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17 June 1992

HKA 233/1

BY FAX

D S Fish Esq

ODA

East Kilbride

DIEV

Foreign & Commonwealth

Office

London SWIA 2AH

Telephone: 071-270 2652

397

Dear Dave,

HMOCS : COUNTING BOUGHT-BACK SERVICE FOR PENSION/COMPENSATION

1.

In trying to establish whether we can legally exclude

bought-back years from calculations for compensation in our scheme for Hong Kong HMOCS officers, I should be grateful for your comments on the following.

2. First, since Mr Fifoot does not recall any reference in previous schemes to the buying back of pensionable years, it would be helpful to know how relevant this was in previous compensation schemes, or whether it was relevant on a scale comparable to what is possible in Hong Kong.

3.

Second, we need to be clear about current practice in the UK. Are pensionable years which UK civil servants buy back discounted in determining reckonable service for compensatory annual payments or lump sum payments in the event of early termination of employment? If so, this would reinforce any argument for disregarding bought-back service. If not, it would be a powerful argument which the HMOCS Association could use, particularly if the buy-back arrangements in previous dependent territories were not significant.

4. I should be grateful for an early reply, as we want to try to wrap this up at the same time as clarifying our position with respect to judges and judicial officers on their eligibility to become members of HMOCS.

Yours sincerely,

Emma Williams Емма

E L Williams

Hong Kong Department

buyback

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