Pensions (Special Provisions) (The Hong Kong Institute Of Education) Ordinance


Published: 1997-06-30

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Cap 477 - PENSIONS (SPECIAL PROVISIONS) (THE HONG KONG INSTITUTE OF EDUCATION) ORDINANCE 1

Chapter: 477 PENSIONS (SPECIAL PROVISIONS) (THE HONG
KONG INSTITUTE OF EDUCATION) ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


An Ordinance to provide for the pensions, allowances, gratuities and pension benefits of certain officers transferred
from service under the Government to service under The Hong Kong Institute of Education.

(Enacted 1995)


[1 July 1995] L.N. 306 of 1995


(Originally 38 of 1995)

Section: 1 Short title 30/06/1997


(1) This Ordinance may be cited as the Pensions (Special Provisions) (The Hong Kong Institute of Education)
Ordinance.

(2) (Omitted as spent)
(Enacted 1995)


Section: 2 Interpretation 30/06/1997


In this Ordinance, unless the context otherwise requires-
"aggregate service" (總計服務) means the total length of service of an officer under the Government and the

Institute;
"allowance" (津貼) includes an "annual allowance" (年積金) payable under the Pensions Ordinance (Cap 89);
"death gratuity" (死亡恩恤金) means a death gratuity payable under or defined in the relevant Pensions Ordinance;
"gratuity" (酬金) means a gratuity payable under the Pensions Ordinance (Cap 89);
"highest pensionable emoluments" (最高可供計算退休金的薪酬) means the highest pensionable emoluments as

defined in the relevant Pensions Ordinance;
"Institute" (學院) means The Hong Kong Institute of Education established by section 3 of The Hong Kong Institute

of Education Ordinance (Cap 444);
"pension" (退休金) means a pension payable under the relevant Pensions Ordinance;
"pension benefits" (退休金利益 ) means pension benefits as defined in section 2(1) of the Pension Benefits

Ordinance (Cap 99);
"pensionable emoluments" (可供計算退休金的薪酬) means pensionable emoluments as defined in the relevant

Pensions Ordinance;
"pensionable service" (可供計算退休金的服務) means pensionable service as defined in the relevant Pensions

Ordinance;
"relevant Pensions Ordinance" (有關退休金條例) means the Pensions Ordinance (Cap 89) or the Pension Benefits

Ordinance (Cap 99) that applied to a transferred officer immediately before his transfer;
"service under the Institute" (學院服務) means service of a transferred officer in the employment of the Institute on

terms and conditions of the Institute, but does not include service of an officer who is, while remaining in
service under the Government, directed by the Government to work in the Institute;

"short service gratuity" (短期服務酬金) means short service gratuity as defined in section 2(1) of the Pension
Benefits Ordinance (Cap 99);

"transferred officer" (轉任人員) means an officer referred to in section 3(1).
(Enacted 1995)





Cap 477 - PENSIONS (SPECIAL PROVISIONS) (THE HONG KONG INSTITUTE OF EDUCATION) ORDINANCE 2

Section: 3 Application 30/06/1997


(1) This Ordinance applies to an officer-
(a) transferring from service under the Government to service under the Institute;
(b) who is, immediately before the transfer, an officer to whom a relevant Pensions Ordinance applied;

and
(c) whose transfer to service under the Institute the Secretary for the Civil Service specifies for the

purposes of this section by notice published in the Gazette.
(2) A notice under subsection (1)(c) must specify the grade and rank of the officer and the date on which the

transfer occurred or, where appropriate, is to occur.
(Enacted 1995)


Section: 4 Options 30/06/1997


(1) An officer in service under the Government to whom the Pensions Ordinance (Cap 89) applies who is to be
transferred to service under the Institute may opt to have either section 5 or 6 applied to him for any pension,
allowance or gratuity.

(2) An officer in service under the Government to whom the Pension Benefits Ordinance (Cap 99) applies who
is to be transferred to service under the Institute may opt to have either section 5 or 7 applied to him for any pension or
pension benefits.

(3) The officer must exercise his option under this section not later than the day preceding the date of the
officer's transfer and in accordance with the terms offered by the Government.

(Enacted 1995)

Section: 5 Application of Pensions Ordinance (Cap 89) and Pension

Benefits Ordinance (Cap 99) extended
30/06/1997



(1) A transferred officer continues to have the Pensions Ordinance (Cap 89) applied to him if immediately
before his transfer that Ordinance applied to him and he has opted under section 4 to have this section applied to him
while he is in the service under the Institute.

(2) If immediately before the transfer the officer was rendering service which could be taken into account for
computing an annual allowance of gratuity, his prior service under the Government is service which is taken into
account.

(3) A transferred officer continues to have the Pension Benefits Ordinance (Cap 99) applied to him if
immediately before his transfer that Ordinance applied to him and he has opted under section 4 to have this section
applied to him while he is in the service under the Institute.

(4) Service the transferred officer renders under the Institute after transfer is pensionable service and public
service under the relevant Pensions Ordinance.

(5) This section does not allow the period between the commencement of service under the Institute and the
expiration of a period of absence from duty on leave with salary immediately before the final termination of his
service under the Government to be both a period of service under the Government and a period of service under the
Institute to determine the length of pensionable service or service to be taken into account for computing an annual
allowance or gratuity.

(Enacted 1995)

Section: 6 Rights under Pensions Ordinance (Cap 89) frozen 30/06/1997


(1) This section applies to a transferred officer to whom the Pensions Ordinance (Cap 89) applied immediately
before his transfer and who has opted under section 4 to have this section applied to him.

(2) The transferred officer shall be granted on his retirement from service under the Institute in circumstances
permitted by the Institute for his service under the Government a pension, annual allowance or gratuity under the
Pensions Ordinance (Cap 89) as the case requires if his aggregate service would have qualified him for the pension,
annual allowance or gratuity as if it had been wholly under the Government.

(3) A pension granted to the officer is computed under regulation 10(1) of the Pensions Regulations (Cap 89



Cap 477 - PENSIONS (SPECIAL PROVISIONS) (THE HONG KONG INSTITUTE OF EDUCATION) ORDINANCE 3

sub. leg. A).
(4) An annual allowance granted to the officer is computed under regulation 26(1) of the Pensions Regulations

(Cap 89 sub. leg. A) as though regulation 10(1) of those Regulations applied and "pension" in that regulation included
an annual allowance.

(5) A gratuity or annual allowance granted to the officer is computed under regulation 27 or 28 (as the case
requires) of the Pensions Regulations (Cap 89 sub. leg. A) as though regulation 10(1) of those Regulations applied and
"pension" in that regulation included a gratuity or annual allowance.

(6) If the transferred officer's aggregate service does not qualify him for a pension, annual allowance or gratuity
under subsection (2), he shall on his retirement from service under the Institute in circumstances permitted by the
Institute, be granted for his service under the Government-

(a) a gratuity under regulation 12 of the Pensions Regulations (Cap 89 sub. leg. A) as though "pension" in
that regulation referred to a pension granted under subsection (2);

(b) a gratuity computed under regulation 26(8) of the Pensions Regulations (Cap 89 sub. leg. A) as though
regulation 12 of those Regulations applied; or

(c) a gratuity computed under regulation 28(1)(a) of the Pensions Regulations (Cap 89 sub. leg. A) as
though regulation 12 of those Regulations applied.

(7) Where a transferred officer dies while in service under the Institute after completing not less than 2 years'
aggregate service, there shall be paid for his service under the Government-

(a) a death gratuity computed under section 17(1) of the Pensions Ordinance (Cap 89) but shall not in any
case be supplemented under section 17(4) of that Ordinance; or

(b) a gratuity computed under regulation 29(2) of the Pensions Regulations (Cap 89 sub. leg. A) as though
the words "or where appropriate the commuted annual allowance gratuity supplemented in accordance
with paragraph (2A)," were omitted from paragraph (2)(a)(i)(B) of the regulation.

(8) Where a transferred officer dies after retirement from service under the Institute-
(a) if he has been granted, or become eligible for, a pension under this section, a death gratuity shall be

paid for his service under the Government under section 17(3) of the Pensions Ordinance (Cap 89); or
(b) if he has been granted, or become eligible for, an annual allowance under this section, a gratuity shall

be granted for his service under the Government under regulation 29(6) of the Pensions Regulations
(Cap 89 sub. leg. A) as though the words "supplemented in accordance with paragraph (2A)" were
omitted from the regulation.

(9) Service the transferred officer renders under the Institute after transfer is public service for the purpose of
regulation 10(1) or 12 under the Pensions Regulations (Cap 89 sub. leg. A).

(10) A pension, annual allowance or gratuity which has been granted under this section may be cancelled,
suspended, reduced or may cease, as the case may be, under section 11, 13, 15 or 15A of the Pensions Ordinance (Cap
89).

(11) A pension, annual allowance or gratuity granted under this section is not assignable or transferrable except
under section 12 of the Pensions Ordinance (Cap 89).

(12) The amount of pension, gratuity or pension benefits payable under this section are computed by reference to
the salary payable at the date when the payment of the pension, annual allowance, gratuity or pension benefits falls
due for-

(a) the salary point reached by the officer in his substantive rank in the Government service at the date
immediately before his transfer to service under the Institute;

(b) if the officer is transferred to service under the Institute within a period of absence from duty on leave
with salary immediately before the final termination of his service under the Government, the salary
point reached by the officer in his substantive rank in the Government service at the date immediately
before the expiration of the period of absence; or

(c) if the salary point mentioned in paragraph (a) or (b) is replaced on a revision of salary structure, the
equivalent salary point in force when the payment falls due.

(Enacted 1995)

Section: 7 Rights under Pension Benefits Ordinance (Cap 99) frozen 30/06/1997


(1) This section applies to a transferred officer to whom the Pension Benefits Ordinance (Cap 99) applied
immediately before his transfer and who has opted under section 4 to have this section applied to him.

(2) The transferred officer shall be granted on his retirement from service under the Institute in circumstances



Cap 477 - PENSIONS (SPECIAL PROVISIONS) (THE HONG KONG INSTITUTE OF EDUCATION) ORDINANCE 4

permitted by the Institute for his service under the Government a pension under regulation 9(1) of the Pension
Benefits Regulations (Cap 99 sub. leg. A) if his aggregate service would have qualified him for the pension as if it had
been wholly under the Government.

(3) If the transferred officer's aggregate service does not qualify him for a pension under subsection (2), he
shall on his retirement from service under the Institute in circumstances permitted by the Institute, be granted for his
service under the Government a short service gratuity under section 32 of the Pension Benefits Ordinance (Cap 99)
computed under regulation 11 of the Pension Benefits Regulations (Cap 99 sub. leg. A) as though "pension" where it
occurs the second time in that regulation referred to a pension granted under subsection (2).

(4) A transferred officer who resigns from service under the Institute, with the approval of the Institute and the
Secretary for the Civil Service after completing an aggregate service of not less that 10 years, shall be granted for his
service under the Government a pension as though section 11(1)(j) of the Pension Benefits Ordinance (Cap 99)
applied to him and payment of the pension is deferred under section 7(a) of that Ordinance.

(5) A death gratuity shall be paid for his service under the Government-
(a) under section 20(2) of the Pension Benefits Ordinance (Cap 99), which shall not in any case be

supplemented under section 20(6) of that Ordinance, if he dies while in service under the Institute after
completing not less than 2 years' aggregate service;

(b) under section 20(5)(a) of the Pension Benefits Ordinance (Cap 99) if he has been granted a deferred
pension under subsection (4) and dies before the deferred pension is paid to him; or

(c) under section 20(4) of the Pension Benefits Ordinance (Cap 99) if he dies after retirement from service
under the Institute having been granted, or becoming eligible for, a pension under this section.

(6) Service the transferred officer renders under the Institute after transfer is public service for the purpose of
regulation 9(1) of the Pension Benefits Regulations (Cap 99 sub. leg. A) or section 32 of the Pension Benefits
Ordinance (Cap 99) as the case requires.

(7) A pension granted under this section may be cancelled, suspended, reduced or may cease under section 26,
28, 29 or 29A of the Pension Benefits Ordinance (Cap 99).

(8) Pension benefits granted under this section are not assignable or transferable except under section 31 of the
Pension Benefits Ordinance (Cap 99).

(9) The amount of pension or pension benefits payable under this section are computed by reference to the
salary payable at the date when the payment of the pension or pension benefits falls due for-

(a) the salary point reached by the officer in his substantive rank in the Government service at the date
immediately before his transfer to service under the Institute;

(b) if the officer is transferred to service under the Institute within a period of absence from duty on leave
with salary immediately before the final termination of his service under the Government, the salary
point reached by the officer in his substantive rank in the Government service at the date immediately
before the expiration of the period of absence; or

(c) if the salary point mentioned in paragraph (a) or (b) is replaced on a revision of salary structure, the
equivalent salary point in force when the payment falls due.

(10) Where a deferred pension is payable under subsection (4) or a death gratuity is payable under subsection
(5)(b), the amount of the deferred pension or death gratuity is computed by reference to the highest pensionable
emoluments enjoyed or drawn by the officer in his substantive rank in the Government service which would have been
taken for the purpose of computing his pension if he had retired and been granted a pension-

(a) at the date of his transfer; or
(b) if the officer is transferred to service under the Institute within a period of absence from duty on leave

with salary immediately before the final termination of his service under the Government, at the date
of expiration of the period of absence.


Section: 8 (Omitted as spent) 30/06/1997


(Enacted 1995)

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