Pensions Act 1956 - Singapore Statutes Online

Pensions Act 1956

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act to regulate the granting of pensions, gratuities and other allowances to officers in the public service of Singapore.

[1 July 1956]

Short title

1. This Act is the Pensions Act 1956.

Interpretation

2. In this Act, unless the context otherwise requires —

“officer” includes a judge and a police officer of any rank;

“officer on the pensionable establishment” means an officer who has been confirmed in his or her appointment as the holder of a pensionable office;

“other public service” means public service not under the Government of Singapore;

“Pension Authority”, in relation to any officer or retired officer, means a Pension Authority appointed under section 4 for that officer or the class to which that officer belongs;

“Pension Fund” means the Pension Fund established by the Pension Fund Act 1995;

“pensionable emoluments” means —

(a)

in respect of public service in Singapore —

(i)	the basic salary attached to a pensionable office or, in the case of an officer serving in a pensionable class, the basic salary payable to that officer as an officer of that class;
(ii)	any personal pensionable allowance; and
(iii)	such other allowances as may be prescribed by regulations to be pensionable allowances; and

(b)

in respect of other public service, emoluments which count for pension under any law or regulation in force relating to such service;

“pensionable office” means —

(a)

in respect of public service in Singapore, an office or class of office declared by the President, by notification in the Gazette, to be pensionable and not likewise declared, by subsequent notification in the Gazette, to be non‑pensionable; but where by virtue of any such declaration any office ceases to be a pensionable office, then so long as any person holding that office at the time of the declaration continues therein, the office, as respects that person, continues to be a pensionable office; and

(b)

in respect of other public service, an office which is a pensionable office under any law or regulation in force relating to such service;

“public service” means service in a civil capacity under the Government of Singapore or in such other service as the President may determine to be public service for the purpose of any provision of this Act;

“repealed Ordinance” means any Ordinance repealed by section 21;

“Singapore” means —

(a)	in relation to any period ending before 3 June 1959 — the Colony of Singapore; and
(b)	in relation to any period beginning on or after 3 June 1959 and ending before 9 August 1965 — the State of Singapore.

Application of this Act

3.—(1) Subject to subsections (2) and (4), the provisions of this Act shall apply —

(a)	to all officers appointed to the public service in Singapore; and
(b)	to all officers who have been transferred from Singapore to any other public service before 1 July 1956.

(2) Nothing in this Act diminishes the amount of pension, gratuity (other than a gratuity under section 20) or other allowance for which an officer in the public service in Singapore on 1 July 1956 would have been eligible had this Act not been enacted or adversely affect the conditions which would have been applicable to such pension, gratuity or other allowance.

(3) In the application of this Act to officers who were officers on the Malayan Establishment within the meaning of section 2 of the Malayan Establishment Pensions Ordinance 1948 (M 12/48) immediately before 1 July 1954, the following provisions have effect:

(a)

where any such officer was in the public service in Singapore immediately before 1 July 1954, all rights accrued to such officer in respect of pensions, gratuities or other allowances under the Malayan Establishment Pensions Ordinance 1948 or the Minutes made thereunder continue to subsist under this Act as if service in respect of which those rights accrued had been public service in Singapore; and

(b)

nothing in this Act —

(i)	diminishes the amount of pension, gratuity or other allowance for which any such officer as is referred to in paragraph (a) would have been eligible under the Malayan Establishment Pensions Ordinance 1948 or the Minutes made thereunder had the Ordinance not been repealed and had the officer continued to serve on the Malayan Establishment; or
(ii)	adversely affects conditions that would have been applicable to such pension, gratuity or other allowances under that Ordinance or Minutes.

(4) Unless otherwise expressly provided, the provisions of this Act shall not apply —

(a)	to all officers appointed on or after 1 April 1986 to the public service in Singapore, except officers who are appointed to such schemes of service as may be designated by the President; and
(b)	to all officers appointed on or after 1 December 1972 to any office in the public service in Singapore being an office designated as falling within Division 3 or 4, except officers who are so appointed to the Police (Junior) and the Narcotics schemes of service.

Pension Authorities

4.—(1) The President may, for the purposes of this Act, appoint by order in the Gazette one or more Pension Authorities comprising any public officer or group of public officers.

(2) Any order under subsection (1) shall specify the class or classes of public officers in respect of which a Pension Authority may exercise its powers or perform its functions under this Act.

(3) A Pension Authority may depute any public officer to exercise or perform on its behalf any power or function conferred on the Pension Authority by this Act subject to such conditions as may be specified by the Pension Authority.

(4) A Pension Authority may exercise any power or perform any function conferred on it by this Act notwithstanding the delegation by it of that power or function under subsection (3).

Delegation of powers to Pension Authorities

5.—(1) Subject to subsection (2), the President may depute any Pension Authority to exercise or perform on the President’s behalf any power or function conferred on the President by this Act subject to such conditions as may be specified by the President.

(2) Nothing in subsection (1) authorises the President to depute any Pension Authority to exercise on the President’s behalf any of the following powers:

(a)	to make regulations under this Act;
(b)	to declare any office or class of office to be pensionable or non‑pensionable (as the case may be) under section 2;
(c)	to determine any service to be public service for the purpose of any provision of this Act;
(d)	to vary the commutation factor or discount rate under section 20;
(e)	to designate schemes of service under section 3(4)(a).

(3) Where by virtue of subsection (1) any power or function of the President under this Act may be exercised or performed on the President’s behalf by a Pension Authority, then, unless the President otherwise directs, the Pension Authority may arrange for the exercise or performance of that power or function by any other public officer.

(4) Any arrangement made by a Pension Authority under subsection (3) for the exercise or performance of any power or function by a public officer does not prevent the Pension Authority by whom the arrangement was made from exercising or performing that power or function.

(5) The President may also exercise any power or perform any function conferred on the President by this Act despite the delegation by the President of that power or function under subsection (1).

President may make pensions regulations

6.—(1) The President may make regulations for the granting of pensions, gratuities and other allowances to persons who have been in the public service in Singapore or to their legal personal representatives or dependants.

(2) The regulations contained in the First Schedule are in force until varied or revoked by any regulation made under subsection (1).

(3) The President may, in making regulations under this section, provide for any officer or class of officers holding pensionable offices to opt for the provident fund scheme applicable to non‑pensionable employees of the Government under the Central Provident Fund Act 1953 and for the terms and conditions of such option.

(4) Any pension or gratuity granted under this Act must be computed in accordance with the provisions in force at the actual date of an officer’s retirement.

(5) Where the President is satisfied that it is equitable that any regulation made under this Act should have retrospective effect in order to confer a benefit upon, or remove a disability attaching to, any person, that regulation may be given retrospective effect to any date, whether before or after 1 July 1956, for that purpose.

(6) All regulations made under this section and any regulation varying or revoking the same have the same force and effect for all purposes as if they were contained in this Act.

(7) Regulations made under this section may provide that —

(a)	where a person has rendered full-time national service under section 12 of the Enlistment Act 1970, or under the provisions of any written law repealed by that Act (whether the service was rendered before or after the person became the holder of a pensionable office), the period of the person’s entire full-time national service may be treated, to such extent and on any conditions that may be specified in the regulations, as pensionable service;
(b)	the service referred to in paragraph (a) be deemed to be public service; and
(c)	the person referred to in paragraph (a) be deemed to have been or to have continued to be (as the case may be) an officer in the public service for the period of that full‑time national service for the purposes of this Act.

Pensions, etc., to be charged on Pension Fund

7. There shall be charged on and paid out of the Pension Fund all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance in accordance with this Act.

Pensions, etc., not of right

8.—(1) No officer shall have an absolute right to compensation for past services or to any pension, gratuity or other allowance under this Act, nor shall anything in this Act limit the right of the Government to dismiss any officer without compensation.

(2) Subject to Article 113 of the Constitution, where it is established to the satisfaction of a Pension Authority that an officer over which it has jurisdiction has been guilty of negligence, irregularity or misconduct, it is lawful for the Pension Authority to withhold the pension, gratuity or other allowance for which the officer would have become eligible but for this section.

Service not counting for pension, etc.

9. A pension, gratuity or other allowance must not be granted under this Act to any officer —

(a)

in respect of any service while on probation or agreement, unless without break of service he or she is confirmed in a pensionable office in Singapore or in an office in other public service which is at the time of confirmation pensionable in accordance with any law or regulation in force in such service, except that any interruption in service caused by temporary suspension of employment not arising from misconduct or voluntary resignation must be disregarded for the purposes of this paragraph;

(b)

in respect of any service as a pupil, apprentice or volunteer, during which he or she is undergoing whole time training and for which he or she is not remunerated or receives only a subsistence allowance or a special apprentice pay and the President may, by notification in the Gazette, declare what service is to be service as a pupil, apprentice or volunteer for the purposes of this paragraph;

(c)

in respect of any service, while below the age of 18 years, except that this paragraph does not apply to any officer or other person in the public service in Singapore on 1 July 1956 to whom, under any repealed Ordinance, a pension, gratuity or other allowance may be granted in respect of service while below the age of 18 years; or

(d)

in respect of any service, including service deemed under any written law for the time being in force to be service with the Government for the purposes of this Act, during which the officer was —

(i)

a member of any fund mentioned in the Second Schedule, except upon the condition that there must be first paid to the Government the total amount paid by the Government to that fund excluding the amount paid on account of the officer if he or she is on the pensionable establishment with respect to the service or an equivalent amount if he or she is not on the pensionable establishment with respect to such service, together with the interest, if any, thereon; or

(ii)

eligible for any benefits on retirement under the Singapore City Council Superannuation Fund for Subordinate Employees Rules 1954 except upon the condition that he or she has to first relinquish all rights to the benefits under those Rules.

Payment into Pension Fund

10. Any amount that is required under section 9(d)(i) to be first paid to the Government before any pension, gratuity or other allowance may be granted under this Act must be paid into the Pension Fund.

Cases in which pensions, etc., may be granted

11.—(1) A pension, gratuity or other allowance must not be granted under this Act to any officer until the officer has retired from the public service.

(2) A pension, gratuity or other allowance must not be granted under this Act to any officer who has retired from the public service in Singapore, unless the officer has retired —

(a)	in the case of male officers in the public service in Singapore on 1 July 1956, with the consent of the President, on or after attaining the age of 50 years, and in other cases, on or after attaining the age of 55 years if a man, or of 45 years if a woman, except that in the case of a female officer she was in the service before 1 March 1962 and has opted to retire on or after attaining the age of 45 years;
(b)	on or after attaining the age of 45 years if the officer is a police officer, including a police officer of such Auxiliary Police Force as may be specified by the President by notification in the Gazette, below the rank of assistant superintendent or a prison officer below the rank of superintendent;
(c)	on a certificate from the head of the officer’s department and on medical evidence to the satisfaction of the President that the officer is incapable, by reason of some infirmity of mind or body, of discharging the duties of his or her office and that such infirmity is likely to be permanent;
(d)	on the abolition of his or her office;
(e)	in the case of termination of employment in the public interest as provided in section 12;
(f)	on compulsory retirement for the purpose of facilitating improvement in the organisation of the department to which the officer belongs by which greater efficiency or economy may be effected;
(g)	with the consent of the President, on or after completing 15 years of service as a Gurkha serving in the Gurkha Contingent of the Singapore Police Force;
(h)	in the case of a female officer appointed to the public service on or after 1 July 1956 or re-appointed after resignation on account of marriage, with the consent of the President, on or after attaining the age of 50 years; or
(i)	with the consent of the President, on or after completing 15 years of service, in special circumstances not falling within any of the preceding paragraphs. [4/2010]

(3) Notwithstanding subsection (2), a pension, gratuity or other allowance may be granted under this Act to —

(a)

any officer on his or her attaining the minimum age of retirement applicable to the officer specified in subsection (2)(a), (b) or (h) who, having retired from the public service of Singapore under the provisions of the Instruction Manual for the time being in force in order to be nominated as a candidate for election as a member of Parliament or of any local government authority in Singapore, has not subsequently been re-employed in the public service of Singapore, except that —

(i)

where the President is satisfied that such an officer is physically or mentally incapacitated so as to be unable to continue in any employment before the officer has attained the minimum age of retirement applicable to the officer, he or she may be granted a pension, gratuity or other allowance with effect from the date the officer satisfies the President that he or she is so physically or mentally incapacitated; or

(ii)

where such an officer dies before the officer has attained the minimum age of retirement applicable to the officer, his or her dependants or legal personal representatives may be paid a gratuity in accordance with section 20(3); or

(b)

any officer who, not being an officer to whom paragraph (a) applies, having either completed 15 years of public service or attained the age of 40 years and completed 10 years of public service, has retired with the permission of the Chief Secretary, granted before 1 September 1958 in order to be nominated as a candidate for election as a member of the Legislative Assembly or of any local government authority in Singapore.

(4) The President may direct that any pension, gratuity or other allowance granted to an officer retired under subsection (2)(e) or (i) be suspended until and take effect from such date, not being later than the date the officer attains the minimum age, as the President may determine.

(5) Notwithstanding subsection (4) —

(a)	where the President is satisfied that an officer referred to in that subsection is physically or mentally incapacitated so as to be unable to continue in any employment before the officer has attained the minimum age, the officer may be granted a pension, gratuity or other allowance with effect from the date the officer satisfies the President that he or she is so physically or mentally incapacitated;
(b)	where the officer dies before he or she has attained the minimum age, the officer’s dependants or legal personal representatives may be paid a gratuity in accordance with section 20(3); and
(c)	no right shall accrue in respect of any pension, gratuity or other allowance during the period such pension, gratuity or other allowance has been suspended.

(6) In subsections (4) and (5), “minimum age” means —

(a)

in the case of an officer who is entitled to retire at the age of 45 years — 45 years;

(b)

in the case of an officer appointed to the public service before 12 September 1986 other than an officer referred to in paragraph (a) — 50 years; and

(c)

in the case of an officer appointed to the public service on or after 12 September 1986 other than an officer referred to in paragraph (a) —

(i)	50 years if he or she is entitled to retire at the age of 50 or 55 years; and
(ii)	55 years if he or she is entitled to retire at the age of 60 years.

(7) The pension granted to an officer under subsection (4) must be computed on the basis of the officer’s pensionable service up to the date of retirement as though the officer had retired on medical grounds under subsection (2)(c) except that an officer retired in the public interest under subsection (2)(e) may have his or her pension reduced under section 8(2).

Retirement in public interest

12.—(1) Where an officer’s service is terminated on the ground that, having regard to the conditions of the public service, the usefulness of the officer thereto and all the other circumstances of the case, such termination is desirable in the public interest, and a pension, gratuity or other allowance cannot otherwise be granted to the officer under the provisions of this Act, the relevant Pension Authority may, if the Pension Authority thinks fit, grant such pension, gratuity or other allowance as the Pension Authority thinks just and proper, not exceeding in amount that for which the officer would be eligible if the officer retired from the public service in the circumstances described in section 11(2)(c).

(2) Where in the exercise of its powers of disciplinary control over public officers the Public Service Commission or the Legal Service Commission (as the case may be) has ordered an officer to be retired in the public interest, the officer’s service shall be deemed to have been terminated under subsection (1).

Compulsory retirement

13. The President may require any officer to retire from the public service in Singapore —

(a)	who has attained, in the case of a male officer in the public service in Singapore on 1 July 1956, the age of 55 years, and in the case of any other male officer the age of 60 years or 55 years if the President in any individual case so directs;
(b)	who, being a police officer below the rank of assistant superintendent or a prison officer below the rank of superintendent, has attained the age of 45 years;
(c)	whose retirement appears to the President to be desirable in the public interest;
(d)	who, being a woman appointed to the public service before 1 March 1962, is married or marries and has opted to remain eligible for a gratuity on marriage;
(e)	on the abolition of the office of the officer;
(f)	for the purpose of facilitating improvement in the organisation of the department to which the officer belongs by which greater efficiency or economy may be effected; or
(g)	who has attained, in the case of a female officer appointed to the public service on or after 1 March 1962, the age of 60 years or 55 years if the President in any individual case so directs. [4/2010]

Maximum pension from all public service

14.—(1) A pension granted to an officer under this Act must not exceed two-thirds of the highest pensionable emoluments drawn by the officer at any time in the course of his or her public service in Singapore.

(2) Where an officer has been or is granted a pension or pensions in respect of other public service, the officer may be granted the full pension for which the officer is eligible in respect of his or her public service in Singapore.

(3) No person may at any time draw from the Pension Fund an amount of pension which, when added to the amount of any pension or pensions drawn in respect of other public service, exceeds two‑thirds of the highest pensionable emoluments drawn by that person at any time in the course of his or her public service in Singapore or in other public service.

(4) Where a person referred to in subsection (3) receives, in respect of some period of public service, both a gratuity and a pension, the amount of the pension is deemed, for the purpose of subsections (2) and (3), to be the amount of pension which would have been payable had the officer received a pension only and not a gratuity and a pension.

(5) In a case falling under subsection (3), the amount of pension to be drawn from the Pension Fund is subject to the approval of the relevant Pension Authority, in order that it may be determined with due regard to the amount of any pension or pensions similarly to be drawn in respect of other public service.

(6) For the purpose of this section, an allowance granted in respect of injury or disease must not be taken into account; but where the officer is granted such an allowance, the amount of the allowance which the officer may draw must not exceed one-sixth of his or her highest pensionable emoluments at any time in the course of his or her public service by more than the sum by which the amount of his or her pension or pensions, apart from such allowance, falls short of two‑thirds of such highest pensionable emoluments.

Pensions, etc., not to be assignable

15. A pension, gratuity or other allowance granted under this Act is not assignable or transferable, except for the purpose of satisfying —

(a)	a debt due to the Government; or
(b)	an order of any court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child, whether legitimate or not, of the officer to whom the pension, gratuity or other allowance has been granted,

and is not liable to be attached, sequestered or levied upon for or in respect of any debt or claim except a debt due to the Government.

Liability of pensioners to be called upon to take further employment

16.—(1) Every pension granted under this Act is subject to the condition that unless and until the officer has reached the age of 50 years if a man, and of 45 years if a woman, he or she may, if physically fit for service, be called upon by the President to accept an office, in Singapore, not less in value than the office which he or she held at the date of retirement.

(2) If a pensioner so called upon declines to accept such office, the payment of his or her pension may be suspended until he or she has attained the age of 50 years if a man, and of 45 years if a woman.

(3) This section does not apply to officers in the public service in Singapore on 1 July 1956 who retire otherwise than in the circumstances described in section 11(2)(d) or (f).

Pensions, etc., to cease on bankruptcy

17.—(1) A pension, gratuity or other allowance which would be granted under this Act to an officer must not be so granted if, at the date of his or her retirement from the public service, the officer has been adjudged a bankrupt or declared insolvent by judgment of a court of competent jurisdiction, whether in Singapore or elsewhere, and has not obtained his or her discharge from such adjudication or declaration.

(2) If any person to whom a pension or other allowance has been granted under this Act is adjudicated a bankrupt or is declared insolvent by judgment of the court, whether in Singapore or elsewhere, then the pension or allowance immediately ceases.

(3) In any case where —

(a)	by reason of bankruptcy or insolvency of an officer, a pension, gratuity or allowance is not granted; or
(b)	by reason of bankruptcy or insolvency of a pensioner, a pension or allowance ceases,

the relevant Pension Authority may, from time to time, during the remainder of such person’s life, or during such shorter period or periods, either continuous or discontinuous, as the Pension Authority thinks fit, cause all or any part of the moneys to which the person would have been entitled by way of pension, gratuity or allowance, had the person not become a bankrupt or insolvent, to be paid to, or applied for the maintenance and personal support or benefit of, all or any (to the exclusion of the other or others) of the following persons in such proportions and manner as the Pension Authority thinks proper, and such moneys must be paid or applied accordingly:

(c)	such person himself or herself;
(d)	any wife, child or children of the person.

(4) Moneys applied under subsection (3) for the discharge of the debts of the officer or pensioner referred to in that subsection must, for the purposes of that subsection, be regarded as applied for his or her benefit.

(5) When a person to whom a pension or allowance has not been granted or whose pension or allowance has ceased under this section obtains a full and proper discharge from his or her bankruptcy or insolvency, his or her pension or allowance shall be restored to him or her with effect from the date of that discharge.

Pensions, etc., to cease on conviction

18.—(1) If any person to whom a pension or other allowance has been granted under this Act is sentenced to death or penal servitude or any term of imprisonment by any court of competent jurisdiction, whether in Singapore or elsewhere, for any crime or offence, the relevant Pension Authority may direct that the pension or allowance immediately cease, and thereupon the pension or allowance ceases accordingly.

(2) Any pension or allowance that ceases under subsection (1) must be restored with retrospective effect in the case of a person who after conviction at any time receives a free pardon.

(3) Where a pension or allowance ceases by virtue of a direction under subsection (1), the relevant Pension Authority may cause all or any part of moneys to which the pensioner would have been entitled by way of pension or allowance to be paid to or applied for the benefit of any wife, child or children of the pensioner and, after the expiration of the pensioner’s sentence, also for the benefit of the pensioner, in the same manner precisely and subject to the same qualifications and restrictions as in the case of bankruptcy or insolvency provided under section 17.

Pensions, etc., may cease on accepting employment in certain companies, or in engaging in certain occupations for gain

19.—(1) If any person to whom a pension or other allowance has been granted under this Act —

(a)	becomes a director of any company, the principal part of whose business is in any way directly concerned with Singapore or Malaysia;
(b)	becomes an officer or employee employed in Singapore or in Malaysia by any such company; or
(c)	engages in any occupation for gain in Singapore or in Malaysia,

without the permission of the President in writing first had and obtained, the President may direct that the pension or allowance granted to the person immediately cease, and thereupon the pension or allowance ceases accordingly.

(2) The President may, on being satisfied that the person in respect of whose pension or allowance any direction under subsection (1) shall have been given has ceased —

(a)	to be a director of a company referred to in that subsection;
(b)	to be employed as an officer or employee of such company in Singapore or in Malaysia; or
(c)	to be engaged in an occupation referred to in that subsection,

to give directions for the restoration of the pension or allowance, with retrospective effect if he or she sees fit, to such date as he or she shall specify, and the pension or allowance shall be restored accordingly.

(3) This section shall cease to apply to any person to whom a pension or other allowance has been granted under this Act after a period of 5 years from the date of his or her retirement.

Gratuity where officer dies in service

20.—(1) Where an officer dies in the public service in Singapore, there shall be paid to such of the officer’s dependants as the relevant Pension Authority may think fit, or if there are no dependants, to the officer’s legal personal representative, a gratuity —

(a)

in the case of an officer holding a pensionable office who has not exercised an option mentioned in section 6(3), of an amount equal to one of the following capital sums:

(i)

where the officer has attained the minimum age at the time of the officer’s death — an amount ascertained by multiplying the relevant commutation factor by the amount of such pension that may have been granted to the officer under this Act if the officer had retired on the date of the officer’s death in the circumstances described in section 11(2)(c);

(ii)

where the officer has not attained the minimum age at the time of the officer’s death — the amount ascertained in accordance with sub‑paragraph (i), from which amount there must be a discount at the relevant discount rate in respect of each year or part thereof falling between the date of the officer’s death and the date he or she would have attained his or her minimum age had the officer not died (both dates inclusive),

but that gratuity must in no case be less than one year’s pensionable emoluments;

(b)

in the case of a Gurkha serving in the Gurkha Contingent of the Singapore Police Force, of an amount equal to ¹/₁₂₀ of one year’s pensionable emoluments for each complete month of service but such gratuity must not be less than one year’s or more than 3 years’ pensionable emoluments;

(c)

in the case of an officer holding a pensionable office who has exercised an option mentioned in section 6(3), of an amount equal to one year’s salary as at the date immediately prior to the officer’s option taking effect or the commuted pension gratuity which might have been granted to the officer if the officer had retired at the date of the officer’s death in the circumstances described in section 11(2)(c), whichever is the greater; or

(d)

in any other case, of an amount equal to one year’s salary or the officer’s commuted annual allowance gratuity, whichever is the greater.

(2) Where —

(a)	an officer who has retired from the public service in Singapore dies within one year of his or her retirement; or
(b)	a retired officer, being an officer who opted under any regulations made under this Act to receive a full pension without any gratuity and whose pension had been suspended under section 11(4), dies within one year of his or her pension taking effect,

there shall be paid to such of his or her dependants as the relevant Pension Authority may think fit, or if there are no dependants, to his or her legal personal representative, a gratuity of an amount equal to —

(c)	in the case of an officer holding a pensionable office who has not exercised an option mentioned in section 6(3) — one year’s pensionable emoluments; and
(d)	in any other case — one year’s salary,

from which gratuity there must be deducted the amount of the gratuity (if any) which has been paid or is payable under this Act and any payment or payments of pension or allowance, other than any allowance granted in respect of an injury, which may already have been made.

(3) Despite subsection (2), where an officer whose pension, gratuity or other allowance is suspended under section 11(4) dies before his or her pension, gratuity or allowance takes effect (whether or not within one year of his or her retirement), there shall be paid to such of his or her dependants as the relevant Pension Authority may think fit, or if there are no dependants, to his or her legal personal representative, a gratuity of an amount ascertained by multiplying the relevant commutation factor by the amount of the pension that may have been granted to the officer under this Act, from which amount there must be a discount at the relevant discount rate in respect of each year or part thereof falling between the date he or she would have attained his or her minimum age had he or she not died and the date of his or her death (both dates inclusive) but that gratuity must in no case be less than one year’s pensionable emoluments.

(4) In this section —

“commutation factor” means 175.14 or such other factor as the President, by order in the Gazette, prescribes in variation thereof;

“commuted annual allowance gratuity” means the gratuity which might have been granted to the officer under any regulation providing for the grant of a reduced annual allowance and a gratuity, if the officer’s public service had been wholly in Singapore and if he or she had retired at the date of his or her death in the circumstances described in section 11(2)(c); and for the purpose of calculating the same the officer is deemed to have elected to be paid an annual allowance at the rate of three‑fourths of the annual allowance granted to the officer;

“discount rate” means 5% or such other rate as the President, by order in the Gazette, prescribes in variation thereof;

“minimum age” has the meaning given by section 11(6);

“one year’s salary” means the emoluments which would be taken for the purpose of computing any allowance or gratuity, or in the case of an officer holding a pensionable office who has exercised an option mentioned in section 6(3) any pension, which may be granted to the officer if he or she had retired at the date of his or her death in the circumstances described in section 11(2)(c);

“pensionable emoluments”, in relation to an officer who had exercised an option mentioned in section 6(3), means the officer’s pensionable emoluments at the date immediately prior to his or her option taking effect;

“relevant commutation factor” and “relevant discount rate”, in relation to an officer or a retired officer, mean the commutation factor and discount rate, respectively, in force on either the date of the officer’s death or his or her appointment to the public service in Singapore, whichever is the more favourable; and for this purpose, all officers appointed to the public service in Singapore before 1 January 1995 shall be deemed to be appointed to the public service in Singapore on that date.

(5) This section applies to all officers appointed to the public service in Singapore, whether appointed before or after 1 April 1986, but not a Supreme Court Judge, an Attorney‑General, an Auditor‑General, a Deputy Attorney‑General or a member of the Public Service Commission who is eligible to be granted a death gratuity under any other written law.

[38/2014; 40/2019]

Repeal and saving

21.—(1) The Ordinances set out in the Third Schedule are repealed.

(2) Despite subsection (1) —

(a)	all notifications declaring offices to be pensionable offices or classes to be pensionable classes made under any repealed Ordinance are deemed to have been made under this Act and continue in force until cancelled or varied by notifications in the Gazette made under this Act;
(b)	all pensions, gratuities or other allowances granted under any repealed Ordinance are deemed to have been granted under this Act, and continue to be payable until determined under and in accordance with this Act; and
(c)	all rights accrued in respect of pensions, gratuities or other allowances under any repealed Ordinance continue to subsist under this Act as if service in respect of which such rights accrued had been service under the Government.

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