1964_PENSION_BENEFITS_ORDINANCE — Page 31

HK Historical Laws 香港歷史法例 All AI Reviewed

30

CAP. 99]

Pension Benefits

[1988 Ed.

(2) Short service gratuity granted to an officer shall be payable to him as soon as possible after retirement.

Governor's power to exempt or modify

33. (1) The Governor may exempt any officer and his dependants from the application of any provisions of this Ordinance and the regulations in any particular case, or may modify the application of any such provisions in any such case in the manner specified by him, where in his opinion inequity results from the application of such provisions; but any such exemption or modification shall not be detrimental to the officer or his dependants and shall be in keeping with the spirit of this Ordinance.

(2) No exemption or modification under subsection (1) shall become operative unless it has received the prior approval of the Legislative Council signified by resolution.

Power to amend Schedule

34. The Chief Secretary may by order published in the Gazette amend the Schedule.

Regulations

35. (1) The Governor in Council may make regulations providing for-

(a) the grant of pension benefits to officers who are transferred to or from service under the Government from or to other public service;

(b) the factor for the computation of pension on retirement and such factor may apply to service before 1 July 1987;

(c) the computation of qualifying service;

(d) the service which may be taken into account as qualifying service or pensionable service, which may include qualifying service or pensionable service prior to 1 July 1987, and for deeming an increase in pensionable service in certain circumstances;

(e) the emoluments which may be taken into account for computing pension benefits;

(f) the determination of highest pensionable emoluments;

(g) empowering the Secretary for the Civil Service to amend a Schedule to the regulations containing, and containing only, a list of Scheduled Governments within the meaning of the regulations;

(h) the better carrying out of the purpose and provisions of this Ordinance.

(2) Subject to subsection (3), whenever the Governor in Council is satisfied that it is equitable that any regulation made under subsection (1) should have retrospective effect in order to confer a benefit upon or remove a disability attaching to any person that regulation may be given retrospective effect for that purpose.

(3) No regulation given retrospective effect under subsection (2) shall become operative unless it has received the prior approval of the Legislative Council signified by resolution.

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30 CAP. 99] Pension Benefits [1988 Ed. (2) Short service gratuity granted to an officer shall be payable to him as soon as possible after retirement. Governor's power to exempt or modify 33. (1) The Governor may exempt any officer and his dependants from the application of any provisions of this Ordinance and the regulations in any particular case, or may modify the application of any such provisions in any such case in the manner specified by him, where in his opinion inequity results from the application of such provisions; but any such exemption or modification shall not be detrimental to the officer or his dependants and shall be in keeping with the spirit of this Ordinance. (2) No exemption or modification under subsection (1) shall become operative unless it has received the prior approval of the Legislative Council signified by resolution. Power to amend Schedule 34. The Chief Secretary may by order published in the Gazette amend the Schedule. Regulations 35. (1) The Governor in Council may make regulations providing for- (a) the grant of pension benefits to officers who are transferred to or from service under the Government from or to other public service; (b) the factor for the computation of pension on retirement and such factor may apply to service before 1 July 1987; (c) the computation of qualifying service; (d) the service which may be taken into account as qualifying service or pensionable service, which may include qualifying service or pensionable service prior to 1 July 1987, and for deeming an increase in pensionable service in certain circumstances; (e) the emoluments which may be taken into account for computing pension benefits; (f) the determination of highest pensionable emoluments; (g) empowering the Secretary for the Civil Service to amend a Schedule to the regulations containing, and containing only, a list of Scheduled Governments within the meaning of the regulations; (h) the better carrying out of the purpose and provisions of this Ordinance. (2) Subject to subsection (3), whenever the Governor in Council is satisfied that it is equitable that any regulation made under subsection (1) should have retrospective effect in order to confer a benefit upon or remove a disability attaching to any person that regulation may be given retrospective effect for that purpose. (3) No regulation given retrospective effect under subsection (2) shall become operative unless it has received the prior approval of the Legislative Council signified by resolution.
Baseline (Original)
30 CAP. 99] Pension Benefits [1988 Ed. (2) Short service gratuity granted to an officer shall be payable to him as soon as possible after retirement. Governor's power to exempt or modify 33. (1) The Governor may exempt any officer and his dependants from the application of any provisions of this Ordinance and the regulations in any particular case, or may modify the application of any such provisions in any such case in the manner specified by him, where in his opinion inequity results from the application of such provisions; but any such exemption or modifica- tion shall not be detrimental to the officer or his dependants and shall be in keeping with the spirit of this Ordinance. (2) No exemption or modification under subsection (1) shall become operative unless it has received the prior approval of the Legislative Council signified by resolution. Power to amend Schedule 34. The Chief Secretary may by order published in the Gazette amend the Schedule. Regulations 35. (1) The Governor in Council may make regulations providing for- (a) the grant of pension benefits to officers who are transferred to or from service under the Government from or to other public service; (b) the factor for the computation of pension on retirement and such factor may apply to service before 1 July 1987; (c) the computation of qualifying service; (d) the service which may be taken into account as qualifying service or pensionable service, which may include qualifying service or pen- sionable service prior to 1 July 1987, and for deeming an increase in pensionable service in certain circumstances; (e) the emoluments which may be taken into account for computing pension benefits; (f) the determination of highest pensionable emoluments; (g) empowering the Secretary for the Civil Service to amend a Schedule to the regulations containing, and containing only, a list of Scheduled Governments within the meaning of the regulations; (h) the better carrying out of the purpose and provisions of this Ordinance. (2) Subject to subsection (3), whenever the Governor in Council is satisfied that it is equitable that any regulation made under subsection (1) should have retrospective effect in order to confer a benefit upon or remove a disability attaching to any person that regulation may be given retrospective effect for that purpose. (3) No regulation given retrospective effect under subsection (2) shall become operative unless it has received the prior approval of the Legislative Council signified by resolution.
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30

CAP. 99]

Pension Benefits

[1988 Ed.

(2) Short service gratuity granted to an officer shall be payable to him as soon as possible after retirement.

Governor's power to exempt or modify

33. (1) The Governor may exempt any officer and his dependants from the application of any provisions of this Ordinance and the regulations in any particular case, or may modify the application of any such provisions in any such case in the manner specified by him, where in his opinion inequity results from the application of such provisions; but any such exemption or modifica- tion shall not be detrimental to the officer or his dependants and shall be in keeping with the spirit of this Ordinance.

(2) No exemption or modification under subsection (1) shall become operative unless it has received the prior approval of the Legislative Council signified by resolution.

Power to amend Schedule

34. The Chief Secretary may by order published in the Gazette amend the Schedule.

Regulations

35. (1) The Governor in Council may make regulations providing for- (a) the grant of pension benefits to officers who are transferred to or from

service under the Government from or to other public service;

(b) the factor for the computation of pension on retirement and such

factor may apply to service before 1 July 1987;

(c) the computation of qualifying service;

(d) the service which may be taken into account as qualifying service or pensionable service, which may include qualifying service or pen- sionable service prior to 1 July 1987, and for deeming an increase in pensionable service in certain circumstances;

(e) the emoluments which may be taken into account for computing

pension benefits;

(f) the determination of highest pensionable emoluments;

(g) empowering the Secretary for the Civil Service to amend a Schedule to the regulations containing, and containing only, a list of Scheduled Governments within the meaning of the regulations;

(h) the better carrying out of the purpose and provisions of this Ordinance. (2) Subject to subsection (3), whenever the Governor in Council is satisfied that it is equitable that any regulation made under subsection (1) should have retrospective effect in order to confer a benefit upon or remove a disability attaching to any person that regulation may be given retrospective effect for that purpose.

(3) No regulation given retrospective effect under subsection (2) shall become operative unless it has received the prior approval of the Legislative Council signified by resolution.

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