1988 Ed.]

Pension Benefits

[CAP. 99

3

(a) in respect of service under the Government, an office which—

(i) by virtue of provision for the time being in force in an Order made by the Governor and published in the Gazette, is declared to be an established office; and any such Order may specify a date prior to such Order from which the office is deemed to be an established office: and any such Order may from time to time be amended, added to or revoked by an Order so made and published; but where by virtue of any such amendment or revocation any office ceases to be an established office, then so long as any officer holding that office at the time of the amendment or revocation continues therein, the office shall, as respects that officer, continue to be an established office; or

(ii) immediately preceding 1 July 1987 was pensionable whether to holders of such office generally or to a particular holder; and such office shall be an established office until declared to be no longer an established office by an Order made by the Governor and published in the Gazette; and such Order shall have the like effect as an Order made under subparagraph (i) revoking an Order made under this Ordinance; but no declaration that any office is an established office shall be deemed to imply that any holder thereof who is not confirmed in an established office at the date of his retirement shall be the holder of an established office; or

(iii) by virtue of an Order made by the Governor and published in the Gazette, is declared to be deemed to have been an established office; and any such Order may specify the period during which the office is deemed to have been an established office;

(b) in respect of other public service, an office which is for the time being a pensionable office under the law or regulations in force in such service; "expatriation pay" means a special addition to salary granted in accordance with the Regulations of the Government governing such pay;

"highest pensionable emoluments" means the highest annual pensionable emoluments determined in accordance with the regulations;

"judicial officer" means an officer holding a judicial office as defined in the Public Service Commission Ordinance (Cap. 93);

"non-established office" means an office in the public service which is not an established office;

"notional highest pensionable emoluments" means the highest pensionable emoluments enjoyed or drawn by an officer during his service which are deemed for the purposes of this Ordinance to be increased in value by the same percentage as the authorized increase since the date when he left the service up to the date he attains his retirement age or the date of his death, whichever is the earlier;

"officer" means any person who is appointed or re-appointed to the public service and to whom this Ordinance applies;

"other public service" means public service not under the Government; "pension" means any pension or deferred pension (other than an additional pension or a dependant pension) granted, payable or paid under this Ordinance.

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