香港法例/HK1610 退休金利益(司法人員)規例

" (b) at the time at which he has since attaining the age of 18 years ceased to receive continuous full-time education at any university, college, school or other educational establishment:"

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. (Added 3 of 1993 s. 63)"

" (4B) Where a child to whom a dependant pension is granted under subsection (1) is accepted by the Secretary for the Civil Service as mentally or physically disabled to such extent that he cannot reasonably be expected to be financially independent, the pension shall continue to be payable so long as he remains so disabled. (Added 3 of 1993 s. 63)"

" (5) For the purposes of subsection (1), ""pensionable emoluments"" (可供計算退休金的薪酬) includes pensionable emoluments enjoyed or drawn."

(6) For the purposes of subsections (4) and (4A)- (Amended 3 of 1993 s. 63)

" (a) ""full-time education"" (全日制教育) means full-time education at a university, college, school or other educational establishment recognized by the Director of Education; and"

" (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) For the purposes of this section-

" (a) where an officer contracts a marriage and by reason of its form the officer is or becomes lawfully married to more than one woman at the same time, ""wife"" (妻子) (without prejudice to the definition of ""wife"" in section 2) means the woman whom the officer first married; but where a wife eligible for a dependant pension under this section ceases to be so eligible and at the same time of the cessation the officer was lawfully married as mentioned to another wife or other wives the officer shall be deemed for the purposes of this section to have become a widower at the time of the cessation and simultaneously to have married the woman who at that time was his wife and whom he married first after his marriage to the wife who has ceased to be eligible;"

" (aa) ""spouse"" (配偶) (without prejudice to paragraph (a) and the definition of ""spouse"" in section 2) in relation to an officer includes any person who can prove to the satisfaction of the Secretary for the Civil Service that he or she cohabits with the officer as the officer's spouse; (Replaced 98 of 1994 s. 12)"

" (b) ""child"" (子女) (without prejudice to the definition of ""child"" in section 2) means-"

" (ii) a child who was wholly or mainly dependent on the deceased officer for support, and who had been adopted by the officer before the date of the injuries which resulted in the death of the officer."

(8) An officer who dies as a result of injuries 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 the circumstances described in paragraphs (a) and (c) of that subsection. (Amended 3 of 1993 s. 63)

" (8A) Where a dependant pension is granted under subsection (1) in respect of an injury which was caused in circumstances creating a legal liability in a person other than the Government, the Government may take proceedings against the person to recover an amount not exceeding the commuted lump sum determined in accordance with section 20A. (Added 98 of 1994 s. 12)"

" (9) This section does not apply in the case of the death of an officer if his dependants, as defined in section 3 of the Employees' Compensation Ordinance (Cap 282) or section 2 of the Pneumoconiosis (Compensation) Ordinance (Cap 360), are entitled to and have received compensation under either of those Ordinances in respect of that death."

(1) A person to whom a pension is payable under section 20 may within 3 months after the commencement of the payment of the pension or such longer period as the Secretary for the Civil Service may approve apply in writing to the Secretary to commute the pension into a lump sum.

(2) A lump sum referred to in subsection (1) shall be computed in accordance with an actuarial table prepared from time to time by an actuary appointed by the Governor.

" (3) Where an application is made under subsection (1) in respect of a deceased officer, any pension granted in respect of him before the computation of the lump sum shall be deducted from the lump sum."

(4) A lump sum referred to in subsection (1) may for the purposes of payment be divided into such number of parts as the Secretary for the Civil Service may think fit.

" (a) who has completed not less than 2 years' qualifying service, dies other than as specified in paragraph (b); or"

" (b) irrespective of the length of the period of his qualifying service, dies as a result of injuries received-"

(i) in the actual discharge of his duty;

" (iii) on account of circumstances specifically attributable to the nature of his duty,while in service under the Government, there shall be paid a death gratuity of an amount calculated in accordance with subsection (2)."