On 18/05/2013,
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incorporating all amendments published on or before 18/05/2013.
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FIRST SCHEDULE
Pensions Regulations
General Regulations
1. These Regulations may be cited as the Pensions Regulations.
2. In these Regulations, unless the context otherwise requires —
“Malayan Government” includes the Governments of the Federated Malay States and any State or Settlement now comprised in the Federation of Malaya and the Government of the Malayan Union;
“period of enemy occupation” means the period commencing on 15th February 1942 and ending on 5th September 1945.
3. These Regulations shall in all respects be subject to the provisions of the Act.
4. Subject to these Regulations, service qualifying for pension, gratuity or other allowance, as the case may be, shall be the inclusive period between the date from which an officer commences to draw salary or half salary from the funds of the Government and the date of his leaving the service of the Government without deduction of any period during which he has been absent on leave.
5. Every officer holding a pensionable office in Singapore, who has been in the service of the Government for not less than 10 years, may on his retirement be granted a pension at the rate of one six-hundredth (1/600th) of his annual pensionable emoluments in respect of each complete month of pensionable service subject to the limit prescribed in section 10 of the Act:
Provided that an officer in the public service in Singapore at the commencement of the Act may be permitted to draw pension at the rate of one seven-hundred-and-twentieth (1/720th) of his pensionable emoluments in respect of each complete month of pensionable service with an addition of sixty seven-hundred-and-twentieths (60/720ths) of his pensionable emoluments subject to the limit prescribed in section 10 of the Act.
6.—(1) For the purpose of computing the amount of a pension or gratuity to be granted to an officer, the following periods, subject to any deduction to be made under regulation 9, shall be taken into account as pensionable service —
(a)
the periods during which he has been on duty;
(b)
any period during which he was proceeding to Singapore, on first appointment and in respect of which he was paid half or full salary from the funds of the Government;
(c)
any period during which he has been absent from duty on leave with full salary or half salary;
(d)
any period during which he has been absent from duty on leave without salary, granted on grounds of public policy with the approval of the President, and during which he has not qualified for pension or gratuity in respect of other public service;
(e)
any period during which an officer shall have been seconded for other public service or for service under a public body with the approval of the President, or may have been seconded for service under any Malayan Government;
(f)
any period during which an officer has been granted leave without salary to serve under a private body with the approval of the President unless the officer has exercised an irrevocable option not to have the period taken into account as pensionable service.
[S 31/93 wef 19/02/1993]
(2) The period of enemy occupation and any period subsequent thereto before an officer resumed duty may, unless in any particular case the President shall otherwise direct, be counted as service qualifying for a pension or gratuity or allowance as if the enemy occupation had not occurred and in particular no officer otherwise eligible for the grant of any pension, gratuity or allowance shall be disqualified from counting such service merely by reason of the fact that, during the period of enemy occupation or such subsequent period as aforesaid, he was absent from duty or that his service was broken or that he was not in receipt of full salary:
Provided that this paragraph shall not apply to any officer who, being available and fit for duty, did not report for duty within such time, after the expiration of the period of enemy occupation, as the President may, in the circumstances of this case, consider reasonable.
(3) Subject to any direction to the contrary by the President, it shall be assumed, in the computation of the amount of any pension, gratuity or allowance in respect of past services which involves taking into account the period of enemy occupation or any period subsequent thereto before an officer resumed duty, that, during such period or periods, the officer concerned continued to draw salary and any other pensionable emoluments to which he would have been entitled but for the enemy occupation.
(4) For the purposes of paragraph (3) —
(a)
no promotion dependent on selection or the occurrence of vacancies shall be presumed to have taken place during the period of enemy occupation;
(b)
where an officer on 14th February 1942 held an office or served as an officer of a class under an approved scheme the pensionable emoluments of which are based on a scale of increments, then such pensionable emoluments of such office or officer shall be calculated so as to include such increments as the officer would ordinarily have received during the period of enemy occupation or subsequent period mentioned in paragraph (3); and
(c)
in the case of an officer who continued in the service of the Japanese Military Government and who was retired during the period of enemy occupation after a medical examination which, in the opinion of the President, was sufficient, paragraph (3) shall cease to apply as from the date of such retirement.
7.—(1) Service in respect of which pensions or gratuities may be granted must be unbroken, except in cases where the service has been interrupted by abolition of office or other temporary suspension of employment not arising from misconduct or voluntary resignation or the break in service is caused by retirement under the provisions of the Instruction Manual for the time being in force on the election of an officer as a Member of Parliament or of any local government authority.
(2) Notwithstanding paragraph (1), an officer —
(a)
whose pension has been suspended under regulation 16; or
(b)
who has retired from the public service without pension on account of ill-health, abolition of office or re-organisation designed to effect greater efficiency and economy, and has subsequently been re-employed in the public service,
may, if the President thinks fit, be granted the pension or gratuity for which he would have been eligible if any break in his public service immediately prior to such suspension, re-employment or employment had not occurred and such pension shall be in lieu of —
(i)
any pension previously granted to him in respect of his service under the Government; and
(ii)
any gratuity so granted which is required to be refunded as a condition of the application to the officer of this paragraph,
but in addition to any gratuity so granted which is not required to be refunded as aforesaid: Provided that in calculating a pension or gratuity granted in pursuance of this paragraph no account shall be taken for any purposes of the period during which the officer was not in public service.
8. Where an officer has performed acting service in a pensionable office under the Government, the period of such service may be taken into account as pensionable service if the period of such acting service —
(a)
was not part of the pensionable service of a substantive holder of the office and is not taken into account as part of the officer’s own pensionable service in other public service; and
(b)
is immediately preceded or followed by service in a substantive capacity in a pensionable office under the Government or in an office which is a pensionable office as regards previous service, and not otherwise.
9. Only service in a pensionable office shall be taken into account as pensionable service: Provided that —
(a)
where a period of service in a civil capacity otherwise than in a pensionable office is immediately followed by service in a pensionable office and the officer is confirmed therein the whole of such period may be so taken into account;
(b)
any break in service which may be disregarded under regulation 7 (2) may likewise be disregarded in determining for the purposes of the preceding proviso whether one period of service immediately follows another period of service;
(c)
any period during which an officer on the pensionable establishment has served on duty in Malaya or in Brunei Darussalam, whether in a pensionable office or not, may be regarded as pensionable service;
(d)
any period during which an officer, on the pensionable or non-pensionable establishment, has served in Singapore with the Board of Currency Commissioners, Malaya, may be regarded as pensionable service; and
(e)
any period during which an officer has served in the Singapore Armed Forces immediately prior to his transfer to the public service and which period would have counted as pensionable service under the appropriate Singapore Armed Forces pensions regulations, may be regarded as pensionable service.
10. Any period during which an officer absent on leave from Singapore has, with the consent of the President, served with the Singapore Armed Forces or in any capacity connected with a state of war, may be reckoned as service on full pay for the purposes of these Regulations.
Full-time national service is deemed to be public service and the period of such service may be reckoned as pensionable service
11.—(1) Full-time national service pursuant to section 10 of the Enlistment Act or pursuant to the provisions of any written law repealed by that Act, shall be deemed to be public service and a person who has rendered such service, either before or after he became the holder of a pensionable office, shall be deemed to have been or to have continued to be, as the case may be, an officer in the public service for the period of such full-time national service for the purposes of the Act.
(2) Any period during which a person has rendered full-time national service pursuant to section 10 of the Enlistment Act or pursuant to the provisions of any written law repealed by that Act, may be reckoned as service qualifying for pension, gratuity or other allowance, as the case may be.
(3) The period between the effective date of a person’s release from full-time national service and the date of his assumption of duty or resumption of duty, as the case may be, in the public service may be deemed to be a period of temporary suspension of employment for the purposes of the Act.
[10A
12. Where an officer has been seconded from a pensionable office to an office or class of office which is not pensionable or to service under a public body, the period of such temporary employment shall be reckoned for the purpose of pension, gratuity or other allowance, provided that —
(a)
the officer retires in circumstances in which he would otherwise be eligible for a person; and
(b)
for the purposes of these Regulations he shall be deemed to hold and to have held, during the period of such seconded service, a pensionable office to which are attached pensionable emoluments equal to those of the pensionable office from which he was seconded.
13.—(1) Pensions and gratuities shall be computed —
(a)
where an officer has held one office, the pensionable emoluments of which are not based on a scale of increments, for a period of not less than 3 years immediately preceding the date of his retirement, on the pensionable emoluments payable to him at that date in respect of that office;
(b)
where an officer has at any time during such period of 3 years been transferred from one such office to another, but his pensionable emoluments have not been changed by reason of such transfer or transfers on the pensionable emoluments payable to him at the date of his retirement in respect of the office then held by him;
(c)
where an officer has held an office or has served as an officer of a class, the pensionable emoluments of which are based on a scale of increments, for a period of not less than 3 years immediately preceding the date of his retirement, on the pensionable emoluments payable to him at that date in respect of that office or as an officer of that class:
Provided that where two or more classes are subject to one time scale, they shall be treated for this purpose as one class;
(d)
in all other cases, on the average amount of the pensionable emoluments payable to the officer during a period of 3 years immediately preceding the date of his retirement:
Provided that —
(i)
in the case of an officer who has received promotion within 3 years of the date of his retirement any services in an office or class of office in which such officer served within the said 3 years shall, for the purposes of computation under this regulation, be deemed to be service on the highest pensionable emoluments paid to such officer in that office or class;
(ii)
in the case of an officer who has received promotion within 3 years of the date of his retirement his pension may be calculated as if he had not been so promoted if this should be to his advantage.
(2) Pensions and gratuities computed under this regulation shall, where applicable, be computed subject to the following conditions:
(a)
that where the pensionable emoluments attached to the posts held by an officer during the 3 years immediately preceding the date of his retirement have been increased at any time during that period, the pension or gratuity shall be computed on one-third (1/3rd) of the aggregate increased pensionable emoluments attached to those posts, as if the increased pensionable emoluments had been in force and payable during the whole of the said period;
(b)
that in the case of an officer who has less than 3 years pensionable service, the pension or gratuity shall be computed on the average amount of the pensionable emoluments payable to the officer during his pensionable service;
(c)
that where the pensionable emoluments attached to the post held by an officer at the date of his retirement have been reduced for misconduct the pension or gratuity shall be computed on the pensionable emoluments payable to him at that date or on the average amount of the pensionable emoluments payable to the officer during a period of 3 years immediately preceding that date, whichever shall be the less.
(3) Notwithstanding paragraphs (1) and (2) —
(a)
any gratuity to be granted under section 16 of the Act in respect of an officer who dies in the public service shall be computed on the basis of the pensionable emoluments payable to him on the date of his death;
(b)
any pension or gratuity to be granted to an officer in the public service under section 7(2)(c) of the Act in circumstances where that officer would be eligible for any benefit under regulation 18 or 20 shall be computed on the basis of the pensionable emoluments payable to him immediately preceding the date of his retirement.
14.—(1) Subject to paragraph (2), no pension, allowance or gratuity shall be granted under these Regulations to any officer whose whole-time is not given to the public service.
(2) Part-time service shall qualify as pensionable service but it shall be counted on the basis of the proportion the part-time service bears to whole-time service over the same period.
[Subst. by S 484/89 wef 15/12/1989]
15.—(1) Subject to this regulation, a Gurkha serving in the Gurkha Contingent of the Singapore Police Force (referred to in this regulation as an officer) to whom a pension is granted under the Act may —
(a)
in the case of an officer retiring before 7th December 1984, be paid a reduced pension at the rate of 3/4ths of such pension together with a commuted pension gratuity equal to 12½ times the annual value of the reduction so made in the pension;
(b)
in the case of an officer retiring on or after 7th December 1984, be paid a reduced pension together with a commuted pension gratuity of an amount equal to 1/120th of his one year’s pensionable emoluments in respect of each complete month of pensionable service subject to a maximum of his pensionable emoluments for 3 years.
[S 19/95 wef 01/01/1995]
[S 318/84]
(2) The reduced pension to be granted under paragraph (1) (b) shall be the amount of his annual pension less 2/25ths of the gratuity granted to him.
(3) An officer who is paid a reduced pension under paragraph (1) shall, after the expiration of 12 years and 6 months from the date he is granted the reduced pension, be eligible for the full pension as if there had been no reduction.
(4) An officer to whom a reduced pension together with a gratuity is granted under the Act may, at his option exercisable in accordance with this regulation, be paid in lieu of the reduced pension together with a gratuity the full pension without any gratuity.
(5) The option shall be exercisable, and if it has already been exercised may be revoked not later than the day immediately preceding the date of the officer’s retirement:
Provided that if the officer has not exercised the option prior to the day preceding the date of his retirement, the Presidentmay, if it appears in the circumstances equitable to do so, allow the officer to exercise the option at any time between that date and the date of award of a pension to him.
(6) If an officer who has exercised the option under paragraph (4) dies after he has finally retired but before a pension has been awarded to him, it shall be lawful for the President to grant a gratuity and a reduced pension, as if the officer before his death had not exercised the option.
15A.—(1) Subject to these Regulations, an officer to whom a pension is granted under the Act may, at his option exercisable in accordance with this regulation, be paid —
(a)
in the case of an officer appointed before and retiring on or after 1st January 1995 —
(i)
a full pension without any gratuity;
(ii)
a reduced pension together with a gratuity ascertained in accordance with regulation 15B; or
(iii)
a commuted pension gratuity ascertained in accordance with regulation 15B without any pension; or
(b)
in the case of an officer appointed on or after 1st January 1995 —
(i)
a full pension without any gratuity; or
(ii)
a commuted pension gratuity ascertained in accordance with regulation 15B without any pension.
(2) The option shall be exercisable not later than the day immediately preceding the date of the officer’s retirement, except that if the officer has not exercised the option prior to the day preceding the date of his retirement, the President may, if it appears in the circumstances equitable to do so, allow the officer to exercise the option at any time between that date and the day prior to the date of payment of a pension or gratuity to him.
(3) If an officer has exercised the option, his decision shall, subject to paragraph (5), be irrevocable so far as concerns any pension or gratuity to be granted to him under the Act.
(4) An officer who has not exercised an option in accordance with this regulation shall be deemed to have opted to receive a commuted pension gratuity ascertained in accordance with regulation 15B without any pension.
(5) An officer who is paid a reduced pension pursuant to his option exercised in accordance with this regulation shall, after the expiration of 12 years and 6 months from the date he was granted the reduced pension, be eligible for the full pension as if there had been no reduction.
(6) Where an officer opts in accordance with this regulation to receive a commuted pension gratuity ascertained in accordance with regulation 15B, the commuted pension gratuity shall, unless suspended, be payable as follows:
(a)
part of the commuted pension gratuity, being a sum equal to the difference between the total amount paid by the Government to the Central Provident Fund on account of the officer with respect to his service, and the total amount payable by the Government to that Fund on account of the officer with respect to the same service if the officer had not been on the pensionable establishment, together with the interest thereon, shall be paid to the officer’s account in the Central Provident Fund; and
(b)
the balance of the commuted pension gratuity shall be paid to the officer,
except that where the commuted pension gratuity ascertained in accordance with regulation 15B is less than the sum referred to in sub-paragraph (a), the entire commuted pension gratuity shall be paid to the officer’s account in the Central Provident Fund.
(7) For the purposes of paragraph (6) (a), the reference to the total amount paid or payable by the Government to the Central Provident Fund in respect of any officer shall not include reference to any amount thereof which is recoverable from the officer’s salary pursuant to the Central Provident Fund Act [Cap. 36] or any regulations made thereunder.
(8) This regulation shall not apply to a Gurkha serving in the Gurkha Contingent of the Singapore Police Force.
[S 19.95wef1.1.95]
15B.—(1) The reduced pension and gratuity referred to in regulation 15A (1) (a) (ii) shall be —
(a)
a reduced pension equal to the amount of his annual pension less 2/25ths of the gratuity specified in sub-paragraph (b); and
(b)
a gratuity equal to 1/120ths of his one year’s pensionable emoluments in respect of each complete month of pensionable service subject to a maximum of his pensionable emoluments for 3 years.
(2) The commuted pension gratuity referred to in regulation 15A (1) (a) (iii) and (b) (ii) shall be —
(a)
a capital sum ascertained by multiplying the commutation factor by the amount of such pension that may be granted to an officer under the Act; or
(b)
in the case of an officer retiring before attaining his minimum age in the circumstances described in section 7(2)(e) or (i) of the Act, a capital sum ascertained in accordance with sub-paragraph (a), from which sum there shall be a discount at the relevant discount rate in respect of each year or part thereof falling between the day he will attain his minimum age and either the date of his retirement or the date to which the gratuity is suspended pursuant to section 7(4) of the Act, whichever is the later date.
(3) For the purposes of this regulation —
“commutation factor” means 175.14;
“discount rate” means 5 per cent;
“minimum age” shall have the same meaning as in section 7(5) of the Act;
“relevant commutation factor” and “relevant discount rate”, in relation to an officer, mean the commutation factor and discount rate specified in this paragraph as in force on either the date of the officer’s retirement from the public service in Singapore or his appointment to such public service, 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.
16.—(1) If an officer to whom a pension has been granted under the Act is appointed to another office in the public service in Singapore, the payment of his pension may, if the Presidentthinks fit, be suspended during the period of his re-employment.
(2) If an officer to whom a pension or a gratuity has been granted under the Act or under any written law repealed by the Act or, in respect of other public service, under the law or regulations applicable thereto, is appointed to another office in the public service in Singapore and subsequently retires in circumstances in which he may be granted a pension, he may be granted, in lieu of his previous pension or gratuity, a pension computed as if the periods of his service had been continuous, and such pension may be based on his pensionable emoluments at the date of his previous or his final retirement from the service of the Government, whichever are the greater:
Provided that in such a case —
(a)
if on his previous retirement the officer was granted a gratuity and reduced pension, there shall be refunded to the Government the amount, if any, by which such gratuity together with the total amount of such reduced pension paid during the period of retirement exceeds the total amount of the pension at full pension rate which would have been payable during such period if the officer had not elected to receive gratuity and reduced pension;
(b)
if on his previous retirement the officer was granted a gratuity only, there shall be refunded to the Government the amount, if any, by which such gratuity exceeds the total amount of the pension at the full pension rate which would have been payable during the period of retirement, if no regard had been had to the minimum period of service qualifying for a pension and the officer had been granted a pension in respect of the service on account of which the gratuity was granted.
17.—(1) If an officer holding a pensionable office retires or be removed from the public service in consequence of the abolition of his office or for the purpose of facilitating improvement in the department in which he belongs by which greater efficiency or economy can be effected, he may be granted a pension at the rate of one five-hundredth (1/500th) of his annual pensionable emoluments in respect of each complete month of pensionable service until two-hundred-and-forty five-hundredths (240/500ths) is reached and one six-hundredth (1/600th) in respect of each complete month of pensionable service in excess of 240 months.
(2) No pension shall be granted under this regulation exceeding in amount the pension for which the officer would have been eligible under regulation 5 if he had continued to hold his office until he reached the age at which he might be required to retire, or the maximum prescribed in section 10 of the Act.
(3) The grant of any pension under this regulation shall be subject to the condition that the officer shall be liable to be recalled for service in Singapore:
Provided that if such officer is not qualified for other employment in the service of Singapore or if there is no reason in the opinion of the President to expect that he can shortly be re-employed a pension may be granted to him free from the abovementioned condition.
[18
17A. Unless otherwise expressly provided, regulations 18 to 21 shall apply to all officers in the public service in Singapore, whether appointed before or after 1st April 1986.
[S 19/95 wef 01/01/1995]
18.—(1) Where a person other than a police officer employed in the public service of the Government, whether serving in a pensionable or non-pensionable office —
(a)
has been permanently injured in the actual discharge of his duty, without his own fault, by some injury specifically attributable to the nature of his duty;
(b)
has been permanently injured in special circumstances which, in the opinion of the President, justify exceptional treatment; or
(c)
contracts a disease to which he is specifically exposed by the nature of his duty, not being a disease wholly or mainly due to or seriously aggravated by his own serious and culpable negligence or misconduct,
and his retirement, on the recommendation of a medical board or of a medical practitioner approved by the President, is thereby necessitated or materially accelerated, he may be granted in respect of such injury or disease, in addition to any pension, gratuity or other allowance granted under these Regulations, an annual allowance at the rate of the proportion of his emoluments at the date of his injury or contraction of the disease, as shown in the following table:
Where his capacity to contribute to his support is —
(i) slightly impaired | ... | five-sixtieths (5/60ths); |
(ii) impaired | ... | ten-sixtieths (10/60ths); |
(iii) materially impaired | ... | fifteen-sixtieths (15/60ths); |
(iv) totally destroyed | ... | twenty-sixtieths (20/60ths): |
Provided that no such allowance, together with any pension granted under these Regulations, shall exceed the limit prescribed in section 10 of the Act.
(2) The amount of the annual allowance shall be reduced to such an extent as the President shall think reasonable in the following cases:
(a)
where the person so injured or suffering from ill-health or disease has continued to serve for not less than one year after such injury, or after contracting such ill-health or disease in respect of which he retires;
(b)
where the person so injured or suffering from ill-health or disease is —
(i)
in the case of officers in the public service in Singapore at the commencement of the Act, not less than 50 years old at the date of such injury, or contraction of such ill-health or disease; and
(ii)
in the case of other officers not less than 45 years old at the date of such injury, or contraction of such ill-health or disease; or
(3) Where the person so injured or suffering from ill-health or disease holds a pensionable office and his length of service is not such as to qualify him for a pension under regulation 5, but he is qualified for a gratuity under regulation 24, he may be granted in lieu of such gratuity an annual allowance of one six-hundredth (1/600th) of his annual pensionable emoluments for each complete month of pensionable service in addition to the allowance which may be awarded to him under this regulation.
(4) An officer so injured or suffering from ill-health or disease who is not qualified for either a pension under regulation 5 or a gratuity under regulation 24 may nevertheless be granted a pension of the same amount as the additional allowance which he might have been granted if he had been so qualified.
(5) Where it appears that the person so injured would, but for this paragraph, in respect of the same injury, both be entitled to compensation under any written law relating to workmen’s compensation for the time being in force in Singapore and be eligible to receive an allowance under this regulation, he shall be required to elect whether he will receive compensation under the said written law or an allowance under this regulation. If such person elects to receive compensation under the said written law he shall receive no allowance under this regulation.
(6) Where the person so injured, having elected to receive an allowance under this regulation and having been granted such allowance, subsequently institutes proceedings under the said written law for compensation in respect of the same injury on account of which such allowance was granted, such allowance may be cancelled at any time.
(7) If an officer proceeding by a route approved by the Minister to or from Singapore at the commencement or termination of his service therein or of a period of leave therefrom, is permanently injured as the result of damage to the vessel, aircraft or vehicle in which he is travelling or of any act of violence directed against himself or against such vessel, aircraft or vehicle, and the President is satisfied that such damage or act is attributable to circumstances arising out of a war in which Singapore may be engaged, such officer shall be deemed, for the purposes of this regulation, to have been injured in the circumstances described in paragraph (1).
(8)
Where his capacity to contribute to his support is —
(a)
Where an officer is permanently injured as a result of an accident occurring to any aircraft in which he is being carried in pursuance of official instructions, he shall be deemed for the purposes of this regulation to have been injured in the actual discharge of his duty and by some injury specifically attributable to the nature of his duty.
(b)
Where an allowance may be granted in accordance with paragraph (1) when read in conjunction with sub-paragraph (a) to any person to whom sub-paragraph (a) may apply, the following table shall be substituted for that appearing in paragraph (1):
(i) slightly impaired | ... | seven and a half-sixtieths (7 ½/60ths); |
(ii) impaired ... | ... | fifteen-sixtieths (15/60ths); |
(iii) materially impaired | ..... | twenty-two and a half-sixtieths (22 ½/60ths); |
(iv) totally destroyed | ..... | thirty-sixtieths (30/60ths). |
(c)
A person shall be deemed to be carried in an aircraft in pursuance of official instructions where —
(i)
he is under a duty to be carried in such aircraft either as a member of the crew or as a passenger;
(ii)
he has received instructions to be carried in such aircraft from the Minister or the Head of his Department;
(iii)
he is entitled to travel by such aircraft in accordance with any general circular issued by authority from the office of the Minister.
(9) This regulation, other than paragraph (8), shall be deemed to have come into operation on 3rd September 1939.
(10) This regulation shall not apply in the case of a person employed or selected for employment by the Government on or after 30th April 1955 who, in consequence of injury, is entitled to compensation under the Workmen’s Compensation Act.
[19
19.—(1) Where an officer, other than a police officer, dies as a result of injuries received —
(a)
in the actual discharge of his duty;
(b)
without his own default; and
(c)
on account of circumstances specifically attributable to the nature of his duty,
while in the public service in Singapore, whether serving in a pensionable or non-pensionable office, it shall be lawful for the President to grant, in addition to the gratuity, if any, granted in accordance with section 16 of the Act —
(i)
if the deceased officer leaves a widow, a pension to her, while unmarried and of good character, at a rate not exceeding ten-sixtieths (10/60ths) of his annual pensionable emoluments at the date of the injury or $240 a year, whichever is the greater;
(ii)
if the deceased officer leaves a widow to whom a pension is granted under sub-paragraph (i) and a child or children, a pension in respect of each child, until such child attains the age of 18 years, of an amount not exceeding one-thirtieth (1/30th) of his annual pensionable emoluments but not less than $60 a year;
(iii)
if the deceased officer leaves a child or children, but does not leave a widow or no pension is granted to the widow, a pension in respect of each child, until such child attains the age of 18 years, of double the amount prescribed by sub-paragraph (ii);
(iv)
if the deceased officer leaves a child or children and a widow to whom a pension is granted under sub-paragraph (i), and the widow subsequently dies, or remarries, a pension in respect of each child as from the date of the death or re-marriage of the widow until such child attains the age of 18 years, of double the amount prescribed in sub-paragraph (ii);
(v)
if the deceased officer does not leave a widow, or if no pension is granted to his widow, and if his mother was wholly or mainly dependent on him for her support a pension to the mother, while of good character and without adequate means of support, of an amount not exceeding the pension which might have been granted to his widow:
Provided that —
(a)
in the case of a pension granted under sub-paragraph (v), if the mother is a widow at the time of the grant of the pension and subsequently re-marries such pension shall cease as from the date of re-marriage; and if it appears to the President at any time that the mother is adequately provided with other means of support, such pension shall cease as from such date as the President may determine;
(b)
a pension granted to a female child under this paragraph shall cease upon the marriage of such child under the age of 18 years;
(c)
a pension shall not be payable under this regulation at any time in respect of more than 6 children:
Provided that the President may in cases of hardship authorise payment of pensions in respect of more than 6 children;
(d)
this paragraph shall not apply in the case of the death of any officer if his dependants, as defined in any written law relating to workmen’s compensation for the time being in force in Singapore are entitled to compensation under the said written law.
(2) In the case of an officer not holding a pensionable office, “pensionable emoluments” in this regulation shall mean the emoluments enjoyed by him which would have been pensionable emoluments if the office held by him had been a pensionable office.
(3) For the purposes of this regulation, “child” shall include —
(a)
a posthumous child;
(b)
a step-child or illegitimate child born before the date of the injury and wholly or mainly dependent upon the deceased officer for support; and
(c)
an adopted child, adopted in accordance with any statutory provision before the date of injury, and dependent as aforesaid.
(4) If an officer proceeding by a route approved by the Minister to or from Singapore at the commencement or termination of his service therein, or of a period of leave therefrom dies as a result of damage to the vessel, aircraft or vehicle, in which he is travelling or of any act of violence directed against himself or against such vessel, aircraft or vehicle, and the President is satisfied that such damage or act is attributable to circumstances arising out of a war in which Singapore may be engaged, such officer shall be deemed, for the purposes of this regulation, to have died in the circumstances described in paragraph (1).
(5) When an officer dies as a result of injuries received in an accident occurring to any aircraft in which he is being carried in pursuance of official instructions, as defined in regulation 18 (8) (c), he shall be deemed to have died as a result of injuries received in the actual discharge of his duty and on account of circumstances specifically attributable to the nature of his duty, and in calculating any pension payable under this regulation in respect of such officer paragraph (1) (i) shall be read as if the words “fifteen-sixtieths (15/60ths)” had been substituted for the words “ten-sixtieths (10/60ths)” appearing therein and sub-paragraph (ii) of the said paragraph as if the words “one-sixth (1/6th)” had been substituted for the words “one-thirtieth (1/30th)” appearing therein.
(6) This regulation, other than paragraph (5), shall be deemed to have come into operation on 3rd September 1939.
(7) Where an officer other than a police officer —
(a)
sustains a partial disablement or total disablement from an injury; or
(b)
dies as a result of the injuries received in special circumstances,
which, in the opinion of the President, justify exceptional treatment, regulations 20 and 21 shall apply in lieu of this regulation as if such officer were a police officer.
20.—(1) Where a police officer is injured in any of the following circumstances:
(a)
whilst on duty or whilst on a journey necessary to enable him to report for duty or to return home after duty;
(b)
whilst not on duty in the performance of some act which is within the scope of a constable’s ordinary duties;
(c)
in consequence of some act performed in the execution of his duty; or
(d)
whilst acting as a fireman, or assisting in the extinguishment of fire, or in protecting life or property from fire,
he shall be deemed to have sustained an injury in the execution of his duty.
(2) For the purposes of this regulation, “total disablement” means total loss of earning capacity in any employment, and, in the case of partial disablement, the degree of disablement shall be based upon the degree to which earning capacity is affected.
(3) Any injury intentionally inflicted, or incurred in the performance of a duty involving special risks, shall be deemed to be a non-accidental injury.
(4) Where a police officer sustains a total disablement from an injury received in the execution of his duty, it shall be lawful for the President to grant him —
(a)
if the injury is non-accidental, such proportion of the annual pay as is specified in Scale No. 1 of Schedule A;
(b)
if the injury is accidental, such proportion of the annual pay as is specified in Scale No. 2 of Schedule A; or
(c)
if it is not possible to determine definitely whether the injury is accidental or non-accidental, such rate intermediate between the rates prescribed in sub-paragraphs (a) and (b) as the Commissioner of Police may determine.
(5) Where a police officer sustains a partial disablement from an injury received in the execution of his duty, it shall be lawful for the President to grant him any of the following:
(a)
such proportion of the pension applicable in case of total disablement as the degree of disablement bears to total disablement:
Provided that the pension shall not be less than such proportion of the annual pay as is specified if the injury was non-accidental in Scale No. 3 in Schedule A, and otherwise in Scale No. 4 in that Schedule, and that the minimum pension so payable shall be $20 per month plus such amount as would from time to time be payable to a member of the Force in the same rank in respect of children’s allowances;
(b)
in cases recommended by the Commissioner of Police on the grounds of exceptional merit a gratuity of an amount not exceeding one year’s salary calculated at the rate of salary drawn by the disabled member of the Force at the time of the receipt of the injury.
(6) Where a police officer dies as a result of injuries received in the execution of his duties, it shall be lawful for the President to grant, in addition to the gratuity, if any granted in accordance with section 16 of the Act —
(a)
if the deceased officer leaves a widow, a pension to her, while unmarried and of good character, at the rate of one-third (1/3rd) of his annual pensionable emoluments at the date of the injury: Provided that the minimum pension so payable shall be $240 a year;
(b)
if the deceased officer leaves a widow to whom a pension is granted under sub-paragraph (a) and a child or children, a pension in respect of each child, until such child attains the age of 18 years, at the rate of one-fifteenth (1/15th) of his annual pensionable emoluments;
(c)
if the deceased officer leaves a child or children but does not leave a widow or no pension is granted to the widow, a pension in respect of each child, until such child attains the age of 18 years, at the rate of two-fifteenths (2/15ths) of his annual pensionable emoluments;
(d)
if the deceased officer leaves a child or children and a widow to whom a pension is granted under sub-paragraph (a), and the widow subsequently dies or remarries, a pension in respect of each child as from the date of the death or re-marriage of the widow, until such child attains the age of 18 years, at the rate of two-fifteenths (2/15ths) of his annual pensionable emoluments;
(e)
if the deceased officer leaves a widow to whom a pension is granted under sub-paragraph (a), a pension at the rate of one-eighth (1/8th) of his annual pensionable emoluments may be paid to his mother, or, where his mother is dead, to his father, while of good character and without adequate means of support, if his mother, or, as the case may be, his father, was wholly or mainly dependent on him for support at the time of his death;
(f)
if the deceased officer does not leave a widow, or if no pension is granted to his widow, a pension at the rate of one-fourth (1/4th) of his annual pensionable emoluments may be paid to his mother, or, where his mother is dead, to his father, while of good character and without adequate means of support, if his mother, or, as the case may be, his father, was wholly or mainly dependent on him for support at the time of his death:
Provided that —
(i)
in the case of a pension granted under sub-paragraphs (e) and (f), if the mother is a widow, at the time of the grant of the pension and subsequently re-marries such pension shall cease as from the date of re-marriage; and if it appears to the President at any time that the mother, or, as the case may be, the father, is adequately provided with other means of support, such pension shall cease as from such date as the President may determine;
(ii)
a pension granted to a female child under this regulation shall cease upon the marriage of such child under the age of 18 years;
(iii)
a pension shall not be payable under this regulation at any time in respect of more than 6 children:
Provided that the President may in cases of hardship authorise payment of pensions in respect of more than 6 children;
(iv)
this regulation shall not apply in the case of the death of any officer if his dependants, as defined in any written law relating to workmen’s compensation for the time being in force in Singapore are entitled to compensation under the said written law.
[21
21.—(1) Where a police officer dies as a result of injuries received in the execution of his duties it shall be lawful for the President to grant to such of his dependants as he may think fit, or if there are no dependants to his legal personal representatives, in addition to the gratuity payable under section 16 of the Act and any pension payable to his dependants in accordance with regulation 20 (6), compensation equivalent to the difference between the sum which the police officer would be entitled to under the Workmen’s Compensation Act, as if he was a workman under that Act and the gratuity granted to the police officer under section 16 of the Act.
(2) Where a police officer who has completed 10 years of service sustains a permanent total disablement from an injury received in the execution of his duty which enables him to qualify for a pension under regulation 20 (4), he may elect to be paid a compensation in lieu of the said pension, in which event it shall be lawful for the President to grant to the police officer as compensation —
(a)
a sum equivalent to the amount calculated under the Workmen’s Compensation Act, as if he was a workman under that Act; or
(b)
a sum equivalent to the gratuity computed under section 16 of the Act as if he had died from the injury,
whichever is the greater.
(3) If a police officer, who has completed 10 years of service and has been retired on account of a permanent total disablement arising from an injury received in the execution of his duty and has been receiving a pension under regulation 20, dies within 5 years from the date he received the injury, it shall be lawful for the President to grant, subject to paragraph (4), to such of his dependants as he may think fit, or if there are no dependants, to his legal personal representatives —
(a)
a pension in accordance with regulation 20 (6) as if he had died from the injury; and
(b)
as compensation —
(i)
a sum equivalent to the amount which the police officer would have received under the Workmen’s Compensation Act, as if he had died as a result of the injury and as if he was a workman under that Act; or
(ii)
a sum equivalent to the gratuity computed under section 16 of the Act as if he had died from the injury,
whichever is the greater.
(4) Any compensation payable to the dependants or the legal personal representatives of a deceased police officer under paragraph (3) (b) shall be reduced by the aggregate amount of the pension already paid to the deceased police officer pursuant to regulation 5 from the date of his retirement to the date of his death; and where the aggregate amount of such pension exceeds the compensation payable under paragraph (3) (b), such excess amount shall, subject to paragraph (5), be recoverable by regular monthly deductions from the pension payable to the dependants of the deceased pensioner pursuant to regulation 20 (6).
(5) Any deduction made from the pension payable to the dependants of a deceased pensioner pursuant to paragraph (4) should, if it is reasonably practicable, leave a balance adequate for the maintenance of the dependants.
(6) Where a police officer in the pensionable service who has completed less than 10 years of service sustains a permanent total disablement from an injury received in the execution of his duty, it shall be lawful for the Presidentto grant to such officer, in addition to a pension payable under regulation 20, as compensation —
(a)
a sum equivalent to the amount calculated under the Workmen’s Compensation Act, as if death has resulted from the injury and as if he was a workman under that Act; or
(b)
a sum equivalent to the gratuity computed under section 16 of the Act as if he had died from the injury,
whichever is the greater.
[S 236/86]
(7) Any police officer who receives any compensation payable under paragraph (6) shall not be entitled to receive any benefits payable under regulation 24.
(8) Where a police officer, who is on the provident fund scheme applicable to non-pensionable employees of the Government under the Central Provident Fund Act [Cap. 36] and who has completed less than 10 years of service, sustains a permanent total disablement from an injury received in the execution of his duty which enables him to qualify for a pension under regulation 20 (4), he may elect to be paid a compensation in lieu of the said pension, in which event it shall be lawful for the President to grant to the police officer as compensation —
(a)
a sum equivalent to the amount calculated under the Workmen’s Compensation Act as if he was a workman under that Act; or
(b)
a sum equivalent to the gratuity computed under section 16 of the Act as if he had died from the injury,
whichever is the greater.
[S 236/86]
(9) Where a police officer sustains a permanent partial disablement from an injury received in the execution of his duty and is entitled to a pension payable under regulation 20 (5), he may elect to be paid a compensation in lieu of the said pension, in which event it shall be lawful for the President to grant to the officer as compensation a sum equivalent to the amount calculated for permanent partial disablement under the Workmen’s Compensation Act, as if he was a workman under that Act.
(10) In any case where a police officer, or on his death his dependants or legal personal representatives, is or are entitled to receive any benefits under section 16 of the Act or under these Regulations, it shall be lawful for the President on the grounds of exceptional circumstances to increase the amount of benefits payable by another 30%.
(11) The aggregate amount of any pension and the additional 30% of such pension payable to the police officer or his dependants under paragraph (9) shall not exceed the officer’s last drawn pensionable emoluments.
[21A
22.—(1) An officer holding a non-pensionable office or a pensionable office on a temporary month-to-month basis or on monthly salary who retires in circumstances in which he might have been granted a pension had he held a pensionable office may, if he has continuously served in the Government for not less than 15 years, be granted an annual allowance not exceeding —
(a)
in the case of an officer whose service has been continuously in the public service of Singapore or of a Rural Board; or
(b)
his service has been partly in the service of Singapore and partly in the service of a Rural Board but has nevertheless been continuous,
three-fourths (3/4ths) of the pension which he might have been granted had he been employed in a pensionable office.
(2) In lieu of such annual allowance there may be paid to such officer, with the approval of the President, a capital sum equal to the amount of five of such annual payments, but no such capital sum shall ordinarily be paid in any case of retirement on the ground of ill-health:
Provided that no such capital sum shall be paid to any officer who elects to receive a gratuity and a reduced annual allowance in accordance with paragraph (3).
(3) Regulation 15 shall apply to an annual allowance granted under paragraph (1), and in its application thereto references to “pension” in that regulation shall be read as references to “annual allowance”, except that the reduced annual allowance to be granted to an officer shall be at the rate of three-fourths (3/4ths) of his annual allowance and his commuted annual allowance gratuity shall be equal to 12 ½ times the annual value of the reduction so made in his allowance.
(4) This regulation shall not apply to any officer appointed to the public service on or after 7th December 1984.
23. Where an officer has been transferred from a pensionable office to a non-pensionable office then at the option of such officer —
(a)
his service in the non-pensionable office may be reckoned as though it were service in a pensionable office at the pensionable emoluments payable to him immediately prior to such transfer; or
(b)
his service in the pensionable office may be reckoned as though it were service in a non-pensionable office.
24. Every officer, otherwise qualified for a pension, who has not completed the minimum period of service qualifying for a pension, may be granted on retirement a gratuity not exceeding five-six-hundredths (5/600ths) of his annual pensionable emoluments in respect of each complete month of pensionable service.
25.—(1) A gratuity or annual allowance may, on his retirement in the circumstances described in the first column of Schedule B, be granted to any officer holding a non-pensionable office or a pensionable office on a temporary month-to-month basis to whom regulation 22 does not apply.
(2) The gratuity or annual allowance shall be computed in accordance with Schedule B.
(3) Paragraphs (1) and (2) shall be deemed to have come into operation on 1st July 1956.
(4) This regulation shall not apply to any officer appointed to the public service on or after 7th December 1984.
26. It shall be a condition of the grant of every pension or other allowance that the President may cancel or reduce it if it be shown to have been obtained by the wilful suppression of material facts or to have been granted in ignorance of facts which, had they been known before the retirement of the officer, would have justified his dismissal or a reduction of his salary.
27. Where the salary attached to any office is temporarily reduced for reasons of public economy, all pensions, gratuities and other allowances shall be calculated on the normal rate of salary and not on the rate to which such salary has been temporarily reduced.