TNAG-2425-FCO40-3527-Hong-Kong-Her-Majesty-s-Overseas-Civil-Service-(HMOCS)-poli-1992 — Page 171

6.

for HMOCS to

those raised in territories becoming independent, we could not justify declining to attempt to set up comparable arrangements to deal

with them.'

Over the last thirty years general schemes for compensation and retiring benefits have been established for dependent territories in which members of HMOCS were serving when they attained self government or independence ("the relevant date"). Many, if not all, incorporated an earlier limited compensation scheme for officers who were superseded for promotion, directed to retire for constitutional reasons or permitted to retire because it was unreasonable to expect them to continue in service.

Although there were some variations, the general pattern included the following

characteristics which reflected the conditions and principles set out in the White Papers:

(a) a right to retire under the local pensions law on or after the relevant date for all members of HMOCS with immediate payment of earned pension notwithstanding the officer had not the minimum qualifying service under the local pensions law; (b) a right to compensation for all members of HMOCS, calculated on an actuarial basis, and

or,

payable by the local government either in a lump sum more generally and whether or not the officer had the possibility of further service or took that opportunity, in instalments; unpaid instalments carried the right to interest; (c) apart from the absence of a lump sum payment, inducements for further service took the form of allowing for an increase of compensation in accordance with the relevant actuarial tables take account of increases in salary, age and length

In addition, agreements (called Public Officers Agreements) between the United Kingdom and the newly independent country concerned provided for:

of service.

to

(d) ensuring to officers who remained in the service of the country, conditions of service and the retention of pensions laws no less favourable than those applicable before the relevant date;

(e) a right to have pensions paid in relevant overseas countries;

to

(f) a guarantee that payments of pensions outside the territory concerned would be made So as produce the sterling equivalent at the rate of exchange in force on the relevant date.

Items (e) and (f) are not provided for in the White Papers, and the arrangement for the sterling guarantee by the country is replaced and made more secure as respects those territories where HMG has taken over the responsibility for paying pensions.

7.

Expatriate officers recruited to the permanent and pensionable establishment of Hong Kong up to 1985 continued to be eligible to become members of HMOCS and certain