No. S 739
Singapore Armed Forces Act
(CHAPTER 295)
Singapore Armed Forces
(Premium 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 (Premium Plan) (Amendment) Regulations 2020 and come into operation on 1 September 2020.
Amendment of regulation 2
2.  Regulation 2 of the Singapore Armed Forces (Premium Plan) Regulations (Rg 22) (called in these Regulations the principal Regulations) is amended —
(a)by deleting the words “upon the member completing not less than 10 years of reckonable service” in the definition of “CARE Initial Quantum” in paragraph (1);
(b)by deleting the definition of “injuries received in and which are attributable to service” in paragraph (1) and substituting 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 deleting the words “, 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” in paragraph (a) of the definition of “member” in paragraph (1);
(d)by inserting, immediately after paragraph (b) of the definition of “member” in paragraph (1), the following paragraph:
“(c)any serviceman in the military domain experts service who opts to convert to the Premium Plan under Part VIII;”;
(e)by inserting, immediately after the words “regulation 12(1)(b)(iii)” in the definition of “ND‑CARE benefit” in paragraph (1), the words “, (ba)(iii) and (c)(ii)”;
(f)by inserting, immediately after the definition of “ND‑CARE benefit” 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;”; 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 of the principal Regulations is amended —
(a)by inserting, immediately after the word “soldier” in paragraph (a), the words “or military expert”; and
(b)by inserting, immediately after paragraph (k), the following paragraph:
“(ka)any period of no pay maternity leave;”.
Amendment of regulation 9
5.  Regulation 9(1) of the principal Regulations is amended by inserting, immediately after the word “member” in sub‑paragraph (h), the words “(except for the whole period of no pay maternity leave)”.
Amendment of regulation 11
6.  Regulation 11 of the principal Regulations is amended by deleting paragraph (g) and substituting the following paragraph:
“(g)if he requests the permission of the Armed Forces Council to retire —
(i)in the case of a member who enlisted for regular service before 1 April 2010 — after completing 15 years of service; or
(ii)in the case of a member who enlisted for regular service on or after 1 April 2010 — after completing 12 years of service;”.
Amendment of regulation 12
7.  Regulation 12 of the principal Regulations is amended —
(a)by inserting, immediately after the words “1st April 2010” in paragraph (1)(b), the words “who completed not less than 10 years of reckonable service as at that date”;
(b)by deleting the words “fulfils the conditions in paragraph 3 of the First Schedule” in paragraph (1)(b)(iii) and substituting the words “receives the first contribution to his CARE Account on or after 1 January 2007, or opts on or after 1 January 2007 to have his CARE Account vest according to the vesting scale in paragraph 3 of the First Schedule”;
(c)by inserting, immediately after sub‑paragraph (b) of paragraph (1), the following sub‑paragraph:
“(ba)in the case of the CARE Account of a member enlisted for regular service before 1 April 2010 who completed less than 10 years of reckonable service as at that date, upon that member attaining the rank of Warrant Officer —
(i)a CARE Initial Quantum at such rate and under such conditions as the Armed Forces Council may, by General Order, determine;
(ii)a monthly contribution at the prescribed rate of the member’s Premium salary;
(iii)if the member is a naval diver who receives the first contribution to his CARE Account on or after 1 January 2007, or opts on or after 1 January 2007 to have his CARE Account vest according to the vesting scale 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
(iv)if the member is a soldier in a combat vocation, a sum equivalent to 2 months of his gross salary upon that member having completed not less than 12 years of reckonable service;”;
(d)by deleting the word “and” at the end of paragraph (1)(c)(i);
(e)by deleting the words “who fulfils the conditions in paragraph 3 of the First Schedule” in paragraph (1)(c)(ii);
(f)by inserting, immediately after sub‑paragraph (ii) of paragraph (1)(c), the following sub‑paragraph:
“(iii)if the member attains the rank of Warrant Officer before the completion of 12 years of reckonable service, a contribution of a retention bonus at such rate and under such conditions as the Armed Forces Council may, by General Order, determine;”;
(g)by inserting, immediately after sub‑paragraph (c) of paragraph (1), the following sub‑paragraph:
“(ca)in the case of the CARE Account of a member enlisted for regular service on or after 1 April 2010, any retention bonus that would have been payable to the member in cash at the end of 6 years of reckonable service, but which the member opts to contribute into the CARE Account;”; and
(h)by inserting, immediately after the words “paragraph (1)(b)(ii)” in the definition of “prescribed rate” in paragraph (5), “, (ba)(ii)”.
Amendment of regulation 14
8.  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 19”.
Amendment of regulation 16
9.  Regulation 16(3) of the principal Regulations is amended by deleting sub‑paragraph (a) and substituting the following sub‑paragraph:
“(a)to the member’s CARE Account —
(i)for a member mentioned in regulation 12(1)(ba) or (c) who has not attained the rank of Warrant Officer immediately before he becomes an officer cadet, an amount out of the moneys held in the member’s Retirement Account under the Singapore Armed Forces (SAVER Plan) Regulations (Rg 19) that is equivalent to —
(A)the amount transferred from his CARE Account to his Retirement Account under regulation 15A(1)(b) of the Singapore Armed Forces (SAVER Plan) Regulations; and
(B)any dividend declared by the Board in respect of such transferred amount mentioned in sub‑paragraph (A) during his service as an officer cadet; and
(ii)for a member mentioned in regulation 12(1)(ba) or (c) who has attained the rank of Warrant Officer immediately before he becomes an officer cadet, or a member mentioned in regulation 12(1)(b) —
(A)the amount mentioned in sub‑paragraph (i)(A) and (B);
(B)an amount out of the moneys held in his Retirement Account under the Singapore Armed Forces (SAVER Plan) Regulations, that is credited to his Retirement Account under regulation 13(1)(b) of those Regulations starting on the date that he becomes a member of the SAVER Plan and ending immediately before the date of his reversion to a soldier; and
(C)any dividends declared by the Board in respect of such credited amount referred to in sub‑paragraph (B) during his service as an officer cadet;”.
Amendment of regulation 18
10.  Regulation 18 of the principal Regulations is amended —
(a)by inserting, immediately after paragraph (1B), the following paragraph:
“(1C)  Where a naval diver —
(a)receives his first contribution to his CARE Account on or after 1 January 2007; and
(b)retires or is required to retire, or resigns, from the Singapore Armed Forces above the age of 45 years,
the higher of the following sums vests in, and may be awarded to, the naval diver:
(c)the entire sum standing to his credit in his CARE Account at the age of 45 years, including the ND‑CARE benefit;
(d)the sum standing to his credit in his CARE Account according to the vesting scale in paragraph 1, 2 or 4 of the First Schedule at the date of his retirement or resignation, excluding the ND‑CARE benefit received by him,
subject to such conditions as the Armed Forces Council may, by General Order, impose.”;
(b)by deleting the words “paragraphs (1) and (1B)” in paragraph (2) and substituting the words “paragraphs (1), (1B) and (1C)”;
(c)by inserting, immediately after the words “paragraph (1)” in paragraph (2)(a), the words “, (1B) or (1C)”;
(d)by deleting the words “paragraph (1) or (1B)” in paragraph (2)(b) and (c) and substituting in each case the words “paragraph (1), (1B) or (1C)”;
(e)by deleting sub‑paragraph (a) of paragraph (3) and substituting the following sub‑paragraphs:
“(a)in the case of a member who enlisted for regular service before 1 April 2010, no sum in a member’s CARE Account vests in the member unless the member has completed not less than 15 complete years of reckonable service;
(aa)in the case of a member who enlisted for regular service on or after 1 April 2010, no sum in a member’s CARE Account vests in the member unless the member has completed not less than 12 complete years of reckonable service; and”;
(f)by deleting the words “, on the application of the person entitled to apply under regulation 19,” in paragraph (4);
(g)by inserting, immediately after “(1B),” in paragraph (4), “(1C),”;
(h)by deleting the word “applicant” in paragraph (4) and substituting the words “serviceman, or a person eligible to make an application under regulation 19”; and
(i)by deleting the words “minimum sum” in paragraph (7) and substituting the words “retirement sum”.
Amendment of regulation 19
11.  Regulation 19(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 24
12.  Regulation 24 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 26
13.  Regulation 26 of the principal Regulations is amended by deleting sub‑paragraph (a) of paragraphs (1) and (2) and substituting in each case 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”.
Amendment of regulation 27
14.  Regulation 27(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 he 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 28
15.  Regulation 28 of the principal Regulations is amended —
(a)by deleting the words “First Schedule to the Work Injury Compensation Act” in paragraph (3) and substituting the words “Fourth Schedule to the Work Injury Compensation Act 2019”; and
(b)by deleting the words “First Schedule to the Work Injury Compensation Act (Cap. 354)” in paragraph (4) and substituting the words “Fourth Schedule to the Work Injury Compensation Act 2019”.
Deletion of regulation 29
16.  Regulation 29 of the principal Regulations is deleted.
Deletion of regulations 31, 32 and 33
17.  Regulations 31, 32 and 33 of the principal Regulations are deleted.
Amendment of regulation 36
18.  Regulation 36 of the principal Regulations is amended —
(a)by deleting the words “injury (not being a minor injury specified in the Second Schedule) received in and which was attributable to service” in paragraph (1) and substituting the words “injury received in and which is attributable to service (not being a minor injury specified in the Second Schedule)”; and
(b)by deleting the words “injury received in and which was” in paragraph (2) and substituting the words “injury received in and which is”.
Amendment of regulation 37
19.  Regulation 37 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 38
20.  Regulation 38 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 41
21.  Regulation 41(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
22.  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
23.  The principal Regulations are amended by inserting, immediately after regulation 45, the following Part:
“PART VIII
CONVERSION from military domain
experts service to premium plan
Definition for this Part
46.  In this Part, “MDES Regulations” means the Singapore Armed Forces (Military Domain Experts Service) Regulations 2010 (G.N. No. S 186/2010).
Option for military expert to convert to Premium Plan
47.—(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 a soldier.
(2)  The serviceman must be given an option to convert to the Premium Plan or to remain in the military domain experts service.
(3)  Where the serviceman exercises an option to convert to the Premium 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
48.—(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 Premium Plan under regulation 47.
(2)  The serviceman continues to be eligible for the applicable gratuity in accordance with his contract of service 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 Premium Plan.
Preserved benefits for former military expert formerly on Premium Plan
49.—(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 Premium Plan under regulation 47.
(2)  All the following moneys remain as moneys standing to the credit of the serviceman in his CPF Top‑Up Account and CARE Account, respectively, under these Regulations:
(a)the moneys standing to the serviceman’s credit in his CPF Top‑Up Account and CARE 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 37(4) of the MDES Regulations before the date of the serviceman’s conversion to the Premium Plan.”.
Amendment of First Schedule
24.  The First Schedule to the principal Regulations is amended —
(a)by deleting the Schedule reference and substituting the following Schedule reference:
 
“Regulations 12(1) and 18(1), (1B) and (1C)”;
(b)by inserting, immediately after the words “paragraph 3” in paragraphs 1 and 2, the words “or members under paragraph 4”;
(c)by inserting, immediately after the word “Forces” in paragraph 1(a), the words “at the rank of Warrant Officer or above”;
(d)by deleting the words “converted to the Premium Plan” in paragraph 2 and substituting the words “enlisted for regular service as soldiers on the Premium Plan, or converted to the Premium Plan,”; and
(e)by inserting, immediately after the words “1st April 2010” in paragraph 4, the words “, or who transferred from the military domain experts service to become soldiers on the Premium Plan,”.
Saving provisions
25.—(1)  Despite regulation 12(a), regulation 24(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 24(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 13, regulation 26(1)(a) and (2)(a) 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 or 27 of the principal Regulations who is disabled from an applicable injury;
(b)a member mentioned in regulation 28(6) of the principal Regulations who sustained a minor injury that is an applicable injury;
(c)a member mentioned in regulation 35 or 35A of the principal Regulations who suffered total disability as a result of an applicable injury; and
(d)a member mentioned in regulation 36(1) 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 14, regulation 27(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 27 of the principal Regulations who is disabled from an applicable injury; and
(b)a member mentioned in regulation 28(6) of the principal Regulations who sustained a minor injury that is an applicable injury.
(4)  Despite regulation 15, regulation 28(3) and (4) 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 19, regulation 37 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 26, 35 or 35A 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 36(2) 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 20, a sum equivalent to the lump sum applicable under the Third Schedule to the Work Injury Compensation Act (Cap. 354) under regulation 38 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 377/2003; S 709/2004; S 553/2005; S 169/2007; S 163/2008; S 189/2010; S 240/2012; S 837/2019]
Made on 31 August 2020.
HO CHIN NING
Secretary,
Armed Forces Council,
Singapore.
[MINDEF U96J/16-2-3-5; AG/LEGIS/SL/295/2015/7 Vol. 1]
(To be presented to Parliament under section 207 of the Singapore Armed Forces Act).
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