The Hong Kong (Overseas Public Servants) (Pension Supplements) Order 1996

1. Introductory Text

2. 1. Citation and commencement

3. 2. Interpretation

4. 3. Benefits falling within this Order

5. 4. Determination of notional Hong Kong pension and actual pension income in sterling

6. 5. Provision for supplementation of pension

7. 6. Suspension or variation of payment of pensions

8. 7. Determination of sterling values of notional Hong Kong gratuity and of actual gratuity

9. 8. Provision for supplementation of gratuity

10. 9. Registration of notional Hong Kong benefits and provision of information

11. 10. Overpayments

12. 11. Secretary of State to decide all questions of interpretation of the Order

13. Signature

14. 1. THE SCHEDULE

       1. PART I GENERAL PROVISIONS

          1. 1. In this Schedule: “pensionable emoluments” (except in the expression notional...

          2. 2. (1) Where, in calculating the sterling value of a specified...

       2. PART II RULES FOR CALCULATING AND DETERMINING A NOTIONAL HONG KONG PENSION AND ITS STERLING VALUE

          1. Head A: Specified officers who are awarded a pension, or entitled to a deferred pension, under a relevant law on their retirement from the service of Hong Kong before or after the coming into force of this Order and who have no other pensionable public service

          2. Head B: Specified officers who are awarded a pension, or entitled to a deferred pension, under a relevant law on their retirement from the service of Hong Kong before or after the coming into force of this Order and who have other pensionable service under a Scheduled Government

          3. Interpretation of Head B:In paragraph (g) of this Head:

          4. 1. Head C: Specified officers who retire before the coming into force of this Order from United Kingdom service who, on such retirement, are awarded a pension under a relevant law of Hong Kong in respect of their service in Hong Kong

          5. 2. Where the officer is in receipt of an overseas government...

          6. 3. In this Head, “overseas government service pension” means a pension...

          7. Head D: Specified officers who retire on or after the coming into force of this Order from United Kingdom service who, on such retirement, are awarded a pension under a relevant law of Hong Kong in respect of their service in Hong Kong

          8. Head E: Specified officers who, having resigned from United Kingdom service before the coming into force of this Order with a preserved pension entitlement under United Kingdom law, are, after the coming into force of this Order, awarded a deferred pension under a relevant law of Hong Kong in respect of their service in Hong Kong

          9. Head F: Specified officers who retired before the coming into force of this Order from the service of a Scheduled Government (other than the Government of the United Kingdom) who, on such retirement, are awarded a pension or entitled to a deferred pension under a relevant law of Hong Kong in respect of their service in Hong Kong

          10. Head G: Specified officers who retired before the coming into force of this Order from other public service in Hong Kong who, on retirement, are awarded a pension, or entitled to a deferred pension, under a relevant law in respect of their service in Hong Kong

          11. Head H: Specified officers who are entitled to a pension under the Police Officers (Special Cases) Pensions Ordinance

          12. 1. Head I: Spouses and children who, being dependants of specified officers who die in service or after being granted a pension in respect of their service in Hong Kong, have been or are themselves granted a pension under the Surviving Spouses’ and Children’s Pensions Ordinance

          13. 2. To calculate the sterling value of the notional Hong Kong...

          14. 2. Interpretation of Head H2:

          15. Head J: Widows and children who, being dependants of specified officers who die in service or after being granted a pension in respect of their service in Hong Kong, have been or are themselves granted a pension under the Widows and Orphans Pension Ordinance

          16. Head K: Dependants of specified officers who are awarded a pension under, and in the circumstances prescribed in, section 18 of the Pensions Ordinance, section 19 of the Pension Benefit Ordinance or section 20 of the Pension Benefit (Judicial Officers) Ordinance

       3. PART III RULES FOR CALCULATING AND DETERMINING A NOTIONAL HONG KONG GRATUITY AND ITS STERLING VALUE

          1. Head L: Specified officers who retire from the service of the Government of Hong Kong with no other pensionable public service and who elect to commute part of their Hong Kong pension for a gratuity

          2. Head M: Specified officers who retire from the service of the Government of Hong Kong with other pensionable service under a Scheduled Government and who elect to commute part of their Hong Kong pension for a gratuity

          3. Head N: Specified officers who retire from the service of the United Kingdom Government and elect to commute part of their Hong Kong pension for a gratuity

          4. Head O: Death Gratuity

15. Explanatory Note