1977-HKRS28-16-25_Part04 — Page 32

(Cap. 94)

(Cap. 29.)

(Cap. BY. sub. Jeg.)

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Ordinance to which that Ordinance does not cease to apply under section 16;

"contributor" means an officer to whom this Ordinance applies; "contributory service" in relation to a public officer means the tatal period or periods in respect of which be made contributions notwithstanding the return of any contributions under section 14(2)(b) or (c); "the deceased" means a deceased contributor;

"Directors" means the Board of Directors established by section 4; "existing Ordinance" means the Widows and Orphans Pension Ordinance: "marriage", in relation to any public officer, does not include a marriage which takes place after the officer has ceased to hold public office; "medical grounds" in relation to the retirement of a public officer-

(4) from service under the Government, means the circumstances prescribed in paragraph (e) of section 5 of the Pensions Ordinance:

(b) from other public service, means the circumstances prescribed in the law or regulations of the public service in which he was last employed, as correspond to the said paragraph (e); "public officer" means a person of or above the age of 18 years, in

public service on pensionable terms, whether on probation or not; "transferred", in relation to a public officer, means transferred to or from service under the Government from or to other public service; "widows' pension" means a pension granted under section Sta); “wife”, in relation to a contributor, meuns-

(a) the lawful wife of the contributor married to him by a Christian

marriage or its civil equivalent; or

(b) where there is no such wite and the contributor ly Chinese, the

kit fur or sin fong wife; or

(c) where there is no wite under paragraph (a) or (b) and polygamy lawfully subsists, the principal wife recognized as such by the personal law of the contributor,

and "widow" shall be construed accordingly.

(2) The expressions "other public service", "pensionable emoluments”, "pensionable office" and "public service" have the respective meanings assigned to them by section 2 of the Pensions Ordinance, and the ex- pression "pensionable service" has the meaning assigned to it by regula- tion 2 of the Feusions Regulations, in each case at the commencement of This Ordinance.

(3) (a) The expression "the rate of the pension of the deceased” means the annual rate of the basic pension of the deceased plus any increase it would have attracted under any Ordinance provid- ing for the grant of increases in pension had it been a pension under the Pensions Ordinance, and in the case of a public officer who retired or transferred to other public service before attaining the age of 55 years. shall include any such increase it would have "attracted had the officer attained that age prior to his retirement or transfer, and, in the case of an officer who trans- ferred, had instead retired.

(5) Subject to section 7 the expression "the annual rate of the basic pension of the deceased" in paragraph (d) means a sum calculated at the rate of one six-hundredth of his annual pensionable emolu- ments or annual emoluments that would have been pensionable emoluments had he been serving on pensionable terms, in both cases at the time of his retirement or transfer from service under

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the Government or his death prior to such retiremeol, as the case may be, for each complete month of bis contributory service subject to a maximum of 400 months, and for the purpose of this section in determining such emoluments regulation 18 of the Pensions Regulations (which relates to averaging of emoluments) shall apply mutatis mutander as it applies for the purpose of computing pensions under the Pensions Ordinance.

(4) A reference in this Ordinance to an adopted child of a person shall be construed as a reference to a child adopted in pursuunce of an (Can. 2990) adoption order made under the Adoption Ordinance or by any adoption recognized as valid by the law of Hong Kong, and reference to a person by whom any person has been adopted shall be construed accordingly.

(5) (a) A person shall be deemed for the purposes of this Ordinance to be within the period of childhood and full-time education if→→

(D) in the case of a male-

(A) he is under the age of 18 years, or

(B) he is under the age of 23 years and, subject to paragraph (6) has since attaining the age of 18 years continuously received and is receiving full-time education at any univer- sity, college, school or other educational establishment; (ii) in the case of a female, she is unmarried aod— (A) under the age of 21 years; or

(B) under the age of 23 years and, subject to paragraph (6), has since attaining the age of 21 years continuously received and is receiving full-time education at any university, college, school or other educational establishment.

(b) As respects any period during which the conditions specified in paragraph (a)})}{B) or (akii)(B) are not satisfied in relation to a person, the Directors may, it they think fit and are satisfied that the person's full-time education "ought not to be regarded as completed, direct either--

that the period shall be ignored for the purposes of that paragraph; or

(10) that the period shall be ignored and shall also be treated as part of his full-time education for all the other purposes of this Ordinance, except for such purposes (if any) as may be specified in the direction),

(6) Where the marriage of any male public officer has been annulled or dissolved by the decree of any competent court or in any other manner recognized as effective for that purpose by the law of Hong Kong, this Ordinance shall have effect in relation to him as if his wife had died, and the officer shall be deemed to have become a widower at the date of such decree or on such other date, as the case may be, when the anoulkment or dissolution took effect.

3. (1) Subject to the Schedule and subsection (3), this Ordinance Application of shall apply to-

Chidiarnos. Schedule.

(a) every public officer in service as a public officer under the Government at the commencement of this Ordinance who-

(i) within 12 months or such greater period as the Governor may by order under subsection (4) prescribe for the purpose of this sub paragraph, following such commencement, elects that this Ordinance shall apply to him; or

G0 in the case of an unmarried male officer who has not so elected and who subsequently marries, within 6 months of the date of his marriage elects that this Ordinance shall apply to him: