Hong Kong Ordinances

PENSION BENEFITS ORDINANCE - SECT 21

Maximum pension

(1) Except in cases referred to in subsection (2), a pension (or in the case
of more than one pension, the total of the pensions, including any pension or
pensions granted under the Pensions Ordinance ( Cap 89)) granted to an officer
shall not exceed two-thirds of-

   (a)  the highest pensionable emoluments enjoyed or drawn by him; or

   (b)  the notional highest pensionable emoluments deemed to have been
        enjoyed or drawn by him in the course of his service, whichever is the
        greater.

(2) An additional pension granted to an officer under section  15 (1), or any
additional pension granted to him under regulation 31 of the
Pensions Regulations ( Cap 89 sub. leg.), in respect of injury shall not be
taken into account for the purpose of subsection (1) of this section; but,
where the officer is granted any such additional pension, the amount thereof
together with any authorized increase on the additional pension from the date
of injury to the date when the additional pension is paid for the first time,
and any other pension or pensions granted to him shall not exceed five-sixths
of-

   (a)  the highest pensionable emoluments enjoyed or drawn by him; or

   (b)  the notional highest pensionable emoluments deemed to have been
        enjoyed or drawn by him in the course of his service, whichever is the
        greater.

(3) An officer who is granted a pension in respect of other public  service
shall not at any time draw from the general revenue an amount of pension in
respect of service under the Government which, when added to the amount of any
pension granted in respect of other public service, exceeds two-thirds of-

   (a)  the highest pensionable emoluments enjoyed or drawn by him; or

   (b)  the notional highest pensionable emoluments deemed to have been
        enjoyed or drawn by him in the course of his service, whichever is the
        greater: Provided that where an officer is granted in respect of some
        period of his service under the Government or in other public service
        both a gratuity and a pension, the amount of such pension shall be
        deemed for the purposes of this subsection to be-

        (i)    where the option to commute any part of a pension in return for
               the payment of a commuted pension gratuity has been exercised,
               the amount of pension if that option had not been exercised; or

        (ii)   in all other cases, four-thirds of its actual amount.

(4) For the purposes of subsections (1), (2) and (3), the highest 
pensionable emoluments enjoyed or drawn by an officer or the notional 
highest pensionable emoluments deemed to have been enjoyed or drawn by him
shall be determined in accordance with regulation 16 of the regulations.
(Enacted 1987)