Statutory Payment Liability and the Meaning of Offsetting 法定支付責任與抵銷的含義
Long service payment (LSP) and severance payment (SP) are payment obligations of employers under the Employment Ordinance (Cap. 57). Entitlement depends on the circumstances specified in that Ordinance; leaving employment does not automatically create an entitlement.
Offsetting allows an employer, within statutory limits, to use MPF accrued benefits derived from its contributions against LSP/SP payable. Before abolition, benefits from both employer mandatory and voluntary contributions could be used; benefits derived from the employee's own contributions are outside the sources available to the employer for offsetting.
The Transition Date: Service Period and Contribution Source 過渡日:分清服務期與供款來源
Abolition of the MPF offsetting arrangement took effect on 1 May 2025, the transition date. The pre-transition portion is LSP/SP attributable to service before that date; the post-transition portion relates to service on or after that date.
For the pre-transition portion, the employer may continue to use benefits derived from its mandatory or voluntary contributions. Those contributions may have been made before, on or after the transition date, so the contribution date alone does not determine whether offsetting is allowed.
For the post-transition portion, benefits from employer mandatory contributions cannot be used, even if the contributions were made before the transition date. Benefits from employer voluntary contributions remain available for both portions. [MPFA: Arrangements for Offsetting Long Service Payment and Severance Payment](https://www.mpfa.org.hk/en/mpf-system/long-service-and-severance-payments)
Employer Reimbursement Procedure and Limits 僱主申請發還的程序與限額
After paying LSP/SP to an employee, the employer should submit a reimbursement request to the eMPF Platform as soon as possible, for the trustee to process the amount lawfully available for offsetting. Offsetting does not remove the employer's duty to meet the other Employment Ordinance requirements concerning the payment.
Reimbursement is limited by both the amount already paid that may lawfully be offset and the available eligible accrued benefits. For example, if the employer has paid a pre-transition LSP portion of HK$40,000 and benefits from its mandatory contributions total HK$55,000, reimbursement cannot exceed HK$40,000; the remaining HK$15,000 stays as the employee's MPF benefits.
Remaining Benefits and Voluntary Contributions 抵銷後的餘額與自願性供款
After offsetting, remaining benefits from employer mandatory contributions must be transferred, together with benefits from employee mandatory contributions, to the new employer's contribution account or a personal account in an MPF scheme designated by the employee, and preserved for retirement. Leaving employment or completing an offset does not itself allow the balance to be withdrawn in cash.
The employee's own voluntary contributions are dealt with under the scheme's governing rules, which determine whether withdrawal is available. Distinguish the availability of benefits from employer voluntary contributions for offsetting from the employee's ability to withdraw their own voluntary contributions.
Practice
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