Transfer to College of property, assets and liabilities
30.—(1) From 1 October 2001, such movable and immovable property vested in the Government as may be determined by the Minister for Finance and used or managed by any of the incorporated departments and all assets, interests, rights, privileges, liabilities and obligations of the Government relating to the incorporated departments are transferred to and vest in the College without further assurance, act or deed.
(2) If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the College under subsection (1), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested.
(3) Any immovable property to be transferred to and vested in the College under subsection (1) must be held by the College upon such tenure and subject to such terms and conditions as the President may determine.
Transfer of employees
31.—(1) From 1 October 2001, such persons or categories of persons as the Minister may determine who, immediately before that date, were employed by the Government in any of the incorporated departments are transferred to the service of the College on terms no less favourable than those enjoyed by them immediately prior to their transfer.
(2) If any question arises as to whether any person or category of persons has been transferred to the service of the College under subsection (1), a certificate under the hand of the Minister is conclusive evidence that the person or category of persons was or was not so transferred.
(3) Until such time as terms and conditions of service are drawn up by the College, the scheme and terms and conditions of the Government continue to apply to every person transferred to the service of the College under subsection (1) as if he or she were still in the employment of the Government.
Pension rights, etc., of Government employees to be preserved
32.—(1) The terms and conditions to be drawn up by the College must take into account the terms and conditions of service (including salaries and accrued rights to leave) enjoyed by the persons transferred to the service of the College under section 31 while in the employment of the Government.
(2) Any term or condition relating to the length of service with the College must recognise the length of service of the persons so transferred while in the employment of the Government to be service with the College.
(3) Nothing in the terms and conditions to be drawn up by the College is to adversely affect the conditions that would have been applicable to persons transferred to the service of the College as regards any pension, gratuity or allowance payable under the Pensions Act 1956.
(4) Where a person has been transferred to the service of the College under section 31, the Government shall be liable to pay to the College such portion of any pension, gratuity or allowance payable to the person on his or her retirement as the same bears to the proportion which the aggregate amount of his or her pensionable emoluments during his or her service with the Government bears to the aggregate amount of his or her pensionable emoluments during his or her service under both the Government and the College.
(5) Where any person in the service of the College, whose case does not fall within the scope of any pension or other schemes established under this section, retires or dies in the service of the College or is discharged from such service, the College may grant to the person or to any other person or persons wholly or partly dependent on the person, as the College thinks fit, such allowance or gratuity as the College may determine.
No benefits in respect of abolition or reorganisation of office
33. Despite the provisions of the Pensions Act 1956, a person who is transferred to the service of the College under section 31 is not entitled to claim any benefit under that Act on the ground that the person has been retired from the service of the Government on account of abolition or reorganisation of office in consequence of the establishment and incorporation of the College.
Existing contracts
34. All deeds, contracts, schemes, bonds, agreements, instruments and arrangements, subsisting immediately before 1 October 2001 to which the Government is a party and relating to any of the incorporated departments or to any person transferred to the service of the College under section 31 continue in force on and after that date and are enforceable by or against the College as if the College had been named therein or had been a party thereto instead of the Government.
Misconduct or neglect of duty by employee before transfer
36. The College may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who, while the person was in the employment of the Government, had been guilty of any misconduct or neglect of duty which would have rendered the person liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if the person had continued to be in the employment of the Government and if this Act had not been enacted.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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