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CAP. 401| Pension Benefits ( Judicial Officers}
[1988 Ed.
1988 Ed.]
Pension Benefits (Judicial Officers)
[CAP. 401
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(c) service which is pensionable-
(i) under the Oversea Superannuation Scheme;
(ii) under any Acts relating to the superannuation of teachers in the United Kingdom;
(iii) under a local authority in the United Kingdom; or
(iv) under the National Health Service of the United Kingdom;
(d) any other service that the Governor has determined to be public
service for the purposes of this Ordinance;
(e) except for the purposes of computation of a pension or gratuity and of section 22, service in respect of which a pension may be granted under the Governors' Pensions Act 1957 (1957 c. 62 U.K.) or the Governors' Pensions Scheme 1979 or any Act or Scheme amending or replacing that Act or Scheme;
(f) service as the holder of the office of President, Vice-President, Justice of Appeal, Registrar, officer or servant of the Court of Appeal for Eastern Africa or the Court of Appeal for East Africa;
(g) service in a civil capacity in the service of the Interim Commission for
the West Indies;
(h) pensionable service with the British Telecommunication and the Post Office, United Kingdom of Great Britain and Northern Ireland;
"qualifying service" means the period of service calculated as qualifying service
in accordance with the regulations;
"reduced pension" means the reduced pension referred to in section 26(1); "the regulations" means regulations made under this Ordinance;
"retirement" means retirement from the public service;
"salary" means the substantive salary attached to any established or non-
established office in the service;
"short service gratuity" means a short service gratuity granted to an officer
under section 36;
"spouse" means the person to whom an officer is, by reason of the form of
marriage contracted, lawfully married;
“wife”, in relation to an officer, means
(a) the lawful wife of the officer married to him by a Christian marriage or
its civil equivalent;
(b) where there is no such wife and the officer is Chinese the kit fat or tin
fong wife; or
(c) where there is no wife under paragraph (a) or (b) and polygamy lawfully subsists, the principal wife recognized as such by the personal law of the officer,
and “widow” shall be construed accordingly.
(2) For the avoidance of doubt it is hereby declared that, where a person has been confirmed in an established office and is afterward appointed to another established office, then, unless the terms of the appointment otherwise require, the last mentioned office is, for the purposes of this Ordinance, an office in which he has been confirmed.
Application
3. (1) Subject to an exemption under section 37, this Ordinance only applies to---
(a) an officer who is appointed or re-appointed to service under the Government on or after 1 July 1987, whether on transfer from other public service or otherwise, on terms which attract pension benefits under this Ordinance;
(b) an officer whose application under section 9 is approved;
(c) a person who has exercised an option under section 10; and
(d) an officer or person who, under section 11, is deemed to have applied
under section 9 or exercised an option under section 10.
(2) A person shall not derive any pension, gratuity or other allowance under the Pensions Ordinance (Cap. 89) and pension benefits under the Pension Benefits Ordinance (Cap. 99) and this Ordinance in respect of the same period of service.
Pension benefits to be of right
4.
Except as otherwise provided in this Ordinance, the entitlement to pension benefits is a right.
Pension benefits to be charged to general revenue
5.
There shall be charged on and paid out of the general revenue all money that is from time to time granted by way of pension benefits.
Normal retirement age
6.
(1) The normal retirement age of --
(a) a judge of the Supreme Court or District Court is the retiring age
specified in Article XVIA(2)(a) of the Letters Patent (App. I, p. C1);
(b) a Registrar or Deputy Registrar of the Supreme Court is when he
attains the age of 65 years; or
(c) an officer not referred to in paragraph (a) or (b) is when he attains the
age of 60 years.
(2) Subject to subsections (3) and (4), an officer, other than one referred to
in subsection (1)(a), shall not continue in service after his normal retirement age.
(3) The Governor may approve the continued service of an officer, other than one referred to in subsection (1)(a), for an aggregate of 5 years plus accrued leave after he attains his normal retirement age.
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