PENSION BENEFITS (JUDICIAL OFFICERS) REGULATIONS

PENSION BENEFITS (JUDICIAL OFFICERS) REGULATIONS

PENSION BENEFITS (JUDICIAL OFFICERS) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page
PART I

PRELIMINARY

1. Citation ............................A 2
2. Interpretation ......................A 2

PART II

OFFICERS OTHER THAN TRANSFERRED
OFFICERS

3. Application of Part II ...............A 2
4. Pension factor .......................A 2
5. Rate of short service gratuity .......A 3

PART III

TRANSFERRED
OFFICERS

6. Application of Part III ...................................................... A 3

7. Interpretation .......................A 3
8. Pension for service wholly within the Group A 4
9. Pension where other service not within the Group A 5
10.......................................Pension when other service both within and not within the Group A 5
11.......................................Rate of short service gratuity A 5
12.......................................Computation of deferred pension for service within the Group A 5

PART IV

GENERAL

13......................................General rules as to qualifying service and pensionable service A 6
14. Continuity of service ...............A 6
15. Military service to count for pension benefits A 6
16. Emoluments to be taken for computing pension benefits A 7
17. Service which may be taken as pensionable service A 8
18. Deemed increase in service where retirement is on medical grounds A 10
19. Acting service ......................A 10
20. Service not counting as pensionable service A 10

21; Rates of additional pension on retirement on abolition of office or compulsory

retirement ...........................A 11
22.......................................Rates of additional pension on account of injuries A 11





PENSION BENEFITS (JUDICIAL OFFICERS) REGULATIONS
(Cap. 401, section 38)

[23 December 1988]

L.N. 338/88

PART I

PRELIMINARY

Citation

1. These regulations may be cited as the Pension Benefits (Judicial Officers)
Regulations.

Interpretation

2. In these regulations, unless the context otherwise requires

'month' 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.

PART II

OFFICERS OTHER THAN TRANSFERRED OFFICERS

Application of Part II

3. Except where the Governor 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.

Pension factor

4. Subject to section 22, the factor for the computation of an annual pension on
retirement in the circumstances specified in sections 7, 12 and 14 is 1/675 of the
officer's highest pensionable emoluments for each month of his pensionable
service.





Rate of short service gratuity

5. The rate of short service gratuity granted to an officer under section 36
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.

PART III

TRANSFERRED
OFFICERS

Application of Part III

6. 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.

Interpretation

7. (1) In this Part and Part IV-

'Scheduled Government' has the same meaning as in regulation 7(1) of the Pension
Benefits Regulations (Cap. 99, sub. leg.);

'service in the Group' 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.





Pension for service wholly within the Group

8. (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 drawn
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;

(c) regard shall be had to section 22(1); and

(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 subsequent to his attaining the age of 18 years except that-*

(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.

Pension where other service not within the Group

9. (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.

Pension when other service both within and not within
the Group

10. 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.

Rate of short service gratuity

11. The rate of short service gratuity granted to an officer under section 36 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.

Computation of deferred pension for service within the Group

12. 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

General rules as to qualifying service and pensionable service

13. (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
Governor, be counted as qualifying service and pensionable service.

Continuity of service

.14. (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.

Military service to count for pension benefits

15. (1) Where an officer has served with Her Majesty's Forces in time of war and
before so serving was employed in public service the following provisions apply

(a)during the period of that service with Her Majesty's Forces, including any
period after the termination of the war, (in this regulation referred to as
military service), he shall be deemed for the purposes of the Ordinance
and these regulations to have been on leave on full salary from the public
service in which he was last employed, and to have held the substantive
office last held by him in that service prior to his military service;

(b)during any period between his leaving public service for the purpose of
serving with Her Majesty's Forces and the date of his commencing
military service he shall, for the purposes of the Ordinance and these
regulations, be deemed to be on leave without salary, not granted on





grounds of public policy, from the public service in which he was last
employed and to have held the substantive office last held by him in that
service prior to his military service; and during any period between the
termination of his military service and the date of his re-entering the
public service he shall, for those purposes, be deemed to be on leave from
public service and to have held the substantive office in which he is re-
employed.

(2) This regulation does not apply when either period mentioned in
subregulation (1)(b) exceeds 3 months, or a longer period that the Governor may in
any special case determine; or if the officer fails after his military service to re-enter
the public service otherwise than in circumstances in which he would be permitted
under the law applicable to the public service in which he is last employed prior to
his military service to retire on pension or gratuity, those circumstances arising not
later than the expiration of 3 months, or a longer period as may be determined by the
Governor, after the termination of his military service.

(3) This regulation does not apply where an officer commenced his military
service without the approval of the Governor of the territory in the service of which
he was last employed before so serving.

(4) If during any period mentioned in subregulation (1)(a) the officer qualified
for pension, or received emoluments in lieu of pension rights, in respect of his
military service, subregulation (1)(a) shall, as respects that period, have effect as if
the words 'leave without salary, not granted on grounds of public policy,' were
substituted for the words 'leave on full salary'.

(5) If during his military service the officer was injured or killed, he shall not for
the purposes of any provision of the Ordinance and these regulations relating to
injury or death awards, be deemed to have been injured or killed in the discharge of
his duty.

(6) The provisions of this regulation which deem an officer to have held a
specified office and to have been on leave from a specified service do not apply in
respect of any period during which he held any other substantive office and was on
leave from any public service.

(7) Except where in any particular case the Governor otherwise directs, this
regulation does not apply where the office in the public service last held by the
officer prior to his military service was not an established office.

(8) This regulation does not apply to an officer who has received a pension or
gratuity during a period of his military service in respect of public service prior to
joining the military service.

Emoluments to be taken for computing pension benefits

16. (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); or

(e) the Governor in any case otherwise directs.

(5) In the case of an officer whose application under section 9(7) is approved

(a)the highest pensionable emoluments specified in section 23(b)(i) 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(b)(ii) shall
be taken into account for computing the pension benefits for the period of
his service from the material date.

(6) For the purposes of subregulation (5), 'material date' means a date to be
determined in accordance with the terms of a Circular issued by the Chief Justice
under this regulation.

Service which may be taken as pensionable service

17. (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
a non-established office and only 675/800 of that period may, with the approval
of the Governor, be taken into account as pensionable service of an officer.

(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,

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,

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.




Deemed increase in service where retirement is
on medical grounds

18. (1) Subject to subregulation (2), in the case of an officer who retires under
section 7(1)(h) and whose period of qualifying service under the Government is

(a) not less than 5 nor more than 22 1/2 years; or

(b) more than 221 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).

Acting service

19. 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.

Service not counting as pensionable service

20. (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) subject to subregulation (2), was under the age of 18 years;

(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 Governor.





(2) Any period of service of an officer appointed before 1 July 1987 while the
officer was under the age of 18 years which would have been taken into account in
the computation of annual allowance had he retired under the Pensions Ordinance
(Cap. 89) shall be taken into account as pensionable service.

Rates of additional pension on retirement on abolition of
office or compulsory retirement

21. (1) Subject to subregulations (2) and (3), the additional pension granted
under section 17 is 10/675 of his highest pensionable emoluments for each complete
3-year period of his pensionable service.

(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.

Rates of additional pension on account of injuries

22. (1) Subject to subregulations (2) and (5), the annual rate of additional
pension granted under section 15(1) to an officer who is injured in the
circumstances described in section 14 shall be the proportion of his actual
pensionable emoluments at the date of his injury appropriate to his case as shown
in the following table---whether his capacity to contribute to his own support
because of the injury is impaired before or after his retirement

TABLE

where the officer's capacity to contribute to his own support is

slightly impaired ..................50/675
impaired ...........................100/675

materially impaired ................. 150/675
totally destroyed .................200/675.

(2) The rate of additional pension under subregulation (1) may be reduced to
an extent that the Governor thinks reasonable where-the injury is not the cause or
the sole cause of retirement.

(3) The Director of Medical and Health Services shall determine-

(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 the impairment in accordance with the table in subregulation
(1).





(4) An additional pension in accordance with this regulation is payable-

(a) in the case of an officer whose capacity to contribute to his own support
is impaired before his retirement, with effect from the date of his
retirement; and

(b)in the case of an officer whose capacity to contribute to his own support
is impaired after his retirement, with effect from the date his impairment is
determined by the Director of Medical and Health

(5) 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 this regulation, the rate at which the additional
pension has been granted may be reassessed in accordance with the table in
subregulation (1) by the Director of Medical and Health Services under subregulation
(3) at the time or times that he may think fit.
L.N. 338/88

L.N. 338/88

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