Hong Kong Regulations

PENSIONS REGULATIONS - REGULATION 18

Emoluments to be taken for computing pension or gratuity

(Past version on 30/06/1997).

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

(1) Subject to this regulation, for the purpose of computing the amount of the
pension or gratuity of an officer, the highest pensionable emoluments enjoyed
or drawn by him during his service in an established office shall be taken:
(26 of 1982 s. 6; 36 of 1987 s. 49) Provided that if, by reason of any order
made in any disciplinary proceedings against any officer, the amount to be
taken in accordance with the provisions of this regulation exceeds the
pensionable emoluments enjoyed by him at the date of his retirement, there
shall be taken such pensionable emoluments. (L.N. 123 of 1980)

(1A) Where an officer has more than one period of continuous service the
highest pensionable emoluments enjoyed or drawn by him in the course of any
particular period of continuous service only shall be taken in to account for
computing the amount of the pension or gratuity for that period. (36 of 1987
s. 49)

(1B) Where an officer is serving on trial or probation in an office
immediately following service other than on trial or probation, the highest
pensionable emoluments which the officer would have enjoyed or drawn in his
substantive rank at the date of his retirement or death shall be taken for the
purpose of computing the amount of the pension or gratuity of the officer. (36
of 1987 s. 49)

(2) Notwithstanding paragraph (1) any increase in the pensionable emoluments
of any office held by an officer due to a revision of salaries with effect
from a date subsequent to the commencement of a period of his absence from
duty on leave without salary shall be disregarded for the purposes of
paragraph (1), unless-

        (i)    the officer has since the expiration of that period of absence
               and in respect of that period of absence, (taking the earliest
               period first if there is more than one) completed an equal
               period of service on duty or leave with salary (other than
               leave immediately preceding retirement); or

        (ii)   the officer retires in one of the cases referred to in section
               6(1)(c), (d) or (e) of the Ordinance; or (80 of 1997 s. 102)

        (iii)  the Chief Executive in any case otherwise directs. (26 of 1982
               s. 6; 63 of 1999 s. 3)