These rules say when an agreement counts as an insurance arrangement and require the relevant insurer to help ensure scheme contributions are made and to follow the benefits-payment rules.
Occupational Retirement Schemes (Insurance Arrangement) Rules(Cap. 426, section 73)(Enacting provision omitted—E.R. 4 of 2017) [15 October 1993](Format changes—E.R. 4 of 2017) 1. (Omitted as spent—E.R. 4 of 2017) 2. Definition In these Rules, unless the context otherwise requires—relevant insurer (有關保險人) 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 (有關計劃) means, in relation to an agreement or arrangement, the occupational retirement scheme which is the subject of or regulated by the agreement or arrangement. 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. G); and (E.R. 4 of 2017)(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 Schedule 1 to the Insurance Ordinance (Cap. 41). (12 of 2015 s. 119)