Singapore Sports Council (Amendment) Bill

Bill No. 11/1977

Read the first time on 2nd September 1977.
An Act to amend the Singapore Sports Council Act, 1973 (No. 44 of 1973).
Be it enacted by the president with the advice and consent of the Parliament of Singapore, as follows: —
Short title
1.  This Act may be cited as the Singapore Sports Council (Amendment) Act, 1977.
Repeal and re-enactment of section 16
2.  Section 16 of the Singapore Sports Council Act, 1973, is hereby repealed and the following substituted therefor: —
Pension schemes, provident fund, etc.
16.—(1)  The Council may, with the approval of the Minister, make rules for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such employees or classes of employees of the Council as it may determine, or to their legal personal representatives or dependants, on the death or retirement of such employees from the service of the Council or on their otherwise leaving the service of the Council.
(2)  The following provisions shall apply to any scheme established under this section: —
(a)no assurance on the life of any contributor under any such scheme, and no moneys or other benefits payable under any such assurance, and no payment made under any such scheme to any person who has been employed by the Council, shall be assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim other than a debt due to the Council or to the Government;
(b)no donation by the Council or contribution by its officers and employees made under any such scheme and no interest thereon shall be assignable or transferable or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim other than a debt due to the Council or to the Government;
(c)no such donation, contribution or interest shall be subject to the debts of the contributor, nor shall such donation, contribution or interest pass to the Official Assignee on the bankruptcy of such contributor, but, if such contributor is adjudicated a bankrupt or is declared insolvent by a court, such donation, contribution or interest shall, subject to the provisions of this Act, be deemed to be subject to a trust in favour of the persons entitled thereto on the death of the contributor;
(d)the bankruptcy of a contributor shall not affect the making of deductions from the salary of the contributor in accordance with any such scheme, but such deductions shall continue to be made notwithstanding the provisions of any written law, and the portion of salary so deducted shall not be deemed to form part of his after-acquired property;
(e)subject to the provisions of any such scheme, all moneys paid or payable under any such scheme on the death of a contributor shall be deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of such deceased contributor, or under a nomination in such form as may be prescribed in such scheme, and shall not be deemed to form part of his estate or be subject to the payment of his debts but shall be deemed to be property passing on his death for the purposes of the Estate Duty Act (Cap. 137);
(f)any contributor may, by a memorandum under his hand, appoint a trustee or trustees of the moneys payable on his death out of any such scheme and may make provision for the appointment of a new trustee or new trustees of such moneys and for the investment thereof; such memorandum shall be in the form prescribed in such scheme and shall be deposited with the Council;
(g)if at the time of the death of any contributor or at any time afterwards, there is no trustee of such moneys or it is expedient to appoint a new trustee or new trustees, then and in any such case a trustee or trustees or a new trustee or trustees may be appointed by the Supreme Court;
(h)the receipt of a trustee or trustees duly appointed, or in default of any such appointment and of written notice thereof to the Council, the receipt of the legal personal representative of a deceased contributor shall be a discharge to the Council for any moneys payable on his death out of any such scheme.
(3)  The Council in making, under subsection (1), any pension, provident fund or other superannuation rules which affect any person transferred to the service of the Council under section 12 shall, in such rules, provide for the payment to such person or his dependants of benefits not less in value than the amount of any pension, provident fund, gratuity or allowance for which such person or his dependants would have been eligible under the Pensions Act (Cap. 55), had he continued to be in the service of the Government and any such pension, provident fund or superannuation rules relating to length of service of such person shall provide for the recognition as service under the Council of service by him under the Government.
(4)  Nothing in any rules made under subsection (1) shall adversely affect any condition that would have been applicable to persons transferred to the service of the Council from their service with the Government under section 12 as regards any pension, gratuity or allowance under the Pensions Act.
(5)  Where any person in the service of the Council, whose case does not come within the scope and effect of any pension or other scheme established under this section, retires or dies in the service of the Council or is discharged from such service, the Council may grant to him or to such other person or persons wholly or partly dependant on him, as the Council may think fit, such allowance or gratuity as the Council may determine.
(6)  In every case of a person being transferred to the service of the Council under section 12, the Government shall be liable to pay to the Council such portion of any gratuity, pension or allowance payable to such person on his retirement as the same shall bear to the proportion which the aggregate amount of his pensionable emoluments during his service with the Government bears to the aggregate amount of his pensionable emoluments during his service under both the Government and the Council.”.
New section 16A
3.  The Singapore Sports Council Act, 1973, is hereby amended by inserting immediately after section 16 thereof the following new section: —
No entitlement in respect of abolition or re-organisation of office
16A.  Notwithstanding the provisions of the Pensions Act (Cap. 55), no person who is transferred to the service of the Council under section 12 shall be entitled to claim any benefits under that Act on the ground that he has been retired from the service of the Government on account of abolition or re-organisation of office.”.