Hong Kong Regulations

PENSION BENEFITS REGULATIONS - REGULATION 16

Emoluments to be taken for computing pension benefits

(Past version on 30/06/1997).

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)