No. S 53
Home Affairs Uniformed Services Superannuation Act
(Chapter 126B)
Home Affairs Uniformed Services (Invest Plan) (Amendment) Regulations 2003
In exercise of the powers conferred by section 3 of the Home Affairs Uniformed Services Superannuation Act, the Minister for Home Affairs hereby makes the following Regulations:
Citation and commencement
1.  These Regulations may be cited as the Home Affairs Uniformed Services (INVEST Plan) (Amendment) Regulations 2003 and shall be deemed to have come into operation on 1st October 2001.
Amendment of regulation 2
2.  Regulation 2(1) of the Home Affairs Uniformed Services (INVEST Plan) Regulations 2001 (G.N. No. S 486/2001) (referred to in these Regulations as the principal Regulations) is amended —
(a)by inserting, immediately after the definition of “Central Provident Fund”, the following definition:
“ “child” includes —
(a)a posthumous child;
(b)a step-child or an illegitimate child born before the date of the injury and wholly or mainly dependent upon the deceased officer for support; and
(c)an adopted child, adopted in accordance with any statutory provision before the date of injury, and dependent as aforesaid;”;
(b)by inserting, immediately after the definition of “CPF Top-Up Account”, the following definition:
“ “emoluments”, in relation to a member, means the member’s monthly basic salary plus the monthly variable component;”; and
(c)by deleting paragraph (b) of the definition of “junior officer” and substituting the following paragraph:
(b)an intelligence officer;”.
Deletion and substitution of regulation 17
3.  Regulation 17 of the principal Regulations is deleted and the following regulation substituted therefor:
Forfeiture of moneys on dismissal
17.  Notwithstanding the provisions of these Regulations, where a member is dismissed from the service, an award officer may direct the forfeiture of all or any of the moneys, whether vested or unvested, standing to the credit of the member.”.
Amendment of regulation 18
4.  Regulation 18 of the principal Regulations is amended —
(a)by inserting, immediately after paragraph (1), the following paragraph:
(1A)  Notwithstanding paragraph (1) —
(a)where a member retires from the service on any ground specified in regulation 11 (1)(b), (c), (d), (e), (g) or (h); or
(b)where a member dies or has his service terminated due to total or permanent disability,
all moneys standing to the member’s credit in his Retention Account or Retirement Account or both, as the case may be, shall vest in the member and may be awarded in respect of that member.”; and
(b)by deleting paragraphs (2) and (3) and substituting the following paragraphs:
(2)  Notwithstanding paragraph (1) or (1A) —
(a)where a member retires from service on the ground specified in regulation 11 (1)(e), all moneys standing to the member’s credit in his Retirement Account which have vested in him under paragraph (1A) may be reduced to the extent as determined by the award officer; and
(b)where a member retires from service on the ground specified in regulation 11 (1)(f), such portion of the moneys standing to the member’s credit in his Retention Account or Retirement Account, as the case may be, which has vested in the member under paragraph (1) may be increased to the extent and paid in such manner as determined by the award officer.
(3)  Notwithstanding any provision in these Regulations, no sum in a member’s Retirement Account shall vest in the member on his resignation unless the member has been a member of the INVEST Plan for at least 10 years.”.
Amendment of regulation 19
5.  Regulation 19 of the principal Regulations is amended —
(a)by inserting, immediately after the word “transfer” in paragraph (1)(a), the words “and his CPF Top-Up Account shall also close with effect from that same date”;
(b)by deleting paragraph (2) and substituting the following paragraphs:
(2)  If a former INVEST Plan member referred to in paragraph (1)(d) who resigns or is dismissed from the public service before the relevant date has previously opted for the award under paragraph (1)(d)(i), the sum that may be subsequently awarded to him under paragraph (1)(d)(i) shall be forfeited immediately and transferred to the Capital Forfeiture Account of the Fund.
(2A)  If a former INVEST Plan member referred to in paragraph (1)(d) who resigns or is dismissed from the public service before the relevant date has previously opted for the award under paragraph (1)(d)(ii), an amount equal to the sums vested in his Retirement Account at the date of his transfer from the service may be awarded to the former INVEST Plan member on his resignation or (as the case may be) dismissal, and the balance in his Retirement Account shall be forfeited and transferred to the Capital Forfeiture Account of the Fund.
(2B)  Where a member’s CPF Top-Up Account is closed under paragraph (1)(a), the Board shall transfer all moneys in the member’s CPF Top-Up Account to the Central Provident Fund Board to be credited to the member’s account in the Central Provident Fund.”;
(c)by deleting the words “paragraph (1) or (2)” in paragraph (4) and substituting the words “paragraph (1), (2) or (2A)”; and
(d)by deleting paragraph (6).
New regulation 21A
6.  The principal Regulations are amended by inserting, immediately after regulation 21, the following regulation:
Witholding of pensions, gratuities, allowances or other benefits
21A.  Notwithstanding any provision in these Regulations, the Board may withhold the payment of any moneys standing to the credit of any member in any account established under these Regulations if —
(a)he is being investigated for any negligent act or misconduct;
(b)disciplinary proceedings are being contemplated or have been initiated against him for any such act of misconduct or negligence; or
(c)criminal proceedings are being contemplated or have been instituted against him.”.
Amendment of regulation 23
7.  The principal Regulations are amended by renumbering regulation 23 as paragraph (1) of that regulation, and by inserting immediately thereafter the following paragraph:
(2)  In paragraph (1), “reckonable service” includes any period of full-time national service under section 12 of the Enlistment Act (Cap. 93).”.
New regulation 23A
8.  The principal Regulations are amended by inserting, immediately after regulation 23, the following regulation:
Post-retirement medical benefits for officers under CPF scheme who were formerly pensionable officers
23A.  A member who was in the pensionable service immediately before his conversion to the provident fund scheme under the Central Provident Fund Act (Cap. 36) and who has not less than 10 years of pensionable service at the time of his conversion to the said provident fund scheme may also be granted post-retirement medical benefits based on the medical scheme applicable to him prior to his retirement from the service under any of the grounds specified in regulation 11.”.
Amendment of regulation 24
9.  Regulation 24 of the principal Regulations is amended by inserting, immediately after paragraph (3), the following paragraph:
(4)  In paragraph (1)(b), “salary”, in relation to a member, means the basic salary and monthly variable component of the member’s total monthly salary.”.
Amendment of regulation 26
10.  Regulation 26 of the principal Regulations is amended by deleting paragraph (5) and substituting the following paragraph:
(5)  In this regulation, any reference to a police officer shall include a reference to an intelligence officer.”.
Deletion and substitution of regulation 28
11.  Regulation 28 of the principal Regulations is deleted and the following regulation substituted therefor:
Allowance for injured police officers and awards, etc., upon death of police officer in certain cases justifying exceptional treatment
28.—(1)  For the purpose of this regulation —
(a)“police officer” and “senior police officer” mean, respectively, a member who is a police officer and a member who is a senior police officer;
(b)a police officer shall be deemed to have sustained an injury in the execution of his duty if he is injured in any of the following circumstances:
(i)while on duty or on a journey necessary to enable him to report for duty or to return home after duty;
(ii)while not on duty but in the performance of some act which is within the scope of a constable’s ordinary duties;
(iii)in consequence of some act performed in the execution of his duty; or
(iv)while acting as a fireman, or assisting in the extinguishment of fire, or in protecting life or property from fire;
(c)any injury intentionally inflicted, or incurred in the performance of a duty involving special risks, shall be deemed to be a non-accidental injury;
(d)“salary”, in relation to a member, means the basic salary and monthly variable component of the member’s total monthly salary;
(e)“total disablement” means total loss of earning capacity in any employment, and, in the case of partial disablement, the degree of disablement shall be based upon the degree to which earning capacity is affected.
(2)  Where a police officer sustains a total disablement from an injury received in the execution of his duty, it shall be lawful for the award officer to grant to the police officer an allowance of the following amount:
(a)if the injury is non-accidental, the amount of the allowance shall be such proportion of the annual salary as specified in Scale No. 1 of the Third Schedule;
(b)if the injury is accidental, the amount of the allowance shall be such proportion of the annual salary as specified in Scale No. 2 of the Third Schedule; or
(c)if it is not possible to determine definitely whether the injury is accidental or non-accidental, the amount of the allowance shall be calculated at such rate intermediate between the rates specified in sub-paragraphs (a) and (b) as the Commissioner of Police may determine.
(3)  Subject to paragraph (4), where a police officer sustains a partial disablement from an injury received in the execution of his duty, it shall be lawful for the award officer to grant to the police officer —
(a)an allowance of such proportion of the amount applicable in case of total disablement as the degree of disablement bears to total disablement; or
(b)in cases recommended by the Commissioner of Police on the grounds of exceptional merit, an allowance of an amount not exceeding one year’s salary calculated at the rate of salary drawn by the disabled police officer at the time of the receipt of the injury.
(4)  For the purpose of paragraph (3)(a) —
(a)if the injury is non-accidental, the allowance shall not be less than such proportion of the annual salary as specified in Scale No. 3 of the Third Schedule; and
(b)if the injury is accidental, the allowance shall not be less than such portion of the annual salary as specified in Scale No. 4 of the Third Schedule,
but in any case, the minimum allowance payable shall be $20 per month plus such amount as would from time to time be payable to a police officer of the same rank in respect of children’s allowances.
(5)  Where a police officer who has completed 10 years of reckonable service sustains a permanent total disablement from an injury received in the execution of his duty which enables him to qualify for an award under paragraph (2), he may elect to be paid a compensation in lieu of that award, in which event it shall be lawful for the award officer to grant to the police officer as compensation —
(a)a sum equivalent to the amount calculated under the Workmen’s Compensation Act (Cap. 354), as if he were a workman under that Act; or
(b)all moneys, whether vested or not, standing to the credit of the police officer in his Retention Account, Retirement Account and CPF Top-Up Account, if applicable, at the date of his injury,
whichever is the greater.
(6)  Where a police officer who —
(a)has completed 10 years of reckonable service;
(b)has been retired on account of a permanent total disablement arising from an injury received in the execution of his duty; and
(c)has been receiving an award under this regulation,
dies within 5 years from the date he received the injury, an award officer may, subject to paragraph (7), grant to such of his dependants as the award officer may think fit, or if there are no dependants, to his legal personal representatives —
(i)an allowance in accordance with regulation 26(1), as if he had died from the injury; and
(ii)as compensation —
(A)a sum equivalent to the amount calculated under the Workmen’s Compensation Act (Cap. 354), as if he had died as a result of the injury and as if he were a workman under that Act; or
(B)all moneys, whether vested or not, standing to the credit of the police officer in his Retention Account, Retirement Account and CPF Top-Up Account, if applicable, as if he had died from the injury,
whichever is the greater.
(7)  Any compensation payable to the dependants or the legal personal representatives of a deceased police officer under paragraph (6)(ii) shall be reduced by the aggregate amount of the moneys already paid to the deceased police officer under regulation 18 from the date of his retirement to the date of his death, and where the aggregate amount of the moneys already paid to the deceased police officer under regulation 18 exceeds the compensation payable under paragraph (6)(ii), such excess amount shall, subject to paragraph (8), be recoverable by regular monthly deductions from the award payable to the dependants of the deceased police officer under regulation 26.
(8)  Any deduction made from an award payable to the dependants of a deceased police officer under paragraph (7) should, if it is reasonably practicable, leave a balance adequate for the maintenance of the dependants.
(9)  Where —
(a)a police officer who —
(i)was in the pensionable service prior to his conversion to the INVEST Plan; and
(ii)has completed less than 10 years of reckonable service; or
(b)a senior police officer who —
(i)was appointed on or after 1st October 2001;
(ii)is not on the provident fund scheme applicable to non-pensionable employees of the Government under the Central Provident Fund Act (Cap. 36); and
(iii)has completed less than 10 years of reckonable service,
sustains a permanent total disability from an injury received in the execution of his duty, it shall be lawful for an award officer to grant to such police officer or senior police officer as compensation in addition to an award payable under paragraph (2) —
(A)a sum equivalent to the amount calculated under the Workmen’s Compensation Act (Cap. 354), as if death has resulted from the injury and as if he were a workman under that Act; or
(B)all moneys, whether vested or not, standing to the credit of the police officer or senior police officer in his Retention Account, Retirement Account and CPF Top-Up Account, if applicable, as if he had died from the injury,
whichever is the greater.
(10)  Where a police officer who —
(a)is on the provident fund scheme applicable to non-pensionable employees of the Government under the Central Provident Fund Act (Cap. 36); and
(b)has completed less than 10 years of reckonable service,
sustains a permanent total disablement from an injury received in the execution of his duty which enables him to qualify for an award under paragraph (2), he may elect to be paid a compensation in lieu of the said award, in which event it shall be lawful for an award officer to grant to the police officer as compensation —
(i)a sum equivalent to the amount calculated under the Workmen’s Compensation Act as if he were a workman under that Act; or
(ii)all moneys, whether vested or not, standing to the credit of the police officer in his Retention Account, Retirement Account and CPF Top-Up Account, if applicable, as if he had died from the injury,
whichever is the greater.
(11)  Where a police officer sustains a permanent partial disablement from an injury received in the execution of his duty and is entitled to an award payable under paragraph (3), he may elect to be paid a compensation in lieu of that award, in which event an award officer may grant to the police officer as compensation a sum equivalent to the amount calculated for permanent partial disablement under the Workmen’s Compensation Act, as if he were a workman under that Act.
(12)  Where a police officer or, on his death, his dependants or legal personal representatives is or are entitled to receive any benefit under regulation 26, an award officer may on the ground of exceptional circumstances increase the amount of benefits payable by a further 30%.
(13)  The aggregate amount of any allowance and the additional 30% of such award payable to the police officer or his dependants under paragraph (12) shall not exceed the police officer’s last drawn emoluments.
(14)  This regulation shall apply, with the necessary modifications, to an intelligence officer and for this purpose —
(a)any reference to a police officer shall be read as a reference to an intelligence officer; and
(b)any reference to the Commissioner of Police shall be read as a reference to the Director, Internal Security Department.”.
Amendment of regulation 33
12.  Regulation 33 of the principal Regulations is amended by deleting “175.12” in the formula and substituting “175.14”.
Amendment of Second Schedule
13.  The Second Schedule to the principal Regulations is amended —
(a)by deleting paragraphs 3 and 4 (excluding the Tables below paragraph 4) and substituting the following paragraphs:
3.  In the case of members who have received the one-time contribution of $3,700, the amount shall vest in the member —
(a)on completion of 12 years of service or as at 1st October 2002, whichever is the later; or
(b)in the case of a member who has served 12 years of service but who had passed away before 1st October 2002, on the day immediately after his completion of 12 years of service.
4.  Subject to regulation 18 (3), the portion of moneys in a member’s Retirement Account as specified in the second column shall vest in the member on his attaining the age specified in the first column in relation to that portion.”; and
(b)by deleting the words “4. For the purposes of paragraph 3” (page 37) and substituting the words “5. For the purposes of paragraph 3”.

Made this 25th day of January 2003.

TAN GUONG CHING
Permanent Secretary,
Ministry of Home Affairs,
Singapore.
[MHA 181/2/004 Vol. 3; AG/LEG/SL/126B/2001/1 Vol. 2]