Hong Kong Ordinances

SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE - SECT 7

Minimum benefits

(1) Where the deceased at the time of his death was an officer to whom
subsection (1C) applies or a public officer in service under the Government or
had retired from that service in the circumstances described in section
6(1)(c), (d) or (e) of the Pensions Ordinance ( Cap 89), or paragraphs (c),
(cc) or (d) of regulation 26(4) of the Pensions  Regulations ( Cap 89 sub.
leg.), section 11(1)(d), (g) or (h) of the Pension Benefits Ordinance (
Cap 99) or section 7(1)(d), (g) or (h) of the
Pension Benefits (Judicial Officers) Ordinance ( Cap 401), his pension under
this Ordinance shall- (Amended 36 of 1987 s. 37; 85 of 1988 s. 41; 3 of 1993
s. 10)

   (a)  if his contributory service was less than 20 years but would not have
        been for a period shorter than 20 years if he died or retired at the
        age of 55 years, be computed as if his contributory service had been
        for a period of 20 years; or

   (b)  if his contributory service would have been for a period shorter than
        20 years if he died or retired at the age of 55 years, and was less
        than that shorter period, be computed as if his contributory  service
        had been for that shorter period.

(1A) Subsection (1) does not apply in respect of a deceased-

   (a)  where the deceased had elected under section 3A(1) to cease to make
        contributions under this Ordinance;

   (b)  where the deceased had only one continuous period of service and-

        (i)    he first became a contributor before the appointed day; and

        (ii)   he had not made contributions under this Ordinance during the
               entire period- (A) between the day on which he first became a
               contributor and his death; (B) when he was a public officer in
               service under the Government; and (C) when he was not on leave
               which was not pensionable service within the meaning of the
               Pensions Ordinance ( Cap 89), Pension Benefits  Ordinance (
               Cap 99) or Pension Benefits (Judicial Officers) Ordinance (
               Cap  401);

   (c)  where the deceased had only one continuous period of service and-

        (i)    he first became a contributor on the appointed day; and

        (ii)   he had not made contributions under this Ordinance during the
               entire period- (A) between the day and his death; (B) when he
               was a public officer in service under the Government; and (C)
               when he was not on leave which was not pensionable service
               within the meaning of the Pensions Ordinance ( Cap 89),
               Pension Benefits  Ordinance ( Cap 99) or
               Pension Benefits (Judicial Officers) Ordinance ( Cap  401);

   (d)  where the deceased had only one continuous period of service and-

        (i)    he first became a contributor after the appointed day; and

        (ii)   he made an election under sections 3(1)(c)(ii) and (2)(d)(ii)
               and 3A(4) which became effective on the date of his marriage;
               or

   (e)  where the deceased had more than one continuous period of service with
        the Government and he had not made contributions under this Ordinance
        during the entire last period of service (which period does not
        include any period of service without pay that is not taken into
        account as pensionable service under regulation 21(c) of the
        Pensions Regulations ( Cap 89 sub. leg.), regulation 21(1)(e) of the
        Pension Benefits  Regulations ( Cap 99 sub. leg.) or regulation
        20(1)(e) of the Pension  Benefits (Judicial Officers) Regulations (
        Cap 401 sub. leg.)) beginning on or after the appointed day during
        which he was a public officer in service under the Government. (Added
        3 of 1993 s. 10)

(1B) For the purposes of subsection (1A), contributions under the
existing Ordinance shall be deemed to be contributions under this Ordinance.
(Added 3 of 1993 s. 10)

(1C) Subsection (1) applies to an officer-

   (a)  to whom this Ordinance did not apply before the commencement of the
        Pensions Modification Ordinance 1993 (3 of 1993) and who-

        (i)    has elected that this Ordinance shall apply to him within 6
               months after the appointed day or the date of his marriage; and

        (ii)   has elected that the election referred to in subparagraph (i)
               shall be effective on or before the appointed day;

   (b)  who-

        (i)    has elected under section 3A(3) to make contributions under
               this Ordinance; and

        (ii)   has elected that the election referred to in subparagraph (i)
               shall be effective on the first date referred to in
               section 3(2)(f)(ii); or

   (c)  who-

        (i)    has elected under section 3A(4) to make contributions under
               this Ordinance; and

        (ii)   has elected that the election referred to in subparagraph (i)
               shall be effective on the first date referred to in
               section 3(2)(g)(ii). (Added 3 of 1993 s. 10)

(2) Where more than one pension is granted under this Ordinance in a case
where the deceased had more than one continuous period of
contributory service, the total of the pension payable under this Ordinance in
respect of each such period shall not exceed the pension payable if
the deceased had one continuous period of contributory service equivalent to
the aggregate of such periods of contributory service and his highest
pensionable emoluments or notional highest pensionable  emoluments, whichever
is the greater, been taken for the calculation of the pension. (Added 36 of
1987 s. 37)