Cap 99A reg 17 Service which may be taken as pensionable service (PENSION BENEFITS REGULATIONS; PENSION BENEFITS ORDINANCE)

Contents of Section

Chapter:	99A	Title:	PENSION BENEFITS REGULATIONS	Gazette Number:
Regulation:	17	Heading:	Service which may be taken as pensionable service	Version Date:	30/06/1997

(1) Subject to any option exercised under section 8(1) of the Ordinance and to these regulations, only service in an office the terms of appointment of which attracts pension benefits shall be taken into account as pensionable service.
(2) Where a Category A officer has a period of service in a non-established office prior to 1 April 1987 and such service is immediately followed by service in an established office and the officer is subsequently confirmed in an established office, only 675/800 of such service in the non-established office shall be taken into account as pensionable service of a Category A officer; but where all the service of an officer is in a non-established office after 31 March 1987 the whole of such service shall be taken into account as pensionable service.
(3) Where an officer has been transferred from an established office in which he has been confirmed to a non-established office and subsequently retires or resigns, or is retired, as specified in section 11(1) of the Ordinance, the whole service of such officer may be counted-

(a) as pensionable service of a Category B officer; or

(b) as pensionable service of a Category A officer but at his pensionable emoluments at the date of his transfer,

whichever yields the greater pension or short service gratuity.
(4) Where a female officer-

(a) has, prior to 27 May 1966, retired from the service by reason of her marriage; and

(b) has, upon retirement, received a marriage gratuity under the Pensions Regulations (Cap 89 sub. leg. A),

the period of service prior to such retirement shall not be taken into account as pensionable service.
(5) Where a female officer, other than a divorced or widowed female officer confirmed in an established office prior to 17 November 1972, has, after marriage, served in an established office prior to 27 May 1966, her service as a married officer for the period up to that date shall be deemed to be service in an established office and such period may be taken into account as pensionable service of a Category A officer. (L.N. 552 of 1994)
(6) Where a female officer who-

(a) has retired by reason of her marriage between 27 May 1966 and 17 November 1972; and

(b) has received a gratuity under regulation 6 or 13 of the Pensions Regulations (Cap 89 sub. leg. A),

is subsequently re-appointed to service under the Government, the period of service under the Government in respect of which the gratuity was granted shall not be taken into account as pensionable service unless-

(i) an application to the contrary has been made within 6 months of 17 November 1972;

(ii) there has been no break of service; and

(iii) the gratuity received has been refunded together with interest at a rate to be determined by the Financial Secretary.

(7) Where a female officer who-

(a) has, prior to 17 November 1972, retired from the service by reason of her marriage; and

(b) has not, upon retirement, received a marriage gratuity under the Pensions Regulations (Cap 89 sub. leg. A),

is without break in service subsequently re-appointed to service under the Government, the period of service prior to such retirement shall be taken into account as pensionable service.

(Enacted 1987)