TNAG-1670-FCO40-23182-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 202

PENSION BENEFITS

Ord. No. 36/87

A 183

rving officer" means an officer who has opted in accordance with subsection (1) of section 8 and whose option has not been rejected under subsection (2) of that section;

"short service gratuity” means a short service gratuity granted to an officer

under section 32;

"special allowance" means a special addition to salary declared to be pensionable by a resolution of the Legislative Council under section 3; "spouse" means the person to whom an officer is, by reason of the form of

marriage contracted, lawfully married;

"wife", in relation to an officer, means-

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

marriage or its civil equivalent; or

(b) where there is no such wife and the officer is Chinese the kit fat or

tin fong wife; or

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

and "widow" shall be construed accordingly.

(2) For the avoidance of doubt it is hereby declared that, where an officer has been confirmed in an established office and is thereafter appoin- ted to another established office, then, unless the terms of such appointment otherwise require, such last mentioned office is, for the purposes of this Ordinance, an office in which he has been confirmed.

3. (1) The Legislative Council may by resolution declare a special addition to salary to be pensionable as a special allowance.

(2) A resolution under subsection (1) shall specify the date from which it shall have effect and such date may be before the date on which the resolution is passed but shall not be before 1 November 1967.

Legislative Council may

grant special allowance.

4. (1) Subject to subsections (2) and (3) and to any exemption under Application. section 33, this Ordinance applies to-

(a) every officer who is appointed or re-appointed to service under the Government on or after 1 July 1987, whether on transfer from

other public service or otherwise, on terms which attract pension benefits under this Ordinance;

(b) every serving officer; and

(c) every officer who, under section 9, is deemed to have opted under

section 8(1).

(2) No officer shall derive any pension, gratuity or other allowance under the Pensions Ordinance and pension benefits under this Ordinance in (Cap. 89.) respect of the same period of service.

(3) This Ordinance shall not apply to judicial officers.

5. Except as otherwise provided in this Ordinance, the entitlement to Pension pension benefits shall be a right.

benefits to be

of right.