PART III | Chapter 1 — Pensionable Service |
| Reckoning pensionable service |
17.—(1) For the purposes of reckoning the amount of a pension or gratuity to be granted to a member in the pensionable service in the Singapore Armed Forces the following periods, less any period or periods that are deducted pursuant to regulation 18, shall be counted as service which is pensionable, namely:| (a) | regular service on full pay as a member of the Singapore Armed Forces for which no gratuity or pension has been paid; | | (b) | regular service on full pay as a member of the former Singapore Military Force prior to 16th September 1963, or as a member of the Federation Army from 16th September 1963 to 8th August 1965, if the member was absorbed or deemed to be absorbed in the Singapore Armed Forces on 9th August 1965, without a break in service, for which no gratuity or pension has been paid; | | (c) | full-time national service that has been rendered by a full-time national serviceman prior to his enlistment as a member in the pensionable service of the Singapore Armed Forces; | | (d) | service which qualifies for an award of a pension under the Pensions Act (Cap. 225), of a mobilised volunteer or of a national serviceman in the People’s Defence Force that is rendered immediately prior to his mobilisation and which is converted on a one-for-one basis to pensionable service under these Regulations upon the mobilised volunteer or national serviceman, as the case may be, being absorbed into the pensionable service of the Singapore Armed Forces; | | (e) | mobilised service of a volunteer or national serviceman in the People’s Defence Force that is rendered immediately prior to his absorption into the pensionable service if that service has not been counted as pensionable service under sub-paragraph (d); | | (f) | service which qualifies for the award of a pension in the Government, in the former Port of Singapore Authority, or in any statutory body, of a member seconded to the Singapore Armed Forces in respect of service rendered immediately prior to his secondment and which is converted on a one-for-one basis to pensionable service under these Regulations on his absorption into the pensionable service of the Singapore Armed Forces; | | (g) | service on secondment to the Singapore Armed Forces of a member immediately prior to his absorption into the pensionable service if that service has not been counted as pensionable service under sub-paragraph (f); | | (h) | service which a member has rendered on short service commission or on contract in the Singapore Armed Forces immediately prior to his conversion to the pensionable service of the Singapore Armed Forces for which no gratuity has been paid or was payable; | | (i) | service in any Commonwealth force that has been permitted to count as reckonable service on his joining or while serving in the former Singapore Military Force, in respect of a member who was still serving in the Singapore Armed Forces on the 1st December 1970 so long as the conditions that may have been originally stipulated for the reckoning of that service are fulfilled; | | (j) | service in any other armed forces which may be allowed to count as pensionable service by the Armed Forces Council, subject to such conditions as it may think fit to impose; | | (k) | periods of confinement as a prisoner of war; | | (l) | pensionable service in the Government of a member rendered immediately prior to his absorption into the pensionable service of the Singapore Armed Forces and which is converted on a one-for-one basis to pensionable service under these Regulations if such member had been a full-time national serviceman; | | (m) | any period during which a member of the Singapore Armed Forces has been absent from duty on leave with half-pay; | | (n) | part-time regular service as a member of the Singapore Armed Forces but to be counted on the basis of the proportion the part-time regular service bears to whole-time regular service over the same period; | | (o) | any period during which a member of the Singapore Armed Forces has been absent from duty on study leave under such circumstances and conditions as the Armed Forces Council may from time to time prescribed by general order; and | | (p) | pensionable service in the Government of a member rendered immediately prior to his absorption into the regular service of the Singapore Armed Forces and which the Armed Forces Council has determined shall count as pensionable service under these Regulations, subject to such conditions as the Armed Forces Council may impose. |
| (2) Where a member to whom paragraph (1)(e) or (g) applies has received a gratuity in respect of the service referred to in those sub-paragraphs the Armed Forces Council shall as a condition of allowing such service to count as pensionable service require the member to repay the gratuity to the Government either in a lump sum or otherwise and in default of such repayment the previous service shall not be allowed to count as pensionable service. |
| (3) Subject to paragraph (4), where the Government has paid contributions to the Central Provident Fund or any other approved fund for a member in respect of the service referred to in paragraph (1)(c), (e), (g) or (h) it shall be a condition of allowing such service to count as pensionable service that the member shall repay the contributions to the Central Provident Fund or any approved fund together with interest thereon to the Government either in a lump sum or otherwise and in default of such repayment the previous service shall not be allowed to count as pensionable service. |
| (4) In respect of any such service on or after 1st April 1972, the amount of contributions to the Central Provident Fund or any approved fund to be repaid to the Government shall exclude the amount so paid on account of the member with respect to such service if he was on the pensionable establishment or an equivalent amount if he was not on the pensionable establishment. |
| (5) Where a member of the Singapore Armed Forces serving on full pay converts to the pensionable service and upon such conversion refunds any gratuity which has been paid to him in advance under regulation 27(2) together with interest, if applicable, it shall be deemed for the purposes of paragraph (1)(a) that no gratuity has been paid to the member. |
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| Service not counted as pensionable service |
18. The following periods of service shall not be counted as pensionable service under these Regulations:| (a) | a period of service forfeited by sentence of a subordinate military court or Superior Commander or as a result of a decision of the Military Court of Appeal or a review of the Armed Forces Council, other than service forfeited for the purposes of promotion, in accordance with the provisions of the Act, or any other written law for the time being in force; | | (b) | the whole period of absence without leave; | | (c) | the whole period of desertion; | | (d) | the whole period of detention or special detention or imprisonment in a guard detention-room, barrack detention-room, disciplinary barrack or military or civil prison while undergoing a sentence awarded by a subordinate military court or the Military Court of Appeal or disciplinary officer if the detention or special detention or imprisonment involves a forfeiture of pay; | | (e) | the whole period of imprisonment or detention as a result of his conviction on a charge by a civil court; | | (f) | the whole period of remand, custody, confinement, detention, open arrest or close arrest or suspension from duty while waiting for trial by the civil authority or military authority on a charge of which the member is subsequently convicted if during the period he has received no pay; | | (g) | the whole period in which pay is forfeited; and | | (h) | the whole period of leave of absence without pay granted to a member. |
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| Pensionable service must be continuous and unbroken |
19. Service in respect of which a pension or a gratuity may be granted must be continuous and unbroken but there shall not be deemed to be any break in such service if —| (a) | the service has been interrupted by a temporary suspension not arising from misconduct; | | (b) | there has been a break between the end of any service in any force referred to in regulation 17(1)(i) or (j) that has been permitted to count as reckonable service according to that regulation and the beginning of service in the former Singapore Military Force, the Federation Army or the Singapore Armed Forces, as the case may be; | | (c) | there has been a break between the end of full-time national service rendered by a full-time national serviceman and the beginning of his service in the pensionable service; or | | (d) | the service is interrupted for any of the periods referred to in regulation 18. |
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Chapter 2 — Conditions of Retirement,
Pensions and Gratuities |
20. Subject to regulation 21, a member recruited or appointed to the pensionable service shall, if not selected for further promotion, be required to retire at the age appropriate to his rank, whether he has been confirmed in that rank or not, as follows: | | | | (a) | Lieutenant-Colonel and above |
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| | | | (b) | Warrant Officer to Major |
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| | | | (c) | Master Sergeant and below |
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[S 238/2012 wef 01/06/2012] |
| Compulsory retirement age |
21. Where the Armed Forces Council considers it desirable or necessary in the interests of the armed forces, the Armed Forces Council may upon being satisfied as to his medical fitness, require a member recruited or appointed to the pensionable service to continue in the Singapore Armed Forces beyond the age which he would normally have retired under regulation 20 but not beyond the compulsory retirement age, appropriate to his rank, whether he has been confirmed in that rank or not, as follows: | | | Compulsory Retirement Age |
| | (a) | Lieutenant-Colonel and above |
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| | | | (b) | Warrant Officer to Major |
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| | | | (c) | Master Sergeant and below |
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[S 238/2012 wef 01/06/2012] |
22. It shall be lawful for the Armed Forces Council to require or permit, as the case may be, a member serving in the pensionable service to retire —| (a) | if he has attained the retirement age limit laid down in regulation 20 or 21, as the case may be; | | (b) | if he is considered to be unsuitable, such unsuitability being due to causes not within his control or due to causes within his control that do not amount to misconduct; | | (c) | on a certificate from his commanding officer and on medical evidence to the satisfaction of the Armed Forces Council that the member is incapable by reason of infirmity of mind or body of discharging his duties and that such infirmity is likely to be permanent; | | (d) | if his retirement is considered by the Armed Forces Council to be desirable in the public interest, having regard to the conditions and needs of the armed forces and the usefulness of the member thereto; | | (e) | where the Armed Forces Council considers that he has made outstanding contributions to the Singapore Armed Forces and that he should retire as part of the process of leadership renewal in the Singapore Armed Forces; | | (f) | where such member has been superseded for further promotion; | | (g) | if, on or after completing 15 years of service, requests the permission of the Armed Forces Council to retire; or | | (h) | if he requests the permission of the Armed Forces Council to retire in circumstances not covered in the preceding paragraphs. [S 238/2012 wef 01/06/2012] |
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23.—(1) Subject to paragraph (2), a member in the pensionable service who has not less than 10 years of pensionable service who retires, or is required to retire, on any of the grounds specified in regulation 22 may on his retirement be granted a pension to be computed according to regulation 24.| (2) A member who retires on the ground referred to in regulation 22(d) or (g) shall not be paid a pension until he has attained the minimum age. |
(3) Notwithstanding paragraph (2), a member who retires on the ground referred to in regulation 22(d) or (g) may —| (a) | if he becomes physically or mentally incapacitated to such an extent that he is incapable of continuing in any employment before he attains the minimum age, be paid the pension granted to him with effect from the date of the physical or mental incapacity; and | | (b) | if he opts to be paid a commuted full pension gratuity under regulation 26 without pension, be paid the gratuity, discounted in the manner prescribed in regulation 26A, before he attains the minimum age. |
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(4) Where a member who had retired on the ground referred to in regulation 22(d) or (g) dies before he attains the minimum age and was not paid a pension under paragraph (3) at any time before his death, the Armed Forces Council may pay his dependants or, where there are no dependants, his personal representatives, a gratuity amounting to the higher of the following sums:| (a) | a sum ascertained by —| (i) | multiplying the amount of monthly full pension that may have been granted to the member under this regulation by the relevant commutation factor; and | | (ii) | discounting the sum obtained under sub-paragraph (i) at the relevant discount rate in respect of each year or part thereof falling between the date the member would have obtained his pension had he not died and the date of his death (both dates inclusive); or |
| | (b) | a sum amounting to one year’s pensionable emoluments. |
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(5) No pension or gratuity shall be granted under this regulation to a member who is —| (a) | discharged on any of the grounds specified in regulations 17 and 18 of the Enlistment Regulations (Cap. 93, Rg 1); | | (b) | discharged with ignominy; or | | (c) | dismissed as a result of the sentence of a subordinate military court or Military Court of Appeal or a sentence substituted by the Armed Forces Council. |
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(6) For the purposes of this regulation —“minimum age” means —| (a) | in the case of a person who retires on the ground referred to in regulation 22(d), the retirement age appropriate to his age set out in regulation 20; and | | (b) | in the case of a person who retires on the ground referred to in regulation 22(g) —| (i) | the age of 45 years in the case of a member below the rank of warrant officer; and | | (ii) | the age of 50 years in the case of a member of or above the rank of warrant officer; |
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| “one year’s pensionable emoluments” means the emoluments which would be taken for the purpose of computing any pension or gratuity granted to the member if he had retired at the date of his death in the circumstances described in regulation 22(c). [S 161/2008 wef 01/04/2008] |
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24.—(1) Subject to paragraphs (2) and (3), the rate of pension payable to a member who is granted a pension under regulation 23 shall be as follows: | | | | (a) | On retirement under regulation 22(a), (c), (f), (g) or (h) |
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| | | one six-hundredth (1/600th) of his annual pensionable emoluments in respect of each complete month of pensionable service. |
| | | | | (b) | On retirement under regulation 22(b) |
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| | | the award of a pension on this ground shall be at the discretion of the Armed Forces Council and shall, if granted, be at such rate as it may decide but shall not in any event exceed the rate of pension which would have been applicable had the member retired under regulation 22(c). |
| | | | | (c) | On retirement in the public interest under regulation 22(d) |
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| | | one six-hundredth (1/600th) of his annual pensionable emoluments in respect of each complete month of pensionable service or such lower rate as the Armed Forces Council may in all the circumstances decide. |
| | | | | (d) | On retirement under regulation 22(e) |
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| | | one five-hundredth (1/500th) of his annual pensionable emoluments in respect of each complete month pensionable service for the first 240 months and one six-hundredth (1/600th) in respect of each complete month of pensionable service in excess of 240 months. |
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| (2) A pension granted to a member under paragraph (1) shall not exceed two-thirds of his annual pensionable emoluments. |
| (3) A pension granted under paragraph (1)(d) to a member who joins the Singapore Armed Forces on or after 24th August 1990 shall not exceed the pension which he would have been granted under paragraph (1)(a) on retirement under regulation 22(a) if he had continued in service until he reached the retirement age laid down in regulation 20. |
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| Gratuity where service is insufficient for pension |
25.—(1) Every member who is otherwise qualified for a pension and has not completed serving a minimum period of 10 years of service which is counted as pensionable service under regulation 17 and retires —| (a) | on any of the grounds referred to in regulation 22(a), (b), (c), (e), (f) or (h) may be granted on retirement a gratuity at a rate not exceeding 12% of his monthly pensionable emoluments for each complete month of service which is counted as pensionable service under regulation 17; and | | (b) | on the ground referred to in regulation 22(d) may be granted on retirement a gratuity at a rate not exceeding five six-hundredths (5/600th) of his annual pensionable emoluments for each complete month of service which is counted as pensionable under regulation 17. |
| (2) Such rates as are set out in paragraph (1)(a) and (b) may be reduced to such extent as the Armed Forces Council may decide after having regard to the circumstances of the case, if the ground upon which the member retires is a ground referred to in regulation 22(b) or (d). |
(3) A gratuity shall not be granted to a member who is —| (a) | discharged on any of the grounds referred to in regulations 17 and 18 of the Enlistment Regulations (Cap. 93, Rg 1); | | (b) | discharged with ignominy; or | | (c) | dismissed as a result of the sentence of a subordinate military court or Military Court of Appeal or a sentence substituted by the Armed Forces Council. |
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26.—(1) Subject to these Regulations, a member to whom a pension is granted under regulation 23 may, at his option exercisable in accordance with this regulation, be paid —| (a) | in the case of a member retiring from, or appointed to, the pensionable service on or after 1st January 1995 but before 13th June 1997 —| (i) | a full pension without any gratuity; | | (ii) | a reduced pension together with a gratuity ascertained in accordance with regulation 26A; or | | (iii) | a commuted full pension gratuity ascertained in accordance with regulation 26A without any pension; or |
| | (b) | in the case of a member appointed to the pensionable service on or after 13th June 1997 —| (i) | a full pension without any gratuity; | | (ii) | a commuted full pension gratuity ascertained in accordance with regulation 26A without any pension. |
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| (2) The option under paragraph (1) is exercisable not later than the day immediately before the date of the member’s retirement, but if the member does not exercise the option before the date of his retirement, the Armed Forces Council may, if it appears in the circumstances equitable to do so, allow the member to exercise the option on the date of his retirement, or at any time between the date of his retirement and the day before the date of payment of a pension or gratuity to him. |
| (3) If a member exercises the option under paragraph (1), his decision shall, subject to paragraph (5), be irrevocable so far as concerns the pension or gratuity referred to in this regulation. |
| (4) A member who has not exercised an option in accordance with this regulation is deemed to have opted to receive a commuted full pension gratuity ascertained in accordance with regulation 26A without any pension. |
| (5) A member who is paid a reduced pension pursuant to his option exercised in accordance with this regulation is eligible for the full pension without reduction after the expiration of 12 years and 6 months from the date he was granted the reduced pension. |
(6) Where a member opts in accordance with this regulation to receive a commuted full pension gratuity ascertained in accordance with regulation 26A, the commuted full pension gratuity shall, subject to paragraph (7), be payable as follows:| (a) | part of the commuted full pension gratuity, being a sum equal to the difference between the total amount paid by the Government to the Central Provident Fund on account of the member with respect to his service, and the total amount payable to the Government to that Fund on account of the member with respect to the same service if the member had not been on the pensionable service, together with the interest thereon, shall be paid to the member’s account in the Central Provident Fund; and | | (b) | the balance of the commuted full pension gratuity shall be paid to the member. |
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| (7) Where the commuted full pension gratuity ascertained in accordance with regulation 26A is less than the sum referred to in paragraph (6)(a), the entire commuted full pension gratuity shall be paid to the member’s account in the Central Provident Fund. |
| (8) For the purposes of paragraph (6)(a), the reference to the total amount paid or payable by the Government to the Central Provident Fund in respect of any member does not include a reference to any amount thereof which is recoverable from the member’s salary under the Central Provident Fund Act (Cap. 36) or any regulations made under that Act. |
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| Reduced pension plus gratuity and commuted full pension gratuity |
26A.—(1) The reduced pension and gratuity referred to in regulation 26(1)(a)(ii) payable to a member shall be —| (a) | a reduced pension proportionate to the sum of his annual pension less  ths of the gratuity specified in sub- paragraph (b); and | | (b) | a gratuity equal to  ths of his one year’s pensionable emoluments in respect of each complete month of pensionable service subject to a maximum of his pensionable emoluments for 3 years. |
(2) The commuted full pension gratuity referred to in regulation 26(1)(a)(iii) and (b)(ii) payable to a member shall be —| (a) | a capital sum ascertained by multiplying the commutation factor by the amount of the monthly full pension that may be granted to the member under regulation 23; or | | (b) | in the case of a member retiring on the ground referred to in regulation 22(d) or (g), a capital sum ascertained in accordance with sub-paragraph (a), from which sum there shall be a discount at the relevant discount rate in respect of each year or part thereof falling between —| (i) | the date on which he will attain the minimum age; and | | (ii) | the date on which the commuted full pension gratuity is to be paid to him. |
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(3) For the purposes of this regulation —| “commutation factor” means 175.14; |
| “discount rate” means 5 per cent; |
| “relevant commutation factor” and “relevant discount rate”, in relation to a member, mean the commutation factor and discount rate specified in this paragraph as in force on either the date of the member’s retirement from the Singapore Armed Forces (or the date of the member’s death, as the case may be) or his enlistment into the Singapore Armed Forces, whichever is the more favourable; and for this purpose, all members enlisted into the Singapore Armed Forces before 1st January 1995 shall be deemed to be enlisted into the Singapore Armed Forces on that date. |
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Chapter 3 — Gratuity for a member
serving on contract |
| Gratuity for contract service |
27.—(1) Subject to this regulation, a member serving under a contract may, on satisfactory completion of the full period of the contract, be granted a gratuity at such rates as the Armed Forces Council may, from time to time by a general order, determine for each complete month that he has served under the contract less any period or periods that would have been deducted under regulation 18 if the member had been in the pensionable service.| (2) The Armed Forces Council may, by general order, prescribe the circumstances and the conditions under which a member may opt to receive the gratuity referred to in paragraph (1) or part thereof in advance. |
| (3) If in any case the member does not satisfactorily complete the full period of his contract or his contract service is converted to pensionable service, he may be required to refund the said gratuity, together with any interest stipulated in the option, in which case the said gratuity and interest, if any, shall be recoverable as a debt due to the Government and may be set off against any sum that may be payable by the Government to that member. |
| (4) The Armed Forces Council may, by general order, allow a member to retain any gratuity paid in advance pursuant to paragraph (2) where the contract service of the member is converted to pensionable service, except that such sum shall be deducted from any gratuity that may be awarded under regulation 28(1). |
| (5) The amount of gratuity to be granted to any member under paragraph (1) shall not be less than the amount of gratuity which would have been payable to him on the completion of his contract determined on the basis of the rate and terms of remuneration in force at the commencement of his contract. |
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| Circumstances under which gratuity is payable if member fails to complete whole period of contract |
28.—(1) Where the member fails to complete the full period of his contract for reasons other than those specified in regulation 30(1), or on medical grounds not due to causes within his own control, a gratuity may be granted at the rate specified in regulation 27 for the period which he has actually served under his contract less any period or periods that are deducted under regulation 18 as if the member was in the pensionable service.(2) If a member does not complete the full period of his contract by reason of the conversion of his service to the pensionable or non-pensionable service, the Armed Forces Council may, when granting a gratuity under paragraph (1), impose a condition that the member shall —| (a) | serve, after the conversion to the pensionable or non- pensionable service, a period equal to the difference between the full period of the contract and the period of the contract which the member had served before his conversion to the relevant service; and | | (b) | if he fails to serve the period referred to in sub-paragraph (a), refund the gratuity, together with interest at a rate to be determined by the Armed Forces Council not later than the time the gratuity is granted. |
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| (3) The gratuity, together with the interest, if any, that is refundable under paragraph (2)(b), shall be recoverable as a debt due to the Government and may be set off against any sum that may be payable by the Government to the member. |
| (4) The gratuity so granted may be in addition to any award payable in accordance with Part V. |
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| Period of study leave which shall not be counted as contract service |
| 29. The Armed Forces Council may, by general order, determine that the period during which a member of the Singapore Armed Forces has been absent from duty on study leave shall not be counted as contract service for the purposes of regulations 27 and 28. |
| Circumstances where no gratuity payable |
30.—(1) The gratuity referred to in regulation 27 shall not be granted to a member if —| (a) | on his own request, he is released from service before completing the whole period that he has undertaken to serve; | | (b) | he is discharged on any of the grounds referred to in regulations 17 and 18 of the Enlistment Regulations (Cap. 93, Rg 1); | | (c) | he is discharged with ignominy; or | | (d) | he is dismissed as a result of the sentence of a subordinate military court or Military Court of Appeal or a sentence substituted by the Armed Forces Council. |
| (2) If a member serving on contract continues on full pay beyond the period of his service which he has undertaken, the payment of any gratuity may be deferred until the end of such further service and such further service shall count towards the ultimate gratuity payable to him. |
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| Chapter 4 — Conversion to non-pensionable service |
| 31. This Chapter shall apply to all members serving in the pensionable service except those in such ranks as may, by a general order, be excluded from this Chapter by the Armed Forces Council. |
32.—(1) A member to whom this Chapter applies may be given an option to convert to the non-pensionable service.| (2) The option exercised by the member shall be irrevocable except that he may be required by the Armed Forces Council to revert to the pensionable service if he is appointed to a rank which is excluded from this Chapter. |
| (3) Where a member is required to revert to the pensionable service under paragraph (2), any period of non-pensionable service of the member before the reversion shall not be reckoned as pensionable service unless the member first pays to the Government the total amount paid by the Government to the Central Provident Fund during that period of non-pensionable service excluding the amount paid by the Government to that Fund in respect of the member if he had been in the pensionable service together with the interest accrued thereon. |
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33.—(1) Every member exercising an option pursuant to regulation 32 who has been in the pensionable service for not less than 10 years before his conversion to the non-pensionable service may be granted on his retirement —| (a) | under regulation 22(a), (c), (e), (f), (g) or (h), a pension at the rate of  of his annual pensionable emoluments at the date immediately before his conversion in respect of each complete month of pensionable service before his conversion subject to the limit specified in regulation 24(2) and (3); or | | (b) | under regulation 22(b) or (d), a pension at the rate specified in regulation 24(1)(b) or (c), as the case may be, of his annual pensionable emoluments at the date immediately before his conversion in respect of each complete month of pensionable service before his conversion subject to the limit specified in regulation 24(2). |
| (2) Paragraphs (2) and (3) of regulation 23 shall apply to a member who has been granted a pension under paragraph (1) on his retirement under regulation 22(d) or (g) as they apply to a member who has been granted a pension under regulation 23(1). |
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| Preserved gratuity and reduced pension |
34.—(1) Subject to this regulation, every member exercising an option under regulation 32 to whom a pension is granted under these Regulations may, on his retirement, be paid a reduced pension together with a commuted pension gratuity of an amount equal to  of his one year’s pensionable emoluments at the date immediately before his conversion in respect of each complete month of pensionable service before his conversion subject to a maximum of 3 years’ pensionable emoluments as at the date immediately before his conversion.(2) The reduced pension to be granted under this regulation shall be the amount of his annual pension less  of the gratuity granted to him. |
| (3) A member who is paid a reduced pension under paragraph (1) shall, after the expiration of 12 years and 6 months from the date he is granted the reduced pension, be eligible for the full pension as if there had been no reduction. |
| (4) A member to whom a reduced pension together with a gratuity is granted under these Regulations may, at his option exercisable in accordance with these Regulations, be paid in lieu of the reduced pension together with a gratuity, the full pension without any gratuity. |
| (5) The option shall be exercisable, and if it has already been exercised may be revoked, not later than the day immediately preceding the date of the member’s retirement. |
| (6) If the member has not exercised the option prior to the day immediately preceding the date of his retirement, the Armed Forces Council may, if it appears in the circumstances equitable to do so, allow the member to exercise the option at any time between that date and the date of award of a pension to him. |
| (7) If a member who has exercised the option under paragraph (4) dies after he has retired but before a pension has been awarded to him, it shall be lawful for the Armed Forces Council to grant to his dependants or his legal personal representatives a commuted pension gratuity as if the member has before his death exercised the option to accept a reduced pension and gratuity. |
| (8) Regulation 26 shall not apply to a member to whom this regulation applies. |
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35.—(1) Every member exercising an option under regulation 32 who has been in the pensionable service for less than 10 years before his conversion to the non-pensionable service may be granted on his retirement —| (a) | under regulation 22(a), (b), (c), (e), (f), (g) or (h), a gratuity at a rate not exceeding 12% of his monthly pensionable emoluments at the date immediately before his conversion for each complete month of pensionable service before his conversion; or | | (b) | under regulation 22(d), a gratuity at a rate not exceeding five six-hundredths (5/600th) of his annual pensionable emoluments at the date immediately before his conversion for each complete month of pensionable service before his conversion. |
| (2) Where a member retires under regulation 22(b) or (d), the rate specified in paragraph (1)(a) or (b), as the case may be, may be reduced to such extent as the Armed Forces Council may decide after having regard to the circumstances of the case. |
| (3) Regulation 25 shall not apply to a member to whom this regulation applies. |
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| Circumstances where no pension or gratuity payable |
36. No member who has exercised the option to convert to the non-pensionable service under regulation 32 shall be granted any pension or gratuity under regulation 33, 34 or 35 if he is —| (a) | discharged on any of the grounds specified in regulations 17 and 18 of the Enlistment Regulations (Cap. 93, Rg 1); | | (b) | discharged with ignominy; or | | (c) | dismissed as a result of a sentence of a subordinate military court or Military Court of Appeal or a sentence substituted by the Armed Forces Council. |
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