Port of Singapore Authority Act |
Port of Singapore Authority (Pension Scheme) Rules |
R 2 |
REVISED EDITION 1990 |
(25th March 1992) |
[1st June 1972] |
Citation |
1. These Rulesmay be cited as thePort of Singapore Authority (Pension Scheme) Rules. |
Definitions |
2. In these Rules, unless the context otherwise requires —
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Entitlement to a pension |
Excluded Sevice |
4. No pension, gratuity or other allowance shall be granted under these Rules to an employee —
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Pensions, gratuities and other allowances — how computed |
5.—(1) Pensions, gratuities and other allowances payable under these Rules shall be computed on the pensionable emoluments based on the last drawn salary of the employee in the following cases:
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Retirement |
6. The Authority may require the retirement from the service of the Authority —
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Pension Fund |
7. For making provision for payments under these Rules there shall be established in the name of the Authority a fund to be known as the Pension Fund into which the Authority shall pay out of the monies credited to its general account such monthly sum as it may from time to time think necessary and adequate to meet its liabilities for such payments and the Authority may invest the sums standing to the credit of such fund in any investments for the time being allowed by law. |
Certificate of diligence and fidelity |
8. No employee shall be granted a pension, gratuity or other allowance without a certificate from the head of his division or if he is himself the head of a division, from the Chairman of the Authority, to the effect that he has discharged the duties of his appointment with such diligence and fidelity as to justify the grant to him of such pension, gratuity or other allowance. |
Maximum pension |
9. A pension granted to an employee under these Rules shall not exceed two-thirds of the highest pensionable emoluments drawn by him at any time in the course of his service with the Authority, except that the Minister may, in cases of peculiar and extraordinary merit, sanction the grant by the Authority of pensions, gratuities or other allowances at higher rates and in more favourable conditions than those which are for the time being authorised by these Rules. |
Only circumstances where pensions may be granted |
10.—(1) No pension, gratuity or other allowance shall be granted to an employee except on his retirement from the service of the Authority in one of the following cases:
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Ex-gratia pension, gratuity or allowance |
11. Where an employee is removed from his appointment on the ground of his inability to discharge efficiently the duties thereof, and a pension, gratuity or other allowance cannot otherwise be granted to him under these Rules, the Authority may, if it considers it justifiable, having regard to all the circumstances of the case, grant such a pension, gratuity or other allowance as it thinks just and proper, but in no case exceeding in amount that for which the employee would be eligible if he were suffering from some infirmity of mind or body likely to be permanent. |
Cessation of pension |
12. If a person to whom a pension, gratuity or other allowance has been granted under these Rules becomes either a director of a company the principal part of whose business is in any way directly concerned with the Authority, or an employee of such company without the prior written permission of the Authority, the Authority may direct that such pension, gratuity or other allowance shall forthwith cease, and thereupon such pension, gratuity or other allowance shall cease accordingly. |
Restoration of pension |
13. The Authority may, on being satisfied that the person in respect of whose pension, gratuity or other allowance any such direction as provided for inrule 12shall have been given has ceased to be a director or employee of any company mentioned inrule 12, give directions for the restoration of such pension, gratuity or other allowance with retrospective effect if it shall see fit, to such date as it may specify, and such pension, gratuity or other allowance shall be restored accordingly. |
Reduction or withholding of pension |
14. Where it is established to the satisfaction of the Authority that an employee has been guilty of negligence, irregularity or misconduct, the Authority may reduce or altogether withhold the pension, gratuity or other allowance for which such employee would have become eligible but for this rule. |
Cancellation or reduction of pension |
15. It shall be a condition of the grant of every pension, gratuity or other allowance under these Rules that the Authority may cancel or reduce such pension, gratuity or other allowance if it be shown to have been obtained by the wilful suppression of material facts or to have been granted in ignorance of facts which, had they been known before the retirement of the employee, would have justified his dismissal or a reduction of his salary. |
Exclusion of persons who do not opt and who are eligible underHarbour Board Superannuation Scheme Regulations |
16. An employee who was on1st January 1948, eligible for a payment under theHarbour Board Superannuation Scheme Regulationsand has made no option to be a member of the pension scheme shall in no way be affected by these Rules in so far as they refer to the rights and liabilities appertaining to the pension scheme. [Rg 1.] |
Discretionary payments |
17.—(1) Any person who prior to1st January 1948was eligible to receive or whose dependant or dependants was or were eligible to receive a payment or allowance under theHarbour Board Superannuation Scheme Regulationsand who on or after1st January 1948, being so entitled, has elected to become a member of the pension scheme under thePort (Singapore Harbour Board) (Pension Scheme) Regulations 19492; may, after having so elected, if his services are terminated in such a manner that under these Rules neither he nor his dependant or dependants would be eligible for any pension, gratuity or other allowance, elect or his dependant or dependants may elect to receive such payment or allowance that the Authority might in its discretion, have granted to him or them under theHarbour Board Superannuation Schemes Regulationshad he not elected to become a member of the pension scheme under thePort (Singapore Harbour Board) (Pension Scheme) Regulations, 19493.
[Rg 1.] [S 386/49]
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Pension options |
18.—(1) Subject to these Rules, an employee retiring on or after1st January 1995and to whom a pension is granted under these Rules may, at his option exercisable in accordance with this rule, be paid —
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Reduced pension plus gratuity and commuted pension gratuity |
18A.—(1) The reduced pension and gratuity referred to inrule 18(1)(b)shall be a reduced pension at the rate of three-fourths of the pension, or such greater fraction as the Authority may determine, together with a gratuity equal to the annual value of the reduction so made in the pension multiplied by twelve and a half times.
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Pensionable service to commence at option |
19.—(1) An employee may at his option agree to have the pension, annuity or other allowance which may be payable to him or to his widow, child or children or legal personal representatives under these Rules to be computed in respect of a period of pensionable service which for the purposes of this rule shall be deemed to be from the date of commencement of such service up to and including30th June 1972where an employee exercised the option in June 1972, and up to and including31st December 1972where an employee exercised the option after June 1972.
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Discretionary payment after death of retired employee |
20. Where an employee dies after retirement, the Authority may, at its discretion, grant to his surviving widow and child or children or to the surviving widow or child or children then living a gratuity or irrevocable annuity at the option of the Authority, the cost of which shall not exceed one-half of the sum remaining after multiplying the amount of the annual pension granted to such employee on his retirement by ten times and deducting therefrom the amounts of pension actually payable to him up to the date of his death. |
Death in service |
21. Where an employee dies in the service of the Authority, the Authority may, at its discretion, grant to his surviving widow or to his legal personal representatives either a gratuity or irrevocable annuity, at the option of the Authority, as follows:
[S 237/95 wef 01/01/1995] |
Death as a result of injuries |
22. Where an employee dies as the result of injuries received —
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Permanent injury |
23.—(1) Where an employee has been permanently injured in the actual discharge of this duty, without his own default by some injury specifically attributable to the nature of his duty and his retirement is thereby necessitated or materially accelerated he may be granted in respect of such injury, in addition to any pension, gratuity or other allowance granted under these Rules, an annual allowance at the rate of the proportion of his pensionable emoluments at the date of his injury appropriate to his case as shown in the following table:
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Removal due to abolition of office or for efficiency or economy of division |
24.—(1) If an employee holding a pensionable appointment retires or be removed from the service in consequence of the abolition of his appointment or for the purpose of facilitating improvement in the division to which he belongs by which greater efficiency or economy can be effected, he may be granted a pension at the rate of one five-hundredth (1/500th) of his pensionable emoluments in respect of each complete month of pensionable service until two hundred and forty five-hundredths (240/500ths) is reached with the addition of one six-hundredth (1/600th) in respect of each complete month of pensionable service in excess of 240 months.
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Minimum period of service |
25. Every employee, otherwise qualified for a pension, who has not completed the minimum period of service qualifying for a pension, may be granted on retirement a gratuity not exceeding five six-hundredths (5/600ths) of his pensionable emoluments in respect of each complete month of pensionable service. |
Bankruptcy |
26. If any employee to whom a pension or other allowance has been granted under these Rules is adjudicated a bankrupt or is declared insolvent by judgment of a Court having jurisdiction under any written law to do so, payment of such pension or allowance shall forthwith cease:
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Pension to cease on conviction |
27. If any person to whom a pension or other allowance has been granted under these Rules is convicted before any Court having jurisdiction under any written law to do so, whether in Singapore or elsewhere, of any crime or offence for which he is sentenced to death or any term of imprisonment, the Authority may direct that payment of such pension or allowance shall cease to be payable forthwith, and thereupon such pension or allowance shall cease to be payable accordingly. |
Ex-gratia payment to dependants |
28. Where payment of any pension or allowance has ceased underrule 27, the Authority may cause all or any part of the moneys which would have been payable to the pensioner by way of pension or allowance to be paid to, or applied for, the maintenance and personal support or benefit of, any wife, child or children of the pensioner and, after the expiration of his sentence, for the benefit of the pensioner himself in such proportions as the Authority thinks fit. |
Restoration of pension on receipt of pardon |
29. If any person whose pension or allowance has ceased to be payable underrule 27shall at any time receive a full pardon in respect of the crime or offence of which he was convicted, his pension or allowance shall be restored with retrospective effect. |
Contract terms |
30. Where the Authority enters into a written contract of service with an officer containing for such officer, provisions regulating the granting to him of a pension such provisions shall apply to that officer in substitution for the provisions contained in the other rules. |
Application |
31. Upon the date of the coming into operation of these Rules, thePort (Singapore Harbour Board) (Pension Scheme) Regulations 1949shall cease to apply to every employee. [S 386/49] |