Singapore legislation
Regulation 36
of Singapore Armed Forces (Military Domain Experts Service) Regulations 2010
Regulation 36
Preserved benefits for servicemen on SAVER Plan
Subregulation 1
This regulation applies to a serviceman who is a member of the SAVER Plan and who exercises an option to be transferred to the military domain experts service, and who is not subsequently transferred to another uniformed service.
Subregulation 2
All contributions to the serviceman’s CPF Top‑Up Account, Retirement Account and Savings Account under regulation 13(1)(a), (b) and (c), respectively, or SAVER Account under regulation 17AA(1)(a), of the Singapore Armed Forces (SAVER Plan) Regulations (as the case may be) must cease with effect from the date of his transfer to the military domain experts service.
Subregulation 3
The Board may, during any financial year, cause to be credited, to the serviceman’s accounts in the SAVER-Premium Fund, a dividend out of the net income (as defined in regulation 2 of the Singapore Armed Forces (SAVER‑Premium Fund) Regulations) and net unrealised profits of the SAVER-Premium Fund for that financial year.
Subregulation 4
Where the serviceman retires or is required to retire from the Singapore Armed Forces on any ground specified in regulation 11(1), resigns from the Singapore Armed Forces or dies in regular service, the following sums shall vest in him and may be awarded in respect of him:
such portion of the money standing to his credit in his Savings Account (if any) as is prescribed in the Third Schedule in relation to his length of reckonable service at the date of his retirement, resignation or death, as the case may be; and
such portion of the money standing to his credit in his Retirement Account or SAVER Account (as the case may be) as is prescribed in the Fourth Schedule in relation to his age at the date of his retirement, resignation or death, as the case may be.
Subregulation 5
Notwithstanding paragraph (4) —
where the serviceman retires from the Singapore Armed Forces on the ground specified in regulation 11(1)(b) or (d), the sum vested in the serviceman under paragraph (4) may be reduced to the extent determined by the Armed Forces Council; and
where the serviceman retires from the Singapore Armed Forces on the ground specified in regulation 11(1)(c), (e), (g) or (h), the sum vested in the serviceman under paragraph (4) may be increased to the extent and paid in such manner as determined by the Armed Forces Council.
Subregulation 6
Notwithstanding paragraph (4), where the serviceman retires from the Singapore Armed Forces on any ground specified in regulation 11(1)(a) to (g), no sum in his Retirement Account or SAVER Account (as the case may be) shall vest in him unless he has completed not less than 11 years of reckonable service.
Subregulation 7
The Board may authorise the payment to the serviceman, or any other person eligible under regulation 38, of the sums vested in the serviceman in accordance with paragraphs (4), (5) and (6).
Subregulation 8
Subject to paragraph (7), the sums vested in the serviceman shall not be withdrawn unless he —
retires or is required to retire from the Singapore Armed Forces on any of the grounds specified in regulation 11(1);
resigns from the Singapore Armed Forces; or
dies in regular service.
Subregulation 9
The Armed Forces Council may, on the application of the serviceman, authorise the serviceman to withdraw in advance, an advance sum (or any part of that sum) from his Retirement Account or SAVER Account (as the case may be) or Savings Account (if any) or both, while he is still in the regular service of the Singapore Armed Forces.
Subregulation 9A
For the purposes of paragraph (9), the advance sum is the sum that would have vested in the member under paragraph (4), and for this purpose the reference to the date of a serviceman’s retirement, resignation or death in sub‑paragraphs (a) and (b) of that paragraph is a reference to the date of the authorisation in paragraph (9).
Subregulation 10
The Armed Forces Council may, in authorising the serviceman to withdraw an advance sum under paragraph (9), impose such conditions as it thinks fit, including the interest payable on recovery or refund under paragraph (11) or (12) of the sum so withdrawn.
Subregulation 11
Without prejudice to paragraph (10), it shall be a condition of every authorisation under paragraph (9) for the serviceman to withdraw an advance sum (or any part of that sum) that the Armed Forces Council can recover all or part of the advance sum so withdrawn (together with interest), if it is shown that the authorisation was obtained by wilful suppression of material facts or in ignorance of facts which, had they been known before the serviceman retired or resigned or was dismissed or before the granting of such authorisation, would have justified —
his discharge on any ground specified in regulation 17 or 18 of the Enlistment Regulations 1970; or
his conviction of any offence by a subordinate military court or the Military Court of Appeal on appeal or by any civil court.
Subregulation 12
Where the serviceman is authorised under paragraph (9) to withdraw an advance sum (or any part of that sum), and he is subsequently to be —
discharged on any ground specified in regulation 17 or 18 of the Enlistment Regulations 1970;
discharged with ignominy; or
dismissed as a result of the sentence of a subordinate military court or the Military Court of Appeal or a sentence substituted by the Armed Forces Council,the serviceman may be required by the Armed Forces Council to first refund all or part of the advance sum so withdrawn together with interest.
Subregulation 13
Any sum that is recoverable under paragraph (11) or is to be refunded under paragraph (12), together with the interest thereon, shall be recoverable as a debt due to the Government and may be off-set against any other sum payable by the Government to the serviceman under these Regulations.
Subregulation 14
Notwithstanding paragraph (4), where the serviceman is —
discharged on any ground specified in regulation 17 or 18 of the Enlistment Regulations 1970;
discharged with ignominy; or
dismissed as a result of the sentence of a subordinate military court or the Military Court of Appeal or a sentence substituted by the Armed Forces Council,the Armed Forces Council may forfeit all or any of the sums vested in the serviceman under that paragraph if the serviceman had, on the date of his discharge or dismissal, retired from the Singapore Armed Forces on any ground specified in regulation 11(1).
Subregulation 15
Where the serviceman —
retires or is required to retire from the Singapore Armed Forces on any ground specified in regulation 11(1);
resigns from the Singapore Armed Forces;
dies in regular service; or
is discharged or dismissed in any circumstances specified in paragraph (14),his Retirement Account or SAVER Account (as the case may be) and Savings Account (if any) shall be closed with effect from the date of his retirement, resignation, death, discharge or dismissal, as the case may be.
Subregulation 16
The Board shall credit to the Forfeiture Account of the SAVER-Premium Fund any balance of the moneys in the serviceman’s Retirement Account, SAVER Account and Savings Account which have been closed under paragraph (15) after the sums allowed to be withdrawn under this regulation have been paid.
Subregulation 17
The Board shall transfer the money standing to the credit of the serviceman in his CPF Top-Up Account (if any) to the Central Provident Fund Board, to the credit of his account in the Central Provident Fund, and his CPF Top-Up Account shall be closed, when any of the following occurs:
he retires or is required to retire from the Singapore Armed Forces on any ground specified in regulation 11(1);
he resigns from the Singapore Armed Forces;
he dies in regular service;
he is discharged or dismissed in any circumstances specified in paragraph (14); or
if there is no money standing to his credit in his Retirement Account, he has completed 10 years of reckonable service.
Subregulation 18
Where the total amount standing to the credit of the serviceman in his account in the Central Provident Fund after the transfer of the money under paragraph (17) is less than the retirement sum referred to in section 15(6)(a) of the Central Provident Fund Act 1953, the deficiency in his account in the Central Provident Fund shall be met out of the vested sum in his Retirement Account or SAVER Account (as the case may be) in the SAVER-Premium Fund.
Subregulation 19
The serviceman may be granted post-retirement benefits based on the medical schemes applicable to him at the time of his retirement on such terms and conditions as the Armed Forces Council may, by General Order, decide —
where the serviceman is transferred to the military domain experts service on 1st April 2010, if he —
retires on or after attaining the age of 40 years; and
has completed not less than 10 years of reckonable service; or
where the serviceman is transferred to the military domain experts service after 1st April 2010, if, prior to the transfer, he —
has attained the age of 40 years; and
has completed not less than 10 years of reckonable service.
Subregulation 20
For the purposes of this regulation and the Fourth Schedule, a serviceman attains the age mentioned in this regulation or that Schedule (as the case may be) on the relevant anniversary of his birthday.
Subregulation 21
For the purposes of paragraph (20) —
a reference to the anniversary of a serviceman’s birthday is a reference to the day on which the anniversary occurs; and
a serviceman who is born on 29 February is deemed to attain the age mentioned in this regulation or the Fourth Schedule (as the case may be) in any year that is not a leap year on 28 February of the year in which the serviceman attains that age.