|
[接上页] (ii) he retires voluntarily, resigns or terminates his contract (on completion or otherwise), other than where he retires voluntarily, resigns, or terminates his contract, in order to avoid compulsory retirement, dismissal, or termination of his contract, on account of professional misconduct or being convicted of an offence;(b) on the ground of ill health, certified by a Government medical board (in the case of a contributor employed in a grant school) or a registered medical practitioner within the meaning of section 2 of the Medical Registration Ordinance (Cap 161)(in the case of a contributor employed in a DSS school), as constituting a reasonable ground for cessation of his employment; (L.N. 78 of 2000) (c) (in the case of a grant school) upon the school ceasing to be a grant school; (L.N. 78 of 2000) (ca) (in the case of a DSS school) upon the school ceasing to be a DSS school, except where the school turns into a grant school; (L.N. 78 of 2000) (d) death,then, subject to paragraph (3) and rule 7A or 7B (whichever is applicable) and rules 13A and 18, his account shall be closed and, in accordance with rule 14, the amount standing to the credit of his account at the date of the cessation of his employment, including all Government donations and DSS school donations (if any) and all dividends that have been declared up to and including that date, shall be paid to him or to his personal representative. (L.N. 259 of 1995; L.N. 78 of 2000) (2) Without prejudice to paragraph (1)(b), (c), (ca) and (d), whenever a contributor ceases to be employed as a teacher in a grant school or DSS school (as the case may be) after 5 years but less than 10 years continuous contributory service for the reason that- (L.N. 78 of 2000) (a) he is compulsorily retired, or dismissed or his contract is terminated (on completion or otherwise), other than where he is compulsorily retired or dismissed, or his contract is terminated, on account of professional misconduct or being convicted of an offence; or (b) he retires voluntarily, resigns or terminates his contract (on completion or otherwise), other than where he retires voluntarily, resigns, or terminates his contract, in order to avoid compulsory retirement, dismissal, or termination of his contract, on account of professional misconduct or being convicted of an offence,then, subject to paragraph (3) and rules 7B and 18, his account shall be closed and, in accordance with rule 14, the payment due to him as a contributor shall be an amount equal to that contributed by him up to the date of cessation of his employment and all dividends that have been declared on that contribution plus an amount equal to the following percentage of all Government donations and DSS school donations (if any) and all dividends that have been declared on such donations- (L.N. 78 of 2000) (i) 50 per cent, if his continuous contributory service is less than 6 years; (ii) 60 per cent, if his continuous contributory service is not less than 6 years but less than 7 years; (iii) 70 per cent, if his continuous contributory service is not less than 7 years but less than 8 years; (iv) 80 per cent, if his continuous contributory service is not less than 8 years but less than 9 years; (v) 90 per cent, if his continuous contributory service is not less than 9 years but less than 10 years. (L.N. 239 of 1982)(2A) Without prejudice to paragraph (1)(b), (c), (ca) and (d), whenever a contributor ceases to be employed as a teacher in a grant school or DSS school (as the case may be)- (L.N. 78 of 2000) (a) after less than 5 years continuous contributory service; or (b) for any of the following reasons, (regardless of the length of his continuous contributory service) namely, that- (i) he is compulsorily retired, or dismissed or his contract is terminated (on completion or otherwise), on account of professional misconduct or being convicted of an offence; or (ii) he retires voluntarily, resigns, or terminates his contract (on completion or otherwise), in order to avoid compulsory retirement, dismissal, or termination of his contract, on account of professional misconduct or being convicted of an offence,then, subject to paragraph (3) and rules 7B and 18, his account shall be closed and, in accordance with rule 14, an amount equal to that contributed by him up to the date of the cessation of his employment, plus such dividends as have been declared on that contribution, shall be paid to him. (L.N. 239 of 1982; L.N. 78 of 2000) (3) On the application of a contributor who has ceased to make the contributions required under rule 8, the Permanent Secretary may, except- (3 of 2003 s. 16) (a) where, after 10 years continuous contributory service, the contributor is compulsorily retired; or (b) in any case to which paragraph (2A)(b) applies,direct, subject to such terms and conditions as he thinks fit, that the contributor's account be kept open, but in that event the period during which the contributor's account is kept open pursuant to this paragraph shall not be taken into account as continuous contributory service. (L.N. 239 of 1982) |