Hong Kong Ordinances

MANDATORY PROVIDENT FUND SCHEMES ORDINANCE - SECT 15

Withdrawal of accrued benefits

(Past version on 01/12/2000).

(1) A scheme member who has attained retirement age shall, in relation to the
registered scheme of which he is a scheme member, be entitled as of right to
have paid to him by the trustee of that registered  scheme the entirety of his
accrued benefits in the registered scheme in a lump sum.

(2) A scheme member who has not attained retirement age but has attained the
age specified in Schedule 7 and certifies to the trustee of the
registered scheme of which he is a scheme member by statutory declaration in a
form approved by the Authority that he has permanently ceased his employment
or self-employment, or is otherwise included in a class of persons specified
for that purpose in the regulations, shall be entitled as of right to have
paid to him by the trustee of that registered  scheme the entirety of his
accrued benefits in the registered scheme in a lump sum. (Amended 4 of 1998 s.
2)

(3) The regulations referred to in subsection (2) may specify the
circumstances in which a scheme member's entitlement under that subsection may
be exercised. Those circumstances include (but are not limited to)-

   (a)  the scheme member's permanent departure from Hong Kong; and

   (b)  the scheme member's total incapacity. (Replaced 4 of 1998 s. 2)

(4) When a member of a registered scheme has died, the approved  trustee of
the scheme must pay the whole of the member's accrued benefits as a lump sum-

   (a)  to the member's personal representatives; or

   (b)  if there are no personal representatives of the member's estate or if
        they are unwilling to act, to such person, or to a person of such
        class, as is specified in the regulations. (Replaced 4 of 1998 s. 2)

(5) (Repealed 1 of 2008 s. 41)

(6) Except as may be prescribed by the regulations, no period of limitation
prescribed by the Limitation Ordinance ( Cap 347) applies to proceedings for
the recovery of a member's accrued benefits that have become payable under
this section. (Added 4 of 1998 s. 2) (Enacted 1995)

"personal representatives" (遺產代理人)