The Hong Kong (Overseas Public Servants) (Pension Supplements) (Amendment) Order 1998 © Crown Copyright 1998 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Hong Kong (Overseas Public Servants) (Pension Supplements) (Amendment) Order 1998 , ISBN 0 11 065960 0. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
Her Majesty, in exercise of the powers conferred upon Her by section 4 of the Hong Kong (Overseas Public Servants) Act 1996[1] and all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered as follows: - Citation, construction and commencement 1. - (1) This Order may be cited as the Hong Kong (Overseas Public Servants) (Pension Supplements) (Amendment) Order 1998 and shall be read as one with the Hong Kong (Overseas Public Servants) (Pension Supplements) Order 1996[2] (hereinafter referred to as the "principal Order"). (2) This Order shall come into force on 1st July 1998. Amendment of article 2 of the principal Order 2. The definition "relevant law" in article 2(1) of the principal Order shall be amended by adding to the Ordinances specified therein the Pensions (Special Provisions) (Hong Kong Polytechnic) Ordinance[3]. Amendment of the Schedule to the principal Order 3. The Schedule to the principal Order shall be amended as follows -
(b) in Head I1(c) -
(c) in Head I.2, by deleting the sub-paragraph "Interpretation of Head H2" and substituting the following:
(b) retired before the coming into force of this Order from public service in Hong Kong; and (c) on retirement, were awarded a pension, or were entitled to a deferred pension, under a relevant law in respect of their service in Hong Kong.
To calculate the sterling value of an officer's notional Hong Kong pension:
(b) Determine the salary point and allowances appropriate to the salary point of that grade on 1st January 1992; this will produce the officer's notional pensionable emoluments in respect of his service under both the Government of Hong Kong and the Hong Kong Polytechnic; (c) Calculate in months the total reckonable pensionable service of the officer under the Government of Hong Kong and under the Hong Kong Polytechnic; (d) Determine the pension earning rate under the relevant law; (e) Multiply the figures obtained at paragraphs (b) and (c) and divide by the figure obtained at paragraph (d):
(g) Convert the sum obtained at paragraph (e) or paragraph (f), as the case may be, into sterling at the rate of Hong Kong dollars 21 to the pound sterling; (h) If the officer commuted any part of his actual Hong Kong pension, or his pension has been or is reduced by an appropriate authority under the relevant law, the figure established at paragraph (g) is reduced to the like extent; (i) Save as provided in paragraph 2 of Part I of this Schedule, increase the sum obtained at paragraph (g) or paragraph (h) of this Head, as appropriate, as if that sum were a pension of the same amount beginning on the same date as that used to determine the entitlement of the officer to a pension supplement under regulations made under section 11 of the Pensions (Increase) Act 1971, or such date as would have been used as if the officer had been entitled to a pension supplement, as follows:
(ii) in April of each year up to the date on which a calculation is to be made to determine whether a supplementary payment is to be made under paragraph 5 of this Order, by the appropriate percentage increase rate obtained from the relevant Pensions Increase (Review) Order;
(j) The sum obtained at paragraph (g) or paragraph (h), as the case may be, as increased in accordance with paragraph (i), so far as the latter is applicable, is the sterling value of the officer's notional Hong Kong pension;
(This note is not part of the Order) This Order amends the 1996 Order in two respects. The original provision for calculating the protected pension of an orphan did not adequately reflect the provisions of the relevant Hong Kong law; this is corrected in article 3(b) and (c). Article 3(a) and the Schedule (Head G) replace the provision for certain pensioners who had both government and other public service in Hong Kong (under the Hong Kong Polytechnic) to reflect more adequately the periods in government service, and to provide a more appropriate safeguard in respect of pensions granted for such service. Notes: [1] 1996 c.2.back [3] Laws of Hong Kong, Cap 90.back
ISBN 0 11 065960 0
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