PART 2 | Establishment of INVEST Plan |
3.—(1) The Minister must by regulations establish an occupational superannuation scheme to be known as the INVEST Plan for the benefit of —| (a) | all civil defence officers appointed on or after the commencement of the regulations; | | (b) | all narcotics officers appointed on or after the commencement of the regulations; | | (c) | all police officers appointed on or after the commencement of the regulations; | | (d) | all prison officers appointed on or after the commencement of the regulations; and | | (e) | all intelligence officers who are appointed on or after the commencement of the regulations, including those who were members immediately before becoming intelligence officers, |
| who will or (as the case may be) continue to be members of the scheme. |
(2) The regulations made under subsection (1) must provide for the payment of —| (a) | any gratuity, allowance, superannuation or other like benefit to members of the INVEST Plan, or to their legal personal representatives or dependants, on the death of the member in service or on the resignation, retirement or discharge of the member from the service; | | (b) | any pension, gratuity, allowance, compensation or other benefit in respect of the death of or injuries received by any member of the INVEST Plan in and which are attributable to service; and | | (c) | any allowance, subsidy or other benefit to such former members of the INVEST Plan as may be prescribed after their retirement from the uniformed services. |
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(3) The regulations made under subsection (1) may provide —| (a) | for the payment of contributions by the Board in respect of each member, and different rates of contributions may be prescribed for different classes of uniformed service officers who are members; and | | (b) | for the age or ages at which a member may retire or be retired from the service. |
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| Conversion of existing officers to INVEST Plan |
4.—(1) Subject to subsection (3), in making regulations under section 3(1), the Minister must also provide —| (a) | for every civil defence officer, narcotics officer, police officer or prison officer who is appointed before the commencement of those regulations and who, immediately prior to the commencement, is eligible (whether on retirement or in respect of death or injury in or attributable to service) for any pension, gratuity or other allowance under the Pensions Act 1956; and | | (b) | for every officer who is appointed before the commencement of those regulations to the Civil Defence Service, the Narcotics Service, the Police Service or the Prisons Service on a contract for a term and who, immediately prior to the commencement, is eligible for any gratuity or other like benefit under the contract, |
| an option to join the INVEST Plan as a member and for the terms and conditions of the option. |
[35/2019] (2) Subject to subsection (3), the regulations made under section 3(1) in relation to the officers referred to in subsection (1) must provide —| (a) | in the case of a uniformed service officer referred to in subsection (1)(a), that any such officer who opts to join the INVEST Plan ceases to be eligible to benefits under the Pensions Act 1956 but remains eligible under the INVEST Plan to benefits not less in value than the amount of any pension, gratuity or other allowance for which he or she would have been granted under the Pensions Act 1956 if he or she retired from service, or was injured or died in service, on the date immediately prior to his or her joining the INVEST Plan; and | | (b) | in the case of an officer referred to in subsection (1)(b), that any such officer who opts to join the INVEST Plan remains eligible to benefits not less in value than the amount of any gratuity or other like benefit for which he or she would have been granted under his or her contract if he or she had completed his or her term of service under the contract on the date immediately prior to his or her joining the INVEST Plan. |
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| (3) Any option exercised by any officer before the commencement of the regulations to join or not to join the INVEST Plan is deemed to be exercised in accordance with the regulations made under this section. |
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| 5. No member has an absolute right to compensation for past services or to any pension, gratuity, allowance or other benefit under the INVEST Plan. |
| Reduction, etc., of benefits |
6.—(1) Nothing in this Act limits the right of the relevant appointing authority to dismiss any member from the uniformed services without compensation.| (2) Subject to Article 113 of the Constitution, where it is established to the satisfaction of the relevant authority that a member has been guilty of negligence, irregularity or misconduct, it is lawful for the relevant authority to reduce or altogether withhold the pension, gratuity, allowance or other benefit for which the member would but for this section have become eligible under the INVEST Plan. [4/2014] |
(3) In subsection (1), “relevant appointing authority” means —| (a) | in the case of a member who is a junior police officer — the Commissioner of Police; and | | (b) | in the case of a member who is a civil defence officer, an intelligence officer, a narcotics officer, a prison officer or a senior police officer — the Public Service Commission or any of its delegates. [4/2014] |
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(4) In subsection (2), “relevant authority” means —| (a) | in the case of a member who is a junior police officer — the Commissioner of Police; and | | (b) | in the case of a member who is a civil defence officer, an intelligence officer, a narcotics officer, a prison officer or a senior police officer — a Permanent Secretary to the Ministry of Home Affairs or any of his or her delegates. [4/2014] |
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| Non-assignability or attachment, etc., of benefits |
7. No payment, allowance or other benefit payable under the INVEST Plan (whether on death, retirement or resignation of a member or otherwise), and no contribution by the Government made under the INVEST Plan and no interest thereon shall be assignable or transferable, or liable to be garnished, attached, sequestered or levied upon for or in respect of any debt or claim, other than —| (a) | a debt due to the Government; or | | (b) | an order of court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child (whether legitimate or not) of the member to whom the payment, allowance or other benefit has been granted. |
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| Effect of bankruptcy on benefits |
| 8.—(1) No contribution by the Government made under the INVEST Plan and no interest thereon shall be subject to the debts of any member, nor shall such contributions and interest pass to the Official Assignee on the bankruptcy of the member, and if the member is adjudicated a bankrupt or is declared insolvent by a court of law, the contributions and interest must be deemed excluded from the property of the bankrupt for the purposes of the Insolvency, Restructuring and Dissolution Act 2018. [40/2018] | (2) If, at the date of his or her retirement or resignation from the uniformed services, any member has been adjudged a bankrupt by judgment of a court of competent jurisdiction, whether in Singapore or elsewhere, and he or she has not obtained a discharge from the adjudication or declaration, it is lawful for an award officer to refuse to grant any pension, gratuity or other allowance which would, if not for this subsection, be granted. |
| (3) If any person to whom a pension or other allowance has been granted under this Act is adjudicated a bankrupt by judgment of a court of competent jurisdiction, whether in Singapore or elsewhere, the Minister may direct that the pension or allowance must forthwith cease, and the pension or allowance then ceases accordingly. |
(4) In any case where, by reason of bankruptcy of the former member, a pension, gratuity or allowance is not granted or where a pension or allowance ceases by virtue of a direction under subsection (3), the Minister may, from time to time, during the remainder of the member’s or former member’s life, or during such shorter period or periods, either continuous or discontinuous, as the Minister thinks fit, cause all or any part of the moneys to which the person would have been entitled by way of pension, gratuity or allowance, had the person not become a bankrupt, to be paid to, or applied for the maintenance and personal support or benefit of, all or any (to the exclusion of the others) of the following persons in such proportions and manner as the Minister thinks proper:| (a) | the member or former member; | | (b) | any wife, child or children of the member or former member. |
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| (5) When a person to whom a pension or allowance has not been granted or whose pension or allowance has ceased under this section obtains a full and proper discharge from his or her bankruptcy, his or her pension or allowance must be restored to him or her with effect from the date of the discharge. |
| (6) For the purposes of subsection (4), moneys applied for the discharge of the debts of the member or former member (as the case may be) are regarded as applied for his or her benefit. |
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| Benefits to cease on conviction |
9.—(1) If any person to whom a pension or other allowance has been granted under this Act is sentenced to death or penal servitude or any term of imprisonment by any court of competent jurisdiction, whether in Singapore or elsewhere, for any crime or offence, the Minister may direct that the pension or allowance must forthwith cease, and the pension or allowance then ceases accordingly.| (2) Despite subsection (1), any pension or allowance that has ceased by virtue of a direction under subsection (1) must be restored with retrospective effect in the case of a person who, after conviction, at any time receives a free pardon. |
| (3) Where a pension or allowance ceases by virtue of a direction under subsection (1), the Minister may cause all or any part of moneys to which the person would have been entitled by way of pension or allowance to be paid to or applied for the benefit of the person’s wife, child or children, or after the expiration of the person’s sentence, also for the benefit of himself or herself, in the same manner precisely and subject to the same qualifications and restrictions as in the case of bankruptcy provided in section 8. |
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| Benefits not part of member’s estate |
| 10. Subject to the provisions of any regulations made under this Part, all moneys paid or payable under the INVEST Plan on the death of a member are deemed to be subject to a trust in favour of the persons entitled thereto under the will or intestacy of the deceased member and are not deemed to form part of his or her estate or subject to the payment of his or her debts but are deemed to be property passing on his or her death for the purposes of the Estate Duty Act 1929. |
| Recovery of benefits granted in ignorance of disqualifying facts |
| 11. It is a condition of the grant of every pension, gratuity, allowance or other benefit under the INVEST Plan that the Government may recover, cancel or reduce the grant if it is 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 or resignation of the member, would have justified his or her dismissal or a reduction of his or her salary. |
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