TNAG-2396-FCO40-3483-Hong-Kong-Civil-Service-policy-1992 — Page 35

TYD. 11/6

© Mr Stene fii.

This "problem" was spotted

were considering

When we

whether the Superannuation Act 1965 needed to be

Localised in

HK. (we

said it wasn't necessary,

Pension ref: OMH 735/147/002A Miss Brooks asked

HM Treasury

bur

2

p.a. pls C. SENE p.a.pls

General

Ber

ODA

Administration

us to clear this matter Overseas Development up with ODA.) we must

await

Superannuation Division

Alencon Link

BASINGSTOKE

Hampshire

1016

Treasury's response Abercrombie House, Eaglesham Road, Div 1016

016

HKA GIGT

East Kilbride, Glasgow G75 8EA

Direct Line: 0355-84 3562 GTN:

7243

RG21 1JB

9 June 1992

SERVICE IN HONG KONG RECKONABLE UNDER THE PCSPS

I am writing to bring to your attention, a problem regarding the above, which came to light, whilst consulting our Legal Adviser about another matter.

As you know the PCSPS is made under section 1(1) of the Superannuation Act 1972. That Act repealed most of the Superannuation Act 1965 but left, inter alia, sections 38 and 39 (I attach a copy of sections 38 and 39 for ease of reference). Section 38 applies superannuation benefits obtained under section 1 of the 1972 Act to persons who have been employed in more than one public office. Public offices are defined in such a way in section 39 (1) (5) as to include employment in the civil service of Hong Kong. After July 1997 when Hong Kong is formally handed over to the Chinese the definition in section 39 will no longer cover Hong Kong. Therefore service in Hong Kong which now counts as reckonable service under the PCSPS will not do so after 1997.

If my understanding of rule 2.29 of the PCSPS is correct, only service in Hong Kong prior to 1 June 1972 (or a tour of duty which began before 1 June 1972) can currently count as reckonable service under the PCSPS anyway. So presumably this problem would only affect someone retiring from the Home Civil Service after 1997 but who also had service in Hong Kong prior to 1 June 1972.

You may of course be well aware of this problem but I thought it best to draw it to your attention.

Sheona Duff

Policy Unit

Overseas Pensions Department

Switchboard 0355-84 4000 Telex 263907-8 Fax 0355-84 4099

YK

1