Chapter:	79	Title:	SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE	Gazette Number:
Section:	7	Heading:	Minimum benefits	Version Date:	30/06/1997

(1) Where the deceased at the time of his death was an officer to whom subsection (1C) applies or a public officer in service under the Government or had retired from that service in the circumstances described in section 6(1)(c), (d) or (e) of the Pensions Ordinance (Cap 89), or paragraphs (c), (cc) or (d) of regulation 26(4) of the Pensions Regulations (Cap 89 sub. leg. A), section 11(1)(d), (g) or (h) of the Pension Benefits Ordinance (Cap 99) or section 7(1)(d), (g) or (h) of the Pension Benefits (Judicial Officers) Ordinance (Cap 401), his pension under this Ordinance shall- (Amended 36 of 1987 s. 37; 85 of 1988 s. 41; 3 of 1993 s. 10)

(a) if his contributory service was less than 20 years but would not have been for a period shorter than 20 years if he died or retired at the age of 55 years, be computed as if his contributory service had been for a period of 20 years; or
(b) if his contributory service would have been for a period shorter than 20 years if he died or retired at the age of 55 years, and was less than that shorter period, be computed as if his contributory service had been for that shorter period.

(a) where the deceased had elected under section 3A(1) to cease to make contributions under this Ordinance;
(b) where the deceased had only one continuous period of service and-
(i) he first became a contributor before the appointed day; and
(ii) he had not made contributions under this Ordinance during the entire period-
(A) between the day on which he first became a contributor and his death;
(B) when he was a public officer in service under the Government; and
(C) when he was not on leave which was not pensionable service within the meaning of the Pensions Ordinance (Cap 89), Pension Benefits Ordinance (Cap 99) or Pension Benefits (Judicial Officers) Ordinance (Cap 401);
(c) where the deceased had only one continuous period of service and-
(i) he first became a contributor on the appointed day; and
(ii) he had not made contributions under this Ordinance during the entire period-
(A) between the day and his death;
(B) when he was a public officer in service under the Government; and
(C) when he was not on leave which was not pensionable service within the meaning of the Pensions Ordinance (Cap 89), Pension Benefits Ordinance (Cap 99) or Pension Benefits (Judicial Officers) Ordinance (Cap 401);
(d) where the deceased had only one continuous period of service and-
(i) he first became a contributor after the appointed day; and
(ii) he made an election under sections 3(1)(c)(ii) and (2)(d)(ii) and 3A(4) which became effective on the date of his marriage; or
(e) where the deceased had more than one continuous period of service with the Government and he had not made contributions under this Ordinance during the entire last period of service (which period does not include any period of service without pay that is not taken into account as pensionable service under regulation 21(c) of the Pensions Regulations (Cap 89 sub. leg. A), regulation 21(1)(e) of the Pension Benefits Regulations (Cap 99 sub. leg. A) or regulation 20(1)(e) of the Pension Benefits (Judicial Officers) Regulations (Cap 401 sub. leg. A)) beginning on or after the appointed day during which he was a public officer in service under the Government. (Added 3 of 1993 s. 10)

(a) to whom this Ordinance did not apply before the commencement of the Pensions Modification Ordinance 1993 (3 of 1993) and who-
(i) has elected that this Ordinance shall apply to him within 6 months after the appointed day or the date of his marriage; and
(ii) has elected that the election referred to in subparagraph (i) shall be effective on or before the appointed day;
(b) who-
(i) has elected under section 3A(3) to make contributions under this Ordinance; and
(ii) has elected that the election referred to in subparagraph (i) shall be effective on the first date referred to in section 3(2)(f)(ii); or
(c) who-
(i) has elected under section 3A(4) to make contributions under this Ordinance; and
(ii) has elected that the election referred to in subparagraph (i) shall be effective on the first date referred to in section 3(2)(g)(ii). (Added 3 of 1993 s. 10)