Singapore Armed Forces (SAVER Plan) (Amendment) Regulations 2020

No. S 738

Singapore Armed Forces Act

(CHAPTER 295)

Singapore Armed Forces
(SAVER Plan) (Amendment)
Regulations 2020

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

Citation and commencement

1. These Regulations are the Singapore Armed Forces (SAVER Plan) (Amendment) Regulations 2020 and come into operation on 1 September 2020.

Amendment of regulation 2

2. Regulation 2 of the Singapore Armed Forces (SAVER Plan) Regulations (Rg 19) (called in these Regulations the principal Regulations) is amended —

(a)

by deleting the definition of “injuries received in and which are attributable to service” in paragraph (1);

(b)

by inserting, immediately after the definition of “injury” in paragraph (1), the following definition:

“ “injury received in and which is attributable to service” includes the following:

(a)	any injury received in consequence of some act lawfully performed in the discharge of a member’s duties;
(b)	any injury received while on a journey necessary to enable a member to report for duty or to return home after duty;”;

(c)

by inserting, immediately after paragraph (c) of the definition of “member” in paragraph (1), the following paragraph:

“(d)	any serviceman in the military domain experts service who opts to convert to the SAVER Plan under Part VIII;”;

(d)

by inserting, immediately after the definition of “member” in paragraph (1), the following definition:

“ “no pay maternity leave” means any no pay leave granted by the Director of Manpower under regulation 9 of the Singapore Armed Forces (Leave) Regulations (Rg 12) to a servicewoman who has been in service for at least 90 days before the date of her confinement, in respect of the birth of her child;”;

(e)

by inserting, immediately after the words “enlists for” in paragraph (b) of the definition of “SAVER end date” in paragraph (1), the words “, or is transferred to,”;

(f)

by deleting the words “Lieutenant Colonel” in paragraph (b)(i) of the definition of “SAVER end date” in paragraph (1) and substituting the words “Senior Lieutenant‑Colonel”; and

(g)

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

“(1A) For the purposes of these Regulations, an injury is not attributable to service by reason only of the injury having been received while on duty, at a place of duty or on any land, premises, vehicle, ship or aircraft for the time being used by or for the purposes of the Singapore Armed Forces.”.

Amendment of regulation 2A

3. Regulation 2A of the principal Regulations is amended by inserting, immediately after the words “provided in”, the words “these Regulations or”.

Amendment of regulation 8

4. Regulation 8(1) of the principal Regulations is amended —

(a)

by inserting, immediately after the words “an officer” in sub‑paragraph (a), the words “, a military expert or a soldier”; and

(b)

by inserting, immediately after sub‑paragraph (l), the following sub‑paragraph:

“(la)

any period of no pay maternity leave;”.

Amendment of regulation 9

5. Regulation 9 of the principal Regulations is amended by inserting, immediately after the word “member” in paragraph (h), the words “(except for the whole period of no pay maternity leave)”.

Amendment of regulation 14

6. Regulation 14(2) of the principal Regulations is amended by deleting the words “, and on the application of the person eligible to withdraw the money under regulation 18”.

Amendment of regulation 15A

7. Regulation 15A of the principal Regulations is amended —

(a)

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

“(1A) In addition to the transfers mentioned in paragraph (1), where a soldier who is a member of the Premium Plan after 31 March 2010 becomes an officer cadet after that date —

(a)

an amount, A, which is calculated in accordance with the following formula must be credited into his Savings Account under the SAVER Plan:

where —

(i)	RB₁is any retention bonus that would have been payable to the soldier had he remained a member of the Premium Plan for 10 years;
(ii)	RS₁ is the period of the soldier’s reckonable service as a member of the Premium Plan immediately before the date that he becomes an officer cadet; and
(iii)	S₁ is the number of years of service required for any RB₁ to be payable to the soldier; and

(b)

where the soldier has not less than 6 years of reckonable service, an amount, B, which is calculated in accordance with the following formula must be credited into his Retirement Account under the SAVER Plan:

where —

(i)	RB₂is any retention bonus that would have been payable to the soldier after more than 10 years had he remained a member of the Premium Plan;
(ii)	RS₂ is the period of the soldier’s reckonable service as a member of the Premium Plan, starting on the first day of his 7th year of reckonable service and ending on the date immediately before the date that he becomes an officer cadet; and
(iii)	S₂ is the number of years of service required for any RB₂ to be payable to the soldier.”;

(b)

by deleting the word “failure” in paragraph (3)(a) and substituting the word “reversion”; and

(c)

by inserting, immediately after the word “Regulations” in paragraph (3)(d), the words “, and all other moneys not so transferred must be forfeited”.

Amendment of regulation 17

8. Regulation 17 of the principal Regulations is amended —

(a)	by deleting the words “, on the application of the person eligible under regulation 18,” in paragraph (4);
(b)	by deleting the word “applicant” in paragraph (4) and substituting the words “serviceman, or a person eligible to make an application under regulation 18,”; and
(c)	by deleting the words “minimum sum” in paragraph (7) and substituting the words “retirement sum”.

Amendment of regulation 18

9. Regulation 18(1) of the principal Regulations is amended —

(a)	by deleting the words “apply to”; and
(b)	by inserting, immediately after the word “Regulations” in sub‑paragraph (b)(i) and (ii), the words “, who makes an application for such withdrawal”.

Amendment of regulation 23

10. Regulation 23 of the principal Regulations is amended —

(a)

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

“(b)	compensation calculated in accordance with paragraph 1 of the First Schedule to the Work Injury Compensation Act 2019 (Act 27 of 2019) as if the member were an employee under that Act; and”;

(b)

by deleting the words “injuries received in and which were” in paragraph (4) and substituting the words “an injury received in and which is”; and

(c)

by deleting the word “injuries” in the regulation heading and substituting the word “injury”.

Amendment of regulation 25

11. Regulation 25 of the principal Regulations is amended —

(a)

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

“(a)	compensation calculated in accordance with paragraph 2 of the First Schedule to the Work Injury Compensation Act 2019 as if the member were an employee under that Act; and”;

(b)

by deleting the words “an amount equal to the lump sum calculated for permanent total incapacity of an employee under the Third Schedule of the Work Injury Compensation Act as if the member was” in paragraph (2)(a) and substituting the words “compensation calculated in accordance with paragraph 2 of the First Schedule to the Work Injury Compensation Act 2019 as if the member were”; and

(c)

by deleting sub-paragraph (i) of paragraph (2)(b) and substituting the following sub‑paragraph:

“(i)	compensation calculated in accordance with paragraph 2 of the First Schedule to the Work Injury Compensation Act 2019 as if the member were an employee under that Act; and”.

Amendment of regulation 26

12. Regulation 26(1) of the principal Regulations is amended by deleting the words “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 substituting the words “compensation calculated in accordance with paragraph 3 of the First Schedule to the Work Injury Compensation Act 2019 in respect of the injury as if the member were an employee under that Act”.

Amendment of regulation 27

13. Regulation 27(5) of the principal Regulations is amended by deleting the words “First Schedule to the Work Injury Compensation Act (Cap. 354)” and substituting the words “Fourth Schedule to the Work Injury Compensation Act 2019”.

Deletion of regulation 28

14. Regulation 28 of the principal Regulations is deleted.

Deletion of regulations 30, 31 and 32

15. Regulations 30, 31 and 32 of the principal Regulations are deleted.

Amendment of regulation 35

16. Regulation 35 of the principal Regulations is amended by deleting the words “injury (not being a minor injury specified in the Fourth Schedule) received in and which was attributable to service” and substituting the words “injury received in and which is attributable to service (not being a minor injury specified in the Fourth Schedule)”.

Amendment of regulation 36

17. Regulation 36 of the principal Regulations is amended by deleting paragraph (a) and substituting the following paragraph:

“(a)	compensation calculated in accordance with paragraph 3 of the First Schedule to the Work Injury Compensation Act 2019 in respect of the injury received by the member as if the member were an employee under that Act; and”.

Amendment of regulation 37

18. Regulation 37 of the principal Regulations is amended by deleting the words “any sum equivalent to the lump sum applicable under the Third Schedule to the Work Injury Compensation Act (Cap. 354) as if a member was” in paragraphs (1) and (2) and substituting in each case the words “compensation calculated in accordance with paragraph 1, 2 or 3 of the First Schedule to the Work Injury Compensation Act 2019 as if a member were”.

Amendment of regulation 40

19. Regulation 40(1) of the principal Regulations is amended by deleting the words “the injuries that were received in and which were attributable to service have” and substituting the words “a member’s injury received in and which is attributable to service has”.

Amendment of heading to Part VII

20. Part VII of the principal Regulations is amended by inserting, immediately after the word “CONVERSION” in the Part heading, the words “FROM PENSION, ETC.,”.

New Part VIII

21. The principal Regulations are amended by inserting, immediately after regulation 47, the following Part:

“PART VIII

conversion from military domain
experts Service to saver plan

Definitions for this Part

48. In this Part —

“MDES Regulations” means the Singapore Armed Forces (Military Domain Experts Service) Regulations 2010 (G.N. No. S 186/2010);

“Premium Plan” means the Premium Plan established by the Singapore Armed Forces (Premium Plan) Regulations (Rg 22).

Option for military expert to convert to SAVER Plan, etc.

49.—(1) This regulation applies in relation to a serviceman whom the proper authority considers eligible to be transferred from the military domain experts service to regular service as an officer.

(2) The serviceman must be given an option to convert to the SAVER Plan or to remain in the military domain experts service.

(3) Where the serviceman exercises an option to convert to the SAVER Plan, that option is irrevocable, but nothing in this regulation prohibits or prevents the proper authority from subsequently transferring the serviceman to any other uniformed service.

Preserved benefits for former military expert on contract service

50.—(1) This regulation applies to a serviceman who —

(a)	is a military expert serving under a contract; and
(b)	subsequently opts to convert to the SAVER Plan under regulation 49.

(2) The serviceman continues to be eligible for a gratuity in accordance with his contract and Chapter 3 of Part III of the Singapore Armed Forces (Pensions) Regulations (Rg 9), on and after the date of the serviceman’s conversion to the SAVER Plan.

Preserved benefits for former military expert formerly on SAVER Plan

51.—(1) This regulation applies in relation to a serviceman who —

(a)	opted to be transferred to the military domain experts service under regulation 36(1) of the MDES Regulations; and
(b)	subsequently opts to convert to the SAVER Plan under regulation 49.

(2) All the following moneys remain as moneys standing to the credit of the serviceman in his CPF Top‑Up Account, Savings Account and Retirement Account, respectively, under these Regulations:

(a)	the moneys standing to the serviceman’s credit in each account immediately before the date of his transfer to the military domain experts service under paragraph (1)(a);
(b)	all the dividends credited by the Board to the serviceman’s accounts in the SAVER‑Premium Fund under regulation 36(3) of the MDES Regulations before the date of the serviceman’s conversion to the SAVER Plan.

Preserved benefits for former military expert formerly on Premium Plan

52.—(1) This regulation applies in relation to a serviceman who —

(a)	opted to be transferred to the military domain experts service under regulation 37(1) of the MDES Regulations; and
(b)	subsequently opts to convert to the SAVER Plan under regulation 49.

(2) All contributions standing to the credit of the serviceman’s CPF Top‑Up Account under regulation 12(1)(a) of the Singapore Armed Forces (Premium Plan) Regulations before the date of his transfer to the military domain experts service must be transferred to the serviceman’s CPF Top‑Up Account under the SAVER Plan on the date that he becomes a member of the SAVER Plan.

(3) All contributions standing to the credit of the serviceman’s CARE Account under regulation 12(1)(b), (ba), (c) or (ca) of the Singapore Armed Forces (Premium Plan) Regulations before the date of his transfer to the military domain experts service, must be transferred to the serviceman’s Retirement Account under the SAVER Plan on the date that he becomes a member of the SAVER Plan.

(4) Any CARE Initial Quantum and other contributions standing to the credit of the serviceman’s CARE Account under regulation 37(3) of the MDES Regulations before the date of the serviceman’s conversion to the SAVER Plan must be transferred to the serviceman’s Retirement Account under the SAVER Plan.

(5) All dividends credited to the serviceman’s accounts in the SAVER‑Premium Fund under regulation 37(4) of the MDES Regulations before the date of the serviceman’s conversion to the SAVER Plan, must be transferred to the following accounts of the serviceman on that date:

(a)	where the dividends were credited into the CPF Top‑Up Account of the serviceman under the Premium Plan — to the serviceman’s CPF Top‑Up Account under the SAVER Plan;
(b)	where the dividends were credited into the CARE Account of the serviceman under the Premium Plan — to the serviceman’s Retirement Account under the SAVER Plan.

(6) Any post-retirement benefits granted to the serviceman under regulation 37(17) of the MDES Regulations may continue to be granted to the serviceman after he becomes a member of the SAVER Plan.”.

Amendment of Fourth Schedule

22. The Fourth Schedule to the principal Regulations is amended —

(a)	by deleting “L 1” in item (2)(b) and substituting “L”; and
(b)	by deleting the words “other toe” in item (2)(b)(i) and substituting the words “One toe, excluding great toe”.

Saving provisions

23.—(1) Despite regulation 10(a), regulation 23(1)(b) of the principal Regulations as in force before 1 September 2020 continues to apply, as if the Work Injury Compensation Act 2019 (Act 27 of 2019) had not been enacted, to —

(a)	a member who dies as a result of any applicable injury; and
(b)	a member mentioned in regulation 23(4) of the principal Regulations whose death is caused as a result of the aggravation, starting before that date, of an adverse medical condition mentioned in that regulation by service.

(2) Despite regulation 11, regulation 25(1)(a), (2)(a) and (b)(i) of the principal Regulations as in force before 1 September 2020 continues to apply, as if the Work Injury Compensation Act 2019 had not been enacted, to —

(a)	a member mentioned in regulation 25 or 26 of the principal Regulations who is disabled from an applicable injury;
(b)	a member mentioned in regulation 27(7) of the principal Regulations who sustained a minor injury that is an applicable injury;
(c)	a member mentioned in regulation 34 or 34A of the principal Regulations who suffered total disability as a result of an applicable injury; and
(d)	a member mentioned in regulation 35 of the principal Regulations whose total disability is determined by the Armed Forces Council to be caused by aggravation, starting before that date, of an adverse medical condition mentioned in that regulation by service.

(3) Despite regulation 12, regulation 26(1) of the principal Regulations as in force before 1 September 2020 continues to apply, as if the Work Injury Compensation Act 2019 had not been enacted, to —

(a)	a member mentioned in regulation 26 of the principal Regulations who is disabled from an applicable injury; and
(b)	a member mentioned in regulation 27(7) of the principal Regulations who sustained a minor injury that is an applicable injury.

(4) Despite regulation 13, regulation 27(5) of the principal Regulations as in force before 1 September 2020 continues to apply to a member whose disablement is due to an applicable injury as if the Work Injury Compensation Act 2019 had not been enacted.

(5) Despite regulation 17, regulation 36 of the principal Regulations as in force before 1 September 2020 continues to apply, as if the Work Injury Compensation Act 2019 had not been enacted, to —

(a)

a member who —

(i)	would have been eligible in a case of total disability for any award under regulation 25, 34 or 34A of the principal Regulations as in force before that date; and
(ii)	suffers partial disability as a result of an applicable injury; and

(b)

a member mentioned in regulation 36A of the principal Regulations whose partial disability is determined by the Armed Forces Council to be caused by aggravation, starting before that date, of an adverse medical condition mentioned in that regulation by service.

(6) Despite regulation 18, a sum equivalent to the lump sum applicable under the Third Schedule to the Work Injury Compensation Act (Cap. 354) under regulation 37 of the principal Regulations as in force before 1 September 2020 is to be calculated in respect of any member mentioned in paragraph (1), (2), (3) or (5) as if the Work Injury Compensation Act 2019 had not been enacted.

(7) In this regulation, “applicable injury” means an injury received in and which is attributable to service, that is received before 1 September 2020.

[G.N. Nos. S 376/2003; S 516/2004; S 107/2005; S 168/2007; S 162/2008; S 188/2010; S 239/2012]

Made on 31 August 2020.

HO CHIN NING

Secretary,
Armed Forces Council,
Singapore.

[MINDEF U96J/16-2-3-5; AG/LEGIS/SL/295/2015/6 Vol. 2]

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

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