Hong Kong Regulations

GRANT SCHOOLS PROVIDENT FUND RULES - RULE 13

Benefits

(Past version on 19/05/2000).
(Past version on 30/06/1997).

(1) Whenever a contributor ceases to be employed as a teacher in a
grant school or DSS school (as the case may be) for any of the following
reasons- (L.N. 78 of 2000)

   (a)  after 10 years continuous contributory service-

        (i)    he is compulsorily retired, or dismissed or his contract is
               terminated (on completion or otherwise), other than where he is
               compulsorily retired or dismissed, or his contract is
               terminated, on account of professional misconduct or being
               convicted of an offence; or

        (ii)   he retires voluntarily, resigns or terminates his contract (on
               completion or otherwise), other than where he retires
               voluntarily, resigns, or terminates his contract, in order to
               avoid compulsory retirement, dismissal, or termination of his
               contract, on account of professional misconduct or being
               convicted of an offence;

   (b)  on the ground of ill health, certified by a Government medical board
        (in the case of a contributor employed in a grant school) or a
        registered medical practitioner within the meaning of section 2 of the
        Medical Registration Ordinance ( Cap 161)(in the case of a contributor
        employed in a DSS school), as constituting a reasonable ground for
        cessation of his employment; (L.N. 78 of 2000)

   (c)  (in the case of a grant school) upon the school ceasing to be a
        grant school; (L.N. 78 of 2000)

   (ca) (in the case of a DSS school) upon the school ceasing to be a DSS
        school, except where the school turns into a grant school; (L.N. 78 of
        2000)

   (d)  death, then, subject to paragraph (3) and rule 7A or 7B (whichever is
        applicable) and rules 13A and 18, his account shall be closed and, in
        accordance with rule 14, the amount standing to the credit of his
        account at the date of the cessation of his employment, including all
        Government donations and DSS school donations (if any) and all
        dividends that have been declared up to and including that date, shall
        be paid to him or to his personal representative. (L.N. 259 of 1995;
        L.N. 78 of 2000)

(2) Without prejudice to paragraph (1)(b), (c), (ca) and (d), whenever a
contributor ceases to be employed as a teacher in a grant  school or DSS
school (as the case may be) after 5 years but less than 10 years
continuous contributory service for the reason that- (L.N. 78 of 2000)

   (a)  he is compulsorily retired, or dismissed or his contract is terminated
        (on completion or otherwise), other than where he is compulsorily
        retired or dismissed, or his contract is terminated, on account of
        professional misconduct or being convicted of an offence; or

   (b)  he retires voluntarily, resigns or terminates his contract (on
        completion or otherwise), other than where he retires voluntarily,
        resigns, or terminates his contract, in order to avoid compulsory
        retirement, dismissal, or termination of his contract, on account of
        professional misconduct or being convicted of an offence, then,
        subject to paragraph (3) and rules 7B and 18, his account shall be
        closed and, in accordance with rule 14, the payment due to him as a
        contributor shall be an amount equal to that contributed by him up to
        the date of cessation of his employment and all dividends that have
        been declared on that contribution plus an amount equal to the
        following percentage of all Government donations and DSS school
        donations (if any) and all dividends that have been declared on such
        donations- (L.N. 78 of 2000)

        (i)    50 per cent, if his continuous contributory service is less
               than 6 years;

        (ii)   60 per cent, if his continuous contributory service is not less
               than 6 years but less than 7 years;

        (iii)  70 per cent, if his continuous contributory service is not less
               than 7 years but less than 8 years;

        (iv)   80 per cent, if his continuous contributory service is not less
               than 8 years but less than 9 years;

        (v)    90 per cent, if his continuous contributory service is not less
               than 9 years but less than 10 years. (L.N. 239 of 1982)

(2A) Without prejudice to paragraph (1)(b), (c), (ca) and (d), whenever a
contributor ceases to be employed as a teacher in a grant  school or DSS
school (as the case may be)- (L.N. 78 of 2000)

   (a)  after less than 5 years continuous contributory service; or

   (b)  for any of the following reasons, (regardless of the length of his
        continuous contributory service) namely, that-

        (i)    he is compulsorily retired, or dismissed or his contract is
               terminated (on completion or otherwise), on account of
               professional misconduct or being convicted of an offence; or

        (ii)   he retires voluntarily, resigns, or terminates his contract

(on completion or otherwise), in order to avoid compulsory retirement,
dismissal, or termination of his contract, on account of professional
misconduct or being convicted of an offence, then, subject to paragraph (3)
and rules 7B and 18, his account shall be closed and, in accordance with rule
14, an amount equal to that contributed by him up to the date of the cessation
of his employment, plus such dividends as have been declared on that
contribution, shall be paid to him. (L.N. 239 of 1982; L.N. 78 of 2000)

(3) On the application of a contributor who has ceased to make the
contributions required under rule 8, the Permanent Secretary may, except-

(3 of 2003 s. 16)

   (a)  where, after 10 years continuous contributory service, the contributor
        is compulsorily retired; or

   (b)  in any case to which paragraph (2A)(b) applies, direct, subject to
        such terms and conditions as he thinks fit, that the contributor's
        account be kept open, but in that event the period during which the
        contributor's account is kept open pursuant to this paragraph shall
        not be taken into account as continuous contributory service. (L.N.
        239 of 1982)

(4) (Repealed L.N. 78 of 2000)

(5) (Repealed L.N. 162 of 1996)

(6) Where the account of a contributor has been closed in accordance with this
rule (or purportedly in accordance with this rule) and the contributor has
received payment in accordance with rule 14 (or purportedly in accordance with
rule 14) and has re-commenced employment in a grant school
without a break in teaching service then, for the purpose of calculating the
amount of the benefits payable under this rule with respect to such
re-commenced employment, no account shall be taken of any period of
continuous contributory service completed prior to such re-commencement of
employment. (L.N. 269 of 1990)

(7) (a) Where a contributor is dismissed or his contract is terminated (on
completion or otherwise) but his account has been kept open in accordance with
this rule (or purportedly in accordance with this rule) and the contributor
has received a severance payment or a long service payment, as the case may
be, in accordance with the Employment Ordinance ( Cap 57) and has re-commenced
employment in a subsidized school or a grant  school
without a break in teaching service otherwise than such break as the Permanent
Secretary may approve then, for the purpose of calculating the amount of the
benefits payable under this rule with respect to such re-commenced employment,
no account shall be taken of any period of continuous contributory service
completed prior to such re-commenced employment. (3 of 2003 s. 16)

   (b)  The account of a contributor referred to in subparagraph (a) shall,
        for the period prior to such re-commenced employment, be treated as
        having been closed and that portion of the amount standing to the
        credit of his account at the date of the cessation of his employment
        which is attributable to his contributions and dividends declared on
        such contributions shall be paid to him and that portion of the amount
        standing to the credit of his account which is attributable to
        Government donations and dividends declared on such donations shall be
        paid to the Government for the purpose of setting off any amounts paid
        or payable towards the severance payment or the long service payment,
        as the case may be. (L.N. 259 of 1995) (L.N. 87 of 1976)