TNAG-1670-FCO40-23182-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 215

A196

Ord. No. 36/87

Computation

and grant of pension

benefits.

Commuted

and reduced

pension.

PENSION BENEFITS

(c) in the case of an officer to whom section 4(1)(b) applies (other th

an officer in respect of whom 100 per cent of substantive sal special allowance and expatriation pay was to be taken as pen- sionable emoluments under the Pensions Ordinance), and who has not further opted under section 8(3)—

(i) 90 per cent of his salary;

(ii) 50 per cent of his expatriation pay;

(iii) 100 per cent of his personal allowance; and

(iv) 90 per cent of his special allowance,

shall be taken as his pensionable emoluments, but not any other emoluments whatever;

(d) in the case of an officer whilst serving in other public service, the emoluments which are pensionable emoluments in accordance with the law or regulations in force in such service shall be taken as his pensionable emoluments.

23. (1) Pension benefits granted to an officer, or to his dependants, shall be computed-

(a) except in the case of a deferred pension, in accordance with the provisions relating to such officer which are in force at the date of his retirement, or death or injury, as the case may be;

(b) in the case of a deferred pension, in accordance with the provisions

which are in force at the date when the officer leaves the service.

(2) Subject to section 21, a separate pension shall be computed and granted in respect of each period of continuous service of an officer in the public service.

24. (1) Subject to subsections (5) and (7), an officer to whom any pension gratuity pension is to be granted under this Ordinance, other than a pension under section 14 and an additional pension under section 15, shall, if he has exercised his option in accordance with subsections (2) and (3) of this section, be paid, in lieu of any such pension or aggregate of the pensions, a reduced pension at the rate of 50, 55, 60, 65, 70, 75, 80, 85, 90 or 95 per cent of the pension, or a similar percentage of the aggregate of the pensions, according to the option exercised, together with a commuted pension gratuity equal to 14 times the amount of the reduction so made in the annual pension or aggregate annual pensions.

(2) The option referred to in subsection (1) shall be exercised, and if it has been exercised may be revoked, not later than the day immediately preceding the date of such officer's retirement or, in the case of a deferred pension, not later than the date immediately preceding the date on which such officer attains the age when the deferred pension is payable under section 7(a):

Provided that the Governor may, if it appears to him equitable in all the circumstances so to do, allow an officer in any particular case to exercise the option, or revoke an option previously exercised, at any time between that date and the actual date when the pension or aggregate pensions is payable for the first time.