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Pension Services Home Latest News Legislation Update


Gazetted on 15 February 2002
Gazetted on 19 July 2002



Gazetted on 15 February 2002

Employees, self-employed persons and exempted expatriates aged under 18 or over 65 can join and make voluntary contributions to MPF scheme.
In order for an expatriate to be exempt from joining an MPF scheme, the period during which the person is given permission to work in Hong Kong should not exceed 13 months.


Gazetted on 19 July 2002

Minimum relevant income level for monthly paid employees
Relevant income level for non-casual employees who are paid more than once in a month
Relevant income level for non-casual employees who are irregularly remunerated
Minimum relevant income level for self-employed person
Prosecution
Investment
Issue of default notice & surcharge computation
Simplification of the 30-day contribution holiday
Simplification of MPF contribution remittance arrangement
Arrangement for employees ceasing employment
Benefit payment on incapacitation
Publication of notices in respect of unclaimed benefits
Handling of the interest income earned from monies-in-transit
Notification of changes in business names
Intra-group transfer/Change of ownership
Transfer of existing members between MPF Exempted ORSO Schemes
Serving notices or document by post


Minimum relevant income level for monthly paid employees

Updated Legislation Effective Date
HK$5,000 per month
1 February 2003


Relevant income level for non-casual employees who are paid more than once in a month

Updated Legislation Effective Date
Minimum income level: HK$160 per day
Maximum income level: HK$650 per day
1 February 2003


Relevant income level for non-casual employees who are irregularly remunerated

Updated Legislation Effective Date
Min./Max. income level for a complete month:
HK$5,000/HK$20,000 per month

Min./Max. income level for an incomplete month:
HK$160/HK$650 per day
1 February 2003


Minimum relevant income level for self-employed persons

Updated Legislation Effective Date
HK$5,000 per month or HK$60,000 per year
1 February 2003


Prosecution

Updated Legislation Effective Date
The prosecution time bar has been extended to six months after the discovery of the offence by, or coming to the notice of the MPFA.
Failure to rectify the non-enrolment situation/non-payment of contribution after conviction is now a "continuing offence".
A daily fine can be imposed on employers who fail to take rectification after a conviction for non-enrolment.
19 July 2002


Investment

Updated Legislation Effective Date
Permit to invest up to 100% in an index-tracking collective investment scheme (ITCIS), subject to the following conditions:
the ITCIS must be authorised by the SFC, or listed on a recognised stock exchange; and
the ITCIS must be approved by the MPFA in accordance with the criteria set out in MPF Guidelines.
19 July 2002


Issue of default notice & surcharge computation

Updated Legislation Effective Date
MPFA issues one payment notice stipulating payment deadline.
A flat rate surcharge of 5% on amount in arrears.
Apply to contribution periods ending on or after 1 February 2003


Simplification of the 30-day contribution holiday

Updated Legislation Effective Date
For employees paid once a month or more frequently, their contributions for the first incomplete payroll cycle immediately following the 30-day contribution holiday will be waived.
For employees paid less than once a month (e.g. paid quarterly), their contributions for the first incomplete calendar month immediately following the 30-day contribution holiday will be waived.
1 February 2003


Simplification of MPF contribution remittance arrangement

Updated Legislation Effective Date
Contributions are still calculated & deducted for each payroll period.
Contributions for all payroll periods ending in a month can be remitted all together on or before 10th day of following calendar month.
1 February 2003


Arrangement for employees ceasing employment

Updated Legislation Effective Date
Employer could arrange for the last payment of the MPF contribution together with those of other employees.
Notify the trustee of the last date of employment of the employee concerned in the remittance statement.
1 February 2003


Benefit payment on incapacitation

Updated Legislation Effective Date
Member who is unemployed before becoming totally incapacitated are now eligible to claim for payment of accrued benefits.
Member may make statutory declaration for benefit payment purpose under the following circumstances:
  - unable to get a letter from his last employer certifying the termination of that contract of employment; or
  - unemployed for more than 7 years.
19 July 2002


Publication of notices in respect of unclaimed benefits

Updated Legislation Effective Date
Trustee requires to publish notice in newspapers once and supply information on lost members to MPFA.
MPFA to introduce a central register for public inspection.
1 February 2003


Handling of the interest income earned from monies-in-transit

Updated Legislation Effective Date
Allocation of interest to each member's account is not required.
Interest credited as scheme assets or for defraying scheme expenses.
19 July 2002


Notification of changes in business names

Updated Legislation Effective Date
Notice to trustee when changing business name within 30 days of the change.
Trustee to report to the MPFA in its Monthly Return.
MPFA to issue new participating certificate to the employer.
1 February 2003


Intra-group transfer/Change of Ownership

Updated Legislation Effective Date
If the previous employer's Severance Payment/Long Service Payment liability is assumed and the previous period of employment is recognised by the new employer, the new employer may elect to have the accrued benefits transferred to a scheme nominated by him.
The 30-day contribution holiday for employee does not apply anew.
19 July 2002


Transfer of existing members between MPF Exempted ORSO Schemes

Updated Legislation Effective Date
Retain "existing member" status under certain conditions upon transfer within a group.
19 July 2002


Serving notices or document by post

Updated Legislation Effective Date
Statutory documents can be sent via ordinary post except Membership Certificate and Participation Certificate.
19 July 2002




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