### Pension Benefits (Judicial Officers) Ordinance 《退休金利益(司法人員)條例》

8. Time of pension payments
(1) Subject to section 28, commencement of pension payments to an officer shall—
(a) in case he is an officer to whom section 7(1)(da), (e), (f) or (j) applies— (Amended 79 of 1995 s. 50)
(i) where he is an officer appointed before 1 July 1987, be deferred until he attains the age of 55 years; or
(ii) where he is an officer appointed on or after 1 July 1987, be deferred until he attains the specified age,
or, where the Chief Executive so directs, be deferred until a date earlier than referred to in subparagraph (i) or (ii), as specified in the direction; (Amended 26 of 1999 s. 3)
(b) where the pension is granted under a compensation scheme, be on the retirement of the officer under section 7(1)(i) as prescribed in the compensation scheme; and
(c) in any other case, be as soon as possible after the retirement of the officer.
(2) A pension is to be paid in monthly instalments, or less frequently if so requested by the recipient. (Amended 4 of 1993 s. 31)
(3) In this section—
specified age (指明年齡) means—(a) for the Chief Justice, a permanent judge or a High Court Judge—
(i) if subject to the retirement age (extension) arrangement—the age of 65 years;
(ii) otherwise—the age of 60 years; and
(b) for any other officer—the age of 60 years. (Added 10 of 2019 s. 13)

(Amended 10 of 2019 s. 13)

### Pension Benefits (Judicial Officers) Ordinance 《退休金利益(司法人員)條例》

9. Application regarding service attracting pension under Pensions Ordinance
(Amended 10 of 2019 s. 14)(1) In subsections (2) to (9), officer (人員) means an officer who is subject to the Pensions Ordinance (Cap. 89).
(2) An officer may apply to the Chief Justice under a Circular to be issued under this section by the Chief Justice, to have all of his service attracting pension under the Pensions Ordinance (Cap. 89) to be taken into account as pensionable service under this Ordinance.
(3) Within 3 months after receiving an application under subsection (2), the Chief Justice may, having regard to the circumstances of the particular case, reject the application if he considers that approval of the application would prejudice the interests of the judicial service.
(4) Unless rejected by the Chief Justice under subsection (3), an application under subsection (2) shall be deemed to be approved.
(5) Where the Chief Justice rejects an application he shall inform the officer in writing of the rejection and the reasons for it.
(6) An officer whose application is rejected may, within 30 days after the notification to him of the rejection, or a longer period that the Chief Executive may permit, petition the Chief Executive against the rejection and the Chief Executive may either confirm the rejection or approve the application. (Amended 26 of 1999 s. 3)
(7) An officer in respect of whom 90% only of his substantive salary is taken as a pensionable emolument under the Pensions Ordinance (Cap. 89) may apply, at the same time as he applies under subsection (2) under the Circular referred to in subsection (2), that 100% of his substantive salary shall be taken into account as a pensionable emolument under this Ordinance.
(8) An application under subsection (7) shall be deemed to be approved if the application under subsection (2) is approved and shall be deemed to be rejected if the application under subsection (2) is rejected.
(9) An application approved under this section is irrevocable.
(10) A person who, before becoming an officer on transfer from the public service, was subject to the Pension Benefits Ordinance (Cap. 99) shall have all of his service attracting pension under that Ordinance taken into account as pensionable service under this Ordinance.

### Pension Benefits (Judicial Officers) Ordinance 《退休金利益(司法人員)條例》

10. Option of person already retired regarding service attracting pension under Pensions Ordinance
(Amended 10 of 2019 s. 15)(1) A person who was an officer immediately before his retirement on or after 1 July 1987 under the Pensions Ordinance (Cap. 89) may at his option, to be exercised under a Circular to be issued under this section by the Chief Justice, require that all of his service attracting pension under that Ordinance shall be taken into account as pensionable service under this Ordinance.
(2) A person who exercises an option under this section shall be deemed to have retired under this Ordinance.
(3) An option exercised under this section is irrevocable.

11. Deemed application/option regarding service attracting pension under Pensions Ordinance
(Amended 10 of 2019 s. 16)(1) An officer who was eligible to apply under section 9(2) but who died on or after 1 July 1987 and before the expiry of the period within which he may have applied under the Circular, shall be deemed to have so applied and his application shall be deemed to be approved.
(2) A person who was eligible to exercise an option under section 10 but who died on or after 1 July 1987 and before the expiry of the period within which he could have exercised it under the Circular, shall be deemed to have exercised that option if the beneficiary of the pension agrees.

11A. Specified officers may opt for retirement age (extension) arrangement
(1) A specified officer may opt for the retirement age (extension) arrangement if—
(a) the officer was appointed on pensionable terms before the commencement date of the 2019 Ordinance (commencement date

11B. Notice for opting for retirement age (extension) arrangement
(1) An officer may opt for the retirement age (extension) arrangement by delivering a written notice in the specified form to the Judiciary Administrator.
(2) The officer is subject to the retirement age (extension) arrangement only when the notice is delivered to the Judiciary Administrator before the earliest of the following times—
(a) the expiry of 2 years from the commencement date of the 2019 Ordinance (commencement date

11C. Circular on retirement age (extension) arrangement
The Chief Justice may issue a Circular providing details of the retirement age (extension) arrangement.
(Added 10 of 2019 s. 17)