On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 01/09/1995.
SECOND SCHEDULE
Municipal Provident Fund
1. For the purpose of the provisions contained in this Schedule —
“Minister” means the Minister for Finance;
“Municipal Provident Fund” means the Municipal Provident Fund —
(a)
established by the City Council under the provisions of the Municipal Ordinance (Cap. 133,1936 Ed); and
(b)
continued and deemed to have been established under —
(i)
the Local Government Ordinance 1957 (Ord. 24 of 1957); and
(ii)
the Local Government Integration Act (Cap. 166) repealed by this Act.
Continuance of Municipal Provident Fund
2. The Municipal Provident Fund shall continue and be deemed to have been established under this Act and shall be held, managed and administered as a Government fund separate from other Government funds.
3. Until rules are made under paragraph 7, the Municipal (Provident Fund) Rules (Cap. 166, R 1) shall continue to have effect as though references therein to the powers and duties of the City Council in relation to the management and administration of the Municipal Provident Fund were references to the powers and duties of the Minister.
Safeguarding of Municipal Provident Fund benefits
4. Until rules are made under paragraph 7, the Municipal (Provident Fund) Rules, as from time to time amended, shall continue to apply to every person transferred to the service of the Government under section 9 of the Local Government Integration Act repealed by this Act who, immediately before 1st September 1963, was a member of the Municipal Provident Fund, or would have been eligible for membership of that Fund if he had attained the age of 20 years and had passed a medical examination of the standard prescribed, in the like manner as those Rules applied to such persons immediately before that date, and every reference to service or employment with the City Council in those Rules shall be construed as a reference to service or employment with the Government in respect of such persons.
5. Until rules are made under paragraph 7, the provisions of the Municipal (Provident Fund) Rules, as from time to time amended, requiring the City Council to make payments into the Municipal Provident Fund shall apply to the Government and be construed as provisions requiring the Government to make payments into that Fund in respect of every person referred to in paragraph 4 who is or who becomes a member of the Fund.
6. Persons who have been transferred to the service of the Government under section 9 of the Local Government Integration Act (Cap. 166) repealed by this Act may count their previous service in the City Council, and their previous membership of the Municipal Provident Fund and their contributions to that Fund, for the purpose of determining the benefits to which they become entitled under paragraphs 4 and 5.
Municipal Provident Fund Rules
7. The Minister may make such rules for the maintenance of the Municipal Provident Fund as he may consider desirable and, in particular, for —
(a)
the provision of payments or other allowances on death, resignation, retirement or discharge to persons who are members of the Fund or who become members thereof;
(b)
the payment of moneys into the Fund by the respective employers of the members of the Fund;
(c)
the payment of contributions towards the management expenses of the Fund by the employers; and
(d)
the contribution of moneys into the Fund by the members thereof and for their ceasing to be members of the Fund,
and such rules shall not, in respect of every person whose provident fund benefits are safeguarded under paragraphs 4, 5 and 6, provide for less favourable benefits than those conferred by the Muncipal (Provident Fund) Rules (Cap. 166, R 1).
Assignment, transfer, attachment, etc., of Municipal Provident Fund benefits
8. Subject to paragraphs 9 and 10, no payments or other allowances on death, superannuation, resignation, retirement or discharge made or granted to persons out of the Municipal Provident Fund nor the rights of any contributor acquired thereunder shall be assignable or transferable or liable to be attached, sequestrated or levied upon for or in respect of any debt or claim whatsoever, and no such payments or other allowances shall pass to the Official Assignee on the bankruptcy of that person; but if any such person is adjudicated a bankrupt or is declared insolvent by judgment of the court, such payments or other allowances shall be deemed to be impressed with a trust in favour of the objects entitled thereto on the death of that person.
9. The bankruptcy of a member shall not affect the making of deductions from the salary of the member under the rules of the Municipal Provident Fund, but notwithstanding the provisions of any written law such deductions shall continue to be made notwithstanding the bankruptcy and the portion of salary so deducted shall be deemed not to form part of the member’s after-acquired property.
10. Notwithstanding paragraphs 8, 9 and 11, the Minister shall be entitled —
(a)
to deduct from the benefits (less such portion of them as shall with interest thereon have been contributed by the member) which would otherwise be payable to a member (or to the trustees or estate of a deceased member) from the Municipal Provident Fund any debt legally due from the member to the Government or his employer; and
(b)
at his discretion to deduct the whole or part of the benefits (less such portion of them as shall with interest thereon have been contributed by the member) which would otherwise be payable from the Municipal Provident Fund to a member (or to the trustees or estate of a deceased member) who is dismissed from the service of the Government or his employer after conviction for an offence involving dishonesty which results in pecuniary loss to the Government or his employer, or who would have been so dismissed had he not died, or who retires from or resigns his employment with intent to escape being so dismissed,
except that the amount so forfeited shall not exceed the amount of the pecuniary loss to the Government or his employer, and any sum so deducted from the benefits which would otherwise be payable to a member (or to the trustees or estate of a deceased member) shall be paid into the Consolidated Fund or to his employer, as the case may be.
11. Subject to paragraph 10, all moneys paid out of the Municipal Provident Fund on the death of any member shall be deemed to be impressed with a trust in favour of the objects entitled thereto under the will or intestacy of such deceased person, and shall not be deemed to form part of his or her estate or be subject to his or her debts but shall be deemed to be property passing on his or her death for the purposes of the Estate Duty Act (Cap. 96).
Trustees
12. Any member may, by a memorandum under his hand, appoint a trustee or trustees of the moneys payable on his death out of the Municipal Provident Fund and may make provision for the appointment of a new trustee or new trustees of such moneys and for the investment thereof. Such memorandum shall be in such form as may be approved by the Minister and shall be deposited with the Government.
13. If at the time of the death of any member or at any time afterwards —
(a)
there is no trustee of the moneys payable on the member’s death out of the Municipal Provident Fund; or
(b)
it is expedient to appoint a new trustee or new trustees,
then and in any such case a trustee or trustees or a new trustee or new trustees may be appointed by the High Court or a Judge thereof.
14. The receipt of a trustee or trustees duly appointed or in default of any such appointment and of written notice thereof to the Government the receipt of the legal personal representative of a deceased member shall be a discharge to the Government for any moneys payable on his death out of the Municipal Provident Fund.