Cap. 254 sub. leg. I

Auxiliary Forces Pay and Allowances (Pensions) Regulation(Cap. 254, section 16)(Enacting provision omitted—E.R. 2 of 2021) [9 May 1997] L.N. 226 of 1997(Format changes—E.R. 2 of 2021) 1. (Omitted as spent—E.R. 2 of 2021) 2. Interpretation In this Regulation, unless the context otherwise requires—annual pay (年薪) means 12 times the monthly rate of pay determined under section 8(2) of the Ordinance;death gratuity (死亡恩恤金) means a death gratuity payable under section 5;dependant pension (受養人撫恤金) means a pension granted under section 6 to a dependant of a deceased member;injury pension (受傷撫恤金) means a pension granted under section 3;termination of service (終止服務), in relation to a member, means termination of his membership in the auxiliary forces of which he is a member. 3. Injury pension (1) Where a member is permanently injured—(a) in the actual discharge of his duty;(b) without his own serious and wilful misconduct; and(c) on account of circumstances specifically attributable to the nature of his duty,and termination of his service is thereby necessitated or materially accelerated, he shall be granted by the Chief Executive an injury pension at the annual rate of the proportion of his annual pay at the date of his injury which is in direct proportion to the percentage of permanent impairment to his capacity to contribute to his own support as a result of his injury. (71 of 1999 s. 3)(2) The percentage of permanent impairment referred to in subsection (1) shall be assessed by a medical board appointed by the Secretary for Security.(3) If there is any subsequent variation in the degree of impairment, the rate at which the injury pension has been granted may be reassessed by the medical board.(4) Where the Secretary for Security has decided the composition of the medical board, he shall as soon as may be cause to be published in the Gazette a notice giving particulars including the names, addresses and occupations of the members of the medical board.(5) A member who is permanently injured while travelling by any means in pursuance of official instructions or in the course of his duties shall be deemed for the purposes of subsection (1) to have been so injured in the circumstances described in paragraphs (a) and (c) of that subsection.(6) Subject to the approval of the Secretary for Security, an injury pension granted under subsection (1) shall be payable as soon as possible after the termination of service of the member and shall be paid in monthly instalments or less frequently if so requested by the member.(7) Notwithstanding subsection (6), where a member is granted a pension under the Pensions Ordinance (Cap. 89), the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap. 401), an injury pension granted under subsection (1) shall be payable when the pension is paid to him. 4. Maximum pension (1) Where a member is granted any pension under the Pensions Ordinance (Cap. 89), section 9(4) of that Ordinance applies to an injury pension granted to that member under section 3(1) as if the injury pension were an additional pension granted to that member under regulation 31 of the Pensions Regulations (Cap. 89 sub. leg. A) in respect of injury but the words “for the first time” in that section 9(4) shall be construed as “in addition to any other pension or pensions for the first time”.(2) Where a member is granted any pension under the Pension Benefits Ordinance (Cap. 99), section 21(2) of that Ordinance applies to an injury pension granted to that member under section 3(1) as if the injury pension were an additional pension granted to that member under section 15(1) of that Ordinance or an additional pension granted to him under regulation 31 of the Pensions Regulations (Cap. 89 sub. leg. A) in respect of injury but the words “for the first time” in that section 21(2) shall be construed as “in addition to any other pension or pensions for the first time”.(3) Where a member is granted any pension under the Pension Benefits (Judicial Officers) Ordinance (Cap. 401), section 22(2) of that Ordinance applies to an injury pension granted to that member under section 3(1) as if the injury pension were an additional pension granted to that member under section 15(1) of that Ordinance or of the Pension Benefits Ordinance (Cap. 99) or an additional pension granted to him under regulation 31 of the Pensions Regulations (Cap. 89 sub. leg. A) in respect of injury but the words “for the first time” in that section 22(2) shall be construed as “in addition to any other pension or pensions for the first time”.(E.R. 2 of 2021) 5. Death gratuity (1) Where a member dies as a result of any injury received—(a) in the actual discharge of his duty;(b) without his own serious and wilful misconduct; and(c) on account of circumstances specifically attributable to the nature of his duty,there shall be paid a death gratuity of an amount calculated in accordance with subsection (2).(2) A death gratuity payable under subsection (1) in respect of the death of a member shall be an amount equal to his annual pay at the date of his death.(3) A death gratuity shall be paid as soon as possible after the death of the member to—(a) where he has nominated his spouse under subsection (5) to be the recipient of the death gratuity, his spouse;(b) where there is no such nomination, his legal personal representative, and shall form part of the estate of the member for the purposes of distribution but no estate duty shall be payable in respect of the death gratuity and its addition to the principal value of the estate shall not be taken in consideration for the purpose of increasing the rate at which estate duty on the remainder of the estate may be payable; or(c) where the death gratuity does not exceed such amount as may be determined by the Chief Executive, a person named by the Chief Executive to be the recipient. (71 of 1999 s. 3)(4) A member who dies as a result of any injury received while travelling by any means in pursuance of official instructions or in the course of his duties shall be deemed for the purposes of subsection (1) to have died in circumstances described in paragraphs (a) and (c) of that subsection.(5) A member may by notice in writing to the Secretary for Security nominate his spouse to be the recipient of the death gratuity payable under this section in respect of his death.(6) A member who makes a nomination under subsection (5) may at any time revoke the nomination by notice in writing to the Secretary for Security. 6. Dependant pension (1) Subject to subsection (3), where a member dies as a result of any injury received—(a) in the actual discharge of his duty;(b) without his own serious and wilful misconduct; and(c) on account of circumstances specifically attributable to the nature of his duty,there shall be granted by the Chief Executive, in addition to a death gratuity (if any)— (71 of 1999 s. 3)(i) if the deceased member leaves a spouse, a dependant pension to the spouse at the rate of one-sixth of his annual pay at the date of the injury or $12,000 a year, whichever is the greater; but the Chief Executive may in his absolute discretion grant a dependant pension under this paragraph at a rate not exceeding one-fourth of the member’s annual pay; (71 of 1999 s. 3)(ii) if the deceased member leaves a spouse to whom a dependant pension is granted under paragraph (i) and one or more children, a dependant pension to each child of an amount of one-eighth of the dependant pension granted in accordance with that paragraph;(iii) if the deceased member leaves one or more children, but does not leave a spouse or leaves a spouse to whom for whatever reason no dependant pension is granted, a dependant pension to each child of double the amount determined, as if paragraph (ii) had been applicable, under that paragraph; but the dependant pension granted to a child or children under this paragraph shall not be less than $6,000 in total a year where no other dependant pension is granted under this section;(iv) if the deceased member leaves one or more children and a spouse to whom a dependant pension is granted, and the spouse subsequently dies or ceases for any reason to receive the dependant pension, a dependant pension to each child, as from the date of the death of the spouse or the date on which a dependant pension to the spouse ceases, of double the amount determined, as if paragraph (ii) had been applicable, under that paragraph; but the dependant pension granted to a child or children under this paragraph shall not be less than $6,000 in total a year where no other dependant pension is granted under this section;(v) if the deceased member does not leave a spouse, or leaves a spouse to whom for whatever reason no dependant pension is granted and—(A) if the mother or father of the deceased member was wholly or mainly dependant on the deceased member financially, a dependant pension to the mother or father, while she or he is without adequate means of support, of an amount not exceeding the dependant pension which could have been granted to the spouse under paragraph (i); but(B) if both the mother and father of the deceased member are granted a dependant pension under subparagraph (A), the dependant pension to each of them shall not exceed half of the dependant pension which could have been granted to the spouse under paragraph (i).(2) Subject to the approval of the Secretary for Security, a dependant pension shall be payable as soon as possible after the death of the member and shall be paid in monthly instalments or less frequently if so requested by the recipient.(3) A dependant pension—(a) shall not be payable under subsection (1) at any time in respect of more than 6 children, whether or not such children are the first 6 children of the deceased member;(b) when granted under subsection (1) ceases—(i) in the case of a child, at the appropriate time provided in subsection (4);(ii) in the case of the deceased member’s mother or father, as from such date as the Chief Executive may determine if it appears to him at any time that the mother or father, as the case may be, is adequately provided with other means of support. (71 of 1999 s. 3)(4) Subject to subsection (5), a pension granted under this section to a child of a deceased member shall cease—(a) at the age of 18 years unless at the time he attains that age he is receiving continuous full-time education; or(b) at the time at which he has since attaining the age of 18 years ceased to receive continuous full-time education: Provided that a pension that has ceased under this paragraph may be paid again during the period when such full-time education is resumed; or (c) at the age of 23 years,whichever first occurs.(5) Notwithstanding subsection (4), where a child to whom a dependant pension is granted under subsection (1) is accepted by the Secretary for Security as mentally or physically disabled to such extent that he cannot reasonably be expected to be financially independent, the dependant pension shall continue to be payable as long as he remains so disabled.(6) For the purposes of subsection (4)—(a) full-time education (全日制敎育) means full-time education at any university, college, school or other educational establishment recognized as such by the Permanent Secretary for Education; and (3 of 2003 s. 41; L.N. 130 of 2007)(b) a child on normal university, college, school or other educational establishment holidays or awaiting for a normal period for admission to a university, college, school or other educational establishment is receiving full-time education.(7) A member who dies as a result of any injury received while travelling by any means in pursuance of official instructions or in the course of his duties shall be deemed for the purposes of subsection (1) to have died in circumstances described in paragraphs (a) and (c) of that subsection.(8) The Legislative Council may, by resolution, vary in respect of members dying after a date that may be specified in the resolution, the sum of $12,000 specified in subsection (1)(i) and the sum of $6,000 specified in subsection (1)(iii) and (iv); but the resolution shall not provide for a decrease in the minimum dependant pension in relation to members dying before the date of the resolution.(9) The recipient of a dependant pension may within 3 months after the commencement of the payment of the dependant pension, or such longer period as the Secretary for Security may approve, apply in writing to the Secretary for Security to commute the dependant pension payable into a lump sum.(10) The lump sum referred to in subsection (9) shall be computed in accordance with an actuarial table prepared from time to time by an actuary appointed by the Chief Executive. (71 of 1999 s. 3)(11) Where an application is made under subsection (9), any amount paid in respect of the dependant pension before the commutation shall be deducted from the lump sum.(12) The lump sum referred to in subsection (9) may for the purposes of payment be divided into such number of parts as the Secretary for Security thinks fit. 7. Medical attention A member whose service is terminated in the circumstances described in section 3 is after the termination entitled to free medical treatment by the Government medical services and the Hospital Authority, and, if admitted to a hospital under the management and control of the Hospital Authority, free maintenance in the hospital and during the period of the treatment in respect of the injury in relation to which his service is so terminated or of any condition arising from the injury. 8. Exclusion from application This Regulation does not apply—(a) in the case of a member who, in consequence of any injury, is entitled to and has received compensation under the Employees’ Compensation Ordinance (Cap. 282), the Pneumoconiosis and Mesothelioma (Compensation) Ordinance (Cap. 360) or the Occupational Deafness (Compensation) Ordinance (Cap. 469); or(b) in the case of the death of any member, if his member of the family as defined in section 3 of the Employees’ Compensation Ordinance (Cap. 282) or section 2 of the Pneumoconiosis and Mesothelioma (Compensation) Ordinance (Cap. 360), are entitled to and have received compensation in respect of the death under the Employees’ Compensation Ordinance (Cap. 282) or the Pneumoconiosis and Mesothelioma (Compensation) Ordinance (Cap. 360). (52 of 2000 s. 33)(6 of 2008 s. 44) 9. Transitional Nothing in the Employees’ Compensation (Amendment) (No. 2) Ordinance 2000 (52 of 2000) (the amending Ordinance) shall apply to claims for compensation in respect of accidents occurring before the commencement* of the amending Ordinance, and the provisions in force immediately before the commencement of the amending Ordinance shall continue to apply to such claims as if they had not been amended by the amending Ordinance.(52 of 2000 s. 34)Editorial Note:* Commencement date: 1 August 2000.