Singapore legislation
Section 4E
Section 4E
Effect of bankruptcy and conviction on Scheme benefits
(1)
No contribution by the Government made under the Scheme and no interest thereon shall be subject to the debts of any member thereof, nor shall such contributions and interest pass to the Official Assignee on the bankruptcy of the member.
(2)
If a member is adjudicated a bankrupt or is declared insolvent by a court of law, such contributions and interest shall be deemed to be excluded from the property of the bankrupt for the purposes of the Insolvency, Restructuring and Dissolution Act 2018.
(3)
If, at the date of his retirement or resignation from the service, any member has been adjudged a bankrupt by judgment of a court of competent jurisdiction, whether in Singapore or elsewhere, and he has not obtained his discharge from such adjudication or declaration, it shall be lawful for an award officer to refuse to grant any pension, gratuity or other allowance which would, if not for this subsection, be granted.
(4)
If any person to whom a pension or other allowance has been granted under this Act —
is adjudicated a bankrupt by judgment of a court of competent jurisdiction, whether in Singapore or elsewhere; or
is sentenced to death or penal servitude or any term of imprisonment, by any court of competent jurisdiction, whether in Singapore or elsewhere, for any crime or offence,the Minister may direct that such pension or allowance shall forthwith cease, and thereupon such pension or allowance shall cease accordingly.
(5)
Where, by reason of bankruptcy of a member or former member, a pension, gratuity or allowance is not granted or where a pension or allowance ceases by virtue of a direction under subsection (4)(a), it shall be lawful for the Minister to cause all or any part of the moneys to which such person would have been entitled by way of pension, gratuity or allowance, had he not become a bankrupt or sentenced for any crime or offence, as the case may be, to be paid to, or applied for the maintenance and personal support or benefit of, all or any (to the exclusion of the others) of the following persons in such proportions and manner as the Minister thinks proper:
the member or former member himself;
his spouse, child or children.
(6)
The Minister may exercise his power under subsection (5), from time to time, during the remainder of the member’s or former member’s life, or during such shorter period or periods, either continuous or discontinuous, as the Minister thinks fit.
(7)
When a person to whom a pension or allowance has not been granted or whose pension or allowance has ceased under this section obtains a full and proper discharge from his bankruptcy, his pension or allowance shall be restored to him with effect from the date of such discharge.
(8)
For the purposes of subsection (5), moneys applied for the discharge of the debts of the member or former member, as the case may be, shall be regarded as applied for his benefit.
(9)
Notwithstanding subsection (4), any pension or allowance that has ceased by virtue of a direction under subsection (4)(b) shall be restored with retrospective effect in the case of a person who, after conviction, at any time receives a free pardon.
(10)
Where a pension or allowance ceases by virtue of a direction under subsection (4)(b), it shall be lawful for the Minister to cause all or any part of moneys to which the person would have been entitled by way of pension or allowance to be paid to or applied for the benefit of his spouse, child or children, or after the expiration of his sentence, also for the benefit of himself, in the same manner precisely and subject to the same qualifications and restrictions as in the case of bankruptcy provided in subsection (5).