(Cap. 205.)
Annalcarbon at Cap. 94.
Consequendal amendments-
ICLP. MJ
16
(c) the aggregate rate of both a widow's and a children's pension, as the case may be, shall at any time be less than the rate that would have been payable under the existing Ordinance and the Widows and Orphans Pension (Increase) Ordinance, if the contributor had been treated for The purposes of the existing Ordinance as having transferred to other public service and as having ceased to contribute under the exist- ing Ordinance as from the date applicable to him under section 3(2), it shall be increased to the last mentioned rale and in the case of both a widow's and a children's pension, the increase shall be divided between the two in the proportion each bears to the aggregate; and subject to such increase, this Ordinance shall apply mutalis mutandis to that pension or those pensions as it applies to other pensions granted under its provisions.
26. Subject to this Ordinance, the existing Ordinance shall cease to apply to and in relation to a public office on and after the day from which this Ordinance first applies to him, and be shall be deemed to have surrendered all claims to benefit under the existing Ordinance, save jo relation to~~~~
(a) contributions made by the officer under the existing Ordinance and to any pension due in respect of those contributions if
the officer did not make any contributions under the exist ing Ordinance in respect of the day immediately before that day;
or
(0 the officer ceased to contribute under the existing Ordinance in pursuance of section 35 of that Ordinance:
(b) a pension that officer is receiving as the widow of a deceased
contributer under the existing Ordinance.
17. (1) The Widows and Orphans Pensions Ordinance is amended by adding after section 34 the following new sections-
con uutet
under Widows"
and Children's
Pensions
Scheme to edithdraw Drain This Scheme.
38. Any officer making contributions under this Ordin- ance who
(a) was ooi in service under the Government at the commencement of the Widows' and Children's Pen- sions Ordinance 1977 but was appointed to such service thereafter, or
(6) was at the commencement of that Ordinance in service under the Government On agrcement as defined in section 2 of that Ordinance (irres- pective of whether auch service subsequently be- comes pensionable service by refund or surrender of gratuity); or
(c) (1) was at the commencement of that Ordinance in service under the Government on non-peasion- able terms otherwise than on agreement as defined in section 2 of that Ordinance;
(ii) Failed to make an election under section 300XeX0) of that Ordinance within the time it had to be made; and
(ü) after commencement of that Ordinance is appointed to service under the Government on pensionable terms,
shall cease or be deemed, except for the purposes of paragraph (1) of the proviso to section 13(1a) of that Ordinance, to have ceased, to make contributions under
No Dew
contribworl wher
commonenesment
o Widaw and Cubran'a Persone
Scbcrc.
17
this Ordinance from the date of the commencement of the period in respect of which he makes contributions under that Ordinance, and a pension to his wife or children (if any) shall be computed on the basis of the potential benefit acquired by such contributor at the date of his ceasing to contribute.
36. No person who is not a contributor before the commencement of the Widows' and Children's Pensions Ordinance 1977 shall be required or be permitted to become a contributor under this Ordinance on the day of or after such commencement.".
(2) The Pensions (Jocresse) Ordinance is amended-
(a) in section 3011e) by adding after "of a deceased officer" the
following-
" or payable in respect of any child of a deceased officer under the Widows" and Children's Pensions Ordinance 19777;
() in the First 'Schedule by adding the following-
"Widows' and Children's Pensions Ordinance 1977".
(p. 304,1
provisko.
28 (1) Notwithstanding the definition of "public officer" in section Trundlḥpoza) 201), any contributor under the existing Ordinance who at the commence- meat of this Ordigance is under the age of 18 years, shall for all purposES of this Ordinance bc deemed to be of the age of 18 years at the com- mencement of this Ordinance and until such time as be attains that age.
(2) Notwithstanding anything to the contrary in this Ordinance, a person who at the commencement of thia Ordinance is both making contributions under the existing Ordinance and is in service under the Government on non-pensionable torms otherwise than on agreement shall, for so long as he continues to serve on such terms, be deemed for all purposes of this Ordinance to be a public officer in service under the Government unless he fails to make an election under section 3(1)(a) within the time it has to be made, and for the avoidance of doubt it is hereby declared that section 6 shall not preclude the grant of a pension in relation to him unless it would have done so had he been a public officer.
(3) Notwithstanding that this Ordinance does not apply to a public officer who holds the post of police constable, constable Hawker Contral Force, fireman, ambulancemad, assistant officer 11, preventive officer or assistant revenue officer at the commencement of this Ordinance and does not elect under section (1) for the application to him of this Ordinance. the Ordinance shall apply to him on and after the date with effect from which he is promoted or otherwise appointed as a public officer in service under the Government in any post other than that so held by him, or the commencement of this Ordidance, whichever is the later,
1.
SCHEDULE
Is. 3(1) & (3)1
APPLICATION OF ORDINANCE TO CERTAIN OFFICERS
This Ordinance shall apply to a divorced or widowed female public officer who elects that this Ordinance shall apply to her-
(4) in the case of a person who was such an officer at the commence- ment of this Ordinance, within the period applicable under section (1X-XIX