Singapore legislation
Section 25
Section 25
Moneys payable on death of member
(1)
Subject to such conditions as the Board may prescribe, any member of the Fund who is at least 16 years of age may, by a memorandum executed in such manner as the Board may prescribe, nominate any person to receive in his or her own right —
such portion of the amount payable on the member’s death out of the Fund as the memorandum indicates —
by the payment of that portion to that person;
if, at the time the Board is satisfied that the memorandum is duly executed, that person is a citizen or permanent resident of Singapore —
subject to sub-paragraph (B), by the transfer of that portion to that person’s accounts in the Fund in such manner as the member may specify in the memorandum; or
if that portion exceeds such maximum amount as the Minister may determine, by the transfer of that maximum amount to that person’s accounts in the Fund in such manner as the member may specify in the memorandum, and by the payment of the excess to that person; or
if, at the time the Board is satisfied that the memorandum is duly executed, the member and that person are citizens or permanent residents of Singapore, and a certification under subsection (1C) has been issued in respect of that person and remains in force —
subject to sub-paragraph (C), by the payment of that portion to that person in periodic instalments in such manner as the Board may determine;
subject to sub-paragraph (C), by the transfer of such part of that portion as the Board may determine to that person’s medisave account in periodic instalments in such manner as the Board may determine, and by the payment of the remainder of that portion to that person in periodic instalments in such manner as the Board may determine; or
if that portion does not exceed such amount as the Minister may determine —
(CA)by the payment of that portion to that person;
(CB)by the payment of such part of that portion as the Board may determine in accordance with sub‑paragraph (A) or (B), and by the payment of the remainder of that portion to that person; or
by the transfer of such part of that portion as the Board may determine to that person’s medisave account in periodic instalments in such manner as the Board may determine, and by the payment of the remainder of that portion to that person; or
such portion of any shares designated under section 26(1) as the memorandum indicates.
(1A)
To avoid doubt, a member of the Fund may nominate one or more persons by a memorandum under subsection (1).
(1B)
The Minister may, for different classes of persons nominated under subsection (1), determine —
different maximum amounts for the purposes of subsection (1)(a)(ii)(B); and
different amounts for the purposes of subsection (1)(a)(iii)(C).
(1C)
The Minister charged with the responsibility for social services may, on an application by a member who wishes to execute a memorandum under subsection (1) nominating a person to receive the person’s portion of the amount payable on the member’s death out of the Fund in accordance with subsection (1)(a)(iii), issue a written certification stating that the person is eligible to receive that portion in that manner, if —
the person and the member are related —
in such manner as may be prescribed by any regulations made under section 77(1); or
in such other manner as that Minister may determine; and
the person satisfies such other requirements as that Minister may impose.
(1D)
The Minister charged with the responsibility for social services may, in any particular case, waive any requirement imposed under subsection (1C)(b).
(1E)
If the Minister charged with the responsibility for social services decides not to issue a certification under subsection (1C), any member or person referred to in that subsection who is aggrieved by that decision may, within such period as may be prescribed in any regulations made under section 77(1), apply to that Minister to reconsider the matter.
(1F)
The Minister charged with the responsibility for social services may determine an application under subsection (1E) —
by issuing a certification under subsection (1C); or
by confirming the earlier decision not to issue that certification.
(1G)
Any decision of the Minister charged with the responsibility for social services under subsection (1F) is final.
(1H)
The Minister charged with the responsibility for social services may —
in writing delegate to any person or group of persons appointed by that Minister all or any of the Minister’s functions and powers under subsections (1C) to (1F); and
under paragraph (a), delegate different functions and powers to different persons or groups of persons.
(1I)
Despite subsection (1), where any member of the Fund, by a memorandum executed before 1 February 2012 in the prescribed manner but while the member was below 21 years of age, purportedly nominated any person to receive in his or her own right any portion of the amount payable on the member’s death out of the Fund, or any portion of any shares designated under section 26(1) —
the memorandum is deemed to be and always to have been validly executed;
the nomination is deemed to be and always to have been validly made; and
no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of the memorandum or nomination.
(2)
Subject to subsection (2A), where, at the time of the death of a member of the Fund, no person has been nominated by the member under subsection (1), the total amount payable on the member’s death out of the Fund must be paid to the Public Trustee for disposal in accordance with —
the Intestate Succession Act 1967, if the member is not a Muslim at the time of his or her death; or
section 112 of the Administration of Muslim Law Act 1966, if the member is a Muslim at the time of his or her death.
(2A)
Despite subsection (2) and section 24(3A), where any person has incurred any reasonable funeral expenses in respect of a deceased member of the Fund, and that person has been determined by the Public Trustee in accordance with subsection (2) to be entitled to any moneys paid out of the Fund on the death of the member, the Public Trustee —
may pay to that person, from the moneys paid to the Public Trustee under subsection (2), such amount as the Public Trustee determines to be reasonable to defray those expenses; and
must pay the remainder of the moneys paid to the Public Trustee under subsection (2) in accordance with —
the Intestate Succession Act 1967, if the member is not a Muslim at the time of his or her death; or
section 112 of the Administration of Muslim Law Act 1966, if the member is a Muslim at the time of his or her death.
(3)
Despite sections 15(5) and 20(1) and (1A), any portion of the amount payable on a member’s death out of the Fund which a person nominated under subsection (1) would have received by payment to that person must be paid to the Public Trustee for the benefit of that person —
in any case where that person is nominated to receive that portion in accordance with subsection (1)(a)(i) or (ii), if that person (not being a widow of the deceased member) is below 18 years of age at the time of payment of that portion; or
in any case where that person is nominated to receive that portion in accordance with subsection (1)(a)(iii), if —
that person (not being a widow of the deceased member) is below 18 years of age at the time of payment of that portion; and
that portion does not exceed such amount as the Minister may determine under subsection (1)(a)(iii)(C).
(4)
The receipt of a person nominated under subsection (1) or of the Public Trustee is a discharge to the Board for the portion of the amount payable out of the Fund on the death of a member which is paid to the person or transferred to the person’s accounts in the Fund or which is paid to the Public Trustee under subsection (2) or (3), as the case may be.
(4A)
If a person nominated by a member in accordance with subsection (1) has died at the time of payment of the amount payable out of the Fund on the death of the member, and the portion of that amount which the nominated person would have received by payment to the nominated person does not exceed such amount as the Minister may, by notification in the Gazette, specify —
the Board may pay to a proper claimant the whole or any part, as the Board may determine, of the portion of that amount which the nominated person would have received by payment to the nominated person; and
the receipt of the proper claimant is a discharge to the Board for the amount paid to the proper claimant under paragraph (a).
(4B)
Subsection (4A) does not affect any recourse which any person may have against a proper claimant for an amount paid to the proper claimant under subsection (4A)(a).
(5)
Any nomination made by a member of the Fund under subsection (1) is revoked —
by his or her marriage, whether the marriage was contracted before, on or after 15 May 1980; or
in such other circumstances, and in such manner, as the Board may prescribe.
(6)
Despite subsection (5), where a nomination made by a member under subsection (1) is revoked by his or her marriage, and the Board, in ignorance of the marriage, purports to pay or transfer any amount payable out of the Fund on the death of the member in accordance with the revoked nomination and this section —
the Board is nevertheless discharged from all liability in respect of the payment or transfer; but(b)this subsection does not affect any recourse which any person may have against the recipient of the payment or transfer.
(6A)
A member of the Fund who is at least 16 years of age may, when executing a memorandum under subsection (1), consent to the disclosure by the Board, after the member’s death, to such persons as the member may specify in the memorandum, of any information relating to —
the memorandum; and
the member’s accounts in the Fund.
(7)
In this section —
Definition
“child” means a legitimate child and includes any child adopted by virtue of an order of court under any written law for the time being in force in Singapore, Malaysia or Brunei Darussalam;
Definition
“parent” includes an adoptive parent;
Definition
“proper claimant” means a person who —
claims to be entitled to a deceased nominated person’s portion of the amount payable out of the Fund on the death of a member as executor of the deceased nominated person; or
claims to be entitled to a deceased nominated person’s portion of the amount payable out of the Fund on the death of a member (whether for his or her own benefit or not), and is the widower, widow, child, grandchild, parent, brother, sister, nephew, niece, grandparent, uncle or aunt of the deceased nominated person.