Hong Kong Regulations

PENSIONS REGULATIONS - REGULATION 23

Gratuity and reduced pension

(Past version on 30/06/1997).

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

(1) Subject to paragraph (7), an officer to whom a pension is granted under
the Ordinance shall, if he has exercised his option as hereinafter provided,
but not otherwise, be paid in lieu of such pension a pension at the rate of
75, 80, 85, 90 or 95 per cent of such pension, respectively, as he shall have
exercised his option, together with a gratuity equal to 14 times the amount of
the annual reduction so made in the pension. (G.N.A. 44 of 1954; G.N.A. 34 of
1962; L.N. 249 of 1983)

(2) The option referred to in paragraph (1) shall be exercisable, and if it
has been exercised may be revoked, not later than the day immediately
preceding the date of such officer's retirement: Provided that the Chief
Executive may, if it appears to him equitable in all the circumstances so to
do, allow him to exercise the option or revoke an option previously exercised
at any time between that date and the actual date of award of pension under
the Ordinance. (63 of 1999 s. 3)

(3) Subject to the provisions of paragraph (2), if an officer has exercised
the option his decision shall be irrevocable so far as concerns any pension to
be granted to him under the Ordinance. (L.N. 17 of 1976)

(4) If an officer who has not exercised the option dies after he has finally
retired but before a pension has been awarded under the Ordinance, it shall be
lawful for the Chief Executive to grant a gratuity and a reduced pension as
provided in paragraph (1), as if the officer before his death had exercised
his option to receive a gratuity and 75 per cent of the pension granted to
him. (G.N.A. 90 of 1960; G.N.A. 34 of 1962; 63 of 1999 s. 3)

(5) The date of the exercise of the option by an officer shall be deemed to be
the date of the receipt of his written notification addressed to the Director
of Accounting Services. (L.N. 226 of 1976)

(6) A re-employed officer or pensioner shall be deemed to have exercised, or
not to have exercised, in respect of his service subsequent to re-employment,
the said option, according as he exercised, or did not exercise, such option
in respect of his previous service even if, in respect of such previous
service, the option was not available to him. (L.N. 17 of 1976)

(7) Where an officer retires or leaves the service in accordance with any
compensation scheme, the reduced pension and the gratuity in lieu of the
reduction in the pension shall be in accordance with the compensation scheme
applicable to the officer.

(36 of 1987 s. 49)