PART I | 1. These Regulations may be cited as the Singapore Armed Forces (Pensions) Regulations. |
2.—(1) In these Regulations, unless the context otherwise requires —| “approved institutional treatment” means approved treatment in a hospital or similar institution; |
| “approved treatment” means a course of medical, surgical or rehabilitative treatment which it is certified that a member should receive in consequence of any disablement in respect of which an award may be or has been made under these Regulations but does not include any treatment which involves no or only occasional interruptions of the member’s normal employment; |
| “Central Provident Fund” means the Central Provident Fund established under the Central Provident Fund Act (Cap. 36); |
“child” —| (a) | means a child below the age of 18 years; and | | (b) | in the case of an unmarried female child or a child receiving full-time education, whether primary, secondary or tertiary, means a child below the age of 21 years or such other age as the Armed Forces Council may extend; |
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| “contract” means a contract of employment for a specified term, and “contract service” shall be construed accordingly; |
“dependant”, in relation to a deceased member, means a person receiving regular and substantial support or benefit from the deceased member —| (a) | where the member’s death occurred during his service, throughout the period of 6 months ending with the member’s death; | | (b) | in any other case, throughout the period beginning 6 months prior to the termination of the member’s service and ending with the member’s death; or | | (c) | throughout such other period as the Armed Forces Council may determine in the exceptional circumstances of any case; |
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| “disablement” means physical or mental injury or damage, or loss of physical or mental capacity, and “disabled” shall be construed accordingly; |
| “Federation Army” means the Royal Malay Regiment and any military forces raised in accordance with the provisions of the Federation Regiment Ordinance, 1952, and the Military Forces Ordinance, 1952; |
| “former Singapore Military Force” means the force constituted and maintained under the Singapore Military Force Ordinance repealed by the Modification of Laws (Armed Forces) (Singapore) Order, 1963; |
| [Deleted by S 737/2020 wef 01/09/2020] |
| “injury” includes wound or disease; |
“injury received in and which is attributable to service” includes the following:| (a) | any injury received in consequence of some act lawfully performed in the discharge of a member’s duties; | | (b) | any injury received while on a journey necessary to enable a member to report for duty or to return home after duty; [S 737/2020 wef 01/09/2020] |
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| “member” means a member of the Singapore Armed Forces who is in the regular service and includes for the purposes of Parts II, IV, V and VII a full-time national serviceman, an operationally ready national serviceman and a volunteer; |
| “mobilised service” means service under regulation 8 of the Singapore Armed Forces (Volunteers) Regulations (Rg 7), or section 18 of the Enlistment Act (Cap. 93); |
“monthly gross salary”, in relation to a member in the non-pensionable service, on contract or in national service or volunteer service, means the rank pay of the member, whether he is confirmed in any rank that he holds or otherwise, and includes —| (a) | any non-pensionable variable payment, top-up payment to the Central Provident Fund, education supplement, pilot allowance, flying training pay supplement and temporary allowance, if payable at the relevant time; | | (b) | for the purposes of Parts IV and V, such reimbursement or pay to which the member is entitled or which is payable to him by his employer under section 24 of the Enlistment Act (Cap. 93); and | | (c) | any other component or allowance declared by the Armed Forces Council to be a component of the monthly gross salary, not being an allowance for the performance by a member of duties in a rank higher than his substantive or temporary rank; [S 161/2008 wef 01/04/2008] |
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| “national service” means service pursuant to the Enlistment Act as a full-time national serviceman or an operationally ready national serviceman in the Singapore Armed Forces; |
| “non-pensionable service” means regular service in the Singapore Armed Forces which is neither pensionable service nor contract service; |
| “other dependant”, in relation to a deceased member, means a grandparent, step-parent, brother, sister, half-brother, half-sister, step-brother, step-sister or grandchild of the member; |
| “pension” means pension or other allowances granted under these Regulations; |
“pensionable emoluments”, in relation to a member in the pensionable service, means the consolidated salary, rank pay and vocation pay of a member, whether he is confirmed in any rank that he holds or otherwise, and includes —| (a) | military allowance, pay supplement, flying pay supplement and flying training pay supplement, if payable at the relevant time; | | (b) | for the purposes of Parts IV and V, such reimbursement or pay to which the member is entitled or which is payable to him by his employer under section 24 of the Enlistment Act; and | | (c) | any other allowance declared by the Armed Forces Council to be a pensionable allowance, |
| but does not include any allowance paid to a member for the performance of duties in a rank higher than his substantive or temporary rank; |
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| “pensionable service” means service in the Singapore Armed Forces in respect of which a pension will be paid to a member on his retirement; |
| “People’s Defence Force” means the People’s Defence Force constituted under section 7(4) of the Singapore Armed Forces Act and regulated by the Singapore Armed Forces (Volunteers) Regulations (Rg 7); |
| “regular service” means service under section 19 of the Enlistment Act (Cap. 93); |
| “relevant commutation factor” and “relevant discount rate” mean the relevant commutation factor and the relevant discount rare determined in accordance with regulation 26A(3); |
| “retirement age” means the age specified in regulation 20 or 21; |
| “service” means service as an officer or soldier and includes for the purposes of Parts III, IV, V and VII any service which a volunteer or an operationally ready national serviceman agrees to perform over and above what he is liable under the law as a volunteer or an operationally ready national serviceman; |
| “short service commission” means a commission granted under section 78 (1) of the repealed Singapore Army Act 1965 (Act 13 of 1965) or any written law in force prior to the enactment of that Act. [S 78/2015 wef 14/02/2015] |
| [Deleted by S 78/2015 wef 14/02/2015] |
| (1A) For the purposes of these Regulations, an injury is not attributable to service by reason only of the injury having been received while on duty, at a place of duty or on any land, premises, vehicle, ship or aircraft for the time being used by or for the purposes of the Singapore Armed Forces. [S 737/2020 wef 01/09/2020] |
| (2) For the purposes of Parts IV and V, the monthly gross salary of any member shall be the monthly gross salary last drawn by the member at the material time. [S 161/2008 wef 01/04/2008] |
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| Emoluments on which pensions and gratuities to be computed |
3.—(1) For the purposes of these Regulations, the pensionable emoluments in relation to any member shall be the pensionable emoluments last drawn by him, except as provided in paragraphs (2), (3), (4) and (5).| (2) Where the pensionable emoluments of a member have changed within 3 years immediately preceding the date of his retirement as a result of his promotion, change of grade or transfer of office, any pension or gratuity granted to him under these Regulations shall be computed on the average amount of the pensionable emoluments payable to him during the period of 3 years immediately preceding the date of his retirement, except where the pension or gratuity is granted upon his death or upon his retirement on account of disablement as a result of an injury received in and which is attributable to service. [S 737/2020 wef 01/09/2020] |
(3) Notwithstanding paragraph (2) —| (a) | the highest pensionable emoluments paid to the member in any grade or office held by him within 3 years immediately preceding the date of his retirement shall be deemed to be his pensionable emoluments in that grade or office in computing the average amount of the pensionable emoluments payable to him; | | (b) | where the pensionable emoluments for any previous grade or office held by the member within 3 years immediately preceding the date of his retirement have been increased at any time during that period, the average amount of the pensionable emoluments payable to him shall be computed as if the increased pensionable emoluments had been paid to him in that grade or office; and | | (c) | where an officer has been promoted within 3 years immediately preceding the date of his retirement, his pension or gratuity may be calculated as if he had not been promoted, if this should be to his advantage. |
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| (4) Where a member has less than 3 years’ pensionable service, the gratuity granted to him shall be computed on the average amount of the pensionable emoluments payable to him during his pensionable service except where the gratuity is granted upon his death or upon his retirement on account of disablement as a result of an injury received in and which is attributable to service. [S 737/2020 wef 01/09/2020] |
| (5) Where the pensionable emoluments for the grade or office held by a member at the date of his retirement have been reduced for misconduct, the pension or gratuity granted to him shall be computed on the pensionable emoluments payable to him at that date or on the average amount of the pensionable emoluments payable to him during the period of 3 years immediately preceding that date, whichever is the less. |
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