Cap. 401 sub. leg. A

Pension Benefits (Judicial Officers) Regulations(Cap. 401, section 38)[23 December 1988](Format changes—E.R. 5 of 2018) Part I Preliminary 1. Citation These regulations may be cited as the Pension Benefits (Judicial Officers) Regulations. 2. Interpretation In these regulations, unless the context otherwise requires—month (月) means a complete month, and an incomplete month shall be taken to be that fraction of a complete month in which the denominator is 30 and the numerator the number of days of service in that incomplete month, irrespective of the actual number of days in that month. 2A. Saving The amendments made to these Regulations by the Adaptation of Laws (No. 10) Ordinance 1999 (26 of 1999) shall not affect any right accrued or accruing to any person before the date on which those amendments come into operation.(26 of 1999 s. 3) Part II Officers other than Transferred Officers 3. Application of Part II Except where the Chief Executive in any special case otherwise directs, this Part does not apply in the case of an officer who is transferred to or from the service under the Government from or to other public service except for the purpose of determining whether that officer would have been eligible for pension benefits, and the amount of the pension benefits for which he would have been eligible, if his service had been wholly under the Government.(26 of 1999 s. 3) 4. Pension factor Subject to section 22 of the Ordinance, the factor for the computation of an annual pension on retirement in the circumstances specified in sections 7, 12 and 14 of the Ordinance is 1/675 of the officer’s highest pensionable emoluments for each month of his pensionable service.(21 of 2020 s. 90) 5. Rate of short service gratuity The rate of short service gratuity granted to an officer under section 36 of the Ordinance shall be an amount not exceeding 7 times the annual amount of the pension which, if there had been no requirement for a period of qualifying service, would have been granted to him at the factor prescribed in regulation 4.(21 of 2020 s. 91) Part III Transferred Officers 6. Application of Part III (1) This Part applies only in the case of an officer who is transferred to or from service under the Government from or to other public service. (26 of 1999 s. 3)(2) Regulations 7, 8, 10 and 12 apply only in respect of an officer who was appointed before the date on which Schedule 4 to the Adaptation of Laws (No. 10) Ordinance 1999 (26 of 1999) comes into operation. (26 of 1999 s. 3) 7. Interpretation (1) In this Part and Part IV—Scheduled Government (附表政府) has the same meaning as in regulation 7(1) of the Pension Benefits Regulations (Cap. 99 sub. leg. A); (E.R. 5 of 2018)service in the Group (任職於組內的政府、任職於組內政府的服務) means service under the Government and under a Scheduled Government or Scheduled Governments.(2) For the purpose of this Part and Part IV—(a) an officer in public service under the Government of the Federation of Rhodesia and Nyasaland immediately before 1 January 1964 who was, immediately before that date, employed on secondment to service under the Government of Southern Rhodesia, the Government of Northern Rhodesia or the Government of Nyasaland, or was as from that date so employed, shall be deemed to continue in public service under the Government of the Federation of Rhodesia and Nyasaland until his employment on secondment was terminated;(b) any pension awarded on or after 1 January 1964 in respect of service under the Government of the Federation 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 in that service 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. Pension for service wholly within the Group (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 of the Ordinance; (21 of 2020 s. 92)(c) regard shall be had to section 22(1) of the Ordinance; and (21 of 2020 s. 92)(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. 9. Pension where other service not within the Government (1) Where the other public service of an officer to whom this Part applies has not included service under a 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 the circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on a pension or gratuity, be granted in respect of his service under the Government a pension at the rate of 1/675 of his highest pensionable emoluments for each month of his pensionable service under the Government.(2) Where the officer is not in the service under the Government at the time of his retirement, his pensionable emoluments for the purposes of subregulation (1) shall be those which would have been taken for the purpose of computing his pension if he had retired from the public service and had been granted a pension at the date of his last transfer from service under the Government. 10. Pension when other service both within and not within the Group Where a part only of the other public service of an officer to whom this Part applies has been under one or more Scheduled Governments, regulation 8 applies; but in calculating the amount of pension regard shall be had only to service in the Group. 11. Rate of short service gratuity The rate of short service gratuity granted to an officer under section 36 of the Ordinance to whom this Part applies and who retires 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 shall be an amount not exceeding 7 times the annual amount of the pension which, if there had been no requirement for a period of qualifying service, would have been granted to him under regulation 8, 9 or 10, as the case may be.(21 of 2020 s. 93) 12. Computation of deferred pension for service within the Group A deferred pension granted to an officer in respect of service within the Group shall be computed in accordance with regulation 8 or 10, as the case may be. Part IV General 13. General rules as to qualifying service and pensionable service (1) Subject to these regulations, qualifying service shall be the inclusive period between the date on which an officer begins to draw salary in respect of public service and the date of his leaving public service, without deduction of any period during which he has been absent on leave.(2) Only service under the Government shall be taken into account as qualifying service in respect of an officer, other than an officer who is transferred to or from service under the Government from or to other public service.(3) No period which is not qualifying service shall be taken into account as pensionable service.(4) No period during which an officer was not in the public service shall be taken into account either as qualifying service or as pensionable service.(5) Any period during which an officer, who is in the public service, is seconded to service which is not public service may, with the approval of the Chief Executive, be counted as qualifying service and pensionable service. (26 of 1999 s. 3) 14. Continuity of service (1) Except as otherwise provided in these regulations, only continuous service shall be taken into account as qualifying service or as pensionable service.(2) Where an officer has more than one period of pensionable service, every such period shall be taken into account separately for the purposes of computing pension benefits. 15. (Repealed 2 of 2012 s. 3) 16. Emoluments to be taken for computing pension benefits (1) Subject to this regulation, for computing the amount of the pension benefits of an officer, the highest pensionable emoluments enjoyed or drawn by him in the course of his public service shall be taken into account except that if, by reason of any order made in any disciplinary proceedings against an officer, the amount to be taken in accordance with the provisions of this regulation exceeds the pensionable emoluments enjoyed or drawn by him at the date of his retirement or resignation, as the case may be, those pensionable emoluments shall be taken into account.(2) Where an officer has more than one period of continuous service the highest pensionable emoluments enjoyed or drawn by him in the course of any particular period of continuous service only shall be taken into account for computing the amount of the pension benefits for that period.(3) Where an officer is serving on trial or on probation in an office immediately following public service other than on trial or on probation, the highest pensionable emoluments which the officer would have enjoyed or drawn in his substantive office shall be taken into account for computing the amount of the pension benefits in respect of that service.(4) Notwithstanding subregulation (1), an increase in the pensionable emoluments of an office held by an officer due to a revision of salaries with effect from a date subsequent to the commencement of a period of his absence from duty on leave without salary shall be disregarded for the purposes of subregulation (1), unless—(a) the officer has, since the expiration of that period of absence and in respect of that period of absence (taking the earliest period first if there is more than one), completed an equal period of service on duty or leave with salary (other than leave immediately preceding retirement);(b) the officer retires in one of the cases referred to in section 7(1)(d), (g) or (h) of the Ordinance; or (21 of 2020 s. 94)(c) the Chief Executive in any case otherwise directs. (26 of 1999 s. 3)(5) In the case of an officer whose application under section 9(7) of the Ordinance is approved— (21 of 2020 s. 94)(a) the highest pensionable emoluments specified in section 23(1)(b)(i) of the Ordinance shall be taken into account for computing the pension benefits for the period of his service prior to the material date; and(b) the highest pensionable emoluments specified in section 23(1)(b)(ii) of the Ordinance shall be taken into account for computing the pension benefits for the period of his service from the material date. (4 of 1993 s. 44; 21 of 2020 s. 94)(6) For the purposes of subregulation (5), material date (關鍵日期) means a date to be determined in accordance with the terms of a Circular issued by the Chief Justice under this regulation. 17. Service which may be taken as pensionable service (1) Subject to an approved application under section 9(2), or an option under section 10(1), of the Ordinance and subject to these regulations, only service in an office the terms of appointment of which attract pension benefits shall be taken into account as pensionable service. (21 of 2020 s. 95)(2) Where an officer has a period of service in a non-established office prior to 1 April 1987 and that service is immediately followed by service in an established office and the officer is subsequently confirmed in an established office, only 675/800 of that service in the non-established office shall be taken into account as pensionable service; but where all the service of an officer is in a non-established office after 31 March 1987 the whole of that service shall be taken into account as pensionable service.(3) Where a female officer—(a) has, prior to 27 May 1966, retired from the service by reason of her marriage; and(b) has, upon retirement, received a marriage gratuity under the Pensions Regulations (Cap. 89 sub. leg. A), (E.R. 5 of 2018)the period of service prior to that retirement shall not be taken into account as pensionable service.(4) Where a female officer, other than a divorced or widowed female officer confirmed in an established office prior to 17 November 1972, has, after marriage, served in an established office prior to 27 May 1966, her service as a married officer for the period up to that date shall be deemed to be service in an established office and that period may be taken into account as pensionable service of an officer. (L.N. 553 of 1994)(5) Where a female officer who—(a) has retired by reason of her marriage between 27 May 1966 and 17 November 1972; and(b) has received a gratuity under regulation 6 or 13 of the Pensions Regulations (Cap. 89 sub. leg. A), (E.R. 5 of 2018)is subsequently re-appointed to service under the Government, the period of service under the Government in respect of which the gratuity was granted shall not be taken into account as pensionable service unless—(i) an application to the contrary has been made within 6 months after 17 November 1972;(ii) there has been no break of service; and(iii) the gratuity received has been refunded together with interest at a rate to be determined by the Financial Secretary.(6) Where a female officer who—(a) has, prior to 17 November 1972, retired from the service by reason of her marriage; and(b) has not, upon retirement, received a marriage gratuity under the Pensions Regulations (Cap. 89 sub. leg. A), (E.R. 5 of 2018)is without break in service subsequently re-appointed to service under the Government, the period of service prior to that retirement shall be taken into account as pensionable service. 18. Deemed increase in service where retirement is on medical grounds (1) Subject to subregulation (2), in the case of an officer who retires under section 7(1)(h) of the Ordinance and whose period of qualifying service under the Government is— (21 of 2020 s. 96)(a) not less than 5 nor more than 22 1 2 years; or(b) more than 22 1 2 years but whose pensionable service is less than 22 1 2 years,his pensionable service shall be deemed to increase in the same manner as for the calculation of death gratuity as if he had died at the date of retirement.(2) Subregulation (1) applies in the case of an officer who is re-appointed to service irrespective of the length of qualifying service completed during each re-appointment, but the deemed increase of pensionable service is limited as provided in section 21(8) and (9) of the Ordinance. (21 of 2020 s. 96) 19. Acting service Where an officer has performed acting service in an office under the Government the period of the acting service may be taken into account as pensionable service (subject to regulation 17 if the acting service is in a non-established office) if the period of the acting service—(a) is not taken into account as part of the officer’s pensionable service in other public service; and(b) is immediately preceded or followed by service as the substantive holder of an established office under the Government. 20. Service not counting as pensionable service (1) Except as otherwise provided in these regulations, there shall not be taken into account as pensionable service any period of service while an officer—(a) (Repealed 4 of 1993 s. 45)(b) whose terms of employment provided for the payment of a gratuity dependent upon the length of his service, unless he has refunded the gratuity (if any) received in respect of that period together with interest at a rate to be determined by the Financial Secretary;(c) was on agreement on monthly terms not providing for payment of a gratuity, unless without break of service he is confirmed in an established office;(d) was serving in an office the terms of appointment of which do not attract pension benefits;(e) was absent from duty without salary, unless the absence was approved on grounds of public policy by the Chief Executive. (26 of 1999 s. 3)(2) (Repealed 4 of 1993 s. 45) 21. Rates of additional pension on retirement on abolition of office or compulsory retirement (1) Subject to subregulations (2) and (3), the additional pension granted under section 17 of the Ordinance is 10/675 of his highest pensionable emoluments for each complete 3-year period of his pensionable service. (21 of 2020 s. 97)(2) Subject to subregulation (3), an additional pension granted to an officer in accordance with subregulation(1), shall not exceed 100/675 of the officer’s highest pensionable emoluments.(3) An additional pension granted to an officer in accordance with subregulation (1) together with any pension granted to him at the factor prescribed in regulation 4 shall not exceed the amount of pension which an officer would have been granted if he had continued to serve until the date on which he would have reached his retirement age, having received all increments for which he would have been eligible by that date. 22. Rates of additional pension on account of injuries (1) Subject to subregulations (2) and (5), the annual rate of additional pension granted under section 15(1) of the Ordinance to an officer who is injured on or after 1 February 1993 in the circumstances described in section 14 of the Ordinance shall be the same percentage of his actual pensionable emoluments as at the date of his injury as the percentage of permanent incapacity resulting from such injury. (3 of 1993 s. 67; L.N. 553 of 1994; 21 of 2020 s. 98)(1A) The percentage of permanent incapacity referred to in subregulation (1) shall be assessed in such manner as the Secretary for the Civil Service may specify by general notice published in the Gazette. (3 of 1993 s. 67)(1B) Subject to subregulations (2) and (6), the annual rate of additional pension granted under section 15(1) of the Ordinance to an officer who is injured before 1 February 1993 in the circumstances described in section 14 of the Ordinance shall be the proportion of his actual pensionable emoluments at the date of his injury appropriate to his case as shown in the table in this paragraph, whether his capacity to contribute to his own support because of the injury is impaired before or after his retirement.TableWhen the officer’s capacity to contribute to his own support is— (a) slightly impaired 50/675 (b) impaired 100/675 (c) materially impaired 150/675 (d) totally destroyed 200/675 (L.N. 553 of 1994)(1C) A medical board appointed by the Hospital Authority shall determine for the purpose of subregulation (1B)—(a) whether or not an officer’s capacity to contribute to his own support because of the injury is impaired; and(b) the degree of impairment in accordance with the table in subregulation (1B). (L.N. 553 of 1994)(2) The rate of additional pension under subregulation (1) or (1B) may be reduced to an extent that the Chief Executive thinks reasonable where the injury is not the cause or the sole cause of retirement. (L.N. 553 of 1994; 26 of 1999 s. 3)(3) (Repealed 3 of 1993 s. 67)(4) An additional pension in accordance with this regulation is payable—(a) in the case of an officer who suffers incapacity before his retirement or whose capacity to contribute to his own support is impaired before his retirement, with effect from the date of his retirement; and (3 of 1993 s. 67; L.N. 553 of 1994)(b) in the case of an officer who suffers incapacity after his retirement or whose capacity to contribute to his own support is impaired after his retirement, with effect from the date on which such incapacity is determined in accordance with subregulation (1A) or the date on which his degree of impairment is determined, as the case may be. (3 of 1993 s. 67; L.N. 553 of 1994)(5) If there is any variation in the degree of permanent incapacity of an officer subsequent to the grant of an additional pension at a rate in accordance with this regulation, the rate at which the additional pension has been granted may be reassessed in such manner as the Secretary for the Civil Service may specify by general notice published in the Gazette and at such time as the Secretary for the Civil Service may think fit. (3 of 1993 s. 67)(6) If there is any variation in the degree of the impairment of an officer’s capacity to contribute to his own support subsequent to the grant of an additional pension at a rate in accordance with subregulation (1B), the rate at which the additional pension has been granted may be reassessed in accordance with the table in subregulation (1B) by a medical board appointed by the Hospital Authority at such time or times as the board may think fit. (L.N. 553 of 1994)