PENSIONS (SPECIAL PROVISIONS) (CUSTOMS OFFICERS) ORDINANCE

PENSIONS (SPECIAL PROVISIONS) (CUSTOMS OFFICERS) ORDINANCE

LAWS OF HONG KONG

PENSIONS (SPECIAL PROVISIONS)
(CUSTOMS OFFICERS) ORDINANCE

CHAPTER 35





CHAPTER 35

PENSIONS (SPECIAL PROVISIONS)
(CUSTOMS OFFICERS)

To make special provision in relation to contributions paid by certain
officers in the Customs and Excise Service in respect of pensions
for their dependants under the Widows and Orphans Pension
Ordinance and the Widows'and Children's Pensions Ordinance
and for matters connected therewith.

[15 March 1985.]

1. This Ordinance may be cited as the Pensions (Special
Provisions) (Customs Officers) Ordinance.

2. In this Ordinance, unless the context otherwise requires
'eligible officer' means a public officer or former public officer who

(a) was either-

(i) transferred from the rank of Revenue Officer to the rank
of Preventive Officer on 1 July 1977; or

(ii) on or after that date, but before 1 January 1978,
appointed to the rank of Preventive Officer or Customs
Officer; and

(b)on or after 1 July 1977 contributed under the Widows and
Orphans Pension Ordinance whether or not he was an officer
whose contributions ceased by reason of his electing to
contribute under the Widows' and Children's Pensions
Ordinance from 1 January 1978;

'former public officer' means a person who has ceased to be a public
officer by virtue of his retirement from the public service under the
Government of Hong Kong.

3. Any eligible officer may, by notice in writing to the Director of
Accounting Services within 3 months after the date of commencement of
this Ordinance or such greater period as the Director of Accounting
Services may allow, avail himself of the provisions of this Ordinance
and, upon so doing

(a)any contribution paid by him under the Widows and Orphans
Pension Ordinance or the Widows' and Children's Pensions
Ordinance in respect of any service by him in the rank of
Preventive Officer or Customs Officer on or after 1 July 1977
shall be refunded to him and any such contribution shall be
deemed for the purposes of those Ordinances never to have
been paid;





(b)his widow or children, as the case may be, shall. for the
purposes of the Widows and Orphans Pension Ordinance,
be entitled on his death only to a pension computed on the
basis of the potential benefit acquired by such officer-
(i) on 30 June 1977, if that officer was transferred from
the rank of Revenue Officer to the rank of Preventive
Officer on 1 July 1977;
(ii) immediately prior to his transfer to the rank of
Preventive Officer or Customs Officer if the officer was
transferred to that rank on or after 1 July 1977 and before
1 January 1978;

(c)any election made by the officer while holding the rank of
Customs Officer to contribute under the Widows' and
Children's Pensions Ordinance with effect from 1 January
1978, shall, with respect to the period for which he held
that rank, be deemed never to have been made and his
service in that rank shall not be contributory service within
the meaning of that Ordinance.

4. (1) For the removal of doubt it is declared that a public
officer who, at the time when he should have become a contributor
under the Widows and Orphans Pension Ordinance in respect of
service as a Preventive Officer or a Customs Officer on or after 1 July
1977 and before 1 January 1978, did not become a contributor, may
not subsequently become a contributor and his widow or children
shall not acquire any entitlement to a pension under that Ordinance
in respect of any contributions which should have been but were not
paid by him as a contributor during that period.

(2) Section 28(3) of the Widows' and Children's Pensions
Ordinance shall apply, and be deemed always to have applied, to a
Customs Officer who between the dates referred to in subsection (1)
did not become a contributor under that Ordinance as it does to a
Preventive Officer.
Originally 10 of 1985. Short title. Interpretation. (Cap. 94.) (Cap. 79.) Grant of right to refund of contributions and effect thereof. (Cap. 94.) (Cap. 79.) Non-contributing officers. (Cap. 94.) (Cap. 79.)

Originally 10 of 1985. Short title. Interpretation. (Cap. 94.) (Cap. 79.) Grant of right to refund of contributions and effect thereof. (Cap. 94.) (Cap. 79.) Non-contributing officers. (Cap. 94.) (Cap. 79.)

https://oelawhk.lib.hku.hk/items/show/2279

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