Pioneer Generation Fund (Amendment) Act 2019

REPUBLIC OF SINGAPORE

GOVERNMENT GAZETTE

ACTS SUPPLEMENT

Published by Authority

NO. 25]

Friday, June 14

[2019

The following Act was passed by Parliament on 6 May 2019 and assented to by the President on 27 May 2019:—

Pioneer Generation Fund (Amendment) Act 2019

(No. 16 of 2019)

I assent.

HALIMAH YACOB,

President.

27 May 2019.

Date of Commencement: 26 June 2019

An Act to amend the Pioneer Generation Fund Act 2014 (Act 43 of 2014).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

Short title and commencement

1. This Act is the Pioneer Generation Fund (Amendment) Act 2019 and comes into operation on a date that the Minister appoints by notification in the Gazette.

Amendment of long title

2. The long title to the Pioneer Generation Fund Act 2014 (called in this Act the principal Act) is amended —

(a)	by inserting, immediately after the word “Fund”, the words “and the Merdeka Generation Fund”; and
(b)	by inserting, immediately after the word “Pioneers”, the words “and Merdeka Generation Seniors, respectively,”.

Amendment of section 1

3. Section 1 of the principal Act is amended by deleting the word “Fund” and substituting the words “and Merdeka Generation Funds”.

Amendment of section 2

4. Section 2 of the principal Act is amended —

(a)

by inserting, immediately after the definition of “accounting officer”, the following definition:

“ “Appeals Panel” means the body of that name established under section 15;”;

(b)

by deleting the definition of “Fund” and substituting the following definition:

“ “Funds” means the Pioneer Generation Fund and the Merdeka Generation Fund established under section 4;”;

(c)

by deleting the words “Pioneer Generation” in the definition of “member”;

(d)

by inserting, immediately after the definition of “member”, the following definition:

“ “Merdeka Generation Senior” includes an individual who is determined under section 13 to be a Merdeka Generation Senior;”;

(e)

by deleting the definition of “Pioneer Generation Appeals Panel”;

(f)

by inserting, immediately after the word “Pioneer” in the definition of “reimbursement arrangement”, the words “or Merdeka Generation Senior”; and

(g)

by deleting the definition of “verification application” and substituting the following definition:

“ “verification application” means an application made under section 13(2) in relation to an individual seeking a determination from the Appeals Panel that the individual is a Pioneer or Merdeka Generation Senior for the purposes of this Act.”.

Amendment of section 3

5. Section 3 of the principal Act is amended by inserting, immediately after the word “Pioneers” wherever it appears, the words “and Merdeka Generation Seniors”.

Amendment of heading to Part 2

6. Part 2 of the principal Act is amended by inserting, immediately after the word “FUND” in the Part heading, the words “AND MERDEKA GENERATION FUND”.

Amendment of section 4

7. Section 4 of the principal Act is amended —

(a)	by deleting the words “is established a Government fund called the Pioneer Generation Fund” in subsection (1) and substituting the words “are established 2 Government funds called the Pioneer Generation Fund and the Merdeka Generation Fund, respectively,”;
(b)	by deleting the words “the Fund” in subsections (1)(a) and (d), (2) and (3) and substituting in each case the words “the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be)”;
(c)	by deleting the words “the Fund” in subsection (1)(b) and (c) and substituting in each case the words “the Pioneer Generation Fund or the Merdeka Generation Fund, as the case may be”;
(d)	by deleting the words “The Fund is” in subsection (3) and substituting the words “The Pioneer Generation Fund and the Merdeka Generation Fund are each”; and
(e)	by inserting, immediately after the word “Fund” in the section heading, the words “and Merdeka Generation Fund”.

Amendment of section 5

8. Section 5 of the principal Act is amended —

(a)	by deleting the words “in the Fund” in subsections (1) and (2) and substituting in each case the words “in the Pioneer Generation Fund and the Merdeka Generation Fund”;
(b)	by inserting, immediately after the word “Pioneers” in subsection (1)(a) and (b), the words “or Merdeka Generation Seniors (as the case may be)”;
(c)	by deleting the words “the Fund” in subsection (1)(d) and substituting the words “the Pioneer Generation Fund and the Merdeka Generation Fund, respectively”; and
(d)	by deleting the word “Fund” in the section heading and substituting the word “Funds”.

Amendment of section 6

9. Section 6 of the principal Act is amended —

(a)	by deleting the words “the Fund are to be charged upon and payable out of the Fund” in subsection (1) and substituting the words “the Pioneer Generation Fund or the Merdeka Generation Fund are to be charged upon and payable out of the Pioneer Generation Fund or the Merdeka Generation Fund, as the case may be”;
(b)	by deleting the words “the Fund are to be charged upon and payable out of the Fund” in subsection (2) and substituting the words “the Pioneer Generation Fund or the Merdeka Generation Fund are to be charged upon and payable out of the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be) (called in this subsection the relevant Fund)”;
(c)	by deleting the word “Fund” in subsection (2)(a) and (b) and substituting in each case the words “relevant Fund”; and
(d)	by deleting the word “Fund” in subsection (3) and substituting the word “Funds”.

Amendment of section 7

10. Section 7 of the principal Act is amended —

(a)	by deleting the words “the Fund unless they are charged upon the Fund” in subsection (1) and substituting the words “the Pioneer Generation Fund or the Merdeka Generation Fund unless they are charged upon that Fund”; and
(b)	by deleting the words “the Fund” in subsection (2) and substituting the words “either of the Funds”.

Amendment of section 8

11. Section 8 of the principal Act is amended —

(a)

by deleting the words “the Fund” in subsection (1) and substituting the words “each of the Funds”;

(b)

by deleting the words “Fund begins on the date of commencement of this Part” in subsection (2) and substituting the words “Pioneer Generation Fund begins on 9 March 2015”; and

(c)

by inserting, immediately after subsection (2), the following subsection:

“(3) The first financial year of the Merdeka Generation Fund begins on the date of commencement of the Pioneer Generation Fund (Amendment) Act 2019 and ends on 31 March of the succeeding year.”.

Amendment of section 9

12. Section 9 of the principal Act is amended —

(a)

by deleting subsection (1) and substituting the following subsection:

“(1) The Minister must designate —

(a)	one or more public officers to be accounting officers of the Pioneer Generation Fund; and
(b)	one or more public officers to be accounting officers of the Merdeka Generation Fund.”;

(b)

by deleting the words “officer of the Fund” in subsection (2) and substituting the words “officer of the Pioneer Generation Fund or the Merdeka Generation Fund”;

(c)

by deleting the words “the Fund” wherever they appear in subsection (2)(a), (b) and (c) and substituting in each case the words “that Fund”; and

(d)

by deleting the words “officer of the Fund” in subsection (3) and substituting the words “officer of the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be)”.

Amendment of section 10

13. Section 10 of the principal Act is amended —

(a)	by inserting, immediately after the words “each financial year” in subsection (1), the words “of the Pioneer Generation Fund or the Merdeka Generation Fund (as the case may be)”;
(b)	by deleting the words “the Fund” in subsection (1) and substituting the words “the Pioneer Generation Fund and the Merdeka Generation Fund (as the case may be)”;
(c)	by deleting the word “Fund” in subsections (2) and (4) and substituting in each case the word “Funds”;
(d)	by deleting the words “the Fund” in subsection (3) and substituting the words “any of the Funds”; and
(e)	by inserting, immediately after the words “by the auditor” in subsection (3), the words “for that Fund”.

Amendment of section 11

14. Section 11 of the principal Act is amended —

(a)	by deleting the words “dissolution of the Fund” and substituting the words “dissolution of any of the Funds”;
(b)	by deleting the words “in the Fund” and substituting the words “in that Fund”; and
(c)	by deleting the word “Fund” in the section heading and substituting the word “Funds”.

Amendment of heading to Part 3

15. Part 3 of the principal Act is amended by deleting the words “PIONEER GENERATION” in the Part heading.

New sections 12A and 12B

16. The principal Act is amended by inserting, immediately after section 12, the following sections:

“Who is a Merdeka Generation Senior?

12A.—(1) In this Act, a Merdeka Generation Senior is —

(a)

a citizen of Singapore —

(i)	whose birthday is between 1 January 1950 and 31 December 1959 (both dates inclusive); and
(ii)	who was a citizen of Singapore on 31 December 1996, and has been a citizen of Singapore since that date; or

(b)

a citizen of Singapore —

(i)

whose birthday is 31 December 1949 or earlier;

(ii)

who was a citizen of Singapore on 31 December 1996, and has been a citizen of Singapore since that date; and

(iii)

who —

(A)	is not a Pioneer; or
(B)	ceased being a Pioneer because of section 18(1)(d), whether before, on or after the date of commencement of the Pioneer Generation Fund (Amendment) Act 2019.

(2) In addition, any other citizen of Singapore may be determined under section 13 to be a Merdeka Generation Senior for the purposes of this Act provided that —

(a)

the citizen’s birthday is 31 December 1959 or earlier; and

(b)

the citizen —

(i)	is not a Pioneer; or
(ii)	ceased being a Pioneer because of section 18(1)(d), whether before, on or after the date of commencement of the Pioneer Generation Fund (Amendment) Act 2019.

Citizen cannot be both Pioneer and Merdeka Generation Senior

12B. For the purposes of this Act, a citizen of Singapore may only be either a Pioneer or a Merdeka Generation Senior at any time, but not both.”.

Amendment of section 13

17. Section 13 of the principal Act is amended —

(a)

by deleting subsection (1) and substituting the following subsection:

“(1) For the purpose of determining —

(a)	whether a citizen referred to in section 12(2) is a Pioneer for the purposes of this Act; or
(b)	whether a citizen referred to in section 12A(2) is a Merdeka Generation Senior for the purposes of this Act,

the Appeals Panel must have regard to, and give such weight as the Panel considers appropriate to, all of such matters as are prescribed by regulations.”;

(b)

by inserting, immediately after the words “section 12(2)” in subsection (2), the words “or 12A(2)”;

(c)

by inserting, immediately after the words “a Pioneer” in subsection (2), the words “or Merdeka Generation Senior (as the case may be)”;

(d)

by deleting the words “Pioneer Generation” in subsections (2), (6) and (8);

(e)

by inserting, immediately after the words “a Pioneer” in subsections (3)(a) and (6) and in the section heading, the words “or Merdeka Generation Senior”;

(f)

by deleting subsection (4) and substituting the following subsection:

“(4) However, a verification application must be made no later than —

(a)	in the case of a verification application for a determination to be a Pioneer, the closing date specified by the Minister under subsection (5) for this type of verification applications; or
(b)	in the case of a verification application for a determination to be a Merdeka Generation Senior, the closing date specified by the Minister under subsection (5) for this type of verification applications,

and the Appeals Panel must reject any verification application made after the applicable closing date.”;

(g)

by deleting the words “the closing date” in subsection (5) and substituting the words “a closing date”; and

(h)

by deleting subsection (7) and substituting the following subsection:

“(7) If the Appeals Panel determines that —

(a)	a citizen of Singapore referred to in section 12(2) is a Pioneer for the purposes of this Act; or
(b)	a citizen of Singapore referred to in section 12A(2) is a Merdeka Generation Senior for the purposes of this Act,

the Panel may, where suitable, state that the citizen of Singapore is a Pioneer or a Merdeka Generation Senior (as the case may be) with effect from a date before the date of its decision, but not a date earlier than when the verification application (if made) for that citizen of Singapore was received by the Panel.”.

Amendment of section 14

18. Section 14 of the principal Act is amended —

(a)

by deleting subsection (1) and substituting the following subsections:

“(1) A person who is aggrieved by a decision of the Appeals Panel under this section or section 13 refusing to determine that a citizen of Singapore referred to in section 12(2) is a Pioneer may, at any time but no later than the closing date specified under section 13(5) for verification applications mentioned in section 13(4)(a), apply in writing to that Panel to reconsider that decision.

(1A) A person who is aggrieved by a decision of the Appeals Panel under this section or section 13 refusing to determine that a citizen of Singapore referred to in section 12A(2) is a Merdeka Generation Senior may, at any time but no later than the closing date specified under section 13(5) for verification applications mentioned in section 13(4)(b), apply in writing to that Panel to reconsider that decision.”;

(b)

by deleting the words “Pioneer Generation” in subsections (2), (3) and (4) and in the section heading;

(c)

by inserting, immediately after the words “subsection (1)” in subsection (3), the words “or (1A)”;

(d)

by inserting, immediately after the words “section 12(2)” in subsection (3), the words “or 12A(2) (as the case may be)”;

(e)

by inserting, immediately after the word “Pioneer” in subsection (3)(a), the words “or Merdeka Generation Senior (as the case may be)”; and

(f)

by inserting, immediately after the word “application” in subsection (3)(a), the words “(if made)”.

New section 14A

19. The principal Act is amended by inserting, immediately after section 14, the following section:

“Determination to be Merdeka Generation Senior on Appeals Panel’s own accord

14A.—(1) Despite section 13(2), where —

(a)

the Appeals Panel makes a decision (whether before, on or after the date of commencement of the Pioneer Generation Fund (Amendment) Act 2019) —

(i)	under section 13 refusing to determine that a citizen of Singapore is a Pioneer; or
(ii)	under section 14 affirming its earlier refusal to determine that a citizen of Singapore is a Pioneer; and

(b)

no application or further application under section 14(1) for reconsideration of that decision is received by the Appeals Panel,

the Appeals Panel may, on its own accord, decide whether that citizen may be determined a Merdeka Generation Senior if he or she is a citizen of Singapore referred to in section 12A(2).

(2) To avoid doubt, the Appeals Panel may make a decision under subsection (1) without any verification application being made to the Panel under section 13 to determine whether or not the citizen referred to in subsection (1) is a Merdeka Generation Senior.

(3) For the purposes of subsection (1), the Appeals Panel must have regard to, and give such weight as the Panel considers appropriate to, all of the matters mentioned in section 13(1).

(4) The Appeals Panel must give to the citizen referred to in subsection (1) notice of its decision under this section.

(5) A person who is aggrieved by a decision of the Appeals Panel under this section of refusing to determine that a citizen referred to in subsection (1) is a Merdeka Generation Senior may, at any time but no later than the closing date specified under section 13(5) for verification applications mentioned in section 13(4)(b), apply in writing to that Panel to reconsider that decision; and section 14(2), (3) and (4) applies with the necessary modifications in relation to that application for reconsideration.”.

Amendment of section 15

20. Section 15 of the principal Act is amended —

(a)

by deleting the words “a Pioneer Generation Appeals Panel” in subsection (1) and substituting the words “an Appeals Panel”;

(b)

by deleting paragraph (b) of subsection (1) and substituting the following paragraph:

“(b)	one or more deputy chairpersons; and”;

(c)

by deleting the words “and not more than 8 other individuals” in subsection (1)(c); and

(d)

by deleting the words “Pioneer Generation” in subsections (2) and (3) and in the section heading.

Amendment of section 16

21. Section 16 of the principal Act is amended —

(a)

by inserting, immediately after the words “a Pioneer” wherever they appear in subsections (1), (2) and (3), the words “or Merdeka Generation Senior”;

(b)

by inserting, immediately after the words “the Pioneer” wherever they appear in subsection (1)(a), (c) and (d), the words “or Merdeka Generation Senior”;

(c)

by inserting, immediately after the word “credited” in subsection (1)(a), the words “, during a prescribed period (if prescribed),”;

(d)

by inserting, immediately before the words “a cash” in subsection (1)(b), the words “for Pioneers only,”;

(e)

by inserting, immediately after paragraph (b) of subsection (1), the following paragraph:

“(ba)

for Merdeka Generation Seniors only, a cash grant to be credited to the Merdeka Generation Senior’s PAssion Silver stored value card, being of an amount prescribed;”;

(f)

by inserting, immediately after paragraph (c) of subsection (1), the following paragraph:

“(ca)

a subsidy of the cost of any premium of a prescribed insurance scheme covering the Pioneer or Merdeka Generation Senior in relation to any disability, being of an amount prescribed for the Pioneer or Merdeka Generation Senior (as the case may be) and payable for premiums due during a prescribed period;”; and

(g)

by deleting the section heading and substituting the following section heading:

“Pioneer Generation and Merdeka Generation benefits”.

Amendment of section 17

22. Section 17 of the principal Act is amended —

(a)	by inserting, immediately after the words “no Pioneer” in subsection (1), the words “and no Merdeka Generation Senior”;
(b)	by inserting, immediately after “14” in subsection (1), the words “or a Merdeka Generation Senior under section 13, 14 or 14A”;
(c)	by inserting, immediately after the words “a Pioneer” in subsection (2), the words “or Merdeka Generation Senior”;
(d)	by inserting, immediately after the words “the Pioneer” in subsection (2)(a) and (b), the words “or Merdeka Generation Senior (as the case may be)”; and
(e)	by inserting, immediately after the word “Pioneers” in the section heading, the words “and Merdeka Generation Seniors”.

Amendment of section 18

23. Section 18 of the principal Act is amended —

(a)

by inserting, immediately after subsection (1), the following subsection:

“(1A) Despite any provision in this Part, an individual continues to be a Merdeka Generation Senior until —

(a)	the individual ceases to be a citizen of Singapore at any time after the date of commencement of the Pioneer Generation Fund (Amendment) Act 2019;
(b)	the individual is or becomes a citizen of another country at any time after the date of commencement of the Pioneer Generation Fund (Amendment) Act 2019, even if the individual does not cease to be a citizen of Singapore;
(c)	the individual dies;
(d)	the individual is declared under subsection (2) to cease being a Merdeka Generation Senior; or
(e)	the individual is determined under section 13(2) or 14 to be a Pioneer.”; and

(b)

by inserting, immediately after the word “Pioneer” in subsections (2) and (3) and in the section heading, the words “or Merdeka Generation Senior”.

Amendment of section 19

24. Section 19 of the principal Act is amended by deleting the words “the Fund” in subsections (1), (2) and (5) and substituting in each case the words “any of the Funds”.

Amendment of section 20

25. Section 20 of the principal Act is amended —

(a)	by deleting the words “the Fund” in subsection (1) and substituting the words “any of the Funds”; and
(b)	by deleting the word “Fund” in the section heading and substituting the word “Funds”.

Amendment of section 21

26. Section 21 of the principal Act is amended —

(a)	by inserting, immediately after the word “Pioneers” in subsection (2)(a) and (e), the words “or Merdeka Generation Seniors”;
(b)	by inserting, immediately after the word “Pioneer” in subsections (2)(b) and (3)(d), the words “or Merdeka Generation Senior”; and
(c)	by inserting, immediately after the word “Pioneers” in subsection (2)(b), the words “or Merdeka Generation Seniors, as the case may be”.

Amendment of section 22

27. Section 22 of the principal Act is amended —

(a)

by deleting the words “the Fund” in subsections (1) and (2) and substituting in each case the words “the Pioneer Generation Fund or the Merdeka Generation Fund”;

(b)

by deleting the words “or (b)” in subsection (1)(a) and substituting the words “, (b) or (ba)”;

(c)

by inserting, immediately after the word “Pioneer” in subsections (1)(a)(i) and (ii), (2)(b) and (3)(b), the words “or Merdeka Generation Senior (as the case may be)”;

(d)

by deleting the words “section 16(1)(c) or (d)” in subsection (1)(b) and substituting the words “section 16(1)(c), (ca) or (d)”;

(e)

by inserting, immediately after the word “Pioneer” in subsection (1)(d), the words “or Merdeka Generation Senior”;

(f)

by deleting the words “Pioneer or former Pioneer” in subsection (3) and substituting the words “Pioneer or Merdeka Generation Senior, or former Pioneer or former Merdeka Generation Senior”; and

(g)

by deleting subsection (4) and substituting the following subsection:

“(4) Where the money in any of the Funds is withdrawn and —

(a)	paid in error to a Pioneer or Merdeka Generation Senior; or
(b)	paid to anyone else without authorisation or in excess of authorisation required by or under this Act,

the amount of the financial assistance, grant or benefit so obtained is recoverable from the recipient as a debt due to the Government.”.

Amendment of section 23

28. Section 23 of the principal Act is amended —

(a)	by deleting the words “Pioneer Generation” in subsection (1)(a);
(b)	by inserting, immediately after the word “Pioneer” in subsection (1)(d), the words “or Merdeka Generation Senior”; and
(c)	by deleting “(b), (c)” in subsection (3)(b) and substituting “(b), (ba), (c), (ca)”.

Amendment of section 27

29. Section 27 of the principal Act is amended —

(a)

by inserting, immediately after the word “Pioneers” in subsection (2)(a), the words “and Merdeka Generation Seniors”;

(b)

by inserting, immediately after the word “Pioneer” in subsections (2)(c)(ii) and (2A), the words “or Merdeka Generation Senior”;

(c)

by deleting the words “Pioneer Generation” in subsection (2)(e);

(d)

by deleting the words “Pioneers referred to in section 16(1)(a) or (b)” in subsection (2A)(a) and substituting the words “Pioneers or Merdeka Generation Seniors (as the case may be) referred to in section 16(1)(a), (b) or (ba)”; and

(e)

by deleting the word “or” at the end of paragraph (b) of subsection (2A), and by inserting immediately thereafter the following paragraph:

“(ba)

the amount for any subsidy referred to in section 16(1)(ca); or”.

New section 29

30. The principal Act is amended by inserting, immediately after section 28, the following section:

“Validation of pre‑commencement decisions for Merdeka Generation Seniors

29.—(1) Any decision, relating to whether a citizen of Singapore is a Merdeka Generation Senior, by any person purporting to be made in the name or on behalf of the Appeals Panel before the date of commencement of the Pioneer Generation Fund (Amendment) Act 2019 has effect, and is taken always to have had effect, as if it had been made on that date by the Appeals Panel under section 13 or 14 as amended by that Act or section 14A as inserted by that Act, as the case may be.

(2) Anything done under or for the purposes of such a decision as mentioned in subsection (1) is as valid, and is taken always to have been as valid, as it would have been if the decision had been made by the Appeals Panel under section 13 or 14 as amended by the Pioneer Generation Fund (Amendment) Act 2019 or section 14A as inserted by that Act, as the case may be.

(3) Any application lodged before the date of commencement of the Pioneer Generation Fund (Amendment) Act 2019 to any person purporting to act in the name or on behalf of the Appeals Panel and in respect of which no decision as mentioned in subsection (1) is made before that date is deemed to be a verification application made under section 13(2) as amended by that Act.”.

Saving and transitional provisions

31.—(1) Every decision that is made before the date of commencement of this Act by the Pioneer Generation Appeals Panel under the principal Act and is in force on that date is to continue as if, and is deemed to be, a decision made by the Appeals Panel under the principal Act as amended by this Act.

(2) For a period of 2 years after the date of commencement of this Act, the Minister may, by regulations, prescribe such additional provisions of a saving or transitional nature consequent on the enactment of this Act as the Minister may consider necessary or expedient.

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