TNAG-2422-FCO40-3524-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1992 — Page 102

A8

CAP. 401|

Pension Benefits (Judicial Officers} Regulations

[1988 Ed.

[Subsidiary]

1988 Ed.]

Pension Benefits (Judicial Officers) Regulations

[CAP. 401

A 9

[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 subregula- tion (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.

(2) Where an officer has a period of service in a non-established office prior to 1 April 1987 and that service is immediately followed by service in an established office and the officer is subsequently confirmed in an established office, only 675/800 of that service in the non-established office shall be taken into account as pensionable service; but where all the service of an officer is in a non-established office after 31 March 1987 the whole of that service shall be taken into account as pensionable service.

(3) Where a female officer-

(a) has, prior to 27 May 1966, retired from the service by reason of her

marriage; and

(b) has, upon retirement, received a marriage gratuity under the Pensions

Regulations (Cap. 89, sub. leg.),

the period of service prior to that retirement shall not be taken into account as pensionable service.

(4) Where a female officer, other than a divorced or widowed female officer confirmed in an established office prior to 17 November 1972, has, after marriage, served in an established office prior to 27 May 1966, her service as a married officer for the period up to that date shall be deemed to be service in a non-established office and only 675/800 of that period may, with the approval of the Governor, be taken into account as pensionable service of an officer.

(5) Where a female officer who-

(a) has retired by reason of her marriage between 27 May 1966 and 17

November 1972; and

(b) has received a gratuity under regulation 6 or 13 of the Pensions

Regulations,

is subsequently re-appointed to service under the Government, the period of service under the Government in respect of which the gratuity was granted shall not be taken into account as pensionable service unless-

(i) an application to the contrary has been made within 6 months after 17

November 1972;

(ii) there has been no break of service; and

(iii) the gratuity received has been refunded together with interest at a rate

to be determined by the Financial Secretary.

(6) Where a female officer who

(a) has, prior to 17 November 1972, retired from the service by reason of

her marriage; and

(b) has not, upon retirement, received a marriage gratuity under the

Pensions Regulations,

is without break in service subsequently re-appointed to service under the Government, the period of service prior to that retirement shall be taken into account as pensionable service.