Hong Kong Regulations

PENSIONS REGULATIONS - REGULATION 15

Continuity of service

(Past version on 30/06/1997).

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

(1) Except as otherwise provided in these regulations, only continuous service
shall be taken into account as qualifying service or as pensionable service:
Provided that any break in service caused by temporary suspension of
employment not arising from misconduct or voluntary resignation shall be
disregarded for the purposes of this paragraph.

(2) An officer-

   (a)  whose pension has been suspended under section 11 of the Ordinance or
        under a corresponding provision in any law or regulation relating to
        the grant of pensions in respect of public service; or

   (b)  who has retired from the public service without pension on account of
        ill-health, abolition of office, or re-organization designed to effect
        greater efficiency or economy, and has subsequently been re-employed
        in the public service; or

   (c)  who has left pensionable service under the Teachers (Superannuation)
        Act 1925 (1925 c. 59 U.K.), with a view to entering public service not
        being service pensionable under the said Act and has, not later than 3
        months after leaving such first mentioned service, received any salary
        in respect of employment in public service not so pensionable; or

   (d)  who, between 27 May 1966 and 17 November 1972, has retired from the
        public service by reason of her marriage and who, not later than 3
        months after leaving such service, resumes employment in the public
        service, (L.N. 238 of 1972) may, if the Chief Executive thinks fit, be
        granted the pension or gratuity for which he would have been eligible
        if any break in his public service immediately prior to such
        suspension, re-employment or employment had not occurred, such pension
        to be in lieu of- (G.N.A. 90 of 1960; 63 of 1999 s. 3)

        (i)    any pension previously granted to him from the general revenue;
               and (36 of 1987 s. 49)

        (ii)   any gratuity so granted which is required to be refunded as a
               condition of the application to the officer of this regulation,
               but additional to any gratuity so granted which is not required
               to be refunded as aforesaid. (G.N.A. 90 of 1960)

(2A) Where an officer has more than one qualifying service or pensionable
service-

   (a)  all such service may be aggregated in accordance with paragraph

(2); or

   (b)  each such service may be treated separately, for the purposes of the
        grant of pension or gratuity in respect of such service, whichever is
        to his advantage in the circumstances. (36 of 1987 s. 49)

(3) (a) A break in the service of an officer occurring wholly between 12 July
1946 and 23 July 1946, or between 16 August 1947 and 23 September 1947, as a
result of the voluntary absence from the place of employment of such officer
shall be disregarded for the purpose of computing the length of service
qualifying for pension, annual allowance or gratuity: Provided that any such
break in service shall not be disregarded in computing the length of service
for the purpose of determining the amount of such pension, annual allowance or
gratuity.

   (b)  This paragraph shall be deemed to have had effect from 1 January 1947,
        in relation to officers to whom Part V does not apply and from 9
        December 1949, in relation to officers to whom Part V applies. (G.N.A.
        229 of 1950)