23
15. The following section is inserted in the principal addition of Ordinance immediately after section 17 thereof :-
Commu-
cases.
new section in Ordinance
18. It shall be in the discretion of the directors No. 15 of
tation of to commute the pension payable to a widow 1908. pension in certain residing in China or in any other country where the payment of pension is impracticable, by the payment of such amount as may be agreed on with the widow, which shall vary according to the widow's age, and such widow or the children of the contributor shall have no further rights under this Ordinance: Provided always that such amount shall not exceed such number of years purchase of such pension as may be fixed by the directors and approved by the Governor in Council under the provisions of section 30.
16. Section 21 of the principal Ordinance is repealed Amendment and the following section is substituted therefor
of Ordinance No. 15 of
Provision 21.-(1) When the marriage of an officer has 1908, s. 21.
been dissolved at the suit of the husband, the former wife of such officer shall, for the purposes of this Ordinance, be considered as if she were dead.
for disso. lution of marriage and for declara- tion of nullity.
(2) When the marriage of an officer has been dissolved at the suit of the wife, such wife unless and until she marries again, or the children (if any) of such marriage while of pensionable age, shall upon the death of such officer be entitled to the pension payable under this Ordinance to the exclusion of any subsequent wife, and of the children of any subsequent marriage, of such officer.
(3) When the marriage or pretended marriage of an officer has been declared null and void, the former wife or former pretended wife of such officer shall, for the purposes of this Ordinance, be considered as if she were dead.
(4) In this section dissolution of marriage means a dissolution by the decree of some court in His Majesty's dominions or in some place where His Majesty has jurisdiction or in some British Protectorate, and declared null and void means declared null and void by some court falling within the above description.
17. The following sections are added to the principal Addition of Ordinance at the end thereof:-
Power to order refunds
new sections to Ordinance 33.-(1) Where an officer has contributed in No. 15 of the mistaken belief that he was liable under the 1908. of contri- Ordinance to contribute it shall be lawful for the Governor in Council to order the amount of the contributions so made to be refunded to such officer.
butions.
(2) Where any officer is under paragraph (2) of section 3 excluded by the Governor in Council from the operation of the Ordinance it shall be lawful for the Governor in Council to order any contributions made by such officer to be refunded to him.
(3) Where the liability of any officer to con- tribute under any Ordinance relating to widows, and orphans' pensions has been determined by or under any subsequent enactment it shall be lawful for the Governor in Council to order one half of the aggregate of any contributions made by such officer during the period of liability to be refunded to him: Provided that this sub- section shall not apply where such liability has been determined by virtue of the provisions of sections (2), 8 or 9.