Hong Kong Regulations

MANDATORY PROVIDENT FUND SCHEMES (EXEMPTION) REGULATION - SECT 2

Interpretation

(Past version on 03/01/2000).



"exemption certificate" (豁免證明書)

"existing member" (現有成員)

"mandatory condition" (強制性條件)

"MPF scheme" (強制性公積金計劃)

"new eligible employee" (新的有資格僱員)

"new member" (新成員)

"original schemes" (原來的計劃)

"ORSO exempted scheme" (職業退休豁免計劃)

"ORSO registered scheme" (職業退休註冊計劃)

"past service liability" (過去服務負債)

"relevant date" (有關日期)

"relevant employer" (有關僱主)

"relevant Ordinance" (有關條例)

"relevant ORSO registered scheme" (有關職業退休註冊計劃)

"vested benefit" (既有利益)

(1) In this Regulation, unless the context otherwise requires-

"exemption certificate" (豁免證明書)-

   (a)  in relation to Part II, means an exemption certificate issued under
        section 5(1);

   (b)  in relation to Part III, means an exemption certificate issued under
        section 16(1);

"existing member" (現有成員), in relation to an ORSO exempted scheme or
ORSO  registered scheme, means a relevant employee who became a member of the
scheme before or on the relevant date;

"mandatory condition" (強制性條件) means a condition referred to in
section  17 (1)(b);

"MPF scheme" (強制性公積金計劃) means a registered scheme;

"new eligible employee" (新的有資格僱員), in relation to an
ORSO exempted scheme or ORSO registered scheme, means a relevant employee who
is, or will become, eligible to be a member of the scheme;

"new member" (新成員), in relation to an ORSO exempted scheme or ORSO 
registered scheme, means a new eligible employee who became a member of the
scheme after the relevant date;

"original schemes" (原來的計劃), in relation to an
ORSO registered scheme, means 1 or more relevant ORSO registered schemes
referred to in section  14 (1);

"ORSO exempted scheme" (職業退休豁免計劃) means-

   (a)  an exempted scheme within the meaning of section 2 of the
        relevant Ordinance; or

   (b)  an occupational retirement scheme within the meaning of the
        relevant Ordinance where the employer of the scheme is the government
        of a place outside Hong Kong or an agency or undertaking of or by such
        a government which is not operated for the purpose of gain;

"ORSO registered scheme" (職業退休註冊計劃) means a registered scheme
within the meaning of section 2 of the relevant Ordinance;

"past service liability" (過去服務負債) has the same meaning as in
section 2 of the relevant Ordinance; (29 of 2002 s. 14)

"relevant date" (有關日期) means the date on which section 7 of the
Ordinance comes into operation;

"relevant employer" (有關僱主), in relation to an ORSO exempted scheme or
ORSO  registered scheme-

   (a)  means the employer who provides the employment which entitles or
        enables the relevant employee to be a member of the scheme; and

   (b)  in the case of an ORSO exempted scheme or ORSO registered  scheme
        which is a group scheme under section 67 of the relevant Ordinance,
        includes the representative employer of the scheme;

"relevant Ordinance" (有關條例) means the Occupational Retirement Schemes
Ordinance ( Cap 426);

"relevant ORSO registered scheme" (有關職業退休註冊計劃) means an
ORSO registered  scheme-

   (a)  which is governed by a trust;

   (b)  which provides benefits payable on termination of service, death,
        disability, retirement or winding up of the scheme;

   (c)  established before or on 15 October 1995; and

   (d)  in respect of which an application under section 7 or 15 of the
        relevant Ordinance was received by the Registrar within the meaning of
        that Ordinance not later than 15 January 1996.

"vested benefit" (既有利益) has the same meaning as in section 2 of the
relevant Ordinance. (29 of 2002 s. 14)

(2) An ORSO registered scheme to which a certificate issued under
section 14(1) relates shall be deemed to be a relevant ORSO registered 
scheme, and the provisions of the Ordinance and the other provisions of this
Regulation shall apply accordingly.

(3) For the avoidance of doubt, it is hereby declared that the provisions of
this Regulation shall apply to and in relation to an ORSO  registered scheme
where there is no contract of employment between a member of the scheme and a
person who makes contributions to the scheme on behalf of the member in the
same way as the provisions of this Regulation apply to and in relation to an
ORSO registered scheme where there is a contract of employment between a
member of the scheme and the person who makes contributions to the scheme on
behalf of the member.

(4) Where an existing member of an ORSO exempted scheme, or of an
ORSO registered scheme, ("original scheme") the subject of an exemption
certificate is transferred to another scheme ("new scheme") where-

   (a)  the new scheme is-

        (i)    an ORSO registered scheme the subject of an exemption 
               certificate; and

        (ii)   the subject of a certificate referred to in section 14(1);

   (b)  the new scheme is-

        (i)    operated by the same employer; and

        (ii)   an ORSO exempted scheme, or an ORSO registered scheme, the
               subject of an exemption certificate;

   (c)  the new scheme is-

        (i)    operated by a different employer in the circumstances specified
               in section 70A(6)(a) of the relevant Ordinance; and

        (ii)   an ORSO exempted scheme, or an ORSO registered scheme, the
               subject of an exemption certificate; or

   (d)  the new scheme is-

        (i)    operated by an associated company in the circumstances
               specified in section 70A(6)(b) of the relevant Ordinance; and

        (ii)   an ORSO exempted scheme, or an ORSO registered scheme, the
               subject of an exemption certificate, then the member shall be
               treated as an existing member of the new scheme if-

   (e)  no benefits have been or are to be paid under the original  scheme to
        the existing member as a result of the transfer;

   (f)  an amount not less than the past service liability of the
        existing member has been or is to be transferred from the
        original scheme to the new scheme as a result of the transfer;

   (g)  the value of vested benefit and the value of past service  liability
        in respect of benefit entitlement conferred by or to be conferred by
        the new scheme to the existing member at the time immediately after
        the transfer will not, as a result of the transfer, be less than the
        value of vested benefit and the value of past service liability
        respectively of the member under the original scheme immediately
        before the transfer;

   (h)  the period of employment of the existing member during which he is a
        member of the original scheme is recognized under the new scheme; and

   (i)  in any case where section 70A(6)(a) or (b) of the relevant  Ordinance
        is applicable to the transfer, that section has been complied with and
        no benefits held in an occupational retirement scheme in respect of
        the person have been paid in accordance with section 70A(6) of the
        relevant Ordinance to the person or the previous owner or the company
        concerned. (29 of 2002 s. 14)