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【法规名称】 
【法规编号】 79843  什么是编号?
【正  文】

第9页 CAP 485B MANDATORY PROVIDENT FUND SCHEMES (EXEMPTION) REGULATION

[接上页]

  (c) whether the law of Hong Kong governs the scheme;
  
  (d) if the law of Hong Kong does not govern the scheme, the name of the place outside Hong Kong the law of which governs the scheme;
  
  (e) particulars of the benefit structure of the scheme, including-
  
  (i) in the case of a defined benefit scheme within the meaning of section 2 of the relevant Ordinance-
  
  (A) the formula for calculating the amount of a benefit under the scheme;
  
  (B) the income to which that formula applies; and
  
  (C) the required level of contributions, if any, of a member of the scheme;(ii) in the case of a defined contribution scheme within the meaning of section 2 of the relevant Ordinance, the required level of contributions to the scheme's funds to be made-
  
  (A) by a member of the scheme; and
  
  (B) in respect of a member of the scheme;(iii) particulars clearly identifying the income-
  
  (A) from which a member of the scheme is required to make contributions;
  
  (B) from which contributions in respect of the member are required to be made; and(iv) the portability and preservation of benefits, or the vesting rights, under the scheme.
  
  3. The name of the administrator, within the meaning of section 2 of the relevant Ordinance, of the ORSO exempted scheme.
  
  4. The name of the trustee of the MPF scheme.
  
  5. The rights that an existing member would have under the ORSO exempted scheme if he elects to become a member of the MPF scheme.
  
  6. A statement advising the existing member of the relevant date referred to in section 4(2)(a) of this Regulation.
  
  7. The address and telephone and fascimile numbers of a person who can, on behalf of the relevant employer, respond to any questions the existing member or new eligible employee may have concerning the ORSO exempted scheme and MPF scheme.
  
  PART 2
  
  RELEVANT ORSO REGISTERED SCHEME AND MPF SCHEME1. A statement-
  
  (a) to the effect that the existing member or new eligible employee has a once only choice to remain or become a member of the relevant ORSO registered scheme or to become a member of the MPF scheme; and
  
  (b) advising the existing member or new eligible employee-
  
  (i) of the date before which that choice must be made; and
  
  (ii) that if that date passes without the relevant employer having been notified of that choice, the existing member or new eligible employee will be deemed to have chosen the MPF scheme.
  
  2. The following in relation to both the relevant ORSO registered scheme and the MPF scheme-
  
  (a) whether the law of Hong Kong governs the scheme;
  
  (b) if the law of Hong Kong does not govern the scheme, the name of the place outside Hong Kong the law of which governs the scheme;
  
  (c) particulars of the benefit structure of the scheme, including-
  
  (i) in the case of a defined benefit scheme within the meaning of section 2 of the relevant Ordinance-
  
  (A) the formula for calculating the amount of a benefit under the scheme;
  
  (B) the income to which that formula applies; and
  
  (C) the required level of contributions, if any, of a member of the scheme;(ii) in the case of a defined contribution scheme within the meaning of section 2 of the relevant Ordinance, the required level of contributions to the scheme's funds to be made-
  
  (A) by a member of the scheme; and
  
  (B) in respect of a member of the scheme;(iii) particulars clearly identifying the income-
  
  (A) from which a member of the scheme is required to make contributions;
  
  (B) from which contributions in respect of the member are required to be made; and(iv) the portability and preservation of benefits, or the vesting rights, under the scheme;(d) if applicable, the investment choices available to members of the scheme;
  
  (e) the person who bears the investment risk under the scheme;
  
  (f) the name of the trustee of the scheme;
  
  (g) particulars of the scheme's administrative costs and the bearer of those costs.
  
  3. The compensation fund coverage for the MPF scheme.
  
  4. The rights that an existing member would have under the relevant ORSO registered scheme if he elects to become a member of the MPF scheme.
  
  5. Illustrative examples to demonstrate the differences in benefits between the relevant ORSO registered scheme and the MPF scheme.
  
  6. The treatment of the accrued rights (as defined in section 2 of the relevant Ordinance) of an existing member of the relevant ORSO registered scheme who elects to become a member of the MPF scheme.
  
  7. Subject to the governing rules of the relevant ORSO registered scheme, the relevant employer's rights under the scheme to-
  
  (a) reduce benefits or contributions levels for future services;
  
  (b) close membership of the scheme to new employees;
  
  (c) withhold benefits under the scheme from a member who has been lawfully dismissed from employment;
  
  (d) wind up the scheme.
  
  8. A statement advising the existing member of the relevant date referred to in section 15(2)(a) of this Regulation.
  
  9. The address and telephone and fascimile numbers of a person who can, on behalf of the relevant employer, respond to any questions the existing member or new eligible employee may have concerning the relevant ORSO registered scheme and MPF scheme.
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