HONG KONG
LEGAL REPORT
PENSION BENEFITS
(MISCELLANEOUS
AMENDMENTS) ORDINANCE 1988
(No. 61 of 1988)
Enclosure No.
The purpose of this Ordinance is to make further provisions regarding pensions and other benefits related to the public service.
2.
(a)
(b)
The Ordinance's principal provisions are -
a provision enabling the Governor to direct early payment of the commuted pension gratuity of a deferred pension. Previously this could only be done if coupled to early payment of the relevant reduced pension;
those amending the existing law as regards the assignment or transfer of superannuation benefits under the Pension Benefits Ordinance or the Pensions Ordinance and their liability to attachment, sequestration or levy has been restated and clarified. In effect the position is the same as previously except that if (and only if) the officer concerned consents, the whole of such a benefit may be used to satisfy (in whole or in part) debts owed to the Government (previously there was a limit of 25%). The position regarding the use of superannuation benefits to satisfy salaries tax remains unchanged.
The Ordinance's remaining provisions remove inconsistencies or are otherwise of a technical nature.
3.