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

PART I GENERAL PROVISIONS

1.  In this Schedule:

• “pensionable emoluments” (except in the expression notional Hong Kong pensionable emoluments), “public service”, “other public service” and “Scheduled Government” have the meanings respectively ascribed to them in the relevant law;

• “service in the Group” means service under the Government of Hong Kong and under a Scheduled Government or Governments;

• “the mixed service formula” means the following calculation:

  (a)

  determine the pension which would be payable under the relevant law in respect of the notional Hong Kong pensionable emoluments as if the officer’s service had been wholly under the Government of Hong Kong;

  (b)

  determine:

  (i)

  the aggregate amount of the officer’s actual pensionable emoluments during his service under the Government of Hong Kong; and

  (ii)

  the aggregate amount of his actual pensionable emoluments throughout his service in the Group;

  (c)

  the pension payable on the notional Hong Kong pensionable emoluments in respect of the officer’s Hong Kong Service will bear the same proportion to the amount determined in paragraph (a) of this definition as the amount determined in paragraph (b)(i) bears to the amount determined in paragraph (b)(ii);

• “relevant Pensions Increase (Review) Order” in respect of any year, means the Order (if any) made under section 59 of the Social Security Pensions Act 1975(1), as from time to time in force, which has effect in respect of that year.

2.—(1) Where, in calculating the sterling value of a specified officer’s notional Hong Kong pension, provision is made in this Schedule for increasing any sum by a percentage increase rate obtained from a Pensions Increase (Review) Order or in accordance with section 1 or an order made under section 2 of the Pensions (Increase) Act 1971 and the calculation is to be made at any time between the officer’s retiring under the age of fifty five years and his attaining that age, no such increase shall be made:

(a) in respect of any such Order made subsequent to the date of his retirement;

(b) or, as the case may be, for any period to which the said section 1, or any order made under the said section 2, applies

if that period falls within the period between the officer so retiring and his attaining the age of fifty five, unless the Secretary of State is satisfied that the officer is permanently incapacitated by physical or mental infirmity from engaging in any regular full-time employment. When the officer has attained the age of fifty five, subsequent calculations shall take account of Orders or periods excluded by the foregoing provisions of this paragraph as well as any relevant earlier or future Orders.

(2) Nothing in this paragraph applies to the calculation of the sterling value of a deceased specified officer’s notional Hong Kong pension where such calculation is made for the purposes of calculating a dependant’s notional Hong Kong pension.

(1)

1975 c. 60.