Cap. 477

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 Education University of Hong Kong, formerly known as “The Hong Kong Institute of Education”. (Amended 6 of 2016 s. 2; E.R. 6 of 2021)[1 July 1995] L.N. 306 of 1995(Format changes—E.R. 6 of 2021) (Enacting provision omitted—E.R. 6 of 2021) 1. Short title (Amended E.R. 6 of 2021)(1) This Ordinance may be cited as the Pensions (Special Provisions) (The Education University of Hong Kong) Ordinance. (Amended 6 of 2016 s. 2)(2) (Omitted as spent—E.R. 6 of 2021) 2. Interpretation 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 University; (Amended 6 of 2016 s. 2)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;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 University (大學服務) means service of a transferred officer in the employment of the University on terms and conditions of the University, 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 University; (Added 6 of 2016 s. 2)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); (Amended 6 of 2016 s. 2) University (大學) means the body corporate— (a) known as “The Hong Kong Institute of Education” immediately before the commencement date* of section 7 of The Hong Kong Institute of Education (Amendment) Ordinance 2016 (6 of 2016); and (b) known as “The Education University of Hong Kong” on or after that date by the operation of section 3(1) of The Education University of Hong Kong Ordinance (Cap. 444). (Added 6 of 2016 s. 2. Amended E.R. 6 of 2021) (Amended 6 of 2016 s. 2) Editorial Note: * Commencement date: 27 May 2016. 3. Application (1) This Ordinance applies to an officer—(a) transferring from service under the Government to service under the University;(b) who is, immediately before the transfer, an officer to whom a relevant Pensions Ordinance applied; and(c) whose transfer to service under the University the Secretary for the Civil Service specifies for the purposes of this section by notice published in the Gazette. (Amended 6 of 2016 s. 2)(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. 4. Options (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 University 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 University 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.(Amended 6 of 2016 s. 2) 5. Application of Pensions Ordinance (Cap. 89) and Pension Benefits Ordinance (Cap. 99) extended (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 University.(2) If immediately before the transfer the officer was rendering service which could be taken into account for computing an annual allowance or 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 University.(4) Service the transferred officer renders under the University 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 University 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 University to determine the length of pensionable service or service to be taken into account for computing an annual allowance or gratuity.(Amended 6 of 2016 s. 2) 6. Rights under Pensions Ordinance (Cap. 89) frozen (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 University in circumstances permitted by the University 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. (Amended 6 of 2016 s. 2)(3) A pension granted to the officer is computed under regulation 10(1) of the Pensions Regulations (Cap. 89 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 University in circumstances permitted by the University, be granted for his service under the Government— (Amended 6 of 2016 s. 2)(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 University after completing not less than 2 years’ aggregate service, there shall be paid for his service under the Government— (Amended 6 of 2016 s. 2)(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 University— (Amended 6 of 2016 s. 2)(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 University after transfer is public service for the purpose of regulation 10(1) or 12 under the Pensions Regulations (Cap. 89 sub. leg. A). (Amended 6 of 2016 s. 2)(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 University;(b) if the officer is transferred to service under the University 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. (Amended 6 of 2016 s. 2)(Amended E.R. 6 of 2021) 7. Rights under Pension Benefits Ordinance (Cap. 99) frozen (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 University in circumstances permitted by the University 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. (Amended E.R. 6 of 2021)(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 University in circumstances permitted by the University, 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). (Amended E.R. 6 of 2021)(4) A transferred officer who resigns from service under the University, with the approval of the University and the Secretary for the Civil Service after completing an aggregate service of not less than 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 University 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 University having been granted, or becoming eligible for, a pension under this section.(6) Service the transferred officer renders under the University 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. (Amended E.R. 6 of 2021)(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 University;(b) if the officer is transferred to service under the University 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 University 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.(Amended 6 of 2016 s. 2) 8. (Omitted as spent—E.R. 6 of 2021)