||Title:||SURVIVING SPOUSES' AND CHILDREN'S PENSIONS ORDINANCE||Gazette Number:||63 of 1999|
|Section:||8||Heading:||Surviving spouses' pensions||Version Date:||01/07/1997|
Adaptation amendments retroactively made - see 63 of 1999 s. 3
(1) A surviving spouse's pension shall not be granted if after the death of the deceased the surviving spouse remarries and if, after the grant of a surviving spouse's pension, the surviving spouse remarries, the pension shall cease as from the date of the re-marriage:
Provided that where-
the Directors may, if they think fit and subject to subsection (6), grant or regrant the pension as from that date.
(a) a pension is withheld or ceases under this section; and
(b) the Directors are satisfied at a subsequent date that the marriage has come to an end or that there are compassionate grounds for the payment of a pension notwithstanding the marriage,
(2) (Repealed 36 of 1987 s. 37)
(3) Subject to subsection (1), a surviving spouse's pension shall be paid in respect of the whole period from the day following the date of the death of the deceased to the death of the surviving spouse. (Amended 36 of 1987 s. 37)
(4) The annual rate of a surviving spouse's pension shall amount to the aggregate of the following-
(5) (a) Where the annual rate of the surviving spouse's pension is less than such amount as the Chief Executive may from time to time determine for the purposes of this subsection, the Directors may, on the application of the surviving spouse within 3 months next following the grant of the pension, commute the pension by paying to him a sum which, according to actuarial tables 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)
(a) six-twelfths of the rate of the pension of the deceased which relates to that part of his contributory service in respect of which he made contributions under this Ordinance at the rate of 4% of his pensionable emoluments; and
(b) five-twelfths of the rate of the pension of the deceased which relates to that part of his contributory service in respect of which he made contributions under this Ordinance at the rate of (where he is an existing contributor) 3% or (where he is a new contributor), 3.5% of his pensionable emoluments or in respect of which he made contributions under the existing Ordinance.
(6) (a) Notwithstanding anything to the contrary in this Ordinance, no surviving spouse shall be eligible for the grant of more than one surviving spouses pensions at the same time, except where more than one surviving spouses pensions are granted by virtue of section 6(2).
(b) This subsection shall not apply where a children's pension has been granted and the aggregate of the annual rates of the children's pension and the surviving spouse's pension exceeds the amount determined for the purposes of paragraph (a).
(b) Where but for section 6(2) a surviving spouse would have been eligible for the grant of more than one surviving spouses' pensions, he shall, subject to this Ordinance, be granted the largest of those pensions. (Replaced 36 of 1987 s. 37)
(Amended 3 of 1993 s. 11)