Page:Mandatory Provident Fund Schemes Ordinance (Cap. 485).pdf/13

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A2160
Ord. No. 80 of 1995
MANDATORY PROVIDENT FUND SCHEMES
(b) no relevant employee or self-employed person shall have any right or entitlement to those accrued benefits otherwise than in accordance with the provisions of this Ordinance.

14. Portability or transferability of accrued benefits

(1) Where a relevant person changes or ceases employment, then the relevant person, his former employer (if applicable), his new employer (if applicable) and the trustees of the registered schemes concerned shall, for the purpose of transferring accrued benefits to, from and between registered schemes or, alternatively, for the purpose of retaining accrued benefits within registered schemes which are master trust schemes, comply with regulations made under section 46 to achieve that purpose (as appropriate) as expeditiously as possible.

(2) The regulations referred to in subsection (1) may include requirements as to—

(a) the notifications to be made to the trustees of registered schemes by relevant persons, former employers and new employers in respect of changes or cessation of employment of relevant persons,
(b) the circumstances under which the trustee of a registered scheme may or shall transfer the relevant person's accrued benefits to the trustees of another registered scheme; and
(c) the procedures for transfers by, to and between the trustees of such registered schemes.

(3) In this section—

“employment” includes self-employment;

“relevant person” (有關人士) means—

(a) a former relevant employee who becomes a self-employed person;
(b) a former self-employed person who becomes a relevant employee; or
(c) a relevant employee.

15. Withdrawal of accrued benefits

(1) A scheme member who has attained retirement age shall, in relation to the registered scheme of which he is a scheme member, be entitled as of right to have paid to him by the trustee of that registered scheme the entirety of his accrued benefits in the registered scheme in a lump sum.

(2) A scheme member who has not attained retirement age but has attained the age specified in Schedule 7 and certifies to the trustee of the registered scheme of which he is a scheme member by statutory declaration in the form prescribed by the Authority in rules made under section 47 that he has