-JUN-1993
15:12
PAUL FIFOOT
0372723755
P.03/12
14. Paragraph 12 [New]: Serves the same purpose as the corresponding paragraph in the draft Compensation Scheme.
15. Schedule: The Annexes have been retitled and combined as a Schedule of three parts, the first of which contains new definitions designed to apply various definitions in the relevant laws. A separate definition of "service in the group" is necessary as paragraph 2 of the main part of the Scheme has a new definition of the Government of Hong Kong.
16. Head A [B; M.A & B, single service]: In this text no
difference is made between a pension in respect of single service granted before 1992 and one granted thereafter, though it has been necessary to make minimal language changes to the original Head B of the 21st April text to accommodate both. I have also moved the point originallly made in the proviso to Head B (b) to the new paragraph (c)(II). Do we agree that the calculation in paragraph (c) (I) and (II) should be made in accordance with the law as in force at 1st January 1992 (see the passages in square brackets) ?
17. Head B [New; M. A & B, multiple service]. Note also the passage in square brackets in paragraph (c)(II).
18. Head C [C; M. D]: Various changes have been made to accord with M.D. As a matter of detail, is the passage in square brackets at the end of paragraph (c) correct?
As
regards the principle of this Head and Head D in taking the actual pension as awarded as the start point, rather than converting to the notional 1992 figure, Alan McDonald explained that the actual pension already represented UK levels of pension and therefore there was no need for a scaling down (or up) provision to 1992 as in Head A or B. Is it the case that this will always be so ? If the basis for determining the Hong Kong pension is the highest pensionable emoluments of the officer during his service, may it not be the case that, even though the officer retires from UK service, his highest pensionable emoluments were earned in his Hong Kong service and that those Hong Kong
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