Paragraph 2

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. Head 11(c) rev. in pt. by Hong Kong (Overseas Public Servants) (Pension Supplements) 1998 art.3(b)(i)
Sch. Head 11(c) rev.in pt. and amended by Hong Kong (Overseas Public Servants) (Pension Supplements) 1998 art.3(b)(ii)
Sch. Head G rev. and replaced by Hong Kong (Overseas Public Servants) (Pension Supplements) 1998 art.3(a), Sch.
Sch. Head 1.2 amended by Hong Kong (Overseas Public Servants) (Pension Supplements) 1998 art.3(c)
Sch. Head 11 (c) am. (Head I am) by Hong Kong (Overseas Public Servants) (Pension Supplements) 1999 art.3

(1)

Where, in calculating the sterling value of a specified officer’s notional Hong Kong pension, provision is made in this Schedule for increasing any sum by a percentage increase rate obtained from a Pensions Increase (Review) Order or in accordance with section 1 or an order made under section 2 of the Pensions (Increase) Act 1971 and the calculation is to be made at any time between the officer’s retiring under the age of fifty five years and his attaining that age, no such increase shall be made:

(a)

in respect of any such Order made subsequent to the date of his retirement;

(b)

or, as the case may be, for any period to which the said section 1, or any order made under the said section 2, applies

if that period falls within the period between the officer so retiring and his attaining the age of fifty five, unless the Secretary of State is satisfied that the officer is permanently incapacitated by physical or mental infirmity from engaging in any regular full-time employment. When the officer has attained the age of fifty five, subsequent calculations shall take account of Orders or periods excluded by the foregoing provisions of this paragraph as well as any relevant earlier or future Orders.

(2)

Nothing in this paragraph applies to the calculation of the sterling value of a deceased specified officer’s notional Hong Kong pension where such calculation is made for the purposes of calculating a dependant’s notional Hong Kong pension.