5 (h) attained the age of sixty-seven years but not attained the age of sixty-eight years, at the rate of one one hundred and fifty-sixth; (i) attained the age of sixty-eight years but not attained the age of sixty-nine years, at the rate of one one hundred and forty-fourth; (j) attained the age of sixty-nine years but not attained the age of seventy years, at the rate of one one hundred and thirty-second; (k) attained the age of seventy years, at the rate of one one hundred and twentieth; of his or her final pensionable emoluments for each complete month of his pensionable service: Provided that the pension shall not exceed his or her final pensionable emoluments. Benefits on retirement or removal from office on medical grounds 6.(1) Subject to subsection (2), where the President is satisfied that a judge has given or intends to give notice of resignation in terms of subsection (2) of section 86 of the Constitution on account of continued ill-health or inability to discharge the functions of his or her office arising from infirmity of body or mind, the President may consent to the judge’s resignation being regarded for the purposes of this scheme as a retirement on medical grounds, and thereupon the resignation shall be so regarded. (2) Retirement on medical grounds in terms of subsection (1) shall be subject to the submission to and acceptance by the President, after consultation with the Judicial Service Commission, of a medical report as to the judge’s mental and physical fitness to continue in office, and the report shall be furnished by a medical practitioner approved for the purpose of this paragraph by the Minister responsible for health. (3) A judge who— (a) retires on medical grounds in terms of subsection (1); or (b) is removed from office in terms of section 87 of the Constitution on account of continued ill-health or inability to discharge the functions of his or her office arising from infirmity of body or mind; shall be entitled— (i) if his or her pensionable service amounts to less than two years, to a gratuity at the rate of one-sixth of his final pensionable emoluments for each complete year of his or her pensionable service; (ii) if his or her pensionable service amounts to two years or more, to a pension calculated at the rate of— A. five per centum of his or her final pensionable emoluments for each complete year of pensionable service up to a maximum of ten years ; and B. two per centum of his or her final pensionable emoluments for each complete year of pensionable service in excess of ten years: Provided that the pension shall not exceed his retiring pensionable emoluments.