Contents of Section

Chapter:

79 PDFTitle:SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCEGazette Number:
Section:24Heading:Date of application to female officersVersion Date:30/06/1997

Where this Ordinance applies to a divorced or widowed female public officer under section 3 and the Schedule, it shall do so from the following date-

        (a) the commencement of this Ordinance in the case of a divorced or widowed officer who was in service under the Government in an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401) at such commencement;
        (b) the date of her divorce or her husband's death which divorce or death took place before the appointed day in case of an officer who after the commencement of this Ordinance was in service under the Government before the appointed day in an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401) at the time of her divorce or her husband's death;
        (c) the date of her appointment or transfer to service under the Government before the appointed day in an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401) in the case a divorced or widowed officer so appointed or transferred after the commencement of this Ordinance who was not in service under the Government immediately prior to such appointment;
        (d) in the case of an officer who was in service under the Government before the appointed day in a non-established office immediately before she was, after the commencement of this Ordinance, appointed to such service in an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401)-
          (i) the date being a date before the appointed day on which she was first both a divorcee or widow and in continuous service; or
          (ii) the commencement of this Ordinance,
          whichever is the later, if she so elects at the same time as she elects that this Ordinance shall apply to her; and if she does not elect for the date specified in subparagraph (i) or (ii), the date she was appointed to service under the Government in an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401):
Provided that if the officer was on agreement immediately before she was appointed in an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap 89), the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), the date shall not be earlier than the date of commencement of her pensionable service.
(Amended 36 of 1987 s. 37; 85 of 1988 s. 44; 3 of 1993 s. 23)