Singapore legislation
Clause 8
Clause 8
Effect of bankruptcy on benefits
(1)
No contribution by the Government made under the INVEST Plan and no interest thereon shall be subject to the debts of any member thereof, nor shall such contributions and interest pass to the Official Assignee on the bankruptcy of the member, and if the member is adjudicated a bankrupt or is declared insolvent by a court of law, such contributions and interest shall be deemed excluded from the property of the bankrupt for the purposes of the Bankruptcy Act (Cap. 20).
(2)
If, at the date of his retirement or resignation from the uniformed services, any member has been adjudged a bankrupt by judgment of a court of competent jurisdiction, whether in Singapore or elsewhere, and he has not obtained his discharge from such adjudication or declaration, it shall be lawful for an award officer to refuse to grant any pension, gratuity or other allowance which would, if not for this subsection, be granted.
(3)
If any person to whom a pension or other allowance has been granted under this Act is adjudicated a bankrupt by judgment of a court of competent jurisdiction, whether in Singapore or elsewhere, the Minister may direct that such pension or allowance shall forthwith cease, and thereupon such pension or allowance shall cease accordingly.
(4)
In any case where, by reason of bankruptcy of the former member, a pension, gratuity or allowance is not granted or where a pension or allowance ceases by virtue of a direction under subsection (3), it shall be lawful for the Minister, from time to time, during the remainder of the member’s or former member’s life, or during such shorter period or periods, either continuous or discontinuous, as the Minister thinks fit, to cause all or any part of the moneys to which such person would have been entitled by way of pension, gratuity or allowance, had he not become a bankrupt, to be paid to, or applied for the maintenance and personal support or benefit of, all or any (to the exclusion of the others) of the following persons in such proportions and manner as the Minister thinks proper:
the member or former member himself; and
any wife, child or children of his.
(5)
When a person to whom a pension or allowance has not been granted or whose pension or allowance has ceased under this section obtains a full and proper discharge from his bankruptcy, his pension or allowance shall be restored to him with effect from the date of such discharge.
(6)
For the purposes of subsection (4), moneys applied for the discharge of the debts of the member or former member, as the case may be, shall be regarded as applied for his benefit.