Singapore legislation
Section 27DB
Section 27DB
Order of court for transfer or sale of immovable property in relation to which charge has been created under section 15(11EB)
(1)
Subsection (2) applies where —
the Board permits a member of the Fund to use the immovable property mentioned in section 15(11EA) to secure the whole or part of the retirement sum applicable to the member;
a charge is constituted under section 15(11EB) on the immovable property to secure the payment to the Board of the whole or part of the retirement sum;
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 to the member’s spouse; and
the spouse is a citizen or permanent resident of Singapore.
(2)
Subject to any regulations made under section 77(1), the following provisions apply in the circumstances set out in subsection (1):
if the order of court requires any person to pay to the Board any amount towards covering the deficiency in the member’s retirement sum, that person must pay to the Board that amount;
the member must pay to the Board a further amount sufficient to cover the deficiency in the member’s retirement sum, unless the amount paid under paragraph (a) (if any) is sufficient to cover that deficiency; (c)if the immovable property is subsequently sold or otherwise disposed of, the spouse must pay to the Fund an amount determined by the Board in accordance with any regulations made under section 77(1), and the Board must credit that amount to one or more designated accounts maintained, or to be maintained, for the spouse;
despite section 15(11F)(e), upon the transfer of the member’s estate or interest in the immovable property to the spouse, and upon payment in accordance with paragraph (a), if applicable —
the charge mentioned in subsection (1)(b) ceases to secure the payment to the Board of the retirement sum applicable to the member; and
the member, the spouse or any other person having an interest in the immovable property is entitled to have any registration or notification of the charge in the appropriate register under the Land Titles Act 1993, the Land Titles (Strata) Act 1967 or the Registration of Deeds Act 1988 (as the case may be) cancelled, insofar as it secures the payment to the Board of the retirement sum applicable to the member;
upon the transfer of the member’s estate or interest in the immovable property to the spouse, a charge is constituted on the immovable property to secure the payment referred to in paragraph (c);
sections 15(11F)(b) to (e) and 21(12) apply, with the necessary modifications, to the charge under paragraph (e), and for the purposes of such application —
any reference to the charge under section 15(11EB) is to be read as a reference to the charge under paragraph (e); and
any reference to the member is to be read as a reference to the spouse;
the charge under paragraph (e) —
is subject to all prior statutory rights and charges of any public authority over the immovable property; and
despite anything in the Land Titles Act 1993 or the Registration of Deeds Act 1988 —
is not subject to any encumbrance registered or notified on or after the date of the notification of the charge mentioned in subsection (1)(b); and
ranks equally with the charge mentioned in subsection (1)(b), had it continued or if it continues to be in force, in the order of priority of interests in the immovable property.
(3)
Subsection (4) applies where —
the Board permits a member of the Fund to use the immovable property mentioned in section 15(11EA) to secure the whole or part of the retirement sum applicable to the member;
a charge is constituted under section 15(11EB) on the immovable property to secure the payment to the Board of the whole or part of the retirement sum; and
an order of court is made requiring the transfer or sale of the member’s estate or interest in the immovable property to any person.
(4)
In the circumstances mentioned in subsection (3), unless subsection (2) applies, the charge mentioned in subsection (3)(b) continues in force until —
the retirement sum applicable to the member or part of the retirement sum that the charge was constituted to secure under section 15(11EB) —
has been paid to the Board; or
is no longer required by any regulations made under section 77(1) to be paid to the Board; or
the Board is satisfied of the occurrence of any event prescribed in any regulations made under section 77(1) for the purposes of this paragraph.
(5)
Where any of the events mentioned in subsection (4) occurs, unless subsection (2) applies, the following persons are entitled to have any registration or notification of the charge mentioned in subsection (3)(b) in the appropriate register under the Land Titles Act 1993, the Land Titles (Strata) Act 1967 or the Registration of Deeds Act 1988 (as the case may be) cancelled:
the member mentioned in subsection (3);
the person mentioned in subsection (3)(c);
any other person having an interest in the immovable property on which the charge is constituted.