Port of Singapore Authority (Dockyard Staff Transfer) Order

Port of Singapore Authority Act

(Chapter 236, Section 31)

O 2

REVISED EDITION 1990

(25th March 1992)

[20th June 1969]

Citation

1. This Order may be cited as the Port of Singapore Authority (Dockyard Staff Transfer) Order.

Transfer to Company

2. Every person employed by the Authority except employees on separate contracts of service in connection with the dockyard undertakings of the Authority shall be deemed to be transferred to the service of the Company incorporated pursuant to section 29¹ of the Act and presently known as Keppel Shipyard (Private) Limited.

¹Sections 29 to 31 of the Port of Singapore Authority Act (Chapter 173) were omitted from the 1985 Revised Edition of Acts.

Transferred persons

3. Every person transferred under this Order (referred to in this Order as a transferred person) shall be employed by the Company at the same rate of pay and, as near as may be, on the same conditions of service as those on which he was employed by the Authority. Any dispute between the Company and the transferred person arising out of this Order shall be decided by the Minister or his duly appointed representative whose decision shall be final.

Options for transferred persons

4.—(1) Every transferred person who immediately prior to the transfer date held a pensionable appointment with the Authority shall be given the option either —

(a)

to continue to be a member of the Authority’s Pension Scheme and be subject to the Port (Singapore Harbour Board) (Pension Scheme) Regulations 1949 (referred to in this Order as the Pension Regulations), in which case he shall not be eligible to participate in any pension, gratuity, provident fund or other superannuation benefits scheme established by the Company (referred to in this Order as the Company’s Scheme); or

[S 386/49]

(b)

to participate in the Company’s Scheme from the transfer date, in which case the Authority shall —

(i)	on his ultimate retirement or if he otherwise leaves the service of the Company in circumstances which would have rendered him eligible (had he continued to be in the service of the Authority) for a pension, gratuity or allowance under the Pension Regulations pay him a pension, gratuity or allowance under these Regulations calculated up to the transfer date; or
(ii)	on his death whilst in the service of the Company, pay to his legal personal representatives or dependants out of the Pension Fund, a pension, gratuity or allowance, as the case may be, calculated up to the transfer date in accordance with the Pension Regulations.

(2) A transferred person who fails to exercise such option within 6 months from the date of the publication of this Order shall be deemed to opt to continue as a member of the Authority’s Pension Scheme.

(3) The Pension Regulations and any amendments made thereto from time to time shall continue to apply to every transferred person who opts or is deemed to have opted to continue as a member of the Authority’s Pension Scheme, in the like manner as the said Regulations applied to such persons immediately prior to the transfer date, and every reference to service or employment with the Singapore Harbour Board in the said Regulations shall be construed as a reference to and shall include service or employment in the Company in respect of such person.

(4) The provisions of the Pension Regulations, as from time to time amended, requiring the Authority to make payments into the Pension Fund, shall apply to the Company and be construed as provisions requiring the Company to make such payments into the said Fund in respect of every transferred person who opts or is deemed to have opted to continue as a member of the Authority’s Pension Scheme as would have been made by the Authority had such person continued to be in the service of the Authority.

Monthly-rated employees

5.—(1) Every transferred person who immediately prior to the transfer date was a monthly-rated employee not holding a pensionable appointment, or was in receipt of daily or hourly rates of pay, shall be given the option either —

(a)

to continue to be eligible for benefits under the Harbour Board Superannuation Scheme Regulations (referred to in this Order as the Superannuation Regulations) or the Singapore Harbour Board Regulations governing the Scale of Gratuities payable to employees in receipt of daily or hourly rates of pay dated 2nd September 1948 (referred to in this Order as the Gratuity Regulations), as the case may be, in which case he shall not be eligible to participate in the Company’s Scheme; or

[Rg 1.]

(b)

to participate in the Company’s Scheme from the transfer date, in which case the Authority shall —

(i)	on his ultimate retirement or if he otherwise leaves the service of the Company in circumstances which would have rendered him eligible (had he continued to be in the service of the Authority) for benefits under the Superannuation Regulations or the Gratuity Regulations, as the case may be, be paid the appropriate benefits up to the transfer date; or
(ii)	on his death whilst in the service of the Company, pay to his legal personal representatives or dependants, such benefits calculated in accordance with the Superannuation Regulations or the Gratuity Regulations, as the case may be, up to the transfer date.

(2) A transferred person who fails to exercise such option within 6 months from the date of the publication of this Order shall be deemed to have opted to continue to be eligible for the benefits under the said Regulations.

(3) The Superannuation Regulations and the Gratuity Regulations, as amended from time to time, shall continue to apply to every transferred person who opts or is deemed to have opted to continue to be eligible for benefits under the said Regulations, in the like manner as the said Regulations applied to such person immediately prior to the transfer date, and every reference to service or employment with the Singapore Harbour Board in the said Regulations shall be construed as a reference to and shall include service or employment in the Company in respect of such persons.

(4) Where benefits under the Superannuation Regulations or the Gratuity Regulations are paid by the Authority to a transferred person who continues to be eligible for benefits thereunder after the transfer date, the Company shall pay to the Authority such proportion of the amount of benefits so paid as the total amount of his pay during his service with the Company shall bear to the aggregate amount of his pay throughout his service with the Authority and the Company.

Previous service to be counted

6. Subject to the Pension Regulations, the Superannuation Regulations or the Gratuity Regulations, as the case may be, every transferred person who continued to be eligible for benefits thereunder after the transfer date may count his previous service with the Singapore Harbour Board and the Authority as well as his service with the Company for the purpose of determining the benefits to which he becomes entitled under this Order.

Exception

7. Notwithstanding the Regulations referred to in paragraph 6, no transferred person shall, unless such employee is retrenched from service by the Company, be entitled to claim any benefits under the said Regulations on the ground that he has been retired from the service of the Authority on account of abolition or reorganisation of office.

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