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MPF default contributions: how the MPFA chases arrears — investigation, civil claims, criminal prosecution

2011-12-02
Marcus Tang

“My employer defaulted on my MPF contributions for months, but luckily the MPFA stepped in and recovered the arrears for me.” The MPFA is the statutory body regulating the MPF system, and enforcement is one of its core jobs — when it receives a complaint or spots a suspected breach during inspections, such as an employer failing to enrol employees or defaulting on contributions, it opens an investigation.

How does the MPFA protect MPF members’ rights?

The MPFA is the statutory body regulating the MPF system; when it receives a complaint or finds during inspections that an employer has failed to enrol employees or has MPF default contributions outstanding, it investigates — and with sufficient evidence, recovers the arrears for employees through civil claims, even bringing criminal prosecution against seriously non-compliant employers.

How MPF default contributions are recovered

  1. Complaint or inspection finding: the MPFA receives an employee complaint or spots a suspected breach during an inspection.
  2. Investigation: evidence is gathered on failures to enrol employees in an MPF scheme or to make contributions.
  3. Civil recovery: with sufficient evidence, the MPFA recovers the arrears from the employer on the employee’s behalf.
  4. Criminal prosecution: seriously non-compliant employers face criminal prosecution.

Employer penalties and trustee supervision

Beyond chasing arrears, the MPFA supervises trustees and investment compliance: trustees must be MPFA-approved to operate MPF business and meet stringent statutory requirements; the authority sets strict investment guidelines, monitors trustees through on-site inspections and regular reporting, and requires trustees to disclose fund fees, returns and risk levels so members have enough information to make investment decisions.

More on employee rights is available in the MPF education hub; MPFA hotline: 2918 0102.

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