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

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.

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

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.

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

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)

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

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.