| Pension, Gratuity and Allowance |
| Gratuity and reduced pension for Gurkha |
14.—(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 7 December 1984, be paid a reduced pension at the rate of three-fourths (¾ths) of such pension together with a commuted pension gratuity equal to 12½ times the annual value of the reduction so made in the pension; or | | (b) | in the case of an officer retiring on or after 7 December 1984, be paid a reduced pension together with a commuted pension gratuity of an amount equal to one one-hundred-and-twentieth (1/120th) of the officer’s one year’s pensionable emoluments in respect of each complete month of pensionable service subject to a maximum of the officer’s pensionable emoluments for 3 years. |
| (2) The reduced pension to be granted under paragraph (1)(b) is the amount of the officer’s annual pension less two twenty-fifths (2/25ths) of the gratuity granted to him or her. |
| (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 the officer 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 the officer’s 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. |
| (6) Notwithstanding paragraph (5), if the officer has not exercised the option under paragraph (4) before the day preceding the date of the officer’s retirement, the relevant Pension Authority 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 date of award of a pension to the officer. |
| (7) If an officer who has exercised the option under paragraph (4) dies after the officer has finally retired but before a pension has been awarded to him or her, it is lawful for the relevant Pension Authority to grant a gratuity and a reduced pension, as if the officer before his or her death had not exercised the option. |
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15.—(1) Subject to these Regulations, an officer to whom a pension is granted under the Act may, at his or her option exercisable in accordance with this regulation, be paid —| (a) | in the case of an officer appointed before and retiring on or after 1 January 1995 —| (i) | a full pension without any gratuity; | | (ii) | a reduced pension together with a gratuity ascertained in accordance with regulation 16; or | | (iii) | a commuted pension gratuity ascertained in accordance with regulation 16 without any pension; or |
| | (b) | in the case of an officer appointed on or after 1 January 1995 —| (i) | a full pension without any gratuity; or | | (ii) | a commuted pension gratuity ascertained in accordance with regulation 16 without any pension. |
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| (2) The option must 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 before the day preceding the date of his or her retirement, the relevant Pension Authority 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 or her. |
| (3) If an officer has exercised the option, the officer’s decision is, subject to paragraph (5), irrevocable so far as concerns any pension or gratuity to be granted to him or her under the Act. |
| (4) An officer who has not exercised an option in accordance with this regulation is deemed to have opted to receive a commuted pension gratuity ascertained in accordance with regulation 16 without any pension. |
| (5) An officer who is paid a reduced pension pursuant to his or her option exercised in accordance with this regulation shall, after the expiration of 12 years and 6 months from the date he or she 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 16, the commuted pension gratuity is, unless suspended, payable as follows:| (a) | subject to paragraph (7), 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 the officer’s service, and the total amount payable by the Government to the Central Provident 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, must be paid to the officer’s account in the Central Provident Fund; and | | (b) | the balance of the commuted pension gratuity must be paid to the officer. |
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| (7) Where the commuted pension gratuity ascertained in accordance with regulation 16 is less than the sum referred to in paragraph (6)(a), the entire commuted pension gratuity must be paid to the officer’s account in the Central Provident Fund. |
| (8) 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 must not include reference to any amount thereof which is recoverable from the officer’s salary under the Central Provident Fund Act 1953. |
| (9) This regulation does not apply to a Gurkha serving in the Gurkha Contingent of the Singapore Police Force. |
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| Reduced pension plus gratuity and commuted pension gratuity |
16.—(1) The reduced pension and gratuity referred to in regulation 15(1)(a)(ii) is —| (a) | a reduced pension equal to the amount of the officer’s annual pension less two twenty-fifths (2/25ths) of the gratuity specified in sub‑paragraph (b); and | | (b) | a gratuity equal to one one-hundred-and-twentieth (1/120ths) of his or her one year’s pensionable emoluments in respect of each complete month of pensionable service subject to a maximum of his or her pensionable emoluments for 3 years. |
(2) The commuted pension gratuity referred to in regulation 15(1)(a)(iii) and (b)(ii) is —| (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 or her minimum age in the circumstances described in section 11(2)(e) or (i) of the Act, a capital sum ascertained in accordance with sub‑paragraph (a), from which sum there must be a discount at the relevant discount rate in respect of each year or part thereof falling between the day he or she will attain his or her minimum age and either the date of his or her retirement or the date to which the gratuity is suspended under section 11(4) of the Act, whichever is the later date. |
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(3) In this regulation —| “commutation factor” means 175.14; |
| “discount rate” means 5%; |
| “minimum age” has the same meaning as in section 11(6) 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 or her appointment to such public service, whichever is the more favourable; and for this purpose, all officers appointed to the public service in Singapore before 1 January 1995 are deemed to be appointed to the public service in Singapore on that date. |
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| Case of pensioner re-employed |
17.—(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 or her pension may, if the relevant Pension Authority thinks fit, be suspended during the period of his or her 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 or she may be granted a pension, he or she may be granted, subject to paragraph (3) and in lieu of his or her previous pension or gratuity, a pension computed as if the periods of his or her service had been continuous, and such pension may be based on his or her pensionable emoluments at the date of his or her previous or his or her final retirement from the service of the Government, whichever is the greater. |
(3) Notwithstanding paragraph (2) —| (a) | if on his or her previous retirement the officer was granted a gratuity and reduced pension, there must 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; or | | (b) | if on his or her previous retirement the officer was granted a gratuity only, there must 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. |
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| Abolition or reorganisation of office |
18.—(1) If an officer holding a pensionable office retires or is removed from the public service in consequence of the abolition of his or her office or for the purpose of facilitating improvement in the department in which he or she belongs by which greater efficiency or economy can be effected, he or she may be granted a pension at the rate of —| (a) | one five-hundredth (1/500th) of his or her annual pensionable emoluments in respect of each complete month of pensionable service until two‑hundred-and-forty five-hundredths (240/500ths) is reached; and | | (b) | one six-hundredth (1/600th) in respect of each complete month of pensionable service in excess of 240 months. |
| (2) A pension must not be granted under this regulation exceeding in amount the pension for which the officer would have been eligible under regulation 4 if he or she had continued to hold his or her office until he or she reached the age at which he or she might be required to retire, or the maximum pension prescribed in section 14 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. |
| (4) If an officer is not qualified for other employment in the service of Singapore or if there is no reason in the opinion of the relevant Pension Authority to expect that he or she can shortly be re-employed, a pension may be granted to him or her free from the condition mentioned in paragraph (3). |
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| Application of regulations 20 to 23 to all officers |
| 19. Unless otherwise expressly provided, regulations 20 to 23 apply to all officers in the public service in Singapore, whether appointed before or after 1 April 1986. |
| Allowance for injured officers |
20.—(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 or her duty, without his or her own fault, by some injury specifically attributable to the nature of his or her duty; | | (b) | has been permanently injured in special circumstances which, in the opinion of the relevant Pension Authority, justify exceptional treatment; or | | (c) | contracts a disease to which he or she is specifically exposed by the nature of his or her duty, not being a disease wholly or mainly due to or seriously aggravated by his or her own serious and culpable negligence or misconduct, |
| and his or her retirement, on the recommendation of a medical board or of a medical practitioner approved by the relevant Pension Authority, is thereby necessitated or materially accelerated, the person 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 or her emoluments at the date of his or her injury or contraction of the disease, as shown in the following table: |
| where his or her capacity to contribute to his or her support is — |
| | | five-sixtieths (5/60ths); |
| | | | ten-sixtieths (10/60ths); |
| | | | fifteen-sixtieths (15/60ths); |
| | | | twenty-sixtieths (20/60ths). |
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| (2) No allowance granted under paragraph (1), together with any pension granted under these Regulations, shall exceed the limit prescribed in section 14 of the Act. |
(3) The amount of the annual allowance must be reduced to such an extent as the relevant Pension Authority thinks 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 or she 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 on 1 July 1956, 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 |
| | (c) | where such injury, ill health or disease is not the sole cause of retirement, but the retirement is caused partly by age or infirmity not due to such injury, ill health or disease. |
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| (4) Where the person so injured or suffering from ill health or disease holds a pensionable office and his or her length of service is not such as to qualify him or her for a pension under regulation 4, but he or she is qualified for a gratuity under regulation 26, he or she may be granted in lieu of such gratuity an annual allowance of one six‑hundredth (1/600th) of his or her annual pensionable emoluments for each complete month of pensionable service in addition to the allowance which may be awarded to him or her under this regulation. |
| (5) An officer so injured or suffering from ill health or disease who is not qualified for either a pension under regulation 4 or a gratuity under regulation 26 may nevertheless be granted a pension of the same amount as the additional allowance which he or she might have been granted if he or she had been so qualified. |
(6) Where it appears that the person so injured would, but for this paragraph, in respect of the same injury, be —| (a) | entitled to compensation under the Work Injury Compensation Act 2019 or the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by that Act (called in these Regulations the relevant Work Injury Compensation Act); and | | (b) | eligible to receive an allowance under this regulation, |
| he or she shall be required to elect whether he or she will receive compensation under that Act or an allowance under this regulation. |
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| (7) If the person elects under paragraph (6) to receive compensation under the relevant Work Injury Compensation Act, he or she must receive no allowance under this regulation. |
| (8) 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 relevant Work Injury Compensation Act in respect of the same injury on account of which such allowance was granted, such allowance may be cancelled at any time. |
(9) If —| (a) | an officer proceeding by a route approved by the Minister to or from Singapore at the commencement or termination of his or her 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 or she is travelling or of any act of violence directed against himself or herself or against such vessel, aircraft or vehicle; and | | (b) | the relevant Pension Authority is satisfied that such damage or act is attributable to circumstances arising out of a war in which Singapore may be engaged, |
| the officer is deemed, for the purposes of this regulation, to have been injured in the circumstances described in paragraph (1). |
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| (10) Where an officer is permanently injured as a result of an accident occurring to any aircraft in which he or she is being carried in pursuance of official instructions, he or she is deemed for the purposes of this regulation to have been injured in the actual discharge of his or her duty and by some injury specifically attributable to the nature of his or her duty. |
(11) Where an allowance may be granted in accordance with paragraph (1) when read in conjunction with paragraph (10) to any person to whom paragraph (10) may apply, the following table shall be substituted for that appearing in paragraph (1):| where his or her capacity to contribute to his or her support is — |
| | | seven and a half‑sixtieths (71/2/60ths); |
| | | | fifteen-sixtieths (15/60ths); |
| | | | twenty-two and a half‑sixtieths (221/2/60ths); |
| | | | thirty-sixtieths (30/60ths). |
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(12) A person shall be deemed to be carried in an aircraft in pursuance of official instructions where —| (a) | he or she is under a duty to be carried in such aircraft either as a member of the crew or as a passenger; | | (b) | he or she has received instructions to be carried in such aircraft from the Minister or the Head of his or her Department; | | (c) | he or she is entitled to travel by such aircraft in accordance with any general circular issued by authority from the office of the Minister. |
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| (13) This regulation, other than paragraphs (10), (11) and (12), is deemed to have come into operation on 3 September 1939. |
| (14) This regulation does not apply in the case of a person employed or selected for employment by the Government on or after 30 April 1955 who, in consequence of injury, is entitled to compensation under the relevant Work Injury Compensation Act. |
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| Pensions, etc., to dependants when officer is killed on duty |
21.—(1) Where an officer (other than a police officer) dies as a result of injuries received —| (a) | in the actual discharge of his or her duty; | | (b) | without his or her own default; and | | (c) | on account of circumstances specifically attributable to the nature of his or her duty, |
| while in the public service in Singapore, whether serving in a pensionable or non‑pensionable office, the relevant Pension Authority may grant, in addition to the gratuity, if any, granted in accordance with section 20 of the Act — |
| (d) | if the deceased officer leaves a widow, a pension to the widow, while unmarried and of good character, at a rate not exceeding ten‑sixtieths (10/60ths) of the deceased’s annual pensionable emoluments at the date of the injury or $240 a year, whichever is the greater; | | (e) | if the deceased officer leaves a widow to whom a pension is granted under sub‑paragraph (d) 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 the deceased’s annual pensionable emoluments but not less than $60 a year; | | (f) | 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 (e); | | (g) | if the deceased officer leaves a child or children and a widow to whom a pension is granted under sub-paragraph (d), and the widow subsequently dies or remarries, a pension in respect of each child as from the date of the death or remarriage of the widow, until such child attains the age of 18 years, of double the amount prescribed in sub‑paragraph (e); or | | (h) | if the deceased officer does not leave a widow, or if no pension is granted to the deceased’s widow, and if the deceased’s mother was wholly or mainly dependent on the deceased 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 the deceased’s widow. |
(2) Notwithstanding paragraph (1) —| (a) | in the case of a pension granted under paragraph (1)(h), if the mother is a widow at the time of the grant of the pension and subsequently remarries, the pension must cease as from the date of remarriage; and if it appears to the relevant Pension Authority at any time that the mother is adequately provided with other means of support, the pension must cease as from such date as the relevant Pension Authority may determine; | | (b) | a pension granted to a female child under paragraph (1) must cease upon the marriage of such child below the age of 18 years; | | (c) | a pension must not be payable under this regulation at any time in respect of more than 6 children, but the relevant Pension Authority may in cases of hardship authorise payment of pensions in respect of more than 6 children; and | | (d) | paragraph (1) does not apply in the case of the death of an officer if —| (i) | any dependant of the officer (within the meaning of the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by the Work Injury Compensation Act 2019) is entitled to compensation under the repealed Work Injury Compensation Act (Cap. 354, 2009 Revised Edition); or | | (ii) | any relative of the officer (within the meaning of the Work Injury Compensation Act 2019) is entitled to compensation under that Act. |
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(3) In this regulation —“child” includes —| (a) | a posthumous child; | | (b) | a stepchild 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 upon the deceased officer for support; |
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| “pensionable emoluments”, in relation to an officer not holding a pensionable office, means the emoluments enjoyed by the officer which would have been pensionable emoluments if the office held by the officer had been a pensionable office. |
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(4) If —| (a) | an officer proceeding by a route approved by the Minister to or from Singapore at the commencement or termination of his or her service therein, or of a period of leave therefrom dies as a result of damage to the vessel, aircraft or vehicle, in which he or she is travelling or of any act of violence directed against himself or herself or against such vessel, aircraft or vehicle; and | | (b) | the relevant Pension Authority is satisfied that such damage or act is attributable to circumstances arising out of a war in which Singapore may be engaged, |
| the officer is deemed, for the purposes of this regulation, to have died in the circumstances described in paragraph (1). |
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| (5) When an officer dies as a result of injuries received in an accident occurring to any aircraft in which the officer is being carried in pursuance of official instructions, as defined in regulation 20(12), the officer is deemed to have died as a result of injuries received in the actual discharge of his or her duty and on account of circumstances specifically attributable to the nature of his or her duty. |
(6) In calculating any pension payable under this regulation in respect of an officer referred to in paragraph (5), paragraph (1) must be read as if —| (a) | the words “fifteen-sixtieths (15/60ths)” had been substituted for the words “ten-sixtieths (10/60ths)” appearing in sub-paragraph (d) of that paragraph; and | | (b) | the words “one-sixth (1/6th)” had been substituted for the words “one‑thirtieth (1/30th)” appearing in sub-paragraph (e) of that paragraph. |
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| (7) This regulation, other than paragraphs (5) and (6), is deemed to have come into operation on 3 September 1939. |
(8) 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 relevant Pension Authority, justify exceptional treatment, regulations 22 and 23 apply in lieu of this regulation as if the officer were a police officer. |
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| Allowance for injured police officers and pensions, etc., when police officer is killed on duty |
22.—(1) Where a police officer is injured in any of the following circumstances:| (a) | while on duty or whilst on a journey necessary to enable him or her to report for duty or to return home after duty; | | (b) | while 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 or her duty; | | (d) | while acting as a fireman, or assisting in the extinguishment of fire, or in protecting life or property from fire, |
| the police officer is deemed to have sustained an injury in the execution of his or her duty. |
| (2) Any injury intentionally inflicted, or incurred in the performance of a duty involving special risks, is deemed to be a non-accidental injury. |
(3) Where a police officer sustains a total disablement from an injury received in the execution of his or her duty, the relevant Pension Authority may grant the police officer —| (a) | if the injury is non-accidental, such proportion of the annual pay as is specified in Scale No. 1 in Table A; | | (b) | if the injury is accidental, such proportion of the annual pay as is specified in Scale No. 2 in Table 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 specified in sub-paragraphs (a) and (b) as the Commissioner of Police may determine. |
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(4) Where a police officer sustains a partial disablement from an injury received in the execution of his or her duty, it shall be lawful for the relevant Pension Authority to grant the police officer 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, except that —| (i) | the pension must not be less than such proportion of the annual pay as is specified if the injury was non‑accidental in Scale No. 3 in Table A, and otherwise in Scale No. 4 in that Table; and | | (ii) | the minimum pension so payable must be $20 per month plus such amount as would from time to time be payable to a member of the Singapore Police 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 Singapore Police Force at the time of the receipt of the injury. |
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(5) Where a police officer dies as a result of injuries received in the execution of the police officer’s duties, the relevant Pension Authority may grant, in addition to the gratuity, if any, granted in accordance with section 20 of the Act —| (a) | if the deceased officer leaves a widow, a pension to the widow, while unmarried and of good character, at the rate of one-third (1/3rd) of the deceased’s annual pensionable emoluments at the date of the injury, except that the minimum amount of pension so payable must 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 the child attains the age of 18 years, at the rate of one‑fifteenth (1/15th) of the deceased’s 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 the deceased’s 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 remarriage of the widow, until the child attains the age of 18 years, at the rate of two‑fifteenths (2/15ths) of the deceased’s 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 the deceased’s annual pensionable emoluments may be paid to the deceased’s mother, or, where the deceased’s mother is dead, to the deceased’s father, while of good character and without adequate means of support, if the mother or (as the case may be) the father was wholly or mainly dependent on the deceased for support at the time of the deceased’s death; or | | (f) | if the deceased officer does not leave a widow, or if no pension is granted to the deceased’s widow, a pension at the rate of one‑fourth (1/4th) of the deceased’s annual pensionable emoluments may be paid to the deceased’s mother, or, where the deceased’s mother is dead, to the deceased’s father, while of good character and without adequate means of support, if the mother or (as the case may be) the father was wholly or mainly dependent on the deceased for support at the time of the deceased’s death. |
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(6) Despite paragraph (5) —| (a) | in the case of a pension granted under paragraph (5)(e) and (f), if the mother is a widow at the time of the grant of the pension and subsequently remarries, the pension must cease as from the date of remarriage; and if it appears to the relevant Pension Authority at any time that the mother or (as the case may be) the father is adequately provided with other means of support, the pension must cease as from such date as the relevant Pension Authority may determine; | | (b) | a pension granted to a female child under this regulation must cease upon the marriage of the child below the age of 18 years; | | (c) | a pension is not payable under this regulation at any time in respect of more than 6 children, but the relevant Pension Authority may in cases of hardship authorise payment of pensions in respect of more than 6 children; and | | (d) | this regulation does not apply in the case of the death of an officer if —| (i) | any dependant of the officer (within the meaning of the Work Injury Compensation Act (Cap. 354, 2009 Revised Edition) repealed by the Work Injury Compensation Act 2019) is entitled to compensation under the repealed Work Injury Compensation Act (Cap. 354, 2009 Revised Edition); or | | (ii) | any relative of the officer (within the meaning of the Work Injury Compensation Act 2019) is entitled to compensation under that Act. |
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| (7) In this regulation, “total disablement” means total loss of earning capacity in any employment, and, in the case of partial disablement, the degree of disablement must be based upon the degree to which earning capacity is affected. |
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| Additional compensation for injured police officer or when police officer is killed on duty |
23.—(1) Where a police officer dies as a result of injuries received in the execution of the police officer’s duties, the relevant Pension Authority may grant to such of the police officer’s dependants as the Pension Authority may think fit, or if there are no dependants to the police officer’s legal personal representatives, in addition to the gratuity payable under section 20 of the Act and any pension payable to the police officer’s dependants in accordance with regulation 22(5), compensation equivalent to the difference between —| (a) | the sum which the police officer would be entitled to under the relevant Work Injury Compensation Act, as if the police officer were an employee under that Act; and | | (b) | the gratuity granted to the police officer under section 20 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 the police officer’s duty which enables the police officer to qualify for a pension under regulation 22(3), he or she may elect to be paid a compensation in lieu of such pension, in which event the relevant Pension Authority may grant to the police officer as compensation —| (a) | a sum equivalent to the amount calculated under the relevant Work Injury Compensation Act, as if the police officer were an employee under that Act; or | | (b) | a sum equivalent to the gratuity computed under section 20 of the Act as if the police officer had died from the injury, |
| whichever is the greater. |
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(3) If a police officer, who has completed 10 years of service, has been retired on account of a permanent total disablement arising from an injury received in the execution of the police officer’s duty and has been receiving a pension under regulation 22, dies within 5 years from the date the police officer received the injury, the relevant Pension Authority may grant, subject to paragraph (4), to such of the police officer’s dependants as the Pension Authority may think fit, or if there are no dependants, to the police officer’s legal personal representatives —| (a) | a pension in accordance with regulation 22(5) as if the police officer 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 relevant Work Injury Compensation Act, as if the police officer had died from the injury and as if the police officer were an employee under that Act; or | | (ii) | a sum equivalent to the gratuity computed under section 20 of the Act as if the police officer had died from the injury, |
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| whichever is the greater. |
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| (4) Any compensation payable to the dependants or the legal personal representatives of a deceased police officer under paragraph (3)(b) must be reduced by the aggregate amount of the pension already paid to the deceased police officer under regulation 4 from the date of his or her retirement to the date of his or her death. |
| (5) Where the aggregate amount of the pension referred to in paragraph (4) exceeds the compensation payable under paragraph (3)(b), the excess amount is, subject to paragraph (6), recoverable by regular monthly deductions from the pension payable to the dependants of the deceased pensioner under regulation 22(5). |
| (6) Any deduction made from the pension payable to the dependants of a deceased pensioner under paragraph (5) should, if it is reasonably practicable, leave a balance adequate for the maintenance of the dependants. |
(7) 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 the police officer’s duty, the relevant Pension Authority may grant to the officer, in addition to a pension payable under regulation 22, as compensation —| (a) | a sum equivalent to the amount calculated under the relevant Work Injury Compensation Act, as if the police officer had died from the injury and as if the police officer were an employee under that Act; or | | (b) | a sum equivalent to the gratuity computed under section 20 of the Act as if the police officer had died from the injury, |
| whichever is the greater. |
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| (8) Any police officer who receives any compensation payable under paragraph (7) is not entitled to receive any benefits payable under regulation 26. |
(9) 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 1953 and who has completed less than 10 years of service, sustains a permanent total disablement from an injury received in the execution of his or her duty which enables the police officer to qualify for a pension under regulation 22(3), he or she may elect to be paid a compensation in lieu of such pension, in which event the relevant Pension Authority may grant to the police officer as compensation —| (a) | a sum equivalent to the amount calculated under the relevant Work Injury Compensation Act as if the police officer were an employee under that Act; or | | (b) | a sum equivalent to the gratuity computed under section 20 of the Act as if the police officer had died from the injury, |
| whichever is the greater. |
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| (10) Where a police officer sustains a permanent partial disablement from an injury received in the execution of the police officer’s duty and is entitled to a pension payable under regulation 22(4), the police officer may elect to be paid a compensation in lieu of such pension, in which event the relevant Pension Authority may grant to the officer as compensation a sum equivalent to the amount calculated for permanent partial incapacity under the relevant Work Injury Compensation Act, as if the police officer were an employee under that Act. |
| (11) Where a police officer, or on his or her death his or her dependants or legal personal representatives, is or are entitled to receive any benefits under section 20 of the Act or under these Regulations, the relevant Pension Authority may on the grounds of exceptional circumstances increase the amount of benefits payable by another 30%. |
| (12) The aggregate amount of any pension and the additional 30% of such pension payable to the police officer or his or her dependants under paragraph (11) must not exceed the officer’s last drawn pensionable emoluments. |
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| Allowance for service in non-pensionable office |
24.—(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 the officer might have been granted a pension had the officer held a pensionable office may, if he or she has continuously served in the Government for not less than 15 years, be granted an annual allowance not exceeding three‑fourths (3/4ths) of the pension which he or she might have been granted had he or she been employed in a pensionable office.| (2) In lieu of the annual allowance under paragraph (1) there may be paid to such officer, with the approval of the relevant Pension Authority, a capital sum equal to the amount of 5 of such annual payments. |
(3) No capital sum under paragraph (2) shall —| (a) | ordinarily be paid in any case of retirement on the ground of ill health; or | | (b) | be paid to any officer who elects to receive a gratuity and a reduced annual allowance in accordance with paragraph (4). |
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(4) Regulation 14 applies to an annual allowance granted under paragraph (1), and in its application references to “pension” in that regulation must be read as references to “annual allowance”, except that —| (a) | the reduced annual allowance to be granted to an officer must be at the rate of three-fourths (3/4ths) of his or her annual allowance; and | | (b) | his or her commuted annual allowance gratuity must be equal to 121/2 times the annual value of the reduction so made in his or her allowance. |
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| (5) This regulation does not apply to any officer appointed to the public service on or after 7 December 1984. |
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