Cap 79 s 28 Transitional provisions (SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE)

Contents of Section

Chapter:	79	Title:	SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE	Gazette Number:
Section:	28	Heading:	Transitional provisions	Version Date:	30/06/1997

(1) (Repealed 36 of 1987 s. 37)
(2) Notwithstanding anything to the contrary in this Ordinance, a person who at the commencement of this Ordinance is both making contributions under the existing Ordinance and is in service under the Government in a non-established office otherwise than on agreement shall, for so long as he continues to serve in such non-established office, be deemed for all purposes of this Ordinance to be a public officer in service under the Government unless he fails to make an election under section 3(1)(a) within the time it has to be made, and for the avoidance of doubt it is hereby declared that section 6 shall not preclude the grant of a pension in relation to him unless it would have done so had he been a public officer. (Amended 36 of 1987 s. 37)
(3) Notwithstanding that this Ordinance does not apply to a public officer who holds the post of police constable, constable Hawker Control Force, fireman, ambulanceman, assistant officer II, preventive officer or assistant revenue officer at the commencement of this Ordinance and does not elect under section 3(1)(a) for the application to him of this Ordinance, the Ordinance shall apply to him on and after the date with effect from which he is promoted or otherwise appointed as a public officer in service under the Government to any post other than that so held by him, or the commencement of this Ordinance, whichever is the later.
(3A) Where this Ordinance applies to an officer (whether the title of his office has been changed or not) by virtue of subsection (3), the officer may elect-

(a) 1 January 1978 as the date on which such application came into effect; and

(b) to make contributions equal to 4% or 3% of his emoluments as at the appointed day during the period between 1 January 1978 and the date

n which this Ordinance first applied to him,

within 6 months following the appointed day. (Added 3 of 1993 s. 24)
(4) A public officer in service as a public officer under the Government at the commencement of this Ordinance who ceased or ceases to be a public officer prior to the expiration of the period within which he may make an election under section 3(1)(a)(i), shall, until the expiration of that period be deemed to be a public officer in service under the Government for the purposes of section 3(1)(a)(i). (Added 58 of 1978 s. 2)

(5) (a) Any contributions made under this Ordinance in respect of service under an agreement entered into on or after 1 June 1981 which expressly provides for the payment of a monthly pension in lieu of a gratuity, shall as soon as practicable be returned to the contributor or to his legal personal representative and there shall be paid out of the general revenue of Hong Kong the contributions to be returned.

(b) No such service shall be contributory service for the purposes of this Ordinance. (59 of 1982 s. 3 incorporated)