1964_PENSION_BENEFITS_(JUDICIAL_OFFICERS)_ORDINANCE — Page 17

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CAP. 401]

Pension Benefits (Judicial Officers)

[1988 Ed.

(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 officer'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 calculation 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 Oversea 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.

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CAP. 401]Pension Benefits (Judicial Officers)[1988 Ed.(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 officer'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 calculation 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 Oversea Superannuation Scheme in respect of the death.Maximum pension22. (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.
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16CAP. 401]Pension Benefits (Judicial Officers)[1988 Ed.(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 officer'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 Oversea Superannuation Scheme in respect of the death.Maximum pension22. (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.
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16

CAP. 401]

Pension Benefits (Judicial Officers)

[1988 Ed.

(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 officer'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 Oversea 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.

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