Cap 401A reg 8 Pension for service wholly within the Group (PENSION BENEFITS (JUDICIAL OFFICERS) REGULATIONS; PENSION BENEFITS (JUDICIAL OFFICERS) ORDINANCE)

Contents of Section

Chapter:	401A	Title:	PENSION BENEFITS (JUDICIAL OFFICERS) REGULATIONS	Gazette Number:
Regulation:	8	Heading:	Pension for service wholly within the Group	Version Date:	30/06/1997

(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 an amount that bears 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 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 subparagraph (ii), the highest pensionable emoluments enjoyed by him in the service of a Scheduled Government shall be taken into account;

(ii) if, by reason of any order made in any disciplinary proceedings against the officer, the amount to be taken in accordance with subparagraph (i) exceeds the pensionable emoluments enjoyed or dawn by him in the service under the Government, or the pensionable emoluments enjoyed by him in the service under a Scheduled Government, as the case may be, at the date of his retirement or transfer, those pensionable emoluments shall be taken into account;

(b) no regard shall be had to any additional pension granted under section 15 or 17;

(d) no period of other public service under a Scheduled Government in respect of which no pension or gratuity is grantable to him shall be taken into account.

(3) For the purposes of this regulation, the aggregate amount of an officer's pensionable emoluments shall be taken as the total amount of pensionable emoluments which he would have received or enjoyed had he been on duty on full pay in his substantive office or offices throughout his period of service in the Group except that- (4 of 1993 s. 43)

(a) in calculating the aggregate amount of his pensionable emoluments, no account shall be taken of any service under the Government or under a Scheduled Government in respect of which no pension or gratuity is granted to him by the Government or the Scheduled Government, as the case may be; and

(b) where any service in a civil capacity otherwise than in a pensionable or established office is taken into account as pensionable service, the officer's aggregate pensionable emoluments during that service shall be taken into account to the same extent as that service is taken into account as pensionable service.

(Enacted 1988)