WIDOWS AND ORPHANS PENSION ORDINANCE - minor amendment
Title
WIDOWS AND ORPHANS PENSION ORDINANCE - minor amendment
Description
CHAPTER 94
WIDOWS AND ORPHANS PENSION
1. The Widows and Orphans Pension Ordinance is amended-
(1) in section 2A-
(a)by repealing 'Save' from subsection (1) and substituting
'Subject to subsection (4) and save';
(b) by adding after subsection (4)-
(5) In the case of an officer who has elected and
who has subsequently opted under subsections (1)
and (3) of section 8 of the Pension Benefits
Ordinance, salary, in respect of his service from the
material date which is determined for the purposes of
regulation 16(5) of the Pension Benefits Regulations,
means the aggregate of-
(a)the salary of the officer's substantive
appointment or appointments; and
(b)expatriation pay and personal allowances in
place of expatriation pay, if any. (Added
36 of 1987 s. 39)
(6) In the case of an officer whose application
under section 9(2) and (7) of the Pension Benefits
(Judicial Officers) Ordinance (Cap. 401) is approved,
salary, in respect of his service from the material date
which is determined for the purposes of regulation
16(5) of the Pension Benefits (Judicial Officers)
Regulations (Cap. 401, sub. leg.), means the aggregate
of the salary of the officer's substantive appointment
or appointments and personal allowances. (Added
85 of 1988 s. 46)
(2)in section 4(3) by repealing 'Governor in CounciF' and
substituting 'Chief Secretary';
(3)in section 7(2) by repealing 'the Colony' and substituting
'Hong Kong';
(4)in section 8(2) by repealing 'the Colony' and substituting
'Hong Kong';
(5)in section 17(1)(a) by repealing 'one hundred dollars' and
substituting '$400';
(6) by repealing section 18(2);
(7) by repealing section 22 and substituting-
22. (1) The pension payable to the widow of a
contributor shall cease on her death or remarriage.
(2) If on the cessation under subsection (1) of such
pension there are no pensionable children of the marriage
of the widow with the contributor, such widow shall, for
the purposes of this section, be considered as dead and the
pension payable to her shall lapse.
(3) If on the cessation under subsection (1) of such
pension there are pensionable children of such marriage
such pension shall be continued and paid as provided in
section 21 to such children as if they have no living mother
or stepmother entitled to a pension.
(4) A widow of a contributor-
(a)may, if her husband dies in her lifetime, be paid
the pension which was payable to her before her
remarriage-
(i) where such pension lapsed under sub-
section (2), as from the day next following the
date of the death of her husband; or
(ii) where such pension became payable to the
children of her marriage with the contributor
under subsection (3), as from the date when the
last of such children ceases to be pensionable; or
(b)may, if she becomes entitled to a pension by
virtue of her marriage with her husband, be paid
such pension until the last of such children ceases
to be pensionable, and may then be paid either
such pension or the pension which was payable
to her before her remarriage whichever is the
greater (each pension being, for the purposes of
this paragraph, calculated with the addition of
any temporary increase attaching thereto).
(5) Where under subsection (4)(b) a widow has
become entitled to the pension which was payable to her
before her remarriage, on such pension ceasing to be
payable to her under subsection (1), the pensionable
children of her marriage with her husband shall be entitled
to the pension that would have been payable to her by
virtue of her marriage with her husband.
(6) For the purposes of this section-
'husband' means the husband of a widow of a contributor
by any remarriage;
'pensionable' means eligible for pension.
(Replaced 51 of 1971 s. 2)
(8) by repealing section 34;
(9) by adding after section 34-
35. Any officer making contributions under this
Ordinance who-
(a)was not in service under the Government at the
commencement of the Widows' and Children's
Pensions Ordinance but was appointed to such
service thereafter; or
(b)was at the commencement of that Ordinance in
service under the Government on agreement
as defined in section 2 of that Ordinance
(irrespective of whether such service subsequently
becomes pensionable service by refund or
surrender of gratuity); or
(c) (i) was at the commencement of that
Ordinance in service under the Government
on non-pensionable terms otherwise than on
agreement as defined in section 2 of that
Ordinance;
(ii) failed to make an election under section
3(1)(a)(i) of that Ordinance within the time it had
to be made; and
(iii) after commencement of that Ordinance is
appointed to service under the Government on
pensionable terms,
shall cease or be deemed, except for the purposes of
paragraph (i) of the proviso to section 13(1)(a) of that
Ordinance, to have ceased, to make contributions under
this Ordinance from the date of the commencement of the
period in respect of which he makes contributions under
that Ordinance, and a pension to his wife or children (if
any) shall be computed on the basis of the potential benefit
acquired by such contributor at the date of his ceasing to
contribute, or, he shall receive back such contributions as
would have been due to him had he elected to discontinue
being a contributor and had left the public service on the
date of his ceasing to contribute.
(Added 75 of 1977s. 27. Amended 59 of 1978 s.2)
36. No person who is. not a contributor before the
commencement of the Widows' and Children's Pensions
Ordinance shall be required or be permitted to become a
contributor under this Ordinance on the day of or after
such commencement.
(Added 75 of 1977 s. 27)
(10) in Part II of the Schedule by adding after Note 4-
Note 5---Notwithstanding Note 2, 3 or 4, where the amount of the part
of a pension, if any, (including all variations consequent upon
the rise or fall in the amount of any contribution or upon
re-marriage) purchased by contributions falling due on or
before 30 November 1967, when calculated on and in
accordance with the Tables and Instructions set forth in this
Schedule, is less than the amount of any such part calculated
on and in accordance with the pension tables and rules for
calculating pensions in force on 30 June 1959, the difference
between the two amounts shall be added to the registered
pension, if any, as at 30 November 1967, calculated on and in
accordance with the Tables and Instructions set forth in this
Schedule. (Added 7 of 1971 s. 2)
Note 6 Notwithstanding Note 2, 3 or 4, where a pension calculated on
and in accordance with the pension tables and rules for
calculating pensions in force on 30 June 1959 and payable
before 1 December 1967 is greater than it would be if it were
calculated on and in accordance with the Tables and
Instructions set forth in this Schedule, that pension shall
continue to be calculated on and in accordance with the
pension tables and rules for calculating pensions in force on 30
Junel959.(Added 7 of 1971 s.2)
2. The Widows and Orphans Pension (Application) Regulations
are amended in regulation 2 in the definition of 'established office'
by repealing paragraph (b) and substituting-
(b)in case the Pension Benefits Ordinance (Cap. 99) or the
Pension Benefits (Judicial Officers) Ordinance (Cap. 401)
applies, the meaning assigned to it by section 2 of the
Pension Benefits Ordinance;(85 of 1988 s. 47)
36 of 1987 s. 39 (Cap. 99) (Cap. 99, sub. Leg) 72 of 1973 s. 2. 36 of 1987 s. 39 36 of 1987 s. 39 36 of 1987 s. 39 51 of 1971 s. 2 Pension to widow, etc. 36 of 1987 s. 39 75 of 1977 s. 27 Certain contributors under Widows' and Children's Pensions Scheme to withdraw from this Scheme (Cap. 79) No new contributors after commencement of Widows' and Children's Pensions Scheme (Cap. 79) 7 of 1971 s. 2. [s.e.f.1.7.59] [s.e.f.1.7.59]
Abstract
36 of 1987 s. 39 (Cap. 99) (Cap. 99, sub. Leg) 72 of 1973 s. 2. 36 of 1987 s. 39 36 of 1987 s. 39 36 of 1987 s. 39 51 of 1971 s. 2 Pension to widow, etc. 36 of 1987 s. 39 75 of 1977 s. 27 Certain contributors under Widows' and Children's Pensions Scheme to withdraw from this Scheme (Cap. 79) No new contributors after commencement of Widows' and Children's Pensions Scheme (Cap. 79) 7 of 1971 s. 2. [s.e.f.1.7.59] [s.e.f.1.7.59]
Identifier
https://oelawhk.lib.hku.hk/items/show/3675
Edition
1964
Volume
v31
Subsequent Cap No.
94
Number of Pages
4
Files
Collection
Historical Laws of Hong Kong Online
Citation
“WIDOWS AND ORPHANS PENSION ORDINANCE - minor amendment,” Historical Laws of Hong Kong Online, accessed June 26, 2025, https://oelawhk.lib.hku.hk/items/show/3675.