Information Centre

FAQ

MPF System

Enforcement

MPF Employers, Scheme Members and Self-Employed Persons

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1. Will the trustee* report to MPFA if the employer does not make contributions?

If the employer does not pay the mandatory contributions, the trustee* is required to report the default to MPFA (not applicable to Casual Employees). Upon receiving the trustee's report*, MPFA will take enforcement actions to recover the default contributions for the affected employee.



* MPF trustees and their schemes will get onboard the eMPF Platform in sequence one by one. When the scheme has got onboard to the Platform, eMPF Company will utilize the eMPF Platform to perform the administration of the scheme, provide scheme administration services to employer, scheme member and self-employed person and handle the service instructions. From then on, employer, scheme member and self-employed person can manage your MPF on the eMPF Platform and should no longer submit service instructions to MPF trustee; the eMPF Platform will provide the relevant information and/or documents to you directly. Please visit eMPF Website (www.empf.org.hk) for the onboarding timeline of MPF scheme(s) and the relevant information.
2. What happens if the employer fails to settle the payment of contributions?

If the employer fails to pay the mandatory contributions on time, trustee* is required to report the default to MPFA. Based on the report, MPFA will issue the “Payment Notice for MPF Contributions and Surcharge” to recover the default contributions and a surcharge, calculated at 5% of the default amount. If the employer fails to rectify the default contributions, MPFA may impose a financial penalty on the employer or initiate legal proceedings to recover the default contributions and surcharge on behalf of the affected employee.



* MPF trustees and their schemes will get onboard the eMPF Platform in sequence one by one. When the scheme has got onboard to the Platform, eMPF Company will utilize the eMPF Platform to perform the administration of the scheme, provide scheme administration services to employer, scheme member and self-employed person and handle the service instructions. From then on, employer, scheme member and self-employed person can manage your MPF on the eMPF Platform and should no longer submit service instructions to MPF trustee; the eMPF Platform will provide the relevant information and/or documents to you directly. Please visit eMPF Website (www.empf.org.hk) for the onboarding timeline of MPF scheme(s) and the relevant information.
3. What should the employee do if the employer fails to pay MPF contributions for him/her?

Employee should first clarify with the employer or trustee* to see if it is a genuine default contribution. If default contribution is confirmed, the employee should lodge a complaint with MPFA as soon as possible. For more information, please refer to the “Complaints against Employers” .



* MPF trustees and their schemes will get onboard the eMPF Platform in sequence one by one. When the scheme has got onboard to the Platform, eMPF Company will utilize the eMPF Platform to perform the administration of the scheme, provide scheme administration services to employer, scheme member and self-employed person and handle the service instructions. From then on, employer, scheme member and self-employed person can manage your MPF on the eMPF Platform and should no longer submit service instructions to MPF trustee; the eMPF Platform will provide the relevant information and/or documents to you directly. Please visit eMPF Website (www.empf.org.hk) for the onboarding timeline of MPF scheme(s) and the relevant information.
4. How can the employee recovers contributions in arrears when the employer has become liquidated or bankrupt?

If the employer has become liquidated or bankrupted, the employee may lodge a complaint with MPFA and provide relevant information. MPFA will file claims with the Insolvency Officer or liquidator to recover the default contributions on behalf of the employee. If any payments are received from the liquidator, MPFA will pay the amount to the MPF trustee for allocation to the relevant employees' MPF accounts. 


5. What happens to the contributions in employees’ MPF accounts if the employer's business is being wound up?
Mandatory contributions paid into employee’s MPF account will be fully vested to the employee. Even if the employer closes the business, all contributions vested to the employees’ MPF accounts cannot be withdrawn by employer.
6. Why can’t MPFA recover voluntary contributions in arrears on behalf of scheme members?

Voluntary contributions are voluntary arrangement between the employer and employee, not employers’ obligations under MPFSO. Therefore, the statutory functions of MPFA do not cover the recovery of voluntary contributions in arrears on behalf of scheme members. 

7. What should the self-employed person do if he/she is no longer self-employed but still receives the “Notice for Outstanding MPF Contributions” from MPFA?

If a person is no longer self-employed, he/she should notify the trustee* as soon as possible to cease the self-employed person’s account and check whether there are outstanding contributions and surcharges.  If so, the default contributions and surcharge must be settled immediately.



* MPF trustees and their schemes will get onboard the eMPF Platform in sequence one by one. When the scheme has got onboard to the Platform, eMPF Company will utilize the eMPF Platform to perform the administration of the scheme, provide scheme administration services to employer, scheme member and self-employed person and handle the service instructions. From then on, employer, scheme member and self-employed person can manage your MPF on the eMPF Platform and should no longer submit service instructions to MPF trustee; the eMPF Platform will provide the relevant information and/or documents to you directly. Please visit eMPF Website (www.empf.org.hk) for the onboarding timeline of MPF scheme(s) and the relevant information.
8. What should the scheme member do if he/she received an unsolicited call to abet him/her in making a false statutory declaration for the early withdrawal on the ground of permanent departure from Hong Kong?

Scheme members should not be instigated by crime syndicates to make false declarations. Making false declaration is a criminal offence, and will be sentenced to imprisonment or fine. Be vigilant against unsolicited calls and do not disclose any personal information to any unknown third party. 

 

Please click here for more information.

ORSO Employers and Administrators

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1. What are the new enforcement powers provided to the Registrar after the ORSO was amended and came into operation on 26 June 2020?

The enforcement powers under sections 66C and 66D of the amended ORSO allow the Registrar to: 

 

  • investigate into suspected non-compliance with statutory requirements
  • require any person to provide information and assistance
  • require any person to attend an interview and answer questions

 

If there is any substantiated non-compliance, the Registrar would take appropriate enforcement actions.

 
2. What is the consequence if a person fails to comply with the Registrar’s investigation requirements?

According to section 66E of the amended ORSO, a person commits an offence if the person fails to comply with investigation requirements without reasonable excuse (or with intent to defraud). 

 

The maximum penalties are : 

  1. a fine at level 6 and imprisonment for six months on summary conviction; or
  2. a fine of $1,000,000 and imprisonment for seven years on conviction on indictment.
 

MPF Trustee / the eMPF Platform

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1. What are the roles of the MPFA in handling complaints related to MPF trustees / the eMPF Platform?

The MPFA attaches great importance to complaints lodged by the public and ensure that every complaint is handled in a proper and timely manner. Furthermore, MPFA will identify if there are any inadequacies in the operations of the MPF trustee or the eMPF Platform through the handling of complaints. MPFA will also supervise the operation of the eMPF Platform to ensure the integrity and stability of the system.

 

MPFA cannot and will not

  • interfere with MPF trustees’ commercial decisions;
  • instruct MPF trustees/ the eMPF Platform to compensate the complainant or determine the amount of compensation;
  • supervise the performance of constituent funds;
  • intervene in or adjudicate disputes about service quality between MPF trustees and their clients;
  • act as a financial or legal adviser; or
  • handle complaints unrelated to the operation of MPF schemes.
2. What will the MPFA do upon receipt of complaint from the complainant?

After receiving a complaint, MPFA will make a preliminary assessment based on the information provided by the complainant, including whether the matter falls within the jurisdiction of MPFA. MPFA will contact the complainant within 7 working days in accordance with established procedures to confirm receipt of the complaint and clarify the complaint (if necessary). MPFA will take appropriate actions to handle the case, depending on the nature and circumstances of the case, e.g.:


  • requiring the MPF trustee and/or the eMPF Platform to explain the matters directly to the complainant;
  • MPFA will also contact the relevant MPFA trustees and/or the eMPF Platform to follow up the complaint to ensure that the complaint is properly handled, and after following up, MPFA will provide a reply to the complainant regarding the case handling.
3. When will MPFA inform the complainant of the case result after receiving the complaint against an MPF trustees / the eMPF Platform-related complaint?

After receiving a complaint, MPFA will make a preliminary assessment based on the information provided by the complainant and will handle the complaint promptly in accordance with established procedures and will notify the complainant of the outcome upon completion of the case. The MPFA will make initial contact with the complainant by phone or in writing within 7 working days from the date of receiving the complaint.

 

During the course of handling the case, MPFA will update the complainant on the progress of the case at least once every two months.

4. If the MPFA identified that an MPF trustee / the eMPF Platform had inadequacies in its operations during the course of processing a complaint case, what will the MPFA do?
If the MPFA identified that an MPF trustee / the eMPF Platform had inadequacies in its operations during the course of processing a complaint case, the MPFA will take appropriate follow up action in accordance with established procedures.
5. Can a scheme member choose not to make any MPF fund choice? How will an MPF trustee invest for a scheme member who has not made any fund choice?

According to the MPF legislation, the MPF trustees must invest the accrued benefits of a scheme member according to the member’s investment mandate.

 

If a scheme member does not provide the MPF trustee with his/her fund choices, the contributions of a scheme member will be invested according to the Default Investment Strategy (DIS).

 

DIS has three key features including (i) Automatic reduction of investment risk as members approach retirement age (Automatic de-risking); (ii) Fee caps set at 0.95%; and (iii) Global investment for risk diversification.  The DIS is primarily designed for scheme members who do not choose MPF funds. It helps these scheme members manage their retirement savings over a period of several decades by providing them with a ready-made investment solution. The DIS will invest MPF benefits in different asset classes according to a pre-set proportion automatically so that scheme members do not need to worry about adjusting their MPF investment portfolios themselves. Other scheme members can also choose to invest according to the DIS.

6. After an employer enrols an employee into an MPF scheme, will the employee receive any confirmation?
After the employer enrols an employee into an MPF scheme, the employee will receive a notice of participation (Notice) to confirm his/her enrolment. The Notice will list out the name of the MPF scheme, the name and address of the MPF trustee, employee’s name and the issuance date of the Notice, etc.
7. How can a scheme member find out details of the investment portfolio of his/her MPF account?

An annual benefit statement about a scheme member’s MPF account details, such as fund portfolio, will be provided to each scheme member every year.

 

Scheme member may also enquire his/her MPF account details with the relevant MPF trustee.  After scheme member's MPF scheme has onboarded the eMPF Platform, scheme member can conveniently check his/her account details through the eMPF mobile app or web portal.

8. What is the difference between the investment portfolio and investment mandate of my MPF account?

You can refer to the following links to retrieve relevant information:

 

Changing Investment Portfolios


Tools and Documents on MPF investment

9. Under Employee Choice Arrangement (ECA), can a scheme member transfer his/her accrued benefits in his/her contribution account to another MPF scheme? How long an MPF trustee will take to process the transfer request?

Under ECA, a scheme member is allowed to transfer his/her accrued benefits derived from the employee’s mandatory contributions in his/her contribution account to another MPF scheme of his/her choice. The ECA transfer can only be made once in every calendar year.

 

Please go to MPFA’s “Trustee Service Comparative Platform” for the processing time for transfers of accrued benefits.

 

Please note that the accrued benefits derived from employer’s mandatory contributions in the contribution account are not transferrable under the ECA arrangement.

 For more information, you may refer to the following link.

10. Is a scheme member required to do anything about his/her MPF accrued benefits under his/her existing MPF account if he/she has ceased an employment?

If an employee ceases employment, the employer is required to notify the relevant MPF trustee of the cessation date of the employment. A self-employed person is required to notify the relevant MPF trustee if he/she ceases to be self-employed.


After the cessation of the employment or self-employment, the scheme member can:

(i) transfer his/her accrued benefits to a contribution account under the MPF scheme of his/her new employer;
(ii) retain his/her accrued benefits in a personal account under the same MPF scheme;
(iii) transfer his/her accrued benefits to his/her existing personal account under another MPF scheme if he/she has any; or

(iv) choose to not give any instructions, and the accrued benefits will be automatically transferred from the contribution account to a personal account under the same scheme within a specified period. 
11. How can a scheme member transfer his/her accrued benefits in his/her personal account to an MPF scheme of another MPF trustee? How long will it take to process the transfer request?

Regarding the arrangements for transfer of accrued benefits between MPF schemes, you may refer to the following link.

 

Please go to MPFA’s “Trustee Service Comparative Platform” for the processing time for transfers of accrued benefits.

 

12. What can I do if I do not agree with the result of my complaint against an MPF trustee / the eMPF Platform handled by the MPFA?
If a complainant does not agree with the case result, he/she may contact the case officer and provide relevant information and documents in support. The MPFA will review the case with reference to the information and documents provided and will inform the complainant of the result.
13. When will my MPF scheme onboard the eMPF Platform?

Please refer to the onboarding schedule of MPF schemes to the eMPF Platform via this link.

MPF intermediaries

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1. Has MPFA made any performance pledges for the time taken to complete follow-up actions when handling complaints about intermediaries?
As the content of each case varies, MPFA has not made any performance pledges for the time taken to complete follow-up actions. In general, MPFA will update the complainant on the progress of follow-up actions by telephone or in writing at least once every two months.
2. After receiving complaint from the complainant, how will MPFA handle it and follow up?

MPFA will make an initial assessment of all the information provided by the complainant. If the complaint involves MPF sales and marketing activities, it will be handled according to established procedures and MPFA will contact the complainant within seven working days after the complaint to request for case information, etc.

 

If the information reveals that the relevant intermediaries may be in breach of conduct requirements, MPFA will refer the case to the relevant frontline regulators (FRs), who will consider whether it is necessary to initiate investigation against the relevant intermediaries. After the FRs completes the investigation, MPFA will consider the information obtained by FRs (including the representation made by the intermediaries) and decide on the appropriate actions, such as a disciplinary order.

3. What is the role of MPFA in handling complaints related to intermediaries?

MPFA attaches great importance to complaints and regulates the conduct and compliance of intermediaries to protect the rights of scheme members or employers.


However, MPFA cannot interfere with the commercial decisions of the intermediaries, intervene in matters relating purely to service quality and are unrelated to MPF sales and marketing activities, or order intermediaries to pay compensations for disputes between intermediaries and scheme members.

4. How do scheme members file complaints about the marketing activities of MPF intermediaries?

If a scheme member believes that an MPF intermediary has not complied with the conduct requirements, or suspects an unregistered intermediary is conducting unregistered sales or marketing activities, the member can file a complaint with MPFA by mail, telephone, fax, email, or in person.

 

Post: Member Protection and Services Division, MPFA, Level 12, Tower 1, The Millennity, 98 How Ming Street, Kwun Tong, Hong Kong

Hotline: 2918 0102

Fax: 2259 8806

Email: mpfa@mpfa.org.hk

If members of the public need to visit the MPFA office in person (e.g. for submitting documents), please call our hotline (2918 0102) to make an appointment in advance.

5. If after an investigation, MPFA confirms that an intermediary has conducted sales and marketing activities illegally, what disciplinary actions will MPFA take? Will MPFA require the intermediary to compensate their clients?
If an intermediary has violated conduct requirements, MPFA can take disciplinary actions, including:

  • suspension or revocation of registration;
  • disqualification from registration;
  • public or private reprimand;
  • pecuniary penalty (a maximum fine of $10 million or three times the profit gained as a result of the failure, whichever is higher.

MPFA does not have statutory power to request an intermediary compensate a scheme member for MPF investment loss.

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