Hong Kong Regulations

PENSION BENEFITS (JUDICIAL OFFICERS) REGULATIONS - 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) 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.

(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.), 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.), 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.), 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. (Enacted 1988)