Singapore legislation

Clause 5

of Children Development Co-Savings (Amendment) Bill

Clause 5

Amendment of section 9

Section 9 of the principal Act is amended —

(a)

by deleting the words “8 weeks” in subsections (1)(a)(ii) and (4)(a)(ii) and substituting in each case the words “12 weeks”;

(b)

by deleting the words “12 weeks” in subsections (1)(b), (1B)(i), (1D)(i), (1F)(i), (4)(b), (4A)(c)(i), (4B)(c)(i) and (4C)(d)(i) and substituting in each case the words “16 weeks”;

(c)

by deleting the words “24 days” in subsections (1)(c)(ii), (1B)(ii)(B) and (iii), (1D)(ii)(B) and (iii), (1F)(ii)(B) and (iii), (4)(c)(ii), (4A)(c)(ii)(B) and (iii), (4B)(c)(ii)(B) and (iii) and (4C)(d)(ii)(B) and (iii) and substituting in each case the words “48 days”;

(d)

by deleting the words “6 months” in subsections (1)(c)(ii), (1B)(ii)(B) and (iii), (1D)(ii)(B) and (iii), (1F)(ii)(B) and (iii), (4)(c)(ii), (4A)(c)(ii)(B) and (iii), (4B)(c)(ii)(B) and (iii) and (4C)(d)(ii)(B) and (iii) and substituting in each case the words “12 months”;

(e)

by deleting subsection (1A) and substituting the following subsection:“(1A) Subject to subsection (3A), section 9A and any regulations made under section 20, every female employee who —

(a)

delivers a child who is not a citizen of Singapore at the time of his birth;

(b)

satisfies the requirements of section 9A(1A); and

(c)

absents herself from work under section 76(1) of the Employment Act (Cap. 91),shall be entitled —

(i)

where section 76(1)(a) of that Act applies and the child is delivered during her first or second confinement —

(A)

if the child becomes a citizen of Singapore within the first 4 weeks of the period referred to in section 76(1)(a)(ii) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for the last 4 weeks of the period referred to in section 76(1)(a)(ii) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(a)(ii) of that Act;

(B)

if the child becomes a citizen of Singapore after the first 4 weeks of the period referred to in section 76(1)(a)(ii) of that Act but within that period —

(BA)to receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the period referred to in section 76(1)(a)(ii) of that Act; and

(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(a)(ii) of that Act; or

(C)

if the child becomes a citizen of Singapore within a period (referred to in this sub-paragraph as the relevant period) of 4 weeks commencing immediately after the period referred to in section 76(1)(a)(ii) of that Act ends, to absent herself from work and receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the relevant period;

(ii)

where section 76(1)(a) of that Act applies and the child is delivered during her third or subsequent confinement —

(A)

if the child becomes a citizen of Singapore within the period referred to in section 76(1)(a)(ii) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the period referred to in section 76(1)(a)(ii) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(a)(ii) of that Act; or

(B)

if the child becomes a citizen of Singapore within a period (referred to in this sub-paragraph as the relevant period) of 4 weeks commencing immediately after the period referred to in section 76(1)(a)(ii) of that Act ends, to absent herself from work and receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the relevant period;

(iii)

where section 76(1)(b) of that Act applies and the child is delivered during her first or second confinement —

(A)

if the child becomes a citizen of Singapore within the first 8 weeks of the period referred to in section 76(1)(b) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for the last 4 weeks of the period referred to in section 76(1)(b) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(b) of that Act;

(B)

if the child becomes a citizen of Singapore after the first 8 weeks of the period referred to in section 76(1)(b) of that Act but within that period —

(BA)to receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the period referred to in section 76(1)(b) of that Act; and

(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(b) of that Act; or

(C)

if the child becomes a citizen of Singapore within a period (referred to in this sub-paragraph as the relevant period) of 4 weeks commencing immediately after the period referred to in section 76(1)(b) of that Act ends, to absent herself from work and receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the relevant period;

(iv)

where section 76(1)(b) of that Act applies and the child is delivered during her third or subsequent confinement —

(A)

if the child becomes a citizen of Singapore within the period referred to in section 76(1)(b) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the period referred to in section 76(1)(b) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(b) of that Act; or

(B)

if the child becomes a citizen of Singapore within a period (referred to in this sub-paragraph as the relevant period) of 4 weeks commencing immediately after the period referred to in section 76(1)(b) of that Act ends, to absent herself from work and receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the relevant period;

(v)

where section 76(1)(c) of that Act applies and the child is delivered during her first or second confinement —

(A)

if the child becomes a citizen of Singapore within the period of 8 weeks referred to in section 76(1)(c)(i) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for every period referred to in section 76(1)(c)(ii) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more further periods, not exceeding 24 days in the aggregate, as agreed to by her and her employer, which shall be within the period of 12 months commencing on the day of her confinement; or

(B)

if the child becomes a citizen of Singapore after the period of 8 weeks referred to in section 76(1)(c)(i) of that Act —

(BA)to receive payment from her employer at her gross rate of pay for every period referred to in section 76(1)(c)(ii) of that Act commencing on or after the day the child becomes a citizen of Singapore; and

(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more further periods (each commencing on or after the day the child becomes a citizen of Singapore), not exceeding 24 days in the aggregate, as agreed to by her and her employer, which shall be within the period of 12 months commencing on the day of her confinement; or

(vi)

where section 76(1)(c) of that Act applies and the child is delivered during her third or subsequent confinement —

(A)

if the child becomes a citizen of Singapore within the period of 8 weeks referred to in section 76(1)(c)(i) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for the period commencing on the day the child becomes a citizen of Singapore and ending on the last day of the period referred to in section 76(1)(c)(i) of that Act, and for every period referred to in section 76(1)(c)(ii) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more further periods, not exceeding 24 days in the aggregate, as agreed to by her and her employer, which shall be within the period of 12 months commencing on the day of her confinement; or

(B)

if the child becomes a citizen of Singapore after the period of 8 weeks referred to in section 76(1)(c)(i) of that Act —

(BA)to receive payment from her employer at her gross rate of pay for every period referred to in section 76(1)(c)(ii) of that Act commencing on or after the day the child becomes a citizen of Singapore; and

(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more further periods (each commencing on or after the day the child becomes a citizen of Singapore), not exceeding 24 days in the aggregate, as agreed to by her and her employer, which shall be within the period of 12 months commencing on the day of her confinement.”;

(f)

by deleting subsection (1C) and substituting the following subsection:“(1C) Subject to subsection (3A), section 9A and any regulations made under section 20, every female employee who —

(a)

delivers a child but is not lawfully married to the child’s natural father at the time the child is conceived or at any time after the child is conceived but before the child’s birth;

(b)

satisfies the requirements of section 9A(1B); and

(c)

absents herself from work under section 76(1) of the Employment Act (Cap. 91),shall be entitled —

(i)

where section 76(1)(a) of that Act applies and the child is delivered during her first or second confinement —

(A)

if she becomes lawfully married to the child’s natural father within the first 4 weeks of the period referred to in section 76(1)(a)(ii) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for the last 4 weeks of the period referred to in section 76(1)(a)(ii) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(a)(ii) of that Act;

(B)

if she becomes lawfully married to the child’s natural father after the first 4 weeks of the period referred to in section 76(1)(a)(ii) of that Act but within that period —

(BA)to receive payment from her employer at her gross rate of pay for the period commencing on the day she becomes lawfully married to the child’s natural father and ending on the last day of the period referred to in section 76(1)(a)(ii) of that Act; and

(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(a)(ii) of that Act; or

(C)

if she becomes lawfully married to the child’s natural father within a period (referred to in this sub-paragraph as the relevant period) of 4 weeks commencing immediately after the period referred to in section 76(1)(a)(ii) of that Act ends, to absent herself from work and receive payment from her employer at her gross rate of pay for the period commencing on the day she becomes lawfully married to the child’s natural father and ending on the last day of the relevant period;

(ii)

where section 76(1)(a) of that Act applies and the child is delivered during her third or subsequent confinement —

(A)

if she becomes lawfully married to the child’s natural father within the period referred to in section 76(1)(a)(ii) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for the period commencing on the day she becomes lawfully married to the child’s natural father and ending on the last day of the period referred to in section 76(1)(a)(ii) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(a)(ii) of that Act; or

(B)

if she becomes lawfully married to the child’s natural father within a period (referred to in this sub-paragraph as the relevant period) of 4 weeks commencing immediately after the period referred to in section 76(1)(a)(ii) of that Act ends, to absent herself from work and receive payment from her employer at her gross rate of pay for the period commencing on the day she becomes lawfully married to the child’s natural father and ending on the last day of the relevant period;

(iii)

where section 76(1)(b) of that Act applies and the child is delivered during her first or second confinement —

(A)

if she becomes lawfully married to the child’s natural father within the first 8 weeks of the period referred to in section 76(1)(b) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for the last 4 weeks of the period referred to in section 76(1)(b) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(b) of that Act;

(B)

if she becomes lawfully married to the child’s natural father after the first 8 weeks of the period referred to in section 76(1)(b) of that Act but within that period —

(BA)to receive payment from her employer at her gross rate of pay for the period commencing on the day she becomes lawfully married to the child’s natural father and ending on the last day of the period referred to in section 76(1)(b) of that Act; and

(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(b) of that Act; or

(C)

if she becomes lawfully married to the child’s natural father within a period (referred to in this sub-paragraph as the relevant period) of 4 weeks commencing immediately after the period referred to in section 76(1)(b) of that Act ends, to absent herself from work and receive payment from her employer at her gross rate of pay for the period commencing on the day she becomes lawfully married to the child’s natural father and ending on the last day of the relevant period;

(iv)

where section 76(1)(b) of that Act applies and the child is delivered during her third or subsequent confinement —

(A)

if she becomes lawfully married to the child’s natural father within the period referred to in section 76(1)(b) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for the period commencing on the day she becomes lawfully married to the child’s natural father and ending on the last day of the period referred to in section 76(1)(b) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(b) of that Act; or

(B)

if she becomes lawfully married to the child’s natural father within a period (referred to in this sub-paragraph as the relevant period) of 4 weeks commencing immediately after the period referred to in section 76(1)(b) of that Act ends, to absent herself from work and receive payment from her employer at her gross rate of pay for the period commencing on the day she becomes lawfully married to the child’s natural father and ending on the last day of the relevant period;

(v)

where section 76(1)(c) of that Act applies and the child is delivered during her first or second confinement —

(A)

if she becomes lawfully married to the child’s natural father within the period of 8 weeks referred to in section 76(1)(c)(i) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for every period referred to in section 76(1)(c)(ii) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more further periods, not exceeding 24 days in the aggregate, as agreed to by her and her employer, which shall be within the period of 12 months commencing on the day of her confinement; or

(B)

if she becomes lawfully married to the child’s natural father after the period of 8 weeks referred to in section 76(1)(c)(i) of that Act —

(BA)to receive payment from her employer at her gross rate of pay for every period referred to in section 76(1)(c)(ii) of that Act commencing on or after the day she becomes lawfully married to the child’s natural father; and

(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more further periods (each commencing on or after the day she becomes lawfully married to the child’s natural father), not exceeding 24 days in the aggregate, as agreed to by her and her employer, which shall be within the period of 12 months commencing on the day of her confinement; or

(vi)

where section 76(1)(c) of that Act applies and the child is delivered during her third or subsequent confinement —

(A)

if she becomes lawfully married to the child’s natural father within the period of 8 weeks referred to in section 76(1)(c)(i) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for the period commencing on the day she becomes lawfully married to the child’s natural father and ending on the last day of the period referred to in section 76(1)(c)(i) of that Act, and for every period referred to in section 76(1)(c)(ii) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more further periods, not exceeding 24 days in the aggregate, as agreed to by her and her employer, which shall be within the period of 12 months commencing on the day of her confinement; or

(B)

if she becomes lawfully married to the child’s natural father after the period of 8 weeks referred to in section 76(1)(c)(i) of that Act —

(BA)to receive payment from her employer at her gross rate of pay for every period referred to in section 76(1)(c)(ii) of that Act commencing on or after the day she becomes lawfully married to the child’s natural father; and

(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more further periods (each commencing on or after the day she becomes lawfully married to the child’s natural father), not exceeding 24 days in the aggregate, as agreed to by her and her employer, which shall be within the period of 12 months commencing on the day of her confinement.”;

(g)

by deleting subsection (1E) and substituting the following subsection:“(1E) Subject to subsection (3A), section 9A and any regulations made under section 20, every female employee who —

(a)

delivers a child who is not a citizen of Singapore at the time of his birth;

(b)

is not lawfully married to the child’s natural father at the time the child is conceived or at any time after the child is conceived but before the child’s birth;

(c)

satisfies the requirements of section 9A(1C); and

(d)

absents herself from work under section 76(1) of the Employment Act (Cap. 91),shall be entitled —

(i)

where section 76(1)(a) of that Act applies and the child is delivered during her first or second confinement —

(A)

if the relevant event occurs within the first 4 weeks of the period referred to in section 76(1)(a)(ii) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for the last 4 weeks of the period referred to in section 76(1)(a)(ii) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(a)(ii) of that Act;

(B)

if the relevant event occurs after the first 4 weeks of the period referred to in section 76(1)(a)(ii) of that Act but within that period —

(BA)to receive payment from her employer at her gross rate of pay for the period commencing on the day the relevant event occurs and ending on the last day of the period referred to in section 76(1)(a)(ii) of that Act; and

(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(a)(ii) of that Act; or

(C)

if the relevant event occurs within a period (referred to in this sub-paragraph as the relevant period) of 4 weeks commencing immediately after the period referred to in section 76(1)(a)(ii) of that Act ends, to absent herself from work and receive payment from her employer at her gross rate of pay for the period commencing on the day the relevant event occurs and ending on the last day of the relevant period;

(ii)

where section 76(1)(a) of that Act applies and the child is delivered during her third or subsequent confinement —

(A)

if the relevant event occurs within the period referred to in section 76(1)(a)(ii) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for the period commencing on the day the relevant event occurs and ending on the last day of the period referred to in section 76(1)(a)(ii) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(a)(ii) of that Act; or

(B)

if the relevant event occurs within a period (referred to in this sub-paragraph as the relevant period) of 4 weeks commencing immediately after the period referred to in section 76(1)(a)(ii) of that Act ends, to absent herself from work and receive payment from her employer at her gross rate of pay for the period commencing on the day the relevant event occurs and ending on the last day of the relevant period;

(iii)

where section 76(1)(b) of that Act applies and the child is delivered during her first or second confinement —

(A)

if the relevant event occurs within the first 8 weeks of the period referred to in section 76(1)(b) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for the last 4 weeks of the period referred to in section 76(1)(b) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(b) of that Act;

(B)

if the relevant event occurs after the first 8 weeks of the period referred to in section 76(1)(b) of that Act but within that period —

(BA)to receive payment from her employer at her gross rate of pay for the period commencing on the day the relevant event occurs and ending on the last day of the period referred to in section 76(1)(b) of that Act; and

(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(b) of that Act; or

(C)

if the relevant event occurs within a period (referred to in this sub-paragraph as the relevant period) of 4 weeks commencing immediately after the period referred to in section 76(1)(b) of that Act ends, to absent herself from work and receive payment from her employer at her gross rate of pay for the period commencing on the day the relevant event occurs and ending on the last day of the relevant period;

(iv)

where section 76(1)(b) of that Act applies and the child is delivered during her third or subsequent confinement —

(A)

if the relevant event occurs within the period referred to in section 76(1)(b) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for the period commencing on the day the relevant event occurs and ending on the last day of the period referred to in section 76(1)(b) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for a further period of 4 weeks commencing immediately after the end of the period referred to in section 76(1)(b) of that Act; or

(B)

if the relevant event occurs within a period (referred to in this sub-paragraph as the relevant period) of 4 weeks commencing immediately after the period referred to in section 76(1)(b) of that Act ends, to absent herself from work and receive payment from her employer at her gross rate of pay for the period commencing on the day the relevant event occurs and ending on the last day of the relevant period;

(v)

where section 76(1)(c) of that Act applies and the child is delivered during her first or second confinement —

(A)

if the relevant event occurs within the period of 8 weeks referred to in section 76(1)(c)(i) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for every period referred to in section 76(1)(c)(ii) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more further periods, not exceeding 24 days in the aggregate, as agreed to by her and her employer, which shall be within the period of 12 months commencing on the day of her confinement; or

(B)

if the relevant event occurs after the period of 8 weeks referred to in section 76(1)(c)(i) of that Act —

(BA)to receive payment from her employer at her gross rate of pay for every period referred to in section 76(1)(c)(ii) of that Act commencing on or after the day the relevant event occurs; and

(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more further periods (each commencing on or after the day the relevant event occurs), not exceeding 24 days in the aggregate, as agreed to by her and her employer, which shall be within the period of 12 months commencing on the day of her confinement; or

(vi)

where section 76(1)(c) of that Act applies and the child is delivered during her third or subsequent confinement —

(A)

if the relevant event occurs within the period of 8 weeks referred to in section 76(1)(c)(i) of that Act —

(AA)to receive payment from her employer at her gross rate of pay for the period commencing on the day the relevant event occurs and ending on the last day of the period referred to in section 76(1)(c)(i) of that Act, and for every period referred to in section 76(1)(c)(ii) of that Act; and

(AB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more further periods, not exceeding 24 days in the aggregate, as agreed to by her and her employer, which shall be within the period of 12 months commencing on the day of her confinement; or

(B)

if the relevant event occurs after the period of 8 weeks referred to in section 76(1)(c)(i) of that Act —

(BA)to receive payment from her employer at her gross rate of pay for every period referred to in section 76(1)(c)(ii) of that Act commencing on or after the day the relevant event occurs; and

(BB)to absent herself from work and receive payment from her employer at her gross rate of pay for one or more further periods (each commencing on or after the day the relevant event occurs), not exceeding 24 days in the aggregate, as agreed to by her and her employer, which shall be within the period of 12 months commencing on the day of her confinement.”;

(h)

by deleting the words “subsection (1)(c)(ii), (1B)(ii)(B) or (iii), (1D)(ii)(B) or (iii) or (1F)(ii)(B) or (iii)” in subsection (3) and substituting the words “subsection (1)(c)(ii), (1A)(v)(A)(AB) or (B)(BB) or (vi)(A)(AB) or (B)(BB), (1B)(ii)(B) or (iii), (1C)(v)(A)(AB) or (B)(BB) or (vi)(A)(AB) or (B)(BB), (1D)(ii)(B) or (iii), (1E)(v)(A)(AB) or (B)(BB) or (vi)(A)(AB) or (B)(BB) or (1F)(ii)(B) or (iii)”;

(i)

by deleting the words “under subsection (1A)(v) or (vi)(A)(AB) or (B), (1C)(v) or (vi)(A)(AB) or (B) or (1E)(v) or (vi)(A)(AB) or (B)” in subsection (3A) and substituting the words “for that period under subsection (1A)(v)(A)(AA) or (B)(BA) or (vi)(A)(AA) or (B)(BA), (1C)(v)(A)(AA) or (B)(BA) or (vi)(A)(AA) or (B)(BA) or (1E)(v)(A)(AA) or (B)(BA) or (vi)(A)(AA) or (B)(BA)”;

(j)

by deleting the words “4 weeks” in subsection (5)(a)(ii)(A) and substituting the words “8 weeks”; and

(k)

by deleting the word “fourth” in subsection (5)(b) and substituting the word “subsequent”.