Hong Kong Ordinances

PENSION BENEFITS ORDINANCE - SECT 8

Opting for pension benefits

(Past version on 30/06/1997).

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

(1) Subject to subsection (2), an officer who is eligible for a pension or
annual allowance under the Pensions Ordinance ( Cap 89) may opt under and in
accordance with the terms of a Circular to be issued under and for the
purposes of this section by the Secretary for the Civil Service, that all his
service attracting pension or annual allowance under that Ordinance shall be
taken into account as pensionable service under this Ordinance.

(2) (a) An option under subsection (1) shall be sent to the Secretary for the
Civil Service.

   (b)  (i) Having received from an officer an option under subsection (1), if
        the Secretary for the Civil Service, having had regard to the
        circumstances of the particular case, is of opinion that to allow the
        officer to exercise the option would prejudice the interests of the
        public service, he may reject the option.

        (ii)   In case, pursuant to subparagraph (i), the Secretary for the
               Civil Service rejects an option, he shall, as soon as may be,
               inform the officer concerned in writing of both the rejection
               and the reasons therefor.

   (c)  A person aggrieved by a rejection under paragraph (b)(i) relating to
        him may, within 30 days of the notification to him of the rejection,
        or such longer period as the Chief Executive may permit, petition the
        Chief Executive against the rejection and the Chief Executive may, as
        he shall think fit, either confirm the rejection or direct that the
        option to which the petition relates be accepted. (Amended 63 of 1999
        s. 3)

   (d)  The power conferred on the Secretary for the Civil Service by
        paragraph (b)(i) may be exercised as regards a particular option under
        subsection (1) at any time within the period of 12 months beginning on
        the day on which the option is received by him.

(3) A serving officer in respect of whom 90% only of his substantive salary
and special allowance, and 50% only of expatriation  pay, is taken as
pensionable emoluments under the Pensions Ordinance ( Cap  89) may further
opt, at the same time as he opts under subsection (1) under and in accordance
with the terms of the Circular referred to in subsection (1) that 100% of his
substantive salary, special allowance and expatriation pay shall be taken into
account as pensionable emoluments under this Ordinance.

(4) The dates on which any option under subsection (1) or (3) shall become
effective shall be in accordance with the Circular referred to in subsection
(1).

(5) An option exercised under subsection (1) or (3) shall be irrevocable.
(Enacted 1987)