1977-HKRS28-16-25_Part04 — Page 35

Authenticated Laws 確真本香港法例 All

Bankrucy of a widow or chikt.

Role and rande

of payment of

anbullus.

8

(3) Subject to subsection (4), where the deceased leaves a widow, the annual rate of a children's pension during her life-

(a) while there are two or more person for whose benefit it can enure, shall amount to one half of the rate of the pension of the deceased:

(b) while there is only one such person, shall amount to one-fourth of the rate of the pension of the deceased if he is in the care of the widow, or one-third of such pension if in the care of some other person.

(4) Notwithstanding anything in this section, where the deceased leaves a widow and no widow's pension is granted to her, or if one is gripled to her, it ceases in accordance with this Ordinance to be paid before her death, no children's pension shall be payable as respects any period comprised within the life-time of the widow or within the time in respect of which no widow's pension is payable, as the case may be, unless the Directors direct that such a pension shall be so payable, but if the Directors do so direct, they may, if they think fit, further direct that subsection (2) shall apply as respects any such period notwithstanding that the widow is still alive.

(5) (2) Where the annual rate of a children's pension does not exceed the amount determined for the purposes of section 8(5Xa) the Directors may, on the application of any person made within 3 months next fallowing the grant of the pension, compule the pension by paying to such person or persons as they think At a sum which, according to actuarial tables to be prepared from time to time by an actuary appointed by the Governor, is at the data of payment, actuarially equivalent to the value of the pension. (b) This subsection shall not apply where a widow's pension has been granted and the aggregate of the annual rates of the widow's pension and the children's pension exceeds the amount determined for the purposes of section B(Ska)

(6) Notwithstanding anything to the contrary in this Ordinance, mo child shall be eligible for the grant of or to share in two or more children's pensions at the same time, and where but for this subsection a child would have been so eligible, the child shall be deemed to be eligible only in respect of that pension which would in the opinion of the Directors produce the result most favourable to all the children who might benefit from those pensions.

12. If a person to whom a widow's or children's pension has been granted is adjudicated bankrupt or declared insolvent by any competent court in Hong Kong or elsewhere such peasion or that person's share thereof, as the case may be, shall cease as from the date of the adjudication or declaration:

Provided that where pension or share thereof ceases under this section the Directors may from time to time during the remainder of the life of the widow or period of childhood and full-time education of the child, or during such shorter period or periods, either continuous or dis- continuous as they think fit, authorize the payment to the widow or child of an allowance at a tale not exceeding the rate of the pension or share or may authorize the application of such allowance for the maintenance and support of such widow or child, in such manner and at such time as they think dr.

13 (1) Contributions under this Ordinance shall

(a) subject to this section, be equal to 4 per cent if the contributor so elects under subsection (3), and otherwise 3 per cent, of the

9

pensionable emoluments of the contributor, or of his emoluments that would have been pensionable emoluments had he been serving on pensionable terms:

Provided that

if a contributor has to make contributions under this Ordin- ance in respect of any period for which he has already made contributions under the existing Ordinance to which the existing Ordinates ceases to apply under section 26, the latter shall be set off against the former and any balance paid as arrears in accordance with this Ordinance and any surplus refunded without interest;

(i) the contributions of a contributor to whom this Ordinance applies by virtue of an election made under section 301 Maxii), in respect of any period prior to his marriage, shall be equal to 3 per cent of his pensionable emoluments regardless of the rate for which he may elect:

(b) be payable in respect of an officer's pensionable emoluments, or emoluments that would have been pensionable emoluments had he been serving on pensionable terms, in the case of an officer-

(i) to whom section 3(1)(a) applies, from the dute his election under that section becomes effective;

(ii) to whom section 3[1]b) applies. from the date this Ordin- ance applies to him under section 3(2)(b);

(D) transferred to other public service, who subsequently re enters public service under the Government, from the date of his re-entry;

(c) nor be payable in respect of any period of service without pay. except such a period which is taken into account as pensionable service under regulation 21(c) or (d) of the Pensions Regulations. (Cap 29, in which case contributions shall be paid as if the officer had wb. leg.) received the emoluments he would have received had he been in receipt of pay during that period;

(f) be payable until the contributor ceases to be a public officer in

service pader the Governmicat;

(e) be paid-

(i) except as otherwise provided in this Ordinance by deduction from the officer's salary:

(i) in the case of arrears howsoever arising, in a lump sum of sums acceptable to the Director of Accounting Services or by monthly deduction (such deduction being in addition to monthly deduction of current payments under sub-parsgraph (1)), or where the officer is not in receipt of salary, by monthly payment in either case at such rate as the Director of Accounting Services may from time to time consider expedient, or both by lump summ and such deduction or payment:

Provided that the rate of such deduction or payment shall not without the agreement of the officer exceed 5 per cent of his monthly salary or, as the case may be, the amount he would have received as his monthly basic salary had such salary been payable; (ii) in the case of an officer who comunences any period of leave without pay prior to payment in full of any arrears of contributions being paid under sub-paragraph (ii), at the same rate and time as if he was not on such leave until such paymeal in full;

(iv) in the case of contributions owed by a contributor who has died, by any or a combination of the following means, that

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.