10.—(1) The Board may, in its discretion and subject to such terms and conditions as it may impose, permit a member of the Fund who —(a) | has withdrawn any moneys under these Regulations for the purchase of a property (including any moneys lent to him under section 14A of the Act for the purchase of the property and withdrawn by him which have not been repaid); or | (b) | is required under section 27C(1)(g), 27DA(1)(g), 27DB(2)(c) or 27E(1)(f) of the Act to make a payment to the Fund upon the sale or disposal of a property, [S 692/2012 wef 01/01/2013] [S 217/2021 wef 01/04/2021] [S 267/2024 wef 31/12/2021] |
to sell, mortgage, lease, transfer or assign the property or his estate or interest therein to, or execute a charge on the property or his estate or interest therein in favour of, a person other than the Company if the Board is satisfied that adequate arrangements have been made to secure the payment to the member’s account in the Fund of the amount specified in this regulation or such part thereof as the Board may determine. |
[S 508/2007 wef 01/10/2007] [S 692/2012 wef 01/01/2013] (2) Subject to paragraphs (2A), (3) and (4), the member of the Fund who sells, mortgages, leases, transfers, assigns or executes a charge on the property or his estate or interest therein shall pay to his account in the Fund, in such manner as the Board may determine, whichever is the lesser of the following amounts:(a) | the net proceeds of the sale, mortgage, lease, transfer, assignment or charge, as the case may be; or | (b) | such of the following amounts as may be applicable to him or, if both amounts are applicable to him, the aggregate of both amounts:(i) | where paragraph (1)(a) applies to him, all moneys withdrawn by him under these Regulations for the purchase of the property (including any moneys lent to him under section 14A of the Act for the purchase of the property and withdrawn by him which have not been repaid), together with the whole or such part, as the Board may determine, of any interest that would have been payable thereon if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; | (ii) | where paragraph (1)(b) applies to him, the relevant amount. [S 444/2009 wef 01/10/2009] [S 692/2012 wef 01/01/2013] |
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(2A) Subject to paragraphs (3) and (4), where the member of the Fund sells, mortgages, leases, transfers or assigns the property or his estate or interest therein to, or executes the charge on the property or his estate or interest therein in favour of, any person without consideration or for a consideration below the market value of the property, the member of the Fund shall, unless the Board otherwise directs, pay to his account in the Fund, in such manner as the Board may determine the amount prescribed in paragraph (2)(b). [S 692/2012 wef 01/01/2013] [S 732/2011 wef 30/12/2011] |
(2B) [Deleted by S 692/2012 wef 01/01/2013] |
(2C) [Deleted by S 692/2012 wef 01/01/2013] |
(2D) [Deleted by S 692/2012 wef 01/01/2013] |
(3) Paragraphs (1), (2) and (2A) do not apply where the member of the Fund sells, transfers, assigns or disposes of only part (but not the whole) of his estate or interest in the property. [S 692/2012 wef 01/01/2013] |
(4) Notwithstanding paragraphs (2), (2A) and (3), where a member of the Fund transfers (other than by way of sale) his estate or interest in the property to his spouse pursuant to an order of court referred to in section 27C(1)(c), 27DA(1)(c), 27DB(1)(c) or 27E(1)(c) of the Act —(a) | in the case of an order of court referred to in section 27C(1)(c) of the Act, the person referred to in section 27C(1)(e) of the Act shall pay to the member’s account in the Fund, in such manner as the Board may determine, any amount referred to in section 27C(1)(e) of the Act which the person may be required by the order of court to pay to the Board; [S 732/2011 wef 30/12/2011] [S 692/2012 wef 01/01/2013] [S 267/2024 wef 31/12/2021] | (aa) | in the case of an order of court referred to in section 27DA(1)(c) of the Act, the person referred to in section 27DA(1)(e) of the Act shall pay to the member’s account in the Fund, in such manner as the Board may determine, any amount referred to in section 27DA(1)(e) of the Act which the person may be required by the order of court to pay to the Board; [S 692/2012 wef 01/01/2013] [S 217/2021 wef 01/04/2021] [S 267/2024 wef 31/12/2021] | (ab) | in the case of an order of court referred to in section 27DB(1)(c) of the Act, the person referred to in section 27DB(2)(a) of the Act must pay to the member’s account in the Fund, in the manner that the Board determines, any amount referred to in section 27DB(2)(a) of the Act which the person may be required by the order of court to pay to the Board; or [S 217/2021 wef 01/04/2021] | (b) | in the case of an order of court referred to in section 27E(1)(c) of the Act, the member or person referred to in section 27E(1)(e) of the Act shall pay to the member’s account in the Fund, in such manner as the Board may determine, such of the amounts referred to in section 27E(1)(e)(i), (ii) and (iii) of the Act as may be applicable to the member or person. [S 732/2011 wef 30/12/2011] [S 508/2007 wef 01/10/2007] [S 217/2021 wef 01/04/2021] [S 267/2024 wef 31/12/2021] |
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(5) In this regulation —“net proceeds”, in relation to any property, or a member’s estate or interest in a property, which is sold, transferred, assigned or disposed of, means the excess, if any, of —(a) | the consideration for the sale, transfer, assignment or disposal of the property, or of the member’s estate or interest in the property, as the case may be, or, if the Board so elects, the value of the property, or of the member’s estate or interest in the property, as the case may be, at the time of the sale, transfer, assignment or disposal as assessed by the Board; over | (b) | the aggregate of the following amounts paid in the following order:(i) | any amount under a housing loan for the purchase of the property, or of the member’s estate or interest in the property, as the case may be, which has not been repaid; and | (ii) | any amount which, under any written law, is to be paid to any other person in priority to the Fund, or such part of that amount as the Board determines to be attributable to the member’s estate or interest in the property, as the case may be; [S 692/2012 wef 01/01/2013] |
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“relevant amount” means —(a) | in relation to a member who is required under section 27C(1)(g) of the Act to make a payment to the Fund upon the sale or disposal of a property, the excess, if any, of —(i) | the amount payment of which was secured by the charge on the property referred to in section 27C(1)(b) of the Act; over | (ii) | the amount which has been paid to the Board under section 27C(1)(e) of the Act towards covering the deficiency in the retirement sum which the spouse is required to set aside; [S 649/2016 wef 01/01/2017] [S 267/2024 wef 31/12/2021] |
| (b) | in relation to a member who is required under section 27DA(1)(g) of the Act to make a payment to the Fund upon the sale or disposal of a property, the excess, if any, of —(i) | the amount payment of which was secured by the charge constituted under section 15AB(10) or (11) of the Act or a former provision on the property; over [S 134/2022 wef 01/03/2022] | (ii) | the amount which has been paid to the Board under section 27DA(1)(e) of the Act towards covering the deficiency in the retirement sum which the spouse is required to set aside; [S 649/2016 wef 01/01/2017] [S 217/2021 wef 01/04/2021] [S 267/2024 wef 31/12/2021] |
| (ba) | in relation to a member who is required under section 27DB(2)(c) of the Act to make a payment to the Fund upon the sale or disposal of a property, the excess (if any) of —(i) | the amount payment of which was secured by the charge constituted under section 15AB(13) of the Act or a former provision on the property; over [S 134/2022 wef 01/03/2022] | (ii) | the amount which has been paid to the Board under section 27DB(2)(a) of the Act towards covering the deficiency in the retirement sum which the spouse is required to set aside; or [S 217/2021 wef 01/04/2021] |
| (c) | in relation to a member who is required under section 27E(1)(f) of the Act to make a payment to the Fund upon the sale or disposal of a property, the excess, if any, of —(i) | the amount which would have been payable to the account of the member’s spouse in the Fund under paragraph (2) or (2A) (excluding such interest or part thereof payable under the applicable paragraph as the Board may determine), if there was no order of court referred to in section 27E(1)(c) of the Act requiring the transfer (other than by way of sale) of the spouse’s interest in the property to the member; over | (ii) | the amount which has been paid to the Fund to the credit of the spouse under section 27E(1)(e) of the Act; [S 692/2012 wef 01/01/2013] [S 267/2024 wef 31/12/2021] |
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“spouse” includes a former spouse. |
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(6) [Deleted by S 692/2012 wef 01/01/2013] |
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