Singapore legislation

Schedule 1

of National University of Singapore (Corporatisation) Bill

Schedule 1

Dissolution of ASPF Scheme

FIRST SCHEDULESection 18Dissolution of ASPF SchemeInterpretation1.—

(1)

In this Schedule, unless the context otherwise requires —“ASPF” means the Academic Staff Provident Fund;“ASPFAIS Investment” means an investment effected under Clause 19E of Statute 18;“ASPF member” means a person who is a member of the ASPF Scheme and who is in the service of the university company as at the dissolution date;“ASPF moneys” means the moneys standing to the credit of any person under the ASPF Scheme;“assets of the ASPF” means all property, assets, rights and interests of every description relating to the ASPF Scheme which immediately before the date of the dissolution notice were vested in the university company or the Trustees, including, without limitation, all moneys, mortgages (legal or equitable) of immovable property and investments (including assurance policies and unit trusts);“balance of the assets of the ASPF” means the assets of the ASPF excluding —

(a)

the ASPF moneys, ASPFAIS Investments or Part V Assurances to be assigned or transferred to any relevant person under paragraph 5(b);

(b)

the ASPF moneys, ASPFAIS Investments or Part V Assurances standing to the credit of each living relevant person under the ASPF Scheme credited or to be credited to his CPF account under paragraph 18 or 19;

(c)

the ASPF moneys, ASPFAIS Investments or Part V Assurances to be retained by the university company under paragraphs 33 and 40;

(d)

the mortgages (whether legal or equitable), in relation to the mortgaged properties under the ASPF Scheme, to be transferred to and vested in the CPF Board under paragraph 25(1); and

(e)

the mortgages (whether legal or equitable), in relation to the mortgaged properties under the ASPF Scheme, to be retained by the university company under paragraphs 37 and 44,after the deduction of the liabilities of the ASPF Scheme and the expenses of winding up the ASPF Scheme;“Board of Management” means the board of management of the ASPF Scheme constituted under Clause 8(a) of Statute 18;“CPF” means the Central Provident Fund established under the Central Provident Fund Act (Cap. 36);“CPF account” means an account maintained under the Central Provident Fund Act;“CPFIS” means the Central Provident Fund Investment Scheme established under the Central Provident Fund Act;“CPF member” means a person who is a member of the CPF within the meaning of section 2(1) of the Central Provident Fund Act;“date of the dissolution notice” means the date on which the dissolution notice is given under paragraph 2;“deceased relevant person” means a relevant person who is not uncontactable and who dies before the dissolution date;“dissolution notice” means the notice to be given by the university company to the relevant persons under paragraph 2;“expenses of winding up the ASPF Scheme” means all expenses including legal and accounting costs of winding up the ASPF Scheme and any legal costs and stamps fees incurred in connection with the transfer of the property, assets, rights and interests relating to the ASPF Scheme to the CPF Board, whether incurred before, on or after the date of the dissolution notice;“Interest Equalisation Reserve Account” means the account established under Clause 11(ii) of Statute 18;“Investment Depreciation Reserve Account” means the account established under Clause 13(i) of Statute 18;“Investment Fund” means the Investment Fund constituted under Clause 5 of Statute 18;“living relevant person” means any relevant person who is alive immediately before the dissolution date;“mortgaged property under the ASPF Scheme” means any immovable property with a mortgage (whether legal or equitable) in favour of the university company which secures a withdrawal of ASPF moneys to finance the purchase of the property or to finance or re-finance the payment of a housing loan taken out for the purchase of the property;“notice period” means the period from the date of the dissolution notice to the dissolution date;“Part V Assurance” means a life or endowment assurance effected under Part V of Statute 18;“relevant person” means any person who, before the dissolution date, had ASPF moneys, ASPFAIS Investments or Part V Assurances standing to his credit under the ASPF Scheme or a mortgaged property under the ASPF Scheme;“Trustees” means the trustees of the ASPF Scheme;“working day” means any day other than a Saturday, Sunday or public holiday.(2) In this Schedule, a relevant person shall be treated as uncontactable if —

(a)

he does not have a CPF account; and

(b)

the university company is not in possession of any of the following details or documents in respect of him which is necessary for the opening of a CPF account:

(i)

his nationality;

(ii)

in the case of a relevant person who is a citizen of Singapore, his Singapore national registration identification number;

(iii)

in the case of a relevant person who is not a citizen of Singapore, his passport number and foreign identification number, a copy of each page of his passport which contains his identification information and a copy of his foreign identification card; and

(iv)

his date of birth,despite reasonable efforts made by the university company to obtain such details or documents.Notification of dissolution of ASPF Scheme

2. The university company shall —

(a)

on a date which is at least 12 months before the dissolution date, give a written notice to each relevant person who is not uncontactable of its intention to wind up the ASPF Scheme; and

(b)

on the 7th working day after the date on which the dissolution notice is given, cause the dissolution notice to be published in a local daily English newspaper circulating generally in Singapore.

3. The dissolution notice shall be deemed to have been duly served on a relevant person —

(a)

where the dissolution notice is sent by post to the relevant person’s address —

(i)

if the address is within Singapore, within 2 clear working days; or

(ii)

if the address is outside Singapore, within 5 clear working days,after the notice was posted and in proving service of the notice, it shall be sufficient to prove that the envelope containing the notice was addressed, stamped and posted;

(b)

where the dissolution notice is delivered by hand, immediately upon delivery to the relevant person or upon it being left at the relevant person’s mailbox at the university company’s premises designated by the university company for use by the relevant person;

(c)

where the dissolution notice is in the form of an electronic mail sent to the relevant person’s electronic mail address, on the date and at the time stated in the electronic acknowledgment of receipt by the relevant person which is received by the university company; or

(d)

upon the publication of the dissolution notice in the local daily English newspaper under paragraph 2(b),whichever is the earliest in time.

4. For the purposes of paragraph 3 —

(a)

the relevant address of a relevant person in paragraph 3(a) shall be the last-known address of the relevant person according to the university company’s records;

(b)

the relevant electronic mail address of an ASPF member in paragraph 3(c) is the electronic mail address bearing the internet domain name “nus.edu.sg” which is assigned by the university company to the ASPF member.Relevant person 55 years of age or above

5. The university company shall give each relevant person who is 55 years of age or above as at the dissolution date and who is not uncontactable, and shall by notice inform him of, the option of either —

(a)

having his ASPF moneys, ASPFAIS Investments or Part V Assurances transferred to his CPF account or a CPF account opened for him in accordance with paragraph 15, as the case may be; or

(b)

having his ASPF moneys, ASPFAIS Investments or Part V Assurances transferred or assigned to him, or to have the mortgage in relation to his mortgage property under the ASPF Scheme discharged, as the case may be, subject to the condition that he —

(i)

has sufficient money set aside for the purposes of section 15(6) of the Central Provident Fund Act (Cap. 36); or

(ii)

sets aside such amount of ASPF moneys to be transferred to his CPF account or a CPF account opened for him in accordance with paragraph 15, as the case may be, for the purposes of section 15(6) of the Central Provident Fund Act.

6. If the university company is not notified of the option selected by a relevant person referred to in paragraph 5 in the manner and by the date specified in the university company’s notice to that relevant person under paragraph 5, that relevant person’s ASPF moneys shall be transferred to the CPF Board under paragraph 13(b) and his ASPFAIS Investments or Part V Assurances, if any, shall be deemed to be investments under the CPFIS under paragraph 22.Part V Assurances/ASPFAIS Investments

7. All premiums paid towards any Part V Assurance, whether using ASPF moneys or cash, prior to the dissolution date, shall be deemed to have been paid with ASPF moneys.

8. With effect from the date of the dissolution notice, no new Part V Assurance shall be allowed to be effected under the ASPF Scheme.9.—

(1)

Prior to the dissolution date, the Board of Management shall assign every Part V Assurance and ASPFAIS Investment held in the name of the predecessor university on behalf of any relevant person who is not uncontactable back to the relevant person.(2) For the avoidance of doubt, any Part V Assurance or ASPFAIS Investment so assigned shall, notwithstanding the assignment, be considered to be standing to the credit of the relevant person under the ASPF Scheme.Dissolution of ASPF Scheme and transfer of ASPF moneys

10. During the notice period, the university company may apply the assets of the ASPF to pay the debts and liabilities of the ASPF Scheme and the costs, charges and expenses of winding up the ASPF.11.—

(1)

The university company shall —

(a)

cause the accounts of the ASPF to be prepared up to the date immediately before the dissolution date; and

(b)

within 30 days of the dissolution date, compute the respective share of the balance of the assets of the ASPF, if any, in respect of each relevant person who has ASPF moneys standing to his credit in the ASPF Scheme immediately before the dissolution date pro rata to the average of the balances of ASPF moneys in his account at the end of each quarter for the period commencing after the last periodical valuation conducted pursuant to Clause 13 of Statute 18 and ending on the date immediately before the dissolution date,and thereupon close the accounts of the ASPF.(2) The university company shall, as soon as practicable after the accounts of the ASPF are closed, cause the accounts to be audited and shall after such audit deliver the audited accounts to the CPF Board.

12. The accounts to be delivered to the CPF Board under paragraph 11(2) shall —

(a)

give full particulars of the assets of the ASPF and full particulars of the Investment Fund, the Interest Equalisation Reserve Account and the Investment Depreciation Reserve Account;

(b)

provide details of the ASPF moneys standing to the credit of each living relevant person under the ASPF Scheme and to be transferred to the CPF Board under paragraph 13(b); and

(c)

provide details of the respective share of the balance of the assets of the ASPF of each living relevant person who has ASPF moneys standing to his credit in the ASPF Scheme immediately before the dissolution date computed under paragraph 11(1)(b) to be transferred to his CPF ordinary account under paragraph 20.

13. On the dissolution date —

(a)

the ASPF Scheme shall be dissolved;

(b)

the ASPF moneys, including (where applicable) interest under clause 11(i) of Statute 18, to be credited under paragraph 18 to the CPF accounts of each living relevant person who is not uncontactable (other than a relevant person who has opted for those moneys to be transferred or assigned to him under paragraph 5(b)) shall, be transferred to the CPF Board; and

(c)

the balance of the assets of the ASPF, if any, shall be retained by the university company to be held on trust for the relevant persons who have ASPF moneys immediately before the dissolution date.

14. Notwithstanding paragraph 13, the university company shall satisfy all rights against it, the ASPF or the Trustees as are expressly preserved by paragraph 32(2) and shall fulfill and perform all duties and obligations in respect of the ASPF Scheme which ought to have been fulfilled or performed by it, by the Board of Management or by the Trustees (as the case may be) and which for whatever reason remain unfulfilled or unperformed at the dissolution date.Opening of CPF accounts and crediting into CPF accounts

15. Every living relevant person who is not uncontactable and is not already a CPF member immediately before the dissolution date shall be deemed to be a CPF member on the dissolution date, and the CPF Board shall open CPF accounts for such persons in accordance with the Central Provident Fund Act (Cap. 36).

16. Every person who is deemed a CPF member under paragraph 15 shall be bound by the Central Provident Fund Act and entitled to all rights and privileges of CPF members under that Act.

17. Any ASPF moneys which are transferred to the CPF Board by virtue of paragraph 13(b) or any Part V Assurance or ASPFAIS Investment deemed to be an investment under the CPFIS under paragraph 22, which was held upon any trust for any living relevant person immediately before the dissolution date shall, after such transfer or deeming, be held upon the same trust.

18. Upon the transfer to the CPF Board of the ASPF moneys referred to in paragraph 13(b), the CPF Board shall credit the ordinary and special accounts in the CPF of each living relevant person referred to in that paragraph, with the amounts standing to the credit of that person under the ASPF Scheme immediately before the dissolution date.

19. The CPF Board shall, in respect of each living relevant person who is not uncontactable and who immediately before the dissolution date has any Part V Assurance or ASPFAIS Investment (other than any Part V Assurance or ASPFAIS Investment which that person has opted to be transferred or assigned to him under paragraph 5(b)), treat such Part V Assurance or ASPFAIS Investment as an investment under the CPFIS, as deemed under paragraph 22, and shall credit such Part V Assurance or ASPFAIS Investment to the relevant person’s CPFIS account.

20. The respective share of the balance of the assets of the ASPF, if any, of each living relevant person who has ASPF moneys standing to his credit under the ASPF Scheme computed under paragraph 11(1)(b) shall be transferred from the university company to the CPF Board 30 days after the dissolution date and the CPF Board shall credit the share to the ordinary account of that person.

21. Every employment contract or agreement for service between the university company and an ASPF member shall be deemed to be varied to provide that the ASPF member shall, with effect from the dissolution date, be required to contribute to the CPF instead of the ASPF.Part V Assurances and ASPFAIS Investments deemed investments under CPFIS22. On the dissolution date, every Part V Assurance and ASPFAIS Investment of a living relevant person who is not uncontactable held by him immediately before the dissolution date (other than any Part V Assurance or ASPFAIS Investment which that person has opted to be transferred or assigned to him under paragraph 5(b)) shall be deemed to be an investment made by him under the CPFIS, and all premiums paid or deemed to have been paid with ASPF moneys in respect of ASPFAIS Investments and Part V Assurances shall, on and after the dissolution date, be deemed to have been paid with CPF moneys from his CPF account.

23. Every living relevant person who, immediately before the date of the dissolution notice and continuously up to the date immediately before the dissolution date, used ASPF moneys for the purpose of paying the premium on his Part V Assurance shall, on and after the dissolution date, be entitled to use moneys credited to his ordinary account with the CPF for the same purpose.

24. For the avoidance of doubt, a living relevant person who, immediately before the dissolution date, did not use his ASPF moneys for the purpose of paying the premium on his Part V Assurance shall not be entitled to use moneys credited to his ordinary account with the CPF for such purpose.Preservation of rights in relation to immovable property25.—

(1)

Each mortgage (whether legal or equitable) in favour of the university company in relation to any mortgaged property under the ASPF Scheme of a living relevant person who is not uncontactable shall, on the dissolution date, be transferred to and vest in the CPF Board.(2) The CPF Board shall, in respect of any mortgage referred to in sub-paragraph (1) and the liabilities thereby secured, be entitled to the same rights and priorities and subject to the same obligations and incidents on and after the dissolution date as the university company would have been entitled and subject to if the mortgage had continued to be held by the university company or in the university company’s favour.

26. Notwithstanding section 145 of the Land Titles Act (Cap. 157), it shall not be necessary for the CPF Board to make any application to the Registrar of Titles to enter in the land-register a memorial of the vesting in favour of the CPF Board of all mortgages or charges of registered land transferred to and vested in the CPF Board under paragraph 25(1).

27. Section 56(1) of the Land Titles Act (Cap. 157) shall not apply to any instrument executed by the CPF Board purporting to dispose of, or to create an interest in, mortgages or charges of registered land transferred to or vested in the CPF Board under paragraph 25(1) and shall not prevent the registration of any such instrument executed by the CPF Board, notwithstanding that the CPF Board may not be named as the proprietor of the registered land in the land-register at the time of the registration of such instrument.

28. Notwithstanding section 4 of the Registration of Deeds Act (Cap. 269), it shall not be necessary for the CPF Board to register the transfer to or vesting in favour of the CPF Board of all mortgages or charges of unregistered land under paragraph 25(1), and the production of a Government Printer’s copy of this Act and such evidence of publication of the dissolution date in the Gazette shall be admissible in any court as evidence of the CPF Board’s interest in such land.

29. For the purposes of the Land Titles Act and the Registration of Deeds Act, all caveats or memoranda of charge claiming an interest in land as mortgagee or chargee in respect of any mortgaged property under the ASPF Scheme lodged by the university company and subsisting as at the dissolution date shall be construed and have effect on and after that date as if for any reference therein to the university company were substituted with a reference to the CPF Board.Disclosure of information

30. The university company and the CPF Board shall be entitled, and it shall be lawful for the university company and the CPF Board, to disclose to each other and to any bank, insurance company or other financial institution which —

(a)

is approved or participating under the CPFIS;

(b)

is approved or participating under any investment scheme referred to in Clause 19E of Statute 18; or

(c)

has issued any Part V Assurance,as the case may be, such information relating to —

(i)

the assets of the ASPF;

(ii)

any person who has, at the date of the dissolution notice, any ASPF moneys, Part V Assurance, ASPFAIS Investment or mortgaged property under the ASPF Scheme;

(iii)

the accounts under the ASPF of any person referred to in sub-paragraph (ii);

(iv)

the CPF accounts of any person referred to in sub-paragraph (ii); and

(v)

the contact details of any person referred to in sub-paragraph (ii),as the university company or the CPF Board thinks necessary to facilitate the dissolution and transfer of assets.

31. Any relevant person in respect of whom any information relating to —

(a)

himself;

(b)

any of his moneys, investments, assurances or mortgaged property;

(c)

his account in the ASPF Scheme; or

(d)

his CPF accounts,has been disclosed under paragraph 30 shall be deemed to have given his consent to such disclosure.Claims against ASPF Scheme32.—

(1)

Upon the dissolution of the ASPF, no relevant person shall have any claim against the ASPF Scheme, the university company, the Trustees or the CPF Board other than in accordance with and pursuant to the provisions of this Schedule.(2) Notwithstanding sub-paragraph (1) but subject to the first and paramount lien or charge vested in the university company pursuant to Clause 7 of Statute 18, the dissolution of the ASPF shall not prejudice or affect the rights of any relevant person to any payment out of the assets of the ASPF that had accrued immediately before the dissolution of the ASPF.ASPF moneys, ASPFAIS Investments Part V Assurances and mortgaged property of deceased relevant persons

33. All ASPF moneys, ASPFAIS Investments and Part V Assurances of a deceased relevant person shall not be transferred to the CPF Board on the dissolution date.

34. The ASPF moneys of a deceased relevant person referred to in paragraph 33 shall on the dissolution date be transferred to an account opened in the name of the university company as trustee and shall be placed on deposit with a bank.

35. The respective share of the balance of the assets of the ASPF, if any, in respect of the deceased person computed in accordance with paragraph 11(1)(b), shall be transferred 30 days after the dissolution date to the account referred to in paragraph 34.

36. The ASPFAIS Investments and Part V Assurances of a deceased relevant person referred to in paragraph 33 shall be held by the university company as trustee.

37. The university company shall, in respect of any mortgage (whether legal or equitable) in favour of the university company in relation to any mortgaged property under the ASPF Scheme of a deceased relevant person and the liabilities thereby secured, continue to be entitled to the same rights and priorities and subject to the same obligations and incidents on and after the dissolution date as it had been immediately before that date.

38. The university company shall have the right to deduct from the moneys transferred to the account under paragraphs 34 and 35 or apply such amount of the property referred to in paragraph 36 as is necessary to reimburse any reasonable expenses incurred by it in administering the moneys, investments or assurances of a deceased relevant person.39.—

(1)

The moneys which have been transferred to the account under paragraphs 34 and 35 and the ASPFAIS Investments and Part V Assurances referred to in paragraph 36, shall be paid or transferred to the trustees or legal personal representatives of the deceased relevant person.(2) The university company shall arrange for the discharge of the mortgaged property referred to in paragraph 37.ASPF moneys, ASPFAIS Investments Part V Assurances and mortgaged property of uncontactable relevant persons

40. All ASPF moneys, ASPFAIS Investments and Part V Assurances of a relevant person who is uncontactable shall not be transferred to the CPF Board on the dissolution date.

41. The ASPF moneys of a relevant person who is uncontactable referred to in paragraph 40 shall on the dissolution date be transferred to an account or accounts to be opened in the name of the university company as trustee and shall be placed on deposit with a bank.

42. Such amount of the balance of the assets of the ASPF, if any, which is attributable to the shares of the balance of the assets of the ASPF of all uncontactable relevant persons who have ASPF moneys standing to their credit in the ASPF Scheme immediately before the dissolution date, computed under paragraph 11(1)(b), shall be transferred 30 days after the dissolution date to the account or accounts referred to in paragraph 41.

43. The ASPFAIS Investments and Part V Assurances of a relevant person who is uncontactable referred to in paragraph 40 shall be held by the university company as trustee.

44. The university company shall, in respect of any mortgage (whether legal or equitable) in favour of the university company in relation to any mortgaged property under the ASPF Scheme of an uncontactable relevant person and the liabilities thereby secured, continue to be entitled to the same rights and priorities and subject to the same obligations and incidents on and after the dissolution date as it had been immediately before that date.

45. The university company shall have the right to deduct from the moneys transferred to the account under paragraph 41 or 42 or to apply such amount of the property referred to in paragraph 43 as is necessary to reimburse any reasonable expenses incurred by it in administering the moneys, investments or assurances of a relevant person who is uncontactable.

46. Any person entitled to the whole or any part of any amount or property which is held on trust in the account referred to in paragraph 41 or under paragraph 43 may apply to the university company to claim that amount or property, or part thereof.

47. Where an application has been made under paragraph 46 by a living relevant person, the CPF Board shall, at the request of the university company, open a CPF account for the relevant person.

48. Upon the opening of the CPF account referred to in paragraph 47, the university company shall —

(a)

where the relevant person is below 55 years of age transfer his ASPF moneys, ASPFAIS Investments or Part V Assurances to that CPF account; or

(b)

where the relevant person is 55 years of age or above, give the relevant person an option —

(i)

to have his ASPF moneys, ASPFAIS Investments or Part V Assurances transferred to the CPF account; or

(ii)

to have his ASPF moneys, ASPFAIS Investments or Part V Assurances transferred to him subject to the condition that he sets aside such amount of ASPF moneys in his CPF account for the purposes of section 15(6) of the Central Provident Fund Act (Cap. 36).Evidence of transfer of property, assets, rights and interests

49. The production of a Government Printer’s copy of this Act and of such evidence of publication of the dissolution date in the Gazette shall, for all purposes, be conclusive evidence of the transfer of the balance of the assets of the ASPF to the CPF Board and the vesting of the balance of the assets of the ASPF in the CPF Board in accordance with the provisions of this Schedule.