WIDOWS AND ORPHANS PENSION (APPLICATION) REGULATIONS

WIDOWS AND ORPHANS PENSION (APPLICATION) REGULATIONS

WIDOWS AND ORPHANS PENSION (APPLICATION)
REGULATIONS

(Cap. 94, section 3)

[28 November 1952.1

1. These regulations may be cited as the Widows and Orphans
Pension (Application) Regulations.

2. In these regulations, unless the context otherwise requires

'agreement officer' means an officer who was or is in the public service
by virtue of such an agreement as is mentioned in regulation 3(e);

'established office', in relation to an officer, has

(a)in case the Pensions Ordinance applies to the officer, the
meaning assigned to it by section 2 of that Ordinance;

(b)in case the Pension Benefits Ordinance so applies, the meaning
assigned to it by section 2 of that Ordinance;

'holder of an established office' means a person who is serving in an
established office having been confirmed to the permanent
establishment therein;

'material date' means the date when these regulations come into
operation;

'salary' does not include expatriation pay or cost of living or other
allowance.

3. As from the material date the term 'officer' in the Ordinance shall
apply, subject to regulation 4, to the following

(a)the Governor if he was a contributor under the Ordinance
immediately before his appointment as Governor;

(b)the Governor's private secretaries and aides-de-camp if they
were contributors under the Ordinance immediately before they
held these positions or if they are also the holders of
established offices entitling them to contribute;

(e) every male holder of an established office;

(d)every male person serving on probation in an established
office; and

(e)every male person serving on agreement in any office in the
public service under the Government for a period of 21
years or more:





Provided that

(i)the said term shall not apply to any person specified in
paragraph (c), (d) or (e) who is in receipt of a salary of less
than $4,440 per annum, or if at the time of his appointment to
such office he has attained the age of 49 years;

(ii)this regulation shall not apply to any person in any of the
following posts, that is to say, police constable, constable
Hawker Control Force, fireman, assistant officer Class 11,
detective district watchman, district watchman, ambulanceman
and assistant revenue officer;

(iii)this regulation shall not apply to any police officer who was in
the public service at the material date and whose salary did not
suffer abatement under the Ordinance unless and until such
officer is promoted, or elects to become a contributor as from
the material date by written notice to that effect given to the
Director of Accounting Services within 1 month from the
material date; and

(iv)an agreement officer who is at the material date in the public
service or shall thereafter join it shall be bound by this
regulation only if he fails to give written notice to the Director
of Accounting Services that he does not desire this regulation
apply to him. Such notice shall be given within 3 months

(x) from the material date; or
(y) from the date of assumption of duty; or

(z)in the case of an offer of employment as an
agreement officer where such employment is to
begin from a date which has already passed, from
the date of acceptance of such offer,

whichever is the latest.

4. (1) Notwithstanding paragraph (iv) of the proviso to regulation 3,
the term 'officer' in the Ordinance shall not apply to an agreement
officer who joins the public service after the commencement of the
Widows and Orphans Pension (Application) (Amendment) Regulations
1976 unless, in accordance with this regulation, he gives written notice
(which shall be irrevocable) to the Director of Accounting Services that
he desires the term 'officer' to apply to him.

(2) Notice under paragraph (1) shall be given within 3 months, or
such greater period as the directors may in any particular case allow,

(a) from the date of assumption of duty; or

(b)in the case of an offer of employment as an agreement officer
where such employment is to begin from a date which has
already passed, from the date' of acceptance of such offer,

whichever is the later.





(3) An officer who has given notice under paragraph (1) shall
be required to contribute under the Ordinance-

(a) from the date of assumption of duty; or

(b)in the case of an offer of employrnent as an agreement
officer where such employment is to begin from a date
which has already passed, from the date of acceptance of
such offer,

whichever is the later.
G.N.A. 192/52. G.N.A. 73/55. G.N.A. 92/57. 17 of 1963. L.N. 191/70. L.N. 6/72. L.N. 87/73. L.N. 232/76. L.N. 16/77. 36 of 1987. Citation. Interpretation. 36 of 1987, s. 50. (Cap. 89.) (Cap. 99.) 36 of 1987, s. 50. Categories of persons to whom the term 'officer' applies. L.N. 232/76. 36 of 1987, s. 50. L.N. 87/73. 17 of 1963, s. 7(a). 17 of 1963, s. 7(b). L.N. 191/70. L.N. 6/72. L.N. 87/73. L.N. 16/77. L.N. 16/77. G.N.A. 92/57. L.N. 87/73. Agreement officers. L.N. 232/76. (L.N. 232/76.) L.N. 16/77.

G.N.A. 192/52. G.N.A. 73/55. G.N.A. 92/57. 17 of 1963. L.N. 191/70. L.N. 6/72. L.N. 87/73. L.N. 232/76. L.N. 16/77. 36 of 1987. Citation. Interpretation. 36 of 1987, s. 50. (Cap. 89.) (Cap. 99.) 36 of 1987, s. 50. Categories of persons to whom the term 'officer' applies. L.N. 232/76. 36 of 1987, s. 50. L.N. 87/73. 17 of 1963, s. 7(a). 17 of 1963, s. 7(b). L.N. 191/70. L.N. 6/72. L.N. 87/73. L.N. 16/77. L.N. 16/77. G.N.A. 92/57. L.N. 87/73. Agreement officers. L.N. 232/76. (L.N. 232/76.) L.N. 16/77.

https://oelawhk.lib.hku.hk/items/show/2422

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