3.—(1) Where, under an order of court, the spouse of a member of the Fund has been awarded any amount standing to the credit of the member in the Fund, including any money which is payable or repayable to the Fund to the credit of the member, the designated account that is maintained, or to be maintained, for the spouse and to which any part of the amount is to be transferred under section 27B(1)(a)(i) of the Act shall be —| (a) | if that part of the amount is to be transferred from the member’s ordinary account, the spouse’s ordinary account; | | (b) | if that part of the amount is to be transferred from the member’s medisave account, the spouse’s medisave account; | | (c) | if that part of the amount is to be transferred from the member’s special account or retirement account, and the spouse is not entitled under section 15(2)(a), (b) or (c), 15AA(1) or 27 of the Act or a former provision (as the case may be) to withdraw the sum standing to the credit of the spouse in the Fund, the spouse’s special account; or [S 234/2015 wef 24/04/2015] [S 123/2022 wef 01/03/2022] | | (d) | if that part of the amount is to be transferred from the member’s special account or retirement account, and the spouse is entitled under section 15(2)(a), (b) or (c), 15AA(1) or 27 of the Act or a former provision (as the case may be) to withdraw the sum standing to the credit of the spouse in the Fund —| (i) | in a case where section 15AA(3)(a) of the Act applies to the spouse because the spouse is suffering from a terminal illness or disease, or section 15AA(3)(b) or (c) of the Act or a former provision applies to the spouse (as the case may be), the spouse’s ordinary account; or [S 123/2022 wef 01/03/2022] | | (ii) | in any other case —| (A) | the spouse’s retirement account, for so much of that part of the amount as will not cause the amount standing to the credit of the spouse in the spouse’s retirement account to exceed —| (AA) | where section 15AA(5) of the Act or section 15(2A), (7B) or (8A) of the Act as in force before 1 March 2022 applies to the spouse, the amount specified by the Minister under section 15AA(5)(a) of the Act or section 15(2A)(a), (7B)(a) or (8A)(a) of the Act as in force before 1 March 2022, as the case may be; or [S 123/2022 wef 01/03/2022] | | (AB) | where section 15(6) or (6A) of the Act applies to the spouse, the retirement sum which the spouse is required to set aside; and [S 658/2016 wef 01/01/2017] |
| | (B) | the spouse’s ordinary account, for any remainder of that part of the amount. [S 234/2015 wef 24/04/2015] [S 123/2022 wef 01/03/2022] |
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| | (e) | [Deleted by S 234/2015 wef 24/04/2015] |
| (2) The designated account that is maintained, or to be maintained, for the spouse of a member of the Fund and to which the Board shall credit any amount paid on or after 1st January 2013 by the spouse to the Fund under section 27C(1)(g), 27D(1)(h), 27DA(1)(g) or 27DB(2)(c) of the Act shall be the spouse’s special account. [S 710/2012 wef 01/01/2013] [S 225/2021 wef 01/04/2021] [S 264/2024 wef 31/12/2021] |
(3) Where a member of the Fund has withdrawn any money standing to his credit in the Fund for all or any of the purposes referred to in section 21(1), 21A(1) or 21B(1) of the Act in relation to any immovable property or HDB flat, and an order of court is made requiring the transfer (other than by way of sale) of the member’s estate or interest in the immovable property or HDB flat to his spouse, the designated account that is maintained, or to be maintained, for the spouse and to which the Board shall credit any amount paid on or after 1st January 2013 by the spouse to the Fund under section 27E(1)(f) or 27F(1)(f) of the Act shall be —| (a) | in any case where the transfer (other than by way of sale) is completed before 1st January 2013, and the member is required to comply with section 15(6)(a) of the Act at the time the transfer is completed, the spouse’s special account; or [S 710/2012 wef 01/01/2013] | | (b) | in any other case —| (i) | where the money was withdrawn solely from the member’s ordinary account or retirement account, or was withdrawn partly from the member’s ordinary account and partly from the member’s retirement account, the spouse’s ordinary account; or | | (ii) | where the money was withdrawn solely from the member’s special account, or was withdrawn partly from the member’s special account and partly from either or both of the member’s ordinary account and retirement account —| (A) | the spouse’s special account, for the amount of the money withdrawn from the member’s special account, together with the whole or such part, as the Board may determine, of any interest that would have been payable thereon if the withdrawal had not been made; and | | (B) | the spouse’s ordinary account, for any remainder of the amount paid by the spouse. [S 710/2012 wef 01/01/2013] [S 264/2024 wef 31/12/2021] |
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