Singapore legislation
Section 8
Section 8
Effect of bankruptcy on benefits
(1)
No contribution by the Government made under the INVEST Plan and no interest thereon shall be subject to the debts of any member, nor shall such contributions and interest pass to the Official Assignee on the bankruptcy of the member, and if the member is adjudicated a bankrupt or is declared insolvent by a court of law, the contributions and interest must be deemed excluded from the property of the bankrupt for the purposes of the Insolvency, Restructuring and Dissolution Act 2018.
(2)
If, at the date of his or her retirement or resignation from the uniformed services, any member has been adjudged a bankrupt by judgment of a court of competent jurisdiction, whether in Singapore or elsewhere, and he or she has not obtained a discharge from the adjudication or declaration, it is lawful for an award officer to refuse to grant any pension, gratuity or other allowance which would, if not for this subsection, be granted.
(3)
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, the Minister may direct that the pension or allowance must forthwith cease, and the pension or allowance then ceases accordingly.
(4)
In any case where, by reason of bankruptcy of the former member, a pension, gratuity or allowance is not granted or where a pension or allowance ceases by virtue of a direction under subsection (3), the Minister may, 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, cause all or any part of the moneys to which the person would have been entitled by way of pension, gratuity or allowance, had the person not become a bankrupt, 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;
any wife, child or children of the member or former member.
(5)
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 or her bankruptcy, his or her pension or allowance must be restored to him or her with effect from the date of the discharge.
(6)
For the purposes of subsection (4), moneys applied for the discharge of the debts of the member or former member (as the case may be) are regarded as applied for his or her benefit.