【法规名称】
【法规编号】 79847 什么是编号？
【正 文】
第10页 CAP 485 MANDATORY PROVIDENT FUND SCHEMES ORDINANCE
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[接上页] (b) to examine reports provided by the Authority and by approved trustees of industry schemes to ascertain whether or not those trustees are complying with the requirements and standards that apply to industry schemes; (c) to determine whether or not the provisions of this Ordinance that apply to industry schemes in particular are effective and, if they are found to be ineffective, to advise the Authority as to the measures that need to be taken to render them effective; (d) to advise the Authority as to ways in which the administration or operation of industry schemes could be improved; (e) to advise the Authority as to ways in which the interests of members of industry schemes could be protected or better protected.(2) The Industry Schemes Committee has such ancillary powers as may be necessary to enable it to exercise its functions. (3) The Industry Schemes Committee may exercise its functions at the request of the Authority or, with the approval of the Financial Secretary, on its own initiative. (Added 4 of 1998 s. 2) Cap 485 s 7 Employer to arrange for employees to become scheme members, etc. PART III CONTRIBUTIONS (1) Every employer of a relevant employee must take all practicable steps to ensure that the employee becomes a member of a registered scheme within the permitted period after the relevant time. (1A) Every employer of a relevant employee must take all practicable steps to ensure that, after the expiration of the permitted period- (a) if the employer has complied with subsection (1) in respect of the employee, the employee continues to be a member of a registered scheme throughout his employment with that employer; (b) if the employer has not complied with subsection (1) in respect of the employee, the employee becomes a member of a registered scheme and thereafter continues to be a member of a registered scheme throughout his employment with that employer. (Added 29 of 2002 s. 3)(2) Nothing in this section prevents an employer of 2 or more relevant employees from procuring for those employees membership in different registered schemes. (3) For the purposes of subsection (1)- (a) the permitted period is the period specified by the Authority by notice published in the Gazette for the purposes of this section; and (b) the relevant time is- (i) in the case of an employer who is employing a relevant employee at the commencement of this section, the time of that commencement; and (ii) in the case of an employer who enters into a contract of employment with a relevant employee after that commencement, the beginning of the date on which the employment begins. (Amended 2 of 2002 s. 6) (Replaced 4 of 1998 s. 2) Cap 485 s 7A Employer and relevant employees required to contribute to registered scheme Remarks: For the transitional provision relating to the amendments made by the Mandatory Provident Fund Schemes (Amendment) (No. 2) Ordinance 2002 (29 of 2002), see section 15 of that Ordinance. (1) An employer who, at the commencement of this section, is employing a relevant employee must, for each contribution period occurring after that commencement- (a) from the employer's own funds, contribute to the relevant registered scheme the amount determined in accordance with subsection (3); and (b) subject to subsection (7), deduct from the employee's relevant income for that period as a contribution by the employee to that scheme the amount determined in accordance with subsection (4).(2) An employer who enters into a contract of employment with a relevant employee after the commencement of this section must, for each contribution period occurring after the commencement of the employment- (a) from the employer's own funds, contribute to the relevant registered scheme the amount determined in accordance with subsection (3); and (b) subject to subsection (7), deduct from the employee's relevant income for that period as a contribution by the employee to the scheme the amount determined in accordance with subsection (4).(3) For the purposes of subsections (1)(a) and (2)(a), the amount to be contributed by an employer for a contribution period is- (a) in the case of a relevant employee (other than a casual employee who is a member of an industry scheme), an amount equal to the prescribed percentage of the employee's relevant income for that period; and (b) in the case of a casual employee who is a member of an industry scheme, an amount determined by reference to a scale specified in an order made in accordance with subsection (6).(4) For the purposes of subsections (1)(b) and (2)(b), the amount that an employer is required to deduct in respect of a relevant employee for a contribution period is- (a) in the case of a relevant employee (other than a casual employee who is a member of an industry scheme), an amount equal to the prescribed percentage of the employee's relevant income for that period; and (b) in the case of a casual employee who is a member of an industry scheme, an amount determined by reference to a scale specified in an order made in accordance with subsection (6).(5) For the purposes of subsections (3)(a) and (4)(a), the prescribed percentage is 5 per cent or, if some other percentage is prescribed by the regulations, that other percentage. The regulations may prescribe different percentages for those purposes. |
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