On 22/05/2013,
you requested for the version in force on 22/05/2013
incorporating all amendments published on or before 22/05/2013.
The closest version currently available is that of 30/03/1987.
16.
—(1) Where an officer dies in the public service in Singapore, there shall be paid to such of his dependants as the President may think fit, or if there are no dependants, to his legal personal representative, a gratuity —
(a)
in the case of an officer holding a pensionable office who has not exercised an option mentioned in section 3(2), of an amount equal to one of the following capital sums:
(i)
where the officer has attained the minimum age at the time of his death — an amount ascertained by multiplying the relevant commutation factor by the amount of such pension that may have been granted to the officer under this Act if the officer had retired on the date of his death in the circumstances described in section 7(2)(c); or
(ii)
where the officer has not attained the minimum age at the time of his death — the amount ascertained in accordance with sub-paragraph (i), from which amount there shall be a discount at the relevant discount rate in respect of each year or part thereof falling between the date of his death and the date he would have attained his minimum age had he not died (both dates inclusive),
but such gratuity shall in no case be less than one year’s pensionable emoluments;
(aa)
in the case of a Gurkha serving in the Gurkha Contingent of the Singapore Police Force, of an amount equal to 1/120 of one year’s pensionable emoluments for each complete month of service but such gratuity shall not be less than one year’s or more than 3 years’ pensionable emoluments;
[Subst. by Act 12/95 wef 01/01/1995]
[Act 12/95 wef 01/01/1995]
(b)
in the case of an officer holding a pensionable office who has exercised an option mentioned in section 3(2), one year’s salary as at the date immediately prior to his option taking effect or the commuted pension gratuity which might have been granted to the officer if he had retired at the date of his death in the circumstances described in section 7(2)(c), whichever is the greater;
(c)
in any other case one year’s salary or his commuted annual allowance gratuity, whichever is the greater.
(2) Where an officer who has retired from the public service in Singapore dies within one year of his retirement, or where a retired officer, being an officer who opted under any regulations made under this Act to receive a full pension without any gratuity and whose pension had been suspended pursuant to section 7(4), dies within one year of his pension taking effect, there shall be paid to such of his dependants as the President may think fit, or if there are no dependants, to his legal personal representative, a gratuity of an amount equal, in the case of an officer holding a pensionable office who has not exercised an option mentioned in section 3(2), to one year’s pensionable emoluments and, in any other case, to one year’s salary, from which gratuity there shall be deducted the amount of the gratuity, if any, which has been paid or is payable under this Act or any regulations made thereunder and any payment or payments of pension or allowance, other than any allowance granted in respect of an injury, which may already have been made.
[Act 12/95 wef 01/01/1995]
(2A) Notwithstanding subsection (2), where an officer whose pension, gratuity or other allowance is suspended pursuant to section 7(4) dies before his pension, gratuity or allowance takes effect (whether or not within one year of his retirement), there shall be paid to such of his dependants as the President may think fit, or if there are no dependants, to his legal personal representative, a gratuity of an amount ascertained by multiplying the relevant commutation factor by the amount of such pension that may have been granted to the officer under this Act, from which amount there shall be a discount at the relevant discount rate in respect of each year or part thereof falling between the date he would have attained his minimum age had he not died and the date of his death (both dates inclusive), but such gratuity shall in no case be less than one year’s pensionable emoluments.
[Act 12/95 wef 01/01/1995]
(3) A gratuity (except for commuted annual allowance gratuity) to be granted under subsection (1), (2) or (2A) shall be reduced —
(a)
in the case of an officer transferred to the service of the Government from the service of an authority mentioned in Part II of the Second Schedule under any written law for the time being in force providing that service with that authority shall be deemed to have been service with the Government for the purposes of this Act —
(i)
by the total amount paid by the Government and that authority to any of the funds mentioned in Part I of the Second Schedule, excluding the amount paid on account of the officer if he is on the pensionable establishment with respect to such service, or an equivalent amount if he is not on the pensionable establishment with respect to such service with the Government and with that authority, together with the interest accrued thereon; and
(ii)
by the sum of money, if any, payable under the Singapore City Council Superannuation Fund for Subordinate Employees Rules 1954 in respect of the death of the officer; and
(b)
in the case of an officer not transferred to the service of the Government from the service of an authority as aforesaid and not in the public service on 31st March 1962, by the total amount paid by the Government to the Central Provident Fund, excluding the amount paid on account of the officer if he is on the pensionable establishment with respect to his public service or an equivalent amount if he is not on the pensionable establishment with respect to his public service.
[Act 12/95]
(4) For the purposes of this section —
“one year’s salary” means the emoluments which would be taken for the purpose of computing any allowance or gratuity, or in the case of an officer holding a pensionable office who has exercised an option mentioned in section 3(2) any pension, which may be granted to the officer if he had retired at the date of his death in the circumstances described in section 7(2)(c);
“commuted annual allowance gratuity” means the gratuity which might have been granted to the officer under any regulation providing for the grant of a reduced annual allowance and a gratuity, if his public service had been wholly in Singapore and if he had retired at the date of his death in the circumstances described in section 7(2)(c); and for the purpose of calculating the same the officer shall be deemed to have elected to be paid an annual allowance at the rate of three-fourths of the annual allowance granted to him;
“commutation factor” means 175.14 or such other factor as the President, by order in the Gazette, prescribes in variation thereof;
[Act 12/95 wef 01/01/1995]
“discount rate” means 5 per cent or such other rate as the President, by order in the Gazette, prescribes in variation thereof;
[Act 12/95 wef 01/01/1995]
“minimum age” has the same meaning given to it by section 7(5);
[Act 12/95 wef 01/01/1995]
“pensionable emoluments”, in relation to an officer who had exercised an option mentioned in section 3(2), means his pensionable emoluments at the date immediately prior to his option taking effect;
[Act 12/95 wef 01/01/1995]
“relevant commutation factor” and “relevant discount rate”, in relation to an officer or a retired officer, mean the commutation factor and discount rate, respectively, in force on either the date of the officer’s death or his appointment to the public service in Singapore, whichever is the more favourable; and for this purpose, all officers appointed to the public service in Singapore before 1st January 1995 shall be deemed to be appointed to the public service in Singapore on that date.
[Act 12/95 wef 01/01/1995]
(5) This section shall apply to all officers appointed to the public service in Singapore, whether appointed before or after 1st April 1986.
[Act 12/95 wef 01/01/1995]
[26/86]