (1)(a) shall, as respects that period, have effect as if the words "leave without salary, not granted on grounds of public policy," were substituted for the words “leave on full salary”.
(5) If during his military service the officer was injured or killed, he shall not for the purposes of any provision of the Ordinance and these regulations relating to injury or death awards, be deemed to have been injured or killed in the discharge of his duty.
(6) The provisions of this regulation which deem an officer to have held a specified office and to have been on leave from a specified service do not apply in respect of any period during which he held any other substantive office and was on leave from any public service,
(7) Except where in any particular case the Governor otherwise directs, this regulation does not apply where the office in the public service last held by the officer prior to his military service was not an established office.
(8) This regulation does 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.
Emoluments to be taken for computing pension benefits
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 except that if, by reason of any order made in any disciplinary proceedings
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