If the employer does not pay the required mandatory contributions, MPF trustee is required to report the default to MPFA (not applicable to Casual Employees). Upon receiving the trustee's report, MPFA:
If the employer has become insolvent, MPFA may collect relevant information from the employee and file claims with the Insolvency Officer or liquidator in accordance with the insolvency proceedings in the hope of recovering the default contributions on behalf of the employee. Upon receiving the sum from the liquidator, MPFA will pay the amount to the MPF trustee for allocation to the relevant employees' MPF accounts.
In distributing the money from the realization of assets of an insolvent employer, debts shall be paid in such order of priority as stipulated by law. Unpaid MPF contributions, in the distribution of the property of the company, shall be paid in priority (with other preferential payments) to all other debts.
Mandatory contributions paid to MPF schemes will be fully and immediately vested as accrued benefits in the scheme members and kept by the custodian. All accrued benefits in any MPF schemes will not be affected by the closure of the employer's business.
If a scheme member thinks that an MPF intermediary has not complied with the conduct requirements, or suspects an unregistered intermediary is conducting unregistered marketing or sales activities, he or she can lodge a complaint with the MPFA by mail, telephone, fax, email, or in person .
Post: Level 8, Tower 1, Kowloon Commerce Centre, 51 Kwai Cheong Road, Kwai Chung, New Territories
In person: MPFA offices
If an intermediary has violated the conduct requirements, MPFA can take disciplinary actions, including:
Last Revision Date: 17/03/2016