7.—(1) Where —(a) | any amount has been authorised to be paid out of the Fund to any person entitled thereto under section 15, 20, 26 or 27 of the Act and that person has not obtained payment; and | (b) | the amount has not been successfully transferred to that person or the instrument in respect of such payment has been returned to the Board, |
the Board shall restore to the member’s account the amount or the value of the instrument as if such amount or value had been restored — |
(i) | from the date of the unsuccessful transfer of the amount to the person entitled to the payment; or | (ii) | where the instrument has been returned to the Board, from the date of return of the instrument or date of expiry of the instrument, whichever is earlier, |
and the Board shall credit the whole or such part, as the Board may determine, of the interest that would have been payable on the amount restored if that amount had not been debited from the member’s account, in such manner as the Board considers fit. |
(2) Where on any day in January in any year any amount is standing to the credit of any member of the Fund in respect of whom no contributions have been received during the period of 10 years immediately preceding such year and it appears to the Board —(a) | that the member is above the age of 100 years or such other greater age as may be determined by the Board; | (b) | that the member is dead and no claim has been received by the Board from any person entitled thereto for a period of 10 years from the date of death of that member; or | (c) | that the identity and the age of the member is unknown, |
the Board shall transfer the amount standing to the credit of that member in the Fund out of his account to the Reserve Account of the Fund. |
|
(3) All amounts that have, before 1st January 2003, been accounted for as unclaimed by the Board shall be transferred to the Reserve Account of the Fund. |
(4) If it is established that any condition for the transfer of any amount from a member’s account to the Reserve Account of the Fund has not been complied with, the Board shall restore to the member’s account the amount which has been so transferred and credit the whole or such part, as the Board may determine, of the interest that would have been payable on the amount restored if the transfer had not taken place, in such manner as the Board considers fit. |
(5) Where any amount has been transferred to the Reserve Account of the Fund under paragraph (2) or (3), the Board shall, upon the application of any person entitled to the whole or part of the amount, restore to the member’s account the amount which has been so transferred and credit the whole or such part, as the Board may determine, of the interest that would have been payable on the amount restored if the transfer had not taken place, in such manner as the Board considers fit. |
(6) Where —(a) | any amount has been authorised to be paid out of the Fund to any person entitled thereto under section 15, 20, 26 or 27 of the Act and that person has not obtained payment; | (b) | the amount has not been successfully transferred to that person or the instrument in respect of such payment has been returned to the Board; and | (c) | the amount or the value of the instrument has been subsequently transferred to the Reserve Account of the Fund under paragraph (3), |
the Board shall, upon the application of any person entitled to the whole or part of the amount, restore to the member’s account the amount as if such amount had been restored — |
(i) | from the date of the unsuccessful transfer of the amount to the person entitled to the payment; or | (ii) | where the instrument has been returned to the Board, from the date of return of the instrument or date of expiry of the instrument, whichever is earlier, and the Board shall credit the whole or such part, as the Board may determine, of the interest that would have been payable on the amount restored if that amount had not been debited from the member’s account, in such manner as the Board considers fit. |
|
(7) Except as provided in paragraphs (4), (5) and (6), no interest shall be payable on any amount which has been transferred to the Reserve Account of the Fund and any interest derived from the investment of any such amount shall be included with other income of the Fund. |
(8) In this regulation, “instrument” includes any bank draft, warrant or cheque. |
(9) For the purposes of paragraphs (1) and (6) —(a) | any amount paid out of the Fund and unsuccessfully transferred to the person entitled to such payment includes an amount paid out by the inter-bank GIRO or telegraphic transfer; and | (b) | where any amount is or was paid out of the Fund in any foreign currency, the amount or the value of the instrument restored to the member’s account may be more or less than the amount paid out of the Fund. [S 695/2002 wef 01/01/2003] |
|
|