An Ordinance to make provision as regards the pensions, allowances, gratuities and pension benefits of certain officers transferred from service under the Government to service under the Hospital Authority.
[1 December 1991]
(Format changes—E.R. 5 of 2021)
(Enacting provision omitted—E.R. 5 of 2021)
(Amended E.R. 5 of 2021)
This Ordinance may be cited as the Pensions (Special Provisions) (Hospital Authority) Ordinance.
(Omitted as spent—E.R. 5 of 2021)
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 Hospital Authority; allowance (津貼) includes an annual allowance (年積金) payable under the Pensions Ordinance (Cap. 89); death gratuity (死亡恩恤金), in relation to a transferred officer, means—(a)where the Pensions Ordinance (Cap. 89) applied to him immediately before his transfer, a death gratuity payable under that Ordinance; or(b)where the Pension Benefits Ordinance (Cap. 99) applied to him immediately before his transfer, a death gratuity as defined in section 2(1) of that Ordinance; gratuity (恩恤金、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), in relation to a transferred officer, means—(a)where the Pensions Ordinance (Cap. 89) applied to him immediately before his transfer, highest pensionable emoluments as defined in section 2(1) of that Ordinance; or(b)where the Pension Benefits Ordinance (Cap. 99) applied to him immediately before his transfer, highest pensionable emoluments as defined in section 2(1) of that Ordinance; Hospital Authority (醫院管理局) means the Hospital Authority established by section 3 of the Hospital Authority Ordinance (Cap. 113); non-pensionable officer (非可享有退休金人員) has the meaning assigned to it by regulation 25 of the Pensions Regulations (Cap. 89 sub. leg. A); (Amended E.R. 5 of 2021) pension (退休金), in relation to a transferred officer, means—(a)where the Pensions Ordinance (Cap. 89) applied to him immediately before his transfer, a pension payable under that Ordinance; or(b)where the Pension Benefits Ordinance (Cap. 99) applied to him immediately before his transfer, a pension payable under that 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), in relation to a transferred officer, means—(a)where the Pensions Ordinance (Cap. 89) applied to him immediately before his transfer, pensionable emoluments as defined in section 2(1) of that Ordinance; or(b)where the Pension Benefits Ordinance (Cap. 99) applied to him immediately before his transfer, pensionable emoluments as defined in section 2(1) of that Ordinance; pensionable service (可供計算退休金的服務), in relation to a transferred officer, means—(a)where the Pensions Ordinance (Cap. 89) applied to him immediately before his transfer, pensionable service as defined in section 2(1) of that Ordinance; or(b)where the Pension Benefits Ordinance (Cap. 99) applied to him immediately before his transfer, pensionable service as defined in section 2(1) of that Ordinance; service under the Hospital Authority (醫院管理局服務) means service rendered by a transferred officer in the employment of the Hospital Authority on terms and conditions thereof, but does not include service rendered by an officer who is, while remaining in service under the Government, directed by the Government to work in a hospital the management and control of which has been vested in the Hospital Authority; 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).This Ordinance applies to an officer—
transferring from service under the Government to service under the Hospital Authority;
who is, immediately before such transfer, an officer to whom the Pensions Ordinance (Cap. 89) or the Pension Benefits Ordinance (Cap. 99) applied; and
whose transfer to service under the Hospital Authority is specified for the purposes of this section by the Chief Executive by notice published in the Gazette. (Amended 63 of 1999 s. 3)
A notice referred to in subsection (1) shall specify the date on which the transfer to which it relates occurred or, where appropriate, is to occur.
An officer serving under the Government who is to be transferred to service under the Hospital Authority may opt to have either the provisions of section 5 or the provisions of section 6 applied to or in respect of him as regards any pension, allowance, gratuity or pension benefits.
The option referred to in subsection (1) shall be exercised, not later than the day preceding the date of such officer’s transfer, under and in accordance with the terms offered on behalf of the Government for the purposes of this section.
Where an officer fails to exercise his option under this section, he shall be regarded as remaining in service under the Government.
Where a transferred officer is an officer to whom the Pensions Ordinance (Cap. 89) applied immediately before his transfer and he has opted under section 4 to have the provisions of this section applied to or in respect of him, then for so long as he is in the service under the Hospital Authority that Ordinance shall continue to apply to him and accordingly, subject to subsection (3), any such service rendered by him shall for the purposes of this subsection be regarded as being pensionable service or, in case immediately before such transfer, the officer was rendering service which could be taken into account for computing an annual allowance or gratuity, his service under the Hospital Authority shall for such purposes be regarded as being service which may be so taken into account.
Where a transferred officer is an officer to whom the Pension Benefits Ordinance (Cap. 99) applied immediately before his transfer and he has opted under section 4 to have the provisions of this section applied to or in respect of him, then for so long as he is in the service under the Hospital Authority that Ordinance shall continue to apply to him and accordingly, subject to subsection (3), any such service rendered by him shall for the purposes of this subsection be regarded as being pensionable service.
Nothing in subsection (1) or (2) shall be construed as, where the officer is transferred to service under the Hospital Authority within a period of absence from duty on leave with salary immediately before the final termination of his service under the Government, allowing the period between the commencement of service under the Hospital Authority and the expiration of such period of absence to be regarded as being both a period of service under the Government and a period of service under the Hospital Authority for the purpose of determining the length of pensionable service or service to be taken into account for computing an annual allowance or gratuity under this section.
Where a transferred officer is an officer to whom the Pensions Ordinance (Cap. 89) applied immediately before his transfer and he has opted under section 4 to have the provisions of this section applied to or in respect of him, the following provisions shall apply—
where his aggregate service would have qualified him, had it been wholly under the Government, for a pension, annual allowance or gratuity under the Pensions Ordinance (Cap. 89) he shall, on his retirement from service under the Hospital Authority in circumstances permitted by the Authority, be granted in respect of his service under the Government, as the case may be—
a pension in accordance with the provisions of regulation 10(1) of the Pensions Regulations (Cap. 89 sub. leg. A);
an annual allowance the amount of which shall be computed according to regulation 26(1) of the Pensions Regulations (Cap. 89 sub. leg. A) as though the provisions of regulation 10(1) of those regulations applied and “pension” in that regulation included an annual allowance;
a gratuity the amount of which shall be computed according to regulation 27 of the Pensions Regulations (Cap. 89 sub. leg. A) as though the provisions of regulation 10(1) of those regulations applied and “pension” in that regulation included a gratuity; or
an annual allowance or gratuity the amount of which shall be computed according to regulation 28 of the Pensions Regulations (Cap. 89 sub. leg. A) as though the provisions of regulation 10(1) of those regulations applied and “pension” in that regulation included an annual allowance or gratuity,
and his service under the Hospital Authority shall be regarded as being public service for the purposes of regulation 10(1) of the Pensions Regulations (Cap. 89 sub. leg. A);
where his aggregate service does not qualify him for a pension, annual allowance or gratuity under paragraph (a), he shall however, on his retirement from service under the Hospital Authority in circumstances permitted by the Authority, be granted in respect of his service under the Government, as the case may be—
a gratuity in accordance with the provisions of regulation 12 of the Pensions Regulations (Cap. 89 sub. leg. A) as though “pension” in that regulation referred to a pension granted under paragraph (a);
a gratuity the amount of which shall be computed according to regulation 26(8) of the Pensions Regulations (Cap. 89 sub. leg. A) as though the provisions of regulation 12 of those regulations applied; or
a gratuity the amount of which shall be computed according to regulation 28(1)(a) of the Pensions Regulations (Cap. 89 sub. leg. A) as though the provisions of regulation 12 of those regulations applied,
and his service under the Hospital Authority shall be regarded as being public service for the purposes of regulation 12 of the Pensions Regulations (Cap. 89 sub. leg. A);
where he dies while in service under the Hospital Authority after completing not less than 2 years’ aggregate service, there shall be paid in respect of his service under the Government, as the case may be—
a death gratuity the amount of which shall be computed according to 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
a gratuity the amount of which shall be computed according to 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)(ii) of that regulation;
where he dies after retirement from service under the Hospital Authority—
having been granted, or having become eligible for, a pension under this subsection, there shall be paid in respect of his service under the Government a death gratuity in accordance with the provisions of section 17(3) of the Pensions Ordinance (Cap. 89); or
having been granted, or having become eligible for, an annual allowance under this subsection, there shall be granted in respect of his service under the Government a gratuity in accordance with the provisions of 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 that regulation;
a pension, annual allowance or gratuity which has been granted under this subsection may be cancelled, suspended, reduced or may cease, as the case may be, under the circumstances stated in and in accordance with the provisions of section 11, 13, 15 or 15A of the Pensions Ordinance (Cap. 89);
a pension, annual allowance or gratuity granted under this subsection shall not be assignable or transferable except for the purposes of and in accordance with the provisions of section 12 of the Pensions Ordinance (Cap. 89). (Amended E.R. 5 of 2021)
Where a transferred officer is an officer to whom the Pension Benefits Ordinance (Cap. 99) applied immediately before his transfer and he has opted under section 4 to have the provisions of this section applied to or in respect of him, the following provisions shall apply—
where his aggregate service would have qualified him, had it been wholly under the Government, for a pension under the Pension Benefits Ordinance (Cap. 99) he shall, on his retirement from service under the Hospital Authority in circumstances permitted by the Authority, be granted in respect of his service under the Government a pension in accordance with the provisions of regulation 9(1) of the Pension Benefits Regulations (Cap. 99 sub. leg. A) and his service under the Hospital Authority shall be regarded as being public service for the purposes of that regulation; (Amended E.R. 5 of 2021)
where his aggregate service does not qualify him for a pension under paragraph (a), he shall however, on his retirement from service under the Hospital Authority, be granted in respect of his service under the Government a short service gratuity in accordance with the provisions of section 32 of the Pension Benefits Ordinance (Cap. 99), the amount of which shall be computed according to regulation 11 of the Pension Benefits Regulations (Cap. 99 sub. leg. A) as though “pension” where it secondly occurs in that regulation referred to a pension granted under paragraph (a), and his service under the Hospital Authority shall be regarded as being public service for the purposes of section 32 of that Ordinance; (Amended E.R. 5 of 2021)
where he resigns from service under the Hospital Authority, with the approval of the Authority and the Secretary for the Civil Service, after completing an aggregate service of not less than 10 years, he shall be granted in respect of 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 such pension shall be deferred in accordance with the provisions of section 7(a) of that Ordinance;
there shall be paid in respect of his service under the Government a death gratuity—
where he dies while in service under the Hospital Authority after completing not less than 2 years’ aggregate service, the amount of which shall be computed according to 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;
where he has been granted a deferred pension under paragraph (c) and dies before such deferred pension is paid to him, in accordance with the provisions of section 20(5)(a) of the Pension Benefits Ordinance (Cap. 99); or
where he dies after retirement from service under the Hospital Authority having been granted, or having become eligible for, a pension under this subsection, in accordance with the provisions of section 20(4) of the Pension Benefits Ordinance (Cap. 99);
a pension which has been granted under this subsection may be cancelled, suspended, reduced or may cease, as the case may be, under the circumstances stated in and in accordance with the provisions of section 26, 28, 29 or 29A of the Pension Benefits Ordinance (Cap. 99);
pension benefits granted under this subsection shall not be assignable or transferable except for the purposes of and in accordance with the provisions of section 31 of the Pension Benefits Ordinance (Cap. 99).
Subject to subsection (4), the amount of pension, annual allowance, gratuity or pension benefits payable under this section shall be computed by reference to the salary payable at the date when the payment of such pension, annual allowance, gratuity or pension benefits falls due in respect of—
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 Hospital Authority;
in the case that the officer is transferred to service under the Hospital Authority 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 such period of absence; or
if the salary point mentioned in paragraph (a) or (b) is replaced due to a revision of salary structure, the salary point equivalent thereto in force when such payment falls due.
Where a deferred pension is payable under subsection (2)(c) or a death gratuity is payable under subsection (2)(d)(ii) the amount of such deferred pension or death gratuity shall be 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—
at the date of his transfer; or
in the case that the officer is transferred to service under the Hospital Authority 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 such period of absence.
(Omitted as spent—E.R. 5 of 2021)