TNAG-1670-FCO40-23182-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 231

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Ord. No. 36/87

PENSION BENEFITS

(4) Where a person whose pension or allowance has be suspended under subsection (1) ceases to be engaged in any the capacities specified in that subsection, the Governor may, if he is satisfied that the person has so ceased to be engaged, direct that the pension or allowance shall be restored to him with retrospective effect as from the date of cesser of the engagement or any later date as the Governor shall specify, and the pension or allowance shall be restored accordingly."; (t) by substituting the following for section 17——

"Death gratuity.

(Cap. 89, sub. leg.)

(Cap. 89, sub. leg.)

(Cap. 89, sub. leg.) (Cap. 305.)

(36 of 1987.)

17. (1) Subject to subsection (8), where an officer, who is not on agreement and who has completed not less than 2 years' qualifying service, dies while in service under the Government, there shall be paid a death gratuity of an amount not exceeding-

(a) his annual pensionable emoluments; or

(b) the commuted pension gratuity which he would have received had he retired at the date of his death and opted for reduction of his pension by 25 per cent under regulation 23 of the Pensions Regulations,

whichever is the greater.

(2) In computing a commuted pension gratuity for the purposes of subsection (1), the officer's service shall be deemed to include any period of untaken vacation leave for which an ex gratia payment corresponding to the salary for that period has been granted.

(3) Where a pensioner dies after retirement from service under the Government, there shall be paid a death gratuity of an amount equal to-

(a) in case any pension and gratuity are already paid to

him-

(i) his annual pensionable emoluments; or

(ii) the commuted pension gratuity which he would have received on retirement had he opted for reduction of his pension by 25 per cent under regulation 23 of the Pensions Regulations,

whichever is the greater, less the pension and gratuity already so paid, but excluding any addi- tional pension granted under regulation 31 of the Pensions Regulations,

(b) in case neither a pension nor a gratuity is so paid- (i) his annual pensionable emoluments; or

(ii) the commuted pension gratuity which he would have received on retirement had he opted for the maximum reduction of his pension under the said regulation 23, plus any increase which would have fallen to be paid had section 4(2) of the Pensions (Increase) Ordinance applied to the gratu- ity as it applies to a commuted pension gratuity within the meaning of the Pension Benefits Ordi- nance 1987,

whichever is the greater.