PART IV
AWARDS IN RESPECT OF DEATH
12.
—(1) Except as otherwise provided in paragraphs (2) and (3), where a member dies while he is in the regular service of the Singapore Armed Forces, there shall be paid to such of his dependants as the Armed Forces Council may think fit or, if there are no dependants, to his personal representatives, the greater in quantum of the following:
(a)
an amount equal to the benefits that would have been payable to him under the MDES at the date of his death; or
(b)
a sum equal to his annual compensation salary.
(2) Where a member dies while he is in the regular service of the Singapore Armed Forces, and he is a member of the SAVER Plan, there shall be paid to such of his dependants as the Armed Forces Council thinks fit or, if there are no dependants, to his personal representatives —
(a)
in any case where he was in the pensionable service immediately before his conversion to the SAVER Plan, and the conversion took place on 1st April 1998, the greatest in quantum of the following:
(i)
all moneys standing to his credit in his Savings Account, Retirement Account and CPF Top-Up Account, together with an amount equal to the benefits that would have been payable to him under the MDES, at the date of his death;
(ii)
an amount equal to the benefits that would have been payable to him under the Singapore Armed Forces (Pensions) Regulations (Rg 9), if he had remained in the pensionable service at the date of his death; or
(iii)
a sum equal to his annual compensation salary; or
(b)
in any other case, the greater in quantum of the following:
(i)
all moneys standing to his credit in his Savings Account, Retirement Account and CPF Top-Up Account, together with an amount equal to the benefits that would have been payable to him under the MDES, at the date of his death; or
(ii)
a sum equal to his annual compensation salary.
(3) Where a member dies while he is in the regular service of the Singapore Armed Forces, and he is a member of the Premium Plan, there shall be paid to such of his dependants as the Armed Forces Council thinks fit or, if there are no dependants, to his personal representatives —
(a)
in any case where the member was in the pensionable service immediately before his conversion to the Premium Plan, the greatest in quantum of the following:
(i)
all moneys standing to his credit in his CARE Account and CPF Top-Up Account, together with an amount equal to the benefits that would have been payable to him under the MDES, at the date of his death;
(ii)
an amount equal to the benefits that would have been payable to him under the Singapore Armed Forces (Pensions) Regulations (Rg 9), if he had remained in the pensionable service at the date of his death; or
(iii)
a sum equal to his annual compensation salary; or
(b)
in any other case, the greater in quantum of the following:
(i)
all moneys standing to his credit in his CARE Account and CPF Top-Up Account, together with an amount equal to the benefits that would have been payable to him under the MDES, at the date of his death; or
(ii)
a sum equal to his annual compensation salary.
(4) Notwithstanding paragraphs (1), (2) and (3), where a member dies in disgrace, or where his death is attributable to his misconduct or negligence, is due to reasons within his own control or resulted from deliberate self-injury or the deliberate aggravation of an accidental injury, the Armed Forces Council may —
(a)
(b)
authorise payment of the applicable amount at such a reduced rate as it may think fit after having regard to all the circumstances of the case, and forfeit of the balance.
13.
—(1) Where a member dies as a result of any injury received in and which is attributable to service, the Armed Forces Council may pay to his dependants or personal representatives —
(a)
an amount equal to the lump sum calculated for the death of an employee under the Third Schedule to the Work Injury Compensation Act (Cap. 354), as if the member was an employee under that Act; and
(b)
the greatest in quantum of the following:
(i)
an amount equal to the benefits that would have been payable to him under the MDES at the date of his death;
(ii)
if the member is a member of the SAVER Plan —
(A)
in any case where he was in the pensionable service immediately before his conversion to the SAVER Plan, and the conversion took place on 1st April 1998, the greater in quantum of the following:
(AA)
all moneys standing to his credit in his Savings Account, Retirement Account and CPF Top-Up Account, together with an amount equal to the benefits that would have been payable to him under the MDES, at the date of his death; or
(AB)
an amount equal to the benefits that would have been payable to him under the Singapore Armed Forces (Pensions) Regulations (Rg 9), if he had remained in the pensionable service at the date of his death; or
(B)
in any other case, all moneys standing to his credit in his Savings Account, Retirement Account and CPF Top-Up Account, together with an amount equal to the benefits that would have been payable to him under the MDES, at the date of his death;
(iii)
if the member is a member of the Premium Plan —
(A)
in any case where he was in the pensionable service immediately before his conversion to the Premium Plan, the greater in quantum of the following:
(AA)
all moneys standing to his credit in his CARE Account and CPF Top-Up Account, together with an amount equal to the benefits that would have been payable to him under the MDES, at the date of his death; or
(AB)
an amount equal to the benefits that would have been payable to him under the Singapore Armed Forces (Pensions) Regulations (Rg 9), if he had remained in the pensionable service at the date of his death; or
(B)
in any other case, all moneys standing to his credit in his CARE Account and CPF Top-Up Account, together with an amount equal to the benefits that would have been payable to him under the MDES, at the date of his death; or
(iv)
12 months of the compensation salary of the member at the date of his death.
(2) There may be paid, in addition to the total sum under paragraph (1), a special award of a sum to be determined by the Armed Forces Council if, in the opinion of the Armed Forces Council, the injury was received by the member in the course of military operations or training.
(3) There may be paid, in addition to the total sum under paragraph (1) and, where applicable, paragraph (2), an additional award to be determined by the Armed Forces Council (having regard to the principles on which a claim for damages would be determined in the civil courts) if, in the opinion of the Armed Forces Council, the injury was received under exceptional circumstances or while the member was rendering service beyond the call of duty.
(4) Where a member’s death is caused as a result of the aggravation by service of an adverse medical condition that —
(a)
existed in him before service; or
(b)
had arisen during, but which was not attributable to, service,
and the death occurred within 7 years after the aggravation of such medical condition, the amount of compensation payable to his dependants or personal representatives, as the case may be, may be equal to 50% of the compensation payable under paragraph (1)( a), and 50% of any award payable under paragraph (2) or (3), had his death occurred as a result of injuries received in and which were attributable to service.