Hong Kong Ordinances

PENSION BENEFITS ORDINANCE - SECT 11

Circumstances in which pension may be granted for normal service

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 63 of 1999 s. 3

(1) Unless otherwise provided in this Ordinance, no pension shall be granted
to an officer except in respect of his service in a civil capacity under the
Government and except-

   (a)  subject to section 27(2), upon his retirement on or after attaining
        his retirement age, and after completion of qualifying service of not
        less than 10 years;

   (b)  subject to section 27(2), upon his voluntary early retirement after
        completion of qualifying service of not less than 10 years- (Amended 4
        of 1993 s. 18)

        (i)    in the case of a serving officer to whom section 10(2) applies,
               on or after his attaining the age of 55 years;

        (ii)   in the case of a Scheduled officer of a directorate rank or
               senior rank to whom section 10(3) applies, on or after his
               attaining the age of 55 years;

        (iii)  in the case of a Scheduled officer of the rank and file grade
               to whom section 10(3) applies, on or after his attaining the
               age of 50 years;

   (c)  in the case of transfer to other public service-

        (i)    upon his retirement on or after attaining the age at which he
               is permitted by the law or regulations of the service in which
               he was last employed to retire on pension; or

        (ii)   upon his retirement in any other circumstances in which he is
               permitted by the law or regulations of the service in which he
               was last employed to retire on pension or gratuity, but
               subparagraph (ii) shall not apply in the case of a female
               officer who retires for the reason that she has or is about to
               be married;

   (d)  upon his retirement on the abolition of his office, and after
        completion of qualifying service of not less than 2 years;

   (e)  subject to subsection (2), upon his retirement in the public interest,
        whether or not he has completed qualifying service of not less than 10
        years;

   (f)  subject to subsection (2) and section 29(1)(a), upon his compulsory
        retirement in exercise of disciplinary powers of punishment by the
        Government, whether or not he has completed qualifying service of not
        less than 10 years;

   (g)  upon his compulsory retirement for the purpose of facilitating
        improvement in the organization of the department in which he is
        serving, by which greater efficiency or economy may be effected, and
        after completion of qualifying service of not less than 2 years;

   (h)  upon his retirement on medical evidence that satisfies the Chief
        Executive that the officer is incapable by reason of any infirmity of
        mind or body of discharging the duties of his office and that such
        infirmity is likely to be permanent, and after completion of
        qualifying  service of not less than 5 years; (Amended 63 of 1999 s.
        3)

   (i)  upon his retirement in accordance with any compensation scheme,
        whether or not he has completed qualifying service of not less than 10
        years;

   (j)  subject to subsection (2) and section 27(2), upon his resignation from
        the service, with the approval of the Secretary for the Civil Service,
        after completion of qualifying service of not less than 10 years; or

   (k)  subject to section 27(2), upon his retirement on attaining the maximum
        pension specified in section 21. (Amended 4 of 1993 s. 18)

(2) Unless otherwise directed by the Chief Executive, a pension granted to an
officer to whom subsection (1)(e), (f) or (j) applies shall be a
deferred pension. (Amended 63 of 1999 s. 3)

(3) Retirement under subsection (1)(a) or (b), or resignation under subsection
(1)(j), shall take place after the officer has served such period of service,
as may be specified by the Secretary for the Civil Service, after the officer
has notified the Secretary for the Civil Service of his intention to retire or
resign. (Enacted 1987)