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

3A. Cessation, resumption and commencement of contribution
(1) An existing contributor who fulfils the conditions specified by the Secretary for the Civil Service in a circular to be issued by the Secretary under and for the purposes of this section may within 6 months following the appointed day elect to cease to make contributions under this Ordinance which election shall be effective on the appointed day.
(2) Where the spouse of a contributor dies, the contributor may within 6 months following the death of his spouse elect to cease to make contributions under this Ordinance which election shall be effective on the death of his spouse.
(3) An officer who elects under this section to cease to make contribution and who subsequently marries may within 6 months of the date of his marriage elect to make contributions under this Ordinance again.
(4) An officer who elects under section 15A(1) of the existing Ordinance to cease to make contributions under the existing Ordinance and who subsequently marries may within 6 months of the date of his marriage elect to make contributions under this Ordinance.
(Added 3 of 1993 s. 7)

4. Board of Directors
(1) There is hereby established a Board of Directors to carry out the provisions of this Ordinance, which it shall do, so far as expedient, through the Director of Accounting Services.
(2) The Board of Directors shall consist of the Chairman under subsection (3) and 6 other members appointed by the Chief Executive, of whom 4 shall be public officers and 2 shall be persons who are neither public officers nor former public officers. (Amended 63 of 1999 s. 3)
(3) The Chairman of the Public Service Commission shall be Chairman of the Board.
(4) The Chairman, and in his absence, the senior public officer present, shall preside at meetings of the Board, and the person presiding shall have a deliberative vote, and, in the case of an equality of votes, shall also have a casting vote.
(5) At all meetings of the Board, 3 members including the person presiding shall form a quorum, and all questions shall be decided by a majority of the votes of the members present.
(6) Subject to this Ordinance, the Board may regulate its own procedure.

4A. Review of decisions by Directors
The Directors may review any decision made by them under this Ordinance and any such review may be carried out on the initiative of the Directors or pursuant to an application to them by a person who, in their opinion, has an interest in the matters to which the decision sought to be reviewed relates; and any decision made by them on a review may be irrespective of whether or not the decision is to the detriment of the widow or any child.
(Added 36 of 1987 s. 37)

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

5. Power to grant surviving spouses’ and children’s pensions
Subject to this Ordinance, on behalf of the Directors, the Director of Accounting Services shall, on the death of a contributor or former contributor grant and pay or cause to be paid—
(a) where he leaves a surviving spouse, a pension to that spouse; and (Amended 3 of 1993 s. 8)
(b) a pension for the benefit of his children. (Replaced 3 of 1993 s. 8)

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

6. Pension under this Ordinance to depend on deceased’s pension
(1) A pension shall not be granted under this Ordinance unless the deceased—
(a) had become eligible for the grant—
(i) of 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 (Amended E.R. 1 of 2021)
(ii) of 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), (Replaced 85 of 1988 s. 40)
whether or not such pension or annual allowance had actually been paid;
(b) would have been eligible for the grant—
(i) of a pension or an annual allowance under the Pensions Ordinance (Cap. 89); or
(ii) of a pension under the Pension Benefits Ordinance (Cap. 99) or the Pension Benefits (Judicial Officers) Ordinance (Cap. 401),
if the requirement of minimum qualifying service had not been applicable to him; or
(c) was still serving as a public officer at the time of his death and, if— (Amended 3 of 1993 s. 9)
(i) he had then retired on medical grounds; and (Amended 3 of 1993 s. 9)
(ii) (Repealed 3 of 1993 s. 9)(iii) the requirement of minimum qualifying service had not been applicable to him,
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.
(2) Where the deceased had more than one continuous period of contributory service, a pension shall be granted under this Ordinance in respect of each such period.
(Replaced 36 of 1987 s. 37. Amended 85 of 1988 s. 40)

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

10. Children’s pensions: beneficiaries
(1) A children’s pension shall be granted if, and be paid so long as and whenever, there are persons for whose benefit it can enure.
(2) Subject to this section, the persons for whose benefit a children’s pension can enure, are the children of the deceased who are for the time being in their period of dependency. (Amended 3 of 1993 s. 13)
(3) A children’s pension cannot enure—
(a) for the benefit of any person born more than 10 months after the deceased had ceased to be a public officer;
(b) 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
(c) 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.
(4) A children’s pension cannot enure for the benefit of any person by reason that he is the step-child or adopted child of the deceased unless he was wholly or mainly dependent upon the deceased at the time of death.
(5) (Repealed 3 of 1993 s. 13)

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

10A. Pensions and beneficiaries where there is more than one contributory service
(1) Subject to subsections (2) and (3), where the deceased had more than one continuous period of contributory service, a separate surviving spouses’ pension and children’s pension shall be granted and paid in respect of each continuous period of contributory service.
(2) A surviving spouses’ pension under subsection (1) shall only be granted and paid to the person who was the spouse of the contributor at any time during a continuous period of contributory service and who becomes his surviving spouse on the death of the contributor, and the surviving spouses’ pension shall be in respect of that contributory service.
(3) A children’s pension under subsection (1) shall only be granted and paid to the person or persons for whose benefit it can enure under section 10 during a continuous period of contributory service, and the children’s pension shall be in respect of that contributory service.
(Added 36 of 1987 s. 37. Amended 3 of 1993 s. 14)