Employers

  1. Member Enrolment
  2. Termination
  3. Taxation
  4. Record Maintenance
  5. Others

Member Enrolment

What should I do if I decide to change the rules of my MPF exempted ORSO scheme that will result in the reduction of future benefits to my employees?
You will be required to offer all members in the scheme a one-time option between remaining in the MPF exempted ORSO scheme or joining an MPF scheme should the future benefits and rights of the members of an MPF exempted ORSO scheme be reduced as a result of change in scheme rules. Top

Termination

What should I do if I need to claim reimbursement of Severance Payments (“SP”)/Long Service Payments (“LSP”) I paid to the leaving employees?

You are required to submit the original Occupational Retirement Scheme Notification of Member Termination Form and a copy of receipt countersigned by both employer and leaving employee confirming the latter has received the SP/LSP.

If you have already made a claim for SP/LSP reimbursement in respect of the MPF benefits of the leaving employee from another trustee, you are also required to provide supporting document(s) stating the amount of SP/LSP offset by that trustee.

It is the responsibility of the employers not to duplicate their SP/LSP offset claim from both MPF and ORSO schemes should the schemes be managed by different trustees.

Top
Can the employer request AIAPT to pay the LSP first?
No. The employer is required by law to pay out LSP within 7 days of the termination date of the employee's contract. However, AIAPT has a longer timeline for processing of termination upon receipt of full supporting document from the employer and employee. Therefore, employer should pay LSP first and then apply for reimbursement from AIAPT.Top
Can the employer portion of an existing member's accrued benefits in an MPF exempted ORSO scheme be withheld in the event of summary dismissal?
Employers are not allowed to withhold in full the post-MPF portion of employers' funded benefits in the event of summary dismissal. While the minimum MPF benefits are required to be vested in the leaving members, the employers may instruct their trustee to withhold the pre-MPF employers' portion of accrued benefits in full and the amount out of employers' portion in excess of the minimum MPF benefits for post-MPF servicing years in the event of summary dismissal if the scheme rules so provide.Top
What is the “minimum MPF benefits”?

In relation to a member of a relevant scheme, the “minimum MPF benefits” is the lesser of

  • the vested benefits accrued during the years of post-MPF services; and
  • 1.2 x final average monthly relevant income (maximum: HK$20,000) x years of post-MPF service.

As required under the Regulation, the vested benefits of employees who join an MPF exempted ORSO scheme after the MPF commencement date ("New Members") will be subject to portability, withdrawal and preservation requirements up to an amount equivalent to the “minimum MPF benefits” upon cessation of employment. Such benefits are required to be transferred to and preserved in an MPF scheme.

For those members who joined the scheme on or before the MPF commencement date ("Existing Members"), their benefits vested will be calculated and withdrawn in accordance to the scheme rules. However, their “minimum MPF benefits” cannot be forfeited in the event of summary dismissal.

Top

Taxation

Do I enjoy any tax benefits for the contributions that I paid in respect of my employees?
Yes. For registered occupational retirement schemes and MPF schemes, as long as the employer’s total contributions do not exceed 15% of the employees' total annual emoluments, the employer's contributions are profits tax deductible.Top

Record Maintenance

When and how should I notify AIAPT with regard to record changes?

You should notify AIAPT in writing for the following changes of employer's information:

  • Business Name/Legal Entity
  • Registered/Correspondence Address
  • Contact Person
  • Phone/Fax Number

Please also provide relevant supporting document(s) where appropriate.

For changes of members’ information including change of monthly salary, division/department code, grade/benefit plan, please submit the “Notice of Change of Existing Member Form”.

Top
My ORSO scheme was frozen on 1 December 2000 (i.e. MPF commencement date) and I offered an MPF scheme to my employees. Do I still have to provide ORSO filing (i.e. Form A and Form B) to AIAPT?
According to the Occupational Retirement Schemes Ordinance, annual filing is an integral part of the on-going monitoring of all registered retirement schemes, no matter it is frozen or operating. Top
How can I check the balance of the employer portion of each of my employees' accounts?
Existing AIAPT ORSO clients may inquire their account information via the Interactive Website www.aiaprovidentfunds.com or the Interactive Voice Response (“IVR”) system at (852) 2100-1888. Top

Others

What should I do if I forget/lose my Internet/Interactive Voice Response (“IVR”) system password?
You can call our Employer Hotline (852) 2100-1888 to obtain the “Interactive Voice Response (“IVR”) System/Interactive Website Service Maintenance Form”, then complete, sign and return it with the company's authorized signature and company chop to apply for a new password. Top