Widows’ and Orphans’ Pension Act

• Jurisdiction: Singapore
• Coming into Force: 30 March 1987
• Act Number: (Original Enactment: Ordinance 19 of 1904)
• Enactment Date: 01 January 1905
• Record Number: Cap. 350
• Year: 1905
• Published date: 30 March 1987

Widows’ and Orphans’ Pension Act

(CHAPTER 350)

(Original Enactment: Ordinance 19 of 1904)

REVISED EDITION 1985

(30th March 1987)

An Act to provide for widows’ and orphans’ pensions.

[1st January 1905]

Short title

1. This Act may be cited as the Widows’ and Orphans’ Pension Act.

Interpretation

2. In this Act, unless there is something repugnant in the subject or context — “contributor” means and includes every person from whose salary or pension deductions are made in accordance with this Act; “the Directors” means such persons not less than 3 in number as are appointed by the Minister to carry out the provisions of this Act subject to the control of, and to rules for their guidance made by, the President; “entitled officer” means an entitled officer, as defined in any of the written laws specified in the first column of the Second Schedule, who retires under the provisions of such written law specified in the second column of that Schedule; “of a pensionable age”, as applied to children, means, in the case of a male, that he is under the age of 21 years, and, in the case of a female, that she is under the age of 21 years and has not been married; “officer on the Malayan Establishment” means an officer whom the President has by notification in the Gazette declared to be on the Malayan Establishment; “Pension Fund” means the Pension Fund established by the Pension Fund Act 1995; [8/1995 wef 01/04/1995] “public servant” means an officer holding a pensionable office or an officer serving on probation or on agreement in a pensionable office, in the service of the Government, but does not include an officer — (a) who is not restricted by law to one wife at a time; (b) who, on or after 2nd March 1961 — (i) is appointed to a pensionable office; or (ii) is appointed to a pensionable office on probation or on agreement, in the service of the Government; (c) who is transferred to the service of the Government under section 9 of the Local Government Integration Act [Cap. 166] or section 5 of the Planning Act [Cap. 232]; or (d) in the service of the Government before 2nd March 1961 who becomes restricted by law to one wife at a time on or after 1st April 1965, unless, within one month from the date he becomes so restricted, he gives notice in writing to the Directors of his desire to become a contributor, whereupon the provisions of this Act shall apply to him from the date of such notice.

Pensions, etc., to be charged on Pension Fund

2A. There shall be charged on and paid out of the Pension Fund all sums of money payable by way of pension in accordance with this Act. [8/1995 wef 01/04/1995]

Contributions to be credited to Pension Fund

3. All contributions and other revenues receivable from public officers under this Act shall be carried to the credit of the Pension Fund: Provided that the sums so received shall not be assessable for military contribution. [8/1995 wef 01/04/1995]

Abatements from salaries to be made

4.—(1) A monthly abatement shall be made from the salary or pension of every public servant and all such abatements shall be paid into the Pension Fund: Provided that where an officer was or is serving on probation or on agreement in a pensionable office on or after 11th December 1950, he may, not later than 31st December 1958, or 6 months after the commencement of such service, whichever is the later, by giving notice in writing to the Directors of his desire to do so, elect not to become or to cease to be a contributor, as the case may be, and in such case the provisions of this Act shall cease to apply to such officer in respect of the period of his service on probation or on agreement, and there shall be repayable to him the total amount of any contribution which he may have made. [8/1995 wef 01/04/1995] (2) Such abatements shall be calculated at the rate of 4% of the monthly salary of the contributor: Provided that, unless and until notice has been given as provided in section 9(1), the abatement to be made in the case of a contributor who has retired on pension or who has suffered reduction of salary shall be calculated upon the salary drawn by such contributor immediately prior to such retirement or reduction, as the case may be. (3) In the case of an officer holding or having held a post, the salary of which is on a sterling basis, the abatement shall be made in dollars at 4% of such sterling salary converted into dollars at the rate from time to time fixed by the Government for the payment of such salaries or pensions. (4) Contributions shall continue to be made on the full salary whenever an officer is on leave of absence with half salary or without salary. (5) An officer who held a non-pensionable office in the service of the Government and was appointed to a pensionable office before 2nd March 1961 shall be deemed to have entered such service on the date of such appointment.

Period for which abatement shall be made

5.—(1) Such abatement shall continue to be made until the contributor attains the age of 65 years, if he continues so long to draw salary or pension from the Government, or until such abatement has been made for 35 successive years, counting from the first abatement of his original salary, in either of which events such abatement shall cease. Abatement to be made from salary of permanent post (2) Such abatement shall be calculated on the salary of the permanent appointment of the contributor irrespective of any temporary increment of salary which he derives from an acting appointment, and irrespective of personal and other allowances except pensionable personal allowances which shall be deemed to be part of the contributor’s salary for the purpose of calculating such abatement.

Abatement during period of enemy occupation

6.—(1) Notwithstanding anything in sections 3, 4 and 5, where a public servant was not during the period of enemy occupation and during any period thereafter until his reappointment in the service of the Government, drawing the full salary or any part of his salary, abatements calculated on the salary for which that public servant would have been eligible in accordance with his salary scheme were it not for the enemy occupation shall be deemed to have been made during such period or periods under and in accordance with the provisions of this Act: Provided that for the purpose of any repayment to contributors as provided in sections 13, 14 and 15(2)(b) only the contributions actually made shall be taken into account. (2) In this section, “the period of enemy occupation” means the period commencing on 8th December 1941 and continuing to 31st August 1945.

Contributor retiring under certain laws

7.—(1) Every contributor who is an entitled officer shall, at his option exercisable as hereinafter provided, be entitled either — (a) to cease to contribute, in which event his widow or children, as the case may be, shall be entitled on his death to a pension computed on the basis of the interest acquired by such contributor at the date of his ceasing to contribute in accordance with the Rules and Tables set out in the First Schedule; (b) to make a single contribution calculated in accordance with the Rules and Tables set out in the First Schedule, in which event his widow or children, as the case may be, shall be entitled on his death to a pension computed on the basis of the contributor having contributed for the remainder of the period of 35 years or until he had attained the age of 65 years or, in the event of the contributor dying before the expiration of that period or attaining that age, until the date of his death; or (c) after furnishing such proof as the Directors may require that his wife is in a normal state of health, to cease to contribute and be paid a sum calculated in accordance with the Rules and Tables set out in the First Schedule in which case the rights of the contributor and of his widow and children shall cease. (2) The option shall be exercisable before the expiration of a period of 6 months from the date of the retirement of the contributor or before 31st July 1958, whichever shall be the later. (3) The exercise by a contributor of the option shall be irrevocable. (4) The option shall be exercisable by written notification addressed to the President.

Exercise of option

8.—(1) Every contributor shall, at his option exercisable as is provided in this section, be entitled to — (a) cease to contribute and elect that his widow or his widow and children or his children, as the case may be, shall be entitled, on his death, to a pension, computed on the basis of the interest acquired by the contributor at the date of his ceasing to contribute in accordance with the Rules and Tables set out in the First Schedule; (b) cease to contribute and elect that he be paid — (i) a sum calculated in accordance with the Rules and Tables set out in the First Schedule if, at the time of his election, he is a contributor with a wife or wife and children or children, as the case may be; (ii) a sum calculated in accordance with section 14(a) if, at the time of his election, he is a bachelor; or (iii) a sum calculated in accordance with the Rules and Tables set out in the First Schedule and section 14(b) if, at the time of his election, he is a widower without children: Provided that the rights of every such contributor under this Act shall cease; or (c) elect to continue to contribute in accordance with the provisions of this Act. (2) The option shall be exercisable by written notification to the Permanent Secretary to the Ministry of Finance before the expiration of 6 months from 1st April 1965*, and when so exercised shall be irrevocable. * See G.N. Sp. S 35/65. (3) For the purposes of subsection (1), a contributor shall be deemed to include a person from whose salary or pension deductions had been made in accordance with the provisions of this Act, until he attained the age of 65 years or had made contributions for 35 successive years.

Contributions where official income is reduced

9.—(1) If the official income of a contributor becomes reduced, whether by

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