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) or 27 of the Act to withdraw the sum standing to the credit of the spouse in the Fund, the spouse’s special account; | | (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) or 27 of the Act to withdraw the sum standing to the credit of the spouse in the Fund —| (i) | in a case where section 15 (8)(d), (e) or (f) of the Act applies to the spouse, the spouse’s ordinary account; or | | (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 15(2A), (7B) or (8A) of the Act applies to the spouse, the amount specified by the Minister under section 15 (2A)(a), (7B)(a) or (8A)(a) of the Act, as the case may be; or | | (AB) | where section 15(6) or (6A) of the Act applies to the spouse, the minimum sum which the spouse is required to set aside; and |
| | (B) | the spouse’s ordinary account, for any remainder of that part of the amount; or |
|
| | (e) | if that part of the amount is to be transferred from the member’s living expenses account —| (i) | in a case where the spouse has a living expenses account —| (A) | the spouse’s living expenses 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 living expenses account to exceed the amount which the spouse is required to set aside under any condition referred to in section 27 (2)(b) or (3) of the Act; and | | (B) | the spouse’s ordinary account, for any remainder of that part of the amount; or |
| | (ii) | in a case where the spouse does not have a living expenses account, the spouse’s ordinary account. |
|
(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 by the spouse to the Fund under section 27C (1) (iii) or 27D(1)(iii) of the Act shall be —| (a) | if the spouse has a retirement account, the spouse’s retirement account; or | | (b) | if the spouse does not have a retirement account, the spouse’s special account. |
|
(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 by the spouse to the Fund under section 27E (1) (ii) or 27F(1)(ii) of the Act shall be —| (a) | if the spouse is not entitled under section 15 (2) or 27 of the Act to withdraw the sum standing to the credit of the spouse in the Fund —| (i) | in a case where the money was withdrawn solely from the member’s ordinary account, the spouse’s ordinary account; | | (ii) | in a case where the money was withdrawn solely from the member’s retirement account, the spouse’s special account; or | | (iii) | in a case where the money was withdrawn partly from the member’s ordinary account and partly from his special account, his retirement account or both of those accounts —| (A) | the spouse’s special account, for such part of the amount paid by the spouse as the Board may determine; and | | (B) | the spouse’s ordinary account, for any remainder of the amount paid by the spouse; or |
|
| | (b) | if the spouse is entitled to withdraw the sum standing to the credit of the spouse in the Fund under section 15 (2) or 27 of the Act —| (i) | in a case where section 15 (2)(d), (e) or (f), (7A)(a), (b) or (ba) or (8)(a), (b) or (c) of the Act applies to the spouse —| (A) | the spouse’s retirement account, for so much of the amount paid by the spouse as will not cause the amount standing to the credit of the spouse in the spouse’s retirement account to exceed the amount specified by the Minister under section 15 (2A)(a), (7B)(a) or (8A)(a) of the Act, as the case may be; | | (B) | the spouse’s medisave account, for so much of any remainder of the amount paid by the spouse (after deducting the amount to be credited to the spouse’s retirement account under sub-paragraph (A)) as will not exceed the prescribed amount referred to in section 16; | | (C) | the spouse’s special account, for such part of any remainder of the amount paid by the spouse (after deducting the amounts to be credited to the spouse’s retirement account and medisave account under sub-paragraphs (A) and (B)) as the Board may determine; and | | (D) | the spouse’s ordinary account, for any remainder of the amount paid by the spouse (after deducting the amounts to be credited to the spouse’s retirement account, medisave account and special account under sub-paragraphs (A), (B) and (C)); or |
| | (ii) | in any other case, the spouse’s retirement account. |
|
|
|
