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Ord. No. 61/88
L.S.
PENSION BENEFITS (MISCELLANEOUS
AMENDMENTS)
HONG KONG
No. 61 OF 1988
I assent.
David WILSON,
Governor.
14 July 1988
An Ordinance to make further provisions regarding pensions and other
benefits related to the public service.
[15 July 1988]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
Short title
1. This Ordinance may be cited as the Pension Benefits (Miscellane- ous Amendments) Ordinance 1988.
Section
Pension Benefits Ordinance 1987
Section 7 of the Pension Benefits Ordinance 1987 is repealed and
the following substituted—
2.
substituted
(36 of 1987)
"Time for payment of pension
7.
Subject to section 26, payment of a pension granted
to an officer shall—
(a) in case he is an officer to whom section 11(1)(e), (ƒ)
or (j) applies—
(i) where he is a serving officer, be deferred until he attains the age of 55 years; or
(ii) where he is a Scheduled officer who is or was appointed or re-appointed to service under the Gov- ernment on or after 1 July 1987, be deferred until the day on which he attains the age of 60 years or the age prescribed by a notice under section 10(3) which is applicable to the rank or grade held by him at the time when the pension is or was granted, whichever of those days is the earlier; or
3.
PENSION BENEFITS (MISCELLANEOUS AMENDMENTS)
Ord. No. 61/88
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(iii) where he is an officer appointed on or after 1 July 1987, other than a Scheduled officer, be deferred until he attains the age of 60 years,
or in any such case where the Governor so directs, be deferred until such day, being a day which is earlier than would otherwise be the case under this paragraph, as is specified in the direction;
(b) where the pension is granted under a compensation scheme, be made upon the retirement of the officer under section 11(1)(i) as prescribed in the compensa- tion scheme; and
(c) in any other case, be made as soon as possible after
the retirement of the officer.".
Section 10(3) is amended by repealing all the words before the Retirement age proviso and substituting—
Schedule
4.
"(3) The retirement age of a Scheduled officer, who is either a serving officer or an officer appointed or re-appointed to service under the Government on or after 1 July 1987, shall be when he attains the age of 60 years or in case he holds a rank or grade, or a class of rank or grade, specified in the Schedule and in relation to which an age, being an age less than 60 years but not less than 55 years, is specified by—-
(a) in the case of a Scheduled officer of a directorate
rank, the Governor; or
(b) in the case of a Scheduled officer of a senior rank or rank and file grade, the Head of the Department concerned,
in a notice published for the purposes of this subsection in the Gazette and not withdrawn, the age so specified:".
Section 10 is amended by adding after subsection (4) —— "(5) Each of the six orders published in the Gazette on 10 July 1987 in Legal Notices Nos. 206, 207, 208, 209, 210 and 211, respec- tively, shall be regarded as being a notice published for the purposes of subsection (3).”.
5. Section 24(6) is repealed and the following substituted-
“(6) (a) Subject to paragraph (c) and subsection (7), a commuted
pension gratuity shall be payable—
Certain orders
to be regarded as notices for purposes of section 10(3)
Commuted pension gratuity and reduced
(i) in case the relevant pension is a deferred pension, when that pension pension is payable under section 7 for the first time;
(ii) in case a direction is given by the Governor under section 11(2) in relation to the relevant pension, when that pension would be payable for the first time if it were a deferred pension;
(iii) in any other case, when the relevant reduced pension is payable under this Ordinance for the first time.
(b) The Governor may, as regards a particular case, direct that a commuted pension gratuity shall be payable on a day specified in