1988 Ed.]
Pension Benefits (Judicial Officers)
[CAP. 401
15
(b) the commuted pension gratuity which he would have received had he exercised an option on his retirement for reduction of his pension by 50% under section 26(1),
less any pension benefits already paid or payable to him but excluding any additional pension granted under section 15(1).
(5) Where an officer, who has been granted a deferred pension-
(a) dies before a deferred pension is paid to him, there shall be paid a death gratuity of an amount not exceeding the maximum commuted pension gratuity which he would have received had he retired at the date of his retirement under section 7(1)(e) or (f), or his resignation under section 7(1)(j), as the case may be, and exercised an option for reduction of his pension by 50% under section 26(1), plus any authorized increase; or
(b) dies after a deferred pension is paid to him, there shall be paid a death gratuity of an amount equal to the maximum commuted pension gratuity which he would have received had he exercised an option for reduction of his pension by 50% under section 26(1) plus any authorized increase on it up to the time when the deferred pension was paid to him for the first time, less any pension benefits already paid or payable to him and any authorized increase on it up to the time when the deferred pension was paid to him for the first time, but excluding any additional pension granted under section 15(1).
(6) Subject to subsections (7) and (8), in the case of an officer, other than an officer referred to in subsection (5), who dies in the circumstances described in subsection (1) and whose period of qualifying service is-
(a) not less than 5 nor more than 22 years; or
(b) more than 22 years but whose pensionable service is less than 22 years,
the pensionable service which may be taken into account for the computation of death gratuity shall be calculated by deeming his pensionable service to be the lesser of--
(i) twice the period of pensionable service, including any deemed increase under section 25, that would have been taken into account for the computation of his pension benefits had he retired on the day he died (subject to a maximum of 221 years); or
(ii) the period of pensionable service, including any deemed increase under section 25, that would have been taken into account for the computation of his pension benefits had he retired on reaching the normal retirement age.
(7) Subsection (6) shall apply in the case of an officer who is eligible for, or is granted, a pension, and who is re-appointed to service under the Government, irrespective of the length of qualifying service completed during the re-appointment.
(8) In the case of an officer to whom subsection (7) applies, the deemed increase of pensionable service under subsection (6) in respect of the final period of service of the officer shall not exceed the lesser of
1988 Ed.]
Pension Benefits (Judicial Officers)
[CAP. 401
15
(b) the commuted pension gratuity which he would have received had he exercised an option on his retirement for reduction of his pension by 50% under section 26(1),
less any pension benefits already paid or payable to him but excluding any additional pension granted under section 15(1).
(5) Where an officer, who has been granted a deferred pension-
(a) dies before a deferred pension is paid to him, there shall be paid a death gratuity of an amount not exceeding the maximum commuted pension gratuity which he would have received had he retired at the date of his retirement under section 7(1)(e) or (ƒ), or his resignation under section 7(1)(j), as the case may be, and exercised an option for reduction of his pension by 50% under section 26(1), plus any authorized increase; or
(b) dies after a deferred pension is paid to him, there shall be paid a death gratuity of an amount equal to the maximum commuted pension gratuity which he would have received had he exercised an option for reduction of his pension by 50% under section 26(1) plus any authorized increase on it up to the time when the deferred pension was paid to him for the first time, less any pension benefits already paid or payable to him and any authorized increase on it up to the time when the deferred pension was paid to him for the first time, but excluding any additional pension granted under section 15(1).
(6) Subject to subsections (7) and (8), in the case of an officer, other than an officer referred to in subsection (5), who dies in the circumstances described in subsection (1) and whose period of qualifying service is-
(a) not less than 5 nor more than 22 years; or
(b) more than 22 years but whose pensionable service is less than 22
years,
the pensionable service which may be taken into account for the computation of death gratuity shall be calculated by deeming his pensionable service to be the lesser of--
(i) twice the period of pensionable service, including any deemed increase under section 25, that would have been taken into account for the computation of his pension benefits had he retired on the day he died (subject to a maximum of 221 years); or
(ii) the period of pensionable service, including any deemed increase under section 25, that would have been taken into account for the computation of his pension benefits had he retired on reaching the normal retirement age.
(7) Subsection (6) shall apply in the case of an officer who is eligible for, or is granted, a pension, and who is re-appointed to service under the Govern- ment, irrespective of the length of qualifying service completed during the re-appointment.
(8) In the case of an officer to whom subsection (7) applies, the deemed increase of pensionable service under subsection (6) in respect of the final period of service of the officer shall not exceed the lesser of
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