SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE
63 of 1999
Rate and mode of payment of children's pensions
Adaptation amendments retroactively made - see 63 of 1999 s. 3
(1) Only one children's pension shall be granted in respect of each continuous period of contributory service of any one person, but- (Amended 36 of 1987 s. 37)
(a) the rate thereof may vary according to the number of persons for whose benefit it can for the time being enure; and
(b) it shall be paid to such person or persons as the Director of Accounting Services may from time to time direct, and different parts thereof may be directed to be paid to different persons; and
(c) the person to whom all or any part thereof is paid shall apply the sum paid to him, without distinction, for the benefit of all the persons for whose benefit the pension can for the time being enure or for the benefit of such of them as the Director of Accounting Services may from time to time direct.
(2) Where the deceased leaves no surviving spouse, and, if the deceased leaves a surviving spouse, after his death, the annual rate of a children's pension-
(a) while the persons for whose benefit it can enure are two or more in number, shall amount to two-thirds of the rate of the pension of the deceased;
(b) while there is only one such person, shall amount to one-third of the rate of the pension of the deceased.
(3) Subject to subsection (4), where the deceased leaves a surviving spouse, the annual rate of a children's pension during his life-
(a) while there are two or more persons for whose benefit it can enure, shall amount to one half of the rate of the pension of the deceased;
(b) while there is only one such person, shall amount to one-fourth of the rate of the pension of the deceased if he is in the care of the surviving spouse, or one-third of such pension if in the care of some other person.
(4) (a) Notwithstanding anything in this section, where the deceased leaves a surviving spouse and no surviving spouses' pension is granted to him, or if one is granted to him, it ceases in accordance with this Ordinance to be paid before his death, children's pension shall be payable as respects any period comprised within the life-time of the surviving spouse or within the time in respect of which no surviving spouses' pension is payable, as the case may be, and subsection (3) shall apply as respects any such period notwithstanding that the surviving spouse is still alive and if, but only if, the Directors are of the opinion that subsection (2) should apply in lieu of subsection (3) in the particular case, they may give a direction to that effect.
(b) In case the Directors give a direction under this subsection, subsection (2) shall have effect in accordance with the direction. (Replaced 36 of 1987 s. 37)
(5) (a) Where the annual rate of a children's pension does not exceed the amount determined for the purposes of section 8(5)(a) the Directors may, on the application of any person made within 3 months next following the grant of the pension, commute the pension by paying to such person or persons as they think fit a sum which, according to actuarial tables to be prepared from time to time by an actuary appointed by the Chief Executive, is at the date of payment, actuarially equivalent to the value of the pension. (Amended 63 of 1999 s. 3)
(b) This subsection shall not apply where a surviving spouse's pension has been granted and the aggregate of the annual rates of the surviving spouse's pension and the children's pension exceeds the amount determined for the purposes of section 8(5)(a).
(6) (a) Notwithstanding anything to the contrary in this Ordinance, no child shall be eligible for the grant of or to share in more than one children's pensions at the same time, except where more than one children's pensions are granted by virtue of section 6(2).
(b) Where but for section 6(2) a child would have been eligible for the grant of or to share in more than one children's pension, the child shall be deemed to be eligible only in respect of that pension which would in the opinion of the Directors produce the result most favourable to all the children who might benefit from those pensions. (Replaced 36 of 1987 s. 37)