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To provide for the pensions, allowances, gratuities and pension benefits of certain officers transferred from service under the Government to service under The Hong Kong Institute of Education. (Enacted 1995) [1 July 1995] L.N. 306 of 1995 (Originally 38 of 1995) Cap 477 s 1 Short title (1) This Ordinance may be cited as the Pensions (Special Provisions) (The Hong Kong Institute of Education) Ordinance. (2) (Omitted as spent) (Enacted 1995) Cap 477 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "aggregate service" (总计服务) means the total length of service of an officer under the Government and the Institute; "allowance" (津贴) includes an "annual allowance" (年积金) payable under the Pensions Ordinance (Cap 89); "death gratuity" (死亡恩恤金) means a death gratuity payable under or defined in the relevant Pensions Ordinance; "gratuity" (酬金) means a gratuity payable under the Pensions Ordinance (Cap 89); "highest pensionable emoluments" (最高可供计算退休金的薪酬) means the highest pensionable emoluments as defined in the relevant Pensions Ordinance; "Institute" (学院) means The Hong Kong Institute of Education established by section 3 of The Hong Kong Institute of Education Ordinance (Cap 444); "pension" (退休金) means a pension payable under the relevant Pensions Ordinance; "pension benefits" (退休金利益) means pension benefits as defined in section 2(1) of the Pension Benefits Ordinance (Cap 99); "pensionable emoluments" (可供计算退休金的薪酬) means pensionable emoluments as defined in the relevant Pensions Ordinance; "pensionable service" (可供计算退休金的服务) means pensionable service as defined in the relevant Pensions Ordinance; "relevant Pensions Ordinance" (有关退休金条例) means the Pensions Ordinance (Cap 89) or the Pension Benefits Ordinance (Cap 99) that applied to a transferred officer immediately before his transfer; "service under the Institute" (学院服务) means service of a transferred officer in the employment of the Institute on terms and conditions of the Institute, but does not include service of an officer who is, while remaining in service under the Government, directed by the Government to work in the Institute; "short service gratuity" (短期服务酬金) means short service gratuity as defined in section 2(1) of the Pension Benefits Ordinance (Cap 99); "transferred officer" (转任人员) means an officer referred to in section 3(1). (Enacted 1995) Cap 477 s 3 Application (1) This Ordinance applies to an officer- (a) transferring from service under the Government to service under the Institute; (b) who is, immediately before the transfer, an officer to whom a relevant Pensions Ordinance applied; and (c) whose transfer to service under the Institute the Secretary for the Civil Service specifies for the purposes of this section by notice published in the Gazette.(2) A notice under subsection (1)(c) must specify the grade and rank of the officer and the date on which the transfer occurred or, where appropriate, is to occur. (Enacted 1995) Cap 477 s 4 Options (1) An officer in service under the Government to whom the Pensions Ordinance (Cap 89) applies who is to be transferred to service under the Institute may opt to have either section 5 or 6 applied to him for any pension, allowance or gratuity. (2) An officer in service under the Government to whom the Pension Benefits Ordinance (Cap 99) applies who is to be transferred to service under the Institute may opt to have either section 5 or 7 applied to him for any pension or pension benefits. (3) The officer must exercise his option under this section not later than the day preceding the date of the officer's transfer and in accordance with the terms offered by the Government. (Enacted 1995) Cap 477 s 5 Application of Pensions Ordinance (Cap 89) and Pension Benefits Ordinance (Cap 99) extended (1) A transferred officer continues to have the Pensions Ordinance (Cap 89) applied to him if immediately before his transfer that Ordinance applied to him and he has opted under section 4 to have this section applied to him while he is in the service under the Institute. (2) If immediately before the transfer the officer was rendering service which could be taken into account for computing an annual allowance of gratuity, his prior service under the Government is service which is taken into account. (3) A transferred officer continues to have the Pension Benefits Ordinance (Cap 99) applied to him if immediately before his transfer that Ordinance applied to him and he has opted under section 4 to have this section applied to him while he is in the service under the Institute. (4) Service the transferred officer renders under the Institute after transfer is pensionable service and public service under the relevant Pensions Ordinance. (5) This section does not allow the period between the commencement of service under the Institute and the expiration of a period of absence from duty on leave with salary immediately before the final termination of his service under the Government to be both a period of service under the Government and a period of service under the Institute to determine the length of pensionable service or service to be taken into account for computing an annual allowance or gratuity. |