Singapore Armed Forces (Premium Plan) (Amendment) Regulations 2010

No. S 189

Singapore Armed Forces Act

(Chapter 295)

Singapore Armed Forces (Premium Plan) (Amendment) Regulations 2010

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.—(1) These Regulations may be cited as the Singapore Armed Forces (Premium Plan) (Amendment) Regulations 2010 and shall, with the exception of regulation 6, come into operation on 1st April 2010.

(2) Regulation 6 shall be deemed to have come into operation on 1st March 2010.

Amendment of regulation 2

2. Regulation 2(1) of the Singapore Armed Forces (Premium Plan) Regulations (Rg 22) (referred to in these Regulations as the principal Regulations) is amended —

(a)

by deleting the definition of “compensation salary” and substituting the following definition:

“ “compensation salary”, in relation to a member, means the consolidated salary of the member, whether he is confirmed in any rank that he holds or otherwise, and includes —

(a)	for the purposes of Parts V and VI, such reimbursement or pay to which the member is entitled or which is payable to him by his employer under section 24 of the Enlistment Act (Cap. 93); and
(b)	any other allowance declared by the Armed Forces Council to be a component of the compensation salary, not being an allowance for the performance by a member of duties in a rank higher than his substantive or temporary rank;”;

(b)

by deleting the definition of “gross salary” and substituting the following definition:

“ “gross salary”, in relation to a member, means the consolidated salary of the member, whether he is confirmed in any rank that he holds or otherwise, and includes —

(a)	bonuses, including performance bonuses; and
(b)	such other allowances as the Armed Forces Council may determine, not being an allowance for the performance by a member of duties in a rank higher than his substantive or temporary rank;”; and

(c)

by deleting the definition of “member” and substituting the following definition:

“ “member” means a member of the Premium Plan, being any of the following persons:

(a)	any person enlisted for regular service as a soldier on or after 1st January 2000, but not any person who first enlists for regular service as a military expert, a military expert senior trainee or a military expert trainee on or after 1st April 2010;
(b)	any soldier to whom Part VII applies, and who opts to join the Premium Plan under that Part;”.

New regulation 2A

3. The principal Regulations are amended by inserting, immediately after regulation 2, the following regulation:

“Non-application to regular servicemen in military domain experts service

2A. Except as otherwise provided in the Singapore Armed Forces (Military Domain Experts Service) Regulations 2010 (G.N. No. S 186/2010), these Regulations shall cease to apply to any member (including any soldier to whom Part VII applies) who becomes a regular serviceman in the military domain experts service on or after 1st April 2010.”.

Amendment of regulation 12

4. Regulation 12(1) of the principal Regulations is amended by deleting sub-paragraphs (b) and (c) and substituting the following sub-paragraphs:

“(b)

in the case of the CARE Account of a member enlisted for regular service before 1st April 2010, upon that member having completed not less than 10 years of reckonable service —

(i)	a CARE Initial Quantum at such rate as the Armed Forces Council may, by General Order, determine;
(ii)	a monthly contribution at the prescribed rate of the member’s Premium salary; and
(iii)	if the member is a naval diver who fulfils the conditions in paragraph 3 of the First Schedule, an ND-CARE benefit up to the age of 45 years at such rate and under such conditions as the Armed Forces Council may, by General Order, determine;

(c)

in the case of the CARE Account of a member enlisted for regular service on or after 1st April 2010, upon that member attaining the rank of Warrant Officer —

(i)	a monthly contribution at the prescribed rate of the member’s Premium salary; and
(ii)	if the member is a naval diver who fulfils the conditions in paragraph 3 of the First Schedule, an ND-CARE benefit up to the age of 45 years at such rate and under such conditions as the Armed Forces Council may, by General Order, determine; and

(d)

any dividend declared by the Board under paragraph (4).”.

Amendment of regulation 13

5. Regulation 13 of the principal Regulations is amended by inserting, immediately after paragraph (8), the following paragraph:

“(9) This regulation shall not apply to any member enlisted for regular service on or after 1st April 2010.”.

Amendment of regulation 19

6. Regulation 19 of the principal Regulations is amended by deleting paragraph (1) and substituting the following paragraph:

“(1) Subject to paragraph (2), the following persons shall be entitled to apply to withdraw the sums standing to the credit of a member in the SAVER-Premium Fund which are payable under these Regulations in respect of the member, where the member retires from the Singapore Armed Forces on any ground specified in regulation 11 or resigns from the Singapore Armed Forces:

(a)

the member; or

(b)

where the member lacks capacity within the meaning of section 4 of the Mental Capacity Act 2008 (Act 22 of 2008) —

(i)	a deputy appointed or deemed to be appointed for the member by the court under that Act with power in relation to the member for the purposes of these Regulations; or
(ii)	a donee under a lasting power of attorney registered under that Act with power in relation to the member for the purposes of these Regulations.”.

Amendment of regulation 23

7. Regulation 23 of the principal Regulations is amended —

(a)

by inserting, immediately after the words “where a member” in paragraph (1), the words “enlisted for regular service before 1st April 2010”; and

(b)

by inserting, immediately after paragraph (1), the following paragraph:

“(1A) Where a member enlisted for regular service on or after 1st April 2010 dies while he is in the regular service of the Singapore Armed Forces, there shall be paid to such of his dependants as the Armed Forces Council may think fit or, if there are no dependants, to his personal representatives —

(a)	a sum equal to such proportion of the Premium salary as the Armed Forces Council may determine and all moneys standing to the credit of the member in his CARE Account and CPF Top-Up Account; or
(b)	a sum equal to the annual compensation salary,

whichever is the greater.”.

Amendment of regulation 24

8. Regulation 24(1) of the principal Regulations is amended by deleting sub-paragraph (c) and substituting the following sub-paragraph:

“(c)

one of the following, whichever is the greatest:

(i)

where the member, being enlisted for regular service before 1st April 2010, has completed 10 years of reckonable service as at the date of his death, all moneys standing to the credit of the member in his CARE Account and CPF Top-Up Account;

(ii)

where the member, being enlisted for regular service before 1st April 2010, has not completed 10 years of reckonable service as at the date of his death, a sum equal to such proportion of the Premium salary for each complete month of service as the Armed Forces Council may determine and all moneys standing to the credit of the member in his CPF Top-Up Account;

(iii)

where the member is enlisted for regular service on or after 1st April 2010, a sum equal to such proportion of the Premium salary as the Armed Forces Council may determine and all moneys standing to the credit of the member in his CARE Account and CPF Top-Up Account;

(iv)

where the member was in the pensionable service in the Government immediately prior to his conversion to the Premium Plan on 31st March 2000 —

(A)	all moneys standing to the credit of the member in his CARE Account and CPF Top-Up Account; or
(B)	a sum equal to the member’s accrued pension payable to the member under the Singapore Armed Forces (Pensions) Regulations (Rg 9) had he remained on the pensionable service; or

(v)

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

Amendment of regulation 26

9. Regulation 26(1) of the principal Regulations is amended by deleting sub-paragraph (b) and substituting the following sub-paragraph:

“(b)

one of the following, whichever is the greatest:

(i)

where the member, being enlisted for regular service before 1st April 2010, has completed 10 years of reckonable service, all moneys standing to the credit of the member in his CARE Account and CPF Top-Up Account;

(ii)

where the member, being enlisted for regular service before 1st April 2010, has not completed 10 years of reckonable service —

(A)	a sum equal to such proportion of the Premium salary as the Armed Forces Council may determine for each complete month of service; and
(B)	all moneys standing to the credit of the member in his CPF Top-Up Account;

(iii)

(iv)

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

Amendment of regulation 41

10. Regulation 41(1) of the principal Regulations is amended by deleting the word “deceased”.

Amendment of regulation 42

11. Regulation 42 of the principal Regulations is amended —

(a)	by deleting the word “This” and substituting the words “Subject to regulation 2A, this”; and
(b)	by deleting the words “(other than non-uniformed servicemen)”.

Amendment of First Schedule

12. The First Schedule to the principal Regulations is amended —

(a)

by deleting paragraph 1 and substituting the following paragraph:

“1. Vesting for members (other than naval divers under paragraph 3) who —

(a)

enlisted for regular service as soldiers on the Premium Plan between 1st January 2000 and 31st March 2010 (both dates inclusive), and retire or resign from the Singapore Armed Forces; or

(b)

converted to the Premium Plan between 31st March 2000 and 31st March 2010 (both dates inclusive) and retire or resign at the rank of Warrant Officer or above:

Age of member at date of retirement or resignation (years)

Portion of moneys in a member’s CARE Account that will vest in him

33 and below

20%

25%

30%

35%

40%

45%

50%

55%

60%

65%

70%

75%

80%

85%

90%

95 %

50 and above

100%.”; and

(b)

by inserting, immediately after paragraph 3, the following paragraphs:

“4. Vesting for members (other than naval divers under paragraph 3) who enlisted for regular service as soldiers on the Premium Plan on or after 1st April 2010 and retire or resign at the rank of Warrant Officer or above:

Age of member at date of retirement or resignation (years)

Portion of moneys in a member’s CARE Account that will vest in him

33 and below

10%

20%

30%

35%

40%

45%

50%

55%

60%

65%

70%

75%

80%

85%

90%

95%

50 and above

100%.

5. For the purposes of paragraphs 1 to 4, a person shall be deemed to have attained the age prescribed in that paragraph on the anniversary of his birthday.”.

[G.N. Nos. S 377/2003; S 709/2004; S 553/2005; S 169/2007; S 163/2008]

Made this 25th day of March 2010.

TAN KOK YAM

Secretary,
Armed Forces Council,
Singapore.

[MINDEF 4-4/26-3-5/HCL; AG/LLRD/SL/295/2010/2 Vol. 1]

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

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