Port of Singapore Authority (Staff Transfer) Rules

Port of Singapore Authority Act

(Chapter 236, Section 17)

R 1

REVISED EDITION 1990

(25th March 1992)

[1st April 1964]

Citation

1. These Rules may be cited as the Port of Singapore Authority (Staff Transfer) Rules.

Transferred officers

2. Every officer employed in the service of the Government immediately before 1st April 1964 shall be deemed to have been transferred to the service of the Authority in accordance with section 15(b) of the Act.

Terms for transferred officers

3.—(1) An officer (referred to in these Rules as a transferred officer) transferred to the service of the Authority in accordance with section 15(b) of the Act shall be employed by the Authority on terms as near as may be to those he had enjoyed immediately prior to 1st April 1964.

(2) Upon his retirement in circumstances qualifying him for a pension, gratuity, retiring allowance or provident fund benefits in accordance with the provisions of any of the Schemes mentioned in the First Schedule, a transferred officer shall be granted any of such benefits for which he is eligible as if his service from 1st April 1964 had been service with the Government.

(3) Where a transferred officer dies during his service with the Authority, there shall be paid by the Authority to such of his dependants as the Authority may think fit, or if there are no dependants to his legal personal representative, a gratuity of an amount which will be no less favourable than that calculated in accordance with section 16 of the Pensions Act [Cap. 225].

Transferred officers affected by other Schemes

4.—(1) Every transferred officer who immediately before his transfer held a post which was a pensionable office under the Pensions Act, shall be deemed for the purpose of that Act to continue to hold such office so long as he is in the employment of the Authority and shall be eligible for the grant of a pension as though his service under the Authority were service under the Government.

(2) Every transferred officer who immediately before his transfer held a post in which he would in the ordinary course by effluxion of time have become pensionable under the Pensions Act, shall be deemed for the purpose of that Act to continue to hold the said post so long as he is in the employment of the Authority and shall be eligible for the grant of a pension as though his service under the Authority was service under the Government.

(3) A transferred officer who immediately before his transfer was contributing to the Central Provident Fund and who was in the service of the Government prior to¹ the date of the coming into operation of the Central Provident Fund Act [Cap. 36] shall retain his eligibility under section 6(d) of the Pensions Act, to make a refund to the Government and the Authority, before the effective date of his retirement, the total amount of contributions paid by the Government and the Authority to the Central Provident Fund on his behalf, together with interest thereon:

¹1st July 1955.

Provided that if such a transferred officer is subsequently appointed by the Authority to a pensionable office in its service, then any benefits for which he is eligible under the Pensions Act, shall be computed as if he had not been appointed to the pensionable office of the Authority on the basic or consolidated salary drawn by him immediately before the effective date of his appointment to the pensionable office and in respect of his service prior to that date. Such benefits shall be payable to him on his eventual retirement on account of age or ill-health and shall be subject to rule 5(1).

(4) A transferred officer who, on 1st April 1964, was contributing to the Municipal Provident Fund, shall continue to contribute to the Fund and be eligible for benefits under the Municipal (Provident Fund) Rules, as though his service under the Authority were service under the Government, subject to the provisions of any written law affecting the payment of benefits under those Rules.

[R 1.]

(5) A transferred officer who immediately before his transfer was eligible for benefits in accordance with the Scheme for the Payment of Retiring Gratuities set out in the Second Schedule shall continue to be eligible for such benefits in accordance with the terms of that Schedule as though his service under the Authority were service under the Government.

Transferred officers who retires under section 7 (2) (a) or (c) of Pensions Act

5.—(1) In every case in which a transferred officer retires in circumstances described in section 7 (2) (a) or (c) of the Pensions Act [Cap. 225], and is eligible for any benefits under the Act, he may be granted a pension, gratuity or other allowance by the Authority of such an amount as shall bear the same proportion to the amount of pension, gratuity or other allowance for which he would have been eligible had his service been wholly in the Government as the aggregate amount of his pensionable emoluments during his service with the Authority shall bear to the aggregate amount of his pensionable emoluments throughout his service with the Government and the Authority.

(2) In the case of a transferred officer to whom rule 4(4) applies, the Authority shall pay to the Government a sum equal to the rate of donation as may, from time to time, be determined upon the valuation of the Fund in accordance with rule 9(1) of the Municipal (Provident Fund) Rules.

Transferred officers who are subject to the Widows and Orphans Pension Act

6.—(1) Every transferred officer under rules 4 and 5 who immediately before his transfer was subject to the provisions of the Widows’ and Orphans’ Pension Act shall so long as he remains in the employment of the Authority be deemed to be a public servant within the meaning of that Act and for the purposes of the application of the provisions thereto.

(2) Upon the death of any transferred officer mentioned in paragraph (1) the Government shall be liable for all payments which fall due to the widows or orphans as the case may be in accordance with that Act.

FIRST SCHEDULE

Rule 3(2)

Superannuation Schemes Affecting Officers Transferred to the Port of Singapore Authority

The Central Provident Fund Act (Cap. 36).

The Pensions Act (Cap. 225).

The Municipal Provident Fund established by the City Council under the Municipal Ordinance and construed and deemed to have been established under the Local Government Ordinance 1957 (Ord. 24 of 1957).

The Singapore City Council Superannuation Fund for Subordinate Employees Rules 1954.

Treasury Circular No. 13/1964 dated 13th June 1964, under Annex I covering the payment of retiring gratuities to daily-rated employees set out in the Second Schedule.

SECOND SCHEDULE

Rule 4(5)

Annexure to Treasury Circular No. 13 of 1964 Dated 13TH June 1964
Payment of Retiring Gratuities to Government Daily-rated Employees

In accordance with clause 5 of the Agreement dated the 24th day of November 1961, and made between the Government and the Public Daily-Rated Employees Union Federation, Government daily-rated employees in the service of the Government prior to 1st July 1955, who retire on or after 1st January 1962, in circumstances described in paragraph (a) or (b) of subsection (2) of section 7 of the Pensions Ordinance 1956 (No. 22 of 1956), or in the second column of item 3 of Schedule C to the Pensions Regulations, 1956, or on account of reduction in the number of daily-rated employees engaged at the time, may be granted a gratuity at the rates and subject to the conditions as set out in this Circular in respect of their service as from 1st January 1962. Retirement benefits in respect of their service before 1st January 1962, shall be computed in accordance with the Pensions Ordinance 1956.

2. In order to establish the rate of gratuity applicable to a daily-rated employee who retires in any of the circumstances mentioned in paragraph 1, it is necessary to first determine his yearly earnings. The yearly earnings shall be calculated as follows:

(1) In the case of an employee who has completed 20 years resident service from 1st January 1962, and who has been receiving the same basic rate of pay for two years immediately preceding the effective date of retirement, his yearly earnings shall be the annual pay at basic rates drawn by him during the 12 months preceding the date of his retirement.

(2) In all other cases, an employee’s yearly earnings shall be one-half of the total pay at basic rates drawn by him during the 24 months preceding the date of his retirement.

(3) In the event of a general revision of basic rates of pay taking place during the two years immediately preceding the effective date of his retirement, the yearly earnings shall be calculated as though the latest rate of basic pay had been paid throughout the two years:

Provided that —

(a)

in calculating the yearly earnings, no account shall be taken of —

(i)	any payment made in respect of overtime;
(ii)	any additional payment made in respect of work done on public holidays and days of rest; and
(iii)	any allowances or bonuses paid; and

(b)

in computing the period of resident service, no account shall be taken of —

(i)	any period of absence from work without pay on account of illness; and
(ii)	any period of no-pay leave in excess of 12 months at any one time, and one-twelfth of an employee’s whole service.

3. When an employee’s yearly earnings and the number of his completed years of resident service have been determined in accordance with paragraph 2, there may be granted to the employee, subject to the deduction mentioned in paragraph 6, a gratuity calculated on the proportion of his yearly earnings (shown against the number of completed years of resident service enumerated below) for each completed year of resident service —

Number of completed years of resident service

Proportion of yearly earnings

one-half

six-tenths

seven-tenths

eight-tenths

nine-tenths

the whole

eleven-tenths

twelve-tenths

thirteen-tenths

fourteen-tenths

one and two-thirds

one and nine-twelfths

one and ten-twelfths

one and eleven-twelfths

twice the whole

two and one-twelfths

two and two-twelfths

thereafter the proportion of his yearly earnings shall increase at the rate of one-twelfths of the yearly earnings for each completed year of resident service.

4. An employee who has not completed 10 years resident service as from 1st January 1962, and who retires in any of the circumstances mentioned in paragraph 1 may, subject to the deduction mentioned in paragraph 6, be granted a gratuity calculated at the rate of one twenty-fourth of his yearly earnings for each completed year of resident service subject to a minimum of $50.

5. Where an employee dies in the service of the Government, there shall be paid to such of his dependants as the Permanent Secretary, Ministry of Finance, may think fit, or, if he has no dependants, to his legal personal representative, a gratuity calculated in accordance with paragraph 3 or 4 (as the case may be), or of section 16(1) of the Pensions Act [Cap. 225], whichever is the greater. The gratuity payable under this paragraph shall be subject to paragraph 6.

6. Any gratuity payable under the terms of this Circular shall be reduced by a sum equal to the amount of the contributions and interest thereon paid by the Government to the Central Provident Fund on account of the employee in respect of his period of service after 1st January 1962:

Provided that no gratuity shall be payable if the quantum of the benefits to which the employee is entitled under the Central Provident Fund Act [Cap. 36] is greater than the gratuity payable under the terms of this Circular.

7. A retiring gratuity for which a daily-rated employee is eligible under the Pensions Act, and the Pensions Regulations, in respect of his service prior to 1st January 1962, shall be paid to him in addition to the gratuity calculated and payable to him under the terms of this Circular.

8. This Circular shall be deemed to have come into operation on 1st January 1962.

LEGISLATIVE HISTORY

Port of Singapore Authority (Staff Transfer) Rules

This Legislative History is provided for the convenience of users of the Port of Singapore Authority (Staff Transfer) Rules. It is not part of these Rules.

G. N. No. S 175/1969—Port of Singapore Authority (Staff Transfer) Rules 1969

Date of commencement

Date not available