Hong Kong Regulations

OCCUPATIONAL RETIREMENT SCHEMES (PAYMENT OF BENEFITS) RULES - SECT 4

Exceptions

(1) Any benefit due to be paid under a registered scheme to which these Rules
apply in respect of a deceased member of the scheme shall be paid-

   (a)  where the member has by a written notice to the administrator of the
        scheme nominated a person to receive such benefits in the event of the
        member's death, to such person; or

   (b)  where more than one such person is so nominated, to the nominated
        persons in such proportion as may be specified in the notice or, if no
        such proportion is specified, in equal share; or

   (c)  where no such nomination has been made, to the deceased member's
        personal representative within the meaning of the Probate and 
        Administration Ordinance ( Cap 10), in the manner described in
        section 5.

(2) Where the membership of a member of a registered scheme employed by the
relevant employer of the scheme is to be transferred, at the member's request,
to another registered scheme also operated by that employer, the benefit due
to be paid under the first-mentioned scheme in respect of that member upon the
cessation of his membership consequential on such transfer shall be paid to
the administrator of the second-mentioned scheme.

(3) Where the terms of a registered scheme allow the administrator of the
scheme to pay, to the relevant employer of the scheme, any part of any benefit
due to be paid under such terms to a member of the scheme for the purpose of
effecting repayment of a debt owed by that member to that employer upon the
production of a written acknowledgment of such debt made by that member,
section 3 does not apply to such benefit paid to that employer to the extent
that such payment is allowed under the terms of the scheme. (Enacted 1993)