S.L. 564.1 Art. 8Emoluments to be taken for pension or gratuity.

(1) For the purpose of computing the amount of the pension or gratuity of a Member of the Judiciary or of the Attorney

General who has had a period of not less than three years’ pensionable service before his retirement -

(a) in the case of a Member of the Judiciary or Attorney General who has held office for a period of three years immediately preceding the date of his retirement, the full annual pensionable emoluments enjoyed by him at that date in respect of that office shall be taken into account;

(b) in other cases one third of the aggregate pensionable emoluments enjoyed by the Member of the Judiciary or Attorney General in respect of his service during the three years of his service immediately preceding the date of his retirement shall be taken into account.

(2) For the purpose of determining under sub-regulation (1) the pensionable emoluments that a Member of the Judiciary or Attorney General has enjoyed or would have enjoyed, as the case may be, he shall be deemed -

(a) to have been on duty on full pensionable emoluments throughout the period of three years immediately preceding the date of his retirement; and

(b) to have enjoyed the benefit of any increase due to a revision of salaries in the pensionable emoluments of any office held by him as if such increase had been payable throughout such period of three years.

(3) For the purpose of computing the amount of the pension or gratuity of a Member of the Judiciary or Attorney General who has had a period of less than three years’ pensionable service before his retirement -

(a) the average annual pensionable emoluments enjoyed by him during such period shall be taken into account;

(b) he shall be deemed to have been on duty on full pensionable emoluments throughout such period; and

(c) he shall be deemed to have enjoyed the benefit of any increase due to a revision of salaries in the pensionable emoluments of any office held by him as if such increase had been payable throughout such period.

(4) In no circumstances shall the pensionable emoluments to be taken exceed the full annual pensionable emoluments enjoyed by the Member of the Judiciary or Attorney General at the date of his retirement in respect of the office then held by him.