Pension or gratuity not to be assignable
12. A pension or gratuity granted under this Act is not assignable or transferable, except for the purpose of satisfying —(a)
a debt due to the Government; or
(b)
an order of any 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 person to whom the pension has been granted,
and shall not be liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatever except a debt due to the Government.
Pension or gratuity not of right and may be reduced or withheld by President upon conviction for corruption
13.—(1) No person has an absolute right to compensation for past services or to any pension or gratuity under this Act.
(2) It is lawful for the President to reduce or altogether to withhold any pension or gratuity which has been granted to a person under this Act, or for which he or she has become eligible, where the person has been convicted by any court of an offence (even if only a fine and no term of imprisonment has been imposed) —(a)
under the Prevention of Corruption Act 1960; or
(b)
involving corruption under any other written law.
(3) The President must, before exercising any power conferred on him or her by subsection (2), consider the record of the proceedings of the court.
Restoration of whole or part of pension or gratuity at discretion of President
14. Where any pension or gratuity that a person would have been eligible to receive under this Act has been reduced or altogether withheld under section 13, it is lawful for the President, in his or her discretion, to direct that all or any part of the pension or gratuity be applied for the benefit of the person’s wife and any child or children, and after the expiry of any term of imprisonment served by the person, also for the person’s benefit, in such proportions and manner as the President thinks fit.
Pension and gratuity to cease on bankruptcy
15.—(1) No pension or gratuity that would under this Act be granted to a person may be so granted if, at the date he or she became eligible for the grant of such pension, the person has been adjudged a bankrupt or declared insolvent by judgment of a court of competent jurisdiction in Singapore or elsewhere and has not obtained his or her discharge from that adjudication or declaration.
(2) If any person to whom a pension has been granted under this Act is adjudged a bankrupt or is declared insolvent by judgment of any such court, then such pension forthwith ceases.
(3) Where a pension or gratuity ceases or is not granted by virtue of this section, it is lawful for the President, from time to time, during the remainder of the life of the person whose pension has ceased or who would have been eligible to receive the pension, or during such shorter period or periods, either continuously or otherwise, as the President thinks fit, to direct all or any part of the moneys to which that person would have been eligible to receive by way of pension or gratuity, had that person not become a bankrupt or insolvent, to be paid to or applied for the maintenance and benefit of all or any (to the exclusion of others) of the following, namely, the person and the person’s wife, child or children, or other dependants in such proportions and manner as the President thinks proper; and the moneys are to be paid or applied accordingly.
(4) Moneys applied for the discharge of the debts of the person whose pension has ceased or not been granted must be regarded, for the purposes of subsection (3), as applied for the person’s benefit.
(5) When a person to whom a pension or gratuity has not been granted, or whose pension has ceased under the provisions of this section, obtains a full and proper discharge from the person’s bankruptcy or insolvency, the person’s pension or gratuity or both (as the case may be) are to be restored to the person with effect from the date of the discharge.
Pensions and gratuities to be paid out of Pension Fund
16. There shall be charged on and paid out of the Pension Fund established by the Pension Fund Act 1995 all sums of money payable by way of pension or gratuity in accordance with this Act.
Regulations
17.—(1) The President may make regulations for, or in respect of, all matters which he or she considers necessary or expedient for carrying out or giving effect to the purposes and provisions of this Act.
(2) The President may, in making regulations under this section, provide for any Member or class of Members to opt to be superannuated according to the provident fund scheme applicable to non-pensionable employees of the Government under the Central Provident Fund Act 1953, and for the terms and conditions of the option.
(3) Any Member who exercises an option in accordance with the regulations made under subsection (2) in respect of any period of his or her reckonable service as a Member is deemed to have become a future Member on the commencement of that period of service.
(4) All regulations made under this Act must be presented to Parliament as soon as possible after publication in the Gazette.
Saving
18.—(1) Despite the repeal of the Parliamentary Pensions Act (Cap. 51, 1970 Revised Edition) (called in this section the repealed Act), the provisions of the repealed Act in force immediately before 1 September 1978 are to be construed and have effect as if it had not been repealed by this Act in the case of any person who —(a)
on 1 September 1978 is in receipt of a pension under the repealed Act; or
(b)
having ceased to be a Member before 1 September 1978 will become eligible for the grant of a pension under the repealed Act when he or she attains 45 years of age.
(2) The provisions of this Act do not apply to —(a)
any person referred to in subsection (1)(a) whether or not the person is or becomes a Member after 1 September 1978; or
(b)
any person referred to in subsection (1)(b) unless the person becomes a Member after 1 September 1978.
(3) If in the case of a Member who on 1 September 1978 has not less than 9 years’ reckonable service and has attained 45 years of age, the pension that he or she is eligible to receive under section 3 on his or her ceasing to be a Member, together with any pension which he or she is eligible to receive under section 4, is less than the amount of pension which he or she would have been eligible to receive under the repealed Act in respect of his or her reckonable service before that date had he or she ceased to be a Member on that date, his or her pension under section 3 may be increased by the difference between that amount and the pensions which he or she is eligible to receive under sections 3 and 4.
(4) Any person who on 1 September 1978 is eligible to receive a pension under section 10 of the repealed Act in respect of his or her reckonable service under that Act if he or she had ceased to hold public office as defined by that section may, when he or she ceases to hold such public office, be granted a pension under the repealed Act in respect of the period of that reckonable service before that date as if the repealed Act had not been repealed by this Act.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
