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No. S 162

Singapore Armed Forces Act

(Chapter 295)

Singapore Armed Forces (Saver Plan) (Amendment) Regulations 2008

In exercise of the powers conferred by section 205A of the Singapore Armed Forces Act, the Armed Forces Council hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Singapore Armed Forces (SAVER Plan) (Amendment) Regulations 2008 and shall come into operation on 1st April 2008.

Amendment of regulation 2

2. Regulation 2(1) of the Singapore Armed Forces (SAVER Plan) Regulations (Rg 19) (referred to in these Regulations as the principal Regulations) is amended by deleting the definitions of “adopted child” and “child”.

Amendment of regulation 4

3. Regulation 4(2) of the principal Regulations is amended by deleting the words “by an Awards Officer” and substituting the words “under these Regulations (other than an award to which regulation 4A relates)”.

New regulation 4A

4. The principal Regulations are amended by inserting, immediately after regulation 4, the following regulation:

“Compensation Board

4A.—(1) For the purposes of these Regulations, the Armed Forces Council may also appoint a Compensation Board which shall consist of not less than 4 members.

(2) The Compensation Board shall have power to make an award or vary any award made by an Awards Officer in respect of the death or disablement of a member, whether by increasing or decreasing such award, and the decision of the Compensation Board thereon shall be final and conclusive.

(3) The Compensation Board shall have power —

(a)	to call for any document relating to the appellant’s service from an Officer-in-charge of Records or to order the appellant to undergo a medical examination by a medical officer to be appointed by the Compensation Board in any particular case; and
(b)	to certify to an Officer-in-charge of Records any reasonable travelling and other expenses which may have been incurred by any person in appearing before the Compensation Board or before any medical officer appointed to make a medical examination of such person under this regulation.

(4) Every appellant shall have the right to appear before the Compensation Board in person, or by a representative, but the Compensation Board may hear and determine any appeal in the absence of the appellant.

(5) Every appeal under this regulation shall be brought within 12 months of the date on which the decision of an Awards Officer is notified to the appellant but the Compensation Board may allow an appeal to be brought after the expiration of the period limited by this regulation if it considers that there was a reasonable excuse for the delay.”.

Amendment of regulation 23

5. Regulation 23 of the principal Regulations is amended ––

(a)

by deleting sub-paragraph (a) of paragraph (1);

(b)

by inserting, immediately after the words “one of the following” in paragraph (1)(c), the words “, whichever is the greatest”;

(c)

by deleting the word “or” at the end of paragraph (1)(c)(i);

(d)

by deleting the comma at the end of paragraph (1)(c)(ii)(B) and substituting the word “; or”;

(e)

by deleting the words “whichever is the greater.” in the last line of sub-paragraph (ii) of paragraph (1)(c), and by inserting immediately thereafter the following sub-paragraph:

“(iii)

12 months of the compensation salary of the member at the date of his death.”; and

(f)

by deleting paragraphs (2) and (3) and substituting the following paragraphs:

“(2) There may be paid, in addition to the total sum under paragraph (1), a special award of a sum to be determined by the Armed Forces Council if, in the opinion of the Armed Forces Council, the injury was received by the member in the course of military operations or training.

(3) There may be paid, in addition to the total sum under paragraph (1) and, where applicable, paragraph (2), an additional award to be determined by the Armed Forces Council having regard to the principles on which a claim for damages would be determined in the civil courts if, in the opinion of the Armed Forces Council, the injury was received under exceptional circumstances or while the member was rendering service beyond the call of duty.

(4) Where a member’s death is caused as a result of the aggravation by service of an adverse medical condition that ––

(a)	existed in him before service; or
(b)	had arisen during but which was not attributable to service,

and the death occurred within 7 years of the aggravation of such medical condition, the amount of compensation payable to his dependants or personal representatives, as the case may be, may be equal to 50% of the compensation payable under paragraph (1)(b), and 50% of any award payable under paragraph (2) or (3), had his death occurred as a result of injuries received in and which were attributable to service.”.

Deletion of regulation 24

6. Regulation 24 of the principal Regulations is deleted.

Amendment of regulation 25

7. Regulation 25 of the principal Regulations is amended ––

(a)

by inserting, immediately after the words “his retirement” in paragraph (1)(b), the words “or 12 months of the compensation salary of the member at the date of his retirement, whichever is the greater”;

(b)

by deleting the words “the greater” in paragraph (2)(a) and substituting the words “the greatest”;

(c)

by deleting the word “or” at the end of paragraph (2)(a)(i);

(d)

by inserting, immediately after sub-paragraph (ii) of paragraph (2)(a), the following sub-paragraph:

“(iii)

12 months of the compensation salary of the member at the date of his retirement; or”;

(e)

by inserting, immediately after the words “his retirement” in paragraph (2)(b)(ii), the words “or 12 months of the compensation salary of the member at the date of his retirement, whichever is the greater”; and

(f)

by deleting paragraphs (4) and (5).

Deletion and substitution of regulation 34 and new regulation 34A

8. Regulation 34 of the principal Regulations is deleted and the following regulations substituted therefor:

“Special award in respect of total disability arising from military operations or training

34. Where a member who is eligible for an award under regulation 25 has, in the opinion of the Armed Forces Council, suffered total disability as a result of an injury received in the course of military operations or training, the member may be granted a special award of a sum to be determined by the Armed Forces Council, in addition to the award granted to him under that regulation.

Additional award in respect of total disability arising from exceptional circumstances or service beyond call of duty

34A. Where a member who is eligible for an award under regulation 25 has, in the opinion of the Armed Forces Council, suffered total disability as a result of an injury received under exceptional circumstances or while rendering service beyond the call of duty, the member may be granted an additional award to be determined by the Armed Forces Council having regard to the principles on which a claim for damages would be determined in the civil courts, in addition to the award granted to him under regulation 25 and, where applicable, regulation 34.”.

Deletion and substitution of regulations 35 and 36

9. Regulations 35 and 36 of the principal Regulations are deleted and the following regulations substituted therefor:

“Award in respect of total disability caused by aggravation

35. Where a member suffers a disability which is determined by the Armed Forces Council to be total disability caused as a result of the aggravation by service of an adverse medical condition that ––

(a)	existed in him before service; or
(b)	had arisen during but which was not attributable to service,

and such total disability occurs within 7 years of the aggravation of such medical condition, the member may be granted compensation equal to 50% of the compensation he would have been eligible for under regulation 25(1)(a) or (2)(a) or (b)(i), as the case may be, and 50% of any award he would have been eligible for under regulation 34 or 34A, had his total disability occurred as a result of an injury (not being a minor injury specified in the Fourth Schedule) received in and which was attributable to service.

Award in respect of partial disability

36. Any member who would have been eligible in the case of total disability for any award under regulation 25, 34 or 34A may, if he suffers partial disability, be awarded ––

(a)	such a proportion of the compensation equivalent to the lump sum calculated for permanent total incapacity of an employee under the Third Schedule to the Work Injury Compensation Act (Cap. 354) as if the member was an employee under that Act, as the degree of disablement bears to total disablement; and
(b)	such a proportion of any award he would have been eligible for under regulation 34 or 34A as the degree of disablement bears to total disablement.”.

Amendment of regulation 36A

10. Regulation 36A of the principal Regulations is amended ––

(a)	by deleting the words “before or had arisen during service” and substituting the words “before service or had arisen during but which was not attributable to service”; and
(b)	by deleting the words “qualified under regulation 36(1)” and substituting the words “been eligible for under regulation 36”.

Amendment of regulation 37

11. Regulation 37 of the principal Regulations is amended —

(a)	by inserting, immediately after the words “this Part” in paragraphs (1) and (2), the words “or Part V”; and
(b)	by deleting the word “accident” in paragraph (1)(b), (c) and (d) and substituting in each case the word “injury”.

Amendment of regulation 39

12. Regulation 39(2) of the principal Regulations is amended by deleting the word “Tribunal” and substituting the words “Compensation Board under regulation 4A”.

Miscellaneous amendments

13. The principal Regulations are amended ––

(a)

by deleting the words “Workmen’s Compensation” in the following provisions and substituting in each case the words “Work Injury Compensation”:

Regulations 23(1)(b), 25(1)(a) and (2)(a) and (b)(i), 26(1) (7th line), 27(5), 28 and 37(1) and (2); and

(b)

by deleting the words “a workman” wherever they appear in the following provisions and substituting in each case the words “an employee”:

Regulations 23(1)(b), 25(1)(a) and (2)(a) and (b)(i), 26(1) (7th and penultimate lines), 28 and 37(1) and (2).

Savings and transitional provisions

14.—(1) These Regulations shall not affect any award, allowance or gratuity made or granted before 1st April 2008 in respect of any death or disablement.

(2) The provisions of the principal Regulations as amended by these Regulations shall not apply with respect to any award, allowance or gratuity in respect of any death or disablement occurring before 1st April 2008, and the provisions of the principal Regulations in force immediately before that date shall continue to apply with respect to that award, allowance or gratuity as if these Regulations had not been made.

(3) Regulations 23, 24 and 25 and 34 to 37 of the principal Regulations in force immediately before 1st April 2008 shall apply in respect of any death or disablement on or after that date of a member who has opted to remain on the compensation scheme under the principal Regulations in force immediately before that date, as if these Regulations had not been made.

[G.N. Nos. S 376/2003; S516/2004; S 107/2005; S 168/2007]

Made this 10th day of March 2008.

LAM YI YOUNG

Secretary,
Armed Forces Council,
Singapore.

[MINDEF 4-4/26-11-3; AG/LEG/SL/295/2002/1 Vol. 7]

(To be presented to Parliament under section 207 of the Singapore Armed Forces Act).