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(i) after "United Kingdom of Great-Britain-end Northern
Ireland", of "United Republic of Tanzania",
Clerk of Councils.
COUNCIL CHAMBER,
2nd February 1967.
Explanatory Note.
(This Note is not part of the regulations, but is intended to indicate their general purport).
A marriage gratuity granted under regulation & of the Pensions Regulations (the principal regulations) may not exceed one-twelfth of one mooth's pensionable emoluments for each completed month of service or One Year's pensionable emoluments, whichever is less. The earning rate for this gratuity is, therefore, one one-hundred-and-forty-fourth of the officer's annual pensionable emoluments for each completed month of service. The gratuity earning rate under regulation $, which provides for the grant of a gratuity to an officer who retires in other approved circumstances, is one one-hundred-and-twentieth of the officer's annual pensionable emoluments for each completed month of service. It is considered that the earning rate in the case of a marriage gratuity should not be less favourable than that under regulation 5. Regulation 2 of these regulations revokes regulation 6 of the principal regulations and replaces it with a new regula- tion, based on a revised model regulation, which provides that the earning rate in the case of a marriage gratuity under regulation 6 will be the same as that for a gratully under regulation 5. This amendment, whilst fallowing the model provision, has been framed so that the level of benefits is unchanged.
The amendment made to regulation 8 of the principal regulations is consequent upon the provisions of the Federation of Rhodesia and Nyasaland (Dissolution) Order in Council 1969 (9.1. 1963 No. 2085) whereby future pensions in respect of service under the Government of the Federa - tion will be paid out of the Central African Pension Fund.
3. Regulation 4 of these regulations deletes paragraphs (0) and (5) of the proviso ta paragraph (3) of regulation 9 of the principal regulations. The effect of the new paragraph (p) is that a period of non-pensionable no pay leave, whether taken during an officer's service in Hong Kong or during his service under a Scheduled Goverment, is not taken into account in calculating the aggregate amount of a transferred officer's pensionable emoluments for the purposes of regulation 9. Previously, such leave taken during the officer's service in Hong Kong was taken into account, whilst such leave taken during his service under a Scheduled Government was not.
4. Paragraph (5) of the proviso to paragraph (3) of regulation 9 bas been replaced to overcome certain problems which arose in respect of its application to other public service.
5. Regulation $ revokes and replaces regulation 13 of the principal regulations. As a result of this wmendment, where a female officer retires
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from other public service for the reason that she has married or is about to marry and is not eligible for a marriage gratuity under the provisions in the law of that public service corresponding to regulation 6 of the principal regulations, the Hong Kong Government may under regulation 13 pay her a marriage gratuity in respect of her service in Hong Kong it whe is otherwise qualified under reguladon 6. Previously no marriage gratuity was payable by the Hong Kong Government in such a case.
5.
Under the new regulation 13, the officer may be granted in respect of her public service under the Government of Hong Kong a gratuity not exceeding four and one-sixth times the annual amount of the pension for which she would have been eligible under regulation 9, 10 or 11 bad there been no qualifying period and had regulation 9, 10 or 11, as the case may be, been applicabk to her.
7,
For the purpose of computing the amount of this gratuity the provisions of regulation 9, 10 or 11 are to be applied, save that the annual amount of the hypothetical pension for which she would have been eligible under these regulations is not to exceed six twenty-fifths of her annual pensionable emolumcats. Hitherto, the gratuity granted to the officer under regulation 13 was one which bore to the gratuity for which she would be eligible if the whole of her public service had been in the service in which she was last employed the proportion which her service in Hong Kong bore to her total public service, This method of apportioning the cost of the "hypothetical" gratuity under regulation 13 by using periods of service instead of aggregate pensionable emoluments produced an unfair distribu- tion in the sharing of the cost of mixed service pensions. The new regula- tion 13 rectifies this and puts the calculation of mixed service marriage gratuities on the same basis as other mixed service awards.
*. Regulation & amends the proviso to the definition of “salary” and "pay" in regulation 25 and is consequent upon Government's implementa- tion of the recommendation of the Hong Kong Salaries Commission 1965 that in future pensions in Government should be computed on the basis of one bundred per cent of substantive salary,
9. By regulation 7, provisions similar to regulation 18 of the principal regulations have been adopted for the purpose of computing the amount of nine months' salary for the purposes of paragraph (2)(o)6) of regula- Gon 29.
10. Regulation & amends the Schedule to the principal regulations in consequence of various constitutional changes and, in the case of British Antarctic Territory, in consequence of the decision of that Territory to adopt the pensions legislation now existing in the Falkland Islands, which includes the normal inter-scheduling arrangements.
(Secretariat CR 197/650)