### Pensions Ordinance 《退休金條例》

2A. Power of Legislative Council to declare a special allowance pensionable
(1) The Legislative Council may by resolution declare a special addition to salary to be pensionable as a special allowance for the purposes of this Ordinance.
(2) A resolution under subsection (1) shall specify the date from which it shall have effect and such date may be before the date on which the resolution is passed but shall not be before 1 November 1967.
(Added 19 of 1970 s. 3)

2B. Delegation of powers by the Chief Executive
The Chief Executive may delegate the Secretary for the Civil Service or a Deputy Secretary for the Civil Service to exercise the power to make orders in respect of an established office conferred on him by the definition of established office in section 2; and thereupon, or from the date specified by the Chief Executive, the person delegated shall have and may exercise such power.
(Added 73 of 1979 s. 2. Amended 36 of 1987 s. 36; 63 of 1999 s. 3)

2C. Application
(1) Subject to subsection (2), this Ordinance applies to every officer who is appointed or re-appointed to service under the Government before the date of commencement* of the Pension Benefits Ordinance (Cap. 99), whether on transfer from other public service or otherwise, on terms which attract pension, gratuity or other allowance.
(2) This Ordinance shall not apply to a serving officer within the meaning of the Pension Benefits Ordinance (Cap. 99) to whom that Ordinance applies by virtue of section 4(1)(b) or (c) of that Ordinance.
(3) This Ordinance does not apply to an officer to whom the Pension Benefits (Judicial Officers) Ordinance (Cap. 401) applies by virtue of section 3(1)(b), (c) or (d) of that Ordinance. (Added 85 of 1988 s. 45)
(Added 36 of 1987 s. 36) Editorial Note:
* Commencement date: 1 July 1987.

### Pensions Ordinance 《退休金條例》

3. Pension regulations
(1)  Pensions, gratuities and other allowances shall be granted by the Chief Executive in accordance with the regulations under this Ordinance to officers who have been in the service under the Government and to the dependants of such persons where such service is terminated by death:
Provided that where a pension, gratuity or other allowance is expressed to be grantable by the Chief Executive in Council such pension, gratuity or other allowance shall be granted only by the Chief Executive in Council. 
The said regulations may from time to time be amended, added to, or revoked by regulations made by the Chief Executive in Council, and all regulations so made shall be published in the Gazette and laid before the Legislative Council. (Amended 36 of 1987 s. 36; 63 of 1999 s. 3)
(2) The expression this Ordinance (本條例) shall, wherever it occurs in this Ordinance, be construed as including a reference to the regulations made thereunder.
(3)  Whenever the Chief Executive in Council is satisfied that it is equitable that any regulation made under this section should have retrospective effect in order to confer a benefit upon or remove a disability attaching to any person that regulation may be given retrospective effect for that purpose: (Amended 63 of 1999 s. 3)
Provided that no such regulation shall have retrospective effect unless it has received the prior approval of the Legislative Council signified by resolution. 
(4) Any pension, additional pension, gratuity or ex gratia payment granted to an officer under this Ordinance shall be computed in accordance with the provisions relating to such officer which are in force at the actual date of his retirement, death or injury, as the case may be. (Replaced 98 of 1994 s. 4)
(5) Subsection (4), as enacted by section 4 of the Pensions Ordinances (Miscellaneous Amendments) Ordinance 1994 (98 of 1994), is deemed to have come into operation on 1 February 1993. (Added 98 of 1994 s. 4)

4. Pensions, etc., to be charged on general revenue
There shall be charged on and paid out of the general revenue all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance in pursuance of this Ordinance.
(Amended 36 of 1987 s. 36)

5. Pensions, etc. to be of right
Except as otherwise provided in this Ordinance, the entitlement to pension, gratuity or other allowance under this Ordinance shall be a right.
(Replaced 36 of 1987 s. 36)

### Pensions Ordinance 《退休金條例》

6A. Compensation scheme
For the purposes of section 6(1)(h) the Chief Executive in Council may, from time to time, approve a compensation scheme which— (Amended 4 of 1993 s. 6; 63 of 1999 s. 3)
(a) shall apply to such officers as are specified in the scheme;
(b) may provide for the payment of compensation, pension, gratuity or other allowance and additional benefits to officers on their retirement, the commutation of pension, gratuity or other allowance, the payment of death gratuities to dependants of officers, and for other matters relating thereto, other than in accordance with this Ordinance; and
(c) shall provide for the circumstances under which compensation and other benefits are payable under the scheme.
(Added 36 of 1987 s. 36)

7. Discretionary power to grant ex gratia payment where officer leaves the public service
Where an officer leaves the public service and a pension or gratuity cannot, except by the application of section 20A, be granted to him under this Ordinance, the Chief Executive may, if he thinks fit, grant such ex gratia payment to the officer as he thinks just and proper.
(Replaced 36 of 1987 s. 36. Amended 4 of 1993 s. 7; 63 of 1999 s. 3)

7A. Removal of judge or district judge from office
If a judge or a district judge is removed from office by the Chief Executive by instrument under the Public Seal, the Chief Executive may, if he thinks fit, grant to him such pension, gratuity or other allowance as he thinks just and proper.
(Added 2 of 1976 s. 4. Amended 63 of 1999 s. 3)

### Pensions Ordinance 《退休金條例》

8. Compulsory retirement
(1)  The normal age of retirement of an officer, other than a judge or a district judge, holding an established office shall be on attaining the age of 55 years:

Provided that—
(a) the Chief Executive may approve any such officer’s continued service after attaining such age;
(b) a female who held an established office on 1 April 1957 may elect to retire on attaining the age of 50 years by giving to the Chief Executive notice in writing of such election on or before attaining the age of 49 years and such election shall be irrevocable. (Replaced 34 of 1970 s. 4. Amended 2 of 1976 s. 5; 36 of 1987 s. 36; 63 of 1999 s. 3)

(2)-(3) (Repealed 36 of 1987 s. 36)