Cap. 79 《尚存配偶及子女撫恤金條例》Surviving Spouses’ and Children’s Pensions Ordinance

For the purpose of this subsection, in determining pensionable emoluments of a deceased—

A child of an existing contributor or a contributor who elects under section 3A(1) to cease to make contributions (whether or not he subsequently elects under section 3A(3) or (4) that this Ordinance shall apply to him) shall be deemed for the purposes of this Ordinance to be within the period of dependency if—

A child of a new contributor shall be deemed for the purposes of this Ordinance to be within the period of dependency if—

A child of a contributor shall be deemed for the purposes of this Ordinance to be within the period of dependency if he is accepted by the Directors as mentally or physically disabled to such extent that he cannot reasonably be expected to be financially independent and he remains thereafter to be so disabled. (Added 3 of 1993 s. 4. Amended 98 of 1994 s. 2)

A child of a contributor who is accepted by the Directors as mentally or physically disabled shall be deemed to remain as the child of the contributor for the purposes of this Ordinance after he is adopted by another person so long as the adoption takes place after the death of the contributor. (Added 98 of 1994 s. 2)

As respects any circumstances in which the conditions specified in paragraph (a)(i)(B), (a)(ii)(B) or (aa)(ii) are not satisfied, the Directors may, if they think fit and are satisfied that full-time education ought not to be regarded as completed, direct either—

cohabits with a contributor or a former contributor as the spouse of him; and

is financially dependent on such contributor,

every public officer in service as a public officer under the Government at the commencement of this Ordinance who—

every person appointed or re-appointed to service under the Government as a public officer or transferred thereto from other public service between the period from the commencement of this Ordinance to the day immediately preceding the appointed day; (Amended 36 of 1987 s. 37; 3 of 1993 s. 6)

every person appointed to service under the Government as a public officer or transferred thereto from other public service on or after the appointed day who—

every public officer who—

every person who elects that this Ordinance shall apply to him under section 3A(3); or (Added 3 of 1993 s. 6)

every person who elects that this Ordinance shall apply to him under section 3A(4). (Added 3 of 1993 s. 6)

to whom subsection (1)(a) applies, an election shall be effective on and after the commencement of this Ordinance; (Amended 3 of 1993 s. 6)

to whom subsection (1)(b) applies and— (Amended 3 of 1993 s. 6)

to whom subsection (1)(c)(i) applies, an election shall be effective on the date of his appointment or transfer, as the case may be; (Added 3 of 1993 s. 6)

to whom subsection (1)(c)(ii) applies, an election shall be effective on—

as he may elect; (Added 3 of 1993 s. 6)

to whom subparagraphs (i), (ii) and (iii)(B) of subsection (1)(d) apply, an election shall subject to subsection (2A) be effective on—

as he may elect; (Added 3 of 1993 s. 6)

to whom subsection (1)(e) applies, an election shall subject to subsection (2A) be effective on—

as he may elect; (Added 3 of 1993 s. 6)

to whom subsection (1)(f) applies, an election shall subject to subsection (2A) be effective on—

as he may elect; (Added 3 of 1993 s. 6)

to whom subparagraphs (i), (ii) and (iii)(A) of subsection (1)(d) apply, an election shall subject to subsection (2A) be effective on—

as he may elect. (Added 3 of 1993 s. 6)

had become eligible for the grant—

whether or not such pension or annual allowance had actually been paid;

would have been eligible for the grant—

if the requirement of minimum qualifying service had not been applicable to him; or

was still serving as a public officer at the time of his death and, if— (Amended 3 of 1993 s. 9)

would have become eligible for the grant of a pension or an annual allowance under the Pensions Ordinance (Cap. 89) or a pension under the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap. 401), as the case may be.

if his contributory service was less than 20 years but would not have been for a period shorter than 20 years if he died or retired at the age of 55 years, be computed as if his contributory service had been for a period of 20 years; or

if his contributory service would have been for a period shorter than 20 years if he died or retired at the age of 55 years, and was less than that shorter period, be computed as if his contributory service had been for that shorter period.

where the deceased had elected under section 3A(1) to cease to make contributions under this Ordinance;

where the deceased had only one continuous period of service and—

where the deceased had only one continuous period of service and—

where the deceased had only one continuous period of service and—

where the deceased had more than one continuous period of service with the Government and he had not made contributions under this Ordinance during the entire last period of service (which period does not include any period of service without pay that is not taken into account as pensionable service under regulation 21(c) of the Pensions Regulations (Cap. 89 sub. leg. A), regulation 21(1)(e) of the Pension Benefits Regulations (Cap. 99 sub. leg. A) or regulation 20(1)(e) of the Pension Benefits (Judicial Officers) Regulations (Cap. 401 sub. leg. A)) beginning on or after the appointed day during which he was a public officer in service under the Government. (Added 3 of 1993 s. 10. Amended E.R. 1 of 2021)

to whom this Ordinance did not apply before the commencement^# of the Pensions Modification Ordinance 1993 (3 of 1993) and who—

who—

who—

six-twelfths of the rate of the pension of the deceased which relates to that part of his contributory service in respect of which he made contributions under this Ordinance at the rate of 4% of his pensionable emoluments; and

five-twelfths of the rate of the pension of the deceased which relates to that part of his contributory service in respect of which he made contributions under this Ordinance at the rate of (where he is an existing contributor) 3% or (where he is a new contributor), 3.5% of his pensionable emoluments or in respect of which he made contributions under the existing Ordinance.

Where the annual rate of the surviving spouse’s pension is less than such amount as the Chief Executive may from time to time determine for the purposes of this subsection, the Directors may, on the application of the surviving spouse within 3 months next following the grant of the pension, commute the pension by paying to him a sum which, according to actuarial tables prepared from time to time by an actuary appointed by the Chief Executive, is at the date of payment, actuarially equivalent to the value of the pension. (Amended 63 of 1999 s. 3)

This subsection shall not apply where a children’s pension has been granted and the aggregate of the annual rates of the children’s pension and the surviving spouse’s pension exceeds the amount determined for the purposes of paragraph (a).

Notwithstanding anything to the contrary in this Ordinance, no surviving spouse shall be eligible for the grant of more than one surviving spouses’ pensions at the same time, except where more than one surviving spouses’ pensions are granted by virtue of section 6(2).

Where but for section 6(2) a surviving spouse would have been eligible for the grant of more than one surviving spouses’ pensions, he shall, subject to this Ordinance, be granted the largest of those pensions. (Replaced 36 of 1987 s. 37)

for the benefit of any person born more than 10 months after the deceased had ceased to be a public officer;

for the benefit of any person by reason that he is the adopted child of the deceased if he was born or, as the case may be, adopted, after the termination of the deceased’s last marriage or after the deceased had ceased to be a public officer; or

for the benefit of any person by reason that he is the child of a wife of the deceased, if he was born more than 10 months after the termination of the marriage.

the rate thereof may vary according to the number of persons for whose benefit it can for the time being enure; and

it shall be paid to such person or persons as the Director of Accounting Services may from time to time direct, and different parts thereof may be directed to be paid to different persons; and

the person to whom all or any part thereof is paid shall apply the sum paid to him, without distinction, for the benefit of all the persons for whose benefit the pension can for the time being enure or for the benefit of such of them as the Director of Accounting Services may from time to time direct.

while the persons for whose benefit it can enure are two or more in number, shall amount to two-thirds of the rate of the pension of the deceased;

while there is only one such person, shall amount to one-third of the rate of the pension of the deceased.

while there are two or more persons for whose benefit it can enure, shall amount to one half of the rate of the pension of the deceased;

while there is only one such person, shall amount to one-fourth of the rate of the pension of the deceased if he is in the care of the surviving spouse, or one-third of such pension if in the care of some other person.

Notwithstanding anything in this section, where the deceased leaves a surviving spouse and no surviving spouses’ pension is granted to him, or if one is granted to him, it ceases in accordance with this Ordinance to be paid before his death, children’s pension shall be payable as respects any period comprised within the life-time of the surviving spouse or within the time in respect of which no surviving spouses’ pension is payable, as the case may be, and subsection (3) shall apply as respects any such period notwithstanding that the surviving spouse is still alive and if, but only if, the Directors are of the opinion that subsection (2) should apply in lieu of subsection (3) in the particular case, they may give a direction to that effect.

In case the Directors give a direction under this subsection, subsection (2) shall have effect in accordance with the direction. (Replaced 36 of 1987 s. 37)

Where the annual rate of a children’s pension does not exceed the amount determined for the purposes of section 8(5)(a) the Directors may, on the application of any person made within 3 months next following the grant of the pension, commute the pension by paying to such person or persons as they think fit a sum which, according to actuarial tables to be prepared from time to time by an actuary appointed by the Chief Executive, is at the date of payment, actuarially equivalent to the value of the pension. (Amended 63 of 1999 s. 3)

This subsection shall not apply where a surviving spouse’s pension has been granted and the aggregate of the annual rates of the surviving spouse’s pension and the children’s pension exceeds the amount determined for the purposes of section 8(5)(a).

Notwithstanding anything to the contrary in this Ordinance, no child shall be eligible for the grant of or to share in more than one children’s pensions at the same time, except where more than one children’s pensions are granted by virtue of section 6(2).

Where but for section 6(2) a child would have been eligible for the grant of or to share in more than one children’s pension, the child shall be deemed to be eligible only in respect of that pension which would in the opinion of the Directors produce the result most favourable to all the children who might benefit from those pensions. (Replaced 36 of 1987 s. 37)

subject to this section and section 28(3A), be equal to 4% if the contributor so elects under subsection (3) and section 28(3A)(b), and otherwise 3%, or, in the case of a new contributor who starts to make contributions under this Ordinance on or after the appointed day, 3.5%, of the pensionable emoluments of the contributor, or of his emoluments that would have been pensionable emoluments had he been serving in an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap. 89), the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap. 401): (Amended 36 of 1987 s. 37; 85 of 1988 s. 42; 3 of 1993 s. 17) Provided that— (i)if a contributor has to make contributions under this Ordinance in respect of any period for which he has already made contributions under the existing Ordinance to which the existing Ordinance ceases to apply under section 26, the latter shall be set off against the former and any balance paid as arrears in accordance with this Ordinance and any surplus refunded without interest; (ii)the contributions of a contributor to whom this Ordinance applies by virtue of an election made under section 3(1)(a)(ii), in respect of any period prior to his marriage, shall be equal to 3% of his pensionable emoluments regardless of the rate for which he may elect;

by payable in respect of an officer’s pensionable emoluments, or emoluments that would have been pensionable emoluments had he been serving in an established office on terms which attract pension, gratuity or other benefits under the Pensions Ordinance (Cap. 89), the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap. 401), in the case of an officer— (Amended 36 of 1987 s. 37; 85 of 1988 s. 42)

(Repealed 3 of 1993 s. 17)

not be payable in respect of any period of service without pay, except such a period which is taken into account as pensionable service under regulation 21(c) of the Pensions Regulations (Cap. 89 sub. leg. A), regulation 21(1)(e) of the Pension Benefits Regulations (Cap. 99 sub. leg. A) or regulation 20(1)(e) of the Pension Benefits (Judicial Officers) Regulations (Cap. 401 sub. leg. A), in which case contributions shall be paid as if the officer had received the emoluments he would have received had he been in receipt of pay during that period; (Amended 36 of 1987 s. 37; 85 of 1988 s. 42; E.R. 1 of 2021)

be payable until—

be paid—

in respect of any period prior to the date on which this Ordinance first applied to him, in the case of an officer to whom this Ordinance applies by virtue of an election under section 3(1)(a)(ii), 3(1)(c)(ii) or 3(1)(d)(iii)(B) be those enjoyed by him at the date of his marriage; (Amended 3 of 1993 s. 17)

in respect of any period of absence on leave without pay that is taken into account as pensionable service under regulation 21(c) of the Pensions Regulations (Cap. 89 sub. leg. A), regulation 21(1)(e) of the Pension Benefits Regulations (Cap. 99 sub. leg. A) or regulation 20(1)(e) of the Pension Benefits (Judicial Officers) Regulations (Cap. 401 sub. leg. A), be those he would have enjoyed had he not been on leave; (Amended 36 of 1987 s. 37; 85 of 1988 s. 42; E.R. 1 of 2021)

in respect of any period of service of an officer who has opted under section 8(1) and (3) of the Pension Benefits Ordinance (Cap. 99) be in accordance with regulation 16(5) of the Pension Benefits Regulations (Cap. 99 sub. leg. A); (Added 36 of 1987 s. 37. Amended E.R. 1 of 2021)

in respect of any period of service of an officer whose application under section 9(2) and (7) of the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) is approved, be in accordance with regulation 16(5) of the Pension Benefits (Judicial Officers) Regulations (Cap. 401 sub. leg. A); (Added 85 of 1988 s. 42. Amended E.R. 1 of 2021)

in respect of any period of service in a non-established office or service in an established office on agreement, being a period prior to the date on which this Ordinance first applied to him, be those enjoyed by him on the date of his appointment as a public officer in service under the Government; (Amended 36 of 1987 s. 37; 4 of 1993 s. 3)

in respect of any period of service prior to the date on which this Ordinance first applied to her, in the case of a female officer who makes an election under section 24(d), be those enjoyed by her on that date;

in respect of any period prior to the date on which this Ordinance first applied to the officer, in the case of—

be those enjoyed by the officer on the appointed day or, where his election that this Ordinance shall apply to him becomes effective on the date of his marriage, the date of his marriage; (Added 3 of 1993 s. 17)

in respect of any period prior to the date on which this Ordinance applied to the officer by virtue of an election under section 3A(3) or (4), be those enjoyed by him on the effective date of his election; (Added 3 of 1993 s. 17)

in respect of any other period, be those enjoyed by him from time to time.

he is not eligible for the grant of a pension or an annual allowance under the Pensions Ordinance (Cap. 89) or a pension under the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap. 401); and

he would not have become eligible for a pension or an annual allowance had he left the service in the circumstances described in section 6(1)(b) or (c),

in which he is only eligible for a gratuity under regulation 5 of the Pensions Regulations (Cap. 89 sub. leg. A) or a short service gratuity under section 32 of the Pension Benefits Ordinance (Cap. 99) or section 36 of the Pension Benefits (Judicial Officers) Ordinance (Cap. 401); or (Amended 85 of 1988 s. 43)

in which he is eligible for a pension or an annual allowance under the Pensions Ordinance (Cap. 89) (other than an additional pension under regulation 31(1)(ii) or (iii) of the Pensions Regulations (Cap. 89 sub. leg. A)) or a pension under the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) (other than an additional pension under section 15(1) of either of those Ordinances); or

where a contributor transfers to other public service, (Amended E.R. 1 of 2021)

if he has never married, the whole of his contributions shall be returned to him;

if he had no spouse throughout the period in respect of which he made contributions, the whole of his contributions shall be returned to him, but he shall retain such rights as might enure under this Ordinance to his children;

if he had a spouse at any time during the period in respect of which he made contributions, but has no spouse when he ceases to be a public officer, there shall be returned to him such of those contributions, beginning with the last of them, as is necessary to secure that the period in respect of which such contributions have been paid by him without being returned does not extend beyond the date when he last had a spouse, and he shall retain such rights as might enure under this Ordinance to his children;

if paragraphs (a), (b) and (c) do not apply to him, and he is only eligible for a gravity under regulation 5 of the Pensions Regulations (Cap. 89 sub. leg. A) or a short service gratuity under section 32 of the Pension Benefits Ordinance (Cap. 99) or section 36 of the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) he may, unless he retired from the public service on medical grounds, elect within 3 months of ceasing to be a public officer, that the whole of his contributions be returned to him. (Amended 36 of 1987 s. 37; 85 of 1988 s. 43; E.R. 1 of 2021)

if he had never married and at the time of his death has no child who is entitled to children’s pension or share of such pension, the whole of his contributions shall be returned to his personal representative;

if he had no spouse throughout the period in respect of which he made contributions, and at the time of his death has no child who is entitled to a children’s pension or share thereof, the whole of his contributions shall be returned to his personal representative;

if he had a spouse at any time during the period in respect of which he made contributions, but at the time of his death has no spouse nor any child who is entitled to a children’s pension or share thereof, there shall be returned to his personal representative such of those contributions, beginning with the last of them, as is necessary to secure that the period in respect of which such contributions have been paid by him without being returned does not extend beyond the date when he last had a spouse. (Amended 36 of 1987 s. 37)

and where he has never married, the whole of his contributions shall be returned to him;

and where he had no spouse throughout the period in respect of which he made contributions, the whole of his contribution shall be returned to him, but he shall retain such rights as may enure under this Ordinance to his children;

and where he had a spouse at any time during the period in respect of which he made contributions, the contributions which were made by him after the death of his spouse shall be returned to him, but he shall retain such rights as may enure under this Ordinance to his children. (Added 3 of 1993 s. 18)

in the case of contributions made by an officer to whom this Ordinance applies by virtue of an election under section 3(1)(a)(ii) or who made an election under section 3(2)(b)(ii) or 24(d), and which relate to the period specified in section 13(2)(a), (c) or (d), with simple interest at the rate of 3% per annum on each contribution from the date the contribution was made;

in the case of other contributions, with an addition at the rate of 1 1/2% per annum of the aggregate amount of the returned contributions for the period commencing on the date of payment of the first of such contributions and ending on the date on which the contributions are returned: (Amended 57 of 1979 s. 3)

in the case of contributions made before the appointed day, with an addition at the rate of 1 1/2% per annum of the aggregate amount of the returned contributions for the period commencing on the date of payment of the first of such contributions and ending on the date on which the contributions are returned;

in the case of contributions made on or after the appointed day, without any interest or addition,

if he was not a contributor under the existing Ordinance immediately before the day on which this Ordinance first applied to him, within 3 months of that day notify to the Director of Accounting Services in writing, if he is married or a widower with children who are under 23 years of age, the date of his marriage and of the birth of his children;

if he marries, notify his marriage to the Director of Accounting Services in writing within 3 months of the marriage;

notify to the Director of Accounting Services in writing within 3 months of the event—

the birth of any child born not more than 10 months after the person has ceased to be a public officer and the date of such birth;

the annulment or dissolution of his marriage and the date thereof;

the adoption by any other person of any child of his who is under 23 years of age;

the marriage of any female child under 23 years of age;

the death of his spouse or any child under 23 years of age.

the date of the death of the deceased;

the date of birth of any posthumous child born to the deceased;

the date of marriage of any female child during her period of childhood and full-time education;

the date of death, bankruptcy or insolvency of any child during his period of childhood and full-time education;

the date of his own re-marriage, bankruptcy or insolvency;

the date any child in his period of dependency ceases to receive full-time education at a university, college, school or other educational establishment;

the date any child in receipt of a pension under this Ordinance who was in the care of any other person comes into his care;

the date of adoption by any other person of any child of the deceased.

the date of death, bankruptcy or insolvency of the child;

the date of marriage of the child if female;

the date the child ceases to receive full-time education at a university, college, school or other educational establishment within his period of dependency;

the date of adoption of the child;

the date he ceases to have care of the child.

any pension or return of contributions, interest thereon and addition thereto payable under or by virtue of this Ordinance;

any expenses incurred in the administration of this Ordinance.

1 January 1978 as the date on which such application came into effect; and

to make contributions equal to 4% or 3% of his emoluments as at the appointed day during the period between 1 January 1978 and the date on which this Ordinance first applied to him,

Any contributions made under this Ordinance in respect of service under an agreement entered into on or after 1 June 1981 which expressly provides for the payment of a monthly pension in lieu of a gratuity, shall as soon as practicable be returned to the contributor or to his legal personal representative and there shall be paid out of the general revenue of Hong Kong the contributions to be returned.

No such service shall be contributory service for the purposes of this Ordinance. (59 of 1982 s. 3 incorporated)