| (Cap 279, section 85)* [19 December 1952] (33 of 1952 Third Schedule) ______________________________________________________________________ Note: # For the saving and transitional provisions relating to the amendments made by the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003), please see Part 3 of that Ordinance. * These rules were made under section 53 of the repealed Education Ordinance (Cap 279, 1964 Ed.) and, by virtue of section 36(1) of the Interpretation and General Clauses Ordinance (Cap 1), continue to have the like effect as if they had been made under section 85 of the new Education Ordinance (enacted in 1971). Cap 279C rule 1 Citation These rules may be cited as the Grant Schools Provident Fund Rules. Cap 279C rule 2 Interpretation (1) In these rules, unless the context otherwise requires- (L.N. 78 of 2000) "account" (帐目), in relation to a contributor, means an account maintained for the contributor under rule 8(3); (L.N. 78 of 2000) "continuous contributory service" (供款无间年资), in relation to a teacher, means any period of service during which the teacher- (a) makes continuous contributions to the fund or a provident or super-annuation fund approved by the Permanent Secretary for the purposes of these rules; and (b) has not closed his account in that fund at any time,and includes- (i) study leave, sick leave or maternity leave approved by the Permanent Secretary; and (ii) any service- (A) at 2 or more grant schools; (B) at 1 or more grant schools and at 1 or more subsidized schools; (C) at 1 or more grant schools and at 1 or more DSS schools; or (D) at 1 or more grant schools and at 1 or more subsidized schools and at 1 or more DSS schools, either without a break in teaching service or with such a break if the break has been approved by the Permanent Secretary; (L.N. 78 of 2000; 3 of 2003 s. 16)"contract" (合约), in relation to a contributor, means a fixed term contract under which the contributor is employed; (L.N. 87 of 1976) "contributor" (供款人) means a person who contributes compulsorily to the fund or who has exercised an option to contribute to the fund; "DSS school" (直资学校) means a school which has joined the Direct Subsidy Scheme administered by the Permanent Secretary under which the school receives subsidy directly from the Government according to such terms and conditions as may be specified by the Government from time to time; (L.N. 78 of 2000; 3 of 2003 s. 16) "fund" (基金) and "board" (委员会) mean respectively the provident fund maintained under these rules and board of control established under these rules; (L.N. 78 of 2000) "Grant Code" (补助则例) means the code under the terms of which, before 1 April 1973, the Government gave grants in aid to certain secondary schools; (L.N. 87 of 1976) "grant school" (补助学校) means any secondary school which receives subsidies in accordance with the code of aid for secondary schools and which was, before 1 April 1973, in receipt of grants in accordance with the Grant Code; (L.N. 87 of 1976) "Grant Schools Council" (补助学校议会) means that body of persons composed of representatives of the grant schools and for the time being known as the Grant Schools Council; "secretary" (秘书) means the secretary appointed in accordance with the provisions of rule 5; (G.N.A. 116 of 1961) "subsidized school" (津贴学校) has the meaning ascribed thereto in the Subsidized Schools Provident Fund Rules (Cap 279 sub. leg. D); "Subsidized Schools Provident Fund" (津贴学校公积金) means the provident fund maintained in accordance with the Subsidized Schools Provident Fund Rules (Cap 279 sub. leg D.); "treasurer" (司库) means the treasurer appointed in accordance with the provisions of rule 6; "without a break in teaching service" (教学服务并无中断) means continuous teaching employment in 1 or more grant schools, subsidized schools or DSS schools. (L.N. 78 of 2000) (2) In the calculation of continuous contributory service for the purposes of rules 9, 9A, 13 and 13B, where a contributor commenced his service on a day in a month other than the first day of that month, he shall be deemed to have commenced his service on the first day of that month. (L.N. 78 of 2000) (21 of 2000 s. 12) Cap 279C rule 3 Object of rules The object of these rules is the maintenance and management of the fund which provides for payments in the case of the resignation, retirement, dismissal, termination of contract or death of teachers in grant schools and teachers in DSS schools who are contributors. Rights and liabilities and procedure in respect of the fund shall hereafter be entirely governed by these rules. (G.N.A. 116 of 1961; L.N. 87 of 1976; L.N. 78 of 2000) Cap 279C rule 4 Board of control (1) The complete administration and control of the fund, subject to these rules, shall be vested in a board of control composed of a chairman who shall be nominated and replaced whenever it appears to be desirable by the Grant Schools Council, the Permanent Secretary or his representative, the Director of Accounting Services or his representative, and 8 additional members who shall themselves be contributors. (3 of 2003 s. 15) |
