ODA COMMENTS.
Comments on Hong Kong Pension Scheme Bill and Regulations
Clause
Page
2
2
Delete "compensation scheme". The Pensions Ordinance
is not the vehicle to give legality to the limited scheme.
2
5
Why define 'Judicial Officer"? We have been unable to find any references to it in the Bill.
(2
5
6
2
8
2(d)
8
2(c)
8
"Notional highest pensionable emoluments". Why not follow PCSPS and calculate pension and PI that until retirement?)
Add to definition of pension "and does not include any local increase subsequently awarded".
Given the dissolution of EAC and the transfer of the Corporations to the territories, perhaps add "or any of their successor authorities" after "Railways Corporation" although it is unlikely that anyone will now be affected.
Should read "any other service that the Secretary of State or the Governor after consultation with the Secretary of State has determined
Add after "Act 1957" "or the Governors' Pension Scheme 1979 or any Act or Scheme amending or replacing that Act or Scheme".
2 (h)
9
Add "British Telecommunications" if necessary.
2
10
2
11
4(a)
LO
5
After definition of 'Scheduled Officer' add "Secretary of State" means one of Her Majesty's Principal Secretaries of State".
Should not "serving officer " mean "an officer who has opted" be expanded by "to have the terms of this Ordinance apply to him"?
12/13 Presumably officers who transferred from Hong Kong
to other public service will have the present pension laws applying to them (no retrospective option).
13
6
13
Civil Service in UK have an absolute right to retiring awards and the preservation requirements of the Social Security Act 1973 ensure that they retain that right if they leave before retiring age. Given that Hong Kong service is Crown Service and therefore the Crown has the right to dismiss should the right to pension be retained.
Delete "pension benefits" and add "pension, gratuity or other allowance granted under this Ordinance.
1