Contents of Section

Chapter:

99A PDFTitle:PENSION BENEFITS REGULATIONSGazette Number:63 of 1999
Regulation:23Heading:Rates of additional pension on account of injuriesVersion Date:01/07/1997

Remarks:

Adaptation amendments retroactively made - see 63 of 1999 s. 3

(1) Subject to paragraphs (2) and (5), the annual rate of additional pension granted under section 15(1) of the Ordinance to an officer who is injured on or after 1 February 1993 in the circumstances described in section 14 of the Ordinance shall be the same percentage of his actual pensionable emoluments as at the date of his injury as the percentage of permanent incapacity resulting from such injury. (3 of 1993 s. 53; L.N. 552 of 1994)
(1A) The percentage of permanent incapacity referred to in paragraph (1) shall be assessed in such manner as the Secretary for the Civil Service may specify by general notice published in the Gazette. (3 of 1993 s. 53)
(1B) Subject to paragraphs (2) and (6), the annual rate of additional pension granted under section 15(1) of the Ordinance to an officer who is injured before 1 February 1993 in the circumstances described in section 14 of the Ordinance shall be the proportion of his actual pensionable emoluments at the date of his injury appropriate to his case as shown in the table in this paragraph, whether his capacity to contribute to his own support because of the injury is impaired before or after his retirement.

TABLE

When the officer's capacity to contribute to his own support is-
    (a) slightly impaired ................................................................................. 50/675
    (b) impaired ............................................................................................ 100/675
    (c) materially impaired ............................................................................. 150/675
    (d) totally destroyed ................................................................................. 200/675
      (L.N. 552 of 1994)

(1C) A medical board appointed by the Hospital Authority shall determine for the purpose of paragraph (1B)-
        (a) whether or not an officer's capacity to contribute to his own support because of the injury is impaired; and
        (b) the degree of impairment in accordance with the table in paragraph (1B). (L.N. 552 of 1994)
(2) The rate of additional pension under paragraph (1) or (1B) may be reduced to such an extent as the Chief Executive thinks reasonable where the injury is not the cause or the sole cause of retirement. (L.N. 552 of 1994; 63 of 1999 s. 3)
(3) (Repealed 3 of 1993 s. 53)
(4) An additional pension in accordance with this regulation shall be payable-
        (a) in the case of an officer who suffers incapacity before his retirement or whose capacity to contribute to his own support is impaired before his retirement, with effect from the date of his retirement; (L.N. 552 of 1994; 63 of 1993 s. 3)
        (b) in the case of an officer who suffers incapacity after his retirement or whose capacity to contribute to his own support is impaired after his retirement, with effect from the date on which such incapacity is determined in accordance with paragraph (1A) or the date on which his degree of impairment is determined, as the case may be. (3 of 1993 s. 53; L.N. 552 of 1994)
(5) If there is any variation in the degree of permanent incapacity of an officer subsequent to the grant of an additional pension at a rate in accordance with this regulation, the rate at which the additional pension has been granted may be reassessed in such manner as the Secretary for the Civil Service may specify by general notice published in the Gazette and at such time as the Secretary for the Civil Service may think fit. (3 of 1993 s. 53)
(6) If there is any variation in the degree of the impairment of an officer's capacity to contribute to his own support subsequent to the grant of an additional pension at a rate in accordance with paragraph (1B), the rate at which the additional pension has been granted may be reassessed in accordance with the table in paragraph (1B) by a medical board appointed by the Hospital Authority at such time or times as the board may think fit. (L.N. 552 of 1994)