16
CAP, 401|
Pension Benefits (Judicial Officers)
[1988 Ed.
1988 Ed.]
Pension Benefits (Judicial Officers)
JCAP. 401
17
(a) the deemed increase of pensionable service for which the officer would have been eligible under subsection (6) had his total period of service been continuous; or
(b) the actual period of his service after his re-appointment, and an officer who has been granted a deemed increase of pensionable service under regulation 18 of the Pension Benefits Regulations (Cap. 99, sub. leg.) or regulation 19A or 26(9) of the Pensions Regulations (Cap. 89, sub. leg.), or both of those regulations, in respect of his previous period of service shall only be eligible for a further deemed increase of pensionable service under this section for any subsequent period of service to the extent that the total of these deemed increases of pensionable service does not exceed the maximum deemed increase of pensionable service specified in subsection (6).
(9) In respect of an officer who has more than one period of continuous pensionable service, there shall be paid a death gratuity in respect of each period of continuous pensionable service under this section; but the total sum of the death gratuities payable in respect of more than one period of continuous pensionable service shall not exceed the sum of the death gratuity that would have been payable had the oflicer's whole period of pensionable service been continuous and had his highest pensionable emoluments or notional highest pensionable emoluments, whichever is the greater, been taken for the calcula- tion of the death gratuity, less any pension benefits already paid or payable to him but excluding any additional pension granted under section 15(1).
(10) A death gratuity shall be paid as soon as possible after the death of the officer or pensioner to
(a) his legal personal representative and shall form part of the estate of the officer or pensioner for the purposes of distribution but no estate duty is payable in respect of the death gratuity and its addition to the principal value of the estate shall not be taken into consideration for the purpose of increasing the rate at which estate duty on the remainder of the estate may be payable; or
(b) where the death gratuity does not exceed an amount determined by the
Governor, a person named by the Governor to be the recipient.
(11) This section does not apply in the case of a death of an officer or pensioner where benefits corresponding to a death gratuity are paid or payable under the Oversca Superannuation Scheme in respect of the death.
Maximum pension
22. (1) Except in cases referred to in subsection (2), a pension (or in the case of more than one pension, the total of the pensions, including any pension or pensions granted under the Pensions Ordinance (Cap. 89) and the Pension Benefits Ordinance (Cap. 99)) granted to an officer shall not exceed two-thirds of the greater of
(a) the highest pensionable emoluments enjoyed or drawn by him; or (b) the notional highest pensionable emoluments deemed to have been
enjoyed or drawn by him in the course of his service.
(2) An additional pension granted to an officer under section 15(1) of this Ordinance or of the Pension Benefits Ordinance, or an additional pension granted to him under regulation 31 of the Pensions Regulations (Cap. 89, sub. leg.), in respect of injury shall not be taken into account for the purpose of subsection (1); but, where the officer is granted any or all of those additional pensions, the amount of each of them together with any authorized increase on the additional pension from the date of injury to the date when the additional pension is paid for the first time, and any other pension or pensions granted to him shall not exceed five-sixths of the greater of
(a) the highest pensionable emoluments enjoyed or drawn by him; or
(b) the notional highest pensionable emoluments deemed to have been
enjoyed or drawn by him in the course of his service.
(3) An officer who is granted a pension in respect of other public service shall not at any time draw from the general revenue an amount of pension in respect of service under the Government which, when added to the amount of any pension granted in respect of other public service, exceeds two-thirds of the greater of
(a) the highest pensionable emoluments enjoyed or drawn by him; or
(b) the notional highest pensionable emoluments deemed to have been
enjoyed or drawn by him in the course of his service,
but where an officer is granted in respect of a period of his service under the Government or in other public service both a gratuity and a pension, the amount of the pension shall be deemed for the purposes of this subsection to
be-
(i) where the option to commute any part of a pension in return for the payment of a commuted pension gratuity has been exercised, the amount of pension if that option had not been exercised; or
(ii) in all other cases, four-thirds of its actual amount.
(4) For the purposes of subsections (1), (2) and (3), the highest pen- sionable emoluments enjoyed or drawn by an officer or the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him shall be determined in accordance with regulation 16.
Pensionable emoluments
23. Except as otherwise provided in this Ordinance and the regulations--
(a) in the case of an officer to whom section 3(1)(b), (c) or (d) applies (where 100% of his substantive salary and personal allowance was to be taken as pensionable emoluments under the Pensions Ordinance (Cap. 89) or the Pension Benefits Ordinance (Cap. 99) ), and in the case of an officer to whom section 3(1)(a) applies, 100% of his salary and personal allowance shall be taken as his pensionable emoluments, but not any other emoluments;
(b) in the case of an officer to whom section 3(1)(b) applies and whose
application under section 9(7) is approved
No comments yet.
Private notes are available after approval.