TNAG-1670-FCO40-23182-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 244

(Cap. 89, sub. leg.) (36 of 1987.)

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

PENSION BENEFITS

Ord. No. 36/87

A225

pension under the Pension Benefits Ordinance 1987 in the same manner as a basic pension as regards the period from the date the deferred pension is granted to the date when the commuted pension gratuity is paid.

(3) Subsection (1) shall apply to a basic pension which is an additional pension granted under regulation 31 of the Pensions Regulations or section 15 of the Pension Benefits Ordinance 1987.

(4) Where an officer is granted a pension under section 6(2) of the Pensions Ordinance and opts under regulation 23 of the Pensions Regulations to receive a gratuity (in lieu of part of his pension), then as regards the period beginning on the date on which the pension is granted and ending on-

(a) the day immediately preceding the day on and from which, assuming he does not sooner die, he could, subject to the provisions of this Ordinance, expect payment of the pension to be made, or

(b) in case he so dies, the day on which he dies, subsection (1) shall apply to the gratuity in the same manner as it applies, as regards that period, to a basic pension mentioned in that subsection.";

(e) in section 5 by inserting after "Pensions Ordinance" the following-- (36 of 1987.) "(except subsection (4) thereof), section 21 of the Pension

Benefits Ordinance 1987 (except subsection (2) thereof)";

(f) in section 6 by deleting "general revenues of Hong Kong" and

substituting the following-

"general revenue"; and

(g) in the First Schedule by inserting after "Pensions Ordinance" the

following-

(36 of 1987.)

"Pension Benefits Ordinance 1987".

39. The Widows and Orphans Pension Ordinance shall be amended as Amendment of follows

(a) in section 2A-

(36 of 1987.)

Widows and Orphans Pension

(i) by deleting "Save" from subsection (1) and substituting the Ordinance. following-

"Subject to subsection (4) and save"; and

(ii) by inserting the following subsection after subsection (4)— "(5) In the case of an officer who has elected and who has subsequently opted under subsections (1) and (3) of section 8 of the Pension Benefits Ordinance 1987, salary, in respect of his service from the material date which is determined for the purposes of regulation 16(5) of the Pension Benefits Regula- tions 1987, means the aggregate of-

(a) the salary of the officer's substantive appointment

or appointments; and

(b) expatriation pay and personal allowances in place

of expatriation pay, if any.";

(Cap. 94.)