Chapter:	79	Title:	SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE	Gazette Number:	63 of 1999
Section:	13	Heading:	Rate and mode of payment of contributions	Version Date:	01/07/1997

Adaptation amendments retroactively made - see 63 of 1999 s. 3

(1) Contributions under this Ordinance shall-

(a) subject to this section and section 28(3A), be equal to 4% if the contributor so elects under subsection (3) and section 28(3A)(b), and otherwise 3%, or, in the case of a new contributor who starts to make contributions under this Ordinance on or after the appointed day, 3.5%, of the pensionable emoluments of the contributor, or of his emoluments that would have been pensionable emoluments had he been serving 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): (Amended 36 of 1987 s. 37; 85 of 1988 s. 42; 3 of 1993 s. 17)
Provided that-
(i) if a contributor has to make contributions under this Ordinance in respect of any period for which he has already made contributions under the existing Ordinance to which the existing Ordinance ceases to apply under section 26, the latter shall be set off against the former and any balance paid as arrears in accordance with this Ordinance and any surplus refunded without interest;
(ii) the contributions of a contributor to whom this Ordinance applies by virtue of an election made under section 3(1)(a)(ii), in respect of any period prior to his marriage, shall be equal to 3% of his pensionable emoluments regardless of the rate for which he may elect;
(b) by payable in respect of an officer's pensionable emoluments, or emoluments that would have been pensionable emoluments had he been serving 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 of an officer- (Amended 36 of 1987 s. 37; 85 of 1988 s. 42)
(i) to whom section 3(1)(a) or 3(1)(c)(i) applies, from the date his election under that section becomes effective; (Amended 3 of 1993 s. 17)
(ii) to whom section 3(1)(b) applies, from the date this Ordinance applies to him under section 3(2)(b);
(iii) transferred to other public service, who subsequently re-enters public service under the Government, from the date of his re-entry;
(iv) to whom section 3(1)(c)(ii) applies, from-
(A) the date his election under that section becomes effective; or
(B) the date on which he was appointed to service under the Government as a public officer or transferred thereto from other public service,
as he may elect; (Added 3 of 1993 s. 17)
(v) to whom section 3(1)(d) applies, from the date on which his election under subparagraph (iii) of that section becomes effective; (Added 3 of 1993 s. 17)
(vi) to whom section 3(1)(e) applies, from the date on which his election under section 3A(3) becomes effective; or (Added 3 of 1993 s. 17)
(vii) to whom section 3(1)(f) applies, from the date on which his election under section 3A(4) becomes effective; (Added 3 of 1993 s. 17)
(ba) (Repealed 3 of 1993 s. 17)
(c) not be payable in respect of any period of service without pay, except such a period which is 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), in which case contributions shall be paid as if the officer had received the emoluments he would have received had he been in receipt of pay during that period; (Amended 36 of 1987 s. 37; 85 of 1988 s. 42)
(d) be payable until-
(i) the contributor ceases to be a public officer in service under the Government; or
(ii) the contributor's election under section 3A to cease to make contributions comes into effect; or
(iii) the total period of contributory service (and where there is more than one period of contributory service, the aggregate of such periods) amounts to 400 complete months; (Replaced 3 of 1993 s. 17)
(e) be paid-
(i) except as otherwise provided in this Ordinance by deduction from the officer's salary;
(ii) in the case of arrears howsoever arising, in a lump sum or sums acceptable to the Director of Accounting Services or by monthly deduction (such deduction being in addition to monthly deduction of current payments under subparagraph (i)), or where the officer is not in receipt of salary, by monthly payment in either case at such rate as the Director of Accounting Services may from time to time consider expedient, or both by lump sum and such deduction or payment:
Provided that the rate of such deduction or payment shall not without the agreement of the officer exceed 5% of his monthly salary or, as the case may be, the amount he would have received as his monthly basic salary had such salary been payable;
(iii) in the case of an officer who commences any period of leave without pay prior to payment in full of any arrears of contributions being paid under subparagraph (ii), at the same rate and time as if he was not on such leave until such payment in full;
(iv) in the case of contributions owed by a contributor who has died, by any or a combination of the following means, that is to say, by a lump sum paid by his personal representatives out of his estate, or by deduction from any gratuity or other sum due to his estate, or by deduction from or withholding the widow's or children's pension, as the Director of Accounting Services may think fit.

(a) in respect of any period prior to the date on which this Ordinance first applied to him, in the case of an officer to whom this Ordinance applies by virtue of an election under section 3(1)(a)(ii), 3(1)(c)(ii) or 3(1)(d)(iii)(B) be those enjoyed by him at the date of his marriage; (Amended 3 of 1993 s. 17)
(b) in respect of any period of absence on leave without pay that is 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), be those he would have enjoyed had he not been on leave; (Amended 36 of 1987 s. 37; 85 of 1988 s. 42)
(ba) in respect of any period of service of an officer who has opted under section 8(1) and (3) of the Pension Benefits Ordinance (Cap 99) be in accordance with regulation 16(5) of the Pension Benefits Regulations (Cap 99 sub. leg. A); (Added 36 of 1987 s. 37)
(bb) in respect of any period of service of an officer whose application under section 9(2) and (7) of the Pension Benefits (Judicial Officers) Ordinance (Cap 401) is approved, be in accordance with regulation 16(5) of the Pension Benefits (Judicial Officers) Regulations (Cap 401 sub. leg. A); (Added 85 of 1988 s. 42)
(c) in respect of any period of service in a non-established office or service in an established office on agreement, being a period prior to the date on which this Ordinance first applied to him, be those enjoyed by him on the date of his appointment as a public officer in service under the Government; (Amended 36 of 1987 s. 37; 4 of 1993 s. 3)
(d) in respect of any period of service prior to the date on which this Ordinance first applied to her, in the case of a female officer who makes an election under section 24(d), be those enjoyed by her on that date;
(da) in respect of any period prior to the date on which this Ordinance first applied to the officer, in the case of-
(i) a female officer who holds an established office;
(ii) an officer on the Model One Pay-scale;
(iii) an officer who holds the post of senior artisan or artisan; and
(iv) an officer-
(A) who holds the post of Police Constable, Fireman, Ambulanceman, Assistant Officer II and Customs Officer;
(B) who was appointed before 1 January 1978; and
(C) who is not a contributor on the appointed day,
be those enjoyed by the officer on the appointed day or, where his election that this Ordinance shall apply to him becomes effective on the date of his marriage, the date of his marriage; (Added 3 of 1993 s. 17)
(db) in respect of any period prior to the date on which this Ordinance applied to the officer by virtue of an election under section 3A(3) or (4), be those enjoyed by him on the effective date of his election; (Added 3 of 1993 s. 17)
(e) in respect of any other period, be those enjoyed by him from time to time.