TNAG-2422-FCO40-3524-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1992 — Page 85

*

こ

2

CAP. 401

Pension Benefits (Judicial Officersi

[1988 Ed.

1988 12d.

Pension Benefits (Judicial Officers)

[CAP, 401

3

CHAPTER 401

PENSION BENEFITS (JUDICIAL OFFICERS)

To provide for the granting of pension benefits to judicial officers.

Originally 85 of 1988 —

Short title

[23 December 1988] L.N. 349/88

1. This Ordinance may be cited as the Pension Benefits (Judicial Officers) Ordinance.

Interpretation

2. (1) In this Ordinance, unless the context otherwise requires -- "additional pension" means an additional pension granted under section 15 or

17;

"authorized increase" has the same meaning as in the Pensions (Increase)

Ordinance (Cap. 305);

"child" in relation to an officer

(a) includes a step-child;

(b) includes a child adopted by the officer, but does not include a child of

the officer adopted by another person;

(c) does not include an illegitimate child; and

(d) where polygamy lawfully subsists, does not include a child that is not an adopted child of the officer unless its mother was, at the time of its birth, the officer's wife;

"commuted pension gratuity" means the commuted pension gratuity referred to

in section 26(1);

"compensation scheme" means a compensation scheme approved under sec-

tion 13;

"death gratuity” means a death gratuity payable under section 21;

"deferred pension" means a pension granted to an officer but the payment of

which is deferred under section 8(1)(a);

"dependant pension” means a pension granted under section 20 to a dependant

of a deceased officer;

"designated officer” means an officer appointed under section 32(1);

"established office" has the same meaning as in the Pension Benefits Ordinance

(Cap. 99);

“highest pensionable emoluments" means the highest annual pensionable

emoluments determined in accordance with the regulations;

"non-established office” means an office in the public service which is not an

established office;

"normal retirement age” means the retirement age specified in section 6; "notional highest pensionable emoluments" means the highest pensionable emoluments enjoyed or drawn by an officer during his service which are deemed for the purposes of this Ordinance to be increased in value by the same percentage as the authorized increase since the date when he left the service up to the earlier date he attains his retirement age or the date of his death;

"officer" means an officer holding a judicial office as defined in the Public

Service Commission Ordinance (Cap. 93);

"other public service” means public service not under the Government; "pension" means any pension or deferred pension (other than an additional pension or a dependant pension) granted, payable or paid under this Ordinance;

"pension benefits” means any pension, additional pension, dependant pension, death gratuity, commuted pension gratuity, short service gratuity or other benefits granted, payable or paid under this Ordinance;

"pensionable emoluments” means

(a) in respect of service of an officer under the Government, the emolu- ments specified in section 23(a), (b), (c) or (d), and where provided includes pensionable emoluments enjoyed or drawn by him and his notional pensionable emoluments; and

(b) in respect of an officer in other public service, the emoluments referred

to in section 23(e);

"pensionable emoluments enjoyed or drawn” includes the pensionable emolu- ments that an officer on leave without salary would have enjoyed or drawn if he had been on duty on full pensionable emoluments; "pensionable service" means service which may be taken into account in

computing pension benefits;

"pensioner" means a person to whom a pension has been granted, payable or

paid;

"personal allowance” means a special addition to a salary granted personally to the holder for the time being of an office if it is granted subject to the condition that it shall be taken into account in computing pension;

"public service" and "service" mean-

(a) service in a civil capacity under the Government or under the

government of any other country or territory in the Commonwealth; (b) service in a civil capacity under the East Africa High Commission, the East African Common Services Organization, the East African Posts and Telecommunications Administration, the East African Railways and Harbours Administration, the East African Community, the East African Harbours Corporation, the East African Posts and Telecom- munications Corporation, the East African Railways Corporation or any of their successor authorities;