Singapore legislation

Clause 57

of Deposit Insurance and Policy Owners’ Protection Schemes Bill

Clause 57

Objects, functions and powers of Agency

(1)

Subject to the provisions of this Act, the objects of the Agency shall be —

(a)

to administer the DI Scheme and PPF Scheme in accordance with this Act;

(b)

to administer and manage the DI Fund, PPF Life Fund and PPF General Fund in accordance with this Act;

(c)

to administer and manage the insurance business of a failed PPF Scheme member; and

(d)

to take such steps as may be directed by the Minister or after consultation with the Authority, to contribute to the stability of the financial system.

(2)

Without prejudice to the generality of subsection (1), the functions of the Agency shall include the following:

(a)

collect premium contributions and levies payable by DI Scheme members and PPF Scheme members under this Act;

(b)

make payments of compensation in respect of insured deposits to insured depositors out of the DI Fund after the Agency has determined the eligibility and entitlement of the depositors;

(c)

make payments of compensation in respect of protected liabilities to insured policy owners and beneficiaries of insured policies covered under the PPF General Fund which provide third party benefits out of the PPF Life Fund and the PPF General Fund after the Agency has determined their eligibility and entitlement;

(d)

make interim payments of compensation out of the DI Fund to insured depositors of such amounts as the Agency considers appropriate;

(e)

make interim payments of compensation out of the PPF Life Fund and the PPF General Fund to insured policy owners and make interim payment of compensation out of the PPF General Fund to beneficiaries of insured policies which are covered under the PPF General Fund and provide third party benefits of such amounts as the Agency considers appropriate;

(f)

where the transfer of the whole or part of the insurance business from a failed PPF Scheme member to another PPF Scheme member is reasonably practicable, make payment out of the PPF Life Fund or the PPF General Fund to fund such transfer;

(g)

make payment out of the PPF Life Fund or the PPF General Fund to —

(i)

fund the run-off of the insurance business of the failed PPF Scheme member;

(ii)

set up a company to hold the insured policies of the failed PPF Scheme member; and

(iii)

outsource the administration of the insured policies of the failed PPF Scheme member to a third party;

(h)

carry on the run-off of the insurance business of the failed PPF Scheme member and to set up a company to hold the insured policies of the failed PPF Scheme member;

(i)

claim from the failed DI Scheme member for reimbursement of the amount of compensation paid to the insured depositors out of the DI Fund, together with any interest accrued thereon;

(j)

claim from the failed PPF Scheme member for reimbursement of the amount of compensation paid to the insured policy owners and beneficiaries of insured policies covered under the PPF General Fund which provide third party benefits out of the PPF Life Fund and the PPF General Fund, together with any interest accrued thereon;

(k)

claim payment from the liquidator or provisional liquidator of a failed DI Scheme member, out of the assets of the failed DI Scheme member, for reimbursement of the amount of compensation paid to the insured depositors out of the DI Fund, together with any interest accrued thereon;

(l)

claim payment from the liquidator or provisional liquidator of a failed PPF Scheme member, out of the assets of the failed PPF Scheme member, for reimbursement of the amount of compensation paid to the insured policy owners and beneficiaries of insured policies covered under the PPF General Fund which provide third party benefits out of the PPF Life Fund or the PPF General Fund, together with any interest accrued thereon;

(m)

educate the public on the DI Scheme and the PPF Scheme.

(3)

The Agency shall have the power to do anything for the purpose of fulfilling its objects and discharging its functions under this Act or any other written law, or which is incidental or conducive to the fulfilment of those objects and discharge of those functions.

(4)

Notwithstanding sections 9(4) and 34(5) and (6), the Agency may transfer to its account for the purpose of paying expenses of the Agency, moneys from the DI Fund, PPF Life Fund and PPF General Fund up to the amount approved under section 77 by the Minister as annual estimates and supplementary estimates of income and expenditure of the DI Fund, PPF Life Fund and PPF General Fund.

Clause 57 — Deposit Insurance and Policy Owners’ Protection Schemes Bill