Singapore legislation
Section 27D
Section 27D
Order of court for transfer or sale of immovable property in relation to which undertaking has been given under section 15(10) or (10A)
(1)
Where —
a member of the Fund has withdrawn the amount referred to in section 15(6C)(a) which is deposited with an approved bank or retained in the member’s retirement account or any part of that amount, or has surrendered his or her approved annuity, under section 15(10) or (10A);
the member wholly owns, or the member and one or more other persons jointly own, an immovable property;
the member has given an undertaking under section 15(10), or the member and the other person or persons have given an undertaking under section 15(10) or (10A), as the case may be, to refund to the Board an amount equal to the member’s retirement sum or part thereof which is required to be set aside in the event the immovable property is sold or otherwise disposed of;
an order of court is made requiring the transfer (other than by way of sale) of the member’s estate or interest in the immovable property to his or her spouse; and
the spouse is a citizen or permanent resident of Singapore,then, subject to any regulations made under section 77(1), the following provisions apply:
if the order of court requires any person to pay to the Board any amount towards covering the deficiency in the member’s retirement sum, that person must pay to the Board that amount;
the member must pay to the Board a further amount sufficient to cover the deficiency in the member’s retirement sum, unless the amount paid under paragraph (f), if any, is sufficient to cover that deficiency;
if the immovable property is subsequently sold or otherwise disposed of, the spouse must pay to the Fund such amount as may be determined by the Board in accordance with any regulations made under section 77(1), and the Board must credit that amount to one or more designated accounts maintained, or to be maintained, for the spouse;
upon the transfer of the member’s estate or interest in the immovable property to the spouse, and upon payment in accordance with paragraph (f), if applicable, the Board must not enforce the undertaking under section 15(10) or (10A) against any person who has given that undertaking, insofar as it secures the refund to the Board of the member’s retirement sum or part thereof which is required to be set aside;
upon the transfer of the member’s estate or interest in the immovable property to the spouse —
in any case where the transfer occurs before 1 January 2013, the spouse must give an undertaking to pay to the Board, in the event the immovable property is sold or otherwise disposed of, the amount referred to in paragraph (h); or
in any case where the transfer occurs on or after 1 January 2013, a charge is constituted on the immovable property to secure the payment referred to in paragraph (h);
the Board must not enforce any undertaking under paragraph (j)(i) if there exist such circumstances as may be prescribed in any regulations made under section 77(1) for the purposes of this paragraph; and
sections 15(11F)(a) to (e) and 21(12) apply, with the necessary modifications, to the charge under paragraph (j)(ii), and for the purposes of such application —
any reference to the charge under section 15(11D) or (11E) is to be read as a reference to the charge under paragraph (j)(ii); and
any reference to the member is to be read as a reference to the spouse.
(2)
Except in a case to which subsection (1) applies, where —
a member of the Fund has withdrawn the amount referred to in section 15(6C)(a) which is deposited with an approved bank or retained in the member’s retirement account or any part of that amount, or has surrendered his or her approved annuity, under section 15(10) or (10A);
the member wholly owns, or the member and one or more other persons jointly own, an immovable property;
the member has given an undertaking under section 15(10), or the member and the other person or persons have given an undertaking under section 15(10) or (10A), as the case may be, to refund to the Board an amount equal to the member’s retirement sum or part thereof which is required to be set aside in the event the immovable property is sold or otherwise disposed of; and
an order of court is made requiring the transfer or sale of the member’s estate or interest in the immovable property to any person,the Board is entitled to enforce that undertaking against every person who has given that undertaking, insofar as it secures the refund to the Board of the member’s retirement sum or part thereof which is required to be set aside, until —
the member’s retirement sum or part thereof which is required to be set aside —
has been refunded to the Board; or
is no longer required by any regulations made under section 77(1) to be refunded to the Board; or
the Board is satisfied of the occurrence of any event prescribed in any regulations made under section 77(1) for the purposes of this paragraph,in which event the Board must not enforce that undertaking.