Singapore Armed Forces (Pensions) (Amendment) Regulations 1997

No. S 282

Singapore Armed Forces Act

(Chapter 295)

Singapore Armed Forces (Pensions) (Amendment) Regulations 1997

In exercise of the powers conferred by section 205 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 (Pensions) (Amendment) Regulations 1997 and, except for regulations 2(a) and 5, shall be deemed to have come into operation on 1st January 1995.

(2) Regulation 2(a) shall be deemed to have come into operation on 28th December 1996.

(3) Regulation 5 shall be deemed to have come into operation on 14th August 1995.

Amendment of regulation 2

2. Regulation 2 of the Singapore Armed Forces (Pensions) Regulations (Rg 9) (referred to in these Regulations as the principal Regulations) is amended —

(a)

by deleting the word “service” wherever it appears in paragraph (a) of the definition of “injuries received in and which are attributable to service” and substituting in each case the word “duty”; and

(b)

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

“ “relevant commutation factor” and “relevant discount rate” mean the relevant commutation factor and the relevant discount rate determined in accordance with regulation 26A(3);”.

Deletion and substitution of regulation 23

3. Regulation 23 of the principal Regulations is deleted and the following regulation substituted therefor:

“Eligibility for pension

23.—(1) Subject to paragraph (2), a member in the pensionable service who has not less than 10 years of pensionable service who retires, or is required to retire, on any of the grounds specified in regulation 22 may on his retirement be granted a pension to be computed according to regulation 24.

(2) A member who retires on the ground referred to in regulation 22(d) or (g) shall not be paid a pension until he has attained the minimum age.

(3) Notwithstanding paragraph (2), a member who retires on the ground referred to in regulation 22(d) or (g) may —

(a)	if he becomes physically or mentally incapacitated to such an extent that he is incapable of continuing in any employment before he attains the minimum age, be paid the pension granted to him with effect from the date of the physical or mental incapacity; and
(b)	if he opts to be paid a commuted full pension gratuity under regulation 26 without pension, be paid the gratuity, discounted in the manner prescribed in regulation 26A, before he attains the minimum age.

(4) Where a member who had retired on the ground referred to in regulation 22(d) or (g) dies before he attains the minimum age and was not paid a pension pursuant to paragraph (3) at any time before his death, the Armed Forces Council may pay his dependants or, where there are no dependants, his personal representatives, a gratuity amounting to the higher of the following sums:

(a)

a sum ascertained by —

(i)	multiplying the amount of monthly full pension that may have been granted to the member under this regulation by the relevant commutation factor; and
(ii)	discounting the sum obtained under sub-paragraph (i) at the relevant discount rate in respect of each year or part thereof falling between the date the member would have obtained his pension had he not died and the date of his death (both dates inclusive); or

(b)

a sum amounting to one year’s pensionable emoluments.

(5) No pension or gratuity shall be granted under this regulation to a member who is —

(a)	discharged on any of the grounds specified in regulations 17 and 18 of the Enlistment Regulations (Cap. 93, Rg 1);
(b)	discharged with ignominy; or
(c)	dismissed as a result of the sentence of a subordinate military court or Military Court of Appeal or a sentence substituted by the Armed Forces Council.

(6) For the purposes of this regulation —

“minimum age” means —

(a)

in the case of a person who retires on the ground referred to in regulation 22(d), the retirement age appropriate to his age set out in regulation 20; and

(b)

in the case of a person who retires on the ground referred to in regulation 22(g) —

(i)	the age of 45 years in the case of a member below the rank of warrant officer; and
(ii)	the age of 50 years in the case of a member of or above the rank of warrant officer;

“one year’s pensionable emoluments” has the same meaning as in regulation 38(2).”.

Deletion and substitution of regulation 26 and new regulation 26A

4. Regulation 26 of the principal Regulations is deleted and the following regulations substituted therefor:

“Pension options

26.—(1) Subject to these Regulations, a member to whom a pension is granted under regulation 23 may, at his option exercisable in accordance with this regulation, be paid —

(a)

in the case of a member retiring from, or appointed to, the pensionable service on or after 1st January 1995 but before 13th June 1997 —

(i)	a full pension without any gratuity;
(ii)	a reduced pension together with a gratuity ascertained in accordance with regulation 26A; or
(iii)	a commuted full pension gratuity ascertained in accordance with regulation 26A without any pension; or

(b)

in the case of a member appointed to the pensionable service on or after 13th June 1997 —

(i)	a full pension without any gratuity;
(ii)	a commuted full pension gratuity ascertained in accordance with regulation 26A without any pension.

(2) The option under paragraph (1) is exercisable not later than the day immediately before the date of the member’s retirement, but if the member does not exercise the option before the date of his retirement, the Armed Forces Council may, if it appears in the circumstances equitable to do so, allow the member to exercise the option on the date of his retirement, or at any time between the date of his retirement and the day before the date of payment of a pension or gratuity to him.

(3) If a member exercises the option under paragraph (1), his decision shall, subject to paragraph (5), be irrevocable so far as concerns the pension or gratuity referred to in this regulation.

(4) A member who has not exercised an option in accordance with this regulation is deemed to have opted to receive a commuted full pension gratuity ascertained in accordance with regulation 26A without any pension.

(5) A member who is paid a reduced pension pursuant to his option exercised in accordance with this regulation is eligible for the full pension without reduction after the expiration of 12 years and 6 months from the date he was granted the reduced pension.

(6) Where a member opts in accordance with this regulation to receive a commuted full pension gratuity ascertained in accordance with regulation 26A, the commuted full pension gratuity shall, subject to paragraph (7), be payable as follows:

(a)

part of the commuted full pension gratuity, being a sum equal to the difference between the total amount paid by the Government to the Central Provident Fund on account of the member with respect to his service, and the total amount payable to the Government to that Fund on account of the member with respect to the same service if the member had not been on the pensionable service, together with the interest thereon, shall be paid to the member’s account in the Central Provident Fund; and

(b)

the balance of the commuted full pension gratuity shall be paid to the member.

(7) Where the commuted full pension gratuity ascertained in accordance with regulation 26A is less than the sum referred to in paragraph (6)(a), the entire commuted full pension gratuity shall be paid to the member’s account in the Central Provident Fund.

(8) For the purposes of paragraph (6)(a), the reference to the total amount paid or payable by the Government to the Central Provident Fund in respect of any member does not include a reference to any amount thereof which is recoverable from the member’s salary under the Central Provident Fund Act (Cap. 36) or any regulations made under that Act.

Reduced pension plus gratuity and commuted full pension gratuity

26A.—(1) The reduced pension and gratuity referred to in regulation 26(1)(a)(ii) payable to a member shall be —

(a)	a reduced pension proportionate to the sum of his annual pension less 2/25ths of the gratuity specified in sub-paragraph (b); and
(b)	a gratuity equal to 1/120ths of his one year’s pensionable emoluments in respect of each complete month of pensionable service subject to a maximum of his pensionable emoluments for 3 years.

(2) The commuted full pension gratuity referred to in regulation 26(1)(a)(iii) and (b)(ii) payable to a member shall be —

(a)

a capital sum ascertained by multiplying the commutation factor by the amount of the monthly full pension that may be granted to the member under regulation 23; or

(b)

in the case of a member retiring on the ground referred to in regulation 22(d) or (g), a capital sum ascertained in accordance with sub-paragraph (a), from which sum there shall be a discount at the relevant discount rate in respect of each year or part thereof falling between —

(i)	the date on which he will attain the minimum age; and
(ii)	the date on which the commuted full pension gratuity is to be paid to him.

(3) For the purposes of this regulation —

“commutation factor” means 175.14;

“discount rate” means 5 per cent;

“relevant commutation factor” and “relevant discount rate”, in relation to a member, mean the commutation factor and discount rate specified in this paragraph as in force on either the date of the member’s retirement from the Singapore Armed Forces (or the date of the member’s death, as the case may be) or his enlistment into the Singapore Armed Forces, whichever is the more favourable; and for this purpose, all members enlisted into the Singapore Armed Forces before 1st January 1995 shall be deemed to be enlisted into the Singapore Armed Forces on that date.”.

Amendment of regulation 28

5. Regulation 28 of the principal Regulations is amended by inserting, immediately after paragraph (1), the following paragraphs:

“(1A) If a member does not complete the full period of his contract by reason of the conversion of his service to the pensionable or non-pensionable service, the Armed Forces Council may, when granting a gratuity under paragraph (1), impose a condition that the member shall —

(a)	serve, after the conversion to the pensionable or non-pensionable service, a period equal to the difference between the full period of the contract and the period of the contract which the member had served before his conversion to the relevant service; and
(b)	if he fails to serve the period referred to in sub-paragraph (a), refund the gratuity, together with interest at a rate to be determined by the Armed Forces Council not later than the time the gratuity is granted.

(1B) The gratuity, together with the interest, if any, that is refundable under paragraph (1A)(b), shall be recoverable as a debt due to the Government and may be set off against any sum that may be payable by the Government to the member.”.

Amendment of regulation 37

6. Regulation 37 of the principal Regulations is amended —

(a)

by deleting sub-paragraph (a) of paragraph (1) and substituting the following sub-paragraph:

“(a)

in the case of a member who is in the pensionable service, a gratuity of an amount equal to one of the following capital sums:

(i)

where at the time of his death, the member has attained the relevant age — an amount ascertained by multiplying the relevant commutation factor by the amount of monthly full pension that may be granted to the member under regulation 23 if the member had retired on the date of his death in the circumstances described in regulation 22(c); or

(ii)

where at the time of his death, the member has not attained the relevant age — the higher of the following sums:

(A)	a sum ascertained in accordance with sub-paragraph (i), from which amount there shall be a discount at the relevant discount rate in respect of each year or part thereof falling between the date of his death and the date on which he would have attained the relevant age had he not died (both dates inclusive); or
(B)	a sum amounting to one year’s pensionable emoluments;”; and

(b)

by inserting, immediately after paragraph (3), the following paragraph:

“(4) For the purposes of paragraph (1)(a), “relevant age” means —

(a)	in the case of a member of or below the rank of Master Sergeant — 35 years of age;
(b)	in the case of a member of the rank of Warrant Officer to Major — 40 years of age; and
(c)	in the case of a member of or above the rank of Lieutenant-Colonel — 45 years of age.”.

Transitional

7.—(1) Subject to paragraph (2), nothing in regulations 2(b), 3, 4 and 6 shall affect any member who retired from the Singapore Armed Forces before 1st January 1995, and the provisions of the principal Regulations as in force immediately before that date shall continue to apply in relation to that member.

(2) A member who retired from the Singapore Armed Forces before 1st January 1995 and whose pension, gratuity or allowance has not been paid under regulation 23(2) or (2A) of the principal Regulations as in force immediately before 1st January 1995 may, at his option exercisable at any time before 13th July 1997, be paid, in lieu of a full pension or a reduced pension and gratuity in accordance with regulation 26 of the principal Regulations in force immediately before 1st January 1995, a commuted full pension gratuity ascertained in accordance with the principal Regulations as amended by these Regulations.

(3) The option exercised by the member under regulation 26 of the principal Regulations as in force immediately before 1st January 1995 shall be deemed to be revoked only upon the exercise of the option under and in accordance with this regulation.

Made this 3rd day of June 1997.

By Order of the Armed Forces Council

NG OOI HOOI

Secretary,
Armed Forces Council,
Singapore.

[MINDEF 4-4/26-1-6; AG/SL/16/95]

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

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