Hong Kong Regulations

PENSION BENEFITS REGULATIONS - REGULATION 8

Pension for service wholly within the Group

(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)