Hong Kong Ordinances

WIDOWS AND ORPHANS PENSION ORDINANCE - SECT 4

Contributors to other schemes

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) No officer shall be required to contribute under this Ordinance if, and
for so long as, he is contributing to an approved scheme, or if he has
completed his contributions to an approved scheme: (Amended 2 of 1931 s. 3)
Provided that this subsection shall have no effect and shall be deemed never
to have had effect in relation to an approved scheme which, prior to 1 July
1997, has been declared by the Secretary of State of the United Kingdom to be
a List II scheme. (Added 72 of 1967 s. 3. Amended 63 of 1999 s. 3)

(2) For the purposes of this section, an approved scheme means a scheme for
the granting of pensions to the widows and children of Government officers,
established in a British colony or protectorate or in British India or in any
territory in respect of which a mandate is being exercised by the government
of any part of a British dominion, which prior to 1 July 1997, is declared by
the Secretary of State of the United Kingdom to be an approved scheme for the
purposes of this section. (Amended 63 of 1999 s. 3)

(3) Any claim for exemption under this section must be in writing and must
reach the Secretary for the Civil Service within three months after the
officer commences to draw salary from this Government or such extended period
as the Secretary for the Civil Service may in any particular case allow.
(Amended 33 of 1939 Schedule; 72 of 1973 s. 2; L.N. 226 of 1976; L.N. 242 of
1994; L.N. 362 of 1997; 10 of 2005 s. 3)

(4) An officer who under this section has obtained exemption from becoming a
contributor under this Ordinance may not subsequently become a contributor
under this Ordinance unless-

   (a)  he ceases to contribute to the approved scheme; or

   (b)  he marries; or

   (c)  he leaves the service of this Government and is subsequently
        reappointed to it. (Replaced 33 of 1939 Schedule)

(5) Nothing in this section shall exempt an officer, who on reappointment to
the service of this Government is already a contributor under this Ordinance,
from continuing his contributions under this Ordinance. (Replaced 33 of 1939
Schedule)

(6) If an officer obtains exemption under this section, any contributions
previously made by him under this Ordinance while his claim for exemption is
pending or during either of the periods mentioned in subsection (3) shall be
returned to him without interest. (Replaced 33 of 1939 Schedule) (Added 9 of
1929 s. 4)