【法规名称】
【法规编号】 79845 什么是编号？
【正 文】
第10页 CAP 485A MANDATORY PROVIDENT FUND SCHEMES (GENERAL) REGULATION
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[接上页] Cap 485A s 30 Maintenance of valid performance guarantee (1) A valid performance guarantee of a kind referred to in section 23(6) must be maintained in respect of an approved trustee of a registered scheme who is a natural person. (2) On receipt of a notice referred to in section 23(7)(d), another performance guarantee that complies with section 23(7) and (8) must be obtained before the current guarantee terminates. Cap 485A s 31 Non-refusal of scheme applicants (1) An application for membership of a registered scheme that is made by or on behalf of a relevant employee of a participating employer, or by a self-employed person who is 18 years of age or over and below retirement age, must not be refused if that employee or person- (2 of 2002 s. 21) (a) provides or is willing to provide the information required by the approved trustee with respect to such applications for membership of the scheme; and (L.N. 223 of 2000) (b) agrees in writing to comply with the governing rules of the scheme.(1A) An application for participation in a registered scheme that is made by or on behalf of an employer must not be refused if that employer- (a) provides or is willing to provide the information required by the approved trustee with respect to applications for participation; and (b) agrees in writing to comply with the governing rules of the scheme. (L.N. 223 of 2000)(1B) An application for membership of a registered scheme that is made by a person only for the purpose of maintaining a preserved account within the scheme must not be refused if that person- (a) provides or is willing to provide the information required by the approved trustee with respect to such applications for membership of the scheme; and (b) agrees in writing to comply with the governing rules of the scheme. (L.N. 223 of 2000)(2) The following information must be disclosed to a person who is considering making an application to become a scheme member or participating employer- (L.N. 223 of 2000) (a) the requirements and information required for application for membership of or participation in the scheme; (L.N. 223 of 2000) (b) the governing rules of the scheme; (c) scheme information, including all of the fees and charges payable under the scheme.(3) The information referred to in subsection (2)(c) must include (but is not limited to) the actual amounts of the annual fees payable in respect of- (a) scheme members of the different income levels prescribed by the guidelines; and (b) participating employers of the different scales of operation prescribed by the guidelines.(4) A scheme applicant must be given a notice of acceptance within 30 days from the date on which the applicant submits all the information required for the application for membership of or participation in the scheme, or from the date on which the applicant agrees to observe and accept the governing rules of the scheme, whichever is the later. (L.N. 223 of 2000) (5) The membership of a scheme member may be terminated by the approved trustee only in accordance with the governing rules of the scheme and- (a) in the case of a scheme member who is a relevant employee, with the written agreement of that member or the participating employer of that member given not earlier than 60 days before the termination; or (b) in the case of a scheme member who is a self-employed person or former self-employed person, and who is 18 years of age or over and below retirement age, with the written agreement of that member given not earlier than 60 days before the termination. (L.N. 223 of 2000; 2 of 2002 s. 21)(6) The participation of an employer may be terminated by the approved trustee only in accordance with the governing rules of the scheme and with the written agreement of the participating employer given not earlier than 60 days before the termination. (L.N. 223 of 2000) (7) In respect of a scheme member whose accrued benefits are being or have been transferred pursuant to Part XII, no fees may be charged, no financial penalties may be imposed and no other restrictions or requirements shall be applied to prevent or to hinder the relevant participating employer or the scheme member from terminating his participation in the registered scheme of the transferor trustee or the liability to contribute to that registered scheme. (L.N. 223 of 2000) Cap 485A s 32 Acceptance of contributions and accrued benefits being transferred (1) All contributions paid to the approved trustee of a registered scheme in accordance with section 7A, 7C or 11 of the Ordinance by participating employers and by self-employed persons who are scheme members must be accepted. (2) Accrued benefits transferred to the scheme from another registered scheme in accordance with this Regulation, or from an occupational retirement scheme exempted under section 5 of the Ordinance, must also be accepted. Cap 485A s 33 Requirements with respect to voluntary contributions (1) Accrued benefits derived from the voluntary contributions must not be paid by the approved trustee of a registered scheme otherwise than by reference to those contributions and the income or profits derived from their investment. |
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