Cap 485B s 4 Existing members and new eligible employees to elect between ORSO exempted

Contents of Section

Chapter:	485B	Title:	MANDATORY PROVIDENT FUND SCHEMES (EXEMPTION) REGULATION	Gazette Number:	L.N. 203 of 1998; L.N. 68 of 1999
Section:	4	Heading:	Existing members and new eligible employees to elect between ORSO exempted scheme and MPF scheme	Version Date:	03/01/2000

(1) Subject to subsections (5) and (6), the relevant employer of an ORSO exempted scheme shall, as soon as practicable after making an application under section 5-

(a) in the case of an existing member, not later than-

(i) 50 days before the relevant date; or

(ii) 10 days after he became a relevant employee,

whichever is the later;

(b) in the case of a new eligible employee, not later than 10 days after the employee became such an employee,

provide the member or employee, as the case may be, with, subject to subsection (8), the information specified in Part 1 of Schedule 1 in relation to-

(i) the ORSO exempted scheme; and

(ii) the MPF scheme which the member or employee, as the case may be, is entitled or enabled to become a member thereof by virtue of his employment,

in the Chinese and English languages.
(2) Subject to subsection (5), an existing member shall give notice in writing to the relevant employer-

(a) not later than 30 days-

(i) before the relevant date; or

(ii) after he became a relevant employee,

whichever is the later; and

(b) advising the employer that the member elects-

(i) to remain as a member of the ORSO exempted scheme; or

(ii) to become a member of the MPF scheme.

(3) Subject to subsection (6), a new eligible employee shall give notice in writing to the relevant employer-

(a) not later than 30 days after the employee became such an employee; and

(b) advising the employer that the employee elects to become a member of-

(i) the ORSO exempted scheme; or

(ii) the MPF scheme.

(4) Subject to subsection (7), an existing member or new eligible employee who fails to make an election under subsection (2) or (3), as the case may be, within the period prescribed under that subsection shall be deemed to have elected to become a member of the MPF scheme and, in any such case, the provisions of the Ordinance and the other provisions of this Regulation shall apply accordingly.
(5) Subsections (1) and (2) shall not apply in the case of an existing member of the ORSO exempted scheme who is required by an enactment of a place outside Hong Kong to-

(a) remain as a member of the scheme; and

(b) make contributions to the scheme in relation to his employment by the relevant employer of the scheme.

(6) Subsections (1) and (3) shall not apply in the case of a new eligible employee who is required by an enactment of a place outside Hong Kong to-

(a) become a member of the ORSO exempted scheme; and

(b) make contributions to the scheme in relation to his employment by the relevant employer of the scheme.

(7) Subsection (4) shall not apply in the case of an existing member or new eligible employee to which subsection (2) or (3), as the case may be, does not apply by virtue of subsection (5) or (6) respectively.
(8) The Authority may, subject to such conditions as the Authority thinks fit, by notice in writing (published in such manner as the Authority thinks fit) waive or modify any of the provisions of Part 1 of Schedule 1 in the case of-

(a) a particular ORSO exempted scheme specified in the notice;

(b) an ORSO exempted scheme belonging to a class of ORSO exempted schemes specified in the notice;

(d) a relevant employer belonging to a class of relevant employers specified in the notice.