1963-HKRS28-8-30_Part01 — Page 39

Amendment

on a scale applicable prior to the 1st day of July, 1959 (that is to say, the date on which the Salaries Commission Report, 1959, was implemented), means the aggregate of-

(a) the salary of an officer's substantive appointment or appoint. ments including personal allowances in the nature of salary: and

(b) fifty per cent of expatriation pay and personal allowances in

place of expatriation pay:

"salary", in respect of service after the 30th day of June, 1959, except in the case of an officer who continues for the time being in receipt of a salary on a scale applicable prior to the 1st day of July, 1959, means the aggregate of—

(a) niasty per cent of the salary of an officer's substantive appoint- ment or appointments including personal allowances in the nature of salary; and

(b) fifty per cent of expatriation pay and personal allowances in

place of expatriation pay:".

(2) The amendment to the principal Ordinance made by this sec- tion shall be deemed to have had effect from the 1st day of October, 1953.

3. Section B of the principal Ordinance is amended by the inser- of section B. tion in subsection (1), after the figures "30", of the following-

"and section 30A”.

Amendment

of section 10.

Addition of TH

section IQA.

4. Section 10 of the principal Ordinance is amended by-- (a) the deletion of subsections (2), (3), (5) and (6); and (b) the substitution therefor of the following new subsection- “(5) An officer who, having continued to contribute after leaving the public service, subsequently becomes a widower, shall thereupon, or upon the last of any of his children ceasing to be pensionable (whichever event last happens), cease to contribute and to have any rights under this Ordinance.".

The principal Ordinance is amended by the addition, after section 10. of the following new section- "Repayment

5.

10 bachelors and

widowers.

without pensionable children.

10A. (1) A bachelor or a widower without children pensionable under this Ordinance, who leaves the public service with or without pension on transfer or on retirement or on dismissal or otherwise, shall not be required to make any further contribution, and shall receive back, unless he elects to continue being a contributor-

(a) in the case of a bachelor, the amount of the con- tributions paid by him with compound interest thereon; and

(b) in the case of a widower, the amount of cou- tributions paid by bim during the period from the death of his last wife or the date upon which he ceased to have any child pensionable under this Ordinance, whichever last occurred, with com- pound interest thereon:

Provided that, in the case of an officer who is dis- missed from the public service, contributions repayable under subsections (2) and (b) shall be repaid without interest.

(2) Where a bachelor or a widower without children pensionable under this Ordinance dies while in the public service, his legal representative shall receive back-

(a) in the case of a balchelor, the amount of the con- tributions paid by him with compound interest thereon: and

(6) in the case of a widower, the amount of the coa- tributions paid by him during the period from the death of his last wife or the date upon which be ceased to have any child pensionable under this Ordinance, whichever last occurred, with compound interest thereon.

(3) For the purposes of subsection (1), unless within six months after the date when be leaves the public service an officer has by notice in writing to the Accountant General elected to continue being a contributor, he shall be deemed to have elected to discontinue being a contributor.

(4) Subject to the provisions of section 14, in the case of an officer who leaves the public service on transfer to any other office under the Crown, an election made under subsection (1) shall be irrevocable,

(5) For the purposes of this section, interest shall be calculated at two and a half per cent per annum with annual rests on the 31st day of December in each year; the interest beginning to accrue in respect of each contribution on the 1st day of January following the day upon which the contribution is paid and ceasing on the last day of the month preceding the month in which payment under this section is made.

(6) Where contributions become repayable under this section and at the time the officer has acknowledged a debt as being due to the Government or the existence of such a debt has been established in any court, the amount of such debt shall be deducted from the contributions so re- payable.".