Singapore legislation
Section 57C
Section 57C
Cash payments and contributions under Scheme
(1)
Subject to subsection (4) and the relevant regulations, the Board may do either or both of the following:
make a cash payment, to an eligible member, of such amount as those regulations may prescribe;
credit, to such account of an eligible member in the Fund as the Minister may direct, a relevant contribution of such amount as those regulations may prescribe.
(2)
The Board may recover on behalf of the Government —
any cash payment made to a member of the Fund; and
any relevant contribution credited to any account in the Fund of a member of the Fund, together with the whole or such part, as the Board may determine, of any interest paid thereon,if —
the member has obtained the cash payment or relevant contribution by means of any false or misleading statement or any document that is false or misleading in any particular;
the member has contravened any provision of the relevant regulations; or
the cash payment was made to the member, or the relevant contribution was credited to the account of the member, in error.
(3)
Where the amount of any cash payment or relevant contribution received by an eligible member exceeds that which the member is entitled to receive under the relevant regulations, the Board may recover on behalf of the Government the excess amount (together with the whole or such part, as the Board may determine, of any interest paid on any excess amount of relevant contribution).
(4)
Subject to the relevant regulations, on the death of an eligible member, the Board may do either or both of the following:
make any cash payment which the member would have been entitled to receive to the member’s estate or, in lieu thereof, credit an additional relevant contribution, of an amount equivalent to the value of that cash payment, to such account of the member in the Fund as the Minister may direct;
credit any relevant contribution which the member would have been entitled to receive (not being an additional relevant contribution mentioned in paragraph (a)) to such account of the member in the Fund as the Minister may direct.
(5)
Despite section 24(3A), on the death of a member of the Fund, the Board may recover on behalf of the Government —
from the member’s estate, any cash payment made to the member (prior to his or her death) or to the member’s estate; and
from the moneys payable out of the Fund on the member’s death or from any person to whom any such moneys have been paid or transferred, any relevant contribution credited to any account of the member in the Fund, together with the whole or such part, as the Board may determine, of any interest paid thereon,if —
the cash payment was made, or the relevant contribution was credited, in reliance on any false or misleading statement or any document that is false or misleading in any particular;
the member had contravened any provision of the relevant regulations; or
the cash payment was made to the member (prior to his or her death) or to the member’s estate, or the relevant contribution was credited to the member’s account, in error.
(6)
Despite section 24(3A), on the death of an eligible member —
where the amount of any cash payment received by the member (prior to his or her death) or by the member’s estate exceeds that which the member is or would have been entitled to receive under the relevant regulations, the Board may recover on behalf of the Government, from the member’s estate, the excess amount of cash payment; and
where the amount of any relevant contribution credited to any account of the member in the Fund exceeds that which the member is or would have been entitled to receive under the relevant regulations, the Board may recover on behalf of the Government, from the moneys payable out of the Fund on the member’s death or from any person to whom any such moneys have been paid or transferred, the excess amount of relevant contribution, together with the whole or such part, as the Board may determine, of any interest paid thereon.
(7)
The Board may recover on behalf of the Government, from any cash payment or relevant contribution which an eligible member is entitled to receive, by set-off or otherwise, any amount due to the Government from the member.
(8)
Subsections (2), (3), (5), (6) and (7) are without prejudice to any other right of action or remedy which the Board or the Government may have under any written law or rule of law.
(9)
Any money recovered by the Board under subsection (2), (3), (5), (6) or (7) must be refunded to the Government.
(10)
Despite anything in this Part or the relevant regulations, no person has an absolute right to any cash payment or relevant contribution under the Scheme.