TNAG-1670-FCO40-23182-Future-of-Hong-Kong-continuity-of-administration-civil-serv-1987 — Page 88

41

(b) by substituting the following for subsection (2) of section 2

"(2) The expressions "established office", "non-estab- lished office", "notional highest pensionable emoluments", "other public service", "pensionable emoluments", "pension- able service" and "public service" have, in relation to a public officer-

(Cap. 89.)

(

of 1987.)

(a) in case the Pensions Ordinance applies to such officer, the meanings assigned to them, respectively, by section 2 of that Ordinance; and

(b) in case the Pension Benefits Ordinance 1987 so applies, the meanings assigned to them, respectively, by section 2 of that Ordinance.";

(c) by substituting the following for subsection (3) of section 2-

“(3) (a) The expression "the rate of the pension of the deceased" means the annual rate of the pension of the deceased, calculated in accordance with paragraph (b), plus any authorized increase, and in the case of a public officer who retired or transferred to other public service before attaining the age at which he would retire, shall include any authorized increase which the basic pension. would have attracted had the officer attained that age prior to his retirement or transfer, and, in the case of an officer who transferred, had instead retired.

(Cap. 89.) (

(

of 1987.)

of 1987.)

(b) Subject to paragraph (c) and section 7, the expression "the annual rate of the pension of the deceased" in paragraph (a) means a sum calculated at the rate of 1/600 of his annual pensionable emoluments or annual emolu- ments that would have been pensionable emoluments had he been appointed or re-appointed to an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance or the Pension Benefits Ordinance 1987, in both cases at the time of his retirement or transfer from service under the Govern- ment or his death prior to such retirement, or his resignation from the service, with the approval of the Secretary for the Civil Service for the grant of a deferred pension under the Pension Benefits Ordinance 1987, as the case may be, for each complete month of his contri- butory service subject to a maximum of 400 months, and any incomplete month of contributory service shall be taken to be that fraction of a complete month whereof the denominator is 30 and the numerator the number of days of contributory service in that incomplete month, irrespective of the actual number of days in that month.

(c) Where the deceased had more than one period of contri- butory service, the expression "the annual rate of the pension of the deceased" in paragraph (a) means a sum calculated in accordance with paragraphs (b) and (d) in respect of each such period of contributory service.