Singapore legislation

Clause 40

of Vocational and Industrial Training Board Bill

Clause 40

Pension schemes, provident fund, etc.

(1)

The Board may, with the approval of the Minister, make regulations for the establishment of a scheme or schemes for the payment of pensions, gratuities, provident fund or other superannuation benefits to such employees or classes of employees of the Board as it may determine, or to their legal personal representatives or dependants, on the death or retirement of such employees from the service of the Board or on their otherwise leaving the service of the Board.

(2)

The following provisions shall apply to any scheme established under subsection (1): —

(a)

no assurance on the life of any contributor under any such scheme, and no money or other benefit payable under any such assurance, and no payment made under any such scheme to any person who has been employed by the Board shall be assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever, other than a debt due to the Board or to the Government;

(b)

no donation by the Board or contribution by its employees made under any such scheme and no interest thereon shall be assignable or transferable or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the Board or to the Government;

(c)

no such donation, contribution or interest shall be subject to any debt of the contributor, nor shall such donation, contribution or interest pass to the Official Assignee on the bankruptcy of such contributor, but, if such contributor is adjudicated a bankrupt or is declared insolvent by a court, such donation, contribution or interest shall, subject to the provisions of this Act, be -deemed to be subject to a trust in favour of the persons entitled thereto on the death of the contributor;

(d)

the bankruptcy of a contributor shall not affect the making of deductions from the salary of the contributor in accordance with any such scheme, but such deductions shall continue to be made notwithstanding the provisions of any other written law, and the portion of salary so deducted shall not be deemed to form part of his after-acquired property;

(e)

subject to the provisions of any such scheme, all moneys paid or payable under any such scheme on the death of a contributor shall be subject to a trust in favour of the persons entitled thereto under a nomination in such form as may be prescribed in such scheme or, in the absence of any such nomination, the persons entitled thereto under the will or intestacy of such deceased contributor and shall not form part of his estate or be subject to the payment of his debts, but shall be deemed to be property passing on his death for the purposes of the Estate Duty Act (Cap. 137);

(f)

any contributor may by a memorandum under his hand appoint a trustee or trustees of the moneys payable on his death out of any such scheme and may make provision for the appointment of a new trustee or new trustees of such moneys and for the investment thereof; such memorandum shall be in a form prescribed by such scheme and shall be deposited with the Board;

(g)

if at the time of the death of any contributor or at any time afterwards, there is no trustee of such moneys or it is expedient to appoint a new trustee or new trustees, then and in any such case a trustee or trustees or a new trustee or trustees may be appointed by the High Court; and

(h)

the receipt of a person duly nominated by a deceased contributor or a trustee or trustees duly appointed or, in default of any such nomination or appointment and of written notice thereof to the Board, the receipt of the legal personal representative of a deceased contributor shall be a discharge to the Board for any moneys payable on his death out of any such scheme.

(3)

Where a person in the service of the Board, who does not come within the scope and effect of any pension or other scheme established under this section, retires or dies in the service of the Board or is discharged from such service, the Board may grant to him or to such other person or persons wholly or partly dependent on him, as the Board may think fit, such allowance or gratuity as the Board may determine.