【 标 题 】第79章 尚存配偶及子女抚恤金条例
Cap 79 SURVIVING SPOUSES" AND CHILDREN"S PENSIONS ORDINANCE
 

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Cap 79 Long title

To make provision for granting pensions to surviving spouses and children of deceased public officers, and for purposes connected therewith.

(Amended 3 of 1993 s. 2)

[1 January 1978] L.N. 323 of 1977

(Originally 75 of 1977)

Cap 79 s 1 Short title

This Ordinance may be cited as the Surviving Spouses" and Children"s Pensions Ordinance.

(Amended 3 of 1993 s. 3)

Cap 79 s 2 Interpretation


(1) In this Ordinance, unless the context otherwise requires-
"agreement" (合约) in relation to an officer means an agreement expressly providing for the payment of a gratuity dependent upon the length of service of such officer, or of a monthly pension in lieu of such a gratuity; (Amended 59 of 1982 s. 2)
"appointed day" (指定日期) means the day appointed under section 2A; (Added 3 of 1993 s. 4)
"authorized increase" (特准增加额) has the same meaning as in the Pensions (Increase) Ordinance (Cap 305); (Added 36 of 1987 s. 37)
"basic pension" (基本退休金) has the same meaning as in the Pensions (Increase) Ordinance (Cap 305); (Added 36 of 1987 s. 37)
"child" (子女) in relation to a contributor- (Amended 28 of 2004 s. 35)(a) includes-(i) an illegitimate child, a step-child and a child adopted by the contributor; and
(ii) a child of the contributor adopted by another person under an adoption order granted under paragraph (c) of section 5(1) of the Adoption Ordinance (Cap 290) where the contributor is the parent referred to in that paragraph; but(b) subject to paragraph (a)(ii) and except as provided in subsection (5)(ac), does not include a child of the contributor adopted by another person; (Amended 28 of 2004 s. 35)"children"s pension" (子女抚恤金) means a pension granted under section 5(b);
"contributions" (供款) means contributions made under this Ordinance or the existing Ordinance, other than contributions made under the existing Ordinance to which that Ordinance does not cease to apply under section 26;
"contributor" (供款人) means an officer to whom this Ordinance applies;
"contributory service" (供款服务期) in relation to a public officer means the total period or periods in respect of which he made contributions notwithstanding the return of any contributions under section 14(2)(b) or (c);
"the deceased" (死者) means a deceased contributor;
"Directors" (委员会) means the Board of Directors established by section 4;
"existing contributor" (现有供款人) means a contributor who first becomes a contributor before the appointed day and who has not made an election under section 3A(1); (Added 3 of 1993 s. 4)
"existing Ordinance" (现有条例) means the Widows and Orphans Pension Ordinance (Cap 94);
"medical grounds" (健康理由) in relation to the retirement of a public officer-(a) from service under the Government, means the retirement on medical evidence to the satisfaction of the Chief Executive that he is incapable by reason of any infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent; (Amended 36 of 1987 s. 37; 63 of 1999 s. 3)
(b) from other public service, means the circumstances prescribed in the law or regulations of the public service in which he was last employed, as correspond to the circumstances prescribed in paragraph (a); (Amended 36 of 1987 s. 37)"new contributor"(新供款人) means a contributor who-(a) first becomes a contributor on or after the appointed day; or
(b) makes an election under section 3A(3) or (4) to make contributions under this Ordinance; (Added 3 of 1993 s. 4)"public officer" (公职人员) means-(a) at any time before the appointed day, a person who is appointed to or reappointed to an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), whether on probation or not; and
(b) at any time on or before the appointed day,-(i) an officer who is appointed to or reappointed to an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), whether on probation or not;
(ii) an officer who is in service under the Government and who is appointed or reappointed to a non-established office otherwise than on agreement; (Replaced 3 of 1993 s. 4)"spouse" (配偶) in relation to a person means, subject to subsection (7), the person to whom the first mentioned person is, by reason of the form of marriage contracted, lawfully married and includes-(a) in the case of a Chinese person, his kit fat or tin fong wife;
(b) in the case of lawful polygamous marriage, the principal wife recognized as such by the personal law of the husband; (Added 3 of 1993 s. 4)"surviving spouse" (尚存配偶) in relation to a person, means a person who was the spouse of the person immediately prior to his death; (Added 3 of 1993 s. 4)
"surviving spouse"s pension" (尚存配偶抚恤金) means a pension granted under section 5(a); (Added 3 of 1993 s. 4)
"transferred" (转任), in relation to a public officer, means transferred to or from service under the Government from or to other public service;

(Amended 3 of 1993 s. 4)
(2) The expressions "established office" (设定职位), "non-established office" (非设定职位), "notional highest pensionable emoluments" (理论上最高可供计算退休金的薪酬), "other public service" (其他公职、其他公职服务), "pensionable emoluments" (可供计算退休金的薪酬), "pensionable service" (可供计算退休金的服务期), "public service" (公职、公职服务) and "salary" (薪金) have, in relation to a public officer-(a) in case the Pensions Ordinance (Cap 89) applies to such officer, the meanings assigned to them, respectively, by section 2 of that Ordinance and regulation 25 of the Pensions Regulations (Cap 89 sub. leg. A);
(b) in case the Pension Benefits Ordinance (Cap 99) so applies, the meanings assigned to them, respectively, by section 2 of that Ordinance; and (Replaced 36 of 1987 s. 37. Amended 85 of 1988 s. 39)
(c) in case the Pension Benefits (Judicial Officers) Ordinance (Cap 401) so applies, the meanings assigned to them, respectively, by section 2 of that Ordinance. (Added 85 of 1988 s. 39)(3) (a) The expression "the rate of the pension of the deceased" (死者退休金的数额) means the annual rate of the pension of the deceased, calculated in accordance with paragraph (b), plus any authorized increase, and in the case of a public officer who retired or transferred to other public service or ceased to make contributions under section 3A before attaining the age at which he would retire, shall include any authorized increase which the basic pension would have attracted had the officer attained that age prior to his retirement, transfer or cessation of contribution, and, in the case of an officer who transferred or ceased to make contributions, had instead retired.(b) Subject to paragraph (c) and section 7, the expression "the annual rate of the pension of the deceased" (死者退休金的每年数额) in paragraph (a) means a sum calculated at the rate of 1/600 of his annual pensionable emoluments, or annual emoluments or annual salary that would have been pensionable emoluments had he been appointed or re-appointed to an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), in each case at the time of his retirement or transfer from service under the Government or his death prior to such retirement or his ceasing to make contributions under section 3A, or his resignation from the service, for the grant of a deferred pension under the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), as the case may be, for each complete month of his contributory service subject to a maximum of 400 months, and any incomplete month of contributory service shall be taken to be that fraction of a complete month whereof the denominator is 30 and the numerator the number of days of contributory service in that incomplete month, irrespective of the actual number of days in that month. (Amended 85 of 1988 s. 39)
(c) Where the deceased had more than one period of contributory service, the expression "the annual rate of the pension of the deceased" (死者退休金的每年数额) in paragraph (a) means a sum calculated in accordance with paragraphs (b) and (d) in respect of each such period of contributory service.
(d) For the purpose of this subsection, in determining pensionable emoluments of a deceased-(i) where the Pensions Ordinance (Cap 89) applied to him-(A) the definition of "pensionable emoluments" in section 2(1) of that Ordinance;
(B) regulation 18 of the Pensions Regulations (Cap 89 sub. leg. A);
(C) the definition of "salary" in regulation 25 of those Regulations; and
(D) the computation of annual salary under regulation 26(2) of those Regulations,
shall apply mutatis mutandis as those provisions apply for the purpose of computing pension under that Ordinance;(ii) where the Pension Benefits Ordinance (Cap 99) applied to him, section 22 of that Ordinance and regulation 16 of the Pension Benefits Regulations (Cap 99 sub. leg. A) shall apply mutatis mutandis as those provisions apply for the purpose of computing pension under that Ordinance; and (Replaced 36 of 1987 s. 37. Amended 85 of 1988 s. 39)
(iii) where the Pension Benefits (Judicial Officers) Ordinance (Cap 401) applied to him, section 23 of that Ordinance and regulation 16 of the Pension Benefits (Judicial Officers) Regulations (Cap 401 sub. leg. A) shall apply mutatis mutandis as those provisions apply for the purpose of computing pension under that Ordinance. (Added 85 of 1988 s. 39)(3A) The expression "marriage" (婚姻) does not, in relation to any public officer, include a marriage which takes place after the officer has ceased to hold public office unless the Directors, in their absolute discretion and upon application in writing, decide otherwise. (Added 3 of 1993 s. 4)
(4) A reference in this Ordinance to an adopted child of a person shall be construed as a reference to a child adopted in pursuance of an adoption order made under the Adoption Ordinance (Cap 290) or by any adoption recognized as valid by the law of Hong Kong, and reference to a person by whom any person has been adopted shall be construed accordingly.(5) (a) A child of an existing contributor or a contributor who elects under section 3A(1) to cease to make contributions (whether or not he subsequently elects under section 3A(3) or (4) that this Ordinance shall apply to him) shall be deemed for the purposes of this Ordinance to be within the period of dependency if-(i) in the case of a male-(A) he is under the age of 18 years; or
(B) he is under the age of 23 years and, subject to paragraph (b), has since attaining the age of 18 years continuously received and is receiving full-time education at any university, college, school or other educational establishment;(ii) in the case of a female, she is-(A) (where she is married) under the age of 18 years;
(B) (where she is unmarried) under the age of 21 years; or
(C) under the age of 23 years and, subject to paragraph (b) has since attaining the age of 18 or 21 years continuously received and is receiving full-time education at any university, college, school or other educational establishment. (Replaced 3 of 1993 s. 4)(aa) A child of a new contributor shall be deemed for the purposes of this Ordinance to be within the period of dependency if-(i) he is under the age of 18 years; or
(ii) he is under the age of 23 years and, subject to paragraph (b) has since attaining the age of 18 years continuously received and is receiving full-time education at any university, college, school or other educational establishment. (Added 3 of 1993 s. 4)(ab) A child of a contributor shall be deemed for the purposes of this Ordinance to be within the period of dependency if he is accepted by the Directors as mentally or physically disabled to such extent that he cannot reasonably be expected to be financially independent and he remains thereafter to be so disabled. (Added 3 of 1993 s. 4. Amended 98 of 1994 s. 2)
(ac) A child of a contributor who is accepted by the Directors as mentally or physically disabled shall be deemed to remain as the child of the contributor for the purposes of this Ordinance after he is adopted by another person so long as the adoption takes place after the death of the contributor. (Added 98 of 1994 s. 2)
(b) As respects any circumstances in which the conditions specified in paragraph (a)(i)(B), (a)(ii)(B) or (aa)(ii) are not satisfied, the Directors may, if they think fit and are satisfied that full-time education ought not to be regarded as completed, direct either-(i) that any period or periods shall be ignored for the purposes of that paragraph; or
(ii) that any period or periods shall be treated as full-time education for all or any of the purposes of this Ordinance. (Replaced 57 of 1979 s. 2)(6) Where the marriage of any public officer has been annulled or dissolved by the decree of any competent court or in any other manner recognized as effective for that purpose by the law of Hong Kong, this Ordinance shall have effect in relation to him as if his spouse had died at the date of such decree or on such other date, as the case may be, when the annulment or dissolution took effect.
(7) On an application in writing the Directors may in their absolute discretion determine a person who-(a) cohabits with a contributor or a former contributor as the spouse of him; and
(b) is financially dependent on such contributor,to be the spouse of such contributor for the purposes of this Ordinance and where the Directors so determine, the references to "spouse" (配偶) in this Ordinance shall be construed as including references to such person. (Added 3 of 1993 s. 4)
(Amended 3 of 1993 s. 4)

Cap 79 s 2 Interpretation


(1) In this Ordinance, unless the context otherwise requires-
"agreement" (合约) in relation to an officer means an agreement expressly providing for the payment of a gratuity dependent upon the length of service of such officer, or of a monthly pension in lieu of such a gratuity; (Amended 59 of 1982 s. 2)
"appointed day" (指定日期) means the day appointed under section 2A; (Added 3 of 1993 s. 4)
"authorized increase" (特准增加额) has the same meaning as in the Pensions (Increase) Ordinance (Cap 305); (Added 36 of 1987 s. 37)
"basic pension" (基本退休金) has the same meaning as in the Pensions (Increase) Ordinance (Cap 305); (Added 36 of 1987 s. 37)
"child" (子女) in relation to a contributor- (Amended 28 of 2004 s. 35)(a) includes-(i) an illegitimate child, a step-child and a child adopted by the contributor; and
(ii) a child of the contributor adopted by another person under an adoption order granted under paragraph (c) of section 5(1) of the Adoption Ordinance (Cap 290) where the contributor is the parent referred to in that paragraph; but(b) subject to paragraph (a)(ii) and except as provided in subsection (5)(ac), does not include a child of the contributor adopted by another person; (Amended 28 of 2004 s. 35)"children"s pension" (子女抚恤金) means a pension granted under section 5(b);
"contributions" (供款) means contributions made under this Ordinance or the existing Ordinance, other than contributions made under the existing Ordinance to which that Ordinance does not cease to apply under section 26;
"contributor" (供款人) means an officer to whom this Ordinance applies;
"contributory service" (供款服务期) in relation to a public officer means the total period or periods in respect of which he made contributions notwithstanding the return of any contributions under section 14(2)(b) or (c);
"the deceased" (死者) means a deceased contributor;
"Directors" (委员会) means the Board of Directors established by section 4;
"existing contributor" (现有供款人) means a contributor who first becomes a contributor before the appointed day and who has not made an election under section 3A(1); (Added 3 of 1993 s. 4)
"existing Ordinance" (现有条例) means the Widows and Orphans Pension Ordinance (Cap 94);
"medical grounds" (健康理由) in relation to the retirement of a public officer-(a) from service under the Government, means the retirement on medical evidence to the satisfaction of the Chief Executive that he is incapable by reason of any infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent; (Amended 36 of 1987 s. 37; 63 of 1999 s. 3)
(b) from other public service, means the circumstances prescribed in the law or regulations of the public service in which he was last employed, as correspond to the circumstances prescribed in paragraph (a); (Amended 36 of 1987 s. 37)"new contributor"(新供款人) means a contributor who-(a) first becomes a contributor on or after the appointed day; or
(b) makes an election under section 3A(3) or (4) to make contributions under this Ordinance; (Added 3 of 1993 s. 4)"public officer" (公职人员) means-(a) at any time before the appointed day, a person who is appointed to or reappointed to an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), whether on probation or not; and
(b) at any time on or before the appointed day,-(i) an officer who is appointed to or reappointed to an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), whether on probation or not;
(ii) an officer who is in service under the Government and who is appointed or reappointed to a non-established office otherwise than on agreement; (Replaced 3 of 1993 s. 4)"spouse" (配偶) in relation to a person means, subject to subsection (7), the person to whom the first mentioned person is, by reason of the form of marriage contracted, lawfully married and includes-(a) in the case of a Chinese person, his kit fat or tin fong wife;
(b) in the case of lawful polygamous marriage, the principal wife recognized as such by the personal law of the husband; (Added 3 of 1993 s. 4)"surviving spouse" (尚存配偶) in relation to a person, means a person who was the spouse of the person immediately prior to his death; (Added 3 of 1993 s. 4)
"surviving spouse"s pension" (尚存配偶抚恤金) means a pension granted under section 5(a); (Added 3 of 1993 s. 4)
"transferred" (转任), in relation to a public officer, means transferred to or from service under the Government from or to other public service;

(Amended 3 of 1993 s. 4)
(2) The expressions "established office" (设定职位), "non-established office" (非设定职位), "notional highest pensionable emoluments" (理论上最高可供计算退休金的薪酬), "other public service" (其他公职、其他公职服务), "pensionable emoluments" (可供计算退休金的薪酬), "pensionable service" (可供计算退休金的服务期), "public service" (公职、公职服务) and "salary" (薪金) have, in relation to a public officer-(a) in case the Pensions Ordinance (Cap 89) applies to such officer, the meanings assigned to them, respectively, by section 2 of that Ordinance and regulation 25 of the Pensions Regulations (Cap 89 sub. leg. A);
(b) in case the Pension Benefits Ordinance (Cap 99) so applies, the meanings assigned to them, respectively, by section 2 of that Ordinance; and (Replaced 36 of 1987 s. 37. Amended 85 of 1988 s. 39)
(c) in case the Pension Benefits (Judicial Officers) Ordinance (Cap 401) so applies, the meanings assigned to them, respectively, by section 2 of that Ordinance. (Added 85 of 1988 s. 39)(3) (a) The expression "the rate of the pension of the deceased" (死者退休金的数额) means the annual rate of the pension of the deceased, calculated in accordance with paragraph (b), plus any authorized increase, and in the case of a public officer who retired or transferred to other public service or ceased to make contributions under section 3A before attaining the age at which he would retire, shall include any authorized increase which the basic pension would have attracted had the officer attained that age prior to his retirement, transfer or cessation of contribution, and, in the case of an officer who transferred or ceased to make contributions, had instead retired.(b) Subject to paragraph (c) and section 7, the expression "the annual rate of the pension of the deceased" (死者退休金的每年数额) in paragraph (a) means a sum calculated at the rate of 1/600 of his annual pensionable emoluments, or annual emoluments or annual salary that would have been pensionable emoluments had he been appointed or re-appointed to an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), in each case at the time of his retirement or transfer from service under the Government or his death prior to such retirement or his ceasing to make contributions under section 3A, or his resignation from the service, for the grant of a deferred pension under the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), as the case may be, for each complete month of his contributory service subject to a maximum of 400 months, and any incomplete month of contributory service shall be taken to be that fraction of a complete month whereof the denominator is 30 and the numerator the number of days of contributory service in that incomplete month, irrespective of the actual number of days in that month. (Amended 85 of 1988 s. 39)
(c) Where the deceased had more than one period of contributory service, the expression "the annual rate of the pension of the deceased" (死者退休金的每年数额) in paragraph (a) means a sum calculated in accordance with paragraphs (b) and (d) in respect of each such period of contributory service.
(d) For the purpose of this subsection, in determining pensionable emoluments of a deceased-(i) where the Pensions Ordinance (Cap 89) applied to him-(A) the definition of "pensionable emoluments" in section 2(1) of that Ordinance;
(B) regulation 18 of the Pensions Regulations (Cap 89 sub. leg. A);
(C) the definition of "salary" in regulation 25 of those Regulations; and
(D) the computation of annual salary under regulation 26(2) of those Regulations,
shall apply mutatis mutandis as those provisions apply for the purpose of computing pension under that Ordinance;(ii) where the Pension Benefits Ordinance (Cap 99) applied to him, section 22 of that Ordinance and regulation 16 of the Pension Benefits Regulations (Cap 99 sub. leg. A) shall apply mutatis mutandis as those provisions apply for the purpose of computing pension under that Ordinance; and (Replaced 36 of 1987 s. 37. Amended 85 of 1988 s. 39)
(iii) where the Pension Benefits (Judicial Officers) Ordinance (Cap 401) applied to him, section 23 of that Ordinance and regulation 16 of the Pension Benefits (Judicial Officers) Regulations (Cap 401 sub. leg. A) shall apply mutatis mutandis as those provisions apply for the purpose of computing pension under that Ordinance. (Added 85 of 1988 s. 39)(3A) The expression "marriage" (婚姻) does not, in relation to any public officer, include a marriage which takes place after the officer has ceased to hold public office unless the Directors, in their absolute discretion and upon application in writing, decide otherwise. (Added 3 of 1993 s. 4)
(4) A reference in this Ordinance to an adopted child of a person shall be construed as a reference to a child adopted in pursuance of an adoption order made under the Adoption Ordinance (Cap 290) or by any adoption recognized as valid by the law of Hong Kong, and reference to a person by whom any person has been adopted shall be construed accordingly.(5) (a) A child of an existing contributor or a contributor who elects under section 3A(1) to cease to make contributions (whether or not he subsequently elects under section 3A(3) or (4) that this Ordinance shall apply to him) shall be deemed for the purposes of this Ordinance to be within the period of dependency if-(i) in the case of a male-(A) he is under the age of 18 years; or
(B) he is under the age of 23 years and, subject to paragraph (b), has since attaining the age of 18 years continuously received and is receiving full-time education at any university, college, school or other educational establishment;(ii) in the case of a female, she is-(A) (where she is married) under the age of 18 years;
(B) (where she is unmarried) under the age of 21 years; or
(C) under the age of 23 years and, subject to paragraph (b) has since attaining the age of 18 or 21 years continuously received and is receiving full-time education at any university, college, school or other educational establishment. (Replaced 3 of 1993 s. 4)(aa) A child of a new contributor shall be deemed for the purposes of this Ordinance to be within the period of dependency if-(i) he is under the age of 18 years; or
(ii) he is under the age of 23 years and, subject to paragraph (b) has since attaining the age of 18 years continuously received and is receiving full-time education at any university, college, school or other educational establishment. (Added 3 of 1993 s. 4)(ab) A child of a contributor shall be deemed for the purposes of this Ordinance to be within the period of dependency if he is accepted by the Directors as mentally or physically disabled to such extent that he cannot reasonably be expected to be financially independent and he remains thereafter to be so disabled. (Added 3 of 1993 s. 4. Amended 98 of 1994 s. 2)
(ac) A child of a contributor who is accepted by the Directors as mentally or physically disabled shall be deemed to remain as the child of the contributor for the purposes of this Ordinance after he is adopted by another person so long as the adoption takes place after the death of the contributor. (Added 98 of 1994 s. 2)
(b) As respects any circumstances in which the conditions specified in paragraph (a)(i)(B), (a)(ii)(B) or (aa)(ii) are not satisfied, the Directors may, if they think fit and are satisfied that full-time education ought not to be regarded as completed, direct either-(i) that any period or periods shall be ignored for the purposes of that paragraph; or
(ii) that any period or periods shall be treated as full-time education for all or any of the purposes of this Ordinance. (Replaced 57 of 1979 s. 2)(6) Where the marriage of any public officer has been annulled or dissolved by the decree of any competent court or in any other manner recognized as effective for that purpose by the law of Hong Kong, this Ordinance shall have effect in relation to him as if his spouse had died at the date of such decree or on such other date, as the case may be, when the annulment or dissolution took effect.
(7) On an application in writing the Directors may in their absolute discretion determine a person who-(a) cohabits with a contributor or a former contributor as the spouse of him; and
(b) is financially dependent on such contributor,to be the spouse of such contributor for the purposes of this Ordinance and where the Directors so determine, the references to "spouse" (配偶) in this Ordinance shall be construed as including references to such person. (Added 3 of 1993 s. 4)
(Amended 3 of 1993 s. 4)

Cap 79 s 2 Interpretation


(1) In this Ordinance, unless the context otherwise requires-
"agreement" (合约) in relation to an officer means an agreement expressly providing for the payment of a gratuity dependent upon the length of service of such officer, or of a monthly pension in lieu of such a gratuity; (Amended 59 of 1982 s. 2)
"appointed day" (指定日期) means the day appointed under section 2A; (Added 3 of 1993 s. 4)
"authorized increase" (特准增加额) has the same meaning as in the Pensions (Increase) Ordinance (Cap 305); (Added 36 of 1987 s. 37)
"basic pension" (基本退休金) has the same meaning as in the Pensions (Increase) Ordinance (Cap 305); (Added 36 of 1987 s. 37)
"child" (子女) in relation to a contributor- (Amended 28 of 2004 s. 35)(a) includes-(i) an illegitimate child, a step-child and a child adopted by the contributor; and
(ii) a child of the contributor adopted by another person under an adoption order granted under paragraph (c) of section 5(1) of the Adoption Ordinance (Cap 290) where the contributor is the parent referred to in that paragraph; but(b) subject to paragraph (a)(ii) and except as provided in subsection (5)(ac), does not include a child of the contributor adopted by another person; (Amended 28 of 2004 s. 35)"children"s pension" (子女抚恤金) means a pension granted under section 5(b);
"contributions" (供款) means contributions made under this Ordinance or the existing Ordinance, other than contributions made under the existing Ordinance to which that Ordinance does not cease to apply under section 26;
"contributor" (供款人) means an officer to whom this Ordinance applies;
"contributory service" (供款服务期) in relation to a public officer means the total period or periods in respect of which he made contributions notwithstanding the return of any contributions under section 14(2)(b) or (c);
"the deceased" (死者) means a deceased contributor;
"Directors" (委员会) means the Board of Directors established by section 4;
"existing contributor" (现有供款人) means a contributor who first becomes a contributor before the appointed day and who has not made an election under section 3A(1); (Added 3 of 1993 s. 4)
"existing Ordinance" (现有条例) means the Widows and Orphans Pension Ordinance (Cap 94);
"medical grounds" (健康理由) in relation to the retirement of a public officer-(a) from service under the Government, means the retirement on medical evidence to the satisfaction of the Chief Executive that he is incapable by reason of any infirmity of mind or body of discharging the duties of his office and that such infirmity is likely to be permanent; (Amended 36 of 1987 s. 37; 63 of 1999 s. 3)
(b) from other public service, means the circumstances prescribed in the law or regulations of the public service in which he was last employed, as correspond to the circumstances prescribed in paragraph (a); (Amended 36 of 1987 s. 37)"new contributor"(新供款人) means a contributor who-(a) first becomes a contributor on or after the appointed day; or
(b) makes an election under section 3A(3) or (4) to make contributions under this Ordinance; (Added 3 of 1993 s. 4)"public officer" (公职人员) means-(a) at any time before the appointed day, a person who is appointed to or reappointed to an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), whether on probation or not; and
(b) at any time on or before the appointed day,-(i) an officer who is appointed to or reappointed to an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), whether on probation or not;
(ii) an officer who is in service under the Government and who is appointed or reappointed to a non-established office otherwise than on agreement; (Replaced 3 of 1993 s. 4)"spouse" (配偶) in relation to a person means, subject to subsection (7), the person to whom the first mentioned person is, by reason of the form of marriage contracted, lawfully married and includes-(a) in the case of a Chinese person, his kit fat or tin fong wife;
(b) in the case of lawful polygamous marriage, the principal wife recognized as such by the personal law of the husband; (Added 3 of 1993 s. 4)"surviving spouse" (尚存配偶) in relation to a person, means a person who was the spouse of the person immediately prior to his death; (Added 3 of 1993 s. 4)
"surviving spouse"s pension" (尚存配偶抚恤金) means a pension granted under section 5(a); (Added 3 of 1993 s. 4)
"transferred" (转任), in relation to a public officer, means transferred to or from service under the Government from or to other public service;

(Amended 3 of 1993 s. 4)
(2) The expressions "established office" (设定职位), "non-established office" (非设定职位), "notional highest pensionable emoluments" (理论上最高可供计算退休金的薪酬), "other public service" (其他公职、其他公职服务), "pensionable emoluments" (可供计算退休金的薪酬), "pensionable service" (可供计算退休金的服务期), "public service" (公职、公职服务) and "salary" (薪金) have, in relation to a public officer-(a) in case the Pensions Ordinance (Cap 89) applies to such officer, the meanings assigned to them, respectively, by section 2 of that Ordinance and regulation 25 of the Pensions Regulations (Cap 89 sub. leg. A);
(b) in case the Pension Benefits Ordinance (Cap 99) so applies, the meanings assigned to them, respectively, by section 2 of that Ordinance; and (Replaced 36 of 1987 s. 37. Amended 85 of 1988 s. 39)
(c) in case the Pension Benefits (Judicial Officers) Ordinance (Cap 401) so applies, the meanings assigned to them, respectively, by section 2 of that Ordinance. (Added 85 of 1988 s. 39)(3) (a) The expression "the rate of the pension of the deceased" (死者退休金的数额) means the annual rate of the pension of the deceased, calculated in accordance with paragraph (b), plus any authorized increase, and in the case of a public officer who retired or transferred to other public service or ceased to make contributions under section 3A before attaining the age at which he would retire, shall include any authorized increase which the basic pension would have attracted had the officer attained that age prior to his retirement, transfer or cessation of contribution, and, in the case of an officer who transferred or ceased to make contributions, had instead retired.(b) Subject to paragraph (c) and section 7, the expression "the annual rate of the pension of the deceased" (死者退休金的每年数额) in paragraph (a) means a sum calculated at the rate of 1/600 of his annual pensionable emoluments, or annual emoluments or annual salary that would have been pensionable emoluments had he been appointed or re-appointed to an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), in each case at the time of his retirement or transfer from service under the Government or his death prior to such retirement or his ceasing to make contributions under section 3A, or his resignation from the service, for the grant of a deferred pension under the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), as the case may be, for each complete month of his contributory service subject to a maximum of 400 months, and any incomplete month of contributory service shall be taken to be that fraction of a complete month whereof the denominator is 30 and the numerator the number of days of contributory service in that incomplete month, irrespective of the actual number of days in that month. (Amended 85 of 1988 s. 39)
(c) Where the deceased had more than one period of contributory service, the expression "the annual rate of the pension of the deceased" (死者退休金的每年数额) in paragraph (a) means a sum calculated in accordance with paragraphs (b) and (d) in respect of each such period of contributory service.
(d) For the purpose of this subsection, in determining pensionable emoluments of a deceased-(i) where the Pensions Ordinance (Cap 89) applied to him-(A) the definition of "pensionable emoluments" in section 2(1) of that Ordinance;
(B) regulation 18 of the Pensions Regulations (Cap 89 sub. leg. A);
(C) the definition of "salary" in regulation 25 of those Regulations; and
(D) the computation of annual salary under regulation 26(2) of those Regulations,
shall apply mutatis mutandis as those provisions apply for the purpose of computing pension under that Ordinance;(ii) where the Pension Benefits Ordinance (Cap 99) applied to him, section 22 of that Ordinance and regulation 16 of the Pension Benefits Regulations (Cap 99 sub. leg. A) shall apply mutatis mutandis as those provisions apply for the purpose of computing pension under that Ordinance; and (Replaced 36 of 1987 s. 37. Amended 85 of 1988 s. 39)
(iii) where the Pension Benefits (Judicial Officers) Ordinance (Cap 401) applied to him, section 23 of that Ordinance and regulation 16 of the Pension Benefits (Judicial Officers) Regulations (Cap 401 sub. leg. A) shall apply mutatis mutandis as those provisions apply for the purpose of computing pension under that Ordinance. (Added 85 of 1988 s. 39)(3A) The expression "marriage" (婚姻) does not, in relation to any public officer, include a marriage which takes place after the officer has ceased to hold public office unless the Directors, in their absolute discretion and upon application in writing, decide otherwise. (Added 3 of 1993 s. 4)
(4) A reference in this Ordinance to an adopted child of a person shall be construed as a reference to a child adopted in pursuance of an adoption order made under the Adoption Ordinance (Cap 290) or by any adoption recognized as valid by the law of Hong Kong, and reference to a person by whom any person has been adopted shall be construed accordingly.(5) (a) A child of an existing contributor or a contributor who elects under section 3A(1) to cease to make contributions (whether or not he subsequently elects under section 3A(3) or (4) that this Ordinance shall apply to him) shall be deemed for the purposes of this Ordinance to be within the period of dependency if-(i) in the case of a male-(A) he is under the age of 18 years; or
(B) he is under the age of 23 years and, subject to paragraph (b), has since attaining the age of 18 years continuously received and is receiving full-time education at any university, college, school or other educational establishment;(ii) in the case of a female, she is-(A) (where she is married) under the age of 18 years;
(B) (where she is unmarried) under the age of 21 years; or
(C) under the age of 23 years and, subject to paragraph (b) has since attaining the age of 18 or 21 years continuously received and is receiving full-time education at any university, college, school or other educational establishment. (Replaced 3 of 1993 s. 4)(aa) A child of a new contributor shall be deemed for the purposes of this Ordinance to be within the period of dependency if-(i) he is under the age of 18 years; or
(ii) he is under the age of 23 years and, subject to paragraph (b) has since attaining the age of 18 years continuously received and is receiving full-time education at any university, college, school or other educational establishment. (Added 3 of 1993 s. 4)(ab) A child of a contributor shall be deemed for the purposes of this Ordinance to be within the period of dependency if he is accepted by the Directors as mentally or physically disabled to such extent that he cannot reasonably be expected to be financially independent and he remains thereafter to be so disabled. (Added 3 of 1993 s. 4. Amended 98 of 1994 s. 2)
(ac) A child of a contributor who is accepted by the Directors as mentally or physically disabled shall be deemed to remain as the child of the contributor for the purposes of this Ordinance after he is adopted by another person so long as the adoption takes place after the death of the contributor. (Added 98 of 1994 s. 2)
(b) As respects any circumstances in which the conditions specified in paragraph (a)(i)(B), (a)(ii)(B) or (aa)(ii) are not satisfied, the Directors may, if they think fit and are satisfied that full-time education ought not to be regarded as completed, direct either-(i) that any period or periods shall be ignored for the purposes of that paragraph; or
(ii) that any period or periods shall be treated as full-time education for all or any of the purposes of this Ordinance. (Replaced 57 of 1979 s. 2)(6) Where the marriage of any public officer has been annulled or dissolved by the decree of any competent court or in any other manner recognized as effective for that purpose by the law of Hong Kong, this Ordinance shall have effect in relation to him as if his spouse had died at the date of such decree or on such other date, as the case may be, when the annulment or dissolution took effect.
(7) On an application in writing the Directors may in their absolute discretion determine a person who-(a) cohabits with a contributor or a former contributor as the spouse of him; and
(b) is financially dependent on such contributor,to be the spouse of such contributor for the purposes of this Ordinance and where the Directors so determine, the references to "spouse" (配偶) in this Ordinance shall be construed as including references to such person. (Added 3 of 1993 s. 4)
(Amended 3 of 1993 s. 4)

Cap 79 s 2A Appointed day

The Governor may by notice published in the Gazette appoint a day* for the purposes of this Ordinance.

(Added 3 of 1993 s. 5)
___________________________________________________________________
Note:
* Appointed day: 1 February 1993-see L.N. 22 of 1993.

Cap 79 s 3 Application of Ordinance

(1) Subject to the Schedule and subsection (3), the Ordinance shall apply to-(a) every public officer in service as a public officer under the Government at the commencement of this Ordinance who-(i) within 12 months or such greater period as the Governor may by order under subsection (4) prescribe for the purpose of this subparagraph, following such commencement, elects that this Ordinance shall apply to him; or
(ii) in the case of an unmarried male officer who has not so elected and who subsequently marries, within 6 months of the date of his marriage elects that this Ordinance shall apply to him;(b) every person appointed or re-appointed to service under the Government as a public officer or transferred thereto from other public service between the period from the commencement of this Ordinance to the day immediately preceding the appointed day; (Amended 36 of 1987 s. 37; 3 of 1993 s. 6)
(c) every person appointed to service under the Government as a public officer or transferred thereto from other public service on or after the appointed day who-(i) within 6 months following such appointment or transfer elects that this Ordinance shall apply to him; or
(ii) has not so elected and who subsequently marries, and within 6 months of the date of his marriage elects that this Ordinance shall apply to him; (Replaced 3 of 1993 s. 6)(d) every public officer who-(i) is in service as a public officer under the Government at the appointed day; and
(ii) at that day is not a contributor; and
(iii) (A) elects within 6 months of that date that this Ordinance shall apply to him; or(B) does not so elect and who subsequently marries, and elects within 6 months of his marriage that this Ordinance shall apply to him; (Added 3 of 1993 s. 6)(e) every person who elects that this Ordinance shall apply to him under section 3A(3); or (Added 3 of 1993 s. 6)
(f) every person who elects that this Ordinance shall apply to him under section 3A(4). (Added 3 of 1993 s. 6)(2) In the case of a public officer- (Amended 3 of 1993 s. 6)(a) to whom subsection (1)(a) applies, an election shall be effective on and after the commencement of this Ordinance; (Amended 3 of 1993 s. 6)
(b) to whom subsection (1)(b) applies and- (Amended 3 of 1993 s. 6)(i) who was transferred to the service of the Government or who was not in the service of the Government immediately prior to his appointment as a public officer in service under the Government, this Ordinance shall apply on and after the date of his transfer or appointment, as the case may be;
(ii) who was in the service of the Government immediately prior to such appointment, this Ordinance shall apply on and after the date of the-(A) commencement of this Ordinance or of his pensionable service in an established office, whichever is the later, in the case of an officer who immediately prior to such appointment was in such service on agreement; or (Amended 36 of 1987 s. 37)
(B) commencement of this Ordinance or of his continuous service under the Government, whichever is the later, in the case of an officer who immediately prior to such appointment, was appointed or re-appointed in a non-established office otherwise than on agreement, (Amended 36 of 1987 s. 37)
and who within 6 months of such appointment elects for such earlier date of application; and, if he fails so to elect, this Ordinance shall apply on and after the date of such appointment;(c) to whom subsection (1)(c)(i) applies, an election shall be effective on the date of his appointment or transfer, as the case may be; (Added 3 of 1993 s. 6)
(d) to whom subsection (1)(c)(ii) applies, an election shall be effective on-(i) the date of his appointment or transfer, as the case may be; or
(ii) the date of his marriage,
as he may elect; (Added 3 of 1993 s. 6)(e) to whom subparagraphs (i), (ii) and (iii)(B) of subsection (1)(d) apply, an election shall subject to subsection (2A) be effective on-(i) the date on which his continuous service under the Government commenced;
(ii) the appointed day;
(iii) the date of his marriage; or
(iv) (where the officer held the post of senior artisan or artisan on 1 October 1989) 1 October 1989,
as he may elect; (Added 3 of 1993 s. 6)(f) to whom subsection (1)(e) applies, an election shall subject to subsection (2A) be effective on-(i) the date of his marriage; or
(ii) the date (or, should there be more than one such date, the latest one of them) on which he ceased to make contributions under this Ordinance under an election under section 3A(1),
as he may elect; (Added 3 of 1993 s. 6)(g) to whom subsection (1)(f) applies, an election shall subject to subsection (2A) be effective on-(i) the date of his marriage; or
(ii) the date on which he ceased to make contributions under an election under section 15A(1) of the existing Ordinance,
as he may elect; (Added 3 of 1993 s. 6)(h) to whom subparagraphs (i), (ii) and (iii)(A) of subsection (1)(d) apply, an election shall subject to subsection (2A) be effective on-(i) the appointed day;
(ii) the date on which his continuous service under the Government commenced; or
(iii) (where the officer held the post of senior artisan or artisan on 1 October 1989) 1 October 1989,
as he may elect. (Added 3 of 1993 s. 6)(2A) An effective date under subsection (2)(e), (f), (g) or (h) shall not be earlier than 1 January 1978. (Added 3 of 1993 s. 6)
(3) The Legislative Council may by resolution amend the Schedule to provide that this Ordinance applies or does not apply to any public officer or Class or description of public officer subject to such conditions and with effect from such date not being earlier than the commencement of this Ordinance as the Council shall specify:
Provided that no such order shall terminate the application of this Ordinance to or in relation to any officer who has made any contributions under this Ordinance unless he consents in writing.
(4) The Governor may by order prescribe a period of not less than 12 months nor more than 2 years for the purpose of subsection (1)(a)(i), generally or in respect of any group of officers.

Cap 79 s 3 Application of Ordinance

(1) Subject to the Schedule and subsection (3), the Ordinance shall apply to-(a) every public officer in service as a public officer under the Government at the commencement of this Ordinance who-(i) within 12 months or such greater period as the Governor may by order under subsection (4) prescribe for the purpose of this subparagraph, following such commencement, elects that this Ordinance shall apply to him; or
(ii) in the case of an unmarried male officer who has not so elected and who subsequently marries, within 6 months of the date of his marriage elects that this Ordinance shall apply to him;(b) every person appointed or re-appointed to service under the Government as a public officer or transferred thereto from other public service between the period from the commencement of this Ordinance to the day immediately preceding the appointed day; (Amended 36 of 1987 s. 37; 3 of 1993 s. 6)
(c) every person appointed to service under the Government as a public officer or transferred thereto from other public service on or after the appointed day who-(i) within 6 months following such appointment or transfer elects that this Ordinance shall apply to him; or
(ii) has not so elected and who subsequently marries, and within 6 months of the date of his marriage elects that this Ordinance shall apply to him; (Replaced 3 of 1993 s. 6)(d) every public officer who-(i) is in service as a public officer under the Government at the appointed day; and
(ii) at that day is not a contributor; and
(iii) (A) elects within 6 months of that date that this Ordinance shall apply to him; or(B) does not so elect and who subsequently marries, and elects within 6 months of his marriage that this Ordinance shall apply to him; (Added 3 of 1993 s. 6)(e) every person who elects that this Ordinance shall apply to him under section 3A(3); or (Added 3 of 1993 s. 6)
(f) every person who elects that this Ordinance shall apply to him under section 3A(4). (Added 3 of 1993 s. 6)(2) In the case of a public officer- (Amended 3 of 1993 s. 6)(a) to whom subsection (1)(a) applies, an election shall be effective on and after the commencement of this Ordinance; (Amended 3 of 1993 s. 6)
(b) to whom subsection (1)(b) applies and- (Amended 3 of 1993 s. 6)(i) who was transferred to the service of the Government or who was not in the service of the Government immediately prior to his appointment as a public officer in service under the Government, this Ordinance shall apply on and after the date of his transfer or appointment, as the case may be;
(ii) who was in the service of the Government immediately prior to such appointment, this Ordinance shall apply on and after the date of the-(A) commencement of this Ordinance or of his pensionable service in an established office, whichever is the later, in the case of an officer who immediately prior to such appointment was in such service on agreement; or (Amended 36 of 1987 s. 37)
(B) commencement of this Ordinance or of his continuous service under the Government, whichever is the later, in the case of an officer who immediately prior to such appointment, was appointed or re-appointed in a non-established office otherwise than on agreement, (Amended 36 of 1987 s. 37)
and who within 6 months of such appointment elects for such earlier date of application; and, if he fails so to elect, this Ordinance shall apply on and after the date of such appointment;(c) to whom subsection (1)(c)(i) applies, an election shall be effective on the date of his appointment or transfer, as the case may be; (Added 3 of 1993 s. 6)
(d) to whom subsection (1)(c)(ii) applies, an election shall be effective on-(i) the date of his appointment or transfer, as the case may be; or
(ii) the date of his marriage,
as he may elect; (Added 3 of 1993 s. 6)(e) to whom subparagraphs (i), (ii) and (iii)(B) of subsection (1)(d) apply, an election shall subject to subsection (2A) be effective on-(i) the date on which his continuous service under the Government commenced;
(ii) the appointed day;
(iii) the date of his marriage; or
(iv) (where the officer held the post of senior artisan or artisan on 1 October 1989) 1 October 1989,
as he may elect; (Added 3 of 1993 s. 6)(f) to whom subsection (1)(e) applies, an election shall subject to subsection (2A) be effective on-(i) the date of his marriage; or
(ii) the date (or, should there be more than one such date, the latest one of them) on which he ceased to make contributions under this Ordinance under an election under section 3A(1),
as he may elect; (Added 3 of 1993 s. 6)(g) to whom subsection (1)(f) applies, an election shall subject to subsection (2A) be effective on-(i) the date of his marriage; or
(ii) the date on which he ceased to make contributions under an election under section 15A(1) of the existing Ordinance,
as he may elect; (Added 3 of 1993 s. 6)(h) to whom subparagraphs (i), (ii) and (iii)(A) of subsection (1)(d) apply, an election shall subject to subsection (2A) be effective on-(i) the appointed day;
(ii) the date on which his continuous service under the Government commenced; or
(iii) (where the officer held the post of senior artisan or artisan on 1 October 1989) 1 October 1989,
as he may elect. (Added 3 of 1993 s. 6)(2A) An effective date under subsection (2)(e), (f), (g) or (h) shall not be earlier than 1 January 1978. (Added 3 of 1993 s. 6)
(3) The Legislative Council may by resolution amend the Schedule to provide that this Ordinance applies or does not apply to any public officer or Class or description of public officer subject to such conditions and with effect from such date not being earlier than the commencement of this Ordinance as the Council shall specify:
Provided that no such order shall terminate the application of this Ordinance to or in relation to any officer who has made any contributions under this Ordinance unless he consents in writing.
(4) The Governor may by order prescribe a period of not less than 12 months nor more than 2 years for the purpose of subsection (1)(a)(i), generally or in respect of any group of officers.

Cap 79 s 3A Cessation, resumption and commencement of contribution

(1) An existing contributor who fulfils the conditions specified by the Secretary for the Civil Service in a circular to be issued by the Secretary under and for the purposes of this section may within 6 months following the appointed day elect to cease to make contributions under this Ordinance which election shall be effective on the appointed day.
(2) Where the spouse of a contributor dies, the contributor may within 6 months following the death of his spouse elect to cease to make contributions under this Ordinance which election shall be effective on the death of his spouse.
(3) An officer who elects under this section to cease to make contribution and who subsequently marries may within 6 months of the date of his marriage elect to make contributions under this Ordinance again.
(4) An officer who elects under section 15A(1) of the existing Ordinance to cease to make contributions under the existing Ordinance and who subsequently marries may within 6 months of the date of his marriage elect to make contributions under this Ordinance.

(Added 3 of 1993 s. 7)

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