1964_PENSION_BENEFITS_(JUDICIAL_OFFICERS)_ORDINANCE — Page 18

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1988 Ed.]

Pension Benefits (Judicial Officers)

[CAP. 401

17

(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 pensionable 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-

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1988 Ed.]Pension Benefits (Judicial Officers)[CAP. 40117(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 pensionable 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 emoluments23. 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-
Baseline (Original)
ک1988 Ed.]Pension Benefits (Judicial Officers)[CAP. 40117(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 emoluments23. 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-
2026-05-05 04:53:24 · Baseline
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1988 Ed.]

Pension Benefits (Judicial Officers)

[CAP. 401

17

(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-

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