A 10
CAP. 4011
Pension Benefits (Judicial Officers) Regulations
(1988 Ed.
[Subsidiary]
1988 Ed.]
Pension Benefits (Judicial Officers) Regulations
[CAP. 401
A 11
[Subsidiary]
Deemed increase in service where retirement is on
medical grounds
18. (1) Subject to subregulation (2), in the case of an officer who retires under section 7(1)(h) and whose period of qualifying service under the Govern- ment is
(a) not less than 5 nor more than 22 years; or
(b) more than 22 years but whose pensionable service is less than 221
years.
his pensionable service shall be deemed to increase in the same manner as for the calculation of death gratuity as if he had died at the date of retirement.
(2) Subregulation (1) applies in the case of an officer who is re-appointed to service irrespective of the length of qualifying service completed during each re-appointment, but the deemed increase of pensionable service is limited as provided in section 21(8) and (9).
Acting service
19. Where an officer has performed acting service in an office under the Government the period of the acting service may be taken into account as pensionable service (subject to regulation 17 if the acting service is in a non-established office) if the period of the acting service
(a) is not taken into account as part of the officer's pensionable service in
other public service; and
(b) is immediately preceded or followed by service as the substantive
holder of an established office under the Government.
Service not counting as pensionable service
20. (1) Except as otherwise provided in these regulations, there shall not be taken into account as pensionable service any period of service while an officer -
(a) subject to subregulation (2), was under the age of 18 years;
(b) whose terms of employment provided for the payment of a gratuity dependent upon the length of his service, unless he has refunded the gratuity (if any) received in respect of that period together with interest at a rate to be determined by the Financial Secretary;
(e) was on agreement on monthly terms not providing for payment of a gratuity, unless without break of service he is confirmed in an established office:
(d) was serving in an office the terms of appointment of which do not
attract pension benefits;
(e) was absent from duty without salary, unless the absence was approved
on grounds of public policy by the Governor.
(2) Any period of service of an officer appointed before I July 1987 while
the officer was under the age of 18 years which would have been taken into account in the computation of annual allowance had he retired under the Pensions Ordinance (Cap. 89) shall be taken into account as pensionable service.
Rates of additional pension on retirement on abolition of
office or compulsory retirement
21. (1) Subject to subregulations (2) and (3), the additional pension granted under section 17 is 10/675 of his highest pensionable emoluments for each complete 3-year period of his pensionable service.
(2) Subject to subregulation (3), an additional pension granted to an officer in accordance with subregulation (1), shall not exceed 100/675 of the officer's highest pensionable emoluments.
(3) An additional pension granted to an officer in accordance with subregulation (1) together with any pension granted to him at the factor prescribed in regulation 4 shall not exceed the amount of pension which an officer would have been granted if he had continued to serve until the date on which he would have reached his retirement age, having received all increments for which he would have been eligible by that date.
Rates of additional pension on account of injuries
22. (1) Subject to subregulations (2) and (5), the annual rate of addi- tional pension granted under section 15(1) to an officer who is injured in the circumstances described in section 14 shall be the proportion of his actual pensionable emoluments at the date of his injury appropriate to his case as shown in the following table, whether his capacity to contribute to his own support because of the injury impaired before or after his retirement-
TABLE
where the officer's capacity to contribute to his own support is-
slightly impaired
impaired
materially impaired
totally destroyed
50/675
100/675
150/675
200/675.
(2) The rate of additional pension under subregulation (1) may be reduced
to an extent that the Governor thinks reasonable where the injury is not the cause or the sole cause of retirement.
(3) The Director of Medical and Health Services shall determine -
(a) whether or not an officer's capacity to contribute to his own support
because of the injury is impaired; and
(b) the degree of the impairment in accordance with the table in sub-
regulation (1).
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