PAUL FIFOOT
To: NIGEL WHITNEY
HK Dept, FCO
Fax No: 071 270 3387
FAX TRANSMISSION
Pages, including this page: 2
From: PAUL FIFOOT
037272375,
Fax and tel no.: 0372 723755
Date: 1st December 1992
HMOCS: CONTRACT OFFICERS
1. Your redraft of the paper of 28th October.
2. Two points arise on your new proposals about paying back gratuities. What happens if an officer defaults on his undertaking to repay and, in particular, should the repayment not be complete before the appointed day for any scheme which may be established ?
3. A mere default in repaying would not appear to put the officers pensionable status in doubt; it would only affect the number of pensionable years. But that might be significant if it were a question whether he had less than ten years service. As an example take a judicial officer who is admitted to the pensionable establishment in 1992 with five years previous contract service. If he has not opted to repay his gratuity for all five years, he will not be entitled to count 10 years service for the purposes of a compensation scheme on the appointed day. If he is not required to make a full repayment before the appointed day (and if he remains in the service he is not so required) he may receive "ten years" compensation from the UK, but, notwithstanding any undertaking to repay the HK governmment, may default on the undertaking and retain his gratuity for the earlier five years. I appreciate that, somewhat Quixotically, HMG is not seeking any share of the repayment of the gratuity, but it would be a matter of criticism if we did not close this possibility of a default.
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