(Cap 426 section 73) [15 October 1993] (L.N. 407 of 1993) (L.N. 404 of 1993) Cap 426E s 1 (Omitted as spent) (Omitted as spent) (Enacted 1993) Cap 426E s 2 Definition In these Rules, unless the context otherwise requires- "relevant insurer" (有关保险人) means, in relation to an agreement or arrangement, the insurer with whom the relevant employer of the relevant scheme enters into the agreement or arrangement; (Amended L.N. 315 of 1998) "relevant scheme" (有关计划) means, in relation to an agreement or arrangement, the occupational retirement scheme which is the subject of or regulated by the agreement or arrangement. (Enacted 1993) Cap 426E s 3 Insurance arrangement For the purposes of the Ordinance, an agreement or arrangement shall not be regarded as an insurance arrangement unless- (a) under the terms of the agreement or arrangement the relevant insurer has the duty to ensure, on the basis of all relevant scheme documents in his possession and all relevant information furnished by the relevant employer of the relevant scheme including all such information verified by the employer's auditor, that contributions are made by the employer in accordance with the terms of the scheme; (b) the terms of the agreement or arrangement provide that the relevant insurer shall, in relation to payment of any benefit under the terms of the relevant scheme in respect of any member of the scheme, comply with the Occupational Retirement Schemes (Payment of Benefits) Rules (Cap 426 sub. leg.); and (c) the nature of the business transacted or to be transacted under the agreement or arrangement meets the description of the nature of business relating to long term business class G, H or I in Part 2 of the First Schedule to the Insurance Companies Ordinance (Cap 41). (Enacted 1993) |