Hong Kong Regulations

PENSIONS REGULATIONS - REGULATION 17A

Additional pension in respect of war service

(Past version on 30/06/1997).

(1) This regulation applies to any officer-

   (a)  who has at any time (whether before or after the commencement of the
        Pensions (Amendment) Regulation 1992 (L.N. 373 of 1992)) been granted,
        or who is eligible for, a pension under the Ordinance;

   (b)  who performed war service or compulsory national service; and

   (c)  who is not entitled to an additional pension under the Colonial
        Service Officers Pensions Addition for War Service (United Kingdom)
        Scheme 1989.

(2) An officer to whom this regulation applies shall be granted an additional
pension in respect of his war service if-

   (a)  his war service was not preceded by a period of pensionable service,
        and his relevant Government service-

        (i)    began before 1 July 1950; or

        (ii)   began on or after 1 July 1950 on the completion of a course of
               training, or probationership which was regarded as training,
               after his provisional selection to service under the Government
               or under the Government of the United Kingdom, provided that
               such training or probationership began before 1 July 1950 and
               was, in the opinion of the Secretary, necessary before he could
               be appointed to that service; or (10 of 2005 s. 195)

        (iii)  began on or after 1 July 1950 following his selection before 1
               July 1950, provided that he was available to take up the
               appointment before 1 July 1950 and took the first opportunity
               to travel to take up the appointment after selection; or

   (b)  his relevant Government service was interrupted by his war  service
        because he was required to perform compulsory national service on or
        after 1 July 1947.

(3) Subject to paragraphs (4), (5) and (6), the additional pension payable
under this regulation shall be calculated as follows-

   (a)  in the case of an officer to whom paragraph (2)(a) applies, an annual
        amount equal to one six-hundredth of his pensionable emoluments for
        each complete period of 2 months of war service;

   (b)  in the case of an officer to whom paragraph (2)(b) applies, an annual
        amount equal to one six-hundredth of his pensionable emoluments for
        each complete month of war service, and in calculating any period of
        war service, service before the officer attained the age of 18 years
        shall be disregarded.

(4) If there was a break other than a break caused by war service in an
officer's relevant Government service that has not been condoned by the
Government concerned, the reference in paragraph (3) to pensionable emoluments
shall be treated as a reference to the officer's pensionable emoluments during
the period of service before that break.

(5) Any amount of pension in respect of war service payable to an officer at
the date of his retirement-

   (a)  by the Government, otherwise than under this regulation; or

   (b)  by a Scheduled Government, shall be deducted from the additional
        pension payable under this regulation.

(6) Any period of war service in respect of which an officer received
non-effective pay or excess remuneration shall not count as war  service for
the purposes of paragraph (3).

(7) An additional pension granted under this regulation shall be granted as
from-

   (a)  the commencement of the Pensions (Amendment) Regulation 1992 (L.N. 373
        of 1992); or

   (b)  the retirement of the officer, whichever is the later, and shall be
        calculated and granted in Hong Kong dollars.

(8) An officer to whom an additional pension is granted under this regulation
shall not have an option under regulation 23 to be paid, in lieu of that
additional pension, a gratuity and a reduced pension.

(9) In this regulation-

"excess remuneration" (附加報酬) means, in relation to a retired officer
of the Armed Forces of the Crown who is re-employed in those forces, any
service pension drawn in respect of such period of re-employment or any
addition to the normal pay attaching to the post in which the officer was
re-employed which is granted by reason of the officer's former employment in
those forces;

"non-effective pay" (不再服務薪津) includes naval, military or air force
pensions, retired pay or gratuities (other than war gratuities to which
section 23 of the Finance (No. 2) Act 1945 (1945 c. 13 U.K.) applied);

"relevant Government service" (有關的政府服務期) means service under
the Government or under the Government of the United Kingdom that may be taken
into account in determining whether an officer is eligible by length of
service for a pension;

"war service" (戰時服務) means service at any time between 3 September
1939 and 30 June 1950 in-

   (a)  the Armed Forces of the Crown;

   (b)  the merchant navy or mercantile marine;

   (c)  any of the women's services listed in Schedule 2. (L.N. 373 of 1992)

"excess remuneration" (附加報酬)

"non-effective pay" (不再服務薪津)

"relevant Government service" (有關的政府服務期)

"war service" (戰時服務)