Implications for Existing Members and New Eligible Employees 對現有成員及新的有資格僱員的影響

Existing Members Chosen to Remain in an MPF Exempted ORSO Registered Scheme 現有成員選擇留在獲強積金法例豁免的職業退休

Once an ORSO registered scheme receives MPF exemption, an existing member who stays in it is exempt from the preservation, portability and withdrawal requirements for minimum MPF benefits, covering both existing and future benefits. This treatment depends on existing member status; new members of the same scheme face different requirements.

An existing member leaving employment before retirement age may therefore be able to receive the relevant termination benefit in cash. Entitlement still depends on the scheme’s governing rules or trust deed, so MPF exemption alone does not establish a right to immediate payment of the entire balance.

Even if an existing member is dismissed for cause, the trustee cannot forfeit that member’s minimum MPF benefits on that ground. The same protection against forfeiture applies to new members. [MPFA: ORSO employer FAQs](https://www.mpfa.org.hk/en/info-centre/faq/employer/orso-employer)

Existing Members Chosen to Join an MPF Scheme 現有成員選擇參加強積金計劃

When an existing member chooses an MPF scheme, the employer and employee must make mandatory contributions under MPF legislation. For monthly paid employees, the normal rate is 5% of the employee’s relevant income from each side, subject to the current monthly minimum income level of HK$7,100 and maximum of HK$30,000.

Below HK$7,100 a month, the employee need not make mandatory contributions, but the employer still contributes 5% of actual relevant income. Above HK$30,000 a month, each side’s monthly mandatory contribution is HK$1,500. [MPFA: employee contributions](https://www.mpfa.org.hk/en/mpf-system/mandatory-contributions/employees)

Choosing MPF does not automatically release the accrued ORSO benefits as cash or transfer them into MPF. Under the Mandatory Provident Fund Schemes (Exemption) Regulation, those benefits normally stay in the original scheme until the member becomes entitled to receive them; different treatment requires both the member’s consent and permission under the original scheme’s governing rules. [MPFA Guidelines V.3](https://www.mpfa.org.hk/en/info-centre/laws-and-regulations/~/~/-/media/b60c37dd5b144ee092d79b328e596934.ashx)

New Eligible Employees Chosen to Join an MPF Exempted ORSO Registered Scheme 新的有資格僱員選擇參加獲強積金法例豁免的職

A new eligible employee who joins such a scheme as a new member must comply with the preservation, portability and withdrawal requirements for minimum MPF benefits. These benefits are normally preserved until age 65; payment is also permitted, subject to the relevant statutory conditions, on early retirement at age 60, permanent departure from Hong Kong, total incapacity, terminal illness or death.

When a new member changes employment, minimum MPF benefits must be transferred to an MPF scheme, subject to statutory exceptions. Leaving employment alone does not allow cash withdrawal. The trustee also cannot forfeit a new member’s minimum MPF benefits upon dismissal for cause.

Calculate minimum MPF benefits by comparing two amounts and taking the lower: first, the member’s benefits accrued and held in the scheme while its exemption certificate applied; second, 1.2 × final average monthly relevant income, subject to the applicable cap, × years of post-MPF service. The formula result is therefore not necessarily the protected amount: it must still be compared with the first amount.

The cap on final average monthly relevant income is HK$20,000 on or before 31 May 2012; HK$25,000 from 1 June 2012 to 31 May 2014, both dates inclusive; and HK$30,000 on or after 1 June 2014. Apply the relevant cap before multiplying by 1.2 and the service period, then compare the two amounts. [MPFA: minimum MPF benefits](https://www.mpfa.org.hk/orso/statutory-requirements-for-exemption/minimum-mpf-benefits)