Hong Kong Regulations

PENSION BENEFITS (JUDICIAL OFFICERS) REGULATIONS - REGULATION 22

Rates of additional pension on account of injuries

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 26 of 1999 s. 3

(1) Subject to subregulations (2) and (5), the annual rate of additional
pension granted under section 15(1) to an officer who is injured on or after 1
February 1993 in the circumstances described in section 14 shall be the same
percentage of his actual pensionable emoluments as at the date of his injury
as the percentage of permanent incapacity resulting from such injury. (3 of
1993 s. 67; L.N. 553 of 1994)

(1A) The percentage of permanent incapacity referred to in subregulation (1)
shall be assessed in such manner as the Secretary for the Civil Service may
specify by general notice published in the Gazette.

(3 of 1993 s. 67)

(1B) Subject to subregulations (2) and (6), the annual rate of additional
pension granted under section 15(1) of the Ordinance to an officer who is
injured before 1 February 1993 in the circumstances described in section 14 of
the Ordinance shall be the proportion of his actual pensionable emoluments at
the date of his injury appropriate to his case as shown in the table in this
paragraph, whether his capacity to contribute to his own support because of
the injury is impaired before or after his retirement.

TABLE

When the officer's capacity to contribute to his own support is-

   (a)  slightly impaired
        ...................................................................
        50/675

   (b)  impaired
        ...........................................................................
        ... 100/675

   (c)  materially impaired
        ...............................................................
        150/675

   (d)  totally destroyed
        ...................................................................
        200/675 (L.N. 553 of 1994)

(1C) A medical board appointed by the Hospital Authority shall determine for
the purpose of subregulation (1B)-

   (a)  whether or not an officer's capacity to contribute to his own support
        because of the injury is impaired; and

   (b)  the degree of impairment in accordance with the table in subregulation

(1B). (L.N. 553 of 1994)

(2) The rate of additional pension under subregulation (1) or (1B) may be
reduced to an extent that the Chief Executive thinks reasonable where the
injury is not the cause or the sole cause of retirement. (L.N. 553 of 1994; 26
of 1999 s. 3)

(3) (Repealed 3 of 1993 s. 67)

(4) An additional pension in accordance with this regulation is payable-

   (a)  in the case of an officer who suffers incapacity before his retirement
        or whose capacity to contribute to his own support is impaired before
        his retirement, with effect from the date of his retirement; and (3 of
        1993 s. 67; L.N. 553 of 1994)

   (b)  in the case of an officer who suffers incapacity after his retirement
        or whose capacity to contribute to his own support is impaired after
        his retirement, with effect from the date on which such incapacity is
        determined in accordance with subregulation (1A) or the date on which
        his degree of impairment is determined, as the case may be. (3 of 1993
        s. 67; L.N. 553 of 1994)

(5) If there is any variation in the degree of permanent incapacity of an
officer subsequent to the grant of an additional pension at a rate in
accordance with this regulation, the rate at which the additional pension has
been granted may be reassessed in such manner as the Secretary for the Civil
Service may specify by general notice published in the Gazette and at such
time as the Secretary for the Civil Service may think fit. (3 of 1993 s. 67)

(6) If there is any variation in the degree of the impairment of an officer's
capacity to contribute to his own support subsequent to the grant of an
additional pension at a rate in accordance with subregulation

(1B), the rate at which the additional pension has been granted may be
reassessed in accordance with the table in subregulation (1B) by a medical
board appointed by the Hospital Authority at such time or times as the board
may think fit. (L.N. 553 of 1994) (Enacted 1988)