Hong Kong Regulations

MANDATORY PROVIDENT FUND SCHEMES (GENERAL) REGULATION - SECT 122

Participating employer to calculate relevant income and pay mandatory contributions

(Past version on 15/02/2002).
(Past version on 01/12/2000).

For the transitional provision relating to the amendments made by the
Mandatory Provident Fund Schemes (Amendment) (No. 2) Ordinance 2002 (29 of
2002), see section 15 of that Ordinance. Division 2-

Employer participation

(1) In this section-

"contribution day" (供款日)-

   (a)  in relation to a mandatory contribution payable by a participating
        employer in respect of a relevant employee who is a casual employee
        (other than a casual employee who is a member of an industry scheme),
        means, subject to subsection (4), the tenth day after the last day of-
        (29 of 2002 s. 14)

        (i)    the relevant contribution period; or

        (ii)   the contribution period during which the permitted period ends,
               whichever is the later; and

   (aa) in relation to a mandatory contribution payable by a participating
        employer in respect of a relevant employee (other than a casual
        employee), means, subject to subsection (4), the tenth day after the
        last day of-

        (i)    a calendar month within which the relevant contribution period
               ends; or

        (ii)   the month during which the permitted period ends, whichever is
               the later; and (29 of 2002 s. 14)

   (b)  in relation to a mandatory contribution payable by a participating
        employer in respect of a casual employee who is a member of an
        industry scheme, means, subject to subsection (4), whichever of the
        following days is agreed by the participating employer and the
        approved trustee of the scheme concerned as the contribution day for
        that employee-

        (i)    the 10th day after the last day of the relevant contribution 
               period; or (2 of 2002 s. 21)

        (ii)   the next working day (other than a Saturday) immediately
               subsequent to the payment of relevant income for the relevant
               contribution  period; (L.N. 223 of 2000; 2 of 2002 s. 21)

"contribution period" (供款期) has the same meaning as in section 7A(10) of
the Ordinance;

"permitted period" (特准限期) has the same meaning as in section 7(3)(a)
of the Ordinance. (L.N. 223 of 2000)

(2) A participating employer of a registered scheme must, for each
contribution period, calculate-

   (a)  the amount of relevant income of each relevant employee of the
        employer who is a member of the scheme; and

   (b)  the amount of mandatory contributions that the employer must pay to
        the approved trustee of the scheme in respect of each relevant
        employee under section 7A(1)(a) or (2)(a) of the Ordinance; and

   (c)  the amount of mandatory contributions that the employer must deduct
        from the relevant income of each relevant employee and pay to the
        approved trustee of the scheme in respect of each of them under
        section  7A (1)(b) or (2)(b) of the Ordinance.

(3) For the purposes of section 7A(8) of the Ordinance-

   (a)  a participating employer in respect of a relevant employee who is a
        casual employee must, for each contribution period, pay the mandatory
        contribution to the approved trustee of the scheme in respect of each
        relevant employee on or before the contribution day;

   (b)  a participating employer in respect of a relevant employee

(other than a casual employee) must, for each contribution period which ends
in the previous calendar month or during the permitted period, as the case may
be, pay the mandatory contribution to the approved trustee of the  scheme in
respect of each relevant employee on or before the contribution  day. (29 of
2002 s. 14)

(4) If the contribution day is a public holiday, or a gale warning day or
black rainstorm warning day within the meaning of section 71(2) of the
Interpretation and General Clauses Ordinance ( Cap 1), then the
contribution day shall mean the next following day, not being a public holiday
or such a gale warning day or black rainstorm warning day. (L.N. 223 of 2000)

"contribution day" (供款日)

"contribution period" (供款期)

"permitted period" (特准限期)