1977-HKRS28-16-25_Part04 — Page 36

10

is to say, by a lump sum paid by his personal representatives our of his estate, or by deduction from any gratuity or other sum de to his estate, or by deduction from or withholding the widow's or children's pension, as the Director of Accounting Services may Think fit.

(2) For the purposes of subsection (1)o), an officer's pensionable emoluments or emoluments that would have been pensionable shall-

(a) in respect of any period prior to the date on which this Ordinance first applied to him, in the case of an officer to whom this Ordinance applies by virtue of an election under section 3(XaXii) be those cajoyed by him at the date of his marriage;

(b) in respect of any period of absence on leave without pay that is taken into account as pensionable service under regulation 21(2) or (d) of the Pensions Regulations, be those he would have enjoyed had he not been on leave;

(c) in respect of any period of service otherwise than on pensionable terms being a period prior to the date on which this Ordinance first applied to him, be those enjoyed by him on the date of his appointment as a public officer in service under the Government; (d) lo respect of any period of service prior to the date on which this Ordinance first applied to her, in the case of a female officer who makes an election under section 24(d), be those enjoyed by her on that dale;

(e) in respect of any other period, be those enjoyed by him from

time to tima.

(3) A contributor may, at the same time as he elects that this Ordio- ance shall apply to him or, where he does not so elect, within 6 months of the date on which this Ordinunce first applies to him, elect to make contributions at the rate of 4 per cent of his pensionable emoluments, and except in the case of a contributor to whom this Ordinance applies by virtue of an election under section HiXa), during the period prior to hiệ election as to such rate, contributions may be deducicd at the mic of 3 per cent of his pensionable emoluments," and, if he becomes liable to contribute at the rate of 4 per cent for that period by electing for tha rate, the difference recovered in such manner as the Director of Accounting Services may deem fit.

(4) An officer to whom this Ordinance applies by virtue of an election made under section 3(X)(i) or who made an election under se tion (2K&Kii) shall pay upon the arrears of contributions arising out of the election and due in respect of the period specified in subsection (200 or (2Xc), as the case may be, where they are paid by instalments an addition to compensate for payment in arrear càlculated in accordance with a formula determined for that purpose by an actuary appointed by the Governor, and, notwithstanding anything to the contrary in this Ordinance, if he dies or retires on medical grounds before paying all arrears of contributions arising out of the election, such arrears and addi- lion shall, for all purposes of this Ordinance other than of section 14, be deemed to have been paid in futt on the date of his death or retirement.

(5) Where any contributor or other person has to pay any contribu- tions that will thereafter have to be returned to him, the Director of Accounting Services may by written notice to that contributor or person sci off the contributions to be paid against the contributions to be returned and thereupon the contributions so set off shall be deemed to have been duly paid and to have been duly returned with interest,

11

14. (1) Where a contributor ceases to be a public officer in such Return of dircumstances, other than his death, that he is not eligible for the grant perfoudonK

And Hunder of a pension under the Pensions Ordinance and would not have become of seeds. eligible for such a pension in the circumstances described in paragraph (cas, 89.) (b) or (c) of section 6, the whole of his contributions shall be returned lo him.

(2) Where a contributor ceases to be a public officer in circumstances in which he is only eligible for a gratuity under regulation 3 of the Pensions Regulations, or in which he is eligible for a pension under the (Cap 89.) Pensions Ordinance (other than a pension under regulation 31 of the b. b. Pensions Regulations), or where a contributor transfers to other public service, then-

(c) if he has dever married, the whole of his contributions shall be

returned to him;

(8) if he had no wife throughout the period in respect of which he made contributions, the whole of his contributions shall be returned to him, but he shall retain such rights as might enure under this Ordinance to his children;

(c) [f he had a wife at any time during the period in respect of which ha made contributions, but has no wife when he ceases to be a public officer, there shall be returned to him such of those con- tributions, beginning with the last of them, as is necessary la secure that the period in respect of which such contributions have been paid by him without being returned does not extend beyond the date when be last had a wife, and he shall retain such rights as might enure under this Ordinance to his children;

(d) if paragraphs (a). (b) and (c) do not apply to him, and be is only eligible for a gratuity under regulation 5 of the Pensions Regula- tions he may, unless he retired from the public service on medicat grounds, elect within 3 months of ceasing to be a public officer. that the whole of his contributions be returned to him.

(3) Where a contributor ceases to be a public officer by reason of bis death-

(c) if he had never married, the whole of his contributions shall be

returned to his personal representative;

(8) if he had no wife throughout the period în respect of which be made contributions, and at the time of his death has no child who is entitled to a children's pension or share thereof, the whole of his contributions shall be returned to his personal representative:

(d) if he had a wife at any time during the period in respect of which he made contributions, but at The time of his death has no wife nor any child who is entitled to a children's pension of share thereof. there shall be returned to him such of those con- tributions. beginning with the last of them, as is necessary to secure that the period in respect of which such contributions. have been paid by him without being returned does not extend beyond the date when he last had a wife.

(4) Where a contributor's contributory service is in excess of 400 months, then upon bis ceasing to be a public officer there shall be returned to him or to his legal personal representative, such of those contributions made under this Ordinance as relate to the period in excess of 400 complete months and are not returned to him under the other provisions of this section; and such rights as might enure to his wife or children shall be retained.