TNAG-1670-FCO40-23182-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 66

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(3) An officer who is granted a pension in respect of other public service shall not at any time draw from the general revenue an amount of pension in respect of service under the Government which, when added to the amount of any pension granted in respect of other public service, exceeds two-thirds of

(a) the highest pensionable emoluments enjoyed or drawn by him; or (b) the notional highest pensionable emoluments deemed to have been

enjoyed or drawn by him in the course of his service,

whichever is the greater:

Provided that where an officer is granted in respect of some period of his service under the Government or in other public service both a gratuity and a pension, the amount of such pension shall be deemed for the purposes of this subsection to be

(i) where the option to commute any part of a pension in return for the payment of a commuted pension gratuity has been exercised, the amount of pension if that option had not been exercised; or

(ii) in all other cases, four-thirds of its actual amount.

(4) For the purposes of subsections (1), (2) and (3), the highest pensionable emoluments enjoyed or drawn by an officer or the notional highest pensionable emoluments deemed to have been enjoyed or drawn by him shall be determined in accordance with regulation 16 of the regulations.

22. Except as otherwise provided in this Ordinance and the Pensionable regulations---

emoluments.

(a) in the case of an officer to whom section 4(1)(a) and (1)(c) applies, and an officer to whom section 4(1)(b) applies where 100 per cent of his substantive salary (expatriation pay and special allowance was to be taken as pensionable emoluments under the Pensions (Cap. 89.) Ordinance), 100 per cent of his salary, expatriation pay, personal allowance and special allowance shall be taken as his pensionable emoluments, but not any other emoluments whatever;

(b) in the case of an officer to whom section 4(1)(b) applies and who

has further opted under section 8(3)——

(i) in respect of his service prior to the material date-

(A) 90 per cent of his salary;

(B) 50 per cent of his expatriation pay;

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

(D) 90 per cent of his special allowance,

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

(ii) in respect of his service after the material date, 100 per cent of his salary, expatriation pay, personal allowance and special allowance shall be taken as his pensionable emoluments, but not any other emoluments whatever,

and for the purposes of this paragraph, "material date" means a date to be determined in accordance with the terms of a Circular issued under and for the purposes of this paragraph by the Secretary for the Civil Service;