Act of Parliament · 2020 Revised Edition
Pensions Act 1956
Feedback & supportPensions, gratuities and allowances for public service officersOfficial textFrom Singapore Statutes Online, unchanged
s 1Short title
This Act is the Pensions Act 1956.
s 2Interpretation
In this Act, unless the context otherwise requires —“officer” includes a judge and a police officer of any rank;“officer on the pensionable establishment” means an officer who has been confirmed in his or her appointment as the holder of a pensionable office;“other public service” means public service not under the Government of Singapore;“Pension Authority”, in relation to any officer or retired officer, means a Pension Authority appointed under section 4 for that officer or the class to which that officer belongs;“Pension Fund” means the Pension Fund established by the Pension Fund Act 1995;“pensionable emoluments” means —
in respect of public service in Singapore —
the basic salary attached to a pensionable office or, in the case of an officer serving in a pensionable class, the basic salary payable to that officer as an officer of that class;
any personal pensionable allowance; and
such other allowances as may be prescribed by regulations to be pensionable allowances; and
in respect of other public service, emoluments which count for pension under any law or regulation in force relating to such service;“pensionable office” means —
in respect of public service in Singapore, an office or class of office declared by the President, by notification in the Gazette, to be pensionable and not likewise declared, by subsequent notification in the Gazette, to be non‑pensionable; but where by virtue of any such declaration any office ceases to be a pensionable office, then so long as any person holding that office at the time of the declaration continues therein, the office, as respects that person, continues to be a pensionable office; and
in respect of other public service, an office which is a pensionable office under any law or regulation in force relating to such service;“public service” means service in a civil capacity under the Government of Singapore or in such other service as the President may determine to be public service for the purpose of any provision of this Act;“repealed Ordinance” means any Ordinance repealed by section 21;“Singapore” means —
in relation to any period ending before 3 June 1959 — the Colony of Singapore; and
in relation to any period beginning on or after 3 June 1959 and ending before 9 August 1965 — the State of Singapore.
“officer” includes a judge and a police officer of any rank;
“officer on the pensionable establishment” means an officer who has been confirmed in his or her appointment as the holder of a pensionable office;
“other public service” means public service not under the Government of Singapore;
“Pension Authority”, in relation to any officer or retired officer, means a Pension Authority appointed under section 4 for that officer or the class to which that officer belongs;
“Pension Fund” means the Pension Fund established by the Pension Fund Act 1995;
“pensionable emoluments” means —
in respect of public service in Singapore —
the basic salary attached to a pensionable office or, in the case of an officer serving in a pensionable class, the basic salary payable to that officer as an officer of that class;
any personal pensionable allowance; and
such other allowances as may be prescribed by regulations to be pensionable allowances; and
in respect of other public service, emoluments which count for pension under any law or regulation in force relating to such service;
“pensionable office” means —
in respect of public service in Singapore, an office or class of office declared by the President, by notification in the Gazette, to be pensionable and not likewise declared, by subsequent notification in the Gazette, to be non‑pensionable; but where by virtue of any such declaration any office ceases to be a pensionable office, then so long as any person holding that office at the time of the declaration continues therein, the office, as respects that person, continues to be a pensionable office; and
in respect of other public service, an office which is a pensionable office under any law or regulation in force relating to such service;
“public service” means service in a civil capacity under the Government of Singapore or in such other service as the President may determine to be public service for the purpose of any provision of this Act;
“repealed Ordinance” means any Ordinance repealed by section 21;
“Singapore” means —
in relation to any period ending before 3 June 1959 — the Colony of Singapore; and
in relation to any period beginning on or after 3 June 1959 and ending before 9 August 1965 — the State of Singapore.
Subject to subsections (2) and (4), the provisions of this Act shall apply —
to all officers appointed to the public service in Singapore; and
to all officers who have been transferred from Singapore to any other public service before 1 July 1956.
Nothing in this Act diminishes the amount of pension, gratuity (other than a gratuity under section 20) or other allowance for which an officer in the public service in Singapore on 1 July 1956 would have been eligible had this Act not been enacted or adversely affect the conditions which would have been applicable to such pension, gratuity or other allowance.
In the application of this Act to officers who were officers on the Malayan Establishment within the meaning of section 2 of the Malayan Establishment Pensions Ordinance 1948 (M 12/48) immediately before 1 July 1954, the following provisions have effect:
where any such officer was in the public service in Singapore immediately before 1 July 1954, all rights accrued to such officer in respect of pensions, gratuities or other allowances under the Malayan Establishment Pensions Ordinance 1948 or the Minutes made thereunder continue to subsist under this Act as if service in respect of which those rights accrued had been public service in Singapore; and
nothing in this Act —
diminishes the amount of pension, gratuity or other allowance for which any such officer as is referred to in paragraph (a) would have been eligible under the Malayan Establishment Pensions Ordinance 1948 or the Minutes made thereunder had the Ordinance not been repealed and had the officer continued to serve on the Malayan Establishment; or
adversely affects conditions that would have been applicable to such pension, gratuity or other allowances under that Ordinance or Minutes.
Unless otherwise expressly provided, the provisions of this Act shall not apply —
to all officers appointed on or after 1 April 1986 to the public service in Singapore, except officers who are appointed to such schemes of service as may be designated by the President; and
to all officers appointed on or after 1 December 1972 to any office in the public service in Singapore being an office designated as falling within Division 3 or 4, except officers who are so appointed to the Police (Junior) and the Narcotics schemes of service.
The President may, for the purposes of this Act, appoint by order in the Gazette one or more Pension Authorities comprising any public officer or group of public officers.
Any order under subsection (1) shall specify the class or classes of public officers in respect of which a Pension Authority may exercise its powers or perform its functions under this Act.
A Pension Authority may depute any public officer to exercise or perform on its behalf any power or function conferred on the Pension Authority by this Act subject to such conditions as may be specified by the Pension Authority.
A Pension Authority may exercise any power or perform any function conferred on it by this Act notwithstanding the delegation by it of that power or function under subsection (3).
Subject to subsection (2), the President may depute any Pension Authority to exercise or perform on the President’s behalf any power or function conferred on the President by this Act subject to such conditions as may be specified by the President.
Nothing in subsection (1) authorises the President to depute any Pension Authority to exercise on the President’s behalf any of the following powers:
to make regulations under this Act;
to declare any office or class of office to be pensionable or non‑pensionable (as the case may be) under section 2;
to determine any service to be public service for the purpose of any provision of this Act;
to vary the commutation factor or discount rate under section 20;
to designate schemes of service under section 3(4)(a).
Where by virtue of subsection (1) any power or function of the President under this Act may be exercised or performed on the President’s behalf by a Pension Authority, then, unless the President otherwise directs, the Pension Authority may arrange for the exercise or performance of that power or function by any other public officer.
Any arrangement made by a Pension Authority under subsection (3) for the exercise or performance of any power or function by a public officer does not prevent the Pension Authority by whom the arrangement was made from exercising or performing that power or function.
The President may also exercise any power or perform any function conferred on the President by this Act despite the delegation by the President of that power or function under subsection (1).
The President may make regulations for the granting of pensions, gratuities and other allowances to persons who have been in the public service in Singapore or to their legal personal representatives or dependants.
The regulations contained in the First Schedule are in force until varied or revoked by any regulation made under subsection (1).
The President may, in making regulations under this section, provide for any officer or class of officers holding pensionable offices to opt for the provident fund scheme applicable to non‑pensionable employees of the Government under the Central Provident Fund Act 1953 and for the terms and conditions of such option.
Any pension or gratuity granted under this Act must be computed in accordance with the provisions in force at the actual date of an officer’s retirement.
Where the President is satisfied that it is equitable that any regulation made under this Act should have retrospective effect in order to confer a benefit upon, or remove a disability attaching to, any person, that regulation may be given retrospective effect to any date, whether before or after 1 July 1956, for that purpose.
All regulations made under this section and any regulation varying or revoking the same have the same force and effect for all purposes as if they were contained in this Act.
Regulations made under this section may provide that —
where a person has rendered full-time national service under section 12 of the Enlistment Act 1970, or under the provisions of any written law repealed by that Act (whether the service was rendered before or after the person became the holder of a pensionable office), the period of the person’s entire full-time national service may be treated, to such extent and on any conditions that may be specified in the regulations, as pensionable service;
the service referred to in paragraph (a) be deemed to be public service; and
the person referred to in paragraph (a) be deemed to have been or to have continued to be (as the case may be) an officer in the public service for the period of that full‑time national service for the purposes of this Act.
s 7Pensions, etc., to be charged on Pension Fund
There shall be charged on and paid out of the Pension Fund all such sums of money as may from time to time be granted by way of pension, gratuity or other allowance in accordance with this Act.
No officer shall have an absolute right to compensation for past services or to any pension, gratuity or other allowance under this Act, nor shall anything in this Act limit the right of the Government to dismiss any officer without compensation.
Subject to Article 113 of the Constitution, where it is established to the satisfaction of a Pension Authority that an officer over which it has jurisdiction has been guilty of negligence, irregularity or misconduct, it is lawful for the Pension Authority to withhold the pension, gratuity or other allowance for which the officer would have become eligible but for this section.
s 9Service not counting for pension, etc.
A pension, gratuity or other allowance must not be granted under this Act to any officer —
in respect of any service while on probation or agreement, unless without break of service he or she is confirmed in a pensionable office in Singapore or in an office in other public service which is at the time of confirmation pensionable in accordance with any law or regulation in force in such service, except that any interruption in service caused by temporary suspension of employment not arising from misconduct or voluntary resignation must be disregarded for the purposes of this paragraph;
in respect of any service as a pupil, apprentice or volunteer, during which he or she is undergoing whole time training and for which he or she is not remunerated or receives only a subsistence allowance or a special apprentice pay and the President may, by notification in the Gazette, declare what service is to be service as a pupil, apprentice or volunteer for the purposes of this paragraph;
in respect of any service, while below the age of 18 years, except that this paragraph does not apply to any officer or other person in the public service in Singapore on 1 July 1956 to whom, under any repealed Ordinance, a pension, gratuity or other allowance may be granted in respect of service while below the age of 18 years; or
in respect of any service, including service deemed under any written law for the time being in force to be service with the Government for the purposes of this Act, during which the officer was —
a member of any fund mentioned in the Second Schedule, except upon the condition that there must be first paid to the Government the total amount paid by the Government to that fund excluding the amount paid on account of the officer if he or she is on the pensionable establishment with respect to the service or an equivalent amount if he or she is not on the pensionable establishment with respect to such service, together with the interest, if any, thereon; or
eligible for any benefits on retirement under the Singapore City Council Superannuation Fund for Subordinate Employees Rules 1954 except upon the condition that he or she has to first relinquish all rights to the benefits under those Rules.
s 10Payment into Pension Fund
Any amount that is required under section 9(d)(i) to be first paid to the Government before any pension, gratuity or other allowance may be granted under this Act must be paid into the Pension Fund.