Restoration of moneys transferred
12.—(1)  Where —
(a)any amount has been transferred to the ordinary account of a member under regulation 10(1) or to the general moneys of the Fund under regulation 10(2); and
(b)the Board is satisfied that any of the conditions under regulation 9(1) for such transfer has not been met,
the Board may, in such manner as it thinks fit, restore to the member’s accounts in the Fund the amount which has been so transferred to the ordinary account of the member or the general moneys of the Fund, as the case may be, including the whole or such part, as the Board may determine, of any interest that would have been payable thereon if such transfer had not been made.
(2)  Where any amount has been transferred to —
(a)the ordinary account of a member under regulation 10(1); or
(b)the general moneys of the Fund under regulation 10(2),
and the Board is notified of the member’s death, the transferred amount (including the whole or such part, as the Board may determine, of any interest that would have been payable thereon if such transfer had not been made) may be restored to the member’s accounts in the Fund.
(3)  Where any amount has been transferred to —
(a)the ordinary account of a member under regulation 11(1); or
(b)the general moneys of the Fund under regulation 11(2),
the Board may, upon being satisfied that any person is entitled to the whole or any part of the amount under section 25 of the Act, restore the whole or any part of that amount (including the whole or such part, as the Board may determine, of any interest that would have been payable if the transfer had not been made) to the member’s accounts in the Fund from which that amount had been transferred.
(4)  Where any amount has been transferred to —
(a)the ordinary account of a member under regulation 11(1); or
(b)the general moneys of the Fund under regulation 11(2),
and the Board is served with an order of court referred to in section 27B of the Act awarding the spouse of the member any amount to be paid out from the moneys standing to the credit of the member in the Fund (including any moneys which are payable or repayable to the Fund to the credit of the member) —
(i)where the amount awarded under the order of court exceeds the amount standing to the member’s credit in the Fund (including the whole or such part, as the Board may determine, of any interest that would have been payable thereon if the transfer had not been made), the Board may restore the latter amount (including interest) to the member’s accounts in the Fund from which that amount had been transferred; or
(ii)where the amount awarded under the order of court does not exceed the amount standing to the member’s credit in the Fund (including the whole or such part, as the Board may determine, of any interest that would have been payable thereon if the transfer had not been made), the Board may restore the former amount to the member’s accounts in the Fund from which that amount had been transferred.
(5)  Subject to regulation 7(2), where any amount has been transferred to the general moneys of the Fund before 1st January 2011 and —
(a)the Board is satisfied that the member is alive; or
(b)the Board is satisfied that any person is entitled to the whole or part of the amount under the Act,
the Board may restore to the member’s accounts in the Fund the amount which has been so transferred together with such interest as the Board may, in its discretion, determine.
(6)  For the purpose of paragraph (2), the Board is notified of a member’s death if it has received satisfactory proof of, or obtained reliable information on, the member’s death from any person, and such proof of death or information may be received or obtained before, on or after 1st January 2011.
[S 820/2010 wef 01/01/2011]