TNAG-1670-FCO40-23182-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 278

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(a) dies before any deferred pension is paid to him, there shall be paid a death gratuity of an amount not exceeding the maximum commuted pension gratuity which he would have received had he retired at the date of his retirement in the public interest under section 11(1)(e), his compulsory retirement under section 11(1)(f) or his resignation under section 11(1)(j), as the case may be, and opted for reduction of his pension by 50 per cent under section 24(1), plus any authorized increase; or

(b) dies after any deferred pension is paid to him, there shall be paid a death gratuity of an amount equal to the maximum commuted pension gratuity which he would have received had he opted for reduction of his pension by 50 per cent under section 24(1) plus any authorized increase thereon up to the time when the deferred pension was paid to him for the first time, less any pension benefits already paid or payable to him and any authorized increase thereon up to the time when the deferred pension was paid to him for the first time, but excluding any additional pension granted under section 15(1).

(6) Subject to subsections (7) and (8), in the case of an officer, other than an officer referred to in subsection (5), who dies in the circumstances described in subsection (1) and whose period of qualifying service is—

(a) not less than 5 nor more than 22 years; or

(b) more than 22 years but whose pensionable service is less than 22

years,

the pensionable service which may be taken into account for the computa- tion of death gratuity may be supplemented by deeming his pensionable service to be-

(i) twice the actual period of his pensionable service (subject to a

maximum of 221 years); or

(ii) the period of pensionable service that he would have completed

if he had served until attaining his retirement age,

whichever is the lesser.

(7) Subsection (6) shall apply in the case of an officer who is eligible for, or is granted, a pension, and who is re-appointed to service under the Government, irrespective of the length of qualifying service completed during such re-appointment.

(8) In the case of an officer to whom subsection (7) applies, the deemed increase of pensionable service under subsection (6) in respect of the final period of service of the officer may not exceed—

(a) the deemed increase of pensionable service for which the officer would have been eligible under subsection (6) had his total period of service been continuous; or

(b) the actual period of his service after his re-appointment,

whichever is the lesser, and any officer who has been granted a deemed increase of pensionable service under this Ordinance or the Pensions (Cap. 89.) Ordinance, or both the Ordinances, in respect of his previous period of service shall only be eligible for a further deemed increase of pensionable service for any subsequent period of service to the extent that the total deemed increase of pensionable service does not exceed the maximum deemed increase of pensionable service specified in subsection (6).