1988 Ed.]
Pension Benefits
[CAP. 99
19
or pensions granted under the Pensions Ordinance (Cap. 89)) granted to an officer shall not exceed two-thirds 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,
whichever is the greater.
(2) An additional pension granted to an officer under section 15(1), or any 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) of this section; but, where the officer is granted any such additional pension, the amount thereof 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
(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,
whichever is the greater.
(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---
(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,
whichever is the greater:
Provided that where an officer is granted in respect of some period of his service under the Government or in other public service both a gratuity and a pension, the amount of such 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 of the regulations.
Pensionable emoluments
22. Except as otherwise provided in this Ordinance and the regulations-
(a) in the case of an officer to whom section 4(1)(a) and (1)(c) applies, and an officer to whom section 4(1)(b) applies where 100% of his
Page 20
Page 21
1988 Ed.]
Pension Benefits
[CAP. 99
19
or pensions granted under the Pensions Ordinance (Cap. 89)) granted to an officer shall not exceed two-thirds 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,
whichever is the greater.
(2) An additional pension granted to an officer under section 15(1), or any additional pension granted to him under regulation 31 of the Pensions Regula- tions (Cap. 89, sub. leg.), in respect of injury shall not be taken into account for the purpose of subsection (1) of this section; but, where the officer is granted any such additional pension, the amount thereof 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
(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,
whichever is the greater.
(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---
(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,
whichever is the greater:
Provided that where an officer is granted in respect of some period of his service under the Government or in other public service both a gratuity and a pension, the amount of such 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 pension- able 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 of the regulations.
Pensionable emoluments
22. Except as otherwise provided in this Ordinance and the regulations-
(a) in the case of an officer to whom section 4(1)(a) and (1)(c) applies, and an officer to whom section 4(1)(b) applies where 100% of his
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