【法规名称】
【法规编号】 79843 什么是编号？
【正 文】
第12页 CAP 485B MANDATORY PROVIDENT FUND SCHEMES (EXEMPTION) REGULATION
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[接上页] (a) evidence satisfactory to the trustee that the member has attained the retirement age specified in Schedule 7 to the Ordinance; and (b) a statutory declaration, in the form referred to in section 15(2) of the Ordinance, that he has permanently ceased his employment or self-employment.(6) Subject to subsections (7) and (8), a new member of a relevant scheme is eligible to withdraw his minimum MPF benefits if he has departed, or is about to depart, from Hong Kong permanently. (7) A new member of a relevant scheme who has been paid accrued benefits from a registered scheme or minimum MPF benefits from a relevant scheme on the ground that, on a specified date, the member departed, or was about to depart, from Hong Kong permanently is not entitled to be paid the member's accrued benefits from another registered scheme or minimum MPF benefits from another relevant scheme on the ground that, on a later date, the person purports to have departed, or to be about to depart, from Hong Kong permanently. (8) For the purposes of subsection (6), a new member of a relevant scheme shall provide, in a form provided or approved by the Authority- (a) evidence satisfactory to the trustee of the scheme that the new member is permitted to reside in a place other than Hong Kong; and (b) a statutory declaration made by the new member to the trustee that- (i) he departed, or will depart, from Hong Kong permanently on a specified date; and (ii) he has never before withdrawn minimum MPF benefits from any other relevant scheme or accrued benefits from a registered scheme on the ground of permanent departure from Hong Kong.(9) A new member of a relevant scheme is eligible to withdraw his minimum MPF benefits on the ground of total incapacity if he lodges with the trustee of the scheme a claim in a form provided or approved by the Authority together with- (a) a certificate signed by a registered medical practitioner certifying that the member is permanently unfit to perform the kind of work that the member was performing for the employer; and (b) a letter from the member's employer certifying that the contract of employment for that kind of work has been or will be terminated.(10) If a new member of a relevant scheme dies before attaining retirement age, a personal representative of the member, or any other person specified in the governing rules of the scheme for the purposes of this section, may lodge with the trustee of the scheme a claim for payment of the deceased member's minimum MPF benefits in accordance with those governing rules. (11) A claim referred to in subsection (10) shall be accompanied by evidence satisfactory to the trustee of the relevant scheme that the claimant is a personal representative of the deceased new member concerned of the scheme or any other person specified in the governing rules of the scheme for the purposes of this section. (12) When a new member of a relevant scheme is eligible for severance payment or long service payment under the Employment Ordinance (Cap 57) upon termination of employment with his employer, the employer may make use of the part of the new member's minimum MPF benefits derived from the employer's contributions, including the employer's portion transferred from another relevant scheme, if any, to offset any such payment. 7. Treatment of accrued rights of members who join registered scheme(1) Subject to subsection (3), the governing rules of a relevant scheme shall provide for the treatment of the accrued rights under the relevant scheme in respect of an existing member who has become a member of a registered scheme as follows- (a) for a defined contribution scheme- (i) the accrued rights of the member shall be retained in the relevant scheme and continue to be credited with investment income until he is entitled to receive any benefits from the relevant scheme upon the occurrence of an event specified in the governing rules of the relevant scheme which causes such benefits to be paid; and (ii) if the relevant scheme provides benefits upon termination of service which relate to a member of the relevant scheme's period of service or age, or any combination thereof, when the member is entitled to receive any benefits from the relevant scheme due to termination of service- (A) and period of service only is applicable, both his period of service under the relevant scheme as an existing member and his period of service after he became a member of the registered scheme shall be used in determining his benefit entitlements; (B) and age only is applicable, his age at the time of such termination shall be used in determining his benefit entitlements; (C) and a combination of period of service and age are applicable, sub-subparagraphs (A) and (B) shall apply as appropriate in determining his benefit entitlements;(b) for a defined benefit scheme- (i) the accrued rights of the member shall be retained in the scheme until he is entitled to receive any benefits from the scheme upon the occurrence of an event specified in the governing rules of the scheme which causes such benefits to be paid; |
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