On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 01/06/2012.
Chapter 1
40. For the purposes of this Part, a member is eligible for an award in respect of total disability if ––
(a)
he is disabled from an injury received in and attributable to service;
(b)
the injury is not a minor injury specified in the Third Schedule;
(c)
his degree of disability is determined by the Armed Forces Council to amount to total disability; and
(d)
he has, as a result of his disablement, retired, or been released, from service.
Award in respect of total disability of member who has served not less than 10 years in pensionable service
41.
—(1) This regulation shall apply to a member —
(a)
who ––
(i)
being in pensionable service, has completed not less than 10 years of pensionable service; or
(ii)
having exercised the option to convert to the non-pensionable service under regulation 32, has completed not less than 10 years of pensionable service as at the date immediately before his conversion; and
(b)
who is eligible under regulation 40 for an award in respect of total disability.
(2) The Armed Forces Council may pay to a member to whom this regulation applies ––
(a)
a pension under regulation 23 or 33, as the case may be; and
(b)
as compensation, a sum equivalent to the lump sum calculated for permanent total incapacity 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.
42. Where a member who is serving on contract is eligible under regulation 40 for an award in respect of total disability, he shall be eligible for —
(a)
a service gratuity under regulation 27 or a sum equal to 12 months of his monthly gross salary, whichever is the greater; and
(b)
compensation computed in accordance with regulation 41(2)(b).
Award in respect of total disability of member serving in pensionable service with less than 10 years’ service
43. Where a member who has served for a period of less than 10 years in the pensionable service is eligible under regulation 40 for an award in respect of total disability, he shall be eligible for —
(a)
a service gratuity under regulation 25 or a sum equal to 12 months of pensionable emoluments, whichever is the greater; and
(b)
compensation computed in accordance with regulation 41(2)(b).
Award in respect of total disability of member converted to non-pensionable service with less than 10 years’ service
44. Where a member who has exercised the option to convert to the non-pensionable service under regulation 32 and has served for a period of less than 10 years in the pensionable service as at the date immediately before his conversion is eligible under regulation 40 for an award in respect of total disability, he shall be eligible for ––
(a)
a gratuity under regulation 35 or a sum equal to 12 months of his monthly gross salary, whichever is the greater; and
(b)
compensation computed in accordance with regulation 41(2)(b).
45. Where a member who is serving in the non-pensionable service, other than a member to whom regulation 44 applies, is eligible under regulation 40 for an award in respect of total disability, he shall be eligible for —
(a)
a gratuity under regulation 37(d); and
(b)
compensation computed in accordance with regulation 41(2)(b).
46. Where a member performing national service or voluntary service is eligible under regulation 40 for an award in respect of total disability, he shall be eligible for ––
(a)
a gratuity under regulation 37(b); and
(b)
compensation computed in accordance with regulation 41(2)(b).
47. Where a member who is eligible for an award under regulation 41, 42, 43, 44, 45 or 46 has, in the opinion of the Armed Forces Council, suffered total disability as a result of an injury received in the course of military operations or training, the member may be granted a special award of a sum to be determined by the Armed Forces Council, in addition to the award granted to him under any of those regulations.
Additional award in respect of total disability arising from exceptional circumstances or service beyond call of duty
48. Where a member who is eligible for an award under regulation 41, 42, 43, 44, 45 or 46 has, in the opinion of the Armed Forces Council, suffered total disability as a result of an injury received under exceptional circumstances or while rendering service beyond the call of duty, the member may be granted 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, in addition to the award granted to him under any of those regulations and, where applicable, regulation 47.
49. Where a member suffers a disability which is determined by the Armed Forces Council to be total disability caused as a result of 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 total disability occurs within 7 years of the aggravation of such medical condition, the member may be granted compensation equal to 50% of the compensation he would have been eligible for under regulation 41, 42, 43, 44, 45 or 46, as the case may be, and 50% of any award he would have been eligible for under regulation 47 or 48, had his total disability occurred as a result of an injury (not being a minor injury specified in the Third Schedule) received in and which was attributable to service.
50.
—(1) Any member who would have been eligible in a case of total disability for any award under regulations 41 to 48 may, if he suffers partial disability, be awarded ––
(a)
such a proportion of the compensation equivalent to the lump sum calculated for permanent total incapacity 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, as the degree of disablement bears to total disablement; and
(b)
such a proportion of any award he would have been eligible for under regulation 47 or 48 as the degree of disablement bears to total disablement.
(2) Where such partial disability is determined by the Armed Forces Council to be caused by aggravation by service of an adverse medical condition that ––
(a)
existed in the member before service; or
(b)
had arisen during but which was not attributable to service,
and such disability occurs within 7 years of the aggravation of such medical condition, the member may be granted compensation equal to 50% of the compensation he would have been eligible for under paragraph (1)(a) and 50% of any award he would have been eligible for under paragraph (1)(b), had his partial disability occurred as a result of an injury received in and which was attributable to service.
51.
—(1) Subject to these Regulations, the degree of the disablement attributable to service of a member shall be assessed by making a comparison between the condition of the member as so disabled and the condition of a normal healthy person of the same age, without taking into account the earning capacity of the member in his disabled condition in his own or any other specific trade or occupation, and without taking into account the effect of any individual factors or extraneous circumstances; but where such disablement is due to more than one injury, a composite assessment of the degree of disablement shall be made by reference to the combined effect of all such injuries.
(2) The degree of disablement assessed in accordance with paragraph (1) shall be certified by way of a percentage, total disablement being represented by 100% (which shall be the maximum assessment) and a lesser degree or partial disablement being represented by such percentage as bears to 100% the same proportion as the lesser degree of disablement bears to total disablement, except in a case to which the Third Schedule applies.
(3) Where a disablement of a member who joined the Singapore Armed Forces before 15th March 1991 is due to any injury specified in the First Schedule or is a disablement so specified, and, in either case, has reached a settled condition, the degree of such disablement shall, in the absence of any special features, be certified for the purpose of these Regulations at the percentage specified in that Schedule as appropriate to that injury or to that disablement.
(4) Where a disablement of a member who joins the Singapore Armed Forces on or after 15th March 1991 is due to any injury specified in the First Schedule to the Work Injury Compensation Act (Cap. 354) or is a disablement so specified, and, in either case, has reached a settled condition, the degree of such disablement shall, in the absence of any special features, be certified for the purpose of these Regulations at the percentage equivalent to the percentage of loss of earning capacity specified in that Schedule as appropriate to that injury or to that disablement.
(5) Where a member has sustained a minor injury specified in the Third Schedule, he may be granted an award in accordance with that Schedule, whether his service is terminated or not.
(6) If a member has sustained an injury referred to in paragraph (5) as well as other disablement attributable to service, the degree of which is less than 100%, and a composite assessment of the degree of the disablement from both causes is no higher than the assessment for the other disablement alone, this regulation shall have effect so as to authorise an award under paragraph (5) in respect of the minor injury as well as an award under this Part in respect of the other disablement.
(7) The degree of disablement certified under this regulation shall be the degree of disablement for the purpose of any award in respect thereof in this Part.
52.
—(1) Where a member is granted compensation computed in accordance with regulation 41(2)(b), and it is shown to the satisfaction of the Armed Forces Council that constant attendance on the member is necessary on account of disablement, he may be awarded an additional amount equivalent to 25% of the maximum compensation payable under regulation 41(2)(b).
(2) Where a member is granted compensation computed in accordance with regulation 41(2)(b), the award under this regulation shall be in lieu of any additional compensation for constant attention provided under the Work Injury Compensation Act (Cap. 354).