8
Pension
benefits to be
charged to general
revenue.
6. There shall be charged on and paid out of the general revenue sums of money as may from time to time be granted by way of pensio benefits.
Time for
payment of pension that
has been granted.
Opting for pension benefits.
(Cap. 89.)
7.
Subject to section 26, a pension granted to an officer shall be payable to him-
(a) in the case of a deferred pension-
(i) where he is a serving officer, when he attains the age of 55 years; and
(ii) where he is a Scheduled officer who is appointed or re- appointed to service under the Government on or after 1 July 1987, when he attains the age of 60 years or the age prescribed by an order under section 10(3) which is applicable to the rank or grade held by him at the time when the deferred pension is granted, whichever is the earlier,
or earlier than in accordance with sub-paragraph (i) or (ii) if the Governor so directs and at a time specified by the Governor; (b) where the pension is granted under a compensation scheme, upon the retirement of the officer under section 11(1)(i) as prescribed in the compensation scheme; and
(c) in any other case, as soon as possible after the retirement of the
officer.
8. (1) Subject to subsection (2), an officer who is eligble for a pension or annual allowance under the Pensions Ordinance may opt under and in accordance with the terms of a Circular to be issued under and for the purposes of this section by the Secretary for the Civil Service, that all his service attracting pension or annual allowance under that Ordinance shall be taken into account as pensionable service under this Ordinance.
(2) (a) An option under subsection (1) shall be sent to the Secretary
for the Civil Service.
(b)
(i) Having received from an officer an option under subsec- tion (1), if the Secretary for the Civil Service, having had regard to the circumstances of the particular case, is of opinion that to allow the officer to exercise the option would prejudice the interests of the public service, he may reject the option.
(ii) In case, pursuant to sub-paragraph (i), the Secretary for the Civil Service rejects an option, he shall, as soon as may be, inform the officer concerned in writing of both the rejection and the reasons therefor.
(c) A person aggrieved by a rejection under paragraph (b)(i) relating to him may, within 30 days of the notification to him of the rejection, or such longer period as the Governor may permit, petition the Governor against the rejection and the Governor may, as he shall think fit, either confirm the rejection or direct that the option to which the petition relates be accepted.
(d) The power conferred on the Secretary for the Civil Service by paragraph (b)(i) may be exercised as regards a particular option under subsection (1) at any time within the period of 12 months beginning on the day on which the option is received by him.