1964_PENSION_BENEFITS_(JUDICIAL_OFFICERS)_ORDINANCE — Page 13

12

CAP. 401]

Pension Benefits (Judicial Officers)

[1988 Ed.

while in service under the Government, the Governor shall grant, in addition to a death gratuity (if any)—

(i) if the officer leaves a spouse, a dependant pension to the spouse, while the spouse remains unmarried, at a rate of one-sixth of the officer's annual pensionable emoluments at the date of the injury; but the Governor may grant a dependant pension under this paragraph at a rate not exceeding one-fourth of those pensionable emoluments;

(ii) if the deceased officer leaves a spouse to whom a dependant pension is granted under paragraph (i) and one or more children, a dependant pension to each child of an amount of one-eighth of the dependant pension granted in accordance with paragraph (i);

(iii) if the deceased officer leaves one or more children, but does not leave a spouse or leaves a spouse to whom no dependant pension is granted, a dependant pension to each child of double the amount determined under paragraph (ii) as if the officer had left a spouse;

(iv) if the deceased officer leaves one or more children and a spouse to whom a dependant pension is granted, and the spouse subsequently dies, re-marries or ceases for any other reason to receive the dependant pension, a dependant pension to each child as from the date of the death or marriage of the spouse, or the date on which a dependant pension to the spouse ceases, of double the amount in accordance with paragraph (ii);

(v) if the deceased officer does not leave a spouse, or leaves a spouse to whom no dependant pension is granted, and if the mother of the deceased officer was wholly or mainly dependent on the deceased officer for her support, a dependant pension to the mother, while the mother is without adequate means of support, of an amount not exceeding the dependant pension which could have been granted to the spouse under paragraph (i); or

(vi) if the deceased officer does not leave a spouse, or leaves a spouse to whom no dependant pension is granted, or does not leave any children, or mother to whom a dependant pension is granted, and the father of the deceased officer was wholly or mainly dependent on the deceased officer for his support, a dependant pension to the father, while the father is, in the Governor's opinion, without adequate means of support, of an amount not exceeding the dependant pension which could have been granted to the spouse under paragraph (i).

(2) A dependant pension is payable as soon as possible after the death of the officer and shall be paid monthly or less frequently if so requested by the recipient.

(3) A dependant pension-

(a) is not payable under subsection (1) at any time in respect of more than 6 children;

(b) when granted under subsection (1) ceases-

(i) in the case of a child, at the appropriate time provided in subsection (4);