37.—(1) Where a member dies while he is in the service of the Singapore Armed Forces, there shall be paid to such of his dependants as the Armed Forces Council may think fit, or if there are no dependants, to his personal representatives —
(a)
in the case of a member who is in the pensionable service, a gratuity of an amount equal to one of the following capital sums:
(i)
where at the time of his death, the member has attained the relevant age — an amount ascertained by multiplying the relevant commutation factor by the amount of monthly full pension that may be granted to the member under regulation 23 if the member had retired on the date of his death in the circumstances described in regulation 22(c); or
(ii)
where at the time of his death, the member has not attained the relevant age — the higher of the following sums:
(A)
a sum ascertained in accordance with sub-paragraph (i), from which amount there shall be a discount at the relevant discount rate in respect of each year or part thereof falling between the date of his death and the date on which he would have attained the relevant age had he not died (both dates inclusive); or
(B)
a sum amounting to one year’s pensionable emoluments;
(b)
in the case of a member who is on full-time national service, or is serving as an operationally ready national serviceman or a volunteer, a gratuity of an amount that is not less than 12 months’ monthly gross salary of a member in regular service of equivalent rank;
(ba)
despite sub-paragraph (b), in the case of a volunteer in the uniformed service of the Singapore Armed Forces known as the Singapore Armed Forces Volunteer Corps, a gratuity of an amount determined by the Armed Forces Council;
[S 78/2015 wef 14/02/2015]
(c)
in the case of a member who is serving on contract, a gratuity at the rate specified in regulation 27 in respect of the period of his contract which he has completed or an amount which is equal to 12 months’ monthly gross salary if he had been in regular service if he had been in regular service, whichever is the greater;
(d)
in the case of a member who is in the non-pensionable service other than a member to whom sub-paragraph (e) applies, a gratuity of an amount that is not less than 12 months’ monthly gross salary, excluding the amount paid by the Government to the Central Provident Fund after deducting the amount that would have been paid by the Government to that Fund on account of the member if he had been in the pensionable service, together with the interest accrued thereon; and
(e)
in the case of a member who has exercised the option to convert to the non-pensionable service under regulation 32, a gratuity of an amount that is not less than 1/120 of one year’s pensionable emoluments as at the date immediately before his conversion for each complete month of pensionable service before his conversion but such gratuity shall not be less than one year’s or more than 3 years’ pensionable emoluments as at the date immediately before his conversion.
(2) Paragraph (1)(a) shall apply only in respect of a member who has died in the service of the Singapore Armed Forces on or after 7th December 1984.
(3) Where the member dies in disgrace, or where the death is attributable to his misconduct or negligence or due to reasons within his own control, the Armed Forces Council may refuse payment of such gratuity or authorise payment at such a reduced rate as it may think fit after having regard to all the circumstances of the case.
(4) For the purposes of paragraph (1)(a), “relevant age” means —
(a)
in the case of a member of or below the rank of Master Sergeant — 35 years of age;
(b)
in the case of a member of the rank of Warrant Officer to Major — 40 years of age; and
(c)
in the case of a member of or above the rank of Lieutenant-Colonel — 45 years of age.
Gratuity payable where member dies within one year of retirement
38.—(1) Where a member who has retired from service in the Singapore Armed Forces dies within one year of his retirement, whether as a result of any injury received in and which is attributable to service or otherwise, there shall be paid to such dependants as the Armed Forces Council may think fit or, if there are no dependants, to his personal representatives, a gratuity of an amount equal to one year’s pensionable emoluments or 12 months’ monthly gross salary, as the case may be, from which there shall be deducted —
(a)
the amount of the gratuity that has been granted to him in accordance with these Regulations; and
(b)
any payment of any award or pension other than an award granted in respect of an injury received in and which is attributable to service, which may already have been made.
[S 737/2020 wef 01/09/2020]
(2) For the purposes of this regulation and regulation 37, one year’s pensionable emoluments or 12 months’ monthly gross salary shall be computed using 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]
Compensation payable where member dies of injury received in and which is attributable to service
39.—(1) Where a member dies on or after 1 January 2023 as a result of any injury received in and which is attributable to service, the Armed Forces Council may pay to his dependants or personal representatives ––
(a)
a gratuity in accordance with regulation 37; and
(b)
the amount specified by the Armed Forces Council by General Order.
[S 1037/2022 wef 01/01/2023]
[S 1037/2022 wef 01/01/2023]
(2) There may be paid, in addition to the total sum under paragraph (1), a special award of a sum to be determined by the Armed Forces Council if, in the opinion of the Armed Forces Council, the injury was received by the member in the course of military operations or training.
(3) There may be paid, in addition to the total sum under paragraph (1) and, where applicable, paragraph (2), an additional award to be determined by the Armed Forces Council having regard to the principles on which a claim for damages would be determined in the civil courts if, in the opinion of the Armed Forces Council, the injury was received under exceptional circumstances or while the member was rendering service beyond the call of duty.
(4) Where a member’s death is caused as a result of the aggravation by service of an adverse medical condition that ––
(a)
existed in him before service; or
(b)
had arisen during but which was not attributable to service,
and the death occurred within 7 years of the aggravation of such medical condition, the amount of compensation payable to his dependants or personal representatives, may be equal to 50% of the compensation payable under paragraph (1)(b) and 50% of any award payable under paragraph (2) or (3), had his death occurred as a result of an injury received in and which is attributable to service.
