PENSION BENEFITS

Ord. No. 36/87

A201

(2) The Governor may specify a period of more than 2 years for the rposes of subsection (1) where he thinks fit, and such specification shall be forthwith notified in writing by the Secretary for the Civil Service to the person concerned.

(3) A person who is aggrieved by any direction under subsection (1) or any specification under subsection (2) may, within 30 days of the notifica- tion to him of the direction or specification or such longer period as the Governor may in any particular case permit, petition the Governor against the direction or specification and the Governor may confirm, vary or reverse the direction or specification as he thinks fit.

(4) Where a person whose pension has been suspended under subsec- tion (1) ceases to be engaged in any of the capacities specified in that subsection, the Governor may, if he is satisfied that the person has so ceased to be engaged, direct that the pension shall be restored to him with retrospective effect as from the date of cesser of the engagement or any later date as the Governor shall specify, and the pension shall be restored accordingly.

31. (1) Save as otherwise provided in the Public Officers (Assignment of Emoluments) Ordinance, pension benefits granted to an officer shall not be assignable or transferable except for the purpose of satisfying—

(a) a debt due to the Government; or

(b) an order of any court for the payment of money towards the maintenance of the spouse or former spouse or minor child of the officer to whom the pension benefits have been granted,

and shall not be liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatever except a debt due to the Government.

Pension benefits not assignable. (Cap. 363.)

(2) Where any person who is granted pension benefits owes a debt to the Government, the Director of Accounting Services may, whether or not with the consent of the person, make such deductions from the pension benefits, not exceeding 25 per cent thereof, as the Director of Accounting Services thinks fit for the purpose of satisfying the debt; but the maximum of 25 per cent shall not apply to any tax payable under the Inland Revenue (Cap. 112.) Ordinance.

32. (1) If a pension cannot be granted to an officer whose service Grant of short under the Government is less than the qualifying service specified in section service gratuity. 11, he shall be granted, on retirement from the public service, a short service gratuity at the prescribed rate in respect of his service.

(2) Short service gratuity granted to an officer shall be payable to him as soon as possible after retirement.

33. (1) The Governor may exempt any officer and his dependants Governor's from the application of any provisions of this Ordinance and the regulations power to in any particular case, or may modify the application of any such provisions exempt or in any such case in the manner specified by him, where in his opinion modify. inequity results from the application of such provisions; but any such exemption or modification shall not be detrimental to the officer or his dependants and shall be in keeping with the spirit of this Ordinance.

Share This Page