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【法规名称】 
【法规编号】 44243  什么是编号?
【正  文】

第3页 CAP 477 PENSIONS (SPECIAL PROVISIONS) (THE HONG KONG INSTITUTE OF EDUCATION) ORDINANCE

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  (1) This section applies to a transferred officer to whom the Pension Benefits Ordinance (Cap 99) 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 under regulation 9(1) of the Pension Benefits Regulations (Cap 99 sub. leg.) if his aggregate service would have qualified him for the pension as if it had been wholly under the Government.
  
  (3) If the transferred officer's aggregate service does not qualify him for a pension 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 short service gratuity under section 32 of the Pension Benefits Ordinance (Cap 99) computed under regulation 11 of the Pension Benefits Regulations (Cap 99 sub. leg.) as though "pension" where it occurs the second time in that regulation referred to a pension granted under subsection (2).
  
  (4) A transferred officer who resigns from service under the Institute, with the approval of the Institute and the Secretary for the Civil Service after completing an aggregate service of not less that 10 years, shall be granted for his service under the Government a pension as though section 11(1)(j) of the Pension Benefits Ordinance (Cap 99) applied to him and payment of the pension is deferred under section 7(a) of that Ordinance.
  
  (5) A death gratuity shall be paid for his service under the Government-
  
  (a) under section 20(2) of the Pension Benefits Ordinance (Cap 99), which shall not in any case be supplemented under section 20(6) of that Ordinance, if he dies while in service under the Institute after completing not less than 2 years' aggregate service;
  
  (b) under section 20(5)(a) of the Pension Benefits Ordinance (Cap 99) if he has been granted a deferred pension under subsection (4) and dies before the deferred pension is paid to him; or
  
  (c) under section 20(4) of the Pension Benefits Ordinance (Cap 99) if he dies after retirement from service under the Institute having been granted, or becoming eligible for, a pension under this section.(6) Service the transferred officer renders under the Institute after transfer is public service for the purpose of regulation 9(1) of the Pension Benefits Regulations (Cap 99 sub. leg.) or section 32 of the Pension Benefits Ordinance (Cap 99) as the case requires.
  
  (7) A pension granted under this section may be cancelled, suspended, reduced or may cease under section 26, 28, 29 or 29A of the Pension Benefits Ordinance (Cap 99).
  
  (8) Pension benefits granted under this section are not assignable or transferable except under section 31 of the Pension Benefits Ordinance (Cap 99).
  
  (9) The amount of pension or pension benefits payable under this section are computed by reference to the salary payable at the date when the payment of the pension 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.(10) Where a deferred pension is payable under subsection (4) or a death gratuity is payable under subsection (5)(b), the amount of the deferred pension or death gratuity is computed by reference to the highest pensionable emoluments enjoyed or drawn by the officer in his substantive rank in the Government service which would have been taken for the purpose of computing his pension if he had retired and been granted a pension-
  
  (a) at the date of his transfer; or
  
  (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, at the date of expiration of the period of absence.
  
  Cap 477 s 8 (Omitted as spent)
  
  (Omitted as spent)
  
  (Enacted 1995)
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