Singapore Armed Forces (Amendment) Bill - Singapore Statutes Online

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Singapore Armed Forces (Amendment) Bill

Bill No. 2/2000

Read the first time on 17th January 2000.

An Act to amend the Singapore Armed Forces Act (Chapter 295 of the 1995 Revised Edition) and to make consequential amendments to the Pension Fund Act (Cap. 224A).

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

Short title and commencement

1.—(1) This Act may be cited as the Singapore Armed Forces (Amendment) Act 2000 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

(2) The Minister may appoint different dates for the coming into operation of the different provisions of this Act.

Amendment of section 2

2. Section 2(1) of the Singapore Armed Forces Act (referred to in this Act as the principal Act) is amended —

(a)

by inserting, immediately after the word “includes” in the last line of the definition of “disciplinary officer”, the words “a Service Chief and”; and

(b)

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

“ “Service Chief” means the Chief of Air Force, the Chief of Army or the Chief of Navy;”.

Amendment of section 62

3. Section 62 of the principal Act is amended —

(a)

by deleting the words “lieutenant-colonel” in subsection (2) and substituting the word “colonel”;

(b)

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

“(2A) If the accused is an officer of the rank of lieutenant-colonel, the charge shall, within such time as may be specified in the regulations made under this Act, be brought before a Service Chief.”; and

(c)

by inserting, immediately after the words “other than” in the 1st line of subsection (6), the words “a Service Chief or”.

Repeal and re-enactment of section 65A and new section 65B

4. Section 65A of the principal Act is repealed and the following sections substituted therefor:

“Powers of Service Chief when dealing with charge

65A.—(1) A Service Chief when dealing with a charge brought before him under section 62(2A) may —

(a)	dismiss the charge if he is of the opinion that it ought not to be proceeded with;
(b)	try the accused summarily; or
(c)	if he is of the opinion that the charge should not be dealt with by him, refer the charge to the person appointed under section 82(5)(a).

(2) A Service Chief shall try the accused summarily where a charge is referred to him under section 67(b)(ii) or 75(4)(a)(i).

Powers of Chief of Defence Force when dealing with charge

65B.—(1) The Chief of Defence Force when dealing with a charge brought before him under section 62(2) may —

(a)	dismiss the charge if he is of the opinion that it ought not to be proceeded with;
(b)	try the accused summarily; or
(c)	if he is of the opinion that the charge should not be dealt with by him, refer the charge to the person appointed under section 82(5)(a).

(2) The Chief of Defence Force shall try the accused summarily where a charge is referred to him under section 67(b)(iii) or 75(4)(a)(i) or (ii).”.

Amendment of section 67

5. Section 67 of the principal Act is amended —

(a)

by inserting, immediately after the words “superior commander” in the 1st line, the words “, a Service Chief”;

(b)

by deleting the word “and” at the end of paragraph (b)(i); and

(c)

by deleting sub-paragraph (ii) of paragraph (b) and substituting the following sub-paragraphs:

“(ii)	in the case of a charge referred to him by a Service Chief, the Service Chief, any other Service Chief or the Chief of Defence Force; and
(iii)	in the case of a charge referred to him by the Chief of Defence Force, the Chief of Defence Force; or”.

Repeal and re-enactment of section 70A and new section 70B

6. Section 70A of the principal Act is repealed and the following sections substituted therefor:

“Powers of punishment of Service Chief

70A.—(1) A Service Chief may, upon the conviction of an accused of the rank of lieutenant-colonel, impose any one or all of the following punishments:

(a)	forfeiture of seniority of rank and forfeiture of all or any part of service for the purposes of promotion;
(b)	a fine not exceeding a sum of $1,500; or
(c)	reprimand.

(2) In addition to or in lieu of any other punishment, a Service Chief may order that the accused shall suffer any deduction from his ordinary pay authorised by this Act.

Powers of punishment of Chief of Defence Force

70B.—(1) The Chief of Defence Force may, upon the conviction of an accused of the rank of lieutenant-colonel or colonel, impose any one or all of the following punishments:

(a)	forfeiture of seniority of rank and forfeiture of all or any part of service for the purposes of promotion;
(b)	a fine not exceeding a sum of $1,500; or
(c)	reprimand.

(2) In addition to or in lieu of any other punishment, the Chief of Defence Force may order that the accused shall suffer any deduction from his ordinary pay authorised by this Act.”.

Amendment of section 72

7. Section 72 of the principal Act is amended —

(a)	by deleting the word “colonel” in subsection (1) and substituting the words “brigadier-general”;
(b)	by deleting the words “lieutenant-colonel” in the 3rd line of subsection (2) and substituting the word “colonel”; and
(c)	by deleting the words “section 75(4)(a)(i)” in the last line of subsection (2) and substituting the words “section 75(4)(a)(ii)”.

Amendment of section 73

8. Section 73(2) of the principal Act is amended by inserting, immediately after the words “a superior commander,” in the 4th line, the words “a Service Chief,”.

Amendment of section 75

9. Section 75 of the principal Act is amended —

(a)

by inserting, immediately after the words “compensation of” in the 2nd and 3rd lines of subsection (3)(a), the words “a Service Chief or”;

(b)

by inserting, immediately after the words “appointment of” in the 5th line of subsection (3)(a), the words “a Service Chief or”;

(c)

by inserting, immediately after paragraph (a) of subsection (4), the following sub-paragraph:

“(i)	where the disciplinary officer is a Service Chief, by the Service Chief or, if the Council is of the opinion that the case should not be retried by the Service Chief, any other Service Chief or the Chief of Defence Force;”; and

(d)

by renumbering the existing sub-paragraphs (i) and (ii) of subsection (4)(a) as sub-paragraphs (ii) and (iii), respectively.

Amendment of section 197

10. Section 197(1)(a) of the principal Act is amended by inserting, immediately after the word “70A(2),” in the 2nd line of sub-paragraph (i), the word “70B(2),”.

Amendment of section 205A

11. Section 205A of the principal Act is amended —

(a)

by deleting the words “a Savings and Employee Retirement Plan (referred to in this Act as the SAVER Plan)” in the 2nd and 3rd lines of subsection (1) and substituting the words “2 savings and employee retirement plans (referred to in this Act as the SAVER Plan and the Premium Plan, respectively)”;

(b)

by deleting the word “and” at the end of subsection (1)(c);

(c)

by deleting the full-stop at the end of paragraph (d) of subsection (1) and substituting the word “; and”, and by inserting immediately thereafter the following paragraph:

“(e)	any loan or other benefit to such servicemen or classes of servicemen as may be prescribed.”;

(d)

by inserting, immediately after the words “SAVER Plan” in the 1st line of subsection (2), the words “and the Premium Plan”;

(e)

by inserting, immediately after the words “SAVER Plan” wherever they appear in subsection (2)(a), (b) and (c), the words “or the Premium Plan”; and

(f)

by deleting subsections (3) and (4) and substituting the following subsections:

“(3) The Armed Forces Council shall, in making any regulations under this section, provide —

(a)	for officers who, immediately prior to 1st January 1998, are eligible for any pension, gratuity or other allowance under any regulations made under section 205 to opt to join the SAVER Plan and for the terms and conditions of such an option;
(b)	for soldiers who, immediately prior to 1st January 2000, are eligible for any pension, gratuity or other allowance under any regulations made under section 205 to opt to join the Premium Plan and for the terms and conditions of such an option; and
(c)	that any such officer who opts to join the SAVER Plan or any such soldier who opts to join the Premium Plan, shall remain eligible to benefits not less in value than the amount of any pension, gratuity or other allowance for which he would have been granted under the regulations made under section 205 if he retired or ceased contract service on medical grounds not due to causes within his control on the date immediately prior to his joining the SAVER Plan or the Premium Plan, as the case may be.

(4) Any option exercised by any officer before 1st April 1998 to join or not to join the SAVER Plan and any option exercised by any soldier before the date of commencement of the Singapore Armed Forces (Amendment) Act 2000 to join or not to join the Premium Plan, shall be deemed to be exercised in accordance with the regulations made under subsection (3).”.

Amendment of section 205B

12. Section 205B of the principal Act is amended —

(a)	by deleting the words “Savings and Employee Retirement Plan Fund (referred to in this Act as the SAVER Fund)” in subsection (1) and substituting the words “Savings and Employee Retirement and Premium Fund (referred to in this Act as the SAVER-Premium Fund)”;
(b)	by inserting, immediately after the words “SAVER Plan” wherever they appear in subsections (2), (4) and (5), the words “or the Premium Plan”;
(c)	by deleting the words “SAVER Fund” wherever they appear in subsections (2) to (7) and substituting in each case the words “SAVER-Premium Fund”; and
(d)	by deleting the words “SAVER Income Account” in subsection (6) and substituting the words “SAVER-Premium Income Account”.

Amendment of section 205C

13. Section 205C of the principal Act is amended by deleting the words “SAVER Fund” wherever they appear and substituting in each case the words “SAVER-Premium Fund”.

Consequential amendments to Pension Fund Act

14. Section 9(2) of the Pension Fund Act (Cap. 224A) is amended —

(a)	by deleting the words “SAVER Fund” in the 2nd line and substituting the words “SAVER-Premium Fund”; and
(b)	by inserting, immediately after the words “SAVER Plan” in the penultimate line, the words “or Premium Plan”.

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