【法规名称】
【法规编号】 79843 什么是编号？
【正 文】
CAP 485B MANDATORY PROVIDENT FUND SCHEMES (EXEMPTION) REGULATION
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(Cap 485, sections 5 and 46) [3 January 2000] L.N. 68 of 1999 (L.N. 203 of 1998) Cap 485B s 1 (Omitted as spent) PART I PRELIMINARY (Omitted as spent) Cap 485B s 2 Interpretation (1) In this Regulation, unless the context otherwise requires- "exemption certificate" (豁免证明书)- (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" (现有成员), 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" (强制性条件) means a condition referred to in section 17(1)(b); "MPF scheme" (强制性公积金计划) means a registered scheme; "new eligible employee" (新的有资格雇员), 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" (新成员), 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" (原来的计划), in relation to an ORSO registered scheme, means 1 or more relevant ORSO registered schemes referred to in section 14(1); "ORSO exempted scheme" (职业退休豁免计划) 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" (职业退休注册计划) means a registered scheme within the meaning of section 2 of the relevant Ordinance; "past service liability" (过去服务负债) has the same meaning as in section 2 of the relevant Ordinance; (29 of 2002 s. 14) "relevant date" (有关日期) means the date on which section 7 of the Ordinance comes into operation; "relevant employer" (有关雇主), 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" (有关条例) means the Occupational Retirement Schemes Ordinance (Cap 426); "relevant ORSO registered scheme" (有关职业退休注册计划) 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 |
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