1964_PENSION_BENEFITS_REGULATIONS — Page 4

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CAP. 99]

Pension Benefits Regulations

[Subsidiary]

Pension for service wholly within the Group.

[1987 Ed.

of Rhodesia and Nyasaland shall be deemed to have been granted by that Government notwithstanding the provisions of the Federation of Rhodesia and Nyasaland (Dissolution) Order 1963.

(3) Where an officer, to whom this Part applies, is, on his retirement from the public service, not granted a pension or gratuity in respect of his employment in the service in which he is last employed, solely by reason of the fact that he has not held office therein for a specified period he shall nevertheless be deemed for the purpose of this Part to have retired in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity.

8. (1) Where the other public service of an officer to whom this Part applies has been wholly under one or more Scheduled Governments, and his aggregate service would have qualified him had it been wholly under the Government for a pension under the Ordinance, he may, on his retirement from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity, be granted in respect of his service under the Government a pension of such an amount as shall bear the same proportion to the amount of pension for which he would have been eligible had his service been wholly under the Government, as the aggregate amounts of his pensionable emoluments during his service under the Government shall bear to the aggregate amounts of his pensionable emoluments throughout his service in the Group.

(2) In determining for the purposes of this regulation the pension for which an officer would have been eligible if his service had been wholly under the Government-

(a) in the application of regulation 16-

(i) where the officer is not serving under a Scheduled Government at the date of his retirement from the public service, subject to sub-sub-paragraph (ii), the highest pensionable emoluments enjoyed by him in the service of a Scheduled Government shall be taken;

(ii) if, by reason of any order made in any disciplinary proceedings against the officer, the amount to be taken in accordance with sub-sub-paragraph (i) exceeds the pensionable emoluments enjoyed or drawn by him in the service under the Government, or the pensionable emolu- ments enjoyed by him in the service under a Scheduled Government, as the case may be, at the date of his retire- ment or transfer, there shall be taken such pensionable emoluments;

(b) no regard shall be had to any additional pension granted

under section 15 or 16 of the Ordinance;

(c) regard shall be had to the provision in section 21(1) of the Ordinance that pension shall not exceed two-thirds of his highest pensionable emoluments; and

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