SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE
Gazette Number:
Section:
6
Heading:
Pension under this Ordinance to depend on deceased's pension
Version Date:
30/06/1997
(1) A pension shall not be granted under this Ordinance unless the deceased-
(a) had become eligible for the grant-
(i) of a pension or an annual allowance under the Pensions Ordinance (Cap 89)(other than an additional pension under regulation 31(1)(ii) or (iii) of the Pensions Regulations (Cap 89 sub. leg. A)); or
(ii) of a pension under the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401) (other than an additional pension under section 15(1) of either of those Ordinances), (Replaced 85 of 1988 s. 40)
whether or not such pension or annual allowance had actually been paid;
(b) would have been eligible for the grant-
(i) of a pension or an annual allowance under the Pensions Ordinance (Cap 89); or
(ii) of a pension under the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401),
if the requirement of minimum qualifying service had not been applicable to him; or (Amended 85 of 1988 s. 40)
(c) was still serving as a public officer at the time of his death and, if- (Amended 3 of 1993 s. 9)
(i) he had then retired on medical grounds; and
(ii) (Repealed 3 of 1993 s. 9)
(iii) the requirement of minimum qualifying service had not been applicable to him,
would have become eligible for the grant of a pension or an annual allowance under the Pensions Ordinance (Cap 89) or a pension under the Pension Benefits Ordinance (Cap 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap 401), as the case may be. (Amended 85 of 1988 s. 40)
(2) Where the deceased had more than one continuous period of contributory service, a pension shall be granted under this Ordinance in respect of each such period.