A138

Ord. No. 30/80

Short title.

Amendment of section 6.

(Cap. 89.)

Amendment of section 17.

PENSIONS (AMENDMENT)

HONG KONG

No. 30 OF 1980

I assent.

L.S.

MURRAY MACLEHOSE,

Governor.

26 June 1980.

An Ordinance to amend the Pensions Ordinance.

[27 June 1980]

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1. This Ordinance may be cited as the Pensions (Amendment) Ordinance 1980.

2. Section 6 of the principal Ordinance is amended in paragraph (6) by inserting after "(a)" the following-

“(aa)".

3. Section 17 of the principal Ordinance is amended-

(a) in subsection (1) by deleting "$5,000" and substituting the follow-

ing-

"$15,000";

(b) by inserting after subsection (1) the following subsection—

"(1A) In computing a commuted pension gratuity for the purposes of subsection (1) the officer's service shall be deemed to include any period of untaken vacation leave for which an ex gratia payment corresponding to the salary for that period has been made.";

(c) in subsection (2) by deleting "$5,000" and substituting the follow-

ing-

"$15,000";

(d) in subsection (5)(a)(i) by inserting after "(1)," the following-

"and notwithstanding subsection (1A),”; and

(e) in subsection (5)(b) by inserting after "Regulations" the follow-

ing-

Amendment of section 18.

4.

as modified by subsection (1A),”.

Section 18 of the principal Ordinance is amended-

(a) in subsection (1) by deleting paragraph (c) of the proviso and

substituting the following paragraph—

"(c) a pension granted to a child under this section shall cease at the appropriate time provided in subsection (1A).";

(b) by inserting after subsection (1) the following subsections—

"(1A) A pension granted to a child under this section shall cease-

PENSIONS (AMENDMENT)

(a) in the case of a male-

Ord. No. 30/80

A139

(i) at the age of 18 years unless at the time he attains that age he is receiving full-time education in any university, college, school or other educational establishment; or

(ii) at the time at which he has since attaining the age of 18 years ceased to receive continuous full- time education at any university, college, school or other educational establishment; or

(iii) at the age of 23 years, whichever first occurs;

(b) in the case of a female---- (i) on her marriage; or

(ii) at the age of 21 years unless at the time she attains that age she is receiving full-time education at any university, college, school or other educational establishment; or

(iii) at the time at which she has since attaining the age of 21 years ceased to receive continuous full-time education at any university, college, school or other educational establishment; or

(iv) at the age of 23 years, whichever first occurs.

(1B) (a) For the purposes of subsection (1A), a child on normal university, college, school or other educa- tional establishment holidays or awaiting for a normal period admission to a university, college, school or other educational establishment is receiving full-time education.

(b) In subsection (IA), university, college, school or other educational establishment means a university, college, school or other educational establishment recognized as such by the Director of Education.".

5.

(1) The Pensions Regulations are amended- (a) in regulation 19-

Amendment of the Pensions Regulations. (Cap. 89.

(i) in paragraph (1) by deleting "paragraphs (2) to (8)" and sub. leg.) substituting the following

"paragraphs (2) to (9)";

(ii) in paragraph (3) by deleting "paragraph (2) or (8)(d)" and substituting the following--

"paragraph (2), (8)(d) or (9)”; and

(iii) by inserting after paragraph (8) the following paragraph-

"(9) Where a female officer who-

(a) has, prior to the 17th November 1972, retired from

the service by reason of her marriage; and

(b) has not, upon retirement, received a marriage

gratuity under these regulations,

is without break in service subsequently re-employed in the service of the Colony, the period of service prior to such retirement shall be taken into account as pensionable service."; and

Share This Page