On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 01/06/2012.
23.
—(1) Subject to paragraph (2), a member in the pensionable service who has not less than 10 years of pensionable service who retires, or is required to retire, on any of the grounds specified in regulation 22 may on his retirement be granted a pension to be computed according to regulation 24.
(2) A member who retires on the ground referred to in regulation 22(d) or (g) shall not be paid a pension until he has attained the minimum age.
(3) Notwithstanding paragraph (2), a member who retires on the ground referred to in regulation 22(d) or (g) may —
(a)
if he becomes physically or mentally incapacitated to such an extent that he is incapable of continuing in any employment before he attains the minimum age, be paid the pension granted to him with effect from the date of the physical or mental incapacity; and
(b)
if he opts to be paid a commuted full pension gratuity under regulation 26 without pension, be paid the gratuity, discounted in the manner prescribed in regulation 26A, before he attains the minimum age.
(4) Where a member who had retired on the ground referred to in regulation 22(d) or (g) dies before he attains the minimum age and was not paid a pension under paragraph (3) at any time before his death, the Armed Forces Council may pay his dependants or, where there are no dependants, his personal representatives, a gratuity amounting to the higher of the following sums:
(a)
a sum ascertained by —
(i)
multiplying the amount of monthly full pension that may have been granted to the member under this regulation by the relevant commutation factor; and
(ii)
discounting the sum obtained under sub-paragraph (i) at the relevant discount rate in respect of each year or part thereof falling between the date the member would have obtained his pension had he not died and the date of his death (both dates inclusive); or
(b)
a sum amounting to one year’s pensionable emoluments.
(5) No pension or gratuity shall be granted under this regulation to a member who is —
(a)
discharged on any of the grounds specified in regulations 17 and 18 of the Enlistment Regulations (Cap. 93, Rg 1);
(b)
discharged with ignominy; or
(c)
dismissed as a result of the sentence of a subordinate military court or Military Court of Appeal or a sentence substituted by the Armed Forces Council.
(6) For the purposes of this regulation —
“minimum age” means —
(a)
in the case of a person who retires on the ground referred to in regulation 22(d), the retirement age appropriate to his age set out in regulation 20; and
(b)
in the case of a person who retires on the ground referred to in regulation 22(g) —
(i)
the age of 45 years in the case of a member below the rank of warrant officer; and
(ii)
the age of 50 years in the case of a member of or above the rank of warrant officer;
“one year’s pensionable emoluments” means the emoluments which would be taken for the purpose of computing any pension or gratuity granted to the member if he had retired at the date of his death in the circumstances described in regulation 22(c).