To make special provision in relation to contributions paid by certain officers
in the Customs and Excise Service in respect of pensions for their dependants under
the Widows and Orphans Pension Ordinance (Cap. 94) and
the
Surviving
Spouses’ and Children’s Pensions Ordinance (Cap. 79) and for matters connected therewith.
(Amended 21 of 2020 s. 49)
[15
March 1985]
(Format changes—E.R. 1 of 2019)
1.
Short title
This Ordinance may be cited as the
Pensions (Special Provisions) (Customs Officers) Ordinance
.2.
Interpretation
In this Ordinance, unless the context otherwise requires—
eligible
officer
(合資格人員
) means a public officer or former
public officer who—(a)
was either—
(i)
transferred from the rank of Revenue Officer to the rank of Preventive
Officer on
1
July 1977; or
(ii)
on or after that date, but before 1 January 1978, appointed to the rank of Preventive Officer or Customs Officer; and
(b)
on or after 1 July 1977 contributed under the Widows and Orphans Pension
Ordinance (Cap. 94) whether or not he was an officer
whose contributions ceased by reason of his electing to contribute under the
Surviving
Spouses’ and Children’s Pensions Ordinance (Cap. 79) from 1 January 1978;
(Amended 21 of 2020 s. 50)
former
public
officer
(前公職人員
) means a person who has ceased to be a
public officer by virtue of his retirement from the public service under the Government
of Hong Kong.3.
Grant of right to refund of contributions and effect thereof
Any eligible officer may, by notice in writing to the Director of Accounting
Services within 3 months after the date of
commencement*
of this Ordinance or such greater period as the Director of Accounting Services may
allow, avail himself of the provisions of this Ordinance and, upon so doing—
(a)
any contribution paid by him under the Widows and Orphans Pension Ordinance
(Cap. 94) or the
Surviving
Spouses’ and Children’s Pensions Ordinance (Cap. 79) in respect of any service by him in the rank of Preventive
Officer or Customs Officer on or after 1 July 1977 shall be refunded to him and any
such contribution shall be deemed for the purposes of those Ordinances never to have
been paid;
(b)
his widow or children, as the case may be, shall, for the purposes of the Widows
and Orphans Pension Ordinance (Cap. 94), be entitled on
his death only to a pension computed on the basis of the potential benefit acquired
by such officer—
(i)
on 30 June 1977, if that officer was transferred from the rank of Revenue
Officer to the rank of Preventive Officer on 1 July 1977;
(ii)
immediately prior to his transfer to the rank of Preventive Officer or
Customs Officer if the officer was transferred to that rank on or after 1 July
1977 and before 1 January 1978;
(c)
any election made by the officer while holding the rank of Customs Officer to
contribute under the
Surviving
Spouses’ and Children’s Pensions Ordinance (Cap. 79) with effect from 1 January 1978, shall, with respect to the
period for which he held that rank, be deemed never to have been made and his
service in that rank shall not be contributory service within the meaning of that Ordinance.
(Amended 21 of 2020 s. 51)
Editorial Note:
* Commencement date: 15 March
1985.
4.
Non-contributing officers
(1)
For the removal of doubt it is declared that a public officer who, at the time when he should have become a contributor under the Widows and Orphans Pension Ordinance (Cap. 94) in respect of service as a Preventive Officer or a Customs Officer on or after 1 July 1977 and before 1 January 1978, did not become a contributor, may not subsequently become a contributor and his widow or children shall not acquire any entitlement to a pension under that Ordinance in respect of any contributions which should have been but were not paid by him as a contributor during that period.
(2)
Section 28(3) of the
Surviving
Spouses’ and Children’s Pensions Ordinance (Cap. 79) shall apply, and be deemed always to have applied, to a Customs
Officer who between the dates referred to in subsection (1) did not become a
contributor under that Ordinance as it does to a Preventive Officer.
(Amended 21 of 2020 s. 52)