1964_PENSION_BENEFITS_(JUDICIAL_OFFICERS)_REGULATIONS — Page 10

HK Historical Laws 香港歷史法例 All AI Reviewed

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A 10

CAP. 401]

Pension Benefits (Judicial Officers) Regulations

[1988 Ed.

[Subsidiary]

Deemed increase in service where retirement is on

medical grounds

18. (1) Subject to subregulation (2), in the case of an officer who retires under section 7(1)(h) and whose period of qualifying service under the Government 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,

his pensionable service shall be deemed to increase in the same manner as for the calculation of death gratuity as if he had died at the date of retirement.

(2) Subregulation (1) applies in the case of an officer who is re-appointed to service irrespective of the length of qualifying service completed during each re-appointment, but the deemed increase of pensionable service is limited as provided in section 21(8) and (9).

Acting service

19. Where an officer has performed acting service in an office under the Government the period of the acting service may be taken into account as pensionable service (subject to regulation 17 if the acting service is in a non-established office) if the period of the acting service-

(a) is not taken into account as part of the officer's pensionable service in

other public service; and

(b) is immediately preceded or followed by service as the substantive

holder of an established office under the Government.

Service not counting as pensionable service

20. (1) Except as otherwise provided in these regulations, there shall not be taken into account as pensionable service any period of service while an officer-

(a) subject to subregulation (2), was under the age of 18 years;

(b) whose terms of employment provided for the payment of a gratuity dependent upon the length of his service, unless he has refunded the gratuity (if any) received in respect of that period together with interest at a rate to be determined by the Financial Secretary;

(c) was on agreement on monthly terms not providing for payment of a gratuity, unless without break of service he is confirmed in an established office;

(d) was serving in an office the terms of appointment of which do not

attract pension benefits;

(e) was absent from duty without salary, unless the absence was approved

on grounds of public policy by the Governor.

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A 10CAP. 401]Pension Benefits (Judicial Officers) Regulations[1988 Ed.[Subsidiary]Deemed increase in service where retirement is onmedical grounds18. (1) Subject to subregulation (2), in the case of an officer who retires under section 7(1)(h) and whose period of qualifying service under the Government is(a) not less than 5 nor more than 22 years; or(b) more than 22 years but whose pensionable service is less than 22years,his pensionable service shall be deemed to increase in the same manner as for the calculation of death gratuity as if he had died at the date of retirement.(2) Subregulation (1) applies in the case of an officer who is re-appointed to service irrespective of the length of qualifying service completed during each re-appointment, but the deemed increase of pensionable service is limited as provided in section 21(8) and (9).Acting service19. Where an officer has performed acting service in an office under the Government the period of the acting service may be taken into account as pensionable service (subject to regulation 17 if the acting service is in a non-established office) if the period of the acting service-(a) is not taken into account as part of the officer's pensionable service inother public service; and(b) is immediately preceded or followed by service as the substantiveholder of an established office under the Government.Service not counting as pensionable service20. (1) Except as otherwise provided in these regulations, there shall not be taken into account as pensionable service any period of service while an officer-(a) subject to subregulation (2), was under the age of 18 years;(b) whose terms of employment provided for the payment of a gratuity dependent upon the length of his service, unless he has refunded the gratuity (if any) received in respect of that period together with interest at a rate to be determined by the Financial Secretary;(c) was on agreement on monthly terms not providing for payment of a gratuity, unless without break of service he is confirmed in an established office;(d) was serving in an office the terms of appointment of which do notattract pension benefits;(e) was absent from duty without salary, unless the absence was approvedon grounds of public policy by the Governor.Page 10Page 11

Baseline (Original)

A 10CAP. 401]Pension Benefits (Judicial Officers) Regulations[1988 Ed.[Subsidiary]Deemed increase in service where retirement is onmedical grounds18. (1) Subject to subregulation (2), in the case of an officer who retires under section 7(1)(h) and whose period of qualifying service under the Govern- ment is(a) not less than 5 nor more than 22 years; or(b) more than 224 years but whose pensionable service is less than 22years,his pensionable service shall be deemed to increase in the same manner as for the calculation of death gratuity as if he had died at the date of retirement.(2) Subregulation (1) applies in the case of an officer who is re-appointed to service irrespective of the length of qualifying service completed during each re-appointment, but the deemed increase of pensionable service is limited as provided in section 21(8) and (9).Acting service19. Where an officer has performed acting service in an office under the Government the period of the acting service may be taken into account as pensionable service (subject to regulation 17 if the acting service is in a non-established office) if the period of the acting service-(a) is not taken into account as part of the officer's pensionable service inother public service; and(b) is immediately preceded or followed by service as the substantiveholder of an established office under the Government.Service not counting as pensionable service20. (1) Except as otherwise provided in these regulations, there shall not be taken into account as pensionable service any period of service while an officer-(a) subject to subregulation (2), was under the age of 18 years;(b) whose terms of employment provided for the payment of a gratuity dependent upon the length of his service, unless he has refunded the gratuity (if any) received in respect of that period together with interest at a rate to be determined by the Financial Secretary;(c) was on agreement on monthly terms not providing for payment of a gratuity, unless without break of service he is confirmed in an established office;(d) was serving in an office the terms of appointment of which do notattract pension benefits;(e) was absent from duty without salary, unless the absence was approvedon grounds of public policy by the Governor.Page 10Page 11

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