PENSION BENEFITS REGULATIONS - CHAPTER 99A PENSION BENEFITS REGULATIONS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 99, section 35 [1 July 1987] (L.N. 187 of 1987) PENSION BENEFITS REGULATIONS - REGULATION 1 Citation VerDate:30/06/1997 PART I PRELIMINARY These regulations may be cited as the Pension Benefits Regulations. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 2 Interpretation VerDate:30/06/1997 In these regulations, unless the context otherwise requires- "Category A officer" (甲類人員) means an officer who is appointed to an established office and who is confirmed in an established office at the time of his retirement or resignation from the service; "Category B officer" (乙類人員) means an officer who is- (a) holding a non-established office at the time of his retirement or resignation from the service; or (b) holding an established office at the time of his retirement or resignation from the service and who is not confirmed in an established office; "month" (月) means a complete month, and any incomplete month shall be taken to be that fraction of a complete month whereof the denominator is 30 and the numerator the number of days of service in that incomplete month, irrespective of the actual number of days in that month. (Enacted 1987) "Category A officer" (甲類人員) "Category B officer" (乙類人員) "month" (月) PENSION BENEFITS REGULATIONS - REGULATION 3 Application of Part II VerDate:01/07/1997 Adaptation amendments retroactively made - see 63 of 1999 s. 3 PART II OFFICERS OTHER THAN TRANSFERRED OFFICERS Save when the Chief Executive in any special case otherwise directs, this Part shall not apply in the case of any officer who is transferred to or from the service under the Government from or to other public service except for the purpose of determining whether such officer would have been eligible for pension benefits, and the amount of the pension benefits for which he would have been eligible, if his service had been wholly under the Government. (Enacted 1987. 63 of 1999 s. 3) PENSION BENEFITS REGULATIONS - REGULATION 3 Application of Part II VerDate:30/06/1997 PART II OFFICERS OTHER THAN TRANSFERRED OFFICERS Save when the Governor in any special case otherwise directs, this Part shall not apply in the case of any officer who is transferred to or from the service under the Government from or to other public service except for the purpose of determining whether such officer would have been eligible for pension benefits, and the amount of the pension benefits for which he would have been eligible, if his service had been wholly under the Government. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 4 Pension factor VerDate:30/06/1997 Subject to section 21 of the Ordinance, the factor for the computation of pension on retirement in the circumstances specified in sections 11, 12 and 14 of the Ordinance shall be- (a) in the case of- (i) a Category A officer or Category B officer who is appointed or re-appointed to service under the Government on or after 1 July 1987; or (ii) a Category A officer who is appointed or re-appointed to service under the Government before 1 July 1987, and who is an officer who has opted, or who is deemed to have opted, under section 9 of the Ordinance, 1/675 of his highest pensionable emoluments for each month of his pensionable service; and (b) in the case of a Category B officer who is appointed or re-appointed to service under the Government before 1 July 1987, and who is an officer who has opted, or who is deemed to have opted, under section 9 of the Ordinance- (i) 1/800 of his highest pensionable emoluments for each month of his pensionable service before 1 April 1987; and (ii) 1/675 of his highest pensionable emoluments for each month of his pensionable service after 31 March 1987. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 5 Rate of short service gratuity VerDate:30/06/1997 The rate of short service gratuity granted to an officer under section 32 of the Ordinance shall be an amount not exceeding 7 times the annual amount of the pension which, if there had been no requirement for a period of qualifying service, would have been granted to him at the factor prescribed in regulation 4. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 6 Application of Part III VerDate:30/06/1997 PART III TRANSFERRED OFFICERS This Part shall apply only in the case of an officer who is transferred to or from service under the Government from or to other public service. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 7 Interpretation VerDate:30/06/1997 (1) In this Part and Part IV- "Scheduled Government" (附表政府) means the Government of any country or territory, or any authority, mentioned in Schedule 1; (L.N. 374 of 1992) "service in the Group" (任職於組內的政府、任職於組內政府的服務) means service under the Government and under a Scheduled Government or Scheduled Governments. (2) For the purpose of this Part and Part IV- (a) any officer in public service under the Government of the Federation of Rhodesia and Nyasaland immediately before 1 January 1964 who was, immediately before that date, employed on secondment to service under the Government of Southern Rhodesia, the Government of Northern Rhodesia or the Government of Nyasaland, or was as from that date so employed, shall be deemed to continue in public service under the Government of the Federation of Rhodesia and Nyasaland until his employment on secondment was terminated; (b) any pension awarded on or after 1 January 1964 in respect of service under the Government of the Federation of Rhodesia and Nyasaland shall be deemed to have been granted by that Government notwithstanding the provisions of the Federation of Rhodesia and Nyasaland (Dissolution) Order 1963. (3) Where an officer, to whom this Part applies, is, on his retirement from the public service, not granted a pension or gratuity in respect of his employment in the service in which he is last employed, solely by reason of the fact that he has not held office therein for a specified period he shall nevertheless be deemed for the purpose of this Part to have retired in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity. (Enacted 1987) "Scheduled Government" (附表政府) "service in the Group" (任職於組內的政府、任職於組內政府的服務) PENSION BENEFITS REGULATIONS - REGULATION 8 Pension for service wholly within the Group VerDate:30/06/1997 (1) Where the other public service of an officer to whom this Part applies has been wholly under one or more Scheduled Governments, and his aggregate service would have qualified him had it been wholly under the Government for a pension under the Ordinance, he may, on his retirement from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity, be granted in respect of his service under the Government a pension of such an amount as shall bear the same proportion to the amount of pension for which he would have been eligible had his service been wholly under the Government, as the aggregate amounts of his pensionable emoluments during his service under the Government shall bear to the aggregate amounts of his pensionable emoluments throughout his service in the Group. (2) In determining for the purposes of this regulation the pension for which an officer would have been eligible if his service had been wholly under the Government- (a) in the application of regulation 16- (i) where the officer is not serving under a Scheduled Government at the date of his retirement from the public service, subject to sub-sub-paragraph (ii), the highest pensionable emoluments enjoyed by him in the service of a Scheduled Government shall be taken; (ii) if, by reason of any order made in any disciplinary proceedings against the officer, the amount to be taken in accordance with sub-sub-paragraph (i) exceeds the pensionable emoluments enjoyed or drawn by him in the service under the Government, or the pensionable emoluments enjoyed by him in the service under a Scheduled Government, as the case may be, at the date of his retirement or transfer, there shall be taken such pensionable emoluments; (b) no regard shall be had to any additional pension granted under section 15 or 16 of the Ordinance; (c) regard shall be had to the provision in section 21 (1) of the Ordinance that pension shall not exceed two-thirds of his highest pensionable emoluments; and (d) no period of other public service under a Scheduled Government in respect of which no pension or gratuity is grantable to him shall be taken into account. (3) For the purposes of this regulation, the aggregate amount of an officer's pensionable emoluments shall be taken as the total amount of pensionable emoluments which he would have received or enjoyed had he been on duty on full pay in his substantive office or offices throughout his period of service in the Group: (4 of 1993 s. 40) Provided that- (a) in calculating the aggregate amount of his pensionable emoluments, no account shall be taken of any service under the Government or under a Scheduled Government in respect of which no pension or gratuity is granted to him by the Government or such Scheduled Government, as the case may be; (b) where any service in a civil capacity otherwise than in a pensionable or established office is taken into account as pensionable service, the officer's aggregate pensionable emoluments during that service shall be taken into account to the same extent as that service is taken into account as pensionable service. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 9 Pension where other service not within the Group VerDate:30/06/1997 (1) Where the other public service of an officer to whom this Part applies has not included service under any Scheduled Government, and his aggregate service would have qualified him, had it been wholly under the Government, for a pension under the Ordinance he may, on his retirement from the public service in the circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on a pension or gratuity, be granted in respect of his service under the Government a pension at the rate of 1/675 of his highest pensionable emoluments for each month of his pensionable service under the Government. (2) Where the officer is not in the service under the Government at the time of such retirement, his pensionable emoluments for the purposes of paragraph (1) shall be those which would have been taken for the purpose of computing his pension if he had retired from the public service and had been granted a pension at the date of his last transfer from service under the Government. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 10 Pension when other service both within and not within the Group VerDate:30/06/1997 Where a part only of the other public service of an officer to whom this Part applies has been under one or more Scheduled Governments, the provisions of regulation 8 shall apply; but in calculating the amount of pension regard shall be had only to service in the Group. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 11 Rate of short service gratuity VerDate:30/06/1997 The rate of short service gratuity granted to an officer under section 32 of the Ordinance to whom this Part applies and who retires from the public service in circumstances in which he is permitted by the law or regulations of the service in which he is last employed to retire on pension or gratuity shall be an amount not exceeding 7 times the annual amount of the pension which, if there had been no requirement for a period of qualifying service, would have been granted to him under regulation 8, 9 or 10, as the case may be. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 12 Computation of deferred pension for service within the Group VerDate:30/06/1997 A deferred pension granted to an officer in respect of service within the Group shall be computed in accordance with regulation 8, 9 or 10, as the case may be. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 13 General rules as to qualifying service and pensionable service VerDate:01/07/1997 Adaptation amendments retroactively made - see 63 of 1999 s. 3 PART IV GENERAL (1) Subject to these regulations, qualifying service shall be the inclusive period between the date on which an officer begins to draw salary in respect of public service and the date of his leaving public service, without deduction of any period during which he has been absent on leave. (2) Only service under the Government shall be taken into account as qualifying service in respect of an officer, other than an officer who is transferred to or from service under the Government from or to other public service. (3) No period which is not qualifying service shall be taken into account as pensionable service. (4) No period during which an officer was not in the public service shall be taken into account as qualifying service and pensionable service. (5) Any period during which an officer, who is in the public service, is seconded to service which is not public service may, with the approval of the Chief Executive, be counted as qualifying service and pensionable service. (63 of 1999 s. 3) (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 13 General rules as to qualifying service and pensionable service VerDate:30/06/1997 PART IV GENERAL (1) Subject to these regulations, qualifying service shall be the inclusive period between the date on which an officer begins to draw salary in respect of public service and the date of his leaving public service, without deduction of any period during which he has been absent on leave. (2) Only service under the Government shall be taken into account as qualifying service in respect of an officer, other than an officer who is transferred to or from service under the Government from or to other public service. (3) No period which is not qualifying service shall be taken into account as pensionable service. (4) No period during which an officer was not in the public service shall be taken into account as qualifying service and pensionable service. (5) Any period during which an officer, who is in the public service, is seconded to service which is not public service may, with the approval of the Governor, be counted as qualifying service and pensionable service. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 14 Continuity of service VerDate:30/06/1997 (1) Except as otherwise provided in these regulations, only continuous service shall be taken into account as qualifying service or as pensionable service. (2) Where an officer has more than one period of pensionable service, every such period shall be taken into account separately for the purposes of computing pension benefits. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 15 Military service to count for pension benefits VerDate:30/06/1997 Where an officer, including a serving officer, has served with Her Majesty's Forces in time of war and before so serving was employed in public service the following provisions shall apply- (a) during the period of such service with Her Majesty's Forces, including any period after the termination of the war, (in this regulation referred to as military service), he shall be deemed for the purposes of the Ordinance and these regulations to have been on leave on full salary from the public service in which he was last employed, and to have held the substantive office last held by him in that service prior to his military service; (b) during any period between his leaving public service for the purpose of serving with Her Majesty's Forces and the date of his commencing military service he shall, for the purposes of the Ordinance and these regulations, be deemed to be on leave without salary, not granted on grounds of public policy, from the public service in which he was last employed and to have held the substantive office last held by him in that service prior to his military service; and during any period between the termination of his military service and the date of his re-entering the public service he shall, for the said purposes, be deemed to be on leave as aforesaid from public service and to have held the substantive office in which he is re-employed: Provided that- (i) this regulation shall not apply when either period mentioned in paragraph (b) exceeds 3 months, or such longer period as the Governor may in any special case determine; or if the officer fails after his military service to re-enter the public service otherwise than in circumstances in which he would be permitted under the law applicable to the public service in which he is last employed prior to his military service to retire on pension or gratuity, such circumstances arising not later than the expiration of 3 months, or such longer period as may be determined as aforesaid, after the termination of his military service; (ii) this regulation shall not apply when an officer shall have commenced his military service without the approval of the Governor of the territory in the service of which he was last employed before so serving; (iii) if during any period mentioned in paragraph (a) the officer shall have qualified for pension, or received emoluments in lieu of pension rights, actually in respect of his military service, paragraph (a) shall, as respects that period, have effect as if the words "leave without salary, not granted on grounds of public policy," were substituted for the words "leave on full salary"; (iv) if during his military service the officer shall be injured or killed, he shall not for the purposes of any provision of the Ordinance and these regulations relating to injury or death awards, be deemed to have been injured or killed in the discharge of his duty; (v) the provisions of this regulation which require that the officer shall be deemed to have held a specified office and to have been on leave from a specified service shall not apply in respect of any period during which he shall actually have held any other substantive office and have been on leave from any public service; (vi) save where in any particular case the Governor otherwise directs, this regulation shall not apply where the office in the public service last held by the officer prior to his military service was not an established office; (vii) this regulation shall not apply to an officer who has received a pension or gratuity during a period of his military service in respect of public service prior to joining the military service. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 15A Additional pension in respect of war service VerDate:30/06/1997 (1) This regulation applies to any officer- (a) who has at any time (whether before or after the commencement of the Pension Benefits (Amendment) Regulation 1992 (L.N. 374 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 for the Civil Service, necessary before he could be appointed to that service; or (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 1/675 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 1/675 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 Pension Benefits (Amendment) Regulation 1992 (L.N. 374 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 24 of the Ordinance 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. 374 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) PENSION BENEFITS REGULATIONS - REGULATION 16 Emoluments to be taken for computing pension benefits VerDate:01/07/1997 Adaptation amendments retroactively made - see 63 of 1999 s. 3 (1) Subject to this regulation, for computing the amount of the pension benefits of an officer, the highest pensionable emoluments enjoyed or drawn by him in the course of his public service shall be taken into account: Provided that if, by reason of any order made in any disciplinary proceedings against an officer, the amount to be taken in accordance with the provisions of this regulation exceeds the pensionable emoluments enjoyed or drawn by him at the date of his retirement or resignation, as the case may be, there shall be taken such pensionable emoluments. (2) 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 into account for computing the amount of the pension benefits for that period. (3) Where an officer is serving on trial or on probation in an office immediately following public service other than on trial or probation, the highest pensionable emoluments which the officer would have enjoyed or drawn in his substantive office shall be taken into account for computing the amount of the pension benefits in respect of such service. (4) 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- (a) 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); (b) the officer retires in one of the cases referred to in section 11(1)(d), (g) or (h) of the Ordinance; or (c) the Chief Executive in any case otherwise directs. (63 of 1999 s. 3) (5) In the case of a serving officer who has further opted under section 8(3) of the Ordinance that 100 per cent of his substantive salary, special allowance and expatriation pay shall be taken a pensionable emoluments under the Ordinance- (a) the highest pensionable emoluments specified in section 22(1)(b)(i) of the Ordinance shall be taken into account for computing the pension benefits for the period of his service prior to the material date; and (b) the highest pensionable emoluments specified in section 22(1)(b)(ii) of the Ordinance shall be taken into account for computing the pension benefits for the period of his service from the material date. (4 of 1993 s. 41) (6) For the purposes of paragraph (5), "material date" (關鍵日期) means a date to be determined in accordance with the terms of a Circular issued by the Secretary for the Civil Service under this regulation. (Enacted 1987) "material date" (關鍵日期) PENSION BENEFITS REGULATIONS - REGULATION 16 Emoluments to be taken for computing pension benefits VerDate:30/06/1997 (1) Subject to this regulation, for computing the amount of the pension benefits of an officer, the highest pensionable emoluments enjoyed or drawn by him in the course of his public service shall be taken into account: Provided that if, by reason of any order made in any disciplinary proceedings against an officer, the amount to be taken in accordance with the provisions of this regulation exceeds the pensionable emoluments enjoyed or drawn by him at the date of his retirement or resignation, as the case may be, there shall be taken such pensionable emoluments. (2) 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 into account for computing the amount of the pension benefits for that period. (3) Where an officer is serving on trial or on probation in an office immediately following public service other than on trial or probation, the highest pensionable emoluments which the officer would have enjoyed or drawn in his substantive office shall be taken into account for computing the amount of the pension benefits in respect of such service. (4) 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- (a) 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); (b) the officer retires in one of the cases referred to in section 11(1)(d), (g) or (h) of the Ordinance; or (c) the Governor in any case otherwise directs. (5) In the case of a serving officer who has further opted under section 8(3) of the Ordinance that 100 per cent of his substantive salary, special allowance and expatriation pay shall be taken a pensionable emoluments under the Ordinance- (a) the highest pensionable emoluments specified in section 22(1)(b)(i) of the Ordinance shall be taken into account for computing the pension benefits for the period of his service prior to the material date; and (b) the highest pensionable emoluments specified in section 22(1)(b)(ii) of the Ordinance shall be taken into account for computing the pension benefits for the period of his service from the material date. (4 of 1993 s. 41) (6) For the purposes of paragraph (5), "material date" (關鍵日期) means a date to be determined in accordance with the terms of a Circular issued by the Secretary for the Civil Service under this regulation. (Enacted 1987) "material date" (關鍵日期) PENSION BENEFITS REGULATIONS - REGULATION 17 Service which may be taken as pensionable service VerDate:30/06/1997 (1) Subject to any option exercised under section 8(1) of the Ordinance and to these regulations, only service in an office the terms of appointment of which attracts pension benefits shall be taken into account as pensionable service. (2) Where a Category A officer has a period of service in a non-established office prior to 1 April 1987 and such service is immediately followed by service in an established office and the officer is subsequently confirmed in an established office, only 675/800 of such service in the non-established office shall be taken into account as pensionable service of a Category A officer; but where all the service of an officer is in a non-established office after 31 March 1987 the whole of such service shall be taken into account as pensionable service. (3) Where an officer has been transferred from an established office in which he has been confirmed to a non-established office and subsequently retires or resigns, or is retired, as specified in section 11(1) of the Ordinance, the whole service of such officer may be counted- (a) as pensionable service of a Category B officer; or (b) as pensionable service of a Category A officer but at his pensionable emoluments at the date of his transfer, whichever yields the greater pension or short service gratuity. (4) 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 the Pensions Regulations (Cap 89 sub. leg.), the period of service prior to such retirement shall not be taken into account as pensionable service. (5) 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 of a Category A officer. (L.N. 552 of 1994) (6) 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 of the Pensions Regulations (Cap 89 sub. leg.), is subsequently re-appointed to 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- (i) an application to the contrary has been made within 6 months of 17 November 1972; (ii) there has been no break of service; and (iii) the gratuity received has been refunded together with interest at a rate to be determined by the Financial Secretary. (7) 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 the Pensions Regulations (Cap 89 sub. leg.), is without break in service subsequently re-appointed to service under the Government, the period of service prior to such retirement shall be taken into account as pensionable service. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 18 Deemed increase in service where retirement is on medical grounds VerDate:30/06/1997 (1) Subject to paragraph (2), in the case of an officer who retires from the public service under section 11(1)(h) of the Ordinance and whose period of qualifying service under the Government is- (a) not less than 5 nor more than 22 1/2 years; or (b) more than 22 1/2 years but whose pensionable service is less than 22 1/2 years, his pensionable service shall be deemed to be- (i) twice the actual period of his pensionable service, subject to a maximum of 22 1/2 years; or (ii) the period of pensionable service that he would have completed if he had served until attaining the age of 60, whichever is the lesser. (2) Paragraph (1) shall apply in the case of an officer who is re-appointed to service under the Government irrespective of the length of qualifying service completed during such re-appointment, but the deemed increase of pensionable service under that paragraph shall be limited as provided in section 20(8) and (9) of the Ordinance. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 18A Deemed increase in service where retirement is necessitated by duty-related injury VerDate:30/06/1997 (1) Subject to paragraph (2), where- (a) an officer retires from the public service on the ground that he is incapable by reason of infirmity of mind or body of discharging the duty of his office; and (b) his retirement is necessitated or materially accelerated by permanent injury sustained in the circumstances described in section 14(1) of the Ordinance, his pensionable service shall be deemed to be twice the actual period of his pensionable service, subject to a minimum of 2 years and a maximum of- (i) 22 1/2 years; or (ii) the period of pensionable service that he would have completed if he had served until attaining the age of 60, whichever is the lesser. (2) Paragraph (1) shall apply in the case of an officer who is reappointed to service under the Government irrespective of the length of qualifying service completed during such reappointment, but the deemed increase of pensionable service under that paragraph shall be limited as provided in section 20(8) and (9) of the Ordinance. (3 of 1993 s. 52) PENSION BENEFITS REGULATIONS - REGULATION 19 Deemed increase in service where Scheduled officers retire after the age 55 VerDate:30/06/1997 (1) Subject to paragraphs (2), (3) and (4), in the case of a Scheduled officer who retires in accordance with an order made under section 10(3) of the Ordinance on attaining, or after attaining, the age of 55 years his pensionable service shall be deemed to increase at the following rate- Age at date of retirement Deemed increase in service in months for every full year of completed service 55 and less than 56 56 and less than 57 57 and less than 58 58 and less than 59 59 and less than 60 1.25 1.00 0.75 0.50 0.25 (2) The deemed increase in paragraph (1) shall apply to a Scheduled officer, who has further opted under section 8(3) of the Ordinance, on a pro rata basis in accordance with a Circular issued by the Secretary for the Civil Service. (3) The total length of the pensionable service of a Scheduled officer, after the addition of the deemed increase in his service in accordance with paragraph (1) or (2), shall not exceed- (a) the period of pensionable service required for attaining maximum pension; or (b) the period of pensionable service that the Scheduled officer would have completed if he had served until attaining the age of 60 years, whichever is the lesser. (4) This regulation shall not apply to a Scheduled officer who retires under section 11(1)(i) of the Ordinance. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 20 Acting service VerDate:30/06/1997 Where an officer has performed acting service in an office under the Government the period of the acting service may be taken into account as pensionable service (subject to regulation 17 if the acting service is in a non-established office) if the period of the acting service- (a) is not taken into account as part of the officer's pensionable service in other public service; and (b) is immediately preceded or followed by service as the substantive holder of an established office under the Government. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 21 Service not counting as pensionable service VerDate:01/07/1997 Adaptation amendments retroactively made - see 63 of 1999 s. 3 (1) Save as otherwise provided in these regulations, there shall not be taken into account as pensionable service any period of service while an officer- (a) (Repealed 4 of 1993 s. 42) (b) was on agreement expressly providing for the payment of a gratuity dependent upon the length of his service, unless he has refunded the gratuity (if any) received in respect of that period together with interest at a rate to be determined by the Financial Secretary; (c) was on agreement on monthly terms not providing for payment of a gratuity, unless without break of service he is confirmed in an established office; (d) was serving in an office the terms of appointment of which do not attract pension benefits; (e) was absent from duty without salary, unless such absence shall have been approved on grounds of public policy by the Chief Executive. (63 of 1999 s. 3) (2) (Repealed 4 of 1993 s. 42) (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 21 Service not counting as pensionable service VerDate:30/06/1997 (1) Save as otherwise provided in these regulations, there shall not be taken into account as pensionable service any period of service while an officer- (a) (Repealed 4 of 1993 s. 42) (b) was on agreement expressly providing for the payment of a gratuity dependent upon the length of his service, unless he has refunded the gratuity (if any) received in respect of that period together with interest at a rate to be determined by the Financial Secretary; (c) was on agreement on monthly terms not providing for payment of a gratuity, unless without break of service he is confirmed in an established office; (d) was serving in an office the terms of appointment of which do not attract pension benefits; (e) was absent from duty without salary, unless such absence shall have been approved on grounds of public policy by the Governor. (2) (Repealed 4 of 1993 s. 42) (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 22 Rates of additional pension on retirement on abolition of office or compulsory retirement VerDate:30/06/1997 (1) Subject to paragraphs (2) and (3), the rate of additional pension granted under section 16 of the Ordinance shall be- (a) in the case of a Category A officer, 10/675 of his highest pensionable emoluments for each complete 3-year period of his pensionable service; (b) in the case of a Category B officer- (i) in respect of service before 1 April 1987, 1/80 of his highest pensionable emoluments for each complete 3-year period of his pensionable service; (ii) in respect of an incomplete 3-year period of his pensionable service, service before 1 April 1987 which is followed by pensionable service after that date sufficient to complete a 3-year period, 10/675 of his highest pensionable emoluments; and (iii) in respect of service after 1 April 1987, other that where sub-sub-paragraph (ii) applies, 10/675 of his highest pensionable emoluments for each complete 3-year period of his pensionable service. (2) Subject to paragraph (3), an additional pension granted to an officer in accordance with paragraph (1), shall not exceed 100/675 of the officer's highest pensionable emoluments. (3) An additional pension granted to an officer in accordance with paragraph (1) together with any pension granted to him at the factor prescribed in regulation 4 shall not exceed the amount of pension which an officer would have been granted if he had continued to serve until the date on which he would have reached his retirement age, having received all increments for which he would have been eligible by that date. (Enacted 1987) PENSION BENEFITS REGULATIONS - REGULATION 23 Rates of additional pension on account of injuries VerDate:01/07/1997 Adaptation amendments retroactively made - see 63 of 1999 s. 3 (1) Subject to paragraphs (2) and (5), the annual rate of additional pension granted under section 15(1) of the Ordinance to an officer who is injured on or after 1 February 1993 in the circumstances described in section 14 of the Ordinance shall be the same percentage of his actual pensionable emoluments as at the date of his injury as the percentage of permanent incapacity resulting from such injury. (3 of 1993 s. 53; L.N. 552 of 1994) (1A) The percentage of permanent incapacity referred to in paragraph (1) shall be assessed in such manner as the Secretary for the Civil Service may specify by general notice published in the Gazette. (3 of 1993 s. 53) (1B) Subject to paragraphs (2) and (6), the annual rate of additional pension granted under section 15(1) of the Ordinance to an officer who is injured before 1 February 1993 in the circumstances described in section 14 of the Ordinance shall be the proportion of his actual pensionable emoluments at the date of his injury appropriate to his case as shown in the table in this paragraph, whether his capacity to contribute to his own support because of the injury is impaired before or after his retirement. TABLE When the officer's capacity to contribute to his own support is- (a) slightly impaired ........................................ ......................................... 50/675 (b) impaired ........................................................................... ................. 100/675 (c) materially impaired ........................................................................... .. 150/675 (d) totally destroyed ........................................................................... ...... 200/675 (L.N. 552 of 1994) (1C) A medical board appointed by the Hospital Authority shall determine for the purpose of paragraph (1B)- (a) whether or not an officer's capacity to contribute to his own support because of the injury is impaired; and (b) the degree of impairment in accordance with the table in paragraph (1B). (L.N. 552 of 1994) (2) The rate of additional pension under paragraph (1) or (1B) may be reduced to such an extent as the Chief Executive thinks reasonable where the injury is not the cause or the sole cause of retirement. (L.N. 552 of 1994; 63 of 1999 s. 3) (3) (Repealed 3 of 1993 s. 53) (4) An additional pension in accordance with this regulation shall be payable- (a) in the case of an officer who suffers incapacity before his retirement or whose capacity to contribute to his own support is impaired before his retirement, with effect from the date of his retirement; (L.N. 552 of 1994; 63 of 1993 s. 3) (b) in the case of an officer who suffers incapacity after his retirement or whose capacity to contribute to his own support is impaired after his retirement, with effect from the date on which such incapacity is determined in accordance with paragraph (1A) or the date on which his degree of impairment is determined, as the case may be. (3 of 1993 s. 53; L.N. 552 of 1994) (5) If there is any variation in the degree of permanent incapacity of an officer subsequent to the grant of an additional pension at a rate in accordance with this regulation, the rate at which the additional pension has been granted may be reassessed in such manner as the Secretary for the Civil Service may specify by general notice published in the Gazette and at such time as the Secretary for the Civil Service may think fit. (3 of 1993 s. 53) (6) If there is any variation in the degree of the impairment of an officer's capacity to contribute to his own support subsequent to the grant of an additional pension at a rate in accordance with paragraph (1B), the rate at which the additional pension has been granted may be reassessed in accordance with the table in paragraph (1B) by a medical board appointed by the Hospital Authority at such time or times as the board may think fit. (L.N. 552 of 1994) PENSION BENEFITS REGULATIONS - REGULATION 23 Rates of additional pension on account of injuries VerDate:30/06/1997 (1) Subject to paragraphs (2) and (5), the annual rate of additional pension granted under section 15(1) of the Ordinance to an officer who is injured on or after 1 February 1993 in the circumstances described in section 14 of the Ordinance shall be the same percentage of his actual pensionable emoluments as at the date of his injury as the percentage of permanent incapacity resulting from such injury. (3 of 1993 s. 53; L.N. 552 of 1994) (1A) The percentage of permanent incapacity referred to in paragraph (1) shall be assessed in such manner as the Secretary for the Civil Service may specify by general notice published in the Gazette. (3 of 1993 s. 53) (1B) Subject to paragraphs (2) and (6), the annual rate of additional pension granted under section 15(1) of the Ordinance to an officer who is injured before 1 February 1993 in the circumstances described in section 14 of the Ordinance shall be the proportion of his actual pensionable emoluments at the date of his injury appropriate to his case as shown in the table in this paragraph, whether his capacity to contribute to his own support because of the injury is impaired before or after his retirement. TABLE When the officer's capacity to contribute to his own support is- (a) slightly impaired ........................................ ......................................... 50/675 (b) impaired ........................................................................... ................. 100/675 (c) materially impaired ........................................................................... .. 150/675 (d) totally destroyed ........................................................................... ...... 200/675 (L.N. 552 of 1994) (1C) A medical board appointed by the Hospital Authority shall determine for the purpose of paragraph (1B)- (a) whether or not an officer's capacity to contribute to his own support because of the injury is impaired; and (b) the degree of impairment in accordance with the table in paragraph (1B). (L.N. 552 of 1994) (2) The rate of additional pension under paragraph (1) or (1B) may be reduced to such an extent as the Governor thinks reasonable where the injury is not the cause or the sole cause of retirement. (L.N. 552 of 1994) (3) (Repealed 3 of 1993 s. 53) (4) An additional pension in accordance with this regulation shall be payable- (a) in the case of an officer who suffers incapacity before his retirement or whose capacity to contribute to his own support is impaired before his retirement, with effect from the date of his retirement; (3 of 1993 s. 53; L.N. 552 of 1994) (b) in the case of an officer who suffers incapacity after his retirement or whose capacity to contribute to his own support is impaired after his retirement, with effect from the date on which such incapacity is determined in accordance with paragraph (1A) or the date on which his degree of impairment is determined, as the case may be. (3 of 1993 s. 53; L.N. 552 of 1994) (5) If there is any variation in the degree of permanent incapacity of an officer subsequent to the grant of an additional pension at a rate in accordance with this regulation, the rate at which the additional pension has been granted may be reassessed in such manner as the Secretary for the Civil Service may specify by general notice published in the Gazette and at such time as the Secretary for the Civil Service may think fit. (3 of 1993 s. 53) (6) If there is any variation in the degree of the impairment of an officer's capacity to contribute to his own support subsequent to the grant of an additional pension at a rate in accordance with paragraph (1B), the rate at which the additional pension has been granted may be reassessed in accordance with the table in paragraph (1B) by a medical board appointed by the Hospital Authority at such time or times as the board may think fit. (L.N. 552 of 1994) PENSION BENEFITS REGULATIONS - REGULATION 24 Amendment of Schedule VerDate:30/06/1997 The Secretary for the Civil Service may by order published in the Gazette amend the Schedule. (Enacted 1987) PENSION BENEFITS REGULATIONS - SCHEDULE 1 VerDate:30/06/1997 [regulation 7] (L.N. 374 of 1992) Aden Antigua Bahamas Barbados Basutoland Bechuanaland Protectorate Bermuda British Antarctic Territory British Guiana British Honduras British Solomon Islands Protectorate Brunei Cayman Islands Ceylon, in respect of any officer appointed to service under the Government of Ceylon before 4 February 1948 Crown Agents for Oversea Governments and Administrations Cyprus Cyprus, in respect of any officer appointed to service under the Government of Cyprus before 16 August 1960 Dominica East Africa High Commission East African Common Services Organization East African Common Services Organization or, with effect from 1 December 1967, the East African Community, in respect of any person deemed to have been appointed or appointed to service as President, Vice-President, Justice of Appeal, Registrar, officer or servant of the Court of Appeal for Eastern Africa or, with effect from 1 December 1967, of the Court of Appeal for East Africa or successor corporation East African Community East African Harbours Corporation East African Posts and Telecommunications Corporation East African Railways and Harbours Administration East African Railways Corporation Eastern Region of Nigeria Employing Authorities under the Oversea Superannuation Scheme Employing Authorities under the Overseas Service Act 1958 Falkland Islands Federal Republic of Nigeria Federated Malay States Federation of Malaya Federation of Nigeria Federation of Rhodesia and Nyasaland Fiji Gambia Ghana Gibraltar Gilbert and Ellice Islands Colony Gold Coast Grenada Guyana Jamaica Kenya Kenya and Uganda Railways and Harbours Administration Kingdom of Lesotho Leeward Islands (before 1 July 1956) Malawi Malayan Establishment Malayan Union Malaysia Malta Mauritius Mid West Nigeria Montserrat Nigeria North Borneo Northern Region of Nigeria Northern Rhodesia Nyasaland Overseas Audit Department (Home Establishment) Palestine, in respect of any officer appointed to service under the Government of Palestine before 15 May 1948 Peoples' Democratic Republic of Yemen Post Office, United Kingdom of Great Britain and Northern Ireland Republic of Botswana Republic of Zambia Sabah St. Christopher Nevis and Anguilla St. Helena St. Lucia St. Vincent Sarawak Seychelles Sierra Leone Singapore Somali Republic, in respect of any officer appointed to service under the former Government of the Somaliland Protectorate before 26 June 1960 Somaliland Protectorate Straits Settlements Swaziland Tanganyika The West Indies (Federation) Trinidad Turks and Caicos Islands Uganda United Kingdom of Great Britain and Northern Ireland United Republic of Tanzania Virgin Islands Western Region of Nigeria Zanzibar PENSION BENEFITS REGULATIONS - SCHEDULE 2 WOMEN'S SERVICES VerDate:30/06/1997 [regulation 15A] 1. Member of Queen Alexandra's Royal Naval Nursing Service or any reserve thereof. 2. Member of the Women's Royal Naval Service. 3. Woman medical or dental practitioner serving in the Royal Navy or any naval reserve. 4. Member of Queen Alexandra's Imperial Military Nursing Service or any reserve thereof or of Queen Alexandra's Royal Army Nursing Corps or any reserve thereof. 5. Member of the Territorial Army Nursing Service or any reserve thereof. 6. Member of the Auxiliary Territorial Service or the Women's Royal Army Corps. 7. Woman employed with the Royal Army Medical Corps or the Army Dental Corps with relative rank as an officer. 8. Member of Princess Mary's Royal Air Force Nursing Service or any reserve thereof. 9. Member of the Women's Auxiliary Air Force or the Women's Royal Air Force. 10. Woman employed with the Medical Branch or the Dental Branch of the Royal Air Force with relative rank as an officer. 11. Member of the Voluntary Aid Detachments employed under the Admiralty, Army Council or Air Council. (L.N. 374 of 1992)