Page:Mandatory Provident Fund Schemes Ordinance (Cap. 485).pdf/6

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A2146
Ord. No. 80 of 1995
MANDATORY PROVIDENT FUND SCHEMES

“exempt person” (獲豁免人士) means a person or class of persons construed in accordance with section 4;

“governing rules” (管限規則), in relation to a registered scheme, means those rules and provisions contained in a trust instrument or other document relating thereto or that trust instrument and that other document taken together, and governing the establishment and operation of the registered scheme;

“master trust scheme” (集成信託計劃) means a registered scheme (other than a registered scheme which is an employer sponsored scheme) which is open to membership—

(a) to the relevant employees of more than one employer;
(b) to self-employed persons; or
(c) to other persons with accrued benefits in a registered scheme;

“maximum level of relevant income” (最高有關入息水平) means the level of relevant income specified in Schedule 2 above which level a statutory minimum contribution to a registered scheme is not required;

“minimum level of relevant income” (最低有關入息水平) means the level of relevant income specified in Schedule 3 below which level an employee or self-employed person has the option of not participating in a registered scheme;

“prescribed” (訂明) means prescribed in regulations made under section 46 or rules made under section 47, as the case may be;

“provident fund scheme” (公積金計劃) means a scheme governed by a trust—

(a) the terms of which are comprised in one or more instruments or agreements; and
(b) which provides benefits, in the form of a lump sum payment payable to the scheme member, or to the estate of a scheme member, as the case may be, on that scheme member attaining retirement age or in the event of his earlier death or otherwise in accordance with regulations made under section 46,

and includes a proposed provident fund scheme;

“registered scheme” (註冊計劃) means a provident fund scheme registered under section 21;

“relevant employee” (有關僱員) means an employee of 18 years of age or over and below retirement age;

“relevant income” (有關入息) means—

(a) in the case of a relevant employee, any wages, salary, leave pay, fee, commission, bonus, gratuity, perquisite or allowance (other than a housing allowance or other housing benefit), expressed in monetary terms, paid or payable by an employer (directly or indirectly) to that relevant employee in consideration of his employment under that contract, but does not include severance payments or long service payments under the Employment Ordinance (Cap. 57);