- MPFA
-
MPF System
- Background
- Types of MPF Schemes
- MPF Coverage
- Enrolment and Termination
- Mandatory Contributions
- Voluntary Contributions / Tax Deductible Voluntary Contributions
- MPF Tax Matters
- MPF Account Management
- Withdrawal of MPF
- Arrangements for Offsetting Long Service Payment and Severance Payment
- Anniversaries of MPF System
- MPF Investment
- ORSO
- Supervision
- Enforcement
- eMPF Platform
Info Center
Press Releases
- Your Position
- Homepage
- Information Centre
- Press Releases
- Criminal offence for false claim for early withdrawal of MPF benefits
Share
-
Facebook
-
LinkedIn
-
WhatsApp
-
Email
-
Copy Address
URL copied! -
Print This Page
Criminal offence for false claim for early withdrawal of MPF benefits
The Mandatory Provident Fund Schemes Authority (MPFA) reminds members of Mandatory Provident Fund Schemes (MPF) and Occupational Retirement Schemes (ORSO schemes) not to make false claims for early withdrawal of MPF benefits.
A member of an ORSO scheme had earlier been convicted under the Crimes Ordinance for making a false statement in a document given to his ORSO trustee to apply for early withdrawal of his minimum MPF benefits (MMBs)1. He was sentenced to immediate imprisonment of three weeks in November 2016.
In his application to his ORSO trustee in February 2016 for early withdrawal of MMBs on the ground of permanent departure from Hong Kong, the member declared that he had never made any such previous claim. However, according to the MPFA’s records, the member had withdrawn his MPF benefits on the same ground in 2015. The MPFA therefore referred the case to the police for further investigation.
This is the first case of an ORSO scheme member sentenced to imprisonment for making a false statement to apply for early withdrawal of MMBs.
According to existing legislation, MPF or ORSO scheme members who apply for early withdrawal of their MPF or MMBs on the ground of permanent departure from Hong Kong have to make a statutory declaration that they have not been previously paid any MPF benefits or MMBs on the same ground. It is an offence for an MPF or ORSO scheme member to make a false claim and may result in imprisonment or a fine upon conviction.
In 2015-16, two ORSO scheme members were convicted for making false statements; one was sentenced to 80 hours of community service and the other was fined $4,000.
– Ends –
17 January 2017
A member of an ORSO scheme had earlier been convicted under the Crimes Ordinance for making a false statement in a document given to his ORSO trustee to apply for early withdrawal of his minimum MPF benefits (MMBs)1. He was sentenced to immediate imprisonment of three weeks in November 2016.
In his application to his ORSO trustee in February 2016 for early withdrawal of MMBs on the ground of permanent departure from Hong Kong, the member declared that he had never made any such previous claim. However, according to the MPFA’s records, the member had withdrawn his MPF benefits on the same ground in 2015. The MPFA therefore referred the case to the police for further investigation.
This is the first case of an ORSO scheme member sentenced to imprisonment for making a false statement to apply for early withdrawal of MMBs.
According to existing legislation, MPF or ORSO scheme members who apply for early withdrawal of their MPF or MMBs on the ground of permanent departure from Hong Kong have to make a statutory declaration that they have not been previously paid any MPF benefits or MMBs on the same ground. It is an offence for an MPF or ORSO scheme member to make a false claim and may result in imprisonment or a fine upon conviction.
In 2015-16, two ORSO scheme members were convicted for making false statements; one was sentenced to 80 hours of community service and the other was fined $4,000.
– Ends –
17 January 2017
1According to the Mandatory Provident Fund Schemes (Exemption) Regulation, when members of MPF-exempted ORSO schemes cease employment, their MMBs, which is calculated according to a statutory formula, must be transferred from the ORSO scheme to an MPF account to ensure their preservation for the members’ future retirement needs. Just as with MPF benefits, the withdrawal of MMBs is subject to statutory requirements. ORSO scheme members who will depart from Hong Kong permanently may rely on this ground to make an early withdrawal of their MMBs or MPF benefits only once in their lifetime.
