||Title:||PENSIONS REGULATIONS||Gazette Number:|
|Regulation:||9||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 Government, 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-
(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: (4 of 1993 s. 37)
(a) in the application of regulation 18-
(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;
(b) no regard shall be had to an additional pension under regulation 22 or 31;
(ii) if, by reason of any order made in any disciplinary proceedings against the officer, the amount to be taken in accordance with the provisions of sub-sub-paragraph (i) exceeds the pensionable emoluments enjoyed by him at the date of his retirement or transfer, as the case may be, there shall be taken such pensionable emoluments; (26 of 1982 s.6; w.e.f. 30.5.80)
(c) regard shall be had to the condition that pension may not exceed two-thirds of his highest pensionable emoluments;
(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.
(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 such Scheduled Government, as the case may be; (L.N. 15 of 1967)
(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; (L.N. 15 of 1967)
(c) where an officer entered the public service prior to 1 January 1930, his pension in respect of his service under the Government may be calculated as though any Scheduled Government under which he has served had not been included in these regulations should this be to his advantage.
(36 of 1987 s. 49)