1964_PENSION_BENEFITS_REGULATIONS — Page 7

1987 Ed.]

Pension Benefits Regulations

[CAP. 99

these regulations to have been on leave on full salary from the public service in which he was last employed, and to have held the substantive office last held by him in that service prior to his military service;

(b) during any period between his leaving public service for the purpose of serving with Her Majesty's Forces and the date of his commencing military service he shall, for the purposes of the Ordinance and these regulations, be deemed to be on leave without salary, not granted on grounds of public policy, from the public service in which he was last employed and to have held the substantive office last held by him in that service prior to his military service; and during any period between the termination of his military service and the date of his re-entering the public service he shall, for the said purposes, be deemed to be on leave as aforesaid from public service and to have held the substantive office in which he is re-employed:

Provided that

(i) this regulation shall not apply when either period men- tioned in paragraph (b) exceeds 3 months, or such longer period as the Governor may in any special case determine; or if the officer fails after his military service to re-enter the public service otherwise than in circumstances in which he would be permitted under the law applicable to the public service in which he is last employed prior to his military service to retire on pension or gratuity, such circumstances arising not later than the expiration of 3 months, or such longer period as may be determined as aforesaid, after the termination of his military service;

(ii) this regulation shall not apply when an officer shall have

commenced his military service without the approval of the Governor of the territory in the service of which he was last employed before so serving;

(iii) if during any period mentioned in paragraph (a) the officer shall have qualified for pension, or received emoluments in lieu of pension rights, actually in respect of his military service, paragraph (a) shall, as respects that period, have effect as if the words "leave without salary, not granted on grounds of public policy," were substituted for the words "leave on full salary”;

(iv) if during his military service the officer shall be injured or killed, he shall not for the purposes of any provision of the Ordinance and these regulations relating to injury or death awards, be deemed to have been injured or killed in the discharge of his duty;

(v) the provisions of this regulation which require that the officer shall be deemed to have held a specified office and to have been on leave from a specified service shall not apply in respect of any period during which he shall actually have

A 7

[Subsidiary]