Hong Kong Regulations

PENSIONS REGULATIONS - REGULATION 29

Gratuity payable where a non-pensionable officer dies in the service under the Government

(Past version on 30/06/1997).

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

(1) Where no gratuity can be granted under section 17 of the Ordinance in
respect of a non-pensionable officer who dies while in the service under the
Government or whose death was caused in the discharge of his duty or as a
direct result of injuries received whilst on duty or by illness specifically
attributable to the nature of his duties, a gratuity may be granted under this
regulation-

   (a)  where the officer had not made a nomination under paragraph

(1AA), to his legal personal representative;

   (b)  where the officer had made a nomination under paragraph (1AA), to his
        spouse; or

   (c)  where such gratuity does not exceed such amount as may be determined
        by the Chief Executive, to such person as the Chief Executive shall
        name as the recipient. (3 of 1993 s. 33; 63 of 1999 s. 3)

(1AA) A non-pensionable officer may by a notice in writing to the Secretary
nominate his spouse to be the recipient of the gratuity payable under this
regulation in respect of his death. (3 of 1993 s. 33)

(1AB) An officer who makes a nomination under paragraph (1AA) may at any time
revoke the nomination by a notice in writing to the Secretary. (3 of 1993 s.
33)

(1A) In respect of an officer who has more than one period of continuous
service, a gratuity shall be granted under paragraph (1) in respect of each
period of continuous service; but the total sum of the gratuities granted in
respect of more than one period of continuous service shall not exceed the sum
of the gratuity that would have been granted had the officer's period of
service been continuous and had his highest salary or notional highest salary
in respect of his previous period of service, whichever is the greater, been
taken for the calculation of the gratuity, less any pension, gratuity or
allowance already paid or payable to him but excluding any additional pension
granted under regulation 31. (36 of 1987 s. 49)

(2) A gratuity granted under paragraph (1) shall be of an amount to be
determined by the Chief Executive but shall not exceed- (26 of 1982 s. 6; 63
of 1999 s. 3)

   (a)  where the officer has completed not less than 2 years' service under
        the Government and where-

        (i)    he was paid monthly- (A) 9 months' salary; or (B) the
               commuted annual allowance gratuity, if any, or where
               appropriate the commuted annual allowance gratuity supplemented
               in accordance with paragraph (2A), whichever is the greater;
               and

        (ii)   he was paid daily, 180 days' pay;

   (b)  where the officer has completed not less than 1 year's but less than 2
        years' service under the Government and where- (L.N. 551 of 1994)

        (i)    he was paid monthly, 6 months' salary; or

        (ii)   he was paid daily, 120 days' pay;

   (c)  where the officer has completed less than 1 year's service under the
        Government and where-

        (i)    he was paid monthly, 3 months' salary; or

        (ii)   he was paid daily, 60 days' pay. (3 of 1993 s. 33)

(2A) In the case of an officer whose period of service under the Government
is-

   (a)  not less than 5 nor more than 20 years; or

   (b)  more than 20 years but whose period of service to be taken into
        account in computing an award under regulation 26(1) is less than 20
        years, the commuted annual allowance gratuity, if any, may be
        supplemented by deeming his period of service to be taken into account
        in computing an award under regulation 26(1) to be twice his actual
        period of service to be taken into account in computing such award
        (subject to a maximum of 20 years) or the period of such service he
        would have completed if he had served until attaining the age of 55
        years, whichever is the lesser, but an officer who has been granted a
        deemed increase of service under this paragraph in respect of his
        previous period of service shall only be eligible for a further deemed
        increase of service for any subsequent period of service to the extent
        that the total deemed increase of service does not exceed the maximum
        deemed increase of service specified in this paragraph: Provided that
        this paragraph shall not apply in the case of a computation of a
        gratuity where the officer's service to be so taken into account has
        already been deemed under regulation 26(9) to be twice his actual
        period of such service or the period of such service he would have
        completed if he had served until attaining the age of 55 years. (26 of
        1982 s. 6; w.e.f. 9 January 1976)

(2AA) In computing a deceased officer's commuted annual allowance  gratuity
for the purposes of paragraph (2)-

   (a)  the officer's service shall be deemed to include any period of untaken
        vacation leave for which an ex gratia payment corresponding to the
        salary for that period has been made;

   (b)  notwithstanding sub-paragraph (a), for the purpose of determining an
        officer's annual salary, his service shall be deemed to have ended on
        the date of his death. (L.N. 123 of 1980)

(2B) For the purpose of supplementing under paragraph (2), (2A) or

(6) the commuted annual allowance gratuity of an officer to whom such
paragraph applies, where appropriate his continuous daily paid service prior
to transfer to monthly paid service shall be deemed to be monthly paid service
as if he had so elected under regulation 28(1)(b). (26 of 1982 s. 6; w.e.f. 30
May 1980)

(3) A gratuity granted under paragraph (1) to the legal personal
representative shall form part of the estate of the officer for the purposes
of distribution but, nevertheless, no estate duty shall be payable in respect
thereof, and this addition to the principal value of the estate shall not be
taken into account for the purpose of increasing the rate at which estate duty
on the remainder of the estate may be payable.

(4) In this regulation "commuted annual allowance gratuity"
(經折算的年積金 酬金) means the maximum gratuity, if any, which might
have been granted to the officer under regulation 26(5) if he had retired at
the date of his death in the circumstances described in paragraph (4)(a) and
(c) of that regulation and had elected to receive a gratuity and a reduced
annual  allowance. (G.N.A. 34 of 1962)

(5) For the purposes of computing 3 months', 6 months' or 9 months' salary of
an officer under paragraph (2), the highest monthly salary enjoyed or drawn by
him in the course of any particular period of continuous service only shall be
taken into account for computing the amount for that period; but, where an
officer is serving on trial or probation on an office immediately following
service other than on trial or probation, the highest monthly salary which the
officer would have enjoyed or drawn in his substantive rank at the date of his
retirement or death shall be taken into account. (36 of 1987 s. 49; 3 of 1993
s. 33)

(6) Where an officer dies after retirement from service under the Government
having been granted, or having become eligible for, an annual  allowance under
regulation 26 and that sums paid or payable at the date of his death on
account of such annual allowance, including any sum awarded by way of gratuity
under regulation 26 but excluding any additional pension awarded in accordance
with the provisions of regulation 31(2) are in total, less than the amount of
9 months' salary, or his commuted annual  allowance gratuity, if any, or where
appropriate the commuted annual  allowance gratuity supplemented in accordance
with paragraph (2A), whichever is the greater, the Chief Executive may grant a
gratuity equal to the deficiency to the officer's legal personal
representative or, where that gratuity does not exceed such amount as may be
determined by the Chief Executive, to such person as the Chief Executive shall
name as the recipient. (63 of 1999 s. 3) (G.N.A. 90 of 1960; L.N. 123 of 1980;
36 of 1987 s. 49)

"commuted annual allowance gratuity" (經折算的年積金酬金)