Singapore legislation

Clause 8

of Central Provident Fund (Amendment) Bill

Clause 8

Amendment of section 22

Section 22 of the principal Act is amended —

(a)

by deleting the words “at an approved tertiary institution” in subsection (1) and substituting the words “conducted, or to be conducted, in whole or in part at an approved educational institution, including any such course of study leading to a qualification conferred by another educational institution”;

(b)

by deleting the words “shall be deemed to be a debt due to the Board and may be sued for by the Board in any court” in subsection (5) and substituting the words “may be sued for and recovered by the Board under section 65”;

(c)

by inserting, immediately after subsection (5), the following subsections:“(5A) The Board may refuse to permit a withdrawal under subsection (1) for a payment to an approved educational institution, if the approved educational institution fails to —

(a)

provide such information, evidence and documents relevant to the payment as the Board may reasonably require from the approved educational institution; or

(b)

comply with such administrative or operational requirements as the Board may reasonably impose under an arrangement between the Board and the approved educational institution.(5B) Without prejudice to subsections (3), (4) and (5), where any sum standing to the credit of a member in the Fund has been withdrawn and paid to an approved educational institution in error —

(a)

the approved educational institution shall repay to the Board, to the account of the member in the Fund, that sum, together with the whole or such part, as the Board may determine, of the interest that would have been payable thereon;

(b)

the approved educational institution shall, if it caused or contributed to the error —

(i)

reimburse the Board for all reasonable expenses incurred by the Board in rectifying the error; and

(ii)

indemnify the Board against any liability (whether to the member or to any other person) incurred by the Board in connection with the withdrawal or payment;

(c)

any sum not repaid to the Board under paragraph (a) may be sued for and recovered by the Board under section 65; and

(d)

any sum not paid to the Board under paragraph (b) may be sued for and recovered by the Board as a debt due to the Board.”;

(d)

by deleting the definition of “approved tertiary institution” in subsection (6) and substituting the following definitions:“ “approved educational institution” means any educational institution in Singapore approved by the Minister for the purposes of subsection (1);“course of study” means any course of study which is of a type prescribed by the Minister for the purposes of subsection (1);”; and

(e)

by deleting the word “tertiary” in the section heading and substituting the word “educational”.