Future and Nominated Members’ eligibility for pension
Open ↗2A.—(1) Unless otherwise expressly provided, a future Member is not eligible for any pension or gratuity under the provisions of this Act in respect of his or her reckonable service as a future Member.[21/2012]
(2) To avoid doubt —(a)
a future Member who holds any office remains eligible for a pension under the provisions of this Act in respect of his or her reckonable service in that office; and
(b)
a person who, on the date immediately before he or she becomes a future Member, has the minimum period of reckonable service as a Member to be eligible for a pension under section 3 (including any period of reckonable service which may be counted by virtue of the repealed section 6), remains eligible for a pension under the provisions of this Act in respect of his or her reckonable service as a Member as of that date.[21/2012]
(3) Any person who on 1 January 1995 is a nominated Member is not eligible for a pension under the provisions of this Act in respect of his or her service as a Member on or after that date.
Pensions in respect of service as Members
Open ↗3.—(1) Subject to the provisions of this Act, a person who, after 1 September 1978, ceases at any time to be a Member may be granted a pension under this section if he or she has not less than 9 years’ reckonable service as a Member (whether continuously or not).[21/2012]
(2) The annual amount of pension payable to a Member is —(a)
in respect of every completed year of reckonable service — at the rate of one‑thirtieth (1/30) of his or her annual salary; and
(b)
in respect of any remaining uncompleted year of reckonable service — at the rate of one‑three‑hundred and sixtieth (1/360) part of his or her annual salary for each completed month of reckonable service.
(3) The annual pension payable to any Member under subsection (2) must not exceed two-thirds of his or her annual salary.
(4) Subject to sections 13 and 15, a pension under this section continues for the life of the person to whom it is payable but is not payable in respect of any period during which he or she is again a Member or is a candidate for election to Parliament; at the end of that period the pension is again payable and must be re‑computed under subsection (2) with the addition of any further period of reckonable service to the period of his or her former reckonable service as a Member.
(5) For the purposes of subsections (2) and (3), “annual salary” means the annual equivalent of the highest monthly rate of salary (excluding any non‑pensionable allowances) received by a Member during any period of his or her reckonable service as a Member.[21/2012]
(6) For the purposes of subsection (4), a person who ceases to be a Member in consequence of the dissolution of Parliament is to be treated as a candidate for election from the date of the dissolution if he or she seeks re‑election at the next general election.
Pensions in respect of service as Prime Minister, Deputy Prime Minister, Speaker, Ministers and other office-holders
Open ↗4.—(1) Subject to the provisions of this Act, a person may be granted a pension under this section, in addition to any pension that may be granted to the person under section 3, in respect of his or her reckonable service in any office if, after 1 September 1978, he or she ceases at any time to hold office and has not less than 8 years’ reckonable service as an office‑holding Member (whether continuously or not).[21/2012]
(2) The annual amount of pension payable to an office‑holding Member is —(a)
in respect of every completed year of reckonable service in any office, or where he or she has served in more than one office in each office — at the rate of one‑twenty‑seventh (1/27) of his or her annual salary in that office; and
(b)
in respect of any remaining uncompleted year of reckonable service in any office, or where he or she has served in more than one office in each office — at the rate of one‑three‑hundred and twenty‑fourth (1/324) part of his or her annual salary for each completed month of reckonable service in that office.
(3) The annual pension payable to any office-holding Member under subsection (2) must not exceed two-thirds of the highest annual salary of any office held by him or her.
(4) Subject to sections 13 and 15, a pension granted under this section continues for the life of the person to whom it is payable but is not payable in respect of any period during which he or she is again an office‑holding Member; at the end of that period the pension is again payable and must be re‑computed with the addition of that period comprising reckonable service to the period of his or her former reckonable service as an office‑holding Member.[21/2012]
(5) For the purposes of subsections (2) and (3), “annual salary”, in relation to any office, means the annual equivalent of the highest monthly rate of salary (excluding any non-pensionable allowances) received by an office‑holding Member during any period of reckonable service as a holder of that office.
(6) Where the monthly rate of salary applicable to any office previously held by an office-holding Member is increased before 21 May 2011 during any continuous period of reckonable service while he or she is an office‑holding Member but holding another office, that Member is deemed to have received such increased rate during his or her period of reckonable service as a holder of that office.[21/2012]
Pensions for serving office-holders after attaining 55 years of age
Open ↗5.—(1) Where an office-holding Member has —(a)
not less than 8 years’ reckonable service as an office‑holding Member (whether continuously or not);
(b)
attained 55 years of age; and
(c)
not previously been granted a pension under section 4,
he or she may be granted a pension under that section despite the fact that he or she has not ceased to hold office.
(2) Subsection (1) does not apply to an office‑holding Member who attains 55 years of age on or after 21 May 2011.[21/2012]
(3) Subject to sections 13 and 15, where any pension is granted before 21 May 2011 to any office-holding Member under section 4 by virtue of subsection (1), payment of that pension as a full or reduced pension stops on or after 21 May 2011 and ceases to be payable to that office‑holding Member for the period that he or she remains an office‑holding Member and any such pension paid in contravention of this subsection must be immediately refunded to the Pension Fund; except that at the end of that period when he or she so ceases to hold office —(a)
all that full or reduced pension which would have been payable, if not for this subsection, between 21 May 2011 and the date he or she so ceases to hold office (both dates inclusive) is then payable in a lump sum (without interest); and
(b)
his or her pension under section 4 must be re‑computed by adding the period of reckonable service between the date the pension was granted and 20 May 2011 (both dates inclusive) to the period of his or her former reckonable service which had been used in computing his or her pension.[21/2012]
(4) Where a person has been granted before 21 May 2011 a pension under section 4 after ceasing to hold office and —(a)
becomes an office-holding Member again after having attained 55 years of age; or
(b)
becomes an office-holding Member again before attaining 55 years of age, on his or her attaining that age,
the pension stops on or after 21 May 2011 and ceases to be payable to that person for the period that he or she remains an office‑holding Member and any pension paid in contravention of this subsection must be immediately refunded to the Pension Fund; except that at the end of that period when he or she so ceases to hold office —
(c)
all that pension which would have been payable, if not for this subsection, between 21 May 2011 and the date he or she so ceases to hold office (both dates inclusive) is then payable in a lump sum (without interest); and
(d)
his or her pension under section 4 must be re-computed by adding the period of reckonable service between the date the pension was granted and 20 May 2011 (both dates inclusive) to the period of his or her former reckonable service which had been used in computing his or her pension.[21/2012]
Commutation of pensions
Open ↗7.—(1) Subject to the provisions of this Act, a person to whom a pension is granted under this Act may, at his or her option exercisable in accordance with this section, be paid —(a)
in the case of a future Member who becomes an office‑holding Member —(i)
a full pension under section 4 without any gratuity; or
(ii)
a commuted pension gratuity without any pension,
in respect of his or her reckonable service as a holder of any office;
(b)
in the case of a future Member who remains eligible for a pension under section 2A(2)(b), or a Member (including an office-holding Member) who is not a future Member —(i)
a full pension under section 3 or 4 without any gratuity;
(ii)
a reduced pension at the rate of two‑thirds (⅔) of the full pension together with a gratuity equal to twelve and one‑half (12½) times the annual value of one‑third (⅓) of the full pension; or
(iii)
a commuted pension gratuity without any pension,
in respect of his or her reckonable service as a Member (other than as a future Member) or as a holder of any office, as the case may be; or
(c)
in the case of a person who has been granted a pension under section 4 after ceasing to hold office and who becomes an office-holding Member again —(i)
a full pension under section 4 without any gratuity; or
(ii)
a commuted pension gratuity without any pension,
in respect of his or her further service as an office‑holding Member.
(2) The option mentioned in subsection (1) is exercisable —(a)
separately in respect of reckonable service as a Member and as a holder of any office; and
(b)
not later than 30 days after the date when the person becomes eligible for the grant of a pension under this Act, except that if the person has not exercised an option within that time, the President may, if it appears in the circumstances equitable to do so, allow the person to exercise the option at any time prior to the date of payment of a pension or gratuity to the person.
(3) Where a person fails to exercise the option in accordance with this section, the person is deemed to have opted to receive a commuted pension gratuity without any pension in respect of his or her reckonable service as a Member or as a holder of an office or both, as the case may be.
(4) The option, once exercised by a person in respect of his or her reckonable service as a Member or as a holder of any office (as the case may be), must not be revoked so far as concerns any pension or gratuity so granted to the person under this Act in respect of such period of service prior to the exercise of the option.
(5) Subject to this section, the commuted pension gratuity mentioned in subsection (1) is a capital sum ascertained by multiplying the prescribed commutation factor by the amount of pension that the person concerned is eligible for under this Act.
(6) Where any pension granted to a person under this Act is required to be re‑computed by adding his or her further reckonable service as a Member or as a holder of any office to any period of reckonable service previously used in computing his or her pension, the commuted pension gratuity must be reduced by such amount of pension or gratuity already received by the person in respect of the period of reckonable service previously used in computing his or her pension.[21/2012]
(7) Any commuted pension gratuity to be granted to a person must be computed in accordance with the provisions of this Act in force at the date when the person becomes eligible for the grant of a pension under this Act, and must be paid in the prescribed manner.
(8) This section does not apply to any person who before 1 January 1995 has been granted and paid a pension or gratuity under the provisions of this Act as in force before that date.
(9) Where the person is, on 1 January 1995, an office‑holding Member who —(a)
has already been granted a pension in respect of any period of his or her reckonable service in an office; and
(b)
on his or her ceasing to hold office, will be eligible to have his or her pension re‑computed with the addition of his or her further period of reckonable service as an office‑holding Member,
this section remains applicable to the person but only in respect of that further period of reckonable service as an office‑holding Member.
Payment of pensions
Open ↗8. Pensions under this Act may be paid monthly at the end of each month in which the pensions fall due or at such other intervals as the President may determine either generally or in the circumstances of any particular case.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
