officers up to the appointed day; it is only added in the calculation after that day for officers who remain in the service of the HK Government or the SAR, whose compensation will also be recalculated, and in the calculation made if an officer is subsequently transferred to the Home Civil Service or Diplomatic Service. Is this agreed ?
§ 10 Compensation, General rule: I have adapted the Kenya provisions for recalculation of compensation for entitled officers who remain in service. Their compensation will be recalculated on the dates of payment of instalments, so long as they remain in HKSAR service, and on the date of their retirement. The most beneficial calculation will prevail subject to it not exceeding the maximum sum which is also recalculated for this category of entitled officer. Entitled officers who retire, or go on retirement leave, on the day following their appointed day have their compensation and maximum sum calculated only once i.e. on the appointed day.
Please note I have changed the expression "notional retirement salary" to "notional emoluments". Is paragraph 10(4)(d)(ii) correct ?
§ 11 Superseded officers: I have drafted this paragraph on the basis that only one calculation is made for the comparable compensation figure and the maximum sum (i.e. on the appointed day), but it would be possible to draft it in terms which allowed for a recalculation if the officer remained in service, on the same basis as in paragraph 10. But is there any purpose in doing so? A recalculation of of the comparable pension figure would only take into account age and service, not promotion, and the 5% increase on the lump sum may well be greater that the RPI on the compensation figure and the maximum sum. Would the sums involved in recalculation be of any significance ? there be any possibility that the result of recalculation after initial instalments had been paid would give rise to an overpayment and, if so, would it not be the case that such an overpayment would have to be recovered from the officer ? ODA will need to work out some illustrative
Would