Hong Kong Regulations

PENSIONS REGULATIONS - REGULATION 19

Pensionable service, what is to be taken into account

(1) Subject to paragraphs (2) to (9) hereof, only service in an established
office shall be taken into account as pensionable service.

(2) Where a period of service in a civil capacity otherwise than in an
established office is immediately followed by service in an established office
and the officer is confirmed therein-

   (a)  three-quarters of such period may be so taken into account; or (G.N.A.
        90 of 1960; L.N. 551 of 1994)

   (b)  if prior to 31 May 1937, the officer was in the service under the
        Government and such period of service might have been taken into
        account as pensionable service either as a whole or less a third for
        any part of such period paid for out of an open vote, such period may
        as a whole or less such third, continue to be so taken into account,
        if this shall be to such officer's advantage. (26 of 1982 s. 6)

(3) Any break in service which may be disregarded under the provisions of
regulation 15 may likewise be disregarded in determining for the purposes of
paragraph (2), (8)(d) or (9) whether one period of service immediately follows
another period of service. (L.N. 238 of 1972; 30 of 1980 s. 5)

(4) Where an officer has been transferred from an established office in which
he has been confirmed to a non-established office and subsequently retires
either from an established office or a non-established office, his service in
the non-established office may be taken into account as though it were service
in the established office which he held immediately prior to such transfer and
at the pensionable emoluments which were payable to him at the date of
transfer; except- (G.N.A. 90 of 1960; L.N. 551 of 1994)

   (a)  where the officer so elects, his total service including service in
        the established office, may be reckoned as though it were service in a
        non-established office; and

   (b)  where a transfer from an established to a non-established office is
        made to provide continued employment for an officer who, on the ground
        of physical infirmity, has become incapable of retaining his
        established office, then the whole of his service shall be deemed to
        be service in a non-established office unless, by his subsequent
        retransfer to an established office, his case is brought within the
        provisions of paragraph (2).

(5) Where a period of service in a non-established office is so taken into
account under this regulation, the officer shall, during that period, be
deemed for the purposes of regulations 6, 22 and 31 to be holding an
established office, and where that period is taken into account under
paragraph (4), to have been confirmed therein.

(6) Where a female officer-

   (a)  has, prior to 27 May 1966, retired from the service by reason of her
        marriage; and

   (b)  has, upon retirement, received a marriage gratuity under these
        regulations, the period of service prior to such retirement shall not
        be taken into account as pensionable service. (L.N. 238 of 1972)

(7) Where a female officer, other than a divorced or widowed female officer
confirmed in an established office prior to 17 November 1972, has, after
marriage, served in an established office prior to 27 May 1966, her service as
a married officer for the period up to that date shall be deemed to be service
in an established office and such period may be taken into account as
pensionable service. (26 of 1982 s.6; w.e.f. 17.11.72; L.N. 551 of 1994)

(8) Where a female officer who-

   (a)  has retired by reason of her marriage between 27 May 1966 and 17
        November 1972; and

   (b)  has received a gratuity under regulation 6 or 13, is subsequently
        re-employed in the service under the Government, the period of service
        under the Government in respect of which the gratuity was granted
        shall not be taken into account as pensionable service unless-

   (c)  an application to the contrary is made within 6 months of 17 November
        1972;

   (d)  there has been no break of service; and

   (e)  the gratuity received is refunded together with interest at a rate to
        be determined by the Financial Secretary.

(9) Where a female officer who-

   (a)  has, prior to 17 November 1972, retired from the service by reason of
        her marriage; and

   (b)  has not, upon retirement, received a marriage gratuity under these
        regulations, is without break in service subsequently re-employed in
        the service under the Government, the period of service prior to such
        retirement shall be taken into account as pensionable service. (30 of
        1980 s.5; w.e.f. 9.12.49) (L.N. 238 of 1972; 30 of 1980 s. 5; 36 of
        1987 s. 49)