【法规名称】
【法规编号】 44243 什么是编号？
【正 文】
第2页 CAP 477 PENSIONS (SPECIAL PROVISIONS) (THE HONG KONG INSTITUTE OF EDUCATION) ORDINANCE
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[接上页] (Enacted 1995) Cap 477 s 6 Rights under Pensions Ordinance (Cap 89) frozen (1) This section applies to a transferred officer to whom the Pensions Ordinance (Cap 89) applied immediately before his transfer and who has opted under section 4 to have this section applied to him. (2) The transferred officer shall be granted on his retirement from service under the Institute in circumstances permitted by the Institute for his service under the Government a pension, annual allowance or gratuity under the Pensions Ordinance (Cap 89) as the case requires if his aggregate service would have qualified him for the pension, annual allowance or gratuity as if it had been wholly under the Government. (3) A pension granted to the officer is computed under regulation 10(1) of the Pensions Regulations (Cap 89 sub. leg.). (4) An annual allowance granted to the officer is computed under regulation 26(1) of the Pensions Regulations (Cap 89 sub. leg.) as though regulation 10(1) of those Regulations applied and "pension" in that regulation included an annual allowance. (5) A gratuity or annual allowance granted to the officer is computed under regulation 27 or 28 (as the case requires) of the Pensions Regulations (Cap 89 sub. leg.) as though regulation 10(1) of those Regulations applied and "pension" in that regulation included a gratuity or annual allowance. (6) If the transferred officer's aggregate service does not qualify him for a pension, annual allowance or gratuity under subsection (2), he shall on his retirement from service under the Institute in circumstances permitted by the Institute, be granted for his service under the Government- (a) a gratuity under regulation 12 of the Pensions Regulations (Cap 89 sub. leg.) as though "pension" in that regulation referred to a pension granted under subsection (2); (b) a gratuity computed under regulation 26(8) of the Pensions Regulations (Cap 89 sub. leg.) as though regulation 12 of those Regulations applied; or (c) a gratuity computed under regulation 28(1)(a) of the Pensions Regulations (Cap 89 sub. leg.) as though regulation 12 of those Regulations applied.(7) Where a transferred officer dies while in service under the Institute after completing not less than 2 years' aggregate service, there shall be paid for his service under the Government- (a) a death gratuity computed under section 17(1) of the Pensions Ordinance (Cap 89) but shall not in any case be supplemented under section 17(4) of that Ordinance; or (b) a gratuity computed under regulation 29(2) of the Pensions Regulations (Cap 89 sub. leg.) as though the words "or where appropriate the commuted annual allowance gratuity supplemented in accordance with paragraph (2A)," were omitted from paragraph (2)(a)(i)(B) of the regulation.(8) Where a transferred officer dies after retirement from service under the Institute- (a) if he has been granted, or become eligible for, a pension under this section, a death gratuity shall be paid for his service under the Government under section 17(3) of the Pensions Ordinance (Cap 89); or (b) if he has been granted, or become eligible for, an annual allowance under this section, a gratuity shall be granted for his service under the Government under regulation 29(6) of the Pensions Regulations (Cap 89 sub. leg.) as though the words "supplemented in accordance with paragraph (2A)" were omitted from the regulation.(9) Service the transferred officer renders under the Institute after transfer is public service for the purpose of regulation 10(1) or 12 under the Pensions Regulations (Cap 89 sub. leg.). (10) A pension, annual allowance or gratuity which has been granted under this section may be cancelled, suspended, reduced or may cease, as the case may be, under section 11, 13, 15 or 15A of the Pensions Ordinance (Cap 89). (11) A pension, annual allowance or gratuity granted under this section is not assignable or transferrable except under section 12 of the Pensions Ordinance (Cap 89). (12) The amount of pension, gratuity or pension benefits payable under this section are computed by reference to the salary payable at the date when the payment of the pension, annual allowance, gratuity or pension benefits falls due for- (a) the salary point reached by the officer in his substantive rank in the Government service at the date immediately before his transfer to service under the Institute; (b) if the officer is transferred to service under the Institute within a period of absence from duty on leave with salary immediately before the final termination of his service under the Government, the salary point reached by the officer in his substantive rank in the Government service at the date immediately before the expiration of the period of absence; or (c) if the salary point mentioned in paragraph (a) or (b) is replaced on a revision of salary structure, the equivalent salary point in force when the payment falls due. (Enacted 1995) Cap 477 s 7 Rights under Pension Benefits Ordinance (Cap 99) frozen |
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