*
CAP. 401]
Pension Benefits ( Judicial Officers}
[1988 Ed.
1988 Ed.)
Pension Benefits (Judicial Officers)
|CAP. 401
9
(2) An officer may apply to the Chief Justice under a Circular to be issued under this section by the Chief Justice, to have all of his service attracting pension under the Pensions Ordinance to be taken into account as pensionable service under this Ordinance.
(3) Within 3 months after receiving an application under subsection (2), the Chief Justice may, having regard to the circumstances of the particular case, reject the application if he considers that approval of the application would prejudice the interests of the judicial service.
(4) Unless rejected by the Chief Justice under subsection (3), an applica- tion under subsection (2) shall be deemed to be approved.
(5) Where the Chief Justice rejects an application he shall inform the officer in writing of the rejection and the reasons for it.
(6) An officer whose application is rejected may, within 30 days after the notification to him of the rejection, or a longer period that the Governor may permit, petition the Governor against the rejection and the Governor may either confirm the rejection or approve the application.
(7) An officer in respect of whom 90% only of his substantive salary is taken as a pensionable emolument under the Pensions Ordinance may apply, at the same time as he applies under subsection (2) under the Circular referred to in subsection (2), that 100% of his substantive salary shall be taken into account as a pensionable emolument under this Ordinance.
(8) An application under subsection (7) shall be deemed to be approved if the application under subsection (2) is approved and shall be deemed to be rejected if the application under subsection (2) is rejected.
(9) An application approved under this section is irrevocable.
(10) A person who, before becoming an officer on transfer from the public service, was subject to the Pension Benefits Ordinance (Cap. 99) shall have all of his service attracting pension under that Ordinance taken into account as pensionable service under this Ordinance.
Option of person already retired
10. (1) A person who was an officer immediately before his retirement on or after I July 1987 under the Pensions Ordinance (Cap. 89) may at his option, to be exercised under a Circular to be issued under this section by the Chief Justice, require that all of his service attracting pension under that Ordinance shall be taken into account as pensionable service under this Ordinance.
(2) A person who exercises an option under this section shall be deemed to have retired under this Ordinance.
(3) An option exercised under this section is irrevocable.
Deemed application/option
11. (1) An officer who was eligible to apply under section 9(2) but who died on or after 1 July 1987 and before the expiry of the period within which he may have applied under the Circular, shall be deemed to have so applied and his application shall be deemed to be approved.
(2) A person who was eligible to exercise an option under section 10 but who died on or after 1 July 1987 and before the expiry of the period within which he could have exercised it under the Circular, shall be deemed to have exercised that option if the beneficiary of the pension agrees.
Circumstances in which pension may be granted for
service after re-appointment
12. A person who is eligible for, or was granted, a pension under this Ordinance or the Pension Benefits Ordinance (Cap. 99) and who is re-appointed to service under the Government, shall be granted a pension in respect of that service on completion of qualifying service of not less than 2 years during the re-appointment.
Compensation scheme
13. For the purposes of section 7(1)(i) the Governor in Council may approve a compensation scheme which
(a) shall apply to officers specified in the scheme;
(b) may provide for the payment of compensation, pension benefits and additional benefits to officers on their retirement, the commutation of pension benefits, the payment of death gratuities to dependants of officers, and for other related matters, other than in accordance with this Ordinance; and
(c) shall provide for the circumstances in which compensation and other
benefits are payable under the scheme.
Grant of pension on retirement on account of injuries
14. (1) A pension shall be granted to an officer who is permanently injured
(a) in the actual discharge of his duty;
(b) without his own default; and
(c) on account of circumstances specifically attributable to the nature of
his duty,
while in pensionable service, if his retirement is thereby necessitated or mate- rially accelerated, notwithstanding that he has completed qualifying service of less than the relevant period specified in section 7(1)(a).
(2) An officer who is permanently injured while travelling by any means in pursuance of official instructions or in the course of his duties shall be deemed for the purposes of subsection (1) to have been injured in the circumstances described in that subsection.
Grant of additional pension on account of injuries
15. (1) Subject to subsection (2), if an officer is permanently injured in the circumstances described in section 14, he shall be granted an additional pension
No comments yet.
Private notes are available after approval.