Hong Kong Regulations

GRANT SCHOOLS PROVIDENT FUND RULES - RULE 7

Contributors

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

(1) Every teacher approved for the purposes of the Grant Code or the code of
aid for secondary schools (including any such teacher while on probation)
shall be required to contribute to the fund in the manner provided in rule 8,
except- (L.N. 87 of 1976; L.N. 239 of 1982; L.N. 162 of 1996)

   (a)  any teacher employed on a temporary basis;

   (b)  any teacher in receipt of salary based on a salary scale applicable to
        unqualified teachers: Provided that any such teacher may at his option
        contribute to the fund;

   (c)  any teacher who is in continuous contributory service otherwise than
        by reason of contributing to the Subsidized Schools Provident Fund:
        Provided that any such teacher may at his option contribute to the
        fund;

   (d)  any teacher who, on being first appointed to a grant school, is over
        the age of 55 years: (L.N. 162 of 1996) Provided that-

        (i)    the provisions of this paragraph shall not apply in the case of
               any such teacher who, at the time of first appointment to a
               grant school, is in continuous contributory service by reason
               of making contribution to the
               Subsidized Schools Provident Fund; and

        (ii)   any such teacher who, at the time of first appointment to a
               grant school, is in continuous contributory service otherwise
               than by reason of making contribution to the
               Subsidized Schools Provident Fund, may at his option contribute
               to the fund;

   (e)  any teacher who is a member of a religious order, convent or
        missionary body: Provided that any such teacher may at his option
        contribute to the fund;

   (f)  any teacher employed on a part time basis: Provided that, subject to
        the approval of the Permanent Secretary, any such teacher may at his
        option contribute to the fund. (3 of 2003 s. 16)

(1A) (Repealed L.N. 162 of 1996)

(2) Any option exercised pursuant to the provisions of paragraph

(1) may be exercised at any time, but shall- (L.N. 239 of 1982; L.N. 162 of
1996)

   (a)  be irrevocable; and

   (b)  not be exercised with retrospective effect otherwise than-

        (i)    to the date of first appointment in a grant school, or

        (ii)   for a period of 3 months, whichever is the less.

*(2A)-(2B) (Repealed L.N. 162 of 1996)

(3) Any question arising as to whether, for the purpose of paragraph (1), a
teacher is employed on a temporary basis shall be determined by the Permanent
Secretary whose decision shall be final. (3 of 2003 s. 16)

(4) Where a grant school ceases to be a grant school and becomes a DSS school,
a contributor employed in the grant school who commences employment in the DSS
school as a teacher may, subject to rule 7A, contribute to the fund. (L.N. 78
of 2000)

(5) Where a teacher employed in a grant school commences employment in a DSS
school as a teacher for the first time (since the commencement# of the Grant
Schools Provident Fund (Amendment) Rules 2000 (L.N. 78 of 2000)) in a case
other than that to which paragraph (4) applies, he may, subject to rule 7B,
contribute to the fund. (L.N. 78 of 2000)

(6) A contributor employed in a DSS school may at any time opt not to
contribute to the fund. (L.N. 78 of 2000)

(7) A contributor employed in a DSS school who has exercised the option under
paragraph (6) is not entitled to contribute to the fund when he is employed in
the DSS school. (L.N. 78 of 2000) (G.N.A. 116 of 1961)
___________________________________________________________________ Note:

* Rule 7(2A) and (2B) has been repealed and is reproduced as follows-

"(2A) An option to contribute to the fund by a teacher to whom paragraph
(1)(d) applies (other than a teacher first appointed to a grant school on or
after 24 June 1982) or by a teacher to whom paragraph (1A) applies-

   (a)  shall be irrevocable; and

   (b)  if exercised not later than 3 months after 24 June 1982, may be
        retrospective to the date of his first appointment to a grant school,
        or to such other date after such first appointment, as the teacher may
        specify in the option, but in any event shall not be retrospective to
        a date earlier than 1 September 1980. (L.N. 239 of 1982)

(2B) Where an option has been exercised by a teacher before 24 June 1982 and
by virtue of paragraph (2)(b)(ii) such option is retrospective to a date after
the date of his first appointment to a grant school, the teacher may exercise
an additional option, not later than 3 months after 24 June 1982, to
contribute to the fund from the date of his first appointment to a
grant school or from 1 September 1980, whichever is the later. (L.N. 239 of
1982)".

# Commencement date: 19 May 2000.