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CAP. 401]
Pension Benefits (Judicial Officers)
[1988 Ed.
1988 Ed.]
Pension Benefits (Judicial Officers)
[CAP. 401
(4) An officer may continue in office for as long as necessary to enable him to deliver judgment or to do any other thing in relation to proceedings that were commenced before his normal retirement age or before the end of continued service approved under subsection (3).
(5) Where, after his normal retirement age, an officer continues in service under subsection (3) or (4) or under Article XVIA(1) or (2) of the Letters Patent, the continued service shall be considered pensionable service.
Circumstances in which pension may be granted
7. (1) Except as provided in this Ordinance, a pension shall be granted in respect of an officer's pensionable service
(a) subject to section 29(2), on his retirement on or after attaining his
normal retirement age, and after completion of qualifying service of not less than------
(i) 10 years in the case of an officer appointed before his attaining the
age of 50 years; and
(ii) 5 years in the case of an officer appointed on or after his attaining the age of 50 years;
(b) on his voluntary early retirement after completion of qualifying service of not less than the relevant period specified in paragraph (a)--- (i) in the case of an officer appointed before I July 1987, on or after his attaining the age of 55 years; and
(ii) in the case of an officer appointed on or after 1 July 1987, on or after his attaining the age of 60 years;
(c) in a case where he is transferred to other public service
(i) on his retirement on or after attaining the age at which he is permitted by the law or regulations of the service in which he was last employed to retire on pension; or
(ii) on his retirement in any other circumstances in which he is permitted by the law or regulations of the service in which he was last employed to retire on pension or gratuity, but this subparagraph does not apply in the case of a female judicial officer who retires because she has or is about to be married;
(d) for an officer other than a judge of the Supreme Court or District Court, on his retirement on the abolition of his office, and after completion of qualifying service of not less than 2 years;
(e) in the case of a judge of the Supreme Court or District Court, on retirement after removal from office under Article XVIA of the Letters Patent (App. 1, p. C1), whether or not he has completed qualifying service of not less than the relevant period specified in paragraph (a);
(f) in the case of an officer other than a judge of the Supreme Court or District Court and subject to section 31(1)(a), on his retirement in the public interest or on his compulsory retirement in exercise of disciplinary powers of punishment by the Governor, whether or not he has completed qualifying service of not less than the relevant period specified in paragraph (a);
(g) for an officer other than a judge of the Supreme Court or District Court, on his compulsory retirement for the purpose of facilitating improvement in the organization of the judiciary, by which greater efficiency or economy may be effected, and after completion of qualifying service of not less than 2 years;
(h) on his retirement on medical evidence that satisfies the Governor that the officer is incapable by reason of an infirmity of mind or body of discharging the duties of his office and that the infirmity is likely to be permanent;
(i) on his retirement in accordance with a compensation scheme, whether or not he has completed qualifying service of not less than the relevant period specified in paragraph (a);
(j) subject to section 29(2), on his resignation from the judiciary, with the approval of the Chief Justice, after completion of qualifying service of not less than 10 years; or
(k) on his retirement on or after attaining the maximum pension specified
in section 22.
(2) Unless otherwise directed by the Governor, a pension granted to an officer to whom subsection (1)(e), (ƒ) or (j) applies shall be a deferred pension.
(3) Retirement under subsection (1)(a), (b) or (k), or resignation under subsection (1)(/), shall take place after the officer has served a period of service, which may be specified by the Chief Justice, after the officer has notified the Chief Justice of his intention to retire or resign.
Time of pension payments
8. (1) Subject to section 28, commencement of pension payments to an officer shall
(a) in case he is an officer to whom section 7(1)(e), (ƒ) or (j) applies--
(i) where he is an officer appointed before 1 July 1987, be deferred until he attains the age of 55 years; or
(ii) where he is an officer appointed on or after 1 July 1987, be deferred until he attains the age of 60 years,
or, where the Governor so directs, be deferred until a date earlier than referred to in subparagraph (i) or (ii), as specified in the direction;
(b) where the pension is granted under a compensation scheme, be on the retirement of the officer under section 7(1)(i) as prescribed in the compensation scheme; and
(c) in any other case, be as soon as possible after the retirement of the
officer.
(2) A pension shall be paid monthly or less frequently if so requested by the recipient.
Application regarding previous pensionable service
9. (1) In subsections (2) to (9), “officer” means an officer who is subject to the Pensions Ordinance (Cap. 89).
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