Exemption Criteria 豁免準則

Identify the Eligible Scheme Category 先辨認計劃的法定類別

Start by checking whether the scheme falls within either statutory category defined in the Mandatory Provident Fund Schemes (Exemption) Regulation: an ORSO exempted scheme or a relevant ORSO registered scheme. Providing retirement benefits alone does not establish eligibility for MPF exemption.

The specified category is only one eligibility requirement; other exemption criteria may also apply. Keep ORSO exempted status separate from MPF exemption: the description “ORSO exempted scheme” does not itself establish that MPF exemption has been granted. [MPFA Study Notes, Tenth Edition, 6.3](https://www.mpfa.org.hk/en/-/media/files/supervision/mpf-intermediaries/registration-requirements/study_notes_10th_v1_eng.pdf#page=95)

Application Deadline and Successor Scheme Exception 申請期限與後繼計劃例外

The general deadline for MPF exemption applications was 3 May 2000. Focus on when the application was submitted: establishing a scheme before that date does not, by itself, allow a later application to succeed.

For the successor scheme exception, check both the predecessor and the reason for establishing the successor. The scheme must succeed a relevant ORSO registered scheme and arise from scheme restructuring or a bona fide business transaction. Such transactions include company amalgamation, restructuring and joint ventures.

A successor scheme meeting these conditions may be granted MPF exemption despite applying after 3 May 2000. The exception permits consideration of a qualifying application; restructuring or a business transaction does not automatically confer exemption. [MPFA Study Notes, Tenth Edition, 6.3](https://www.mpfa.org.hk/en/-/media/files/supervision/mpf-intermediaries/registration-requirements/study_notes_10th_v1_eng.pdf#page=95)

Existing Members Transferred to a Successor Scheme 轉入後繼計劃的現有成員

Exemption for the scheme and retention of a member’s status are related but separate matters. Once the successor scheme successfully obtains MPF exemption, existing members transferred from an MPF exempted ORSO scheme may retain their existing member status under the successor.

Retaining that status means those members are not bound by the minimum MPF benefits provisions. Check the member’s original status and whether the successor has obtained MPF exemption; joining a successor scheme does not automatically give every member existing member status. [MPFA Study Notes, Tenth Edition, 6.3](https://www.mpfa.org.hk/en/-/media/files/supervision/mpf-intermediaries/registration-requirements/study_notes_10th_v1_eng.pdf#page=95)

Requirements That Continue After Exemption 獲豁免後仍須遵守的規定

An ORSO scheme with MPF exemption must still meet applicable requirements under the Occupational Retirement Schemes Ordinance, together with additional requirements under the Exemption Regulation. Exemption does not remove regulatory oversight.

Remember the direction of the comparison: under the Exemption Regulation, an MPF exempted ORSO registered scheme faces more onerous requirements than an MPF exempted ORSO exempted scheme. [MPFA Study Notes, Tenth Edition, 6.3](https://www.mpfa.org.hk/en/-/media/files/supervision/mpf-intermediaries/registration-requirements/study_notes_10th_v1_eng.pdf#page=95)