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 18/04/2013.
77.
—(1) The Minister may, after consulting with the Board, make regulations —
(a)
to provide for the manner of payment, collection and refund of contributions and any matters incidental thereto, including by electronic or other means;
(b)
to provide for the disposal of amounts which are unclaimed, unpaid or otherwise remain in the Fund;
(ba)
without prejudice to the generality of paragraph (b), for the transfer of any amount standing to the credit of a member to the general moneys of the Fund, and the restoration of that amount to the member’s accounts in the Fund, and for the purposes of sections 2(1B), 6(4C) to (4I) and 13(7A) to (7G);
(c)
to provide for the classification of any employment, not being employment under a contract of service or apprenticeship, as an employment in respect of which contributions are payable under the provisions of this Act;
(d)
to provide that where an employee is employed in a specified employment a person specified as the principal employer shall be deemed to be his employer for the purposes of this Act notwithstanding that the principal employer is not the immediate employer of the employee;
(e)
to require such person as the Minister may specify who derives income from any trade, business, profession or vocation, or from any other source or sources as the Minister may prescribe, to contribute to the Fund in respect of such income in such a manner and at such rate as may be prescribed by the Minister;
(f)
to provide that the Comptroller of Income Tax, appointed under the Income Tax Act (Cap. 134), may transmit to the Board such information, documents or records as may be required to enable the incomes of the persons referred to in paragraph (e) to be ascertained and to provide for the Board, its officers and employees, when dealing with the information, documents or records to be bound by the same conditions as to secrecy as are the persons mentioned in section 6 of that Act;
(g)
to provide that the Board may, with the approval of the Minister, appoint any agent (including the Government or any statutory body) for the assessment, collection or recovery of contributions payable under this Act and any interest thereon and that such agent may be delegated such duties, powers and functions of the Board or its officers under this Act as may be prescribed;
(h)
to provide for a member of the Fund to apply, assign or withdraw all or part of the moneys standing to his credit in the Fund, and for the repayment into the member’s account in the Fund of all or part of the moneys applied, assigned or withdrawn —
(i)
for the purchase or acquisition of any immovable property;
(ii)
for the repayment of any loan taken to finance or re‑finance the purchase or acquisition of any immovable property;
(iii)
for the payment of —
(A)
any improvement contribution due to the Housing and Development Board in respect of upgrading works carried out under Part IVA of the Housing and Development Act (Cap. 129), or any improvement contribution due to a Town Council in respect of upgrading works carried out under Part IVA of the Town Councils Act (Cap. 329A); and
(B)
any costs, fees or other incidental expenses arising from such works; and
(iv)
for the payment of costs, fees or other expenses incurred —
(A)
for the purchase or acquisition of an immovable property;
(B)
to change the manner of holding of an immovable property from a joint tenancy to a tenancy in common, or vice versa;
(C)
for the transfer of any part (but not the whole) of the member’s estate or interest in an immovable property to any other person;
(D)
for obtaining any loan to finance or re-finance any purchase or acquisition referred to in sub‑paragraph (A); or
(E)
in connection with withdrawals of any money from the Fund;
(i)
to provide for a member of the Fund to apply or withdraw all or part of the moneys standing to his credit in the Fund, and for the repayment into the member’s account in the Fund of all or part of the moneys applied or withdrawn —
(i)
for the repayment of any loan taken to finance or re-finance the purchase or acquisition of any land (with or without any building thereon) and the cost incurred for the construction of any dwelling-house thereon, including the payment of any cost, fee or other incidental expense incurred for the purchase or acquisition of that land and the construction of the dwelling-house; and
(ii)
for the reimbursement of the cost for the purchase or acquisition of any land (with or without any building thereon) and the construction of any dwelling-house thereon, including the payment of any cost, fee or other incidental expense incurred for the purchase or acquisition of that land and the construction of the dwelling-house;
(j)
with respect to the withdrawal of money from the medisave account of a member for such medical, psychiatric or other treatment or services received, or to be received, by him, his spouse, child, parent or such other persons as may be prescribed;
(k)
to provide, in any case where a member or his dependant is insured under a medical insurance scheme or other insurance scheme approved by the Minister charged with the responsibility for health, for —
(i)
the withdrawal of money from the member’s medisave account for the payment of any premium payable by the member or his dependant in respect of the medical insurance scheme or other insurance scheme;
(ii)
the refund of any premium paid by the member or his dependant in respect of the medical insurance scheme or other insurance scheme, the circumstances under which any such refund will be made, and the determination of the manner in which any such refund will be made (including the person who will make any such determination); and
(iii)
the payment of any rebate given in respect of the medical insurance scheme or other insurance scheme, the circumstances under which any such payment will be made, and the determination of the manner in which any such payment will be made (including the person who will make any such determination);
(ka)
to provide for the transfer of money from the medisave account of a member to his ordinary account, special account and retirement account (if any);
(l)
to provide for rates of contributions, other than those specified in the First Schedule, in respect of employees declared by the President to be employees for the purposes of this Act by notification in the Gazette under section 2(1);
(m)
for the purposes of sections 20(1)(b)(iii), (1A)(c), (1B), (1C) and (1D) and 25(1)(a)(iii), (1B)(b) and (1C) to (1H) and, in particular, to provide for the determination of the amount of any periodic instalment referred to in section 20(1)(b)(iii) or (1A)(c) or 25(1)(a)(iii);
(n)
to provide for members of the Fund to apply, assign or withdraw all or part of the contributions and interest standing to their credit in the Fund for the purpose of making such investments as may be approved by the Minister, or for the reimbursement of the cost of the making of any such investments, including the payment of any fees, charges or incidental expenses incurred for such investments;
(na)
(o)
for the purposes of sections 15(6)(a), (6C), (6CA), (6CB), (7), (9), (9A), (10), (10A) and (11) to (11F), 18(1) and (1A) and 18A(1) and (1A) and, in particular, to —
(i)
prescribe the minimum sum referred to in section 15(6)(a), including different minimum sums for different classes of members;
(ii)
prescribe the method of computing the minimum sum, and provide for certain amounts standing to the credit of a member in his retirement account to be disregarded when determining whether the member has set aside the minimum sum;
(iii)
prescribe the amount which may be withdrawn under section 15(7), and provide for the manner in which that amount may be withdrawn, after a member has attained the prescribed age;
(iv)
without prejudice to the generality of sub paragraph (iii), provide for the Board to pay an amount withdrawn by a member under section 15(7) into the member’s account in the Fund, and for the circumstances in which payment will be made to a member in this manner; and
(v)
provide for the payment into a member’s account in the Fund of any payment to the Board that is secured under section 15(9), (9A), (10), (10A), (11D) or (11E), 27C(1) or (2), 27D(1) or (2) or 27DA(1) or (2);
(oa)
for the purposes of section 18(3) and (7) and, in particular, to prescribe —
(i)
the method of computing the amount of moneys which may be transferred to or paid into a special account under section 18(3); and
(ii)
the purposes for which any moneys transferred to or paid into a special account under section 18(3) which may be applied, the amount which may be applied for each such purpose, and the manner in which any such amount may be withdrawn;
(p)
to prescribe for the purposes of section 15B the manner of application to set aside the additional sum, the conditions on which the additional sum may be set aside, the time at which the additional sum may be set aside, and the amount of and the manner in which the additional sum may be withdrawn;
(q)
to provide for rates of contributions, other than those specified in the First Schedule, in respect of such categories, classes or descriptions of employees as the Minister may specify;
(qa)
to prescribe the fees and charges that may be levied by the Board for the purposes of this Act;
(ra)
for the purposes of Part IIIA and, in particular, to prescribe —
(i)
the procedure and requirements for and manner of effecting, and any other matter relating to, the transfer of money standing to the credit of a member to any designated account of his spouse;
(ii)
the procedure and requirements for and manner of effecting, and any other matter relating to, the payment of money standing to the credit of a member to his spouse;
(iii)
any matter relating to the transfer (other than by way of sale) of a member’s estate or interest in any immovable property or HDB flat to his spouse pursuant to an order of court;
(iv)
any matter relating to the transfer of a member’s interest in any investment to his spouse under section 27G; and
(v)
any matter relating to the sale of a member’s interest in any investment under section 27H; and
(s)
as are necessary or expedient for giving full effect to the purposes and provisions of this Act.
[19/83; 32/84; 16/86; 5/87; 22/90; 27/92; 29/93; 10/94; 39/2000]
(2) The Board may, in addition to the other duties imposed and powers conferred upon it under this Act, make rules —
(a)
to provide for —
(i)
the return of contributions under this Act, or of any part of those contributions, paid in error; and
(ii)
the payment of contributions under this Act, or of any part of those contributions, omitted to be paid in error;
(b)
to provide for the keeping of books, accounts or records by employers;
(c)
(d)
to prescribe the procedure for the withdrawal of amounts from the Fund;
(e)
to prescribe the evidence to be produced and the person, officer or authority to whom the evidence is to be produced for the purposes of section 15;
(ea)
to provide for the exercise of the court’s powers under section 20 of the Mental Capacity Act (Cap. 177A) in relation to —
(i)
the executing under section 15(6A) or 25(1), on a member’s behalf, of any memorandum under section 25(1); and
(ii)
where any such memorandum has been executed, or any nomination has been made under section 25(1), by a member or by the court on behalf of a member, the revoking, on the member’s behalf, of that memorandum or nomination, as the case may be;
(f)
to prescribe the procedure to be followed when contributions are paid into the Fund;
(g)
to provide, in cases where an employee is employed concurrently by 2 or more employers, the extent of the obligation of those employers as to payment of contributions under this Act;
(h)
to prescribe the form and period of any notice to be given by an employee to his employer under section 7;
(i)
to prescribe the procedure to be followed when any voluntary contribution is paid to the Fund;
(j)
to prescribe the returns to be made and the forms and registers to be used in the carrying out of the provisions of this Act; and
(k)
to prescribe anything which under this Act may be prescribed by the Board.
(3) No withdrawal shall be allowed to any member pursuant to regulations made under subsection (1)(i) unless the construction of his dwelling-house has been completed and a temporary occupation permit in respect of the dwelling-house has been issued by the relevant Government authority.
(4) In subsections (1)(i) and (3), “dwelling-house” means any building which is constructed to be used for human habitation.
[29/93]