# legal_provisions

document_id: cpc-2010
provision_ref: s384
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 384
title: Summary rejection of appeal
content:
384. —(1) Where the grounds of appeal do not raise any question of law and it appears to the appellate court that the evidence is sufficient to support the conviction and that there is no material in the circumstances of the case which could raise a reasonable doubt whether the conviction was right or lead the appellate court to consider that the sentence ought to be reduced, the appeal may, without being set down for hearing, be summarily rejected by an order under the hand of a Judge or a presiding Judge (as the case may be) certifying that the appellate court, having perused the record, is satisfied that the appeal has been brought without any sufficient ground of complaint. (2) Where an appellate court comprises more than one Judge, the decision of the appellate court to reject the appeal summarily under subsection (1) can only be made by a unanimous decision of all the Judges sitting in the appellate court. [40/2019] (3) Notice of the rejection must be served on the appellant. (4) If, in any case rejected under subsection (1), the appellant gives, within 14 days of service of notice of the rejection on the appellant, notice to the Registrar of the Supreme Court of an application for permission to amend the appellant’s grounds of appeal so as to raise a question of law, accompanied by a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, the Chief Justice (in the case where the appeal is made to the Court of Appeal) or any Judge sitting in the General Division of the High Court (in the case where the appeal is made to the General Division of the High Court) may grant permission to amend the grounds of appeal accordingly and shall restore the appeal for hearing. [40/2019] [Act 25 of 2021 wef 01/04/2022] (5) For the purposes of subsection (4), the question whether a sentence ought to be reduced is deemed not to be a question of law.


document_id: cpc-2010
provision_ref: s385
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 385
title: Notice and time of hearing
content:
385. If the appellate court does not reject the appeal summarily under section 384, it must cause notice to be given to the parties to the appeal of the time and place at which the appeal will be heard.


document_id: cpc-2010
provision_ref: s386
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 386
title: Appeal to be heard by one or more Judges
content:
386. —(1) An appeal before the General Division of the High Court may ordinarily be heard by a single Judge, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 3 or any greater uneven number of Judges. [40/2019] (2) An appeal before the Court of Appeal may ordinarily be heard by 3 Judges sitting in the Court of Appeal, but if the Chief Justice so directs, the appeal must be heard before a court consisting of 5 or any greater uneven number of Judges sitting in the Court of Appeal. [40/2019] (3) An appeal before 3 or more Judges must be decided in accordance with the opinion of a majority of them. (4) If the Public Prosecutor requests in writing at any time — ( a ) before the hearing of an appeal before the General Division of the High Court that the appeal be heard before a court consisting of 3 or any greater uneven number of Judges; or ( b ) before the hearing of an appeal before the Court of Appeal that the appeal be heard before a court consisting of 5 or any greater uneven number of Judges, and the Chief Justice consents to the request, the appeal must be heard by such a court. [40/2019] (5) In any case, the appellate court may, of its own motion or on the application of a party concerned, with reasonable notice to the parties, bring forward or postpone the hearing of an appeal, on such terms as it thinks fit as to the costs of the appeal.


document_id: cpc-2010
provision_ref: s387
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 387
title: Procedure at hearing
content:
387. —(1) At the hearing of an appeal, the appellate court must hear the appellant or the appellant’s advocate, if the appellant or the appellant’s advocate appears, and if it thinks fit, the respondent or the respondent’s advocate, if the respondent or the respondent’s advocate appears, and must hear the appellant or the appellant’s advocate in reply. (2) If the appellant is in custody and does not appear at the hearing to support the appellant’s appeal in person or by advocate, the appellate court may consider the appellant’s appeal and may make such order as it thinks fit. (3) If the appellant is not in custody but fails to appear at the hearing of the appeal, the appellate court may dismiss the appeal, except that the court may reinstate the appeal if the appellant subsequently appears before the court and satisfies the court that the appellant’s non‑appearance was not due to the appellant’s fault.


document_id: cpc-2010
provision_ref: s388
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 388
title: Non-appearance of respondent
content:
388. —(1) If, at the hearing of the appeal, the respondent is absent and the appellate court is not satisfied that the notice under section 385 has been duly served on the respondent, the court must not make any order adverse to or to the prejudice of the respondent, but must adjourn the hearing to a future day and direct the Registrar of the Supreme Court to serve the notice on the respondent for the respondent to appear. (2) If the notice cannot be served on the respondent, or if the court is satisfied that the notice has been duly served on the respondent, and the respondent is absent at the hearing of the appeal, the court may hear the appeal in the respondent’s absence.


document_id: cpc-2010
provision_ref: s389
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 389
title: Arrest of respondent in certain cases
content:
389. —(1) Where the General Division of the High Court is informed that the Public Prosecutor intends to appeal against the acquittal of an accused, the General Division of the High Court may, on the application of the Public Prosecutor, order that the accused be remanded in custody for a period not exceeding 24 hours pending the filing of the notice of appeal by the Public Prosecutor. [40/2019] (2) Where the Public Prosecutor appeals against an acquittal after an application under subsection (1), the General Division of the High Court that acquitted the accused may commit him or her to prison pending the disposal of the appeal or admit him or her to bail. [40/2019]


document_id: cpc-2010
provision_ref: s390
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 390
title: Decision on appeal
content:
390. —(1) At the hearing of the appeal, the appellate court may, if it considers there is no sufficient ground for interfering dismiss the appeal, or may — ( a ) in an appeal from an order of acquittal — (i) reverse the order and direct that further inquiry is to be made or that the accused is to be retried, or remit the matter, with the opinion of the appellate court, to the trial court; or (ii) find the accused guilty and pass sentence on the accused according to law; ( b ) in an appeal from a conviction — (i) reverse the finding and sentence and acquit or discharge the accused or order the accused to be retried by a court of competent jurisdiction, or remit the matter, with the opinion of the appellate court, to the trial court; (ii) alter the finding, maintaining the sentence or, with or without altering the finding, reduce or enhance the sentence; or (iii) with or without reducing or enhancing the sentence, and with or without altering the finding, alter the nature of the sentence; ( c ) in an appeal as to sentence, reduce or enhance the sentence, or alter the nature of the sentence; or ( d ) in an appeal from any other order, alter or reverse the order. (2) Nothing in subsection (1) is to be taken to prevent the appellate court from making such other order in the matter as it may think just, and by such order exercise any power which the trial court might have exercised. (3) Despite section 375 and without limiting subsections (1) and (2), where an accused has pleaded guilty and been convicted on such plea, the appellate court may, upon hearing, in accordance with section 387, any appeal against the sentence imposed upon the accused — ( a ) set aside the conviction; ( b ) make such order in the matter as it may think just; and ( c ) by such order exercise any power which the trial court might have exercised. (4) Despite any provision in this Code or any written law to the contrary, when hearing an appeal against an order of acquittal or conviction or any other order, the appellate court may frame an altered charge (whether or not it attracts a higher punishment) if satisfied that, based on the records before the court, there is sufficient evidence to constitute a case which the accused has to answer. (5) If the offence stated in the altered charge is one that requires the Public Prosecutor’s consent under section 10, then the appeal must not proceed before such consent is obtained, unless the consent has already been obtained for a prosecution on the same facts as those on which the altered charge is based. (6) After the appellate court has framed an altered charge, it must ask the accused if the accused intends to offer a defence. (7) If the accused indicates that the accused intends to offer a defence, the appellate court may, after considering the nature of the defence — ( a ) order that the accused be tried by a trial court of competent jurisdiction; or ( b ) convict the accused on the altered charge (other than a charge which carries the death penalty) after hearing submissions on questions of law and fact and if it is satisfied that, based on its findings on the submissions and the records before the court, and after hearing submissions of the accused, there is sufficient evidence to do so. (8) If the accused indicates that the accused does not intend to offer a defence, the appellate court may — ( a ) convict the accused on the altered charge (other than a charge which carries the death penalty) if it is satisfied that, based on the records before the court, there is sufficient evidence to do so; or ( b ) order that the accused be tried by a trial court of competent jurisdiction, if it is not satisfied that, based on the records before the court, there is sufficient evidence to convict the accused on the altered charge. (9) At the hearing of the appeal, the appellate court may on the application of the Public Prosecutor, and with the consent of the accused, take into consideration any outstanding offences which the accused admits to have committed for the purposes of sentencing the accused. (10) The sentencing powers of the appellate court in the exercise of its appellate jurisdiction do not exceed the sentencing power of the trial court whose judgment, sentence or order is appealed against. (11) To avoid doubt, everything done by the appellate court under this section is done in the exercise of its appellate jurisdiction. [19/2018]


document_id: cpc-2010
provision_ref: s391
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 391
title: Omission to frame charge
content:
391. —(1) A judgment, sentence or order pronounced or passed is not invalid merely because no charge was framed, unless the appellate court is of the opinion that it has caused a failure of justice. (2) If the appellate court is of such opinion, the appellate court must order a new trial.


document_id: cpc-2010
provision_ref: s392
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 392
title: Taking additional evidence
content:
392. —(1) In dealing with any appeal under this Part, the appellate court may, if it thinks additional evidence is necessary, either take such evidence itself or direct it to be taken by the trial court. (2) Unless the appellate court directs otherwise, the accused or the accused’s advocate must be present when the additional evidence is taken. (3) When the trial court has taken the additional evidence, it must send the record of the proceedings duly certified by it to the appellate court for it to deal with in the appeal. (4) The trial court must also state what effect (if any) the additional evidence taken has on its earlier verdict. (5) Sections 233 and 285 to 289 apply, with the necessary modifications, to the taking of additional evidence under this section.


document_id: cpc-2010
provision_ref: s393
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 393
title: Death of party to appeal
content:
393. —(1) Where a person has died — ( a ) any relevant appeal which might have been begun by the person if he or she were alive may be begun by a person approved by the General Division of the High Court; and ( b ) where any relevant appeal was begun by the person while he or she was alive or is begun in relation to his or her case under paragraph ( a ), any further step which might have been taken by the person in connection with the appeal if he or she were alive may be taken by a person so approved. [40/2019] (2) The General Division of the High Court may only give an approval to — ( a ) the widow or widower of the deceased; ( b ) a person who is the personal representative of the deceased; or ( c ) any person appearing to the General Division of the High Court to have, by reason of a family or similar relationship with the deceased, a substantial financial or other interest in the determination of a relevant appeal relating to the deceased. [40/2019] (3) An application for an approval may not be made after the end of the period of one year beginning with the date of death. (4) Where this section applies, any reference to the appellant in any written law is, where appropriate, to be construed as being or including a reference to the person approved under this section. (5) Unless the approval is given under subsection (2), every appeal commenced finally abates on the death of an accused. (6) In this section, “relevant appeal” means an appeal made under this Part.


document_id: cpc-2010
provision_ref: s394
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 394
title: Grounds for reversal by appellate court
content:
394. Any judgment, sentence or order of a trial court may be reversed or set aside only where the appellate court is satisfied that it was wrong in law or against the weight of the evidence or, in the case of a sentence, manifestly excessive or manifestly inadequate in all the circumstances of the case. Division 1A &#x2014; Review of sentence of death
when no appeal filed


document_id: cpc-2010
provision_ref: s394A
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 394A
title: Public Prosecutor to file petition for confirmation
content:
394A. —(1) Where the General Division of the High Court passes a sentence of death on an accused — ( a ) if there is no appeal by the accused pending immediately after the expiry of the time allowed under this Code for an appeal — the Public Prosecutor must, on the expiry of 90 days after the time allowed under this Code for an appeal — (i) lodge a petition for confirmation with the Registrar of the Supreme Court; and (ii) serve the petition on the accused; or ( b ) if there is an appeal by the accused pending immediately after the expiry of the time allowed under this Code for an appeal, but the accused subsequently withdraws that appeal — the Public Prosecutor must, on the expiry of 90 days after the date of the withdrawal of that appeal — (i) lodge a petition for confirmation with the Registrar of the Supreme Court; and (ii) serve the petition on the accused. [19/2018; 40/2019] (2) When a petition for confirmation has been lodged, the trial court must transmit to the Court of Appeal, the Public Prosecutor, and the accused or the accused’s advocate, a signed copy of the record of the proceedings and the grounds of decision free of charge. [33/2012]


document_id: cpc-2010
provision_ref: s394B
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 394B
title: Court of Appeal to review sentence of death
content:
394B. The Court of Appeal must examine the record of proceedings and the grounds of decision and must satisfy itself as to the correctness, legality and propriety of — ( a ) the conviction of the accused for the offence for which the sentence of death is imposed; and ( b ) the imposition of the sentence of death for the offence, where the sentence of death is not mandatory by law. [33/2012]


document_id: cpc-2010
provision_ref: s394C
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 394C
title: Powers of Court of Appeal in petition for confirmation
content:
394C. The Court of Appeal may in any proceeding relating to a petition for confirmation exercise such powers as it may exercise in an appeal by the accused. [33/2012]


document_id: cpc-2010
provision_ref: s394D
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 394D
title: Permission for parties to be heard
content:
394D. —(1) No party has the right to be heard either personally or by advocate before the Court of Appeal in any proceeding relating to a petition for confirmation. [33/2012] (2) The Court of Appeal may, if it thinks fit, hear any party either personally or by advocate. [33/2012]


document_id: cpc-2010
provision_ref: s394E
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 394E
title: Orders on review
content:
394E. —(1) If the Court of Appeal is satisfied as to the correctness, legality and propriety of — ( a ) the conviction of the accused for the offence for which the sentence of death is imposed; or ( b ) the imposition of the sentence of death for the offence, where the sentence of death is not mandatory by law, it must issue a certificate to the Public Prosecutor and the accused or the accused’s advocate confirming the imposition of the sentence of death on the accused. [33/2012] (2) If the Court of Appeal is not satisfied as to the correctness, legality and propriety of — ( a ) the conviction of the accused for the offence for which the sentence of death is imposed; or ( b ) the imposition of the sentence of death for the offence, where the sentence of death is not mandatory by law, it must set aside the sentence of death, and may make such further order as it deems fit. [33/2012] Division 1B &#x2014; Review of earlier decision of appellate court


document_id: cpc-2010
provision_ref: s394F
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 394F
title: Interpretation of this Division
content:
394F. —(1) In this Division, unless the context otherwise requires — “application for PACC permission” has the meaning given by section 60F of the Supreme Court of Judicature Act 1969; [Act 41 of 2022 wef 28/06/2024] “application for permission” means an application for permission to make a review application; [Act 25 of 2021 wef 01/04/2022] “civil application” means an application to a court when exercising its civil jurisdiction, and includes — ( a ) where the court is the Court of Appeal, an appeal to the Court of Appeal from any judgment or order of the General Division of the High Court, or of the Appellate Division of the High Court, in such an application; or ( b ) where the court is the Appellate Division of the High Court, an appeal to the Appellate Division of the High Court from any judgment or order of the General Division of the High Court in such an application; “post-appeal application in a capital case” or “PACC application” has the meaning given by section 60F of the Supreme Court of Judicature Act 1969; [Act 41 of 2022 wef 28/06/2024] [ Deleted by Act 25 of 2021 wef 01/04/2022 ] “review application” means an application to review an earlier decision of an appellate court; [19/2018; 40/2019] [Act 41 of 2022 wef 28/06/2024] “specified application” means a civil application, an application for PACC permission, or a PACC application. [Act 41 of 2022 wef 28/06/2024] (2) In this Division, unless the context otherwise requires, a specified application is related to a review application made in respect of an earlier decision if — ( a ) any common question of law or fact arises in both applications; or ( b ) any relief claimed in the specified application — (i) may affect the review application in any way; or (ii) may affect the outcome of the criminal matter in respect of which the earlier decision was made. [19/2018] [Act 41 of 2022 wef 28/06/2024] (3) In this Division, unless the context otherwise requires, a reference to a decision of a court is a reference to everything decided by the court, and everything comprised in the judgment, sentence or order (if any) of the court, when the court — ( a ) delivers judgment in a criminal trial, criminal appeal, case stated, criminal revision or criminal reference; or ( b ) issues a certificate under section 394E(1) confirming the imposition of the sentence of death on the accused. [19/2018]


document_id: cpc-2010
provision_ref: s394G
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 394G
title: Conditions for making review application
content:
394G. —(1) A review application cannot be made in respect of an earlier decision of an appellate court unless any of the following applies: ( a ) the earlier decision is a decision of the appellate court on the merits of an appeal; ( b ) the earlier decision is a decision of the appellate court to dismiss an appeal under section 387(3) after the appellant fails to appear at the hearing of the appeal, and the appellate court does not reinstate the appeal under section 387(3); ( c ) where the appellate court is the Court of Appeal — the earlier decision is a decision of the Court of Appeal to issue a certificate under section 394E(1) confirming the imposition of the sentence of death on the accused; ( d ) where the appellate court is the Court of Appeal — the earlier decision is — (i) a determination by the Court of Appeal of any question of law of public interest referred to the Court of Appeal under section 397; or (ii) an order made by the Court of Appeal under section 397(5). [19/2018] (2) A review application cannot be made by the Public Prosecutor, unless the Public Prosecutor alleges that the earlier decision is tainted by fraud or a breach of the rules of natural justice, and that the integrity of the judicial process is thereby compromised. [19/2018]


document_id: cpc-2010
provision_ref: s394H
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 394H
title: Application for permission to make review application
content:
394H. —(1) Before making a review application, the applicant must apply to the appellate court for, and obtain, the permission of that court to do so. [19/2018] [Act 25 of 2021 wef 01/04/2022] (2) An application for permission must be fixed for hearing within such period as is prescribed by the Criminal Procedure Rules. [19/2018] [Act 25 of 2021 wef 01/04/2022] (3) The applicant in an application for permission must file written submissions in support of that application, and such other documents as are prescribed in the Criminal Procedure Rules, within such periods as are prescribed in the Criminal Procedure Rules. [19/2018] [Act 25 of 2021 wef 01/04/2022] (4) The respondent in an application for permission may file written submissions in relation to that application within such period as is prescribed in the Criminal Procedure Rules. [19/2018] [Act 25 of 2021 wef 01/04/2022] (5) The Registrar of the Supreme Court or any Supreme Court Judge may extend or abridge any period mentioned in subsection (2), (3) or (4). [14/2019; 40/2019] (6) An application for permission is to be heard — ( a ) in any case where the appellate court is the Court of Appeal — by a single Judge sitting in the Court of Appeal, or by 3 or any greater uneven number of Judges sitting in the Court of Appeal; or [Act 41 of 2022 wef 28/06/2024] ( b ) in any case where the appellate court is the General Division of the High Court — (i) by the Judge who made the decision to be reviewed or, if that Judge is not available, by any Judge; (ii) by the Judges who made the decision to be reviewed, or by any one of those Judges, or if none of those Judges are available, by any Judge; or (iii) by 3 or any greater uneven number of Judges sitting in the General Division of the High Court. [Act 41 of 2022 wef 28/06/2024] (6A) In deciding whether or not to grant an application for permission, the appellate court must consider the following matters: ( a ) whether the conditions or the requirements in sections 394G, 394J and 394K are satisfied; ( b ) whether there was any delay in filing the application for permission after the applicant or counsel for the applicant had obtained the material mentioned in section 394J(2) and the reasons for the delay; ( c ) whether subsection (3) is complied with; ( d ) whether the review application to be made has a reasonable prospect of success. [Act 41 of 2022 wef 28/06/2024] (7) An application for permission may, without being set down for hearing, be summarily dealt with by a written order of the appellate court. [19/2018] [Act 25 of 2021 wef 01/04/2022] (8) Before summarily refusing an application for permission, the appellate court, in addition to considering the matters mentioned in subsection (6A) — ( a ) must consider the applicant’s written submissions, if any; and ( b ) may, but is not required to, consider the respondent’s written submissions, if any. [19/2018] [Act 25 of 2021 wef 01/04/2022] [Act 41 of 2022 wef 28/06/2024] (9) Before summarily granting permission to make a review application, the appellate court, in addition to considering the matters mentioned in subsection (6A) — ( a ) must consider the applicant’s written submissions, if any; and ( b ) must consider the respondent’s written submissions, if any. [19/2018] [Act 25 of 2021 wef 01/04/2022] [Act 41 of 2022 wef 28/06/2024] (10) The appellate court may — ( a ) before deciding whether to grant an application for permission; ( b ) when granting permission to make a review application; or ( c ) when summarily granting permission to make a review application, do one or both of the following: ( d ) make any incidental directions or give any interim orders (including a stay of execution of the sentence) as the court considers necessary; ( e ) take additional evidence. [Act 41 of 2022 wef 28/06/2024]


document_id: cpc-2010
provision_ref: s394I
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 394I
title: Hearing of review application
content:
394I. —(1) Where the appellate court grants permission to make a review application, the review application must be made to the appellate court, and fixed for hearing, within such period as is prescribed by the Criminal Procedure Rules. [19/2018] [Act 25 of 2021 wef 01/04/2022] (2) The applicant in a review application must file such documents in support of that application, within such period, as are prescribed in the Criminal Procedure Rules. [19/2018] (3) The respondent in a review application must file such documents in relation to that application, within such period, as are prescribed in the Criminal Procedure Rules. [19/2018] (4) The Registrar of the Supreme Court or any Supreme Court Judge may extend or abridge any period mentioned in subsection (1), (2) or (3). [14/2019; 40/2019] (5) A review application is to be heard — ( a ) in any case where the appellate court is the Court of Appeal — by 3 Judges sitting in the Court of Appeal or, if the Chief Justice so directs, by 5 or any greater uneven number of Judges sitting in the Court of Appeal; or ( b ) in any case where the appellate court is the General Division of the High Court — by a single Judge or, if the Chief Justice so directs, by 3 or any greater uneven number of Judges. [19/2018; 40/2019] (6) The appellate court may hear a review application and any related specified application at the same time or one immediately after another. [19/2018] [Act 41 of 2022 wef 28/06/2024] (7) Despite subsections (1), (5) and (6) — ( a ) the Court of Appeal may hear a review application made to the General Division of the High Court in respect of an earlier decision of the General Division of the High Court; ( b ) the Court of Appeal may hear a civil application, made to the General Division of the High Court or to the Appellate Division of the High Court, that is related to a review application (whether made to the Court of Appeal or to the General Division of the High Court); ( c ) where the Court of Appeal so orders, the Court of Appeal may hear a review application (whether made to the Court of Appeal or to the General Division of the High Court) and any related specified application (whether made to the Court of Appeal, to the Appellate Division of the High Court or to the General Division of the High Court) at the same time or one immediately after another; and [Act 41 of 2022 wef 28/06/2024] ( d ) every review application or specified application heard by the Court of Appeal under this subsection is to be heard by 3 Judges sitting in the Court of Appeal or, if the Chief Justice so directs, by 5 or any greater uneven number of Judges sitting in the Court of Appeal. [19/2018; 40/2019] [Act 41 of 2022 wef 28/06/2024] (8) An appellate court, which hears a review application in respect of an earlier decision of that court, may exercise any power and make any order that could have been exercised and made, respectively, by the court that made the earlier decision. [19/2018] (9) Where the appellate court is the General Division of the High Court, but a review application made in respect of an earlier decision of the appellate court is heard by the Court of Appeal — ( a ) the Court of Appeal may exercise any power and make any order that could have been exercised and made, respectively, by the appellate court that made the earlier decision; and ( b ) any reference in this Division to the exercise of a power, or the doing of a thing, by the appellate court in relation to the review application includes a reference to the exercise of that power, or the doing of that thing, by the Court of Appeal. [19/2018; 40/2019] (10) A review application may, without being set down for hearing, be summarily dealt with by a written order of the appellate court. [19/2018] (11) Before summarily refusing a review application, the appellate court — ( a ) must consider the applicant’s written submissions, if any; and ( b ) may, but is not required to, consider the respondent’s written submissions, if any. [19/2018] (12) Except where subsection (11) applies, before summarily deciding a review application on its merits, the appellate court — ( a ) must consider the applicant’s written submissions, if any; and ( b ) must consider the respondent’s written submissions, if any. [19/2018] (13) The appellate court may — ( a ) before deciding a review application; ( b ) when deciding a review application; or ( c ) when summarily deciding a review application, do one or both of the following: ( d ) make any incidental directions or give any interim orders (including a stay of execution of the sentence) as the court considers necessary; ( e ) take additional evidence. [Act 41 of 2022 wef 28/06/2024]


document_id: cpc-2010
provision_ref: s394J
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 394J
title: Requirements for exercise of power of review under this Division
content:
394J. —(1) This section — ( a ) sets out the requirements that must be satisfied by an applicant in a review application before an appellate court will exercise its power of review under this Division; and ( b ) does not affect the inherent power of an appellate court to review, on its own motion, an earlier decision of the appellate court. [19/2018] (2) The applicant in a review application must satisfy the appellate court that there is sufficient material (being evidence or legal arguments) on which the appellate court may conclude that there has been a miscarriage of justice in the criminal matter in respect of which the earlier decision was made. [19/2018] (3) For the purposes of subsection (2), in order for any material to be “sufficient”, that material must satisfy all of the following requirements: ( a ) before the filing of the application for permission to make the review application, the material has not been canvassed at any stage of the proceedings in the criminal matter in respect of which the earlier decision was made; [Act 25 of 2021 wef 01/04/2022] ( b ) even with reasonable diligence, the material could not have been adduced in court earlier; ( c ) the material is compelling, in that the material is reliable, substantial, powerfully probative, and capable of showing almost conclusively that there has been a miscarriage of justice in the criminal matter in respect of which the earlier decision was made. [19/2018] (4) For the purposes of subsection (2), in order for any material consisting of legal arguments to be “sufficient”, that material must, in addition to satisfying all of the requirements in subsection (3), be based on a change in the law that arose from any decision made by a court after the conclusion of all proceedings relating to the criminal matter in respect of which the earlier decision was made. [19/2018] (5) For the purposes of subsection (2), the appellate court may conclude that there has been a miscarriage of justice in the criminal matter in respect of which the earlier decision was made, only if — ( a ) the earlier decision (being a decision on conviction or sentence) is demonstrably wrong; or ( b ) the earlier decision is tainted by fraud or a breach of the rules of natural justice, such that the integrity of the judicial process is compromised. [19/2018] (6) For the purposes of subsection (5)( a ), in order for an earlier decision on conviction to be “demonstrably wrong” — ( a ) it is not sufficient that there is a real possibility that the earlier decision is wrong; and ( b ) it must be apparent, based only on the evidence tendered in support of the review application and without any further inquiry, that there is a powerful probability that the earlier decision is wrong. [19/2018] (7) For the purposes of subsection (5)( a ), in order for an earlier decision on sentence to be “demonstrably wrong”, it must be shown that the decision was based on a fundamental misapprehension of the law or the facts, thereby resulting in a decision that is blatantly wrong on the face of the record. [19/2018]


document_id: cpc-2010
provision_ref: s394K
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 394K
title: Other matters concerning review applications and applications for permission
content:
394K. —(1) An applicant cannot make more than one review application in respect of any decision of an appellate court. [19/2018] (2) An applicant cannot make a review application in respect of an earlier decision of an appellate court after — ( a ) in any case where a court hears a related specified application made by the same applicant and reserves judgment in that related specified application — the time that court reserves judgment in that related specified application; or [Act 41 of 2022 wef 28/06/2024] ( b ) in any other case where a court hears a related specified application made by the same applicant — the time that court delivers judgment in that related specified application. [19/2018] [Act 41 of 2022 wef 28/06/2024] (3) Where the appellate court is the General Division of the High Court, no appeal may lie against a decision of the appellate court on an application for permission or a review application. [19/2018; 40/2019] [Act 25 of 2021 wef 01/04/2022] (4) Where the appellate court is the General Division of the High Court, no application under section 397(1), and no reference under section 397(2), may be made in respect of a decision of the appellate court on an application for permission or a review application. [19/2018; 40/2019] [Act 25 of 2021 wef 01/04/2022] (5) No application for permission, and no review application, may be made in respect of a decision of an appellate court on an application for permission or a review application. [19/2018] [Act 25 of 2021 wef 01/04/2022] Division 2 &#x2014; Points reserved


document_id: cpc-2010
provision_ref: s395
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 395
title: Power of court to state case
content:
395. —(1) A trial court hearing any criminal case, may on the application of any party to the proceedings or on its own motion, state a case to the relevant court on any question of law. (2) Any application or motion made — ( a ) on a question of law which arises as to the interpretation or effect of any provision of the Constitution may be made at any stage of the proceedings after the question arises and must set out the question to be referred to the relevant court; and ( b ) on any other question of law must be made in writing within 10 days from the time of the making or passing of the judgment, sentence or order by the trial court and set out briefly the facts under deliberation and the question of law to be decided on them. (3) The trial court must — ( a ) upon an application or motion made on a question of law which arises as to the interpretation or effect of any provision of the Constitution, state the case to the relevant court by setting out the question which in its opinion has arisen as to the interpretation or effect of the Constitution, which question must, so far as may be possible, be in a form which permits an answer being given in the affirmative or the negative; and ( b ) upon an application or motion made on any other question of law, state the case to the relevant court by briefly setting out the facts that it considers proved and the question of law to be reserved for the opinion of the relevant court. (4) Despite subsection (3), the trial court may refuse to state a case upon any application if it considers the application frivolous or without any merit, but it must state a case if the application is made by the Public Prosecutor. (5) If a trial court refuses to state a case under subsection (4), the applicant may apply to the relevant court for an order to direct the trial court to state the case. (6) The trial court in stating any case under subsection (3) must cause the case to be transmitted to the Registrar of the Supreme Court. (7) The relevant court must hear and determine the question of law or constitutional question arising out of the case stated. (8) Before stating any case to the relevant court under subsection (3)( a ), the trial court may make an order to stay the proceedings which is to be made at such stage of the proceedings as the court may see fit, having regard to — ( a ) the decision of such questions of fact as may be necessary to assist the relevant court in deciding the question which has arisen; and ( b ) the speedy and economical final determination of the proceedings. (9) The trial court making an order to stay the proceedings under subsection (8) may impose any terms to await the opinion and order (if any) of the relevant court on any case stated under subsection (3)( a ). (10) The trial court stating a case to the relevant court under this section may make such orders as it sees fit for the arrest, custody or release on bail of any accused. (11) When the Registrar of the Supreme Court receives a case stated, he or she must send a copy to every party to the proceedings and to the Public Prosecutor (if the Public Prosecutor is not a party), and fix a date for the hearing of the case stated. (12) The Public Prosecutor has a right of hearing at the hearing of the case stated. (13) Where the General Division of the High Court is hearing the case stated, it must ordinarily be heard by a single Judge, but if the Chief Justice so directs, the case stated must be heard before a court comprising 3 or any greater uneven number of Judges. [40/2019] (14) Where the Court of Appeal is hearing the case stated, it must ordinarily be heard by 3 Judges sitting in the Court of Appeal, but if the Chief Justice so directs, the case stated must be heard before a court comprising 5 or any greater uneven number of Judges sitting in the Court of Appeal. [40/2019] (15) In this section, “relevant court” means — ( a ) the General Division of the High Court where the trial court which stated the case is a State Court; and ( b ) the Court of Appeal where the trial court which stated the case is the General Division of the High Court. [5/2014; 40/2019]


document_id: cpc-2010
provision_ref: s396
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 396
title: Application to state case directly to Court of Appeal
content:
396. —(1) Any party to the proceedings may, instead of applying to state a case on any question of law arising at a trial before a State Court for the opinion of the General Division of the High Court under section 395, apply to state a case directly to the Court of Appeal. [5/2014; 40/2019] (2) An application under subsection (1) may only be made with the permission of the Court of Appeal. [Act 25 of 2021 wef 01/04/2022] (3) When an application is made under subsection (1), the Court of Appeal may make such orders as it sees fit for the arrest, custody or release on bail of any accused. (4) Section 395(2), (3), (6) to (12) and (14) applies to the case stated under this section, except that any reference to the relevant court in those provisions is a reference to the Court of Appeal.


document_id: cpc-2010
provision_ref: s397
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 397
title:
Reference to Court of Appeal of criminal matter determined by General Division of High Court in exercise of its appellate or revisionary jurisdiction

content:
397. —(1) When a criminal matter has been determined by the General Division of the High Court in the exercise of its appellate or revisionary jurisdiction, and a party to the proceedings wishes to refer any question of law of public interest which has arisen in the matter and the determination of which by the Judge has affected the case, that party may apply to the Court of Appeal for permission to refer the question to the Court of Appeal. [40/2019] [Act 25 of 2021 wef 01/04/2022] (2) The Public Prosecutor may refer any question of law of public interest without the permission of the Court of Appeal. [Act 25 of 2021 wef 01/04/2022] (3) An application under subsection (1) or a reference under subsection (2) must be made within one month, or such longer time as the Court of Appeal may permit, of the determination of the matter to which it relates, and in the case of an application by the Public Prosecutor must be made by him or her or with his or her written consent. (3A) Where an application under subsection (1) or a reference under subsection (2) is made, the General Division of the High Court must send to the Court of Appeal a signed copy of the record of the proceedings, and the grounds of decision, for the matter to which the application or reference relates. [19/2018; 40/2019] (3B) Where — ( a ) a party applies under subsection (1) for permission to refer a question to the Court of Appeal; and [Act 25 of 2021 wef 01/04/2022] ( b ) it appears to the Court of Appeal that the question is not a question of law of public interest which has arisen in the matter, and the determination of which has affected the case, to which the application relates, the application may, without being set down for hearing, be summarily refused by an order, under the hand of a presiding Judge sitting in the Court of Appeal, certifying that the Court of Appeal is satisfied that the application was made without any sufficient ground. [19/2018; 40/2019] (3C) A decision of the Court of Appeal to summarily refuse under subsection (3B) an application under subsection (1) can only be made by a unanimous decision of all the Judges sitting in the Court of Appeal. [19/2018; 40/2019] (3D) Notice of a refusal under subsection (3B) of an application under subsection (1) must be served on the applicant. [19/2018] (3E) Where, after the Court of Appeal has summarily refused under subsection (3B) an application under subsection (1) (called in this subsection the application for permission), the applicant gives, within 14 days after the service of the notice of the refusal on the applicant, to the Registrar of the Supreme Court — ( a ) notice of an application to amend the application for permission, so as to raise a question of law of public interest which has arisen in the matter, and the determination of which has affected the case, to which the application for permission relates; and ( b ) a certificate signed by an advocate specifying the question to be raised and undertaking to argue it, the Chief Justice may allow the applicant to amend the application for permission accordingly, and must restore the application for permission for hearing. [19/2018] (4) In granting permission to refer any question of law of public interest under subsection (1), or where the Public Prosecutor refers any question of law of public interest under subsection (2), the Court of Appeal may reframe the question or questions to reflect the relevant issue of law of public interest, and may make such orders as the Court of Appeal may see fit for the arrest, custody or release on bail of any party in the case. [Act 25 of 2021 wef 01/04/2022] (5) The Court of Appeal, in hearing and determining any questions referred, may make such orders as the General Division of the High Court might have made as the Court of Appeal considers just for the disposal of the case. [40/2019] (6) For the purposes of this section, each of the following is deemed to be a question of public interest: ( a ) any question of law regarding which there is a conflict of judicial authority; ( b ) any question of law that the Public Prosecutor refers. [19/2018]


document_id: cpc-2010
provision_ref: s398
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 398
title: Determination and order
content:
398. —(1) The General Division of the High Court or the Court of Appeal (as the case may be) must hear and determine any question of law arising on the case stated under section 395 or 396 and must affirm, amend or reverse the decision or make any other order it thinks fit. [40/2019] (2) Any judge stating a case under this Code is not liable to any costs incurred with respect to it.


document_id: cpc-2010
provision_ref: s399
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 399
title: Opinion on case stated
content:
399. —(1) The opinion of the General Division of the High Court or the Court of Appeal must be in the form of an answer to the question set out in the case stated under section 395 or 396. [40/2019] (2) The Registrar of the Supreme Court must deliver a copy of the opinion of the General Division of the High Court or of the Court of Appeal and such orders that the Court has made under section 398 to — ( a ) the Public Prosecutor; ( b ) the Registrar of the State Courts where the trial court which stated the case is a State Court; and ( c ) every party to the proceedings in which the case stated arose. [5/2014; 40/2019] (3) If the opinion of the General Division of the High Court or the Court of Appeal (as the case may be) is given pending the conclusion of the trial, the trial court must proceed with the case having regard to the opinion on the case stated and any order of the General Division of the High Court or the Court of Appeal made under section 398. [40/2019] Division 3 &#x2014; Revision of proceedings before
State Courts [5/2014]


document_id: cpc-2010
provision_ref: s400
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 400
title: Power to call for records of State Courts
content:
400. —(1) Subject to this section and section 401, the General Division of the High Court may, on its own motion or on the application of a State Court, the Public Prosecutor or the accused in any proceedings, call for and examine the record of any criminal proceeding before any State Court to satisfy itself as to the correctness, legality or propriety of any judgment, sentence or order recorded or passed and as to the regularity of those proceedings. [5/2014; 40/2019] (2) No application may be made by any party under this section in relation to any judgment, sentence or order which the party could have appealed against but had failed to do so in accordance with the law unless the application is made — ( a ) against a failure by a court to impose the mandatory minimum sentence or any other sentence required by written law; or ( b ) against a sentence imposed by a court which the court is not competent to impose.


document_id: cpc-2010
provision_ref: s401
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 401
title: Powers of General Division of High Court on revision
content:
401. —(1) On examining a record under revision in this Division, the General Division of the High Court may direct the lower court to make further inquiry into a complaint which has been dismissed under section 152 or into the case of an accused who has been discharged. [40/2019] (2) The General Division of the High Court may in any case, the record of proceedings of which has been called for by itself or which otherwise comes to its knowledge, in its discretion exercise any of the powers given by sections 383, 389, 390 and 392. [40/2019] (3) The General Division of the High Court may not proceed under subsection (1) or (2) without first giving the parties adversely affected by the General Division of the High Court so proceeding an opportunity of being heard either personally or by advocate. [40/2019] (4) This section does not authorise the General Division of the High Court to convert an acquittal into a conviction. [40/2019]


document_id: cpc-2010
provision_ref: s402
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 402
title: Orders on revision
content:
402. Where a case is revised under this Division, the General Division of the High Court must certify its decision or order to the State Court which recorded or passed the judgment, sentence or order and that Court must make the requisite orders to give effect to the decision or order. [5/2014; 40/2019]


document_id: cpc-2010
provision_ref: s403
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 403
title: Permission for parties to appear
content:
403. —(1) No party has any right to be heard either personally or by advocate before the General Division of the High Court when the General Division of the High Court is exercising its powers of revision under this Division or Division 4. [40/2019] (2) The General Division of the High Court may, if it thinks fit, when exercising its powers of revision under this Division, hear any party either personally or by advocate, and nothing in this section is deemed to affect sections 401(3) and 404(4). [40/2019] Division 4 &#x2014; Revision of orders made at
criminal case disclosure conference


document_id: cpc-2010
provision_ref: s404
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 404
title: Power to revise orders made at criminal case disclosure conference
content:
404. —(1) The General Division of the High Court may, on its own motion or on the application of the Public Prosecutor or the accused in any criminal case disclosure conference, call for and examine the record of any criminal case disclosure conference held under Part 9 or 10 before a Magistrate, a District Judge, the Registrar of the State Courts or the Registrar of the Supreme Court to satisfy itself as to the correctness, legality or propriety of any order recorded or passed at the criminal case disclosure conference, and as to the regularity of the criminal case disclosure conference. [5/2014; 40/2019] (2) Any application by the Public Prosecutor or the accused under subsection (1) must be made within 7 days from the date of the order so recorded or passed at the criminal case disclosure conference to which the application relates. (3) On examining a record under revision in this Division, the General Division of the High Court may affirm, vary or set aside any of the orders made by the Magistrate, District Judge, Registrar of the State Courts or Registrar of the Supreme Court (as the case may be) who presided over the criminal case disclosure conference. [5/2014; 40/2019] (4) The General Division of the High Court may not proceed under subsection (3) without first giving the parties adversely affected by the General Division of the High Court so proceeding an opportunity of being heard either personally or by advocate. [40/2019] (5) Where a case is revised under this Division, the General Division of the High Court must certify its decision or order to the Magistrate, District Judge, Registrar of the State Courts or Registrar of the Supreme Court (as the case may be) who recorded or passed the order at the criminal case disclosure conference and that Magistrate, District Judge, Registrar of the State Courts or the Registrar of the Supreme Court (as the case may be) must make the requisite orders to give effect to the decision or order. [5/2014; 40/2019] Division 5 &#x2014; Criminal motions


document_id: cpc-2010
provision_ref: s405
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 405
title: Motion
content:
405. —(1) A motion to the General Division of the High Court or the Court of Appeal in respect of any criminal matter must be made in accordance with this Division. [19/2018; 40/2019] (2) In this Division, the relevant court is the court to which the motion is made. [19/2018]


document_id: cpc-2010
provision_ref: s406
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 406
title: Notice of motion
content:
406. —(1) A motion must not be made without previous notice to the other party to the proceedings. (2) There must be at least 7 clear days between the service of the notice of a criminal motion and the day named in the notice for hearing the motion, unless — ( a ) the relevant court gives permission to the contrary; or [Act 25 of 2021 wef 01/04/2022] ( b ) each party required to be served with the notice consents to the relief or remedy that is sought under the motion. [19/2018]


document_id: cpc-2010
provision_ref: s407
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 407
title: Form and issue of notice of motion
content:
407. —(1) The notice of a criminal motion must be in the prescribed form. (2) The notice of a criminal motion must be — ( a ) supported by an affidavit setting out a concise statement of the facts, the relief or remedy required and the reasons for the relief or remedy; and ( b ) sealed by an officer of the Registry of the Supreme Court.


document_id: cpc-2010
provision_ref: s408
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 408
title: Adjournment of hearing
content:
408. The hearing of a criminal motion may be adjourned from time to time by the relevant court on such terms as the relevant court thinks fit. [19/2018]


document_id: cpc-2010
provision_ref: s408A
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 408A
title: Dealing with motion in absence of parties, etc.
content:
408A. —(1) The relevant court may deal with a criminal motion in the absence of the parties to the proceedings, if — ( a ) the respondent is — (i) the prosecution; or (ii) an accused who is represented by an advocate; and ( b ) each party — (i) consents to the motion being dealt with in the absence of that party; and (ii) consents to the relief or remedy that is sought under the motion. [19/2018] (2) Where subsection (1) applies, but the relevant court is not inclined to grant the relief or remedy that is sought under the motion — ( a ) the motion must be set down for hearing; and ( b ) each party to the proceedings must be informed of the date and time appointed for the hearing. [19/2018] (3) The relevant court may, after hearing every party that attends the hearing mentioned in subsection (2), make such order as the relevant court thinks fit. [19/2018] (4) A single Judge of the relevant court may summarily give permission to withdraw a criminal motion, without the motion being set down for hearing, if every party to the proceedings consents to the withdrawal of the motion. [Act 25 of 2021 wef 01/04/2022]


document_id: cpc-2010
provision_ref: s408B
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 408B
title: Decision or order affecting lower court
content:
408B. Where, on hearing or dealing with a criminal motion, the relevant court makes a decision or an order that affects a lower court, the relevant court must certify its decision or order to the lower court. [19/2018]


document_id: cpc-2010
provision_ref: s409
chapter: PART 20 - APPEALS, POINTS RESERVED, REVISIONS AND
section: 409
title: Costs
content:
409. If the relevant court dismisses a criminal motion and is of the opinion that the motion was frivolous or vexatious or otherwise an abuse of the process of the relevant court, it may, either on the application of the respondent or on its own motion, order the applicant of the criminal motion to pay to the respondent costs on an indemnity basis or otherwise fixed by the relevant court. [19/2018]


document_id: cpc-2010
provision_ref: s417
chapter: PART 21 - SPECIAL PROCEEDINGS
section: 417
title: Application for order for review of detention
content:
417. —(1) Any person — ( a ) [ Deleted by Act 17 of 2022 wef 01/07/2022 ] ( b ) who is alleged to be illegally or improperly detained in public or private custody within those limits; or ( c ) who claims to be brought before the court to be dealt with according to law, may apply to the General Division of the High Court for an order for review of detention. [40/2019] (2) [ Deleted by Act 17 of 2022 wef 01/07/2022 ] (3) Notice of the application together with copies of all the evidence used on the application must be served on the Public Prosecutor.


document_id: cpc-2010
provision_ref: s418
chapter: PART 21 - SPECIAL PROCEEDINGS
section: 418
title: Orders for review of detention
content:
418. The General Division of the High Court may, whenever it thinks fit, order that a prisoner detained in any prison within the limits of Singapore is to be — ( a ) admitted to bail; ( b ) brought before a court martial; or ( c ) removed from one custody to another for the purpose of trial or for any other purpose which the Court thinks proper. [40/2019]


document_id: cpc-2010
provision_ref: s419
chapter: PART 21 - SPECIAL PROCEEDINGS
section: 419
title: Court martial
content:
419. —(1) Every application for a prisoner detained in custody to be brought before a court martial for trial must be in the form of a letter addressed by either the registrar of the military courts or the president of that court martial, stating the purpose for which the court martial has been assembled and also stating where the prisoner is detained in custody and when, where and for what purpose the prisoner is required to be produced. (2) The Registrar of the Supreme Court must submit the letter as soon as possible after the receipt thereof to, and obtain the order thereon of, a Judge. [40/2019] (3) If an order is made under this section, it must be drawn up with a direction that a warrant must be issued accordingly and the warrant must be prepared and signed by the Registrar of the Supreme Court and countersigned by the Judge who made the order and sealed with the seal of the Supreme Court. [40/2019] (4) The warrant when issued must be forwarded by the Registrar of the Supreme Court to the officer in charge of the prison in which the prisoner is confined.


document_id: cpc-2010
provision_ref: s420
chapter: PART 21 - SPECIAL PROCEEDINGS
section: 420
title: Removal of prisoner from one custody to another
content:
420. —(1) Every application to remove a prisoner from one custody to another for the purpose of trial or for any other purpose must be made to the General Division of the High Court and must be supported by an affidavit stating — ( a ) where the prisoner is detained in custody; ( b ) to what other custody it is proposed to remove the prisoner; and ( c ) the reason for the change of custody. [40/2019] (2) If an order is made for the removal of a prisoner from one custody to another for the purpose of trial or for any other purpose, the order must be drawn up with a direction that a warrant must be issued accordingly. (3) The warrant must be prepared and signed by the Registrar of the Supreme Court and countersigned by the Judge who made the order and sealed with the seal of the Supreme Court. [40/2019]


document_id: cpc-2010
provision_ref: s421
chapter: PART 21 - SPECIAL PROCEEDINGS
section: 421
title: Duty of officer to whom order or warrant is addressed
content:
421. The officer to whom any order for review of detention or warrant is addressed under this Division or under section 98 or 282 must act in accordance with it and must provide for the safe custody of the prisoner during the prisoner’s absence from prison for the purpose mentioned in the order or warrant.


document_id: cpc-2010
provision_ref: s422
chapter: PART 21 - SPECIAL PROCEEDINGS
section: 422
title: No appeal
content:
422. No appeal shall lie from an order directing or refusing to direct the issue of an order for review of detention or from an order made under section 418 but the General Division of the High Court may at any time adjourn the hearing for the decision of a Court consisting of 3 or more Judges. [40/2019]


document_id: cpc-2010
provision_ref: s423
chapter: PART 22 - MISCELLANEOUS
section: 423
title: When irregularities do not make proceedings invalid
content:
423. Subject to this Code, any judgment, sentence or order passed or made by a court of competent jurisdiction may not be reversed or altered on account of — ( a ) an error, omission or irregularity in the complaint, summons, warrant, charge, judgment or other proceedings before or during trial or in an inquiry or other proceeding under this Code; ( aa ) the breach of any of the prosecution’s obligations under section 221B(3)( a ) or ( b ) or (4)( a ) or 221D, or the prosecution’s obligations under section 221B(4)( b ) to serve the materials mentioned in section 221B(1)( b ); [Act 5 of 2024 wef 14/02/2025] ( b ) the lack of any consent by the Public Prosecutor as required by law; or ( c ) the improper admission or rejection of any evidence, unless the error, omission, irregularity, breach of any of the prosecution’s obligations, lack of consent or improper admission or rejection of evidence has caused a failure of justice. [Act 5 of 2024 wef 14/02/2025]


document_id: cpc-2010
provision_ref: s424
chapter: PART 22 - MISCELLANEOUS
section: 424
title: Duty to give information of certain matters
content:
424. Every person aware of the commission of or the intention of any other person to commit any arrestable offence punishable under Chapters 6, 7, 8, 12 and 16 of the Penal Code 1871 or under any of the following sections of the Penal Code 1871: Sections 161, 162, 163, 164, 170, 171, 211, 212, 216, 216A, 226 (as in force immediately before the date of commencement of section 77 of the Immigration (Amendment) Act 2023), 270, 281, 285, 286, 382, 384, 385, 386, 387, 388, 389, 392, 393, 394, 395, 396, 397, 399, 400, 401, 402, 427, 435, 436, 437, 438, 440, 442, 449, 450, 451, 452, 453, 459, 460, 489A, 489B, 489C, 489D and 506, must, in the absence of reasonable excuse, the burden of proving which lies upon the person so aware, immediately give information to the officer in charge of the nearest police station or to a police officer of the commission or intention. [15/2019] [Act 31 of 2023 wef 30/05/2025]


document_id: cpc-2010
provision_ref: s425
chapter: PART 22 - MISCELLANEOUS
section: 425
title: Irregularity in attachment
content:
425. —(1) An attachment made under this Code is not considered unlawful, nor is any person making it considered to have done any wrong, on account of some defect or lack of form in the summons, conviction, order of attachment or other proceeding relating to it. (2) The person mentioned in subsection (1) is not considered to have done wrong from the start on account of any irregularity that the person afterwards commits, but anyone wronged by the irregularity may take such proceedings in a civil court as the wronged person thinks fit to recover damages for any loss or harm the wronged person might have suffered.


document_id: cpc-2010
provision_ref: s425A
chapter: PART 22 - MISCELLANEOUS
section: 425A
title:
Prohibition against publication, etc., that identifies complainant or alleged victim of sexual offence or child abuse offence

content:
425A. —(1) Subject to subsection (2), where any person knows that an individual is a complainant, or an alleged victim, of a sexual offence or child abuse offence, that person must not do any of the following things: ( a ) publish the name, address or photograph of the individual; ( b ) publish any evidence, or any other thing, that is likely to lead to the identification of the individual as a complainant, or an alleged victim, of a sexual offence or child abuse offence; ( c ) do any other act that is likely to lead to the identification of the individual as a complainant, or an alleged victim, of a sexual offence or child abuse offence. [19/2018] (2) Subsection (1) ceases to apply to an individual who is a complainant of a sexual offence or child abuse offence, if — ( a ) the individual is convicted of any offence under section 182, 193, 194, 195, 196, 199, 200, 201, 202, 203, 204, 204A, 204B, 211, 213 or 214 of the Penal Code 1871; and ( b ) the conviction involves a finding by the court that the individual’s complaint of the sexual offence or child abuse offence was false in any material point. [19/2018; 15/2019] (3) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both. [19/2018] (4) To avoid doubt, this section does not affect any other written law that may prohibit a person from doing any thing mentioned in subsection (1)( a ), ( b ) or ( c ). [19/2018]


document_id: cpc-2010
provision_ref: s425B
chapter: PART 22 - MISCELLANEOUS
section: 425B
title: Information not to be disclosed if prejudicial to national or public interests, etc.
content:
425B. —(1) If — ( a ) at any time after the commencement of a criminal investigation, any person makes an application to the officer of a law enforcement agency who is in charge of the investigation for information in any document or thing relating to the investigation; and ( b ) the document or thing contains any sensitive information, the officer may cause the sensitive information to be removed or sufficiently redacted before disclosing the contents or giving a copy of the document or thing to the person, whether or not the disclosure of the sensitive information is required by law. [14/2019] (2) Subject to subsection (3), for the purposes of any criminal proceedings, the prosecution may cause any sensitive information contained in any document or thing relating to the proceedings that is in the prosecution’s possession or control to be removed or sufficiently redacted before disclosing the contents or giving a copy of the document or thing to the defence, whether or not the disclosure of the sensitive information is required by law. [14/2019] (3) The prosecution must not cause any information to be removed or redacted under subsection (2) if — ( a ) the prosecution intends to rely on the information as evidence for the purposes of the proceedings; or ( b ) the information falls under section 221B(1)( a ) and its disclosure is required by section 221B(3) or (4) or 221D. [Act 5 of 2024 wef 14/02/2025] [14/2019] (4) If the defence is aggrieved by the removal or redaction of any information by the prosecution under subsection (2), the defence may apply to the following court to order the disclosure of the information: ( a ) where the disclosure of the contents or giving a copy of the document or thing was made for the purposes of a criminal case disclosure conference held under Part 9 or 10, the court conducting the criminal case disclosure conference; ( b ) where the disclosure of the contents or giving a copy of the document or thing was made for the purposes of a case conference held under Part 9 or 10, the court conducting the case conference; [Act 25 of 2021 wef 01/04/2022] ( c ) where the disclosure of the contents or giving a copy of the document or thing was made for the purposes of a trial, the court conducting the trial. [14/2019] (5) The court hearing an application under subsection (4) must view the information removed or redacted by the prosecution in the absence of the defence. [14/2019] (6) If an application under subsection (4) is made in criminal proceedings that are heard in open court, the application must be heard and dealt with in private. [14/2019] [Act 25 of 2021 wef 01/04/2022] (7) If — ( a ) a court determines, upon an application made under subsection (4), that the information may not be removed or redacted by the prosecution under subsection (2) read with subsection (3); and ( b ) the disclosure of the information to the defence is required by law, the court must order the prosecution to disclose the information to the defence by such date as the court determines. [14/2019] (8) The court making an order under subsection (7) must, upon an application by the prosecution based on any reasonable grounds, postpone the date mentioned in that subsection to such other date as the court deems fit. [14/2019] (9) To avoid doubt, this section does not affect the operation of any written law or rule of law concerning privilege, secrecy or the protection or non‑disclosure of any information. [14/2019] [Act 5 of 2024 wef 14/02/2025] (10) In this section, “sensitive information” means information that, if disclosed — ( a ) may be prejudicial to the public safety, public security or propriety, public order, national interest or national security of Singapore or any part of Singapore; ( b ) may endanger the safety of any particular person; ( c ) may prejudice the effective conduct of any ongoing or future operation or investigation of any law enforcement agency; or ( d ) may otherwise be prejudicial to the interests of justice in any criminal investigation or criminal proceedings. [14/2019]


document_id: cpc-2010
provision_ref: s426
chapter: PART 22 - MISCELLANEOUS
section: 426
title: Copies of proceedings
content:
426. —(1) Any person (other than the Public Prosecutor) affected by any judgment, sentence or order made by a court may, on application to the court and upon payment of the prescribed fee, be furnished with a copy of any judgment, sentence, order, deposition or any other part of the record of proceedings. (2) [ Deleted by Act 19 of 2018 ] (3) The court may, if it thinks fit, waive the payment of any fee under this section. (4) The Public Prosecutor may apply to the court and must be furnished, free of charge, with a copy of any judgment, sentence, order, deposition or any other part of the record of proceedings. (5) Every application to the court under subsection (1) or (4) may be dealt with, and the power of the court under subsection (3) may be exercised, by — ( a ) the Registrar of the Supreme Court, if the court is the Court of Appeal or the General Division of the High Court; ( b ) the Registrar of the Family Justice Courts, if the court is a Family Court or a Youth Court; or ( c ) the Registrar of the State Courts, if the court is a District Court or a Magistrate’s Court. [19/2018; 40/2019]


document_id: cpc-2010
provision_ref: s427
chapter: PART 22 - MISCELLANEOUS
section: 427
title: Amendment of Schedules
content:
427. —(1) The Minister may, by order in the Gazette , amend any of the Schedules. (2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient. (3) Every order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: cpc-2010
provision_ref: s428
chapter: PART 22 - MISCELLANEOUS
section: 428
title: Minister to make regulations
content:
428. —(1) The Minister may make regulations for anything that is required, permitted or necessary for carrying out the purposes and provisions of this Code. (2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters: ( a ) the treatment, training and detention of persons sentenced to reformative training, corrective training or preventive detention, including any matter relating to the supervision of such persons when they are released from their places of detention; ( b ) the recording of statements in the form of audiovisual recordings, and the prevention of the following: (i) the making of any unauthorised copy of any such audiovisual recording; (ii) the unauthorised possession of any recording device during the recording of any such statement or the viewing of any such audiovisual recording; (iii) the unauthorised use or distribution of any such audiovisual recording; ( c ) the prescribing of any additional method mentioned in section 3(1)( j ) for serving any notice, order or document (other than a summons or a notice to attend court issued under this Code) required or permitted to be served on a person under this Code, including — (i) prescribing different additional methods of service for different types of notices, orders or documents; (ii) restricting the application of a particular additional method of service to a particular type of notice, order or document; and (iii) prescribing the conditions for the application of any particular additional method of service, whether generally or to any particular type of notice, order or document; ( d ) the prescribing of any matters relating to section 20(1), (1A), (3) and (3A), including prescribing — (i) the persons who must set up a system for receiving and responding automatically to a written order under section 20(1)( b ), (1A), (3)( b ) or (3A) and the operational details of the system; (ii) any matters concerning the service of a written order under section 20(1), (1A), (3) or (3A); (iii) the form and manner in which a person must produce, give access to or deliver a copy of a document or thing for the purposes of section 20(1)( a )(iii) or ( b )(i) or (ii) or (3)( b ); (iv) the manner in which a person must authenticate data, or a copy of data, for the purposes of section 20(1A)( a )(i) or ( b )(i) or (3A)( a )(i) or ( b )(i); and (v) the form and manner in which a person must produce data, or a copy of data, for the purposes of section 20(1A)( a )(ii) or ( b )(ii) or (3A)( a )(ii) or ( b )(ii); ( e ) the electronic monitoring of the whereabouts of an accused who is granted bail or released on personal bond, for the purposes of section 94; ( f ) the prescribing of anything that is required or permitted by this Code to be prescribed. [19/2018] (3) The regulations made for or with respect to the matters in subsection (2)( b ) — ( a ) may provide that a contravention of any specified provision of those regulations is an offence; ( b ) may provide for penalties not exceeding a fine of $2,000 or imprisonment for a term not exceeding 2 years or both for each offence; and ( c ) may provide for any offence under those regulations to be an arrestable offence. [19/2018] (4) The powers conferred by this section do not extend to any matter for which Criminal Procedure Rules may be made under section 428A. [19/2018]


document_id: cpc-2010
provision_ref: s428A
chapter: PART 22 - MISCELLANEOUS
section: 428A
title: Criminal Procedure Rules Committee and Criminal Procedure Rules
content:
428A. —(1) A committee called the Criminal Procedure Rules Committee is constituted by this section. [19/2018] (2) The Criminal Procedure Rules Committee consists of the following members: ( a ) the Chief Justice, who is the chairperson of the Committee; ( b ) 2 Supreme Court Judges (excluding the Presiding Judge of the State Courts), each of whom is appointed by the Chief Justice for such period as the Chief Justice may specify in writing; ( c ) the Presiding Judge of the State Courts; ( d ) the Registrar of the Supreme Court; ( e ) a District Judge, who is appointed by the Chief Justice for such period as the Chief Justice may specify in writing; ( f ) the Public Prosecutor, or a member appointed by the Public Prosecutor under this paragraph for such period as the Public Prosecutor may specify in writing; ( g ) 2 members, each of whom is appointed by the Public Prosecutor under this paragraph for such period as the Public Prosecutor may specify in writing; ( h ) 2 practising advocates and solicitors, each of whom is appointed by the Minister for such period as the Minister may specify in writing; ( i ) 2 public officers, each of whom is appointed by the Minister charged with the responsibility for home affairs for such period as that Minister may specify in writing. [19/2018; 40/2019] (3) The Criminal Procedure Rules Committee may make Criminal Procedure Rules regulating and prescribing the procedure and the practice to be followed in each court in all matters in or with respect to which that court for the time being exercises criminal jurisdiction and any matters incidental to or relating to any such procedure or practice. [19/2018] (4) Without limiting subsection (3), Criminal Procedure Rules may be made for or with respect to all or any of the following matters: ( a ) any form that is to be used by any person in relation to any matter under this Code; ( b ) the disclosure of and access to any document or material in the possession of the prosecution or the defence, including any statement recorded under section 22 or 23 in the form of an audiovisual recording; ( c ) for giving effect to Parts 9, 10 and 11; ( d ) the rates or scales of payment of the expenses and compensation that may be ordered under section 363, and any matter concerning the payment of the expenses and compensation; ( e ) in relation to documents being filed with, served on, delivered or otherwise conveyed to any court or any party to any criminal matter — (i) the establishment of any electronic filing service and any other matter that relates to the use or operation of the electronic filing service; (ii) the manner and form of any such filing, service, delivery or conveyance; (iii) the modification of such provisions of the Evidence Act 1893 as may be necessary for the purpose of facilitating the use in court of documents filed, served, delivered or conveyed using the electronic filing service; (iv) the burden of proof and rebuttable presumptions in relation to the identity and authority of the person filing, serving, delivering or conveying the documents by the use of the electronic filing service; (v) the authentication of documents filed, served, delivered or conveyed by the use of the electronic filing service; and (vi) the means by which particular facts may be proved, and the mode in which evidence of those facts may be given, in any proceedings which involve the use or operation of the electronic filing service; ( f ) the prescribing of anything that is required or permitted to be prescribed by Criminal Procedure Rules. [19/2018] (5) The quorum for a meeting of the Criminal Procedure Rules Committee is 7 members. [19/2018] (6) Each member has one vote. [19/2018] (7) A decision is adopted by the Criminal Procedure Rules Committee at a meeting if a majority of the votes cast on it are in favour of it. [19/2018] (8) A member present at a meeting of the Criminal Procedure Rules Committee is presumed to have agreed to, and to have cast a vote in favour of, a decision of the Committee, unless the member expressly votes against the decision at the meeting. [19/2018] (9) The members may, in place of the procedure described in subsections (7) and (8), adopt a decision by assenting to the decision in writing, if — ( a ) all of the members are given (whether by post, personal delivery or electronic communication) the terms of the decision to be made; and ( b ) a majority of those members who are entitled to vote on the matter sign or approve a document containing the terms of the decision to be made and a statement that they are in favour of those terms. [19/2018] (10) Where subsection (9) applies, the decision is deemed to have been adopted at a meeting of the Criminal Procedure Rules Committee on the date on which the document containing the terms of the decision to be made is signed or approved by the last member required to form the majority of members in favour of the decision. [19/2018] (11) For the purposes of subsections (9) and (10), the adoption of a decision by the Criminal Procedure Rules Committee may consist of several documents containing the same terms of the decision to be made, each signed or approved by one or more members. [19/2018] (12) Criminal Procedure Rules made under this section cannot come into operation unless they have been approved by the Chief Justice and the Minister. [19/2018] (13) All Criminal Procedure Rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette . [19/2018] (14) This section does not affect either of the following: ( a ) any other written law that confers power to make subsidiary legislation for regulating or prescribing the procedure and practice to be followed by any court when exercising criminal jurisdiction, or jurisdiction of a quasi‑criminal nature, in any proceedings; ( b ) any subsidiary legislation made under any such written law. [19/2018] (15) Until the Criminal Procedure Rules Committee makes Criminal Procedure Rules on any matter mentioned in subsection (3) or (4), or for any other purpose mentioned in this Code — ( a ) the Minister may make rules under this subsection for that matter or purpose; and ( b ) the following are deemed to be Criminal Procedure Rules: (i) any rules mentioned in paragraph ( a ); (ii) any regulations made, before 17 September 2018, under section 428 as in force before that date, for that matter or purpose. [19/2018] (16) When the Criminal Procedure Rules Committee makes Criminal Procedure Rules on any matter mentioned in subsection (3) or (4), or for any other purpose mentioned in this Code — ( a ) any subsidiary legislation mentioned in subsection (15) that was made for that matter or purpose must be revoked; and ( b ) those Criminal Procedure Rules may contain such provisions of a saving or transitional nature consequent on the enactment of those Criminal Procedure Rules, or on the revocation of that subsidiary legislation, as the Criminal Procedure Rules Committee may consider necessary or expedient. [19/2018]


document_id: cpc-2010
provision_ref: s429
chapter: PART 22 - MISCELLANEOUS
section: 429
title: Saving and transitional provisions
content:
429. —(1) This Code does not affect — ( a ) any inquiry, trial or other proceeding commenced or pending under the repealed Code before 2 January 2011, and every such inquiry, trial or other proceeding may be continued and everything in relation thereto may be done in all respects after that date as if this Code had not been enacted; and ( b ) any further proceedings which may be taken under the repealed Code in respect of any inquiry, trial or other proceeding which has commenced or is pending before 2 January 2011, and such further proceedings may be taken and everything in relation thereto may be done in all respects after that date as if this Code had not been enacted. (2) Any application, authorisation, consent, direction, fiat, instruction, order, requirement or sanction of the Public Prosecutor given or made under the repealed Code before 2 January 2011 and which remains in force or which is not complied with before that date is treated as if it were an application, authorisation, consent, direction, fiat, instruction, order or requirement of the Public Prosecutor given or made under the corresponding provisions of this Code. (3) Any summons, warrant or requisition issued by a court under the repealed Code before 2 January 2011 and which has not been complied with or executed before that date is treated as if it were a summons, warrant or requisition (as the case may be) issued under the corresponding provisions of this Code. (4) Any proclamation published by a court under section 51 of the repealed Code is treated as if it were a proclamation published under section 88. (5) Any authorisation given by the Commissioner of Police under section 70 of the repealed Code which is not acted on before 2 January 2011 is treated as if it were an authorisation of the Commissioner of Police given under section 33. (6) Any written order of a police officer under section 58 of the repealed Code which is not complied with before 2 January 2011 is treated as if it were a written order of a police officer under section 20. (7) Any order of a police officer under section 120 of the repealed Code which is not complied with before 2 January 2011 is treated as if it were an order of a police officer under section 21. (8) Any requisition made by a police officer or authorised person under section 125A or 125B of the repealed Code before 2 January 2011 which is not complied with before that date is deemed to be a requisition made by a police officer or an authorised person under section 39 or 40, respectively. (9) Any plea of guilty by letter under section 137 of the repealed Code which is not dealt with by a court before 2 January 2011 is treated as if it were a plea of guilty by letter under section 154 and that provision applies accordingly to the plea of guilty. (10) Any plea of guilty under section 137A of the repealed Code which is not dealt with by a court before 2 January 2011 is treated as if it were a plea of guilty under section 226 and that provision applies accordingly to the plea of guilty. (11) Any bond executed by any person under the repealed Code before 2 January 2011 and which remains in force on or after that date is treated as if it were a bond executed under the corresponding provisions of this Code. (12) Any person who is subject to the supervision of the police under section 11 of the repealed Code is treated as if the person were a person subject to police supervision under section 309 of this Code. (13) Any information received or recorded under section 115 of the repealed Code which is not dealt with in accordance with the provisions of the repealed Code before 2 January 2011 is treated as if the information were received or recorded under section 14 and the police must deal with the matter in accordance with the provisions of this Code. (14) Any complaint which is received by a Magistrate before 2 January 2011 and which is not disposed of before that date, is treated as if it were a complaint received by a Magistrate under this Code and the provisions of this Code, with the necessary modifications, apply in relation to the complaint. (15) Any offence which is to be compounded under section 199A of the repealed Code and which is not so compounded before 2 January 2011 is treated as an offence which is to be compounded under section 243 of this Code. (16) Despite any other provisions in this Code, Part 19 applies, with the necessary modifications, to any property seized under the provisions of the repealed Code and which is not reported or disposed of in accordance with Chapter XXXVIII of the repealed Code. (17) Where any period of time specified in any provision in the repealed Code is current immediately before 2 January 2011, this Code has effect as if the corresponding provision in this Code had been in force when the period began to run; and (without affecting the foregoing) any period of time so specified and current is deemed for the purposes of this Code — ( a ) to run from the day or event from which it was running immediately before 2 January 2011; and ( b ) to expire (subject to any provision of this Code for its extension) whenever it would have expired if this Code had not been enacted, and any rights, priorities, liabilities, reliefs, obligations, requirements, powers, duties or exemptions dependent on the beginning, duration or end of such a period as abovementioned are under this Code as they were or would have been under that provision in the repealed Code. (18) Any subsidiary legislation made under the repealed Code and in force immediately before 2 January 2011, so far as it is not inconsistent with the provisions of this Code, continues to be in force as if made under this Code until it is revoked or repealed by subsidiary legislation made under this Code. (19) Insofar as it is necessary for preserving the effect of any written law, any reference in such written law to a seizable offence or a non-seizable offence is to be construed, respectively, as a reference to an arrestable offence or a non-arrestable offence under this Code. (20) Where in any written law reference is made to the sanction of the Public Prosecutor or a Deputy Public Prosecutor, such reference is to be read as a reference to the consent of the Public Prosecutor or a Deputy Public Prosecutor. (21) In any written law or document in which a reference is made to the repealed Code, such reference is to be read as a reference to this Code. (22) Where before 2 January 2011 any inquiry is held under Chapter XXX of the repealed Code and has not been concluded immediately before that date, the inquiry may continue in accordance with the provisions under the repealed Code relating to such inquiry as if this Code had not been enacted.


document_id: cpfa-1953
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “additional interest” means the interest referred to in section 6(4B); “applicable person” means — ( a ) a citizen or permanent resident of Singapore; or ( b ) for the purposes of a provision of this Act or subsidiary legislation made under this Act in which the term appears, any other person of a class prescribed by regulations made under section 77(1) for the purposes of that provision; [Act 36 of 2023 wef 01/04/2024] “approved annuity” means an annuity approved by the Board for the purposes of section 15(6C)( b ) or the former section 15(6C)( b ); “approved bank” means a bank approved by the Board for the purposes of section 15(6C)( a ) or the former section 15(6C)( b ); “approved corporation” means any company which — ( a ) is incorporated in Singapore; ( b ) is — (i) wholly or partly owned by the Government; (ii) a subsidiary of a company wholly or partly owned by the Government; or (iii) a subsidiary of a statutory board; and ( c ) is approved by the Minister; “approved developer” means an approved developer under Part 4B of the Housing and Development Act 1959; [Act 39 of 2021 wef 01/03/2022] “assessor” means a person having the necessary qualifications approved by the Minister charged with the responsibility for health, subject to such conditions as that Minister may impose, to conduct, and report, on disability assessments for the purposes of a certification under section 16B(2); “Board” means the Central Provident Fund Board constituted under section 3; “CareShield Life Scheme” means the CareShield Life Scheme established by section 5 of the CareShield Life and Long‑Term Care Act 2019; “certifying body” means a body appointed by the Minister charged with the responsibility for health — ( a ) to certify whether a member needs long‑term care based on the conditions prescribed in regulations made under section 77(1); and ( b ) to determine the matters in sections 16B and 16C; “chief executive officer” means the chief executive of the Board, and includes any individual acting in that capacity; “collector” means any person or a member of a class of persons, specified by regulations made under section 77(1) to be a person who is required under section 9B to pay an estimated contribution in respect of a self-employed person; “contract” means any contract, whether written or oral, and whether express or implied; “designated shareholder” means a person who has withdrawn all or part of the amount standing to his or her credit in the Fund to purchase designated shares; [Act 39 of 2021 wef 01/04/2022] “designated shares” means such shares or class of shares in any approved corporation as the Minister may designate which are purchased with moneys withdrawn under this Act; [Act 39 of 2021 wef 01/04/2022] “designated shares payment” means — ( a ) the proceeds of the sale of vested shares; ( b ) dividends, returned paid‑up share capital or other moneys in respect of the vested shares; or ( c ) the proceeds of the sale of designated shares that are paid into the Fund under this Act after the Board is notified that the designated shareholder in respect of those shares has died; [Act 39 of 2021 wef 01/04/2022] “ElderShield Scheme” means the ElderShield Scheme established by section 11 of the CareShield Life and Long‑Term Care Act 2019; “employed” means engaged under a contract of service or apprenticeship or in an employment in respect of which contributions are payable under regulations made under section 77(1); “employee” means any person who — ( a ) is employed in Singapore by an employer otherwise than as a master, a seaman or an apprentice in any vessel; or ( b ) being a citizen of Singapore is employed — (i) as a master, a seaman or an apprentice in any vessel, the owners of which have not been exempted from the provisions of this Act; and (ii) under a contract of service or other agreement entered into in Singapore; “employer” means — ( a ) any person, company, association or body of persons, whether or not incorporated, by whom an employee is employed; ( b ) the owners of any vessel on which an employee is employed; ( c ) any manager, agent or person responsible for the payment of wages to an employee on behalf of an employer; and ( d ) the Government in respect of such categories, classes or descriptions of officers or employees of such Government as may from time to time be declared by the President by notification in the Gazette to be employees for the purposes of this Act; “entitlement date” means a date specified by the Board, for the purposes of section 15(7) and (7B)( a ), that falls in the month in which the member attains the prescribed age; [Act 39 of 2021 wef 01/03/2022] “estimated contribution” means a contribution to the Fund payable by a collector under section 9B; “flat” means a horizontal stratum of any building or part thereof, whether the stratum or part is on one or more levels or is partially or wholly below the surface of the ground; “Fund” means the Central Provident Fund established under section 6; “general moneys of the Fund” means the moneys of the Fund (whether or not standing to the credit of any member in the Fund) that are not accounted for in any subsidiary account maintained for a member in respect of the money standing to the member’s credit in the Fund; “HDB flat” means any flat, house or other building sold under Part 4 or 4B of the Housing and Development Act 1959 which has been acquired by the present owner thereof whether directly from the Housing and Development Board or otherwise; “Housing and Development Board” means the Housing and Development Board constituted under the Housing and Development Act 1959; “Housing Authority” means any of the following: ( a ) the Housing and Development Board; ( b ) the Jurong Town Corporation established by section 3 of the Jurong Town Corporation Act 1968; ( c ) the Minister for Finance incorporated under the Minister for Finance (Incorporation) Act 1959; ( d ) the Housing and Urban Development Company Private Limited, a company incorporated under the Companies Act 1967; [Act 39 of 2021 wef 01/03/2022] “immovable property” includes — ( a ) any estate or interest in land comprising a building or flat which is erected or to be erected on the land; ( b ) any undivided share in any estate or interest in land comprising several flats erected or to be erected thereon; “inspector” means an inspector appointed under section 5(1); “interest in land” means any interest in land recognised as such by law, and includes an estate in land; “investigator” means an investigator appointed under section 58D(1) or (2); “land” includes land, freehold or leasehold, or of whatever tenure, whether or not held apart from the surface, and buildings or parts thereof (whether completed or otherwise and whether divided horizontally, vertically or in any other manner), and tenements and hereditaments, corporeal or incorporeal; “Lifelong Income Fund” means the Lifelong Income Fund established and maintained by the Board under section 27N; “master” and “seaman” have the meanings given by the Merchant Shipping Act 1995; “medisave account” means a medisave account maintained under section 13; “MediShield Life Scheme” means the MediShield Life Scheme referred to in section 3 of the MediShield Life Scheme Act 2015; “member of the Fund” or “member” means any person to whose credit any amount is standing in the Fund, or for whom any account in the Fund is maintained for any of the purposes of this Act; “nominee account” means any nominee ordinary account, nominee medisave account, nominee special account or nominee retirement account maintained for a deceased member under section 20(1D); “ordinary account” means an ordinary account maintained under section 13; “payout benchmark applicable to the member” means the payout benchmark specified by the Minister in relation to the member under section 15AA(8)( a ) or ( c ); [Act 39 of 2021 wef 01/03/2022] “permanent resident” or “permanent resident of Singapore” means a permanent resident of Singapore as defined by section 2 of the Immigration Act 1959; [Act 31 of 2023 wef 01/12/2025] “platform earnings”, in relation to a platform worker, means the platform worker’s platform remuneration, but excludes any excluded payments that the Minister may, by notification in the Gazette , specify; [Act 30 of 2024 wef 15/10/2024] “platform operator” has the meaning given by section 4 of the Platform Workers Act 2024; [Act 30 of 2024 wef 15/10/2024] “platform remuneration”, in relation to a platform worker, means the remuneration in money payable to the platform worker in respect of any platform service provided by the platform worker to a service user for a platform operator under a platform work agreement, and includes any bonus earned by the platform worker in respect of the platform service; [Act 30 of 2024 wef 15/10/2024] “platform service”, “platform work agreement”, “platform worker” and “service user” have the respective meanings given by the Platform Workers Act 2024; [Act 30 of 2024 wef 15/10/2024] “prescribed age” means such age of a member as the Minister may prescribe by regulations made under section 77(1), and the Minister may prescribe different ages for different purposes and in respect of different classes of members; “relevant individual” means such individual as the Minister may prescribe by regulations made under section 77(1) for the purposes of section 18(1)( a ), (2)( a ) and (3)( a ), and the Minister may prescribe different individuals in different regulations for different purposes; “reserved amount”, in relation to a member, means such reserved amount referred to in section 15(6)( c ) or 15AA(5)( b ) as may be applicable to the member; [Act 39 of 2021 wef 01/03/2022] “retirement account” means a retirement account — ( a ) maintained for the crediting, transfer and payment to the account of moneys or contributions in accordance with this Act; and ( b ) from which withdrawals, transfers and deductions may be made in accordance with this Act; “retirement sum”, in relation to a member, means any of the following as may be applicable: ( a ) the retirement sum mentioned in section 15(6)( a ) that is applicable to the member; ( b ) the minimum sum mentioned in section 15(6)( a ), as in force immediately before 1 January 2017, that is applicable to the member; “revenue payment” means any payment prescribed by regulations made under section 77(1) to be a revenue payment for the purposes of section 9B; “securities account” means a securities account with the Central Depository (Pte) Limited; “self-employed person” has the meaning given by any regulations made under section 77(1)( e ); “shares” includes warrants, transferable subscription rights, options to subscribe for shares, convertibles and other security interests arising from or accruing or attaching to the shares; “special account” means a special account maintained under section 13; “Supplement Scheme” means the Supplement Scheme defined in section 2(1) of the CareShield Life and Long‑Term Care Act 2019; “Town Council” means a Town Council established under the Town Councils Act 1988; “vested shares” means designated shares that are vested in the Board under section 26(1), or section 26, 26A or 26B as in force immediately before the date of commencement of section 29 of the Central Provident Fund (Amendment) Act 2021; [Act 39 of 2021 wef 01/04/2022] “wages” means the remuneration in money, including any bonus, due or granted to a person in respect of the person’s employment but does not include such payments as the Minister may, by notification in the Gazette , specify. [23/2012; 24/2013; 4/2015; 6/2016; 26/2016; 43/2017; 5/2018; 26/2019; 37/2019] (1AA) In this Act — ( a ) a reference to the former section 15(6C)( b ) is a reference to section 15(6C)( b ), as in force immediately before 1 January 2017; and ( b ) a reference to an amount referred to in section 15(6C)( 


document_id: cpfa-1953
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Establishment and constitution of Central Provident Fund Board
content:
3. —(1) For the purposes of this Act, there is established a Board, called the Central Provident Fund Board, consisting of — ( a ) the Chairperson appointed under section 4(1); and [Act 33 of 2024 wef 01/12/2024] ( b ) the other members appointed under section 4(4). [Act 33 of 2024 wef 01/12/2024] ( c ) [ Deleted by Act 33 of 2024 wef 01/12/2024 ] (2) The Board is a body corporate with perpetual succession and a common seal, with power, subject to the provisions of this Act — ( a ) to sue and be sued in its corporate name; ( b ) to acquire and dispose of property, both movable and immovable; and ( c ) to perform such other acts as bodies corporate may by law perform. [23/2012] (3) All deeds, documents and other instruments requiring the common seal of the Board must be sealed with the common seal of the Board. (3A) All instruments to which the common seal is affixed must be signed by any 2 officers of the Board generally or specially authorised by the Board for the purpose. (4) The Board may by resolution or otherwise appoint an officer of the Board or any other agent either generally or in a particular case to execute or sign on behalf of the Board any agreement or other instrument not under seal in relation to any matter coming within the powers of the Board. (5) Section 11 of the Registration of Deeds Act 1988 does not apply to any instrument purporting to have been executed under subsection (3). (5A) The Board may, with the Minister’s approval, form or participate in the formation of any company, or enter into any joint venture or partnership, for the purposes of — ( a ) this Act; or ( b ) carrying out all or any of the following: (i) the functions and duties of the Board; (ii) any thing which the Board may engage in under section 76(1)( a ) or ( b ). [23/2012] (6) The Board has power to do all things necessary or convenient to be done for, or in connection with, the performance of its functions, duties or activities under this Act or any other written law, and may by instrument in writing delegate to any person all or any of those powers. [5/2018]


document_id: cpfa-1953
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Membership of Board
content:
4. —(1) The Minister, with the President’s concurrence under Article 22A(1)( b ) of the Constitution, must appoint a person (who is not the chief executive officer) as the Chairperson of the Board for a term of 3 years, or for such shorter term as the Minister may determine, and the Chairperson is eligible for re‑appointment. [Act 33 of 2024 wef 01/12/2024] (2) The Minister, with the President’s concurrence under Article 22A(1)( b ) of the Constitution, may appoint any other member of the Board appointed under subsection (4) (who is not the chief executive officer) as the Deputy Chairperson of the Board. [Act 33 of 2024 wef 01/12/2024] (3) The Deputy Chairperson may, subject to such directions as may be given by the Chairperson, exercise all or any of the powers exercisable by the Chairperson under this Act. (3A) The Minister, with the President’s concurrence under Article 22A(1)( b ) of the Constitution, may appoint any other member of the Board appointed under subsection (4) (who is not the chief executive officer) to act temporarily as — ( a ) the Chairperson; or ( b ) the Deputy Chairperson, during the temporary incapacity from illness or otherwise, or during the temporary absence from Singapore, of the Chairperson or Deputy Chairperson, as the case may be. [Act 33 of 2024 wef 01/12/2024] (4) The other members of the Board must be appointed by the Minister with the President’s concurrence under Article 22A(1)( b ) of the Constitution and are to consist of the following persons: ( a ) 2 public officers representing the Government; [Act 33 of 2024 wef 01/12/2024] ( b ) 2 persons representing employers; ( c ) 2 persons representing employees; and ( d ) such other persons, not being more than 8, as the Minister may from time to time determine. [Act 33 of 2024 wef 01/12/2024] (4A) The Minister, with the President’s concurrence under Article 22A(1)( b ) of the Constitution, may appoint the chief executive officer to be a member of the Board under subsection (4)( d ). [Act 33 of 2024 wef 01/12/2024] (4B) Any appointment under subsection (2) or (4) may be for a term of 3 years or a shorter term determined by the Minister in any case, and each member so appointed is eligible for re-appointment. [Act 33 of 2024 wef 01/12/2024] (5) The quorum of the Board is 5. (6) At a meeting of the Board in relation to any matter, the following person presides: ( a ) if the Chairperson is present and is not interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter — the Chairperson; ( b ) if the Chairperson is not present or is interested (within the meaning given by Part 4 of the Public Sector (Governance) Act 2018) in the matter, and the Deputy Chairperson who is not so interested in the matter is present — the Deputy Chairperson; ( c ) in any other case — the member elected from among the members present at the meeting. [Act 33 of 2024 wef 01/12/2024] (6A) The person specified in subsection (6)( b ) or ( c ) may exercise the powers and perform the functions of the Chairperson for the purposes of the meeting. [Act 33 of 2024 wef 01/12/2024] (7) The members of the Board are to be paid such allowances as may be fixed by the Minister. (8) The Minister may, at any time, accept the resignation of the Chairperson or any other member of the Board. [Act 33 of 2024 wef 01/12/2024] (9) The Minister, with the President’s concurrence under Article 22A(1)( b ) of the Constitution, may at any time revoke the appointment of the Chairperson or any other member of the Board. [Act 33 of 2024 wef 01/12/2024] (10) Any person who is a Member of Parliament is disqualified from being appointed to or remaining a member of the Board. (11) The Chairperson may, by written instrument, authorise any member of the Board to exercise any power or perform any function conferred on the Chairperson by or under this Act.


document_id: cpfa-1953
provision_ref: s4A
chapter: PART 1 - PRELIMINARY
section: 4A
title: Appointment of officers and employees
content:
4A. —(1) There must be a chief executive officer of the Board, whose appointment, removal, discipline and promotion must be in accordance with the Public Sector (Governance) Act 2018, and Article 22A of the Constitution. [5/2018] (1A) [ Deleted by Act 5 of 2018 ] (2) The Board may, subject to the Public Sector (Governance) Act 2018 and Article 22A of the Constitution, appoint an individual to act temporarily as the chief executive officer during any period, or during all periods, when the chief executive officer — ( a ) is absent from duty or Singapore; or ( b ) is, for any reason, unable to perform the duties of the office. [5/2018] (3) The Board may, subject to the Public Sector (Governance) Act 2018, appoint and employ, on such terms and conditions as it may determine, such other officers, employees, consultants and agents as may be necessary for the effective performance of its functions. [5/2018] (4) The Board may make rules for all or any of the purposes of this section and section 4 and, in particular, may make rules — ( a ) for the conduct of its proceedings; and ( b ) for the appointment, promotion, dismissal, termination of service and disciplinary control of all persons employed by the Board.


document_id: cpfa-1953
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Appointment of inspectors
content:
5. —(1) The Board may appoint such number of inspectors as it may consider necessary for carrying this Act into effect. (2) The Commissioner for Labour and any Deputy Commissioner for Labour, Principal Assistant Commissioner for Labour, Assistant Commissioner for Labour or inspecting officer appointed under the Employment Act 1968 may exercise all or any of the powers of an inspector. [24/2013] (3) For the purposes of this Act, an inspector may at any reasonable time — ( a ) enter and search any premises or place where the inspector has reasonable cause to believe that a person is employed or that evidence of the commission of a relevant offence can be found; [Act 30 of 2024 wef 15/12/2024] ( ab ) require any person found in the premises or place to answer any question (to the best of that person’s knowledge, information and belief) and provide any document or information, about any matter relevant for the purposes of this Act; [Act 30 of 2024 wef 15/12/2024] ( b ) examine, either alone or in the presence of any other person with respect to any matter under this Act or which the inspector may reasonably require information about, any person whom the inspector has reasonable cause to believe to be or to have been an employee or an employer, and require every such person to be examined and for the purposes of the examination may summon any such person to attend at the place and time specified in the summons; ( c ) put questions concerning employees or their employment to their employer or to any person who may be in charge of them, or to any of the employees themselves, or to any other person whom the inspector may consider it desirable to question, and the employer or employee or person is legally bound to answer the questions truthfully to the best of that person’s ability; ( d ) require any employer to produce before the inspector all or any of the employees employed by the employer together with any contract of service, book of account of wages, register and other document concerning the employees or their employment and to answer such questions relating thereto as the inspector may think proper to ask; ( e ) require any employer to produce for inspection by the inspector the audited statements of accounts of the employer’s undertaking and other records relating to the accounts and to answer such questions relating thereto as the inspector may think proper to ask; and ( f ) require — (i) any document or record containing information concerning employees or their employment to be provided by their employers, by any person who may be in charge of the employees, by the employees themselves or by any other person from whom the inspector may consider it desirable to require such document or record to be provided; and [Act 30 of 2024 wef 15/12/2024] (ii) the employers, employees or person referred to in sub‑paragraph (i) to answer such questions as the inspector may think proper to ask relating to such document or record. [24/2013] [Act 30 of 2024 wef 15/12/2024] (3A) In addition to the powers conferred on him or her under subsection (3), an inspector who has reasonable cause to believe that a relevant offence has been committed may by written notice require any person to — ( a ) provide information within the knowledge of that person; ( b ) provide any document in the possession, custody or control of that person; or ( c ) attend at any place to answer any question, which the inspector considers to be relevant to the investigation of the relevant offence, at any reasonable time and place specified in the notice. [Act 30 of 2024 wef 15/12/2024] (3AA) A person required to provide any document or information or to answer any question under subsection (3) or (3A) must provide the document or information or answer the question (as the case may be) and state truly the facts and circumstances with which that person is acquainted concerning the matter under investigation. [Act 30 of 2024 wef 15/12/2024] (3B) An inspector may inspect, make a copy of or take extracts from any document provided or produced under subsection (3) or (3A), and take possession of the document if, in the inspector’s opinion — ( a ) the copying of the document cannot be reasonably done unless possession is taken; ( b ) the document may be tampered with unless possession is taken; or ( c ) the document may be required as evidence in any proceedings for a relevant offence or in any proceedings for the recovery of moneys due to the Fund. [Act 30 of 2024 wef 15/12/2024] (4) Where a document required by an inspector is kept in electronic form — ( a ) the power of an inspector in relation to any document under subsection (3) or (3A) includes the power to require a copy of that document to be made available for inspection in legible form; and ( b ) subsection (3B) applies to any copy so made available. [Act 30 of 2024 wef 15/12/2024] (4A) In relation to compliance with section 8A — ( a ) subsection (3) applies, with the necessary modifications, to a platform operator that is required under section 8A to contribute to the Fund as it applies to an employer; ( b ) a reference to wages in subsection (3) is to be construed, with the necessary modifications, as a reference to platform remuneration payable to a platform worker of a platform operator; and ( c ) a reference to an employee in subsection (3) is to be construed, with the necessary modifications, as a reference to a platform worker of a platform operator and a reference to employment is to be construed as engagement by the platform operator. [Act 30 of 2024 wef 15/12/2024] (4B) In relation to compliance with section 9A — ( a ) subsection (3) applies, with the necessary modifications, to a self-employed person who is required under section 9A to contribute to the Fund as it applies to an employer; and ( b ) a reference to wages in subsection (3) is to be construed as a reference to income of that self-employed person. [Act 30 of 2024 wef 15/12/2024] (4C) Any copy of or extract from a document made under this section and certified as such by the inspector is admissible as evidence in any proceedings under this Act. [Act 30 of 2024 wef 15/12/2024] (5) If any person — ( a ) wilfully delays an inspector or any of the officers referred to in subsection (2) in the exercise of any power under this section; ( b ) fails to comply with the requisition of an inspector or any such officer under this section or to provide or produce any document which the person is required by or under this section to produce; [Act 30 of 2024 wef 15/12/2024] ( c ) contravenes subsection (3AA) or wilfully withholds any information which that person is required by this section to provide to an inspector or such officer; or [Act 30 of 2024 wef 15/12/2024] ( d ) conceals or prevents or attempts to conceal or prevent a person from appearing before or being examined by an inspector or such officer, that person is deemed to obstruct an inspector or that officer in the execution of his or her duties under this Act. [24/2013] (6) Any person who obstructs an inspector or any of the officers referred to in subsection (2) shall be guilty of an offence. (7) In this section — “document” — ( a ) means any document (including any record, contract, register, book of accounts or statements of accounts mentioned in subsection (3)( d ), ( e ) or ( f )) in any medium; and ( b ) includes such a document containing information in digital or electronic form; “relevant offence” means — ( a ) an offence under section 7(3) or (5) or 58(1)( b ) or ( e ) committed by an employer; ( b ) an offence under section 8A(3) or (5) or 58(1)( b ) or ( e ) committed by a platform operator; ( c ) an offence under section 60 committed by any director, manager, secretary or other officer of an employer or a platform operator that committed an offence mentioned in paragraph ( a ) or ( b ), as the case may be; ( d ) an offence under section 58(1)( d ) or ( e ) committed by a self-employed person; ( e ) an offence under section 58(1)( a ) or ( c ) committed by any person; and ( f ) any other offence under this Act prescribed by regulations made under section 77(1) to be a relevant offence. [Act 30 of 2024 wef 15/12/2024]


document_id: cpfa-1953
provision_ref: s5A
chapter: PART 1 - PRELIMINARY
section: 5A
title: Budget
content:
5A. —(1) The Board must in every financial year prepare a budget containing estimates of income and expenditure of the Board for the ensuing financial year and a supplementary budget (if necessary) for any financial year and present them to the President for the President’s approval under Article 22B of the Constitution. (2) The budget and supplementary budget (if any) when approved by the President must be published in the Gazette .


document_id: cpfa-1953
provision_ref: s5B
chapter: PART 1 - PRELIMINARY
section: 5B
title: Issue of shares, etc.
content:
5B. As a consequence of the vesting of any property, rights or liabilities of the Government in the Board under this Act, or of any capital injection or other investment by the Government in the Board in accordance with any written law, the Board must issue such shares or other securities to the Minister for Finance as that Minister may from time to time direct.


document_id: cpfa-1953
provision_ref: s5C
chapter: PART 1 - PRELIMINARY
section: 5C
title: Symbol or representation of Board
content:
5C. —(1) The Board has the exclusive right to the use of such symbol or representation as the Board may select or devise and thereafter display or exhibit such symbol or representation in connection with its activities or affairs. (2) Any person who uses a symbol or representation identical with that of the Board, or which so resembles the Board’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $250 for every day or part of a day during which the offence continues after conviction.


document_id: cpfa-1953
provision_ref: s5D
chapter: PART 1 - PRELIMINARY
section: 5D
title: Directions by Minister
content:
5D. The Minister may give to the Board any direction under section 5 of the Public Sector (Governance) Act 2018. [5/2018]


document_id: cpfa-1953
provision_ref: s6
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 6
title: Establishment of Central Provident Fund
content:
6. —(1) For the purposes of this Act, there is established a fund called the Central Provident Fund — ( a ) into which are to be paid all contributions authorised under this Act; and ( b ) out of which are to be met all payments authorised to be paid under this Act. (2) The Board is the trustee of the Fund and all moneys belonging to the Fund may be — ( a ) deposited in a bank or banks approved by the Board; ( b ) invested in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965; or ( c ) used for the purchase of any property and for the construction of buildings for the purposes of the Board or for letting to derive income therefrom and the Board may dispose of all or any part of the property or buildings. (3) [ Omitted as spent ] (4) Subject to subsections (4C) to (4I), the Board must pay to a member of the Fund interest — ( a ) at such intervals, and on the amount standing to the credit of the member in the Fund at such time, as the Board may determine; and ( b ) at such rate per annum as the Board may from time to time declare by notification in the Gazette , being a rate of interest which — (i) is not less than 2.5% per annum; and (ii) may exceed 2.5% per annum if the Minister for Finance so approves. (4A) For the purposes of subsection (4), the Board may declare different rates of interest for different parts of the amount standing to the credit of a member in the Fund. (4B) The Board may, in its discretion, pay to a member of the Fund interest in addition to that referred to in subsection (4) — ( a ) at such intervals as the Board may determine — (i) on the whole or such part, as the Board may determine, of the amount standing to the credit of the member in the Fund at such time as the Board may determine; and (ii) if the member belongs to such class of members as the Minister may prescribe by regulations made under section 27Q, on the whole or such part, as the Board may determine, of the aggregate at such time as the Board may determine of — (A) the amount of any premium paid by the member under section 27L; and (B) the interest that would have been payable thereon, if that amount had been standing to the credit of the member in his or her retirement account; and ( b ) at such rate per annum, and subject to such terms and conditions, as the Board may, with the approval of the Minister for Finance, determine. [23/2012] (4C) Subject to subsection (4D), the Board may suspend the payment of interest on any amount standing to the credit of a member in the Fund on the transfer or crediting of that amount to the general moneys of the Fund on or after 1 April 2022. [Act 39 of 2021 wef 01/04/2022] [Act 36 of 2023 wef 01/04/2024] (4D) Where the Board is notified on or after 1 April 2022 that a member has died, the Board may cease to pay interest on — ( a ) any amount standing to the credit of the member in the Fund that is or has been transferred or credited to the general moneys of the Fund under section 13(7B) as in force immediately before 1 April 2022 or section 13 or 26; and [Act 36 of 2023 wef 01/04/2024] ( b ) any designated shares payments paid to the general moneys of the Fund under section 26B as in force immediately before 1 April 2022, on or after either of the following dates: ( c ) the date of the transfer of the amount or payment of the designated shares payments (as the case may be) to the general moneys of the Fund before, on or after 1 April 2022; [Act 36 of 2023 wef 01/04/2024] ( d ) if the date of the member’s death is later than the date of transfer or payment mentioned in paragraph ( c ) — the date of the member’s death before, on or after 1 April 2022. [Act 39 of 2021 wef 01/04/2022] [Act 36 of 2023 wef 01/04/2024] (4E) Where — ( a ) the Board is notified before 1 April 2022 that a member has died; [Act 36 of 2023 wef 01/04/2024] ( b ) any amount standing to the credit of that member has not been transferred to the general moneys of the Fund under section 13(7B) as in force immediately before 1 April 2022; and [Act 36 of 2023 wef 01/04/2024] ( c ) the Board transfers that amount to the general moneys of the Fund under section 13 on or after 1 April 2022, the Board may cease to pay interest on that amount after that amount is transferred to the general moneys of the Fund. [Act 39 of 2021 wef 01/04/2022] [Act 36 of 2023 wef 01/04/2024] (4F) The Board need not pay interest on the designated shares payments of a deceased designated shareholder that are paid into the general moneys of the Fund under section 26(7)( a ) on or after 1 April 2022. [Act 39 of 2021 wef 01/04/2022] [Act 36 of 2023 wef 01/04/2024] (4G) Subsection (4D) does not apply to the amount mentioned in subsection (4D)( a ) or designated shares payments mentioned in subsection (4D)( b ) if the Board has, under subsection (4C), (4D), (4F) or (4I) as in force immediately before 1 April 2022, ceased to pay interest on that amount or designated shares payments, as the case may be. [Act 39 of 2021 wef 01/04/2022] [Act 36 of 2023 wef 01/04/2024] (4H) Where, immediately before 1 April 2022, the Board has, under subsection (4E), (4G) or (4H) as in force immediately before that date, suspended the payment of interest on any of the following amounts, the payment of interest continues to be so suspended on or after that date as if that subsection had not been deleted, subject to the application of subsection (4D) or the restoration of interest under this Act: ( a ) any amount standing to the credit of a member in the Fund that has been transferred to the general moneys of the Fund before 1 April 2022; [Act 36 of 2023 wef 01/04/2024] ( b ) any designated shares payments that were credited into the general moneys of the Fund before 1 April 2022. [Act 39 of 2021 wef 01/04/2022] [Act 36 of 2023 wef 01/04/2024] (4I) Where, immediately before 1 April 2022, the Board has, under subsection (4C), (4D), (4F) or (4I) as in force immediately before that date, ceased the payment of interest on any of the amounts mentioned in subsection (4H)( a ) or ( b ), the payment of interest continues to be ceased on or after that date as if that subsection had not been deleted, subject to the restoration of interest under this Act. [Act 39 of 2021 wef 01/04/2022] [Act 36 of 2023 wef 01/04/2024] (5) If the Board is at any time unable to pay any sum which the Fund is required to pay under this Act, the sum required to be so paid is to be charged on and advanced to the Board from the Consolidated Fund and the Board must as soon as practicable repay to the Government the sum so advanced. (6) [ Deleted by Act 36 of 2023 wef 01/04/2024 ]


document_id: cpfa-1953
provision_ref: s7
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 7
title: Contributions in respect of employees
content:
7. —(1) Subject to any regulations made under section 77(1), every employer of an employee must pay to the Fund monthly in respect of each employee contributions at the appropriate rates set out in the First Schedule. [Act 30 of 2024 wef 15/12/2024] (1A) The Board may, in its discretion and on such terms and conditions as the Board may impose, authorise an employer or a class or classes of employers to pay those contributions at other intervals not exceeding 6 months. (2) Despite the provisions of any written law or any contract to the contrary, an employer is entitled to recover from the monthly wages of an employee the amount shown in the First Schedule as so recoverable from the employee. (3) Where any employer who has recovered any amount from the monthly wages of an employee in accordance with subsection (2) fails to pay the contributions to the Fund within such time as may be prescribed, the employer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 7 years or to both. (4) Without limiting subsections (1) and (2) and the First Schedule, and subject to section 13B(2) and such terms and conditions as the Board may impose — ( a ) an employee may at any time contribute voluntarily to the Fund a sum additional to that shown in the First Schedule as payable by the employer; ( b ) an employee who desires to have contributions in excess of the appropriate rate deducted from his or her monthly wages by his or her employer may give to his or her employer written notice to that effect, and thereafter, so long as he or she is employed by that employer, the employer must make the deductions from his or her wages for each month until such time, not being less than 6 months from the giving of the previous notice, as the employee gives further written notice to his or her employer of his or her desire to cease to have the excess monthly contributions deducted from his or her wages, and the employer must pay the amount of the excess deductions to the Fund in addition to the appropriate monthly contributions; or ( c ) an employer may at any time pay to the Fund contributions in respect of any of his or her employees at a rate in excess of the appropriate rate set out in the First Schedule. [6/2016] [Act 39 of 2021 wef 01/01/2022] (4A) [ Deleted by Act 39 of 2021 wef 01/01/2022 ] (5) Despite any contract to the contrary, an employer is not entitled to recover in any way from an employee in respect of contributions payable under this Act any sum in excess of that permitted to be recovered under subsection (2) together with any sum contributed voluntarily by the employee under subsection (4) and any employer who recovers or attempts to recover any greater sum shall be guilty of an offence. (6) The portion of any contribution recoverable under the First Schedule from the wages of an employee in accordance with subsections (2) and (4) shall be recovered by the employer from the wages in respect of which the contribution is payable at the time of payment of those wages and not otherwise. (6A) Subject to such conditions as the Board may prescribe, where an employer has, by error not occasioned by that employer’s negligence, omitted to recover from the wages paid to an employee any amount or part of any amount that the employer would otherwise have been entitled to recover at the time of payment of the wages, the amount or part thereof may be recovered from the wages payable by the employer to the employee not later than 6 months from the date of the payment of the wages in respect of which the amount or part thereof was omitted to be recovered. (7) Despite subsection (6), where wages are payable at intervals of less than one month, if in any month it appears to the employer that the wages of any employee for that month are likely to exceed $500, the employer — ( a ) may deduct from the employee’s wages at the time of each payment in the month the appropriate proportion of such sum as would be recoverable from the employee in accordance with the First Schedule in respect of the wages if paid at the same rate throughout the month; and ( b ) must make such adjustment as may be necessary on the occasion of the last payment in that month, but if the wages do not actually exceed $500 for that month, the employer must forthwith refund to the employee the amount of the deductions. (8) The Minister may, by notification in the Gazette , amend the First Schedule and may prescribe in the First Schedule — ( a ) different rates of contributions payable in respect of different types of wages; ( b ) the payment of contributions on such additional wages as may be specified in the First Schedule, and the computation of such contributions which may — (i) be based on the wages of an employee for the preceding year or the current year; and (ii) be adjusted at the end of the year or in the last month of the employee’s employment with the employer based on the employee’s actual wages for the year; and ( c ) modifications to the contributions payable on an employee’s additional wages for any year by any of the employee’s employers which the Board is satisfied — (i) are related in a manner approved by the Board; and (ii) meet any requirements specified by the Board. [6/2016] (9) Despite subsection (6), where an employer is required to pay to the Fund any additional contributions on additional wages and is entitled to recover such contributions from the wages of the employee in accordance with the First Schedule, the employer may recover such contributions from the wages payable by the employer to the employee not later than 6 months from the end of the year in which the additional contributions are payable. (10) Despite subsection (5), if it appears to the employer at the time when additional wages as specified in the First Schedule are payable to the employee that additional contributions in respect of such additional wages are likely to arise at the end of the year due to the recomputation of additional wages on which contributions are payable in accordance with the First Schedule, the employer may — ( a ) contribute to the Fund a sum additional to that shown in the First Schedule as payable by the employer; and ( b ) despite subsection (6), recover the appropriate proportion of such sum in accordance with the First Schedule from the additional wages of the employee. (11) Where an employer is required to pay to the Fund any additional contributions and is entitled to recover such contributions from the wages of the employee in accordance with the First Schedule, the Board may, despite subsection (1), if it is satisfied that the employer is unable to recover in full or in part from the wages of the employee and that the employee is no longer in the employment of the employer, waive the payment of that portion of the additional contributions that the employer is unable to so recover. [Act 30 of 2024 wef 15/12/2024]


document_id: cpfa-1953
provision_ref: s8
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 8
title: Agreement by statutory body to pay excess contributions deemed void
content:
8. Any agreement made between any statutory body specified in the First Schedule and any of its employees under which that body is liable to pay any contribution to the Fund in respect of that employee in excess of the amount prescribed as payable for that employee is, insofar as it relates to such liability, void and of no effect.


document_id: cpfa-1953
provision_ref: s8A
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 8A
title: Contributions in respect of platform workers
content:
8A. —(1) Subject to any regulations made under section 77(1), every platform operator must pay to the Fund contributions in accordance with the Fourth Schedule in respect of each platform worker of the platform operator. (2) Subject to subsections (5) and (6), despite the provisions of any written law or any contract to the contrary, a platform operator that is required to pay contributions under subsection (1) in respect of a platform worker is entitled to deduct, from the platform worker’s platform remuneration in respect of a platform service provided by the platform worker for the platform operator, the recoverable amount in accordance with the Fourth Schedule. (3) Where a platform operator — ( a ) has deducted any amount from a platform worker’s platform remuneration under subsection (2); and ( b ) fails to pay the contributions to which the deducted amount relates to the Fund within the time specified in the Fourth Schedule for the payment of the contributions or within the extended time approved by the Board under subsection (7)( a ), if any, the platform operator shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 7 years or to both. (4) Without limiting subsections (1) and (2) and the Fourth Schedule, and subject to section 13B(2) and such terms and conditions as the Board may impose — ( a ) a platform worker may at any time contribute voluntarily to the Fund a sum additional to the contributions required under subsection (1); or ( b ) a platform operator may at any time pay to the Fund contributions in respect of any platform worker of the platform operator at a rate in excess of the applicable rate specified in the Fourth Schedule. (5) Despite any contract to the contrary, a platform operator is not entitled to recover in any way from a platform worker in respect of contributions payable under this Act any sum in excess of the total amount that the platform operator is permitted to recover under subsection (2) from the platform worker’s platform remuneration and any platform operator that recovers or attempts to recover any greater sum shall be guilty of an offence. (6) A platform operator may deduct the recoverable amount under subsection (2) from the platform worker’s platform remuneration in respect of a platform service provided by the platform worker for the platform operator only within the time specified in the Fourth Schedule for the deduction of the recoverable amount or within the extended time approved by the Board under subsection (7)( a ), if any. (7) Subject to the limits (if any) prescribed in the Fourth Schedule, the Board may, on the application of a platform operator — ( a ) approve an extended time for the payment of contributions or the deduction of a recoverable amount; or ( b ) specify that an option to be in a prescribed class of platform workers mentioned in subsection (8)( d ) applies in relation to contributions payable by the platform operator for any alternative months, instead of the month or months prescribed in the Fourth Schedule. (8) The Minister may, by notification in the Gazette , amend the Fourth Schedule and may prescribe in that Schedule — ( a ) the computation of aggregate platform earnings; ( b ) the different rates of contributions payable in respect of different types of platform earnings and classes of platform operators or platform workers; ( c ) the times mentioned in subsections (3)( b ) and (6), in respect of different types of platform earnings and classes of platform operators or platform workers; ( d ) whether and how a platform worker may opt to be in any class of platform workers, including requiring the Board’s approval, and when the option applies to any platform earnings, contributions and platform operators; and ( e ) matters as are necessary or expedient for giving full effect to the purposes and provisions of this section. (9) Sections 9A and 9B do not apply to any platform remuneration paid or payable to a platform worker on or after a date prescribed by regulations made under section 77(1). [Act 30 of 2024 wef 15/12/2024]


document_id: cpfa-1953
provision_ref: s8B
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 8B
title:
Disclosure and provision of information to facilitate administration of contributions for platform worker

content:
8B. —(1) On or after the date of commencement of paragraph 5 of the Fourth Schedule to the Platform Workers Act 2024, the Board may provide information concerning any platform worker to the following persons for the corresponding purpose: ( a ) a platform operator — to pay contributions for a platform worker; ( b ) any other person — to enable the platform operator to pay contributions for the platform worker. (2) On or after the date of commencement of paragraph 5 of the Fourth Schedule to the Platform Workers Act 2024, a platform worker must provide information to the Board or persons mentioned in subsection (1) to facilitate the performance of the duties, or the exercise of the powers, of the Board or those persons (as the case may be) in relation to the payment of contributions for the platform worker. [Act 30 of 2024 wef 15/10/2024]


document_id: cpfa-1953
provision_ref: s9
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 9
title: Payment of interest on contributions in arrears
content:
9. —(1) Where the amount of the contributions which an employer or a platform operator is liable to pay under section 7 or 8A (as the case may be) is not paid within such period as may be prescribed, the employer or the platform operator (as the case may be) is liable to pay interest on the amount for every day the amount remains unpaid at the rate and commencing from the date prescribed in regulations made under section 77(1). [Act 30 of 2024 wef 15/12/2024] (2) Where the amount of the contributions a self‑employed person is liable to pay under section 9A is not paid within the time prescribed for payment, that person is liable to pay interest on that amount for every day the amount remains unpaid at the rate and commencing from the date prescribed in regulations made under section 77(1). [37/2019] [Act 30 of 2024 wef 15/12/2024] (3) The Board may, in any case in which it thinks fit, waive the payment of the whole or part of, or remit in whole or in part, any interest due or paid under subsection (1) or (2).


document_id: cpfa-1953
provision_ref: s9A
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 9A
title: Contributions by self-employed person
content:
9A. —(1) A self-employed person must pay contributions to the Fund, in respect of the self-employed person’s income determined in the manner prescribed by regulations made under section 77(1) — ( a ) of an amount computed in the manner prescribed by regulations made under section 77(1); ( b ) before the expiry of the prescribed period, or any longer period that the Board specifies in any particular case; and ( c ) in the approved manner. [37/2019] (2) Regulations made under section 77(1) may prescribe different manners of computation of the amount of contributions payable in respect of different classes of income or classes of self-employed persons. [37/2019] (3) In this section — “approved manner”, in relation to the payment of contributions under this section, means any manner of payment of contributions that is permitted — ( a ) by regulations made under section 77(1); or ( b ) by the Board for a particular payment; “income” means assessable income from any trade, business, profession or vocation (other than from employment under a contract of service) ascertained in accordance with section 37(1) of the Income Tax Act 1947, and excludes any income prescribed by regulations made under section 77(1). [37/2019]


document_id: cpfa-1953
provision_ref: s9B
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 9B
title: Estimated contributions by collectors
content:
9B. —(1) Where a collector makes any revenue payment to a self‑employed person, the collector must pay a contribution to the Fund (called in this Act an estimated contribution) for the self‑employed person — ( a ) of an amount computed in the manner prescribed by regulations made under section 77(1) based on the amount of the revenue payment; ( b ) before the expiry of the prescribed period, or any longer period that the Board specifies in any particular case; and ( c ) in the approved manner. [37/2019] (2) Regulations made under section 77(1) may prescribe different manners of computation of the amount of estimated contributions payable in respect of different classes of revenue payment or classes of collectors or self-employed persons. [37/2019] (3) A collector by whom any estimated contribution is payable in respect of a revenue payment to a self-employed person is entitled to deduct the amount of the estimated contribution payable from that revenue payment. [37/2019] (4) Where a collector pays an estimated contribution in respect of a revenue payment to an approved payer in accordance with an approved manner of payment, the collector is taken to have paid the estimated contribution to the Fund. [37/2019] (5) In this section — “approved manner”, in relation to the payment of contributions under this section, means any manner of payment of contributions that is permitted — ( a ) by regulations made under section 77(1); or ( b ) by the Board for a particular payment; “approved payer” means a person approved by the Board to assist a collector in making payment of any estimated contribution for a self-employed person in accordance with an approved manner of payment under this section. [37/2019]


document_id: cpfa-1953
provision_ref: s9C
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 9C
title: Waiver of contributions
content:
9C. The Minister may waive the payment of the whole or any part of any contribution required under section 9A or 9B in any particular case. [37/2019]


document_id: cpfa-1953
provision_ref: s9D
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 9D
title:
Disclosure and provision of information to facilitate administration of contributions under section 9A or 9B

content:
9D. —(1) The Board may provide information concerning any self‑employed person to the following persons for the corresponding purpose: ( a ) a collector — to pay any estimated contribution for a self‑employed person; ( b ) an approved payer — to pay any estimated contribution for, or revenue payment to, the self‑employed person in accordance with an approved manner of payment under section 9B. [37/2019] (2) A self-employed person must provide information to the Board or persons mentioned in subsection (1) to facilitate the performance of the duties, or the exercise of the powers, of the Board or those persons (as the case may be) in relation to the payment of contributions for the self‑employed person under section 9A or 9B. [37/2019]


document_id: cpfa-1953
provision_ref: s10
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 10
title: Expenses, etc.
content:
10. —(1) All expenses incurred by the Board including the cost of auditing the accounts of the Fund are to be defrayed out of the moneys of the Fund. [4/2015; 5/2018] (2) Despite anything in this Act or the MediShield Life Scheme Act 2015, no money in the Fund is to be used to make any payment for the purposes of the MediShield Life Scheme Act 2015 or any costs or expenses incurred in the administration of the MediShield Life Scheme, except for — ( a ) withdrawals or deductions from a member’s medisave account made in accordance with this Act or the MediShield Life Scheme Act 2015; or ( b ) any payment made by the Board, as a defaulter’s agent under section 12 or 13 of the MediShield Life Scheme Act 2015, from moneys payable from the Fund. [4/2015] (2A) Despite anything in this Act or the CareShield Life and Long‑Term Care Act 2019, no money in the Fund is to be used to make any payment for the purposes of the CareShield Life and Long‑Term Care Act 2019 or any costs or expenses incurred in the administration of the CareShield Life Scheme or ElderShield Scheme, except for — ( a ) withdrawals or deductions from a member’s medisave account made in accordance with this Act or the CareShield Life and Long‑Term Care Act 2019; or ( b ) any payment made by the Board, as a defaulter’s agent under section 24 or 25 of the CareShield Life and Long‑Term Care Act 2019, from moneys payable from the Fund. [26/2019] (3) Despite anything in this Act, no money in the Fund is to be used to make any payment for the purposes of Part 3B or 4 or any costs or expenses incurred in the administration of the Lifelong Income Scheme or the Home Protection Insurance Scheme, except for withdrawals or deductions from any of a member’s accounts in the Fund made in accordance with this Act. [6/2016]


document_id: cpfa-1953
provision_ref: s12
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 12
title: Contributions to be paid into Fund
content:
12. —(1) All sums recovered or collected on account of contributions to the Fund under this Act must be paid into or carried to the Fund in such manner as may be prescribed. (2) The Board must cause to be credited to each member of the Fund — ( a ) the amount of every contribution paid to the Fund for the member; ( b ) the interest payable to the member under section 6(4); and ( c ) any additional interest payable to the member under section 6(4B).


document_id: cpfa-1953
provision_ref: s13
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 13
title: Crediting of contributions and interest into subsidiary accounts, etc.
content:
13. —(1) Subject to this Act, the following subsidiary accounts are to be maintained for each member in respect of the money standing to the member’s credit in the Fund: ( a ) an ordinary account; ( b ) a medisave account; ( c ) a special account or a retirement account, or both. [6/2016] [Act 39 of 2021 wef 01/04/2022] [Act 36 of 2023 wef 01/04/2024] [Act 33 of 2024 wef 19/01/2025] (1A) An account referred to in subsection (1) is an account — ( a ) maintained for the crediting, transfer and payment to the account of moneys or contributions in accordance with this Act, the MediShield Life Scheme Act 2015 or the CareShield Life and Long‑Term Care Act 2019; and ( b ) from which withdrawals, transfers and deductions may be made in accordance with this Act, the MediShield Life Scheme Act 2015 or the CareShield Life and Long‑Term Care Act 2019. [6/2016; 26/2019] (2) Every ordinary account, medisave account and special account which was maintained by the Board for a member before 28 September 1984 is deemed to have been validly maintained. (3) All moneys standing to the credit of a member in his or her special account as at 1 April 1984 are deemed to have been transferred to his or her medisave account except where the member is entitled at that date to withdraw such money under section 15. (4) The Board must credit to the accounts of a member specified in subsection (1), in such manner as the Minister may direct, every contribution paid into the Fund for the member under — ( a ) section 7; ( aa ) section 8A; [Act 30 of 2024 wef 15/12/2024] ( b ) section 9A; ( ba ) section 9B; or ( c ) such other provision as the Minister may prescribe. [37/2019] (4A) The Minister may give different directions in respect of different classes of members under subsection (4). (5) The Board must credit to each account of a member the interest referred to in section 6(4) on the amount standing to the credit of the member in that account. (5AA) Despite subsection (5), where a member’s special account is closed under section 13AA(1), the Board may credit any interest mentioned in section 6(4) that had accrued to the amount standing to the credit of the member in the member’s special account in the following manner: ( a ) if there is a shortfall in the retirement sum applicable to the member, or in the amount specified by the Minister for the member pursuant to section 15AA(5)( a ) — credit the interest to the member’s retirement account, even if the interest so credited exceeds that shortfall; ( b ) in any other case or if (despite paragraph ( a )) the prescribed circumstances apply — credit the interest to the member’s ordinary account. [Act 33 of 2024 wef 19/01/2025] (5A) Where any additional interest is payable to a member under section 6(4B) — ( a ) the Board must credit the additional interest into one or more of the member’s ordinary account, medisave account, special account, retirement account and nominee account (if any) in such manner as the Board may determine; and ( b ) the Board may make different determinations under paragraph ( a ) in respect of different classes of members. [6/2016] (6) The Board must transfer to one or more designated accounts of a member, in accordance with any regulations made under section 77(1)( ka ), any amount standing to the member’s credit in his or her medisave account which is in excess of such amount as the Minister may from time to time direct. (6A) For the purposes of subsection (6), the Minister may direct different amounts for different classes of members. [26/2016] (7) Where there is no balance in the medisave account of a member, the Board may, on the member’s application and with the Minister’s approval, transfer to the member’s medisave account the whole or such part, as the Board may determine, of — ( a ) the amount standing to the member’s credit in any designated account, not exceeding the total amount which had been transferred from the medisave account to that designated account under subsection (6) (called in this subsection the transferred amount); and ( b ) any interest that would have been payable on the transferred amount if the transfer had not been made. [6/2016] (7A) The Board may transfer any moneys standing in a member’s account in the Fund (other than a nominee account, if any) to the general moneys of the Fund in accordance with regulations made under section 77(1) if before, on or after 1 April 2022 — ( a ) the Board is notified that the member has died; ( b ) the member’s accounts in the Fund are deemed to be dormant under section 2(1B); or ( c ) the Board is unable to ascertain the member’s identity. [Act 39 of 2021 wef 01/04/2022] [Act 36 of 2023 wef 01/04/2024] (7B) The Board may, on or after 1 April 2024, transfer any moneys standing in a member’s account in the Fund (other than a nominee account, if any) to the general moneys of the Fund in accordance with regulations made under section 77(1) if the Board is satisfied that the member is not an applicable person. [Act 36 of 2023 wef 01/04/2024] (7C) Where the Board has made an initial transfer specified in subsection (7D) of any amount standing to a member’s credit in the Fund from any account of the member in the Fund (called in this subsection Account A), the Board may in such circumstances as may be prescribed in any regulations made under section 77(1) — ( a ) restore to Account A or transfer to such other account of the member in the Fund as may be prescribed in those regulations (called in this subsection Account B), the whole or such part, as the Board may determine, of the amount of the initial transfer; and ( b ) pay into Account A or Account B (as the case may be) the whole or such part, as the Board may determine, of any interest that would have been payable on the amount restored to Account A or transferred to Account B, if the initial transfer had not been made. [6/2016] (7CA) Where Account A mentioned in subsection (7C) is a special account that has since been closed under section 13AA(1), subsection (7C) applies with the following modifications: ( a ) any amount to be restored to Account A under subsection (7C)( a ) may be paid to the member’s accounts in the Fund in accordance with section 13AA(4); ( b ) any interest (in respect of the restored amount) to be paid into Account A under subsection (7C)( b ) may be paid to the member’s accounts in the Fund in accordance with section 13AA(5) or (6), whichever is applicable. [Act 33 of 2024 wef 19/01/2025] (7D) The initial transfer referred to in subsection (7C) is a transfer to the general moneys of the Fund under subsection (7B) as in force before 1 April 2022 or on or after 1 April 2024, subsection (7A) or regulations made under section 77(1). [Act 39 of 2021 wef 01/04/2022] [Act 36 of 2023 wef 01/04/2024] (7E) Where the Board — ( a ) restores or transfers the sum of any initial transfers to a member’s account in the Fund under subsection (7C)( a ) (called in this subsection and subsection (7F) S ); and ( b ) is satisfied that while any part of S was standing to the credit of the member in the general moneys of the Fund, the member was not an applicable person, for any period, on or after 1 April 2024 (called in subsection (7F) the non-applicable period), the amount of interest that the Board may pay under subsection (7C)( b ) in respect of S must not exceed the reduced amount. [Act 36 of 2023 wef 01/04/2024] (7F) In subsection (7E), the “reduced amount” in respect of S is B + C, where — ( a ) B is the amount that the Board determines under subsection (7C)( b ) in respect of S for the period that any part of S was standing to the credit of the member in the general moneys of the Fund (excluding the non-applicable period); and ( b ) C is the amount computed as if — (i) the reduced rate prescribed by regulations made under section 77(1) applies to S for the non-applicable period that is before 1 April 2027 (if any); and (ii) the reduced rate applicable to S for the non-applicable period that is on or after 1 April 2027 (if any) is nil. [Act 36 of 2023 wef 01/04/2024] (7G) Subsections (7A) to (7F) as in force immediately before 1 April 2022 and subsections (7A), (7C) and (7D) as in force on or after that date do not preclude, and do not affect the validity of, any transfer to the general moneys of the Fund, whether before, on or after 1 January 2011, under any regulations made under section 77(1), of any amount standing to a member’s credit in the Fund. [Act 39 of 2021 wef 01/04/2022] [Act 36 of 2023 wef 01/04/2024] (7GA) Subsections (7E), (7F) and (7G) apply in respect of the restoration of any amount or payment of any interest under subsection (7C) read with subsection (7CA), and a reference in subsections (7E), (7F) and (7G) to subsection (7C)( a ) or ( b ) or subsection (7C) includes a reference to any of those provisions as modified by subsection (7CA). [Act 33 of 2024 wef 19/01/2025] (7H) Where the Board has transferred any money standing to the credit of a member in the Fund from any account of the member in the Fund (called in this subsection Account A) to any other account in the Fund (called in this subsection Account B) under section 15(6), 15AA(5), 18(1)( a ), (2)( a ) or (3)( a ), 18A(1), 18B, 18C(1) or 18D, any condition referred to in section 27(2)( b ) or (3) or any regulations made under section 77(1), the Board may, on its own motion or on the application of the member, and subject to such terms and conditions as it may impose — ( a ) restore to Account A the whole or any part of the amount of the transferred money; ( b ) pay into Account A the whole or such part, as the Board may determine, of any interest that would have been payable on the restored amount if the restored amount had not been transferred to Account B; and ( c ) transfer, from Account B to the general moneys of the Fund, the whole or such part, as the Board may determine, of any interest paid on the restored amount while the restored amount was in Account B. [23/2012; 26/2016; 43/2017] [Act 39 of 2021 wef 01/03/2022] (7HA) Where either Account A or Account B (mentioned in subsection (7H)) or both are special accounts that have since been closed under section 13AA(1), subsection (7H) applies with the following modifications: ( a ) if only Account A is closed — (i) any amount to be restored to Account A under subsection (7H)( a ) may be paid to the member’s accounts in the Fund in accordance with section 13AA(4); and (ii) any interest (in respect of the restored amount) to be paid to Account A under subsection (7H)( b ) may be paid to the member’s accounts in the Fund in accordance with section 13AA(5) or (6), whichever is applicable; ( b ) if only Account B is closed — (i) any amount to be restored to Account A under subsection (7H)( a ) may be deducted from the accounts in the Fund of the member for whom Account B was maintained, in accordance with section 13AA(7) or (8), whichever is applicable; and (ii) any interest to be transferred to the general moneys of the Fund under subsection (7H)( c ) may be transferred from the accounts in the Fund of the member for whom Account B was maintained, in accordance with section 13AA(7) or (8), whichever is applicable; ( c ) if both Account A of a member (called Member A) and Account B of another member (called Member B) are closed — (i) any amount to be restored to Account A under subsection (7H)( a ) may be paid to Member A’s accounts in the Fund in accordance with section 13AA(4), by a deduction from Member B’s accounts in the Fund in accordance with section 13AA(7) or (8), whichever is applicable; (ii) subsection (7H)( b ) applies, in relation to Member A, as modified by paragraph ( a )(ii); and (iii) subsection (7H)( c ) applies, in relation to Member B, as modified by paragraph ( b )(ii). [Act 33 of 2024 wef 19/01/2025] (7HB) Where the money transferred to Account B mentioned in subsection (7H) has been transferred to another account in the Fund of the member (called in this subsectio


document_id: cpfa-1953
provision_ref: s13AA
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 13AA
title: Closure of special account
content:
13AA. —(1) The Board may, on or after the date of commencement of section 3 of the Central Provident Fund (Amendment) Act 2024, close the special account of a member who has attained the age of 55 years (whether before, on or after that date), unless any prescribed circumstances apply. (2) In connection with the closure of the member’s special account under subsection (1), the Board must transfer the moneys standing to the credit of the member in the special account to the ordinary account or retirement account of the member (or both) in accordance with regulations made under section 77(1). (3) Subsections (4) to (9) apply where the member’s special account has been closed under subsection (1). (4) Where any amount ( P ) would have been payable to the member’s special account if not for its closure, the Board may pay P in the following manner: ( a ) if there is a shortfall in the retirement sum applicable to the member or in the amount specified by the Minister for the member pursuant to section 15AA(5)( a ) — pay P (in whole or in part) to the member’s retirement account towards the maintenance of that retirement sum or specified amount (as the case may be), and the remaining part (if any) of P to the member’s ordinary account; ( b ) in any other case or if (despite paragraph ( a )) the prescribed circumstances apply — pay P to the member’s ordinary account. (5) Subject to subsection (6), the Board may pay the whole or any part, as the Board may determine, of any interest payable on P paid under subsection (4) as if P were in the member’s special account for the relevant period and the special account had not been closed, in the following manner: ( a ) if the shortfall mentioned in subsection (4)( a ) remains after the payment to the member’s retirement account under subsection (4)( a ) — to the member’s retirement account, even if the interest so paid exceeds that shortfall; ( b ) if there is no longer any shortfall mentioned in subsection (4)( a ) after the payment to the member’s retirement account under subsection (4)( a ), or if P was paid under subsection (4)( b ) — to the member’s ordinary account. (6) Where — ( a ) P is a refund arising from the request of the member to vary or cancel the member’s application to withdraw moneys from the member’s special account; or ( b ) the Board considers it reasonable to do so in the circumstances, the Board may, instead of making any payment of interest under subsection (5), pay interest in the following manner: ( c ) if P was paid (in whole or in part) to the member’s retirement account under subsection (4)( a ) — pay to the member’s retirement account the whole or any part, as the Board may determine, of any interest payable on the amount of P so paid as if that amount were in the member’s retirement account for the relevant period, even if the interest so paid exceeds the shortfall mentioned in subsection (4)( a ); ( d ) if P was paid (in whole or in part) to the member’s ordinary account under subsection (4)( a ) or ( b ) — pay to the member’s ordinary account the whole or any part, as the Board may determine, of any interest payable on the amount of P so paid as if that amount were in the member’s ordinary account for the relevant period. (7) Subject to subsection (8), where any amount ( D ) would have been deducted or transferred from the member’s special account if not for its closure, the Board may — ( a ) deduct or transfer both of the following from the member’s available ordinary account balance: (i) D , in whole or in part; (ii) the whole or any part, as the Board may determine, of any interest payable on the amount of D so deducted or transferred, as if that amount were in the member’s ordinary account for the relevant period; and ( b ) if D is not deducted or transferred under paragraph ( a )(i) in whole — deduct or transfer both of the following from the amount standing to the credit of the member in the member’s retirement account: (i) the remaining part of D , in whole or in part; (ii) the whole or any part, as the Board may determine, of any interest payable on the amount of the remaining part of D so deducted or transferred, as if that amount were in the member’s retirement account for the relevant period. (8) If the prescribed circumstances apply, the Board may instead of making any deduction or transfer under subsection (7) — ( a ) deduct or transfer D (in whole or in part) from the amount standing to the credit of the member in the member’s retirement account; and ( b ) deduct or transfer the interest paid (if any) on the amount of D so deducted or transferred, in the following manner: (i) deduct or transfer from the amount standing to the credit of the member in the member’s retirement account — the whole or any part, as the Board may determine, of the interest paid on D — (A) while D was in the member’s special account before its closure; and (B) while D was in the member’s retirement account after the closure of the member’s special account, and before such deduction or transfer of interest from the retirement account; (ii) deduct or transfer from the member’s available ordinary account balance — the whole or any part, as the Board may determine, of the interest paid on D while D was in the ordinary account after the closure of the special account, and before such deduction or transfer of interest from the ordinary account. (9) Unless otherwise provided by or under this Act, where a member’s special account has since been closed under subsection (1) and the Board is required or permitted to determine the whole or any part of any interest that would have been payable on — ( a ) an amount standing to the credit of the member in the member’s special account; ( b ) an amount that is treated as if it had not been deducted, transferred or withdrawn from the member’s special account; ( c ) an amount (including an amount equivalent to the value of an instrument) that is treated as if it had been restored to the member’s special account and not debited from that account; ( d ) an amount that is treated as if it had been transferred to the member’s special account upon the occurrence of any event; ( e ) an amount that is treated as if it had been paid on its due date to the member’s special account; or ( f ) an amount that is treated as if it were in the member’s special account by way of any other transaction, the Board may make that determination by reference to any interest that would have been payable on that amount as if that amount were standing to the credit of the member in the member’s special account, and the special account had not been closed. (10) In this section — “available ordinary account balance”, in relation to a member, means the amount standing to the credit of the member in the member’s ordinary account, after excluding any reserved amount standing to the credit of that member in his or her ordinary account; “relevant period” means — ( a ) in a case of any amount mentioned in subsection (4) that was withdrawn or transferred from the member’s special account before its closure — the period starting on the date of the withdrawal or transfer (as the case may be) and ending on the date immediately before the date the amount is paid (in whole or in part) to the member’s retirement account or ordinary account under subsection (4); ( b ) in a case of any amount mentioned in subsection (4) that does not fall under paragraph ( a ) but would otherwise have been payable to the member’s special account — the period starting on the date the amount was payable to the member’s special account and ending on the date immediately before the date the amount is paid (in whole or in part) to the member’s retirement account or ordinary account under subsection (4); or ( c ) in a case of any amount mentioned in subsection (7) that would have been deducted or transferred from the member’s special account — the period starting on the date the amount was in the special account or transferred to the special account (as the case may be) and ending on the date immediately before the amount was deducted or transferred (in whole or in part) from the member’s ordinary account or retirement account under subsection (7). (11) For the purposes of this section and section 77(1)( kb ), a reference to a payment of any amount to a special account, an ordinary account or a retirement account includes a reference to the refund, restoration or crediting of the amount to, or the retention of the amount in, any of those accounts. [Act 33 of 2024 wef 19/01/2025]


document_id: cpfa-1953
provision_ref: s13A
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 13A
title: Power to impose conditions relating to contributions by self‑employed persons
content:
13A. —(1) Any power to register, license or maintain the particulars of any person, or to grant, renew or reinstate any registration, licence, certificate or permit, under any Act specified in the Third Schedule includes a power to impose conditions relating to the payment of contributions into the Fund, pursuant to section 9A, such contributions to be credited — ( a ) to the medisave account of the person, applicant, registrant, licensee or holder of the certificate or permit, as the case may be; or ( b ) as otherwise provided under section 13(4). [37/2019] (1A) The Board may give, to any person entitled to exercise any power referred to in subsection (1), such information concerning any member of the Fund as may be necessary to facilitate the exercise of that power by that person in relation to that member. (2) The Minister may, by notification in the Gazette , amend the Third Schedule.


document_id: cpfa-1953
provision_ref: s13B
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 13B
title: Voluntary contributions to Fund
content:
13B. —(1) Without affecting section 7(4) or 8A(4), any person may voluntarily pay to the Fund contributions for the benefit of any member of the Fund (including himself or herself), subject to regulations made under section 77(1) and any terms and conditions imposed by the Board. [Act 30 of 2024 wef 15/12/2024] (2) Subject to regulations made under section 77(1), the Board must credit every voluntary contribution under subsection (1) or section 7(4) or 8A(4) into an ordinary account, a medisave account, a special account or a retirement account of the member in such manner and at such rate as the Minister may direct. [Act 30 of 2024 wef 15/12/2024] [Act 33 of 2024 wef 19/01/2025] (3) The Minister may give different directions under subsection (2) in respect of different classes of members. [Act 39 of 2021 wef 01/01/2022]


document_id: cpfa-1953
provision_ref: s13C
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 13C
title: Other contributions to Fund
content:
13C. —(1) Except as specifically provided under this Act, the Board may permit a person to pay to the Fund contributions for himself or herself under prescribed circumstances, if the person satisfies the conditions (if any) imposed by the Board in any particular case. [Act 39 of 2021 wef 01/04/2022] (2) [ Deleted by Act 39 of 2021 wef 01/04/2022 ] (3) Where the Board permits a person to contribute to the Fund, the Board may determine the manner and amount of the person’s contribution to the Fund, including — ( a ) the account or accounts of that person in the Fund to which the amount of contribution is to be credited; and ( b ) the amount to be credited into each account of that person in the Fund. [6/2016] (4) This section applies subject to any regulations made under section 77(1) and any terms and conditions imposed by the Board. [Act 39 of 2021 wef 01/04/2022]


document_id: cpfa-1953
provision_ref: s13D
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 13D
title: Limits on aggregated contributions
content:
13D. The aggregate of such amounts contributed to the Fund by or for a person as may be prescribed by regulations made under section 77(1) must not, in any year, exceed such sum as may be prescribed by regulations made under section 77(1). [Act 39 of 2021 wef 01/01/2022]


document_id: cpfa-1953
provision_ref: s14
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 14
title: Crediting of cash grant or specified payment to Fund
content:
14. —(1) The Board may after 1 June 1984 accept any cash grant made by the Government for the benefit of any person who qualifies for such grant under any approved scheme, and the Board must credit the cash grant into such account in the Fund of that person as the Minister may direct. [6/2016] (1A) The Board may, in the circumstances approved by the Minister, credit the amount of a specified payment to be paid to a person into such account of that person in the Fund as the Minister may direct, instead of paying the specified payment directly to the person. [Act 39 of 2021 wef 01/01/2022] (2) A cash grant or specified payment credited into a member’s account in the Fund under subsection (1) or (1A) (as the case may be) is deemed to be a contribution to the member for the purposes of this Act. [Act 39 of 2021 wef 01/01/2022] (2A) Any cash grant or specified payment credited into a member’s account in the Fund under subsection (1) or (1A) or interest thereon may be withdrawn by the member under this Act for the purposes of the cash grant or specified payment (as the case may be) and in such manner as the Board may determine. [Act 39 of 2021 wef 01/01/2022] (3) Subject to any limitations prescribed by regulations made under section 77(1), in the circumstances mentioned in subsection (3AA), the Board is entitled to recover on behalf of the Government the following amounts from any moneys standing to the credit of any person in the Fund: ( a ) the whole or part of the amount of any cash grant or specified payment credited into the Fund under subsection (1) or (1A) (as the case may be) for the benefit of the person; ( b ) any interest which the person is liable to pay to the Government under the terms of any cash grant or specified payment mentioned in paragraph ( a ). [Act 39 of 2021 wef 01/01/2022] (3AA) The following circumstances are specified for the purposes of subsection (3): ( a ) before, on or after the date of commencement of section 42 of the Central Provident Fund (Amendment) Act 2021, the person mentioned in subsection (3) — (i) has obtained the cash grant or specified payment mentioned in that subsection, by means of any false or misleading statement or any document that is false or misleading in any particular; (ii) has committed a breach of any of the terms and conditions of the cash grant or specified payment mentioned in that subsection; or (iii) is eligible to receive another cash grant or specified payment, or a cash grant or specified payment of a different amount, in place of the cash grant or specified payment to be recovered; ( b ) the person mentioned in subsection (3) no longer satisfies a continuing condition (if any) of the cash grant or specified payment mentioned in that subsection. [Act 39 of 2021 wef 01/01/2022] (3A) The Board is entitled to recover on behalf of the Government the whole or part of the amount of any cash grant or specified payment paid into the Fund under subsection (1) or (1A), as the case may be, for the benefit of any person, from any money standing to the credit of that person in the Fund before, on or after the expiry of the prescribed period mentioned in paragraph ( b ) if — ( a ) the whole or part of the cash grant or specified payment is paid in error into the person’s account in the Fund before, on or after 1 January 2017; and [Act 39 of 2021 wef 01/01/2022] ( b ) before the expiry of the prescribed period beginning on the date on which the cash grant or specified payment was paid into the person’s account in the Fund in error — (i) the Board issues a notice of intent to recover that amount, whether or not received by the person; or (ii) the Government, in such manner as the Board may require, requests the Board to recover that amount. [26/2016] [Act 39 of 2021 wef 01/01/2022] (3B) Where the Board has, before 1 January 2017, recovered any of the following amounts, the recovered amounts are taken to be and always to have been validly recovered and no legal proceedings lie or may be instituted or maintained in any court of law in respect of any such recovery: ( a ) the whole or part of the amount of any cash grant or payment paid in error into a person’s account in the Fund; ( b ) any interest on any cash grant or payment mentioned in paragraph ( a ). [26/2016] (3C) Where the Board has recovered any amount from a person’s account in the Fund under subsection (3) or (3A), the Board may transfer, from the person’s account in the Fund to the general moneys of the Fund, the whole or such part, as the Board may determine, of any interest paid on the recovered amount while the recovered amount was in the person’s account in the Fund. [26/2016] (3D) Any interest transferred to the general moneys of the Fund before 1 January 2017, which if transferred on or after that date would be permitted under subsection (3C), is taken to be and always to have been validly transferred, and no legal proceedings lie or may be instituted or maintained in any court of law in respect of any such transfer. [26/2016] (4) Any money recovered by the Board from any person under subsection (3) must be refunded forthwith to the Government. (4A) Despite sections 20(1)( b ) and (1A), 25 and 25A — ( a ) the Board may recover or transfer (as the case may be) any amount from a person’s account in the Fund under this section even after the person’s death; and ( b ) where, before 1 January 2017, the Board had recovered or transferred (as the case may be) any amount from a person’s account in the Fund after the person’s death, which if recovered or transferred on or after that date would be permitted under this section, the amount is taken to be and always to have been validly recovered or transferred, and no legal proceedings lie or may be instituted or maintained in any court of law on account of or in respect of any such recovery or transfer. [26/2016] [Act 39 of 2021 wef 18/06/2022] (4B) Subsections (3) to (3D) and (4A) apply despite any other provisions of this Act, but are without prejudice to any other right of action or remedy which the Board or the Government may have under any written law or rule of law. [26/2016] (5) In this section — “approved scheme” means a scheme approved by the Minister; “cash grant” means a cash grant made by the Government under any approved scheme; “continuing condition”, in relation to a cash grant or specified payment, means a condition that — ( a ) a person must continue to satisfy after the cash grant or specified payment is credited into the account of the person in the Fund; and ( b ) on or before the crediting of that cash grant or specified payment into the account of the member in the Fund, has been — (i) made known to the person; or (ii) publicised in a prescribed manner (which may include publication on a website); [Act 39 of 2021 wef 01/01/2022] “specified payment” means any payment to be made by the Board to a person pursuant to — ( a ) any activity engaged in by the Board under section 76(1)( a ) whether before, on or after the date of commencement of section 42 of the Central Provident Fund (Amendment) Act 2021; or ( b ) any written law other than this Act. [Act 39 of 2021 wef 01/01/2022]


document_id: cpfa-1953
provision_ref: s14A
chapter: PART 2 - CONTRIBUTIONS TO FUND
section: 14A
title: Loan by Government to member
content:
14A. —(1) The Board may, from time to time, accept moneys lent by the Government to any member of the Fund pursuant to any approved loan scheme. (2) The Board must credit the moneys lent to any member under subsection (1) into the ordinary account of that member. (3) Any moneys paid into the Fund under subsection (2) are deemed to be contributions for the purposes of this Act and those moneys or interest thereon may be withdrawn under the provisions of any regulations made under this Act for such purposes and in such manner as may be prescribed by the regulations. (4) Despite anything in this Act, the Board may allow a member who has taken a loan from the Government pursuant to an approved loan scheme to withdraw any part of the contributions and interest standing to the member’s credit in the Fund for the repayment of the loan and the payment of any interest or other charges which the member may from time to time be liable to pay to the Government under the terms and conditions of that loan. (5) The Board is entitled to receive any repayment and payment under subsection (4) on behalf of the Government. (6) Despite anything in this Act, the Board is entitled to recover on behalf of the Government any moneys lent to a member pursuant to any approved loan scheme and which have been paid into the Fund for the benefit of the member under subsection (2), together with any interest and other charges which the member is liable to pay to the Government under the terms and conditions of the loan from any money standing to the credit of the member’s accounts in the Fund if the member — ( a ) fails to pay any sum under the loan when due; or ( b ) is in breach of any other term or condition of the loan. (7) Any moneys received or recovered by the Board from any member under subsection (5) or (6) must be refunded immediately to the Government. (8) In this section, “approved loan scheme” means a loan scheme approved by the Minister.


document_id: cpfa-1953
provision_ref: s15
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 15
title: General provisions on withdrawal from Fund
content:
15. —(1) No sum of money standing to the credit of a member of the Fund may be withdrawn from the Fund except with the authority of the Board. (1A) The Board may give its authority under subsection (1) for the withdrawal of money standing to a member’s credit in the Fund — ( a ) on the application of a person who — (i) is entitled or allowed to withdraw the money; or (ii) will be entitled to withdraw the money within such period as the Board may determine; or ( b ) without any application by a person mentioned in paragraph ( a ) — (i) for payment to such a person of the whole or part of any amount that the person would have been entitled or allowed to withdraw on application under this Act; or (ii) for the purposes of subsection (7A)( a ). [Act 39 of 2021 wef 01/03/2022] (1B) Where a member’s special account is closed under section 13AA(1), the Board may, with the approval of the Minister, give its authority for the withdrawal or transfer of any amount from the moneys standing to the credit of the member in the member’s ordinary account or retirement account, or both — ( a ) on the application of a person who would have been entitled or allowed to withdraw or transfer moneys from the member’s special account if the special account had not been closed; or ( b ) without any application by a person mentioned in paragraph ( a ), if — (i) the withdrawal relates to any prescribed class of payments; and (ii) before the date of closure of the member’s special account, the Board had authorised the withdrawal of moneys from the member’s special account for such payments. [Act 33 of 2024 wef 19/01/2025] (1C) Subsection (1B) applies despite section 13AA(7) and (8), and the requirements under sections 15(6)( a ) and (7) and 15AA(5)( a ) and (6) do not apply to the withdrawals or transfers authorised under subsection (1B). [Act 33 of 2024 wef 19/01/2025] (1D) [ Deleted by Act 26 of 2017 ] (2) Subject to section 16, a member of the Fund is entitled to withdraw the sum standing to the credit of the member in the Fund at any time after the Board is satisfied that the member — ( a ) has attained the age of 55 years; or [Act 36 of 2023 wef 01/04/2024] ( b ) is not an applicable person. [Act 36 of 2023 wef 01/04/2024] ( c ) [ Deleted by Act 36 of 2023 wef 01/04/2024 ] ( d ) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] ( e ) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] ( f ) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] ( g ) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] [26/2016] [Act 39 of 2021 wef 01/03/2022] [Act 39 of 2021 wef 01/04/2022] (2A) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (2B) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (3) Subject to subsection (6) and section 16, a member of the Fund who has withdrawn any money from the Fund on the ground that he or she has attained 55 years of age is entitled to make a further withdrawal of the sum standing to his or her credit in the Fund on or after each subsequent anniversary of his or her date of birth or such other period as the Minister may direct. [Act 39 of 2021 wef 01/03/2022] (4) Despite subsection (3) but subject to subsection (6) and section 16, the Board may — ( a ) where a member has withdrawn any money from the Fund on the ground that he or she has attained the age of 55 years, allow him or her to withdraw, at any time, the sum standing to his or her credit in the Fund if he or she satisfies such conditions as the Board may impose in any particular case; and ( b ) where a member has attained the age of 55 years, allow him or her to withdraw, within such time as the Board may permit, the whole or any part of the amount of any money that is paid, repaid or refunded into his or her account in the Fund pursuant to a charge under section 15AB(1), (2), (10), (11) or (13), 21(1), 21A(1), 21B(1), 27C(1)( i )(i) or (ii), 27D(1)( j )(ii), 27DA(1)( i ), 27DB(2)( e ), 27E(1)( h ) or 27F(1)( h ), or pursuant to an undertaking given under section 15AB(3) or (4) or 27D(1)( j )(i). [24/2013; 26/2016; 37/2019] [Act 39 of 2021 wef 01/03/2022] (5) Subject to section 25(3), after the death of a member of the Fund, a person who is nominated by the deceased member, by a memorandum executed in accordance with section 25(1), is entitled to withdraw, in the manner provided for in the memorandum, from the balance standing to the credit of the deceased member in the Fund, such portion of the amount payable on the deceased member’s death out of the Fund as the person has been nominated to receive under the memorandum. (6) Subject to subsection (6A) and section 15AA(3) and (5), where a member of the Fund is entitled under subsection (2)( a ) or (3), or is allowed under subsection (4), to withdraw the sum standing to the member’s credit in the Fund, at the time of the withdrawal and in accordance with any regulations made under this Act — ( a ) such retirement sum applicable to the member as may be prescribed must be set aside or topped‑up — (i) by the member; or (ii) from the sum standing to the member’s credit in the Fund, after excluding any reserved amount standing to the member’s credit in his or her ordinary account; and ( b ) [ Deleted by Act 26 of 2016 ] ( c ) if there exist such circumstances as may be prescribed by any regulations made under section 77(1) and the member is thereby required to reserve any amount in his or her ordinary account, such reserved amount must be set aside or topped‑up in that account — (i) by the member; or (ii) from the sum standing to the member’s credit in that account. [24/2013; 26/2016] [Act 39 of 2021 wef 01/03/2022] (6A) Where 2 members of the Fund are parties to a marriage, and neither member is a relevant member as defined in section 27J, the Board may, on a joint application made by them before 1 January 2013, permit them to set aside jointly an amount which is less than the aggregate of the retirement sums of both members if each member has executed a memorandum under section 25(1) nominating the other member to receive, on his or her death, an amount belonging to him or her which is not less than such amount as the Board may specify. [23/2012; 26/2016] [Act 39 of 2021 wef 01/03/2022] (6B) Any memorandum executed under subsection (6A) by 2 members of the Fund who are parties to a marriage — ( a ) is not revocable during the subsistence of the marriage, unless the Board is satisfied that either member is, or both members are, suffering from any significant condition; and [Act 39 of 2021 wef 01/03/2022] ( b ) is, where the marriage has been dissolved (otherwise than by death) or has been annulled, revoked upon the Board being notified of the dissolution or annulment of the marriage. (6C) The amount standing to the credit of a member in the member’s retirement account may, in accordance with such terms and conditions as the Board may impose, be used or withdrawn in all or any of the following manner: ( a ) deposited before 1 January 2014 with an approved bank or retained in the member’s retirement account; ( b ) withdrawn to purchase an approved annuity from an insurer; ( c ) withdrawn to pay a premium referred to in section 27L(1) or (1A); ( d ) used, transferred or withdrawn in any other circumstances as permitted under this Act. [6/2016] (6CA) For the purposes of subsections (6)( a ) and (6C), the Board must, if required by any regulations made under section 77(1), transfer from the sum standing to the credit of a member in the Fund to his or her retirement account, towards the maintenance of the retirement sum, any amount prescribed by those regulations at any time determined by the Board. [26/2016] [Act 33 of 2024 wef 19/01/2025] (6CB) For the purposes of subsection (6CA), different amounts may be prescribed, and different times may be determined by the Board, for different classes of members. [Act 33 of 2024 wef 19/01/2025] (6D) [ Deleted by Act 26 of 2016 ] (7) Where a member has deposited the amount referred to in subsection (6C)( a ) with an approved bank or retained that amount in the member’s retirement account, the member is entitled, at any time on or after the entitlement date, to withdraw that amount or such part of that amount and any interest accruing on that amount, as the Board may determine, in accordance with any regulations made under section 77(1). [6/2016; 43/2017] (7A) Subject to subsection (7B) or (7C) and regulations made under section 77(1), the Board may, without any application by a member — ( a ) pay the determined amount to the member from any moneys standing to the member’s credit in the Fund; or ( b ) transfer the determined amount from the moneys standing to the member’s credit in the Fund to the member’s retirement account for payment to the member under paragraph ( a ). [Act 39 of 2021 wef 01/03/2022] (7B) Where the member is entitled to make a withdrawal under subsection (2)( a ) — ( a ) subsection (7A) applies on or after the entitlement date; and ( b ) the determined amount is an amount determined by the Board. [Act 39 of 2021 wef 01/03/2022] (7C) Where the member is entitled to make a withdrawal under section 15AA(1) by reason of a specified significant condition — ( a ) subsection (7A) applies on or after the Board is satisfied that the member is suffering from a specified significant condition as defined in section 15AA(9); and ( b ) the determined amount is an amount determined by the Minister. [Act 39 of 2021 wef 01/03/2022] (7D) Subsection (6)( a ) and section 15AA(5) do not apply to a payment under subsection (7A)( a ). [Act 39 of 2021 wef 01/03/2022] (7E) Except for the determined amount mentioned in subsection (7B)( b ) or (7C)( b ) and subject to regulations made under section 77(1), other limits imposed on the amount of moneys that may be transferred to or maintained in the member’s retirement account do not apply to — ( a ) any transfer to a member’s retirement account under subsection (7A)( b ); or ( b ) any crediting of interest to a member’s retirement account under section 13(5AA), or payment of interest to a member’s retirement account under section 13AA(5) or (6). [Act 33 of 2024 wef 19/01/2025] (8) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (8A) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (8B) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (8C) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (8CA) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (8D) Despite sections 15(2), (6), (6C) and (7), 15AA(1) and (5) and 27, where the Board has transferred or paid any amount into a member’s account in the Fund (called in this section the transferred amount), the Board may, on the member’s application, permit the member to withdraw an amount determined by the Board — ( a ) from one or more accounts in the Fund as the Board may determine; ( b ) in circumstances prescribed by regulations made under section 77(1); and ( c ) if the member satisfies such requirements as the Board may specify. [6/2016] [Act 39 of 2021 wef 01/01/2022] [Act 39 of 2021 wef 01/03/2022] (8E) An application under subsection (8D) must be made within such time as may be prescribed by regulations made under section 77(1), and different times may be prescribed for different types of withdrawals. [6/2016] (8F) The amount that the Board may permit a member to withdraw under subsection (8D) must not exceed the transferred amount. [6/2016] [Act 39 of 2021 wef 01/03/2022] (9) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (9A) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (10) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (10A) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (10B) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (10C) [ Deleted by Act 23 of 2012 ] (11) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (11A) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (11B) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (11C) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (11D) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (11E) [ Deleted by Act 39 of 2021 wef 01/03/2022 ] (11EA) [ Deleted by Act 39 of 2021 wef 01/03/2022


document_id: cpfa-1953
provision_ref: s15AA
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 15AA
title: Withdrawal on grounds of significant condition, and exemption for pension, annuity or other benefit
content:
15AA. —(1) Subject to section 16, a member of the Fund is entitled to withdraw the sum standing to the credit of the member in the Fund if the Board is satisfied that the member is suffering from a significant condition. [Act 39 of 2021 wef 01/04/2022] (2) Without limiting subsection (1), a member who has attained 55 years of age but has not attained the prescribed age is entitled, in accordance with regulations made under section 77(1), to withdraw the amount referred to in section 15(6C)( a ) which is deposited with an approved bank or retained in the member’s retirement account or such part of that amount as the Board may determine, or to surrender his or her approved annuity from an insurer, if the Board is satisfied that the member — ( a ) is suffering from a significant condition; or ( b ) is receiving or will receive a pension, annuity or other benefit approved by the Board that provides the member with a monthly income, whether or not the monthly income is less in value than the payout benchmark applicable to the member. (3) A member need not comply with section 15(6)( a ) if the Board is satisfied that the member — ( a ) is suffering from a significant condition; ( b ) is receiving or will receive a pension, annuity or other benefit approved by the Board that provides the member with a monthly income not less in value than the payout benchmark applicable to the member; or ( c ) has attained 55 years of age before 1 January 1987. (4) Subsection (5) applies to a member of the Fund who — ( a ) is entitled to withdraw the sum standing to his or her credit in the Fund under subsection (1) by reason of a specified significant condition; ( b ) is entitled under subsection (2)( a ) by reason of a specified significant condition to withdraw the amount referred to in section 15(6C)( a ) which is deposited with an approved bank or retained in the member’s retirement account, or any part of that amount, or surrender his or her approved annuity from an insurer; or ( c ) is entitled under section 15(2)( a ) or (3), or is allowed under section 15(4), to withdraw the sum standing to his or her credit in the Fund and, under subsection (3)( a ), need not comply with section 15(6)( a ) by reason of a specified significant condition. (5) At the time of the withdrawal or surrender (as the case may be) mentioned in subsection (4) and at such other times as the Minister may determine, and in accordance with such directions as the Minister may give in any particular case — ( a ) such amount as the Minister may specify must be set aside or topped‑up in the member’s retirement account — (i) by the member; or (ii) from the sum standing to the member’s credit in the Fund, after excluding any reserved amount standing to the member’s credit in his or her ordinary account; and ( b ) if there exist such circumstances as may be prescribed by regulations made under section 77(1) and the member is thereby required to reserve any amount in his or her ordinary account, such reserved amount must be set aside or topped‑up in that account — (i) by the member; or (ii) from the sum standing to the member’s credit in that account. (6) Where any amount has been set aside or topped‑up in the member’s retirement account for the purposes of subsection (5)( a ), the amount standing to the credit of the member in his or her retirement account may be withdrawn by the member in accordance with such terms and conditions as the Minister may from time to time impose. (7) A member who has attained the prescribed age and who need not comply with section 15(6)( a ) by reason of subsection (3)( b ) is entitled, in accordance with regulations made under section 77(1) — ( a ) where any amount standing to the member’s credit in the member’s retirement account is deposited with an approved bank or retained in the member’s retirement account under section 15(6C)( a ), to withdraw the amount or such part of the amount, as the Board may determine, which was so deposited or retained; and ( b ) where any amount standing to the member’s credit in the member’s retirement account is used to purchase an approved annuity under section 15(6C)( b ), to surrender the approved annuity. (8) For the purposes of subsections (2)( b ) and (3)( b ), the Minister — ( a ) may specify different amounts of payout benchmark for different classes of members, taking into account the life expectancy of the different classes of members; ( b ) must publish the payout benchmark applicable to each class of members in a manner accessible to the public; and ( c ) may, on the application of a member, specify a payout benchmark for that member that is less than the payout benchmark published under paragraph ( b ) for the class of members to which the member belongs. (9) In this section — “significant condition” means any physical or mental condition prescribed as a significant condition by regulations made under section 77(1); “specified significant condition” means any significant condition prescribed as a specified significant condition by regulations made under section 77(1). [Act 39 of 2021 wef 01/03/2022]


document_id: cpfa-1953
provision_ref: s15AB
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 15AB
title: Charge or undertaking on immovable property to secure retirement sum
content:
15AB. —(1) Where a member or his or her spouse owns any immovable property of a value equal to or exceeding the member’s retirement sum, the Board may, on an application made before 1 January 2013, permit the member — ( a ) to withdraw the amount referred to in the former section 15(6C)( b ) or part thereof from his or her account with an approved bank or his or her retirement account; or ( b ) to surrender his or her approved annuity, if the member or his or her spouse (as the case may be) agrees to the creation of a charge on the immovable property owned by the member or his or her spouse, to secure the payment to the Board of the member’s retirement sum. (2) Where a member and one or more related persons jointly own any immovable property of a value equal to or exceeding the member’s retirement sum, the Board may, on an application made before 1 January 2013, permit the member — ( a ) to withdraw the amount referred to in the former section 15(6C)( b ) or part thereof from his or her account with an approved bank or his or her retirement account; or ( b ) to surrender his or her approved annuity, if the member and the related person or persons (as the case may be) agree to the creation of a charge on the immovable property owned by them to secure the payment to the Board of the member’s retirement sum. (3) Where a member or his or her spouse or both of them jointly own any immovable property sold by an approved developer, by a Housing Authority or by a lessee of a Housing Authority, the Board may, on an application made before 1 January 2013, permit the member — ( a ) to withdraw the amount referred to in the former section 15(6C)( b ) or part thereof from his or her account with an approved bank or his or her retirement account; or ( b ) to surrender his or her approved annuity, if the member or his or her spouse (or both of them), as the case may be, gives an undertaking to refund to the Board an amount equal to the member’s retirement sum or part thereof which is required to be set aside in the event the property is sold or otherwise disposed of. (4) Where a member and one or more persons (other than the member’s spouse) jointly own any immovable property sold by an approved developer, by a Housing Authority or by a lessee of a Housing Authority, the Board may, on an application made before 1 January 2013, permit the member — ( a ) to withdraw the amount referred to in the former section 15(6C)( b ) or part thereof from his or her account with an approved bank or his or her retirement account; or ( b ) to surrender his or her approved annuity, if the member and the person or persons (as the case may be) give an undertaking to refund to the Board an amount equal to the member’s retirement sum or part thereof which is required to be set aside in the event the property is sold or otherwise disposed of. (5) The Board must not enforce any undertaking under subsection (3) or (4) if there exist such circumstances as may be prescribed in regulations made under section 77(1) for the purposes of this subsection. (6) Where a member owns any immovable property of a value equal to or exceeding the retirement sum, the Board may, on an application made on or after 1 January 2013, permit the member, in accordance with any regulations made under section 77(1) — ( a ) to withdraw the amount referred to in section 15(6C)( a ) which is deposited with an approved bank or retained in the member’s retirement account or any part of that amount; or ( b ) to surrender his or her approved annuity. (7) Where a member and one or more persons jointly own any immovable property of a value equal to or exceeding the retirement sum, the Board may, on an application made on or after 1 January 2013, permit the member, in accordance with any regulations made under section 77(1) — ( a ) to withdraw the amount referred to in section 15(6C)( a ) which is deposited with an approved bank or retained in the member’s retirement account or any part of that amount; or ( b ) to surrender his or her approved annuity. (8) Where a member owns any immovable property sold by an approved developer, by a Housing Authority or by a lessee of a Housing Authority, the Board may, on an application made on or after 1 January 2013, permit the member, in accordance with any regulations made under section 77(1) — ( a ) to withdraw the amount referred to in section 15(6C)( a ) which is deposited with an approved bank or retained in the member’s retirement account or any part of that amount; or ( b ) to surrender his or her approved annuity. (9) Where a member and one or more persons jointly own any immovable property sold by an approved developer, by a Housing Authority or by a lessee of a Housing Authority, the Board may, on an application made on or after 1 January 2013, permit the member, in accordance with any regulations made under section 77(1) — ( a ) to withdraw the amount referred to in section 15(6C)( a ) which is deposited with an approved bank or retained in the member’s retirement account or any part of that amount; or ( b ) to surrender his or her approved annuity. (10) Where a member, with the Board’s permission under subsection (6), (7), (8) or (9), has withdrawn the amount referred to in section 15(6C)( a ) which is deposited with an approved bank or retained in the member’s retirement account or any part of that amount, a charge is constituted on the immovable property referred to in subsection (6), (7), (8) or (9) (as the case may be) to secure the payment to the Board of the amount withdrawn. (11) Where a member, with the Board’s permission under subsection (6), (7), (8) or (9), has surrendered his or her approved annuity, a charge is constituted on the immovable property referred to in subsection (6), (7), (8) or (9) (as the case may be) to secure the payment to the Board of the entire surrender value of the approved annuity. (12) Subject to regulations made under section 77(1), the Board may, on an application made on or after 1 April 2021, permit the member to use any immovable property (owned by the member, or by the member and one or more persons jointly) to secure the whole or part of the retirement sum applicable to the member. (13) Where the Board approves the member’s application under subsection (12), a charge is constituted on the immovable property mentioned in that subsection to secure the payment to the Board of an amount determined by the Board, not exceeding the amount of the retirement sum applicable to the member. (14) The following provisions apply to a charge constituted on any immovable property under subsection (10), (11) or (13): ( a ) the charge is subject to all prior statutory rights and charges of any public authority over the immovable property and to all encumbrances registered or notified prior to the date of the constitution of the charge; ( b ) upon the constitution of the charge, the Board has the power of sale and all other powers relating or incidental thereto to sell and effectually transfer the immovable property to any purchaser as if the Board were a registered mortgagee and, in any case where the immovable property is registered land within the meaning of the Land Titles Act 1993, even though the charge is not registered under that Act; ( c ) the charge extends to all the rights, benefits and interests of the member, or of the member and the other person or persons who jointly own the immovable property (as the case may be) under his or her or their agreement for sale and purchase of the immovable property; ( d ) where the Board has lodged with the Registrar an instrument (which must be in such form as the Registrar may require) for the purpose of registering or notifying the charge, the Registrar need not be concerned to enquire into the regularity or validity of the charge and must, on acceptance of the instrument, register or notify the charge in the appropriate register maintained by the Registrar under the Land Titles Act 1993, the Land Titles (Strata) Act 1967 or the Registration of Deeds Act 1988, as the case may be; ( e ) the charge continues in force until the Board is satisfied of the occurrence of any event prescribed in regulations made under section 77(1) for the purposes of this paragraph. (15) The following provisions apply to a charge created over any immovable property under subsection (1) or (2): ( a ) the charge is subject to all prior statutory rights and charges of any public authority over the immovable property and to all encumbrances registered or notified prior to the date of the notification of the charge; ( b ) upon lodgment by the Board with the Registrar of an instrument (which must be in such form as the Registrar may require) for the purpose of registering or notifying the charge and the acceptance of the instrument by the Registrar, the Board has — (i) the power of sale and all other powers relating or incidental thereto as if the Board were a registered mortgagee; and (ii) the power to sell, assign and dispose of all rights, benefits and interests under the agreement for the sale and purchase of the immovable property; ( c ) the charge extends to all the rights, benefits and interests of the member or his or her spouse, or the member and the related person or persons (as the case may be), under his or her or their agreement for sale and purchase of the immovable property; ( d ) the Registrar need not be concerned to enquire into the regularity or validity of the charge and must, on acceptance of the instrument to register or notify the charge, register or notify the charge in the appropriate register maintained by the Registrar under the Land Titles Act 1993, the Land Titles (Strata) Act 1967 or the Registration of Deeds Act 1988, as the case may be; ( e ) the charge must, on the application of the member or any other person having an interest in the property, be cancelled if the Board is satisfied of the occurrence of any event prescribed in regulations made under section 77(1) for the purposes of this paragraph. (16) Section 73 of the Conveyancing and Law of Property Act 1886 and sections 49L and 49M of the Insurance Act 1966 1 do not apply to any annuity purchased with any amount standing to the credit of a member in his or her retirement account. 1 Sections 49L and 49M of the Insurance Act 1966 are to be construed as sections 132 and 133 respectively of the Insurance Act 1966, according to section 20(1) of the Revised Edition of the Laws Act 1983. (17) In this section, “related person”, in relation to a member, means — ( a ) his or her spouse; ( b ) a child of the member, including an adopted child and a stepchild; ( c ) a father or mother of the member; ( d ) a brother or sister of the member; ( e ) a grandchild of the member; ( f ) a grandparent of the member; or ( g ) any other person who in the opinion of the Board should be regarded as a related person for the purposes of this section. [Act 39 of 2021 wef 01/03/2022]


document_id: cpfa-1953
provision_ref: s15A
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 15A
title: Restrictions on withdrawals to ensure repayment of approved loan
content:
15A. Despite anything in sections 15, 15AA and 15AB, a member of the Fund is not entitled to withdraw from the Fund any sum standing to the member’s credit under section 15(2)( b ) or 15AA(1) unless the Board is satisfied that all moneys lent to the member pursuant to any approved loan scheme within the meaning of section 14A and which have been paid into the Fund under section 14A(2) for the benefit of the member, together with any interest and other charges which the member is liable to pay to the Government under the terms and conditions of the loan, have been repaid to the Government. [Act 39 of 2021 wef 01/03/2022] [Act 36 of 2023 wef 01/04/2024]


document_id: cpfa-1953
provision_ref: s15B
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 15B
title: Setting aside additional sum
content:
15B. —(1) Before 1 January 2014, a member who is entitled to withdraw the sum standing to the member’s credit in the Fund under section 15(2)( a ), (3) or (4) may, in addition to the retirement sum required to be set aside under section 15(6)( a ), set aside in accordance with regulations made under this Act, the balance or any part of the balance of the sum which the member is entitled to withdraw under section 15(2)( a ), (3) or (4) (called in this section the additional sum). [24/2013; 26/2016] (2) The additional sum set aside under subsection (1) may, before 1 January 2014 — ( a ) be deposited with an approved bank; or ( b ) be used to purchase an approved annuity from an insurer. [24/2013] (3) Sections 25 and 25A does not apply to the additional sum set aside under subsection (1). [39/2000] [Act 39 of 2021 wef 18/06/2022]


document_id: cpfa-1953
provision_ref: s16
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 16
title: Restrictions on withdrawal from medisave account
content:
16. —(1) A member of the Fund is not entitled to withdraw any sum standing to the credit of the member in the member’s medisave account under section 15(2)( a ) or (3). [26/2016] (2) A member of the Fund is not entitled to withdraw any sum standing to the credit of the member in the member’s medisave account under section 15AA(1), except with the Minister’s approval. [26/2016] [Act 39 of 2021 wef 01/03/2022] (3) The Board must not allow a member of the Fund to withdraw any sum standing to the credit of the member in the member’s medisave account under section 15(4). [26/2016]


document_id: cpfa-1953
provision_ref: s16A
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 16A
title: Withdrawal from medisave account of deceased member
content:
16A. —(1) Despite section 24(3A), on or after the death of a member of the Fund, the Board may, subject to such conditions as the Minister may from time to time impose, permit the withdrawal, for one or more of the following purposes, of the whole or any part of the sum standing to the member’s credit in his or her medisave account, in accordance with any regulations made under section 34 of the MediShield Life Scheme Act 2015, section 64 of the CareShield Life and Long‑Term Care Act 2019 or section 77(1): ( a ) for such medical, psychiatric or other treatment or services received by the member as may be prescribed by regulations made under section 77(1), if that withdrawal had been authorised — (i) before the member’s death, by him or her or, if he or she was unable to give the authorisation, by a prescribed person; or (ii) on or after the member’s death, by a prescribed person; ( b ) for such medical, psychiatric or other treatment or services as may be prescribed by regulations made under section 77(1) received (whether before, on or after 1 August 2013), or to be received, by the member’s spouse, child or parent or by such other person as may be prescribed by regulations made under section 77(1), if that withdrawal had been authorised by the member before his or her death; ( c ) for any premium (including interest and penalties for late payment) and other sums payable for the member’s insurance under the MediShield Life Scheme, or under any medical insurance scheme or other insurance scheme referred to in section 34(2)( j ) of the MediShield Life Scheme Act 2015 or section 77(1)( k ), if — (i) the member is insured under the MediShield Life Scheme, or under any medical insurance scheme or other insurance scheme, as the case may be; and (ii) the Board has authorised, whether before or after the member’s death, the withdrawal of any amount standing to the member’s credit in his or her medisave account for the payment of any such premium; ( d ) for any premium (including interest and penalties for late payment) and other sums payable for the member’s insurance under the CareShield Life Scheme or ElderShield Scheme, or under any Supplement Scheme, if — (i) the member is insured under the CareShield Life Scheme, ElderShield Scheme or Supplement Scheme, as the case may be; and (ii) the Board has authorised, whether before or after the member’s death, the withdrawal of any amount standing to the member’s credit in his or her medisave account for the payment of any such premium; ( e ) for the member or the member’s dependant pursuant to section 16B, if that withdrawal had been authorised before the member’s death. [23/2012; 4/2015; 26/2019] (2) Where the Board has permitted the withdrawal of any money under subsection (1), section 24(3A) does not apply to that money. (3) In subsection (1), “prescribed person” means such person or committee as may be prescribed by any regulations made under section 77(1).


document_id: cpfa-1953
provision_ref: s16B
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 16B
title: Withdrawal from medisave account for long-term care
content:
16B. —(1) The Board may, on application by a member of the Fund, permit the member to withdraw the whole or any part of the sum standing to the member’s credit in the medisave account as the Board may determine, for the member or the member’s dependant (as the case may be) in accordance with regulations made under section 77(1) and subject to such terms and conditions as the Board may impose, if — ( a ) the amount standing to the credit of the member is not less than such amount as may be prescribed; ( b ) a certification under subsection (2) has been issued and remains in force; and ( c ) the member and, where applicable, the member’s dependant satisfy such other conditions as may be determined by the Minister charged with the responsibility for health. [26/2019] (2) The certifying body may, on an application by a member who wishes to make an application under subsection (1), issue a written certification stating that the member is eligible to make a withdrawal — ( a ) in the case of a withdrawal for the member — (i) if the certifying body is satisfied that the member requires long-term care based on the conditions prescribed in regulations made under section 77(1); (ii) if the member has, at the time the certifying body issues the certification, attained such age as may be prescribed in regulations made under section 77(1); and (iii) if the member satisfies such other requirements as the Minister charged with the responsibility for health may impose; or ( b ) in the case of a withdrawal for the member’s dependant — (i) if the certifying body is satisfied that the member’s dependant requires long-term care based on the conditions prescribed in regulations made under section 77(1); (ii) if the member and the member’s dependant have, at the time the certifying body issues the certification, attained such age as may be prescribed in regulations made under section 77(1); and (iii) if the member’s dependant satisfies such other requirements as the Minister charged with the responsibility for health may impose. [26/2019] (3) The Minister charged with the responsibility for health may, in any particular case, waive any condition mentioned in subsections (1)( a ) and ( b ), (2)( a )(i) and (ii) and (2)( b )(i) and (ii). [26/2019] (4) For the purposes of a certification under this section, the certifying body may — ( a ) carry out such inquiries and investigations in relation to the certification; ( b ) request that the member or member’s dependant (as the case may be) provide, within a specified time, any information that the certifying body requires; and ( c ) require the member or member’s dependant (as the case may be) to attend a disability assessment by an assessor. [26/2019] (5) The Minister charged with the responsibility for health may — ( a ) in writing delegate to any person, or group of persons, appointed by the Minister all or any of the Minister’s functions and powers under subsection (3); and ( b ) under paragraph ( a ), delegate different functions and powers to different persons or groups of persons. [26/2019] (6) Where the Board permits the withdrawal of an amount under subsection (1) for the member or the member’s dependant (as the case may be), the Board may pay the amount to — ( a ) the person for whom the amount was withdrawn; or ( b ) an approved payee nominated by the person mentioned in paragraph ( a ) to receive the amount on the person’s behalf, as determined by the certifying body. [26/2019] (7) A payment by the Board to a person mentioned in subsection (6) is a proper discharge of the Board’s duties under this section. [26/2019] (8) Subsection (7) does not affect any recourse which any person may have against the person receiving the amount paid to that person under subsection (6). [26/2019] (9) The approved payee who receives the amount under subsection (6) for the person for whom the amount was withdrawn may, in such circumstances as may be prescribed, pay the whole or any part of the amount to that person’s account in the Fund. [26/2019] (10) Except where subsection (9) applies, the approved payee who receives the amount under subsection (6) for the person whom the amount was withdrawn must first apply the amount for the care of the person for whom the amount was withdrawn. [26/2019] (11) An approved payee who, without reasonable excuse, contravenes subsection (10) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual — (i) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and (ii) in addition, to a penalty equal to 4 times the relevant amount; or ( b ) in any other case — (i) to a fine not exceeding $20,000; and (ii) in addition, to a penalty equal to 8 times the relevant amount. [26/2019] (12) Where a person has been convicted by a court under subsection (11), the court may order that person to make payment of the whole or any part of the amount received by that person under subsection (6) including the whole or any part of the interest that would have been payable thereon had the amount not been withdrawn from the Fund. [26/2019] (13) Where a court has ordered payment under subsection (12), the moneys given by a person in compliance with the order are to be paid to the medisave account of the member from which the amount was withdrawn under subsection (6). [26/2019] (14) In this section — “approved payee”, in relation to the person mentioned in subsection (6)( a ), means a person whom the certifying body is satisfied is within the class or classes of persons approved by the Minister charged with the responsibility for health to receive a withdrawal under subsection (1) on behalf of the person for whom the amount is to be withdrawn; “dependant”, in relation to a member, means such person whom the certifying body is satisfied is related to the member in such manner as may be prescribed in regulations made under section 77(1) or in any other manner as the Minister charged with the responsibility for health may determine; “relevant amount” means the amount received by a person under subsection (6) which was not applied for the care of the person for whom the amount was withdrawn. [26/2019]


document_id: cpfa-1953
provision_ref: s16C
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 16C
title: Application under section 16B by approved person
content:
16C. —(1) Despite section 70 and any provision in the Mental Capacity Act 2008 but subject to subsection (2) — ( a ) the Board may — (i) permit the whole or any part of the sum standing to a relevant person’s credit in the medisave account to be withdrawn under section 16B, where an application to the Board under section 16B is made by an approved person on behalf of a relevant person; or (ii) permit any information for the purposes of section 16B to be provided to the Board by an approved person on behalf of a relevant person (whether or not the relevant person is the person whose moneys in the medisave account are to be withdrawn under section 16B); and ( b ) for the purposes of a certification under section 16B — (i) the certifying body may permit any information to be provided to the certifying body by an approved person on behalf of a relevant person (whether or not the relevant person is the person whose moneys in the medisave account are to be withdrawn under section 16B); and (ii) the approved person may do all that is necessary in relation to the application under section 16B. [26/2019] (2) Any permission by the Board under subsection (1)( a ) is subject to such terms and conditions as the Board may, with the approval of the Minister charged with the responsibility for health, impose. [26/2019] (3) Where the Board permits the whole or any part of the sum standing to the relevant person’s credit in the medisave account to be withdrawn under subsection (1), the Board may pay the amount withdrawn from the relevant person’s medisave account to an approved payee nominated by the approved person to receive the amount on the relevant person’s behalf. [26/2019] (4) Where — ( a ) the relevant person is the member’s dependant; and ( b ) the Board permits the whole or any part of the sum standing to the member’s credit in the medisave account to be withdrawn under section 16B(1) for the relevant person, the Board may pay the amount withdrawn from the member’s medisave account to an approved payee nominated by the approved person, to receive the amount on behalf of the relevant person. [26/2019] (5) The receipt by the approved payee is a proper discharge of the Board’s duties for the amount paid to the approved payee under subsection (3) or (4), as the case may be. [26/2019] (6) Subsection (5) does not affect any recourse which any person may have against the approved person or the approved payee for the amount paid to the approved payee under that subsection. [26/2019] (7) The approved payee who receives the amount under subsection (3) or (4) (as the case may be) for the relevant person may, in such circumstances as may be prescribed, pay the whole or any part of the amount to that person’s account in the Fund. [26/2019] (8) Except where subsection (7) applies, the approved payee must first apply the amount paid to the approved payee under subsection (3) or (4) (as the case may be) for the care of the relevant person. [26/2019] (9) An approved payee who, without reasonable excuse, contravenes subsection (8) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual — (i) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both; and (ii) in addition, to a penalty equal to 4 times the relevant amount; or ( b ) in any other case — (i) to a fine not exceeding $20,000; and (ii) in addition, to a penalty equal to 8 times the relevant amount. [26/2019] (10) Where a person has been convicted by a court under subsection (9), the court may order that person to make payment of the whole or any part of the amount paid to that person under subsection (3) or (4) (as the case may be) including the whole or any part of the interest that would have been payable thereon had the amount not been withdrawn from the Fund. [26/2019] (11) Where a court has ordered payment under subsection (10), the moneys given by a person in compliance with the order are to be paid to the medisave account of the person from whose medisave account the moneys were withdrawn. [26/2019] (12) The Minister charged with the responsibility for health may — ( a ) approve different classes of approved payees for applications made by different classes of approved persons; ( b ) impose different terms and conditions for different classes of approved persons; and ( c ) impose different terms and conditions for different classes of approved payees. [26/2019] (13) In this section — “approved payee”, in relation to a relevant person, means a person whom the certifying body is satisfied is within the class or classes of persons approved by the Minister charged with the responsibility for health to receive any amount under subsection (3) or (4) (as the case may be) on behalf of the person for whom the amount was withdrawn; “approved person”, in relation to a relevant person, means a person whom the certifying body is satisfied is within the class or classes of persons approved by the Minister charged with the responsibility for health to make an application, provide information or do all that is necessary under subsection (1); “relevant amount” means the amount received by an approved payee which was not applied for the care of the person for whom the amount was withdrawn; “relevant person” means a person — ( a ) whom the certifying body is satisfied to lack mental capacity and who — (i) is entitled, but is unable, to make any application under section 16B; or (ii) is unable to provide any information for the purposes of section 16B; and ( b ) who, to the best of the certifying body’s knowledge, has neither of the following: (i) a deputy appointed or deemed to be appointed for the person by the court under the Mental Capacity Act 2008 with power in relation to the person for the purposes of this Act; (ii) a donee under a lasting power of attorney registered under the Mental Capacity Act 2008 with power in relation to the person for the purposes of this Act. [26/2019] 17. [ Repealed by Act 33 of 2024 wef 19/01/2025 ]


document_id: cpfa-1953
provision_ref: s18
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 18
title:
Transfer or payment of moneys to retirement account or special account, and voluntary maintenance of sum in retirement account

content:
18. —(1) The Board may, for any of the purposes mentioned in section 15(6C), and subject to any regulations made under section 77(1)( o ) and such terms and conditions as the Board may impose, permit — ( a ) a member to transfer such portion (not exceeding such amount as may be prescribed) of the sum standing to the member’s credit in the Fund as the Board may determine to the retirement account of a relevant individual, if the relevant individual has attained the age of 55 years; ( b ) any person to pay money into the retirement account of a member who has attained the age of 55 years; or ( c ) any person to voluntarily maintain, in a retirement account with the Board — (i) a retirement sum; or (ii) any other sum that the Board may allow, being a sum not exceeding such sum as may be prescribed by any regulations made under section 77(1)( o ). [23/2012; 6/2016; 26/2016; 43/2017] (1A) All moneys transferred to or paid into a retirement account under subsection (1)( a ) or ( b ) must be applied in accordance with any regulations made under section 77(1)( o ) and such terms and conditions as the Board may impose. (2) The Board may, subject to such terms and conditions as it may impose, permit — ( a ) a member to transfer such portion (not exceeding such amount as the Minister may specify) of the sum standing to the member’s credit in the Fund as the Board may determine to the retirement account of a relevant individual, if any amount referred to in section 15AA(5)( a ) is required to be set aside or topped‑up in the retirement account of the relevant individual; or [Act 39 of 2021 wef 01/03/2022] ( b ) any person to pay money (not exceeding such amount as the Minister may specify) into the retirement account of a member, if any amount referred to in section 15AA(5)( a ) is required to be set aside or topped‑up in the retirement account of the member. [23/2012] [Act 39 of 2021 wef 01/03/2022] (2A) All moneys transferred to or paid into a retirement account under subsection (2)( a ) or ( b ) must be applied in accordance with such terms and conditions as the Minister may impose. [23/2012] (3) The Board may, subject to any regulations made under section 77(1)( oa ) and such terms and conditions as it may impose, permit — ( a ) a member to transfer such portion (not exceeding such amount as may be prescribed) of the sum standing to the member’s credit in the Fund as the Board may determine to the special account of a relevant individual, if the Board has not transferred under section 15(6CA) any amount from the sum standing to the credit of the relevant individual in the Fund to the relevant individual’s retirement account; or ( b ) any person to pay money into the special account of a member, if the Board has not transferred under section 15(6CA) any amount from the sum standing to the credit of the member in the Fund to the member’s retirement account. [23/2012; 24/2013; 43/2017] (4) Subject to subsection (6), where a member is a relevant individual to whose special account any moneys have been transferred under subsection (3)( a ) — ( a ) the moneys so transferred; and ( b ) the whole or such part as the Board may determine of any interest that would have accrued thereon, must be transferred by the Board to the member’s retirement account at the relevant time. [24/2013] (5) Subject to subsection (6) — ( a ) any moneys paid by any person into a member’s special account under subsection (3)( b ); and ( b ) the whole or such part as the Board may determine of any interest that would have accrued thereon, must be transferred by the Board to the member’s retirement account at the relevant time. [24/2013] (6) Where, at the relevant time, the total amount of the moneys and interest referred to in subsections (4)( a ) and ( b ) and (5)( a ) and ( b ) exceeds the retirement sum applicable to a member — ( a ) the total amount to be transferred by the Board to the member’s retirement account under subsections (4) and (5) must not exceed the retirement sum applicable to the member; and ( b ) the moneys and interest referred to in subsections (4)( a ) and ( b ) and (5)( a ) and ( b ) must be transferred by the Board to the member’s retirement account in such order of priority as may be prescribed in any regulations made under section 77(1)( oa ). [24/2013; 26/2016] (7) All moneys transferred to or paid into a special account under subsection (3) must be applied in accordance with this Act and such terms and conditions as the Board may impose. [Act 33 of 2024 wef 19/01/2025] (8) Any moneys transferred under subsection (1)( a ), (2)( a ) or (3)( a ), paid under subsection (1)( b ), (2)( b ) or (3)( b ) or maintained under subsection (1)( c ) are deemed to be contributions for the purposes of this Act. (8A) The Minister may — ( a ) for the purposes of subsection (1)( a ) or (3)( a ), prescribe different amounts that may be transferred by different classes of members to different classes of relevant individuals; ( b ) for the purposes of subsection (2)( a ), specify different amounts that may be transferred by different classes of members to different classes of relevant individuals; and ( c ) for the purposes of subsection (2)( b ), specify different amounts that may be paid by different classes of persons to different classes of members. [43/2017] (8B) The Board may, for the purposes of subsection (1)( a ), (2)( a ) or (3)( a ), determine different portions that may be transferred by different classes of members to different classes of relevant individuals. [43/2017] (9) In this section, “relevant time”, in relation to a member, means such time as may be prescribed in relation to the member in any regulations made under section 77(1). [24/2013]


document_id: cpfa-1953
provision_ref: s18A
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 18A
title: Transfer of member’s moneys in ordinary account or special account to retirement account
content:
18A. —(1) The Board may, subject to any regulations made under section 77(1)( o ) and such terms and conditions as it may impose, permit a member who has less than the prescribed amount standing to the member’s credit in his or her retirement account to transfer a sum (not exceeding such amount as may be prescribed in those regulations) standing to the member’s credit in his or her ordinary account or special account, or in both accounts, to his or her retirement account. [23/2012] (1A) All moneys transferred to a retirement account under subsection (1) must be applied in accordance with any regulations made under section 77(1)( o ) and such terms and conditions as the Board may impose. [23/2012] (2) In this section, “prescribed amount” means an amount prescribed by regulations made under section 77(1)( o ). [6/2016]


document_id: cpfa-1953
provision_ref: s18B
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 18B
title: Transfer of member’s money in ordinary account to special account
content:
18B. The Board may (on a member’s application and subject to any regulations made under section 77(1) and any terms and conditions as the Board may impose) transfer a sum, not exceeding the special account top‑up limit computed in accordance with regulations made under section 77(1), from the amount standing to a member’s credit in the member’s ordinary account to the member’s special account. [43/2017]


document_id: cpfa-1953
provision_ref: s18C
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 18C
title: Transfer of member’s moneys in ordinary account or special account to medisave account
content:
18C. —(1) The Board may, on the application of a member who has less than the requisite amount applicable to the member standing to the member’s credit in his or her medisave account and subject to such terms and conditions as the Board may impose, transfer to his or her medisave account a sum standing to the member’s credit in his or her ordinary account or special account, or in both accounts. [26/2016] (2) [ Deleted by Act 20 of 2011 ] (3) In this section, “requisite amount” means the amount as directed by the Minister under section 13(6).


document_id: cpfa-1953
provision_ref: s18D
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 18D
title:
Transfer of member’s moneys in ordinary account or special account to medisave account of related person

content:
18D. The Board may, on the application of a member and subject to such terms and conditions as the Board may impose, permit the member to transfer the whole or part of the amount standing to the credit of the member in either or both of the member’s ordinary account and special account to the medisave account of any person who is related to the member in a manner specified by the Board. [26/2016]


document_id: cpfa-1953
provision_ref: s19
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 19
title: Board’s discretion to refund moneys transferred under section 18
content:
19. —(1) Subject to subsections (2A) and (2B), the Board may, in the approved circumstances, refund the whole or part of any moneys transferred on or after 4 October 2021 to a relevant individual’s account in the Fund (called in this section Account A) under section 18(1)( a ), (2)( a ) or (3)( a ); and the refund must be made to the account of the member from which the moneys were transferred (called in this section Account B). [Act 33 of 2024 wef 19/01/2025] (2) Where the Board has refunded any moneys from Account A to Account B under subsection (1), the Board may — ( a ) pay into Account B the whole or such part, as the Board may determine, of any interest that would have been payable on the refunded amount if the refunded amount had remained in Account B; and ( b ) deduct from Account A and pay into the general moneys of the Fund, the whole or such part, as the Board may determine, of any interest paid into Account A that accrued to the refunded amount while the refunded amount was in Account A. (2A) Where either Account A or Account B (mentioned in subsection (1)) or both are special accounts that have since been closed under section 13AA(1), subsections (1) and (2) apply with the following modifications: ( a ) if only Account A is closed — (i) any refund to Account B under subsection (1) must be deducted from the relevant individual’s accounts in the Fund in accordance with section 13AA(7) or (8), whichever is applicable; and (ii) any interest in respect of the refunded amount under subsection (2)( b ) must be deducted from the relevant individual’s accounts in the Fund in accordance with section 13AA(7) or (8), whichever is applicable; ( b ) if only Account B is closed — (i) any refund to Account B under subsection (1) must be paid to the member’s accounts in the Fund in accordance with section 13AA(4); and (ii) any interest in respect of the refunded amount under subsection (2)( a ) must be paid to the member’s accounts in the Fund in accordance with section 13AA(5) or (6), whichever is applicable; ( c ) if both Account A and Account B are closed — (i) any refund to Account B under subsection (1) must be paid to the member’s accounts in the Fund in accordance with section 13AA(4) by deducting that refund from the relevant individual’s accounts in the Fund in accordance with section 13AA(7) or (8), whichever is applicable; (ii) subsection (2)( a ) applies as modified by paragraph ( b )(ii); and (iii) subsection (2)( b ) applies as modified by paragraph ( a )(ii). [Act 33 of 2024 wef 19/01/2025] (2B) Where the moneys transferred to Account A mentioned in subsection (1) have been transferred to another account in the Fund of the relevant individual (called in this subsection Account C) pursuant to section 13(7C), 15(6CA), 15AA(5) or 18(4), subsections (1) and (2) apply with the following modifications: ( a ) any refund to Account B under subsection (1) must be deducted from Account C; ( b ) any interest in respect of the refunded amount to be deducted under subsection (2)( b ) must be deducted from Account C, and is the whole or any part, as the Board may determine, of — (i) any interest paid into Account A and Account C that accrued to the refunded amount while the refunded amount was in Account A and Account C; and (ii) if applicable, any interest paid in respect of the refunded amount in connection with an initial transfer specified in section 13(7D). [Act 33 of 2024 wef 19/01/2025] (3) This section applies despite — ( a ) the relevant individual’s death on or after 1 April 2022; or ( b ) the Board’s receipt of the relevant individual’s application on or after 1 April 2022 to withdraw any sum from the Fund under section 15(2)( b ) or ( c ) as in force before 1 April 2024 or section 15(2)( b ) as in force on or after 1 April 2024. [Act 36 of 2023 wef 01/04/2024] (4) In this section — “approved circumstances” means circumstances approved by the Minister or a person specified by the Minister; [ Deleted by Act 36 of 2023 wef 01/04/2024 ] “refunded amount” means the amount of moneys refunded from Account A to Account B under subsection (1), as modified by subsection (2A) or (2B), if applicable. [Act 39 of 2021 wef 01/04/2022] [Act 33 of 2024 wef 19/01/2025] 19A. [ Repealed by Act 39 of 2021 wef 01/04/2022 ] 19B. [ Repealed by Act 39 of 2021 wef 01/04/2022 ] 19C. [ Repealed by Act 39 of 2021 wef 01/04/2022 ]


document_id: cpfa-1953
provision_ref: s19D
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 19D
title:
Refund of moneys transferred before commencement date or paid before 1 November 2008 under section 18

content:
19D. —(1) A person may apply, on or after the commencement date but before 1 April 2022 and in the manner specified by the Board, for the refund of any of the following moneys: ( a ) moneys transferred by the person before the commencement date to the retirement account or special account of a relevant individual under section 18(1)( a ), (2)( a ) or (3)( a ), as the case may be; ( b ) moneys paid by the person before 1 November 2008 to his or her parent’s, grandparent’s, spouse’s or sibling’s retirement account under section 18(1)( b ) or (2)( b ) as in force immediately before 1 November 2008; ( c ) moneys paid by the person before 1 November 2008 to his or her spouse’s or sibling’s special account under section 18(3)( b ) as in force immediately before 1 November 2008. (2) On an application for the refund of moneys mentioned in subsection (1)( a ), the Board must refund the remaining moneys to the giver’s account from which such moneys were transferred, if the conditions specified by the Board are met. (3) On an application for the refund of moneys mentioned in subsection (1)( b ) or ( c ), the Board — ( a ) must pay the remaining moneys to the payer, if the conditions specified by the Board are met; or ( b ) if the Board has been notified that the payer has died at the time of payment, may pay the remaining moneys — (i) to the personal representatives of the deceased payer; or (ii) if to the best of the Board’s knowledge the deceased payer does not have any personal representatives, and if the amount that the payer would have received does not exceed such amount as the Minister may specify — to a proper claimant. [Act 36 of 2023 wef 01/07/2024] (4) The receipt of the proper claimant is a discharge to the Board for the payment to the proper claimant under subsection (3)( b )(ii). (5) Where payment has been made to a proper claimant under subsection (3)( b )(ii), this section does not affect any recourse that any person may have against the proper claimant for that amount. (6) Subsections (2) and (3) apply on or after the commencement date despite — ( a ) the death of the recipient of the moneys mentioned in subsection (1)( a ), ( b ) or ( c ), as the case may be; or ( b ) the Board’s receipt of the recipient’s application to withdraw any sum from the Fund under section 15(2)( b ) or ( c ) as in force before 1 April 2024, on or after the Board receives the application under subsection (1). [Act 36 of 2023 wef 01/04/2024] (7) The Board may without any application under subsection (1) — ( a ) refund the remaining moneys in relation to moneys mentioned in subsection (1)( a ) in accordance with subsection (2); or ( b ) pay the remaining moneys in relation to moneys mentioned in subsection (1)( b ) or ( c ) in accordance with subsection (3). (8) Subsections (2), (3) and (7) do not apply if an event mentioned in subsection (6)( a ) or ( b ) has occurred before the commencement date. (9) In this section — “applicable provision” means section 15(2)( d ), ( e ), ( f ) or ( g ), (2B), (7), (7C) or (8B) as in force immediately before the date of commencement of section 4 of the Central Provident Fund (Amendment) Act 2021, or section 15(7) or 15AA(1) or (6); [Act 39 of 2021 wef 01/03/2022] “child” means a legitimate child and includes any child adopted by virtue of an order of court under any written law for the time being in force in Singapore, Malaysia or Brunei Darussalam; “commencement date” means the date of commencement of section 58 of the Central Provident Fund (Amendment) Act 2021; “giver”, in relation to moneys mentioned in subsection (1)( a ), means the person from whom those moneys were transferred to the recipient’s retirement account or special account; “parent” includes an adoptive parent; “payer”, in relation to moneys mentioned in subsection (1)( b ) or ( c ), means the person who paid those moneys to the recipient’s retirement account or special account; “proper claimant” means a person who — ( a ) claims to be entitled to the remaining moneys on the death of the payer mentioned in subsection (3) as executor of the deceased payer; or ( b ) claims to be entitled to the remaining moneys on the death of the payer mentioned in subsection (3) (whether for his or her own benefit or not), and is the widower, widow, child, grandchild, parent, brother, sister, nephew, niece, grandparent, uncle or aunt of the deceased payer; “recipient”, in relation to moneys mentioned in subsection (1)( a ), ( b ) or ( c ), means the person to whose retirement account or special account those moneys were transferred or paid; “remaining moneys” means the moneys mentioned in subsection (1)( a ), ( b ) or ( c ) (as the case may be) that remain standing in the recipient’s account mentioned in that subsection immediately before the refund is made, but excludes any of those moneys that had been withdrawn from the recipient’s account under an applicable provision before the refund and then restored to the recipient’s account because — ( a ) the payment of the withdrawn moneys was unsuccessful; or ( b ) the instrument in respect of that payment was returned to the Board or has expired. [Act 39 of 2021 wef 01/01/2022]


document_id: cpfa-1953
provision_ref: s20
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 20
title: Withdrawals
content:
20. —(1) Subject to subsection (1A) and section 25(3), upon an application for the withdrawal of a sum of money standing to the credit of a member of the Fund by a person entitled thereto under section 15, 15AA or 15AB — ( a ) where the applicant is the member, the Board may pay him or her such sum as he or she is entitled to withdraw from the Fund (including any interest calculated in accordance with section 6(4) and (4B) up to the date the Board authorised the payment); or ( b ) where the Board has been notified that the member has died and the applicant is a person nominated by the member by a memorandum executed in accordance with section 25(1) — (i) if the memorandum provides for payment to the person in accordance with section 25(1)( a )(i) (whether or not the person is a citizen or permanent resident of Singapore), or if the memorandum provides for payment to the person in accordance with section 25(1)( a )(ii) but the person is not a citizen or permanent resident of Singapore, the Board may pay the person such portion of the amount payable on the member’s death out of the Fund as the person is nominated to receive; (ii) if the memorandum provides for payment to the person in accordance with section 25(1)( a )(ii), and the person is a citizen or permanent resident of Singapore, the Board may — (A) subject to sub-paragraph (B), transfer to the person’s accounts in the Fund, in such manner as the member has specified in the memorandum, such portion of the amount payable on the member’s death out of the Fund as the person is nominated to receive; or (B) if that portion exceeds such maximum amount as the Minister may determine for the purposes of section 25(1)( a )(ii)(B), transfer that maximum amount to the person’s accounts in the Fund in such manner as the member has specified in the memorandum, and pay the person the excess; or (iii) if the memorandum provides for payment to the person in accordance with section 25(1)( a )(iii) (whether or not the member is a citizen or permanent resident of Singapore at the time of his or her death, whether or not the person is a citizen or permanent resident of Singapore, and whether or not the certification under section 25(1C) issued in respect of the person remains in force), the Board may — (A) subject to sub-paragraph (C) and if the memorandum so provides, pay the person such portion of the amount payable on the member’s death out of the Fund as the person is nominated to receive in periodic instalments in such manner as the Board may determine; (B) subject to sub-paragraph (C) and if the memorandum so provides, transfer such part of that portion as the Board may determine to the person’s medisave account in periodic instalments in such manner as the Board may determine, and pay the remainder of that portion to the person in periodic instalments in such manner as the Board may determine; or (C) if any of the circumstances specified in subsection (1B) applies — (CA) pay that portion to the person; (CB) pay such part of that portion as the Board may determine in accordance with sub-paragraph (A) or (B), and pay the remainder of that portion to the person; or (CC) transfer such part of that portion as the Board may determine to the person’s medisave account in periodic instalments in such manner as the Board may determine (if the memorandum so provides), and pay the remainder of that portion to the person. [Act 39 of 2021 wef 01/03/2022] [Act 36 of 2023 wef 01/07/2024] (1A) Subject to section 25(3) and such conditions as the Minister may impose, where the Board has been notified, in such manner as may be prescribed in any regulations made under section 77(1), of the death of a member of the Fund who has executed a memorandum in accordance with section 25(1), the Board may, without any application for the withdrawal of a sum of money standing to the credit of that member by a person nominated by that member by the memorandum — ( a ) if the memorandum provides for payment to the person in accordance with section 25(1)( a )(i), and the person is a citizen or permanent resident of Singapore, pay the person such portion of the amount payable on the member’s death out of the Fund as the person is nominated to receive; ( b ) if the memorandum provides for payment to the person in accordance with section 25(1)( a )(ii), and the person is a citizen or permanent resident of Singapore — (i) subject to sub-paragraph (ii), transfer to the person’s accounts in the Fund, in such manner as the member has specified in the memorandum, such portion of the amount payable on the member’s death out of the Fund as the person is nominated to receive; or (ii) if that portion exceeds such maximum amount as the Minister may determine for the purposes of section 25(1)( a )(ii)(B), transfer that maximum amount to the person’s accounts in the Fund in such manner as the member has specified in the memorandum, and pay the person the excess; or ( c ) if the memorandum provides for payment to the person in accordance with section 25(1)( a )(iii) (whether or not the member is a citizen or permanent resident of Singapore at the time of his or her death, and whether or not the certification under section 25(1C) issued in respect of the person remains in force), and the person is a citizen or permanent resident of Singapore — (i) subject to sub-paragraph (iii) and if the memorandum so provides, pay the person such portion of the amount payable on the member’s death out of the Fund as the person is nominated to receive in periodic instalments in such manner as the Board may determine; (ii) subject to sub-paragraph (iii) and if the memorandum so provides, transfer such part of that portion as the Board may determine to the person’s medisave account in periodic instalments in such manner as the Board may determine, and pay the remainder of that portion to the person in periodic instalments in such manner as the Board may determine; or (iii) if any of the circumstances specified in subsection (1B) applies — (A) pay that portion to the person; (B) pay such part of that portion as the Board may determine in accordance with sub‑paragraph (i) or (ii), and pay the remainder of that portion to the person; or (C) transfer such part of that portion as the Board may determine to the person’s medisave account in periodic instalments in such manner as the Board may determine (if the memorandum so provides), and pay the remainder of that portion to the person. (1B) For the purposes of subsections (1)( b )(iii)(C) and (1A)( c )(iii), the circumstances are as follows: ( a ) such portion of the amount payable on the member’s death out of the Fund as the person is nominated to receive does not exceed such amount as the Minister may determine under section 25(1)( a )(iii)(C); ( b ) the person has withdrawn, or the Board (on the person’s application) has given its authority under section 15(1) for the withdrawal of, the sum standing to the credit of the person in the Fund under section 15(2)( b ) or ( c ) as in force before 1 April 2024 or section 15(2)( b ) as in force on or after 1 April 2024; [Act 36 of 2023 wef 01/04/2024] ( c ) the person has applied to the Board to withdraw such portion of the amount payable on the member’s death out of the Fund as the person is nominated to receive, and the Board is satisfied that the person is not an applicable person for the purposes of section 15(2)( b ); [Act 36 of 2023 wef 01/04/2024] ( d ) the person has applied to the Minister charged with the responsibility for social services to withdraw such portion of the amount payable on the member’s death out of the Fund as the person is nominated to receive, and that Minister has granted the person’s application. (1C) The Minister charged with the responsibility for social services may in writing delegate to any person or group of persons appointed by that Minister all or any of the Minister’s functions and powers under subsection (1B)( d ). (1D) Where a member of the Fund has executed a memorandum under section 25(1) nominating any person to receive the person’s portion of the amount payable on the member’s death out of the Fund in accordance with section 25(1)( a )(iii), and the Board has been notified, in such manner as may be prescribed in any regulations made under section 77(1), of the death of the member, the Board may, in accordance with any regulations made under section 77(1) — ( a ) maintain for the member — (i) a nominee ordinary account; (ii) a nominee medisave account; (iii) a nominee special account, if the member had a special account at the time of his or her death; and [Act 33 of 2024 wef 19/01/2025] (iv) a nominee retirement account, if the member had a retirement account at the time of his or her death; ( b ) transfer the person’s portion of the amount payable on the member’s death out of the Fund from the member’s ordinary account, medisave account, special account (if any) and retirement account (if any) to the nominee accounts maintained for the member; and [Act 33 of 2024 wef 19/01/2025] ( c ) pay the person, or transfer to the person’s medisave account, any periodic instalment or the person’s portion of the amount payable on the member’s death out of the Fund, in accordance with the applicable sub-paragraph of subsection (1)( b )(iii) or (1A)( c ), from the person’s share of the amount standing to the credit of the member that is in the nominee accounts maintained for the member. (2) When any contributions are due to be paid for a member of the Fund in respect of any period ending not later than the last day of the month next following the date on which the withdrawal of the sum of money standing to the member’s credit in the Fund is authorised and the contributions are not paid to the Fund until after the date of authorisation, those contributions may in the discretion of the Board be treated as if they had been included in the amount standing to the credit of the member at the date of authorisation of withdrawal and dealt with in accordance with subsection (1) or (1A), as the case may be. (3) All applications for withdrawal must be supported by such evidence as the Board may prescribe and by such further evidence as the Board may reasonably require.


document_id: cpfa-1953
provision_ref: s21
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 21
title: Charge on immovable property to secure repayment of withdrawals from Fund
content:
21. —(1) Where in accordance with any regulations made under section 77(1), a member of the Fund has on or after 1 June 1981 withdrawn any money standing to the member’s credit in the Fund for all or any of the following purposes: ( a ) to make payment, either full or partial, towards the purchase or acquisition of an immovable property; ( b ) to repay or to make periodic payments towards the repayment of any loan taken by the member to finance or re‑finance the purchase or acquisition of an immovable property; ( c ) to repay any loan or to reimburse any cost, fee or other expense pursuant to regulations made under section 77(1)( i ); ( ca ) to pay — (i) any improvement contribution due to the Housing and Development Board in respect of upgrading works carried out under Part 4A of the Housing and Development Act 1959 or to a Town Council in respect of lift upgrading works carried out under Part 4A of the Town Councils Act 1988; (ii) any interest imposed by the Housing and Development Board or the Town Council (as the case may be) on the improvement contribution referred to in sub‑paragraph (i), where the improvement contribution is paid in instalments; and (iii) any costs, fees or other incidental expenses arising from such works; ( d ) to pay any costs, fees or other expenses incurred — (i) for the purchase or acquisition of an immovable property; (i a ) to change the manner of holding of an immovable property from a joint tenancy to a tenancy in common, or vice versa; (i b ) for the transfer of any part (but not the whole) of the member’s estate or interest in an immovable property to any other person; (ii) for obtaining a loan to finance or re‑finance any purchase or acquisition referred to in sub‑paragraph (i); and (iii) in connection with withdrawals of any money from the Fund, there is a charge on the member’s estate or interest in the immovable property, or the remainder thereof (if paragraph ( d )(i b ) applies), to secure the repayment of the money withdrawn from the Fund including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made. [23/2012; 6/2016] (1A) Where the immovable property is purchased, acquired or owned by the member as a co-purchaser, joint tenant or tenant‑in‑common (as the case may be) with one or more persons, the charge, with the prior written consent of all the co‑purchasers or co‑owners, extends to all their respective estates or interests in the immovable property. (2) A charge under subsection (1) extends to all the rights, benefits and interests of the member or the co‑purchasers or co‑owners (as the case may be) under his or her or their agreement for sale and purchase of the immovable property. (3) [ Deleted by Act 23 of 2012 ] (4) Upon lodgment by the Board with the Registrar of an instrument (which must be in such form as the Registrar may require) for the purpose of registering or notifying any charge under subsection (1) and the acceptance of the instrument by the Registrar, the Board has — ( a ) the power of sale and all other powers relating or incidental thereto as if the Board is a registered mortgagee; and ( b ) the power to sell, assign and dispose of all rights, benefits and interests under the agreement for the sale and purchase of the immovable property. (5) The Registrar need not be concerned to enquire into the regularity or validity of a charge under subsection (1), and must, on acceptance of the instrument to register or notify the charge, register or notify the charge in the appropriate register maintained by the Registrar under the Land Titles Act 1993, the Land Titles (Strata) Act 1967 or the Registration of Deeds Act 1988, as the case may be. (6) A charge under subsection (1) is subject to all statutory rights and charges of any public authority over the immovable property and, in the absence of any agreement giving priority to the Board, to all encumbrances registered or notified prior to the date of acceptance by the Registrar of the instrument to register or notify the charge. (7) [ Deleted by Act 23 of 2012 ] (8) Despite section 80 of the Land Titles Act 1993 and section 15 of the Registration of Deeds Act 1988 — ( a ) where further withdrawals from the Fund are authorised by the Board after the registration or notification of any mortgage or charge created in favour of the Board at any time after the acceptance by the Registrar of the instrument lodged under subsection (4) for the purpose of registering or notifying a charge under subsection (1), all such withdrawals rank in priority to any other claims as if the withdrawals were made at the date of the creation of the mortgage or charge in favour of the Board; and ( b ) where any further advances have been made by a prior mortgagee or chargee after the Board has given written notice of the charge under subsection (1) to the prior mortgagee or chargee or after the acceptance by the Registrar of the instrument to register or notify the charge under subsection (4), such further advances do not rank in priority to the Board’s charge under subsection (1). (9) Despite subsections (1) and (8), advances, interest and other moneys secured by a mortgage or charge on an immovable property may, with the agreement of the Board and subject to such conditions as the Board may impose, rank in priority or in pari passu to the Board’s charge under subsection (1) or any mortgage or charge created in favour of the Board. (10) A charge under subsection (1) on a member’s estate or interest in an immovable property continues in force until, and the member or any other person having an interest in the immovable property is entitled to have the charge cancelled in the event that, all moneys secured by the charge — ( a ) have been repaid to the Fund; or ( b ) are no longer required by any regulations made under section 77(1) to be repaid to the Fund. [23/2012] (10A) Without prejudice to subsection (10), where there is a charge under subsection (1) on a member’s estate or interest in an immovable property, and the Board is satisfied of the occurrence of any event prescribed in any regulations made under section 77(1) for the purposes of this subsection, the member or any other person having an interest in the immovable property may, with the approval of the Board, have the charge cancelled. [23/2012] (11) Subsections (4), (9), (10) and (10A) apply to all charges under subsection (1) securing the repayment of moneys withdrawn from the Fund pursuant to any regulations made under section 77(1). [23/2012] (12) In this section and sections 15AB, 21A and 21B — “public authority” means the Government, the Collector of Land Revenue, the Comptroller of Property Tax, and any other person, corporation or body, authorised or empowered by any written law to attach, sell or acquire land compulsorily; “Registrar” means — ( a ) the Registrar of Titles, a Deputy Registrar of Titles or an Assistant Registrar of Titles appointed under the Land Titles Act 1993; and ( b ) where the occasion requires, the Registrar of Deeds or a Deputy Registrar of Deeds appointed under the Registration of Deeds Act 1988. [Act 39 of 2021 wef 01/03/2022] (13) This section does not apply to any immovable property or class of immovable properties which the Minister may, by notification in the Gazette , specify.


document_id: cpfa-1953
provision_ref: s21A
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 21A
title:
Registration of charge on immovable property to secure repayment of withdrawals from Fund before 1 June 1981

content:
21A. —(1) Where in accordance with any regulations made under section 77(1), a member of the Fund has before 1 June 1981 withdrawn any money standing to the member’s credit in the Fund — ( a ) to make payment, either full or partial, towards the purchase or acquisition of an immovable property; ( b ) to repay or to make periodic payments towards the repayment of any loan taken by the member to finance or re‑finance the purchase or acquisition of an immovable property; or ( c ) to pay any costs, fees or other expenses incurred — (i) for the purchase or acquisition of an immovable property; (ii) for obtaining a loan to finance or re-finance such purchase or acquisition; and (iii) in connection with withdrawals of any money from the Fund, the Board may register or notify, in the appropriate register maintained by the Registrar under the Land Titles Act 1993, the Land Titles (Strata) Act 1967 or the Registration of Deeds Act 1988, a charge on the member’s estate or interest in the immovable property to secure the repayment of the money withdrawn from the Fund including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made. [23/2012] (1A) Where the immovable property is purchased, acquired or owned by the member as a co‑purchaser, joint tenant or tenant‑in‑common (as the case may be) with one or more persons, the charge, with the prior written consent of all the co‑purchasers or co‑owners, extends to all their respective estates or interests in the immovable property. (2) A charge under subsection (1) extends to all the rights, benefits and interests of the member or the co‑purchasers or co‑owners (as the case may be) under his or her or their agreement for sale and purchase of the immovable property. (3) Upon lodgment by the Board with the Registrar of an instrument (which must be in such form as the Registrar may require) for the purpose of registering or notifying any charge under subsection (1) and the acceptance of the instrument by the Registrar, the Board has — ( a ) the power of sale and all other powers relating or incidental thereto as if the Board is a registered mortgagee; and ( b ) the power to sell, assign and dispose of all rights, benefits and interests under the agreement for the sale and purchase of the immovable property. (4) The Registrar need not be concerned to enquire into the regularity or validity of a charge under subsection (1) and must, on acceptance of the instrument to register or notify the charge, register or notify the charge in the appropriate register maintained by the Registrar under the Land Titles Act 1993, the Land Titles (Strata) Act 1967 or the Registration of Deeds Act 1988, as the case may be. (5) A charge under subsection (1) is subject to all statutory rights and charges of any public authority over the immovable property and, in the absence of any agreement giving priority to the Board, to all encumbrances registered or notified prior to the date of acceptance by the Registrar of the instrument to register or notify the charge. (6) [ Deleted by Act 23 of 2012 ] (7) Despite section 80 of the Land Titles Act 1993 and section 15 of the Registration of Deeds Act 1988 — ( a ) where further withdrawals from the Fund are authorised by the Board after the registration or notification of any mortgage or charge created in favour of the Board at any time after the acceptance by the Registrar of the instrument lodged under subsection (3) for the purpose of registering or notifying a charge under subsection (1), all such withdrawals rank in priority to any other claims as if the withdrawals were made at the date of the creation of the mortgage or charge in favour of the Board; and ( b ) where any further advances have been made by a prior mortgagee or chargee after the Board has given written notice of the charge under subsection (1) to the prior mortgagee or chargee or after the acceptance by the Registrar of the instrument to register or notify the charge under subsection (3), such further advances do not rank in priority to the Board’s charge under subsection (1). (8) Despite subsections (1) and (7), advances, interest and other moneys secured by a mortgage or charge on an immovable property may, with the agreement of the Board and subject to such conditions as the Board may impose, rank in priority or in pari passu to the Board’s charge under subsection (1) or any mortgage or charge created in favour of the Board. (9) A charge under subsection (1) on a member’s estate or interest in an immovable property continues in force until, and the member or any other person having an interest in the immovable property is entitled to have the charge cancelled in the event that, all moneys secured by the charge — ( a ) have been repaid to the Fund; or ( b ) are no longer required by any regulations made under section 77(1) to be repaid to the Fund. [23/2012] (9A) Without prejudice to subsection (9), where there is a charge under subsection (1) on a member’s estate or interest in an immovable property, and the Board is satisfied of the occurrence of any event prescribed in any regulations made under section 77(1) for the purposes of this subsection, the member or any other person having an interest in the immovable property may, with the approval of the Board, have the charge cancelled. [23/2012] (10) Where costs, fees or other incidental expenses are incurred for the registration or notification of a charge under subsection (1) or section 21(4) or the discharge thereof, the Board may, subject to such terms and conditions as it may impose, authorise the whole or part of the amount standing to the member’s credit in the Fund to be withdrawn and used to pay such costs, fees and other incidental expenses. (11) This section does not apply to any immovable property or class of immovable properties which the Minister may, by notification in the Gazette , specify.


document_id: cpfa-1953
provision_ref: s21B
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 21B
title: Charge on HDB flats to secure repayment of withdrawals from Fund
content:
21B. —(1) Where in accordance with any regulations made under section 77(1), a member of the Fund had or has before, on or after 1 January 2003 withdrawn any money standing to the member’s credit in the Fund — ( a ) to make full or partial payment towards the purchase or acquisition of an HDB flat; ( b ) to repay or to make periodic payments towards the repayment of any loan taken by the member to finance or re‑finance the purchase or acquisition of an HDB flat; ( c ) to pay — (i) any improvement contribution due to the Housing and Development Board in respect of upgrading works carried out under Part 4A of the Housing and Development Act 1959 or to a Town Council in respect of lift upgrading works carried out under Part 4A of the Town Councils Act 1988; (ii) any interest imposed by the Housing and Development Board or the Town Council (as the case may be) on the improvement contribution referred to in sub‑paragraph (i), where the improvement contribution is paid in instalments; and (iii) any costs, fees or other incidental expenses arising from such works; or ( d ) to pay any costs, fees or other expenses incurred — (i) for the purchase or acquisition of an HDB flat; (i a ) to change the manner of holding of an HDB flat from a joint tenancy to a tenancy in common, or vice versa; (i b ) for the transfer of any part (but not the whole) of the member’s estate or interest in an HDB flat to any other person; (ii) for obtaining a loan to finance or re‑finance any purchase or acquisition referred to in sub‑paragraph (i); and (iii) in connection with withdrawals of any money from the Fund, a charge is constituted, immediately upon any such withdrawal, on that HDB flat to secure the repayment of the money withdrawn from the Fund including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made. [23/2012; 6/2016] (2) Upon the constitution of the charge on an HDB flat under subsection (1), the Board has the power of sale and all other powers relating or incidental thereto to sell and effectually transfer the title to the HDB flat to any purchaser as if the Board were a registered mortgagee even though the charge is not registered under the Land Titles Act 1993. (3) Any charge constituted on an HDB flat under subsection (1) is — ( a ) subject to all statutory rights and charges of any public authority over the HDB flat; ( aa ) subject to any subsidy recovery amount in respect of the HDB flat; [Act 33 of 2024 wef 01/01/2026] ( b ) subject to any resale levy imposed by the Housing and Development Board in respect of the HDB flat except where the person on whom the resale levy is imposed has obtained a loan, whether redeemed or not, from any person other than the Housing and Development Board to finance the purchase or acquisition of the HDB flat; ( c ) subject to, in the absence of any agreement giving priority to the Board, all encumbrances registered or notified prior to the date of the constitution of the charge; and ( d ) subject to, rank in priority to, or rank equally without preference with, such other encumbrances as may be specified in regulations made under section 77(1). (4) [ Deleted by Act 23 of 2012 ] (5) If — ( a ) moneys secured by any charge constituted on an HDB flat under subsection (1) become due and payable to the Board under any regulations made under section 77(1); and ( b ) such moneys or any part thereof is not paid on the expiry of the period of 60 days from the date they become due and payable, the Board may, with the prior written approval of the Housing and Development Board, by notice of sale (to be served or published in the manner to be specified in regulations made under section 77(1)) declare its intention of selling the HDB flat. (6) If, on the expiry of the period of 90 days from the date of the notice of sale, the moneys secured by the charge or any part thereof has not been paid to the Board, the Board may sell the HDB flat. (7) Where the Board has sold any HDB flat under subsection (6), neither the purchaser of the HDB flat nor the Registrar need be concerned to inquire into the regularity or validity of the sale or transfer. (8) For the purpose of registration of a transfer of any HDB flat sold under subsection (6), the Registrar may dispense with the production of the duplicate lease of the HDB flat or the duplicate subsidiary certificate of title in respect of the HDB flat, as the case may be. (9) The moneys received by the Board in exercise of its power of sale under subsection (6) are to be held by the Board in trust to be applied to the following payments in the following order of priority: ( a ) to discharge all statutory rights and charges of any public authority over the HDB flat; [Act 33 of 2024 wef 01/01/2026] ( aa ) to pay any subsidy recovery amount in respect of the HDB flat; [Act 33 of 2024 wef 01/01/2026] ( b ) to pay any resale levy imposed by the Housing and Development Board in respect of the HDB flat, subject to the exception mentioned in subsection (3)( b ); [Act 33 of 2024 wef 01/01/2026] ( c ) in the absence of any agreement giving priority to the Board, to discharge all encumbrances registered or notified prior to the date of the constitution of the charge; [Act 33 of 2024 wef 01/01/2026] ( d ) in payment of all costs and expenses properly incurred by the Board as incident to the sale or attempted sale, or otherwise; [Act 33 of 2024 wef 01/01/2026] ( e ) in payment to the Board of all moneys secured by the charge and in payment to any other party of all moneys to discharge any encumbrance specified in regulations made under section 77(1) for the purpose of subsection (3)( d ), in the order of priority specified in the regulations; [Act 33 of 2024 wef 01/01/2026] ( f ) in payment of moneys in the order of priority specified in regulations made under section 77(1). [Act 33 of 2024 wef 01/01/2026] (10) Despite section 80 of the Land Titles Act 1993, where further withdrawals from the Fund are authorised by the Board when a charge constituted on an HDB flat under subsection (1) is subsisting, all such withdrawals rank in priority to any other claims over the HDB flat as if the withdrawals were made at the date of the constitution of that charge. (11) Any charge constituted under subsection (1) continues in force until all moneys secured by the charge — ( a ) have been repaid to the Fund; or ( b ) are no longer required by any regulations made under section 77(1) to be repaid to the Fund. [23/2012] (11A) Without prejudice to subsection (11), where there is a charge constituted under subsection (1) on an HDB flat in respect of which a member has withdrawn any money standing to the member’s credit in the Fund for any purpose referred to in subsection (1), and the Board is satisfied of the occurrence of any event prescribed in any regulations made under section 77(1) for the purposes of this subsection, the charge, on the application of the member or any other person having an interest in the HDB flat, ceases to be in force if the Board approves the application. [23/2012] (11B) In this section, “subsidy recovery amount” means an amount that the Housing and Development Board is entitled to recover upon the disposal of an HDB flat priced with additional subsidies which are specified for the purposes of this subsection by regulations made under section 77(1). [Act 33 of 2024 wef 01/01/2026] (12) This section does not apply to — ( a ) any HDB flat in respect of which a charge in favour of the Board has been registered or notified in the appropriate register maintained by the Registrar under the Land Titles Act 1993; ( b ) any HDB flat designated by the Housing and Development Board as an HUDC Phase III or IV flat; or ( c ) any HDB flat or class of HDB flats which the Minister may, by notification in the Gazette , specify. (13) Sections 21 and 21A do not apply to any HDB flat to which this section applies. (14) In this section, a reference to the disposal of an HDB flat includes the sale, transfer, assignment or other disposal of any interest or estate in the HDB flat, whether voluntary or otherwise. [Act 33 of 2024 wef 01/01/2026]


document_id: cpfa-1953
provision_ref: s22
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 22
title: Withdrawals for payment of tuition fees at approved educational institution
content:
22. —(1) The Board may, subject to such terms and conditions as it may impose, permit a member of the Fund to withdraw such portion of the sum standing to the member’s credit in the Fund as may be prescribed for the payment of tuition fees payable by that member, his or her child or such other relative as may be approved by the Board, for a course of study conducted, or to be conducted, in whole or in part at an approved educational institution, including any such course of study leading to a qualification conferred by another educational institution. (2) Every application for withdrawal under subsection (1) must be made to the Board in such form as may be approved by the Board. (3) Where any member wishes to make any withdrawal under subsection (1) for himself or herself, his or her child or his or her relative, that member, child or relative must — ( a ) give an undertaking to the Board; and ( b ) if required by the Board, furnish a guarantee by any person acceptable to the Board, for — ( c ) the repayment to that member’s account in the Fund (in such manner and within such time as the Minister may prescribe) of all sums withdrawn under that subsection, together with the whole or such part, as the Board may determine, of the interest that would have been payable thereon; and ( d ) the payment into the Fund of the whole or such part, as the Board may determine, of any reasonable expenses incurred by the Board in recovering any sum or interest referred to in paragraph ( c ). [24/2013] (4) An undertaking given to the Board by any person under subsection (3) is enforceable even though the person was a minor at the time the undertaking was given. (4A) Any person who gives or has given an undertaking under subsection (3) to the Board in relation to any withdrawal under subsection (1) for payment to an approved educational institution may, if that person has attained 16 years of age, consent — ( a ) to the approved educational institution disclosing to the Board such information, evidence or document about that person as the Board may reasonably require for the purpose of carrying out the provisions of this section or regulations made under section 23; and ( b ) to the Board disclosing to any other person such information, evidence or document relating to that person as may be necessary or expedient — (i) for the purpose of carrying out the provisions of this section or regulations made under section 23; or (ii) to facilitate the enforcement of an undertaking given, or a payment or repayment required, under this section. [6/2016] (4B) Subsection (4C) applies where — ( a ) a member’s child or relative has given an undertaking under subsection (3) for the repayment of an amount to the member’s account in the Fund or payment of an amount to the Fund; and ( b ) the Board is satisfied that the member is an applicable person and that the member’s child or relative is not an applicable person. [Act 36 of 2023 wef 01/04/2024] (4C) Subject to subsection (4D), if — ( a ) the member’s child or relative (as the case may be) withdraws the sum standing to his or her credit in the Fund under section 15(2)( b ); or ( b ) any moneys are to be transferred from an account in the Fund of the member’s child or relative (as the case may be) to the general moneys of the Fund under section 13(7B), the Board may recover from the sum to be withdrawn or transferred (as the case may be) the whole or part of the amount repayable or payable pursuant to the undertaking given by the child or relative. [Act 36 of 2023 wef 01/04/2024] (4D) An undertaking given, or a guarantee furnished, under subsection (3) for the repayment of an amount to the member’s account in the Fund or payment of an amount to the Fund is deemed to lapse when the Board is satisfied that the member has ceased to be an applicable person. [Act 36 of 2023 wef 01/04/2024] (5) Despite anything in this Act but subject to subsection (4D), any amount repayable to a member’s account in the Fund, or payable to the Fund, pursuant to an undertaking given, or a guarantee furnished, under subsection (3) that is not repaid or paid (as the case may be) may be sued for and recovered by the Board under section 65. [24/2013] [Act 36 of 2023 wef 01/04/2024] (5A) The Board may refuse to permit a withdrawal under subsection (1) for a payment to an approved educational institution, if the approved educational institution fails to — ( a ) provide such information, evidence and documents relevant to the payment as the Board may reasonably require from the approved educational institution; or ( b ) comply with such administrative or operational requirements as the Board may reasonably impose under an arrangement between the Board and the approved educational institution. (5B) Without prejudice to subsections (3), (4) and (5), where any sum standing to the credit of a member in the Fund has been withdrawn and paid to an approved educational institution in error — ( a ) the approved educational institution must repay to the Board, to the account of the member in the Fund, that sum, together with the whole or such part, as the Board may determine, of the interest that would have been payable thereon; ( b ) the approved educational institution must, if it caused or contributed to the error — (i) reimburse the Board for all reasonable expenses incurred by the Board in rectifying the error; and (ii) indemnify the Board against any liability (whether to the member or to any other person) incurred by the Board in connection with the withdrawal or payment; ( c ) any sum not repaid to the Board under paragraph ( a ) may be sued for and recovered by the Board under section 65; and ( d ) any sum not paid to the Board under paragraph ( b ) may be sued for and recovered by the Board as a debt due to the Board. (6) In this section — “approved educational institution” means any educational institution in Singapore approved by the Minister for the purposes of subsection (1); “course of study” means any course of study which is of a type prescribed by the Minister for the purposes of subsection (1); “relative” means a person who is related to a member and who is dependent on that member for his or her care and maintenance; “tuition fees” includes any administrative fees imposed by the Board in respect of any withdrawals made by a member under this section.


document_id: cpfa-1953
provision_ref: s23
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 23
title: Regulations for purposes of section 22
content:
23. The Minister may make such regulations as are necessary or expedient for the purpose of carrying out the provisions of section 22 and, in particular, such regulations may — ( a ) prescribe the amount and the manner in which withdrawals may be made by members; ( b ) provide for the manner and time for the repayment of such withdrawals by members and other persons who have utilised the withdrawals; ( c ) provide for such information, evidence and documents that the Board may require from members of the Fund and other persons who have utilised such withdrawals; and ( d ) prescribe anything which may be prescribed by the Minister under section 22.


document_id: cpfa-1953
provision_ref: s24
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 24
title: Protection of benefits
content:
24. —(1) Subsection (2) applies to all of the following things: ( a ) any contributions to the Fund, interest thereon and other moneys standing to the credit of a member in the Fund; ( b ) any withdrawals made from the Fund under this Act, and any rights of any member acquired thereunder; ( c ) any moneys repayable to the Fund by any member which are secured by — (i) a charge on the member’s estate or interest in an immovable property under section 21(1), 21A(1), 27C(1)( i )(i) or 27E(1)( h ); (ii) a charge constituted on an HDB flat under section 21B(1) or 27F(1)( h ); or (iii) a charge created or constituted on an immovable property under section 15AB(1), (2), (10), (11) or (13), 27C(1)( i )(ii), 27D(1)( j )(ii), 27DA(1)( i ) or 27DB(2)( e ); [Act 39 of 2021 wef 01/03/2022] ( d ) any moneys repayable to the Fund pursuant to an undertaking given under section 15AB(3) or (4) or 27D(1)( j )(i); [Act 39 of 2021 wef 01/03/2022] ( e ) any moneys referred to in section 15(6C)( a ) or 15B(2) which is deposited by a member with an approved bank and any interest on those moneys, and any withdrawals from the moneys and interest; ( f ) any payments from an approved annuity referred to in section 15(6C)( b ) or 15B(2); ( g ) every investment made by a member under any scheme in accordance with any regulations made under section 77(1)( n ) the proceeds or benefits (or any part thereof) of which the member is obliged to repay into the Fund, and any proceeds or benefits of such an investment which the member is obliged to repay into the Fund. [24/2013; 6/2016; 37/2019] (2) Despite any written or other law but subject to sections 14, 14A, 22, 24A, 27, 27B, 27C, 27D, 27DA, 27DB, 27E, 27F, 27G, 27H, 27N and 57C and any regulations made under section 27Q, 57F or 77(1), the things set out in subsection (1)( a ) to ( g ) — ( a ) are not assignable, transferable, attached, sequestered or levied upon for or in respect of any debt or claim; ( b ) are not subject to any set-off of any nature for any debt owing by the member; and ( c ) if the member is adjudicated a bankrupt by a court — (i) do not pass to the Official Assignee on the bankruptcy of the member; and (ii) are deemed not to form part of the property of the member. [24/2013; 37/2019] [Act 36 of 2023 wef 01/04/2024] (2A) Section 73 of the Conveyancing and Law of Property Act 1886 and section 132 of the Insurance Act 1966 do not apply to — ( a ) any policy of insurance which is an investment made by a member of the Fund under any scheme in accordance with any regulations made under section 77(1)( n ) the proceeds or benefits (or any part thereof) of which the member is obliged to repay into the Fund; and ( b ) any proceeds or benefits of such a policy of insurance which the member is obliged to repay into the Fund. (3) [ Deleted by Act 24 of 2013 ] (3A) Subject to subsection (3B), sections 16A, 25A(3), 27N, 57C and 75 and any regulations made under section 27Q or 57F, all moneys paid out of the Fund on or after the death of any member of the Fund are deemed to be impressed with a trust in favour of — ( a ) the person or persons nominated under section 25(1) by the deceased member, if any; or ( b ) the person or persons who are entitled to the whole or a share of the moneys payable to the Public Trustee under section 25A(1), but, without affecting the operation of the Estate Duty Act 1929, are deemed not to form part of the deceased member’s estate or to be subject to his or her debts. [Act 39 of 2021 wef 18/06/2022] [Act 36 of 2023 wef 01/07/2024] (3B) Where any money is payable to the spouse or former spouse of a member of the Fund under section 27B(1), (2) or (3) on or after the death of the member, subsection (3A) does not apply to that money. [Act 36 of 2023 wef 01/07/2024] (4) [ Deleted by Act 24 of 2013 ] (5) [ Deleted by Act 24 of 2013 ] (6) The bankruptcy of an employee does not affect the payment of contributions from the wages of the employee in accordance with the provisions of this Act, but that payment must continue to be made despite the provisions of any written law and the portion of wages so paid is deemed not to form part of the employee’s after‑acquired property. (7) The bankruptcy of a platform worker does not affect the payment of contributions from the platform remuneration of the platform worker in accordance with the provisions of this Act, but the payment must continue to be made despite the provisions of any written law and the portion of platform remuneration so paid is deemed not to form part of the platform worker’s after-acquired property. [Act 30 of 2024 wef 15/12/2024]


document_id: cpfa-1953
provision_ref: s24A
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 24A
title: Exceptions to section 24(2) relating to certain provisions in or under other written law
content:
24A. —(1) Section 24(2) does not prevent the Board from doing, in relation to any thing set out in section 24(1), any thing required or allowed by the following provisions: ( a ) section 79 of the Goods and Services Tax Act 1993, section 57 of the Income Tax Act 1947, section 38 of the Property Tax Act 1960 or section 70 of the Stamp Duties Act 1929; ( b ) any provision of other written law specified in regulations made under section 77(1) for the purposes of this paragraph, being a provision that allows or requires the Board to make any payment on behalf of a member. [37/2019] (2) Any payment made by the Board under any provision mentioned in subsection (1)( a ), before 1 January 2020, which would be valid if made on or after that date is taken to be and always to have been validly made; and no legal proceedings lie or may be instituted or maintained, in any court of law on account of or in respect of such payment. [37/2019]


document_id: cpfa-1953
provision_ref: s25
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 25
title: Payment on death of member to nominated person
content:
25. —(1) Subject to such conditions as the Board may prescribe, any member of the Fund (being an applicable person) who is at least 16 years of age may, by a memorandum executed in such manner as the Board may prescribe, nominate any person to receive in his or her own right — ( a ) such portion of the amount payable on the member’s death out of the Fund as the memorandum indicates — (i) by the payment of that portion to that person; (ii) if, at the time the Board is satisfied that the memorandum is duly executed, that person is a citizen or permanent resident of Singapore — (A) subject to sub-paragraph (B), by the transfer of that portion to that person’s accounts in the Fund in such manner as the member may specify in the memorandum; or (B) if that portion exceeds such maximum amount as the Minister may determine, by the transfer of that maximum amount to that person’s accounts in the Fund in such manner as the member may specify in the memorandum, and by the payment of the excess to that person; or (iii) if, at the time the Board is satisfied that the memorandum is duly executed, the member and that person are citizens or permanent residents of Singapore, and a certification under subsection (1C) has been issued in respect of that person and remains in force — (A) subject to sub-paragraph (C), by the payment of that portion to that person in periodic instalments in such manner as the Board may determine; (B) subject to sub-paragraph (C), by the transfer of such part of that portion as the Board may determine to that person’s medisave account in periodic instalments in such manner as the Board may determine, and by the payment of the remainder of that portion to that person in periodic instalments in such manner as the Board may determine; or (C) if that portion does not exceed such amount as the Minister may determine — (CA) by the payment of that portion to that person; (CB) by the payment of such part of that portion as the Board may determine in accordance with sub‑paragraph (A) or (B), and by the payment of the remainder of that portion to that person; or (CC) by the transfer of such part of that portion as the Board may determine to that person’s medisave account in periodic instalments in such manner as the Board may determine, and by the payment of the remainder of that portion to that person; or ( b ) such portion of any designated shares as the memorandum indicates. [23/2012] [Act 39 of 2021 wef 01/04/2022] [Act 36 of 2023 wef 01/04/2024] (1A) To avoid doubt, a member of the Fund (being an applicable person) may nominate one or more persons by a memorandum under subsection (1). [Act 36 of 2023 wef 01/04/2024] (1B) The Minister may, for different classes of persons nominated under subsection (1), determine — ( a ) different maximum amounts for the purposes of subsection (1)( a )(ii)(B); and ( b ) different amounts for the purposes of subsection (1)( a )(iii)(C). (1C) The Minister charged with the responsibility for social services may, on an application by a member who wishes to execute a memorandum under subsection (1) nominating a person to receive the person’s portion of the amount payable on the member’s death out of the Fund in accordance with subsection (1)( a )(iii), issue a written certification stating that the person is eligible to receive that portion in that manner, if — ( a ) the person and the member are related — (i) in such manner as may be prescribed by any regulations made under section 77(1); or (ii) in such other manner as that Minister may determine; and ( b ) the person satisfies such other requirements as that Minister may impose. (1D) The Minister charged with the responsibility for social services may, in any particular case, waive any requirement imposed under subsection (1C)( b ). (1E) If the Minister charged with the responsibility for social services decides not to issue a certification under subsection (1C), any member or person referred to in that subsection who is aggrieved by that decision may, within such period as may be prescribed in any regulations made under section 77(1), apply to that Minister to reconsider the matter. (1F) The Minister charged with the responsibility for social services may determine an application under subsection (1E) — ( a ) by issuing a certification under subsection (1C); or ( b ) by confirming the earlier decision not to issue that certification. (1G) Any decision of the Minister charged with the responsibility for social services under subsection (1F) is final. (1H) The Minister charged with the responsibility for social services may — ( a ) in writing delegate to any person or group of persons appointed by that Minister all or any of the Minister’s functions and powers under subsections (1C) to (1F); and ( b ) under paragraph ( a ), delegate different functions and powers to different persons or groups of persons. (1I) Despite subsection (1), where any member of the Fund, by a memorandum executed before 1 February 2012 in the prescribed manner but while the member was below 21 years of age, purportedly nominated any person to receive in his or her own right any portion of the amount payable on the member’s death out of the Fund, or any portion of any designated shares — ( a ) the memorandum is deemed to be and always to have been validly executed; ( b ) the nomination is deemed to be and always to have been validly made; and ( c ) no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of the memorandum or nomination. [23/2012] [Act 39 of 2021 wef 01/04/2022] (2) [ Deleted by Act 39 of 2021 wef 18/06/2022 ] (2A) [ Deleted by Act 39 of 2021 wef 18/06/2022 ] (3) Despite sections 15(5) and 20(1) and (1A), any portion of the amount payable on a member’s death out of the Fund which a person nominated under subsection (1) would have received by payment to that person must be paid to the Public Trustee for the benefit of that person — ( a ) in any case where that person is nominated to receive that portion in accordance with subsection (1)( a )(i) or (ii), if that person (not being a widow of the deceased member) is below 18 years of age at the time of payment of that portion; or ( b ) in any case where that person is nominated to receive that portion in accordance with subsection (1)( a )(iii), if — (i) that person (not being a widow of the deceased member) is below 18 years of age at the time of payment of that portion; and (ii) that portion does not exceed such amount as the Minister may determine under subsection (1)( a )(iii)(C). (4) The receipt of a person nominated under subsection (1) or of the Public Trustee is a discharge to the Board for the portion of the amount payable out of the Fund on the death of a member which is paid to the person or transferred to the person’s accounts in the Fund or which is paid to the Public Trustee under subsection (3), as the case may be. [Act 39 of 2021 wef 18/06/2022] (4A) If the Board has been notified that a person nominated by a member in accordance with subsection (1) has died at the time of payment of the amount payable out of the Fund on the death of the member, and the portion of that amount which the nominated person would have received by payment to the nominated person does not exceed such amount as the Minister may specify — ( a ) the Board may pay to a proper claimant the whole or any part, as the Board may determine, of the portion of that amount which the nominated person would have received by payment to the nominated person; and ( b ) the receipt of the proper claimant is a discharge to the Board for the amount paid to the proper claimant under paragraph ( a ). [Act 39 of 2021 wef 01/04/2022] [Act 36 of 2023 wef 01/07/2024] (4B) Subsection (4A) does not affect any recourse which any person may have against a proper claimant for an amount paid to the proper claimant under subsection (4A)( a ). (5) Any nomination made by a member of the Fund under subsection (1) is revoked — ( a ) by his or her marriage, whether the marriage was contracted before, on or after 15 May 1980; or ( b ) in such other circumstances, and in such manner, as the Board may prescribe. (6) Despite subsection (5), where a nomination made by a member under subsection (1) is revoked by his or her marriage, and the Board, without notice of the marriage, purports to pay or transfer any amount payable out of the Fund on the death of the member in accordance with the revoked nomination and this section — ( a ) the Board is nevertheless discharged from all liability in respect of the payment or transfer; but ( b ) this subsection does not affect any recourse which any person may have against the recipient of the payment or transfer. [Act 39 of 2021 wef 01/01/2022] (6AA) The Board has notice of a marriage for the purposes of subsection (6) — ( a ) where notice of the marriage is given in the form and manner specified by the Board on a publicly accessible website designated by regulations made under section 77(1) — only after the expiry of the notice period so specified by the Board; or ( b ) where the notice is given in any other manner — only if and when the Board approves the notice for the purposes of subsection (6). [Act 39 of 2021 wef 01/01/2022] (6A) [ Deleted by Act 36 of 2023 wef 01/02/2024 ] (7) In this section — “child” means a legitimate child and includes any child adopted by virtue of an order of court under any written law for the time being in force in Singapore, Malaysia or Brunei Darussalam; “parent” includes an adoptive parent; “proper claimant” means a person who — ( a ) claims to be entitled to a deceased nominated person’s portion of the amount payable out of the Fund on the death of a member as executor of the deceased nominated person; or ( b ) claims to be entitled to a deceased nominated person’s portion of the amount payable out of the Fund on the death of a member (whether for his or her own benefit or not), and is the widower, widow, child, grandchild, parent, brother, sister, nephew, niece, grandparent, uncle or aunt of the deceased nominated person. [Act 39 of 2021 wef 18/06/2022]


document_id: cpfa-1953
provision_ref: s25A
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 25A
title: Payment on death of member if no nominated person
content:
25A. —(1) Where, at the time of a member’s death before, on or after the effective date, no person has been nominated by the member under section 25(1), the Board must pay all the moneys payable on the member’s death out of the Fund to the Public Trustee for disposal in accordance with — ( a ) the Intestate Succession Act 1967, if the member is not a Muslim at the time of his or her death; or ( b ) section 112 of the Administration of Muslim Law Act 1966, if the member is a Muslim at the time of his or her death. (2) The receipt of the Public Trustee is a discharge to the Board for the portion of the amount payable out of the Fund on the death of a member which is paid to the Public Trustee under subsection (1) or section 25(2) as in force immediately before the effective date, as the case may be. (3) Despite subsection (1) and section 24(3A), where any beneficiary of a deceased member has incurred any reasonable funeral expenses in respect of the deceased member, the Public Trustee — ( a ) may pay to that beneficiary, from the deceased member’s relevant moneys, an amount that the Public Trustee determines to be reasonable to defray those funeral expenses; and ( b ) must pay the remainder of the deceased member’s relevant moneys in accordance with paragraph (a) or (b) of subsection (1). (4) Subject to subsections (3)( a ) and (5), instead of paying the deceased member’s relevant moneys to the beneficiaries of the deceased member directly in accordance with subsection (1)( a ) or ( b ) or (3)( b ) (as the case may be), the Public Trustee may pay the whole or part of those moneys to a beneficiary representative, on such terms and conditions as the Public Trustee may impose, for disposal to the beneficiaries in accordance with paragraph ( a ) or ( b ) of subsection (1). (5) Subsection (4) does not apply if the deceased member’s relevant moneys exceed the specified limit at the relevant time, unless the Public Trustee is satisfied that the amount in excess of the specified limit is immaterial. (6) The receipt of a beneficiary representative of an amount of moneys payable to the beneficiaries under subsection (1) or (3)( b ) (as the case may be) is a discharge to the Public Trustee for that amount. (7) Subsection (6) does not affect any recourse which any person may have against the beneficiary representative for any amount paid to the beneficiary representative under subsection (4). (8) To avoid doubt, a beneficiary representative must not, in respect of the disposal of any amount paid to the beneficiary representative under subsection (4) — ( a ) act in the capacity of an executor of any will of the deceased member or an administrator of the estate of the deceased member; or ( b ) set off the moneys paid to him or her under subsection (4) against the debts of the estate of the deceased member. (9) In this section — “beneficiary”, in relation to a deceased member, means any person who is entitled to the whole or a share of the moneys payable on the member’s death in accordance with paragraph ( a ) or ( b ) of subsection (1); “beneficiary representative”, in relation to a deceased member, means a beneficiary of the deceased member — ( a ) who has applied, in the manner required by the Public Trustee, to be paid the whole or part of the deceased member’s relevant moneys for the purposes of subsection (4); and ( b ) whose application mentioned in paragraph ( a ) has been approved by the Public Trustee; “deceased member’s relevant moneys” means moneys payable on the member’s death out of the Fund that are paid to the Public Trustee under subsection (1) or section 25(2) as in force immediately before the effective date; “effective date” means the date of commencement of section 50 of the Central Provident Fund (Amendment) Act 2021; “relevant time”, in relation to a deceased member’s relevant moneys, means the time of the Public Trustee’s receipt of the latest payment of the deceased member’s relevant moneys under subsection (1) or section 25(2) as in force immediately before the effective date; “specified limit” means the amount specified by the Minister charged with the responsibility for the Public Trustee Office for the purposes of subsection (5). [Act 39 of 2021 wef 18/06/2022]


document_id: cpfa-1953
provision_ref: s26
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 26
title: Distribution and disposal of designated shares by Board in certain circumstances
content:
26. —(1) Subject to regulations made under section 77(1), the designated shares of a designated shareholder vest in the Board in the following circumstances and at the times prescribed by regulations made under section 77(1): ( a ) the Board is notified that the designated shareholder has died; [Act 36 of 2023 wef 01/04/2024] ( aa ) on or after 1 May 2024, where — (i) the Board is satisfied that the member is not an applicable person; and (ii) the member has not instructed the Board to transfer the designated shares to the member’s securities account or to sell the designated shares; [Act 36 of 2023 wef 01/04/2024] ( b ) any other circumstances prescribed by regulations made under section 77(1). [Act 36 of 2023 wef 01/04/2024] (2) Where the Board is notified that a designated shareholder has died and the designated shareholder died before 1 January 1996 or did not execute a memorandum under section 25(1), the Board must transfer the designated shareholder’s designated shares to — ( a ) the securities account (if any) belonging to and in the sole name of the deceased designated shareholder; or ( b ) if the deceased designated shareholder does not have any securities account in his or her sole name, the securities account opened and operated by the personal representatives of the deceased designated shareholder on behalf and for the benefit of the estate of the deceased designated shareholder, if any. (3) The following is a discharge to the Board in respect of a designated shareholder’s vested shares: ( a ) the transfer of the vested shares under subsection (2)( a ); ( b ) the transfer of the vested shares under subsection (2)( b ), and the receipt of the personal representatives of the deceased designated shareholder in respect of those shares. (4) Where subsection (2) does not apply in respect of a deceased designated shareholder, the following persons may instruct the Board, in the manner required by the Board, as follows: ( a ) a relevant person in respect of the deceased designated shareholder — to sell the deceased designated shareholder’s vested shares; ( b ) the deceased designated shareholder’s nominee — to transfer the deceased designated shareholder’s vested shares to the nominee’s securities account; ( c ) if the deceased designated shareholder’s nominee has died on or after the designated shareholder’s death, that nominee’s personal representatives — to transfer the deceased designated shareholder’s vested shares to a securities account opened and operated by the nominee’s personal representatives on behalf and for the benefit of the estate of that nominee. (5) Subject to subsection (6), the Board must transfer or sell the vested shares according to the instructions given under subsection (4). (6) Subject to regulations made under section 77(1), the Board may sell a designated shareholder’s vested shares and credit the designated shares payments in accordance with subsection (7) if — ( a ) the Board has not, within the prescribed time, received any instructions under subsection (4) in respect of the vested shares; [Act 36 of 2023 wef 01/04/2024] ( aa ) the designated shares are vested in the Board under subsection (1)( aa ); or [Act 36 of 2023 wef 01/04/2024] ( b ) there exist such other circumstances as may be prescribed by such regulations. (7) Subject to regulations made under section 77(1) — ( a ) if the Board is notified that the designated shareholder has died — the Board may credit the deceased designated shareholder’s designated shares payments into the general moneys of the Fund to the credit of the deceased designated shareholder or into one or more accounts of the relevant person in relation to the deceased designated shareholder; ( b ) if the designated shareholder’s account in the Fund has been deemed dormant under section 2(1B) — the Board may credit the designated shareholder’s designated shares payments into the general moneys of the Fund to the credit of the designated shareholder; and ( c ) in any other case — the Board must credit a designated shareholder’s designated shares payments into one or more accounts of the designated shareholder. (8) Subsection (9) applies where — ( a ) the Board is notified that the designated shareholder has died and the designated shareholder has executed a memorandum under section 25(1) that provides for payment to a nominee in accordance with section 25(1)( a )(iii); or ( b ) a designated shareholder’s designated shares payments have been credited to the general moneys of the Fund under subsection (7)( b ) and the Board is satisfied that the designated shareholder is still alive. (9) Where the Board has credited any designated shares payments into the general moneys of the Fund under subsection (7)( a ) or ( b ), or section 26, 26A, 26B or 26D as in force immediately before 1 April 2022, the Board must, in the circumstances set out in subsection (8), transfer or pay (as the case may be) the following amounts to a nominee account or such other account of the designated shareholder in the Fund as may be prescribed: ( a ) the designated shares payments; ( b ) the whole or such part of the interest, as the Board may determine, that would have been payable if the designated shares payments had not been credited into the general moneys of the Fund. [Act 36 of 2023 wef 01/04/2024] (10) The whole or any part of any fee or charge in connection with — ( a ) the transfer of vested shares mentioned in subsection (2)( a ) or ( b ) or (4)( c ) — may be recovered by the Board from the relevant person mentioned in those subsections; ( b ) the transfer of vested shares to the nominee mentioned in subsection (4)( b ) — may be deducted by the Board from any amount payable to the nominee from the member’s account in the Fund; or ( c ) the sale of any vested shares — may be deducted by the Board from the proceeds of the sale of those vested shares. (11) The Board is discharged — ( a ) in respect of vested shares transferred by the Board according to instructions under subsection (4)( b ) or ( c ) — by that transfer, and the receipt of the relevant persons mentioned in those subsections for those vested shares; and ( b ) in respect of any designated shares payment where the account of the designated shareholder has been deemed dormant under section 2(1B) — by the transfer of the designated shares payment to an account in the Fund of the designated shareholder under subsection (9). (12) Where any document or information is necessary for the Board to effect the transfer of vested shares under subsection (2) or (4), the Board may by notice to any person who possesses the document or information, require that person to provide the document or information to the Board within a reasonable time specified in the notice. (13) This section applies despite any other written law or rule of law, except regulations made for the purposes of this section under section 77(1) or as expressly provided to the contrary in this section. (14) In this section — [ Deleted by Act 36 of 2023 wef 01/04/2024 ] “nominee”, in relation to a deceased designated shareholder, is a person who is entitled to receive the designated shareholder’s vested shares under a memorandum executed under section 25(1); “prescribed time” means the time prescribed under section 77(1), which may differ in relation to different classes of designated shareholders or relevant persons, as the case may be; “relevant person”, in relation to a designated shareholder who has died before, on or after 1 April 2022, means — ( a ) a nominee of the deceased designated shareholder; ( b ) where the nominee of a deceased designated shareholder has died on or after the designated shareholder’s death — the nominee’s personal representatives; or ( c ) where the deceased designated shareholder died before 1 January 1996 or did not execute a memorandum under section 25(1) — the designated shareholder’s personal representatives. [Act 39 of 2021 wef 01/04/2022]


document_id: cpfa-1953
provision_ref: s26A
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 26A
title: Transfer or payment of deceased designated shareholder’s moneys
content:
26A. —(1) Where the Board is notified that a designated shareholder has died on or after 1 January 1996 and the designated shareholder has executed a memorandum under section 25(1), the Board must transfer or pay (as the case may be) the following amounts (if any) in accordance with sections 20(1)( b ) and (1A) and 25: ( a ) designated shares payments that have been credited to the general moneys of the Fund to the credit of a deceased designated shareholder under section 26(7)( a ) or ( b ) or section 26, 26A, 26B or 26D as in force immediately before the commencement date; ( b ) moneys transferred or paid to a nominee account of a deceased designated shareholder under section 26(9). (2) Where a designated shareholder died before 1 January 1996 or has not executed a memorandum under section 25(1), the Board must pay the amounts mentioned in subsection (1)( a ) — ( a ) to the personal representatives of the deceased designated shareholder; or ( b ) if to the best of the Board’s knowledge the deceased designated shareholder does not have any personal representatives, and if the proceeds of the sale of the shares do not exceed such amount as the Minister may specify — to a proper claimant. (3) The transfer or payment under subsection (1) or (2) may be made subject to any terms and conditions imposed by the Board. (4) The Board is discharged, in respect of any designated shares payment, by the receipt of a person to whom the designated shares payment is payable under subsection (1) or (2), for the designated shares payment. (5) Where any designated shares payment has been paid to a proper claimant under subsection (2), this section does not affect any recourse that any person may have against the proper claimant for that amount. (6) This section applies despite any other written law or rule of law, except regulations made for the purposes of this section under section 77(1) or as expressly provided to the contrary in this section. (7) In this section — “child” means a legitimate child and includes any child adopted by virtue of an order of court under any written law for the time being in force in Singapore, Malaysia or Brunei Darussalam; “commencement date” means the date of commencement of section 29 of the Central Provident Fund (Amendment) Act 2021; “parent” includes an adoptive parent; “proper claimant”, in relation to any designated shares payment, means a person who — ( a ) claims to be entitled to the designated shares payment as executor of a deceased designated shareholder; or ( b ) claims to be entitled to the designated shares payment (whether for his or her own benefit or not) and is the widower, widow, child, grandchild, parent, brother, sister, nephew, niece, grandparent, uncle or aunt of the deceased designated shareholder. [Act 39 of 2021 wef 01/04/2022]


document_id: cpfa-1953
provision_ref: s26B
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 26B
title: Withdrawal from investment schemes
content:
26B. —(1) This section applies where — ( a ) a member has — (i) a CPF Investment Account; or (ii) any securities purchased or acquired under an investment scheme introduced under Part II or III of the Investment Regulations; and ( b ) the Board is satisfied that the member is not an applicable person. (2) The Board may, on its own motion, declare that — ( a ) the member is authorised to withdraw all moneys standing to the member’s credit in the member’s CPF Investment Account, if any; and ( b ) all of the member’s securities mentioned in subsection (1)( a )(ii) (if any) are withdrawn from those investment schemes. (3) The member is not obliged to repay to the Fund — ( a ) any moneys withdrawn from the member’s CPF Investment Account pursuant to the Board’s declaration under subsection (2); or ( b ) any proceeds or benefits of any securities withdrawn pursuant to the Board’s declaration under subsection (2). (4) In this section — “CPF Investment Account” has the meaning given by the Investment Regulations; “Investment Regulations” means the Central Provident Fund (Investment Schemes) Regulations (Rg 9). [Act 36 of 2023 wef 01/04/2024] 26C. [ Repealed by Act 39 of 2021 wef 01/04/2022 ] 26D. [ Repealed by Act 39 of 2021 wef 01/04/2022 ]


document_id: cpfa-1953
provision_ref: s27
chapter: PART 3 - WITHDRAWAL OF CONTRIBUTIONS
section: 27
title: Withdrawals by undischarged bankrupts
content:
27. —(1) Subject to this section or any regulations made under this Act, a member who is an undischarged bankrupt is not entitled to make withdrawals from the amount standing to the member’s credit in the Fund. (2) The Board may, in its discretion but only after the Board is satisfied that all repayments of any loan given to the member by the Government under an approved loan scheme within the meaning of section 14A, together with all interest and other charges which the member is liable to pay to the Government under the terms and conditions of that loan, have been paid, allow a member who is an undischarged bankrupt to withdraw from the amount standing to his or her credit in the Fund if — ( a ) the member satisfies any of the grounds for withdrawals specified in section 15(2) or 15AA(1); and [Act 39 of 2021 wef 01/03/2022] ( b ) the member satisfies such conditions as may be specified by the Minister from time to time. [24/2013] (2A) [ Deleted by Act 36 of 2023 wef 01/04/2024 ] (3) Where withdrawals are made by a member who is an undischarged bankrupt under subsection (2), the Board may impose such condition (including condition as to the amounts that may be withdrawn by the undischarged bankrupt) as it may think fit. (4) [ Deleted by Act 31 of 2003 ] (5) All applications for withdrawals under this section must be in such form, and must be supported by such evidence, as the Board may reasonably require.


document_id: cpfa-1953
provision_ref: s27A
chapter: PART 3A - DIVISION OF FUND-RELATED ASSETS
section: 27A
title: Interpretation of this Part
content:
27A. In this Part and section 77(1)( ra ) — “designated account” means such account maintained, or to be maintained, by the Board as may be prescribed by any regulations made under section 77(1); “order of court” means — ( a ) an order made under section 112 of the Women’s Charter 1961 in proceedings for divorce, judicial separation or nullity of marriage under Part 10 of the Women’s Charter 1961; ( b ) an order made under section 52(3)( d ), (7) or (9) of the Administration of Muslim Law Act 1966 in proceedings for divorce or nullity of marriage under Part 3 of that Act; or ( c ) an order made under section 121G of the Women’s Charter 1961, being an order which the court could have made under section 112 of the Women’s Charter 1961; “public authority” has the meaning given by section 21(12); “spouse” includes a former spouse. [43/2017]


document_id: cpfa-1953
provision_ref: s27B
chapter: PART 3A - DIVISION OF FUND-RELATED ASSETS
section: 27B
title: Order of court for transfer or payment of money standing to credit of member
content:
27B. —(1) Subject to subsections (2), (3) and (5), where, under an order of court, the spouse of a member of the Fund has been awarded any amount to be paid out from the money standing to the credit of the member in the Fund, including any money which is payable or repayable to the Fund to the credit of the member — ( a ) if the spouse is a citizen or permanent resident of Singapore, the Board must, as directed by the order of court — (i) transfer the amount to one or more designated accounts maintained, or to be maintained, for the spouse in respect of the money standing to the credit of the spouse in the Fund, such transfer — (A) to take place as soon as practicable after the Board has received a copy of the order of court; and (B) to be in accordance with any regulations made under section 77(1) and subject to such terms and conditions as the Board may determine; or (ii) pay the amount to the spouse, such payment to take place — (A) after the member has become entitled to withdraw the sum standing to the credit of the member under section 15(2), 15AA(1) or 27 or the Board has been notified that the member has died, whichever is the earliest in time; and [Act 36 of 2023 wef 01/07/2024] (B) upon an application by the spouse for the withdrawal of the amount; or ( b ) if the spouse is not a citizen or permanent resident of Singapore, the Board must pay the amount to the spouse, such payment to take place — (i) after the member has become entitled to withdraw the sum standing to the credit of the member under section 15(2), 15AA(1) or 27 or the Board has been notified that the member has died, whichever is the earliest in time; and [Act 36 of 2023 wef 01/07/2024] (ii) upon an application by the spouse for the withdrawal of the amount. (2) Subject to subsection (5), where the amount standing to the credit of a member in the Fund at the time of the transfer under subsection (1)( a )(i) or payment under subsection (1)( b ), after deducting — ( a ) any amount which the Board is entitled to recover on behalf of the Government under section 14(3) or (3A), or to transfer to the general moneys of the Fund under section 14(3C); and ( b ) any amount which the Board is entitled to receive or recover on behalf of the Government under section 14A(5) or (6), is less than the amount awarded under the order of court, the Board must transfer or pay (as the case may be) the firstmentioned amount instead of the amount awarded under the order of court. [26/2016] (3) Subject to subsection (5), where the amount standing to the credit of a member in the Fund at the time of the payment under subsection (1)( a )(ii), after deducting — ( a ) any amount which the Board is entitled to recover on behalf of the Government under section 14(3) or (3A), or to transfer to the general moneys of the Fund under section 14(3C); ( b ) any amount which the Board is entitled to receive or recover on behalf of the Government under section 14A(5) or (6); ( c ) the amounts required to be set aside by the member, or from the amount standing to the credit of the member in the Fund, under section 15 or 15AA; and [Act 39 of 2021 wef 01/03/2022] ( d ) any amount which the member may be required to set aside under any condition referred to in section 27(2)( b ) or (3), is less than the amount awarded under the order of court, the Board must pay the firstmentioned amount instead of the amount awarded under the order of court. [26/2016] (4) A transfer or payment of money by the Board under subsection (2) or (3) — ( a ) is a good and valid discharge of the Board’s obligations under the order of court; but ( b ) does not affect any recourse which the spouse may have against the member for the balance of the amount awarded under the order of court. (5) Where the order of court requires any amount to be paid or repaid to the Fund to the credit of the member before the Board makes any transfer or payment of money under subsection (1), (2) or (3), the Board must not make the transfer or payment unless — ( a ) that amount has been paid or repaid to the Fund; and ( b ) the Board has been notified, in such manner as may be prescribed by any regulations made under section 77(1), of the payment or repayment of that amount. (6) The Board must make a transfer or payment of money standing to the credit of a member of the Fund under subsection (1)( a )(i) or ( b ) or (2) — ( a ) despite sections 24, 25, 25A and 26 and every restriction on withdrawal from the Fund under section 15, 15AA, 15AB, 16 or 27 or any regulations made under section 77(1); and [Act 39 of 2021 wef 01/03/2022] [Act 39 of 2021 wef 18/06/2022] ( b ) in priority to — (i) every withdrawal or transfer of money standing to the credit of the member referred to in section 13(7), 15(8D), 15B, 16A, 16B, 18, 18A, 18B, 18C, 18D, 20, 21, 21A, 21B, 22 or 57DA or any regulations made under section 23 or 77(1); and [Act 33 of 2024 wef 19/01/2025] (ii) every deduction which the Board is entitled to make under — (A) section 27L, 32 or 45 or any regulations made under section 77(1); (B) the MediShield Life Scheme Act 2015; and (C) the CareShield Life and Long‑Term Care Act 2019. [4/2015; 6/2016; 26/2016; 26/2019] (7) The Board must make a payment of money standing to the credit of a member of the Fund under subsection (1)( a )(ii) or (3) — ( a ) despite sections 24, 25, 25A and 26 and every restriction on withdrawal from the Fund under any regulations made under section 77(1); and [Act 39 of 2021 wef 18/06/2022] ( b ) in priority to — (i) every withdrawal or transfer of money standing to the credit of the member referred to in section 13(7), 15(8D), 15B, 16A, 16B, 18, 18A, 18B, 18C, 18D, 20, 21, 21A, 21B, 22 or 57DA or any regulations made under section 23 or 77(1); and [Act 33 of 2024 wef 19/01/2025] (ii) every deduction which the Board is entitled to make under — (A) section 27L, 32 or 45 or any regulations made under section 77(1); (B) the MediShield Life Scheme Act 2015; and (C) the CareShield Life and Long‑Term Care Act 2019. [4/2015; 6/2016; 26/2016; 26/2019] (8) The money transferred under subsection (1)( a )(i) or (2) and any interest thereon may be withdrawn in accordance with this Act for such purposes and in such manner as may be prescribed by any regulations made under section 77(1).


document_id: cpfa-1953
provision_ref: s27C
chapter: PART 3A - DIVISION OF FUND-RELATED ASSETS
section: 27C
title:
Order of court for transfer or sale of immovable property in relation to which charge has been created under section 15AB(1) or (2)

content:
27C. —(1) Where — ( a ) a member of the Fund has withdrawn the amount referred to in section 15(6C)( a ) which is deposited with an approved bank or retained in the member’s retirement account or any part of that amount, or has surrendered his or her approved annuity, under section 15AB(1) or (2); [Act 39 of 2021 wef 01/03/2022] ( b ) a charge has been created under section 15AB(1) or (2) on an immovable property wholly owned by the member or jointly owned by the member and one or more other persons (as the case may be) to secure the payment to the Board of the member’s retirement sum; [Act 39 of 2021 wef 01/03/2022] ( c ) an order of court is made requiring the transfer (other than by way of sale) of the member’s estate or interest in the immovable property to his or her spouse; and ( d ) the spouse is a citizen or permanent resident of Singapore, then, subject to any regulations made under section 77(1), the following provisions apply: ( e ) if the order of court requires any person to pay to the Board any amount towards covering the deficiency in the member’s retirement sum, that person must pay to the Board that amount; ( f ) the member must pay to the Board a further amount sufficient to cover the deficiency in the member’s retirement sum, unless the amount paid under paragraph ( e ) (if any) is sufficient to cover that deficiency; ( g ) if the immovable property is subsequently sold or otherwise disposed of, the spouse must pay to the Fund such amount as may be determined by the Board in accordance with any regulations made under section 77(1), and the Board must credit that amount to one or more designated accounts maintained, or to be maintained, for the spouse; ( h ) despite section 15AB(15)( e ), upon the transfer of the member’s estate or interest in the immovable property to the spouse, and upon payment in accordance with paragraph ( e ), if applicable — (i) the charge referred to in paragraph ( b ) ceases to secure the payment to the Board of the member’s retirement sum; and (ii) the member, the spouse or any other person having an interest in the immovable property is entitled to have that charge cancelled, insofar as it secures the payment to the Board of the member’s retirement sum; [Act 39 of 2021 wef 01/03/2022] ( i ) upon the transfer of the member’s estate or interest in the immovable property to the spouse — (i) in any case where the transfer occurs before 1 January 2013, there is a charge on the spouse’s estate or interest in the immovable property to secure the payment referred to in paragraph ( g ); and (ii) in any case where the transfer occurs on or after 1 January 2013, a charge is constituted on the immovable property to secure the payment referred to in paragraph ( g ); ( j ) sections 15AB(15)( b ) to ( e ) and 21(12) apply, with the necessary modifications, to the charge under paragraph ( i )(i), and for the purposes of such application — (i) any reference to the charge under section 15AB(1) or (2) is to be read as a reference to the charge under paragraph ( i )(i); and [Act 39 of 2021 wef 01/03/2022] (ii) any reference to the member is to be read as a reference to the spouse; [Act 39 of 2021 wef 01/03/2022] ( k ) sections 15AB(14)( b ) to ( e ) and 21(12) apply, with the necessary modifications, to the charge under paragraph ( i )(ii), and for the purposes of such application — (i) any reference to the charge under section 15AB(10) or (11) is to be read as a reference to the charge under paragraph ( i )(ii); and [Act 39 of 2021 wef 01/03/2022] (ii) any reference to the member is to be read as a reference to the spouse; and [Act 39 of 2021 wef 01/03/2022] ( l ) the charge under paragraph ( i )(i) or (ii) — (i) is subject to all prior statutory rights and charges of any public authority over the immovable property; and (ii) despite anything in the Land Titles Act 1993 or the Registration of Deeds Act 1988 — (A) is not subject to any encumbrance registered or notified on or after the date of the notification of the charge referred to in paragraph ( b ); and (B) ranks equally with the charge referred to in paragraph ( b ), had it continued or if it continues to be in force, in the order of priority of interests in the immovable property. [23/2012; 6/2016; 26/2016] (2) Except in a case to which subsection (1) applies, where — ( a ) a member of the Fund has withdrawn the amount referred to in section 15(6C)( a ) which is deposited with an approved bank or retained in the member’s retirement account or any part of that amount, or has surrendered his or her approved annuity, under section 15AB(1) or (2); [Act 39 of 2021 wef 01/03/2022] ( b ) a charge has been created under section 15AB(1) or (2) on an immovable property wholly owned by the member or jointly owned by the member and one or more other persons (as the case may be) to secure the payment to the Board of the member’s retirement sum; and [Act 39 of 2021 wef 01/03/2022] ( c ) an order of court is made requiring the transfer or sale of the member’s estate or interest in the immovable property to any person, the charge continues in force until — ( d ) an amount sufficient to cover the deficiency in the member’s retirement sum — (i) has been paid to the Board; or (ii) is no longer required by any regulations made under section 77(1) to be paid to the Board; or ( e ) the Board is satisfied of the occurrence of any event prescribed in any regulations made under section 77(1) for the purposes of this paragraph, in which event the member, the person referred to in paragraph ( c ) or any other person having an interest in the immovable property is entitled to have the charge cancelled. [23/2012; 6/2016; 26/2016] [Act 39 of 2021 wef 01/03/2022]


document_id: cpfa-1953
provision_ref: s27D
chapter: PART 3A - DIVISION OF FUND-RELATED ASSETS
section: 27D
title:
Order of court for transfer or sale of immovable property in relation to which undertaking has been given under section 15AB(3) or (4)

content:
27D. —(1) Where — ( a ) a member of the Fund has withdrawn the amount referred to in section 15(6C)( a ) which is deposited with an approved bank or retained in the member’s retirement account or any part of that amount, or has surrendered his or her approved annuity, under section 15AB(3) or (4); [Act 39 of 2021 wef 01/03/2022] ( b ) the member wholly owns, or the member and one or more other persons jointly own, an immovable property; ( c ) the member has given an undertaking under section 15AB(3), or the member and the other person or persons have given an undertaking under section 15AB(3) or (4), as the case may be, to refund to the Board an amount equal to the member’s retirement sum or part thereof which is required to be set aside in the event the immovable property is sold or otherwise disposed of; [Act 39 of 2021 wef 01/03/2022] ( d ) an order of court is made requiring the transfer (other than by way of sale) of the member’s estate or interest in the immovable property to his or her spouse; and ( e ) the spouse is a citizen or permanent resident of Singapore, then, subject to any regulations made under section 77(1), the following provisions apply: ( f ) if the order of court requires any person to pay to the Board any amount towards covering the deficiency in the member’s retirement sum, that person must pay to the Board that amount; ( g ) the member must pay to the Board a further amount sufficient to cover the deficiency in the member’s retirement sum, unless the amount paid under paragraph ( f ), if any, is sufficient to cover that deficiency; ( h ) if the immovable property is subsequently sold or otherwise disposed of, the spouse must pay to the Fund such amount as may be determined by the Board in accordance with any regulations made under section 77(1), and the Board must credit that amount to one or more designated accounts maintained, or to be maintained, for the spouse; ( i ) upon the transfer of the member’s estate or interest in the immovable property to the spouse, and upon payment in accordance with paragraph ( f ), if applicable, the Board must not enforce the undertaking under section 15AB(3) or (4) against any person who has given that undertaking, insofar as it secures the refund to the Board of the member’s retirement sum or part thereof which is required to be set aside; [Act 39 of 2021 wef 01/03/2022] ( j ) upon the transfer of the member’s estate or interest in the immovable property to the spouse — (i) in any case where the transfer occurs before 1 January 2013, the spouse must give an undertaking to pay to the Board, in the event the immovable property is sold or otherwise disposed of, the amount referred to in paragraph ( h ); or (ii) in any case where the transfer occurs on or after 1 January 2013, a charge is constituted on the immovable property to secure the payment referred to in paragraph ( h ); ( k ) the Board must not enforce any undertaking under paragraph ( j )(i) if there exist such circumstances as may be prescribed in any regulations made under section 77(1) for the purposes of this paragraph; and ( l ) sections 15AB(14)( a ) to ( e ) and 21(12) apply, with the necessary modifications, to the charge under paragraph ( j )(ii), and for the purposes of such application — (i) any reference to the charge under section 15AB(10) or (11) is to be read as a reference to the charge under paragraph ( j )(ii); and [Act 39 of 2021 wef 01/03/2022] (ii) any reference to the member is to be read as a reference to the spouse. [23/2012; 6/2016; 26/2016] [Act 39 of 2021 wef 01/03/2022] (2) Except in a case to which subsection (1) applies, where — ( a ) a member of the Fund has withdrawn the amount referred to in section 15(6C)( a ) which is deposited with an approved bank or retained in the member’s retirement account or any part of that amount, or has surrendered his or her approved annuity, under section 15AB(3) or (4); [Act 39 of 2021 wef 01/03/2022] ( b ) the member wholly owns, or the member and one or more other persons jointly own, an immovable property; ( c ) the member has given an undertaking under section 15AB(3), or the member and the other person or persons have given an undertaking under section 15AB(3) or (4), as the case may be, to refund to the Board an amount equal to the member’s retirement sum or part thereof which is required to be set aside in the event the immovable property is sold or otherwise disposed of; and [Act 39 of 2021 wef 01/03/2022] ( d ) an order of court is made requiring the transfer or sale of the member’s estate or interest in the immovable property to any person, the Board is entitled to enforce that undertaking against every person who has given that undertaking, insofar as it secures the refund to the Board of the member’s retirement sum or part thereof which is required to be set aside, until — ( e ) the member’s retirement sum or part thereof which is required to be set aside — (i) has been refunded to the Board; or (ii) is no longer required by any regulations made under section 77(1) to be refunded to the Board; or ( f ) the Board is satisfied of the occurrence of any event prescribed in any regulations made under section 77(1) for the purposes of this paragraph, in which event the Board must not enforce that undertaking. [23/2012; 6/2016; 26/2016] [Act 39 of 2021 wef 01/03/2022]


document_id: cpfa-1953
provision_ref: s27DA
chapter: PART 3A - DIVISION OF FUND-RELATED ASSETS
section: 27DA
title:
Order of court for transfer or sale of immovable property in relation to which charge has been created under section 15AB(10) or (11)

content:
27DA. —(1) Where — ( a ) a member of the Fund has withdrawn the amount referred to in section 15(6C)( a ) which is deposited with an approved bank or retained in the member’s retirement account or any part of that amount, or has surrendered his or her approved annuity, under section 15AB(6), (7), (8) or (9); [Act 39 of 2021 wef 01/03/2022] ( b ) a charge has been constituted under section 15AB(10) or (11) on an immovable property wholly owned by the member or jointly owned by the member and one or more other persons (as the case may be) to secure the payment to the Board of the amount withdrawn by the member; [Act 39 of 2021 wef 01/03/2022] ( c ) an order of court is made requiring the transfer (other than by way of sale) of the member’s estate or interest in the immovable property to his or her spouse; and ( d ) the spouse is a citizen or permanent resident of Singapore, then, subject to any regulations made under section 77(1), the following provisions apply: ( e ) if the order of court requires any person to pay to the Board any amount towards covering the deficiency in the member’s retirement sum, that person must pay to the Board that amount; ( f ) the member must pay to the Board a further amount sufficient to cover the deficiency in the member’s retirement sum, unless the amount paid under paragraph ( e ) (if any) is sufficient to cover that deficiency; ( g ) if the immovable property is subsequently sold or otherwise disposed of, the spouse must pay to the Fund such amount as may be determined by the Board in accordance with any regulations made under section 77(1), and the Board must credit that amount to one or more designated accounts maintained, or to be maintained, for the spouse; ( h ) despite section 15AB(14)( e ), upon the transfer of the member’s estate or interest in the immovable property to the spouse, and upon payment in accordance with paragraph ( e ), if applicable — (i) the charge referred to in paragraph ( b ) ceases to secure the payment to the Board of the amount withdrawn by the member; and (ii) the member, the spouse or any other person having an interest in the immovable property is entitled to have any registration or notification of the charge in the appropriate register under the Land Titles Act 1993, the Land Titles (Strata) Act 1967 or the Registration of Deeds Act 1988 (as the case may be) cancelled, insofar as it secures the payment to the Board of the amount withdrawn by the member; [Act 39 of 2021 wef 01/03/2022] ( i ) upon the transfer of the member’s estate or interest in the immovable property to the spouse, a charge is constituted on the immovable property to secure the payment referred to in paragraph ( g ); ( j ) sections 15AB(14)( b ) to ( e ) and 21(12) apply, with the necessary modifications, to the charge under paragraph ( i ), and for the purposes of such application — (i) any reference to the charge under section 15AB(10) or (11) is to be read as a reference to the charge under paragraph ( i ); and [Act 39 of 2021 wef 01/03/2022] (ii) any reference to the member is to be read as a reference to the spouse; and [Act 39 of 2021 wef 01/03/2022] ( k ) the charge under paragraph ( i ) — (i) is subject to all prior statutory rights and charges of any public authority over the immovable property; and (ii) despite anything in the Land Titles Act 1993 or the Registration of Deeds Act 1988 — (A) is not subject to any encumbrance registered or notified on or after the date of the notification of the charge referred to in paragraph ( b ); and (B) ranks equally with the charge referred to in paragraph ( b ), had it continued or if it continues to be in force, in the order of priority of interests in the immovable property. [23/2012; 6/2016; 26/2016] (2) Except in a case to which subsection (1) applies, where — ( a ) a member of the Fund has withdrawn the amount referred to in section 15(6C)( a ) which is deposited with an approved bank or retained in the member’s retirement account or any part of that amount, or has surrendered his or her approved annuity, under section 15AB(6), (7), (8) or (9); [Act 39 of 2021 wef 01/03/2022] ( b ) a charge has been constituted under section 15AB(10) or (11) on an immovable property wholly owned by the member or jointly owned by the member and one or more other persons (as the case may be) to secure the payment to the Board of the amount withdrawn by the member; and [Act 39 of 2021 wef 01/03/2022] ( c ) an order of court is made requiring the transfer or sale of the member’s estate or interest in the immovable property to any person, the charge continues in force until, and the member, the person referred to in paragraph ( c ) or any other person having an interest in the immovable property is entitled to have any registration or notification of the charge in the appropriate register under the Land Titles Act 1993, the Land Titles (Strata) Act 1967 or the Registration of Deeds Act 1988 (as the case may be) cancelled in the event that — ( d ) the amount withdrawn by the member — (i) has been paid to the Board; or (ii) is no longer required by any regulations made under section 77(1) to be paid to the Board; or ( e ) the Board is satisfied of the occurrence of any event prescribed in any regulations made under section 77(1) for the purposes of this paragraph. [23/2012; 6/2016] [Act 39 of 2021 wef 01/03/2022]


document_id: cpfa-1953
provision_ref: s27DB
chapter: PART 3A - DIVISION OF FUND-RELATED ASSETS
section: 27DB
title:
Order of court for transfer or sale of immovable property in relation to which charge has been created under section 15AB(13)

content:
27DB. —(1) Subsection (2) applies where — ( a ) the Board permits a member of the Fund to use the immovable property mentioned in section 15AB(12) to secure the whole or part of the retirement sum applicable to the member; [Act 39 of 2021 wef 01/03/2022] ( b ) a charge is constituted under section 15AB(13) on the immovable property to secure the payment to the Board of the whole or part of the retirement sum; [Act 39 of 2021 wef 01/03/2022] ( c ) an order of court is made requiring the transfer (other than by way of sale) of the member’s estate or interest in the immovable property to the member’s spouse; and ( d ) the spouse is a citizen or permanent resident of Singapore. [37/2019] (2) Subject to any regulations made under section 77(1), the following provisions apply in the circumstances set out in subsection (1): ( a ) if the order of court requires any person to pay to the Board any amount towards covering the deficiency in the member’s retirement sum, that person must pay to the Board that amount; ( b ) the member must pay to the Board a further amount sufficient to cover the deficiency in the member’s retirement sum, unless the amount paid under paragraph ( a ) (if any) is sufficient to cover that deficiency; ( c ) if the immovable property is subsequently sold or otherwise disposed of, the spouse must pay to the Fund an amount determined by the Board in accordance with any regulations made under section 77(1), and the Board must credit that amount to one or more designated accounts maintained, or to be maintained, for the spouse; ( d ) despite section 15AB(14)( e ), upon the transfer of the member’s estate or interest in the immovable property to the spouse, and upon payment in accordance with paragraph ( a ), if applicable — (i) the charge mentioned in subsection (1)( b ) ceases to secure the payment to the Board of the retirement sum applicable to the member; and (ii) the member, the spouse or any other person having an interest in the immovable property is entitled to have any registration or notification of the charge in the appropriate register under the Land Titles Act 1993, the Land Titles (Strata) Act 1967 or the Registration of Deeds Act 1988 (as the case may be) cancelled, insofar as it secures the payment to the Board of the retirement sum applicable to the member; [Act 39 of 2021 wef 01/03/2022] ( e ) upon the transfer of the member’s estate or interest in the immovable property to the spouse, a charge is constituted on the immovable property to secure the payment referred to in paragraph ( c ); ( f ) sections 15AB(14)( b ) to ( e ) and 21(12) apply, with the necessary modifications, to the charge under paragraph ( e ), and for the purposes of such application — (i) any reference to the charge under section 15AB(13) is to be read as a reference to the charge under paragraph ( e ); and [Act 39 of 2021 wef 01/03/2022] (ii) any reference to the member is to be read as a reference to the spouse; [Act 39 of 2021 wef 01/03/2022] ( g ) the charge under paragraph ( e ) — (i) is subject to all prior statutory rights and charges of any public authority over the immovable property; and (ii) despite anything in the Land Titles Act 1993 or the Registration of Deeds Act 1988 — (A) is not subject to any encumbrance registered or notified on or after the date of the notification of the charge mentioned in subsection (1)( b ); and (B) ranks equally with the charge mentioned in subsection (1)( b ), had it continued or if it continues to be in force, in the order of priority of interests in the immovable property. [37/2019] (3) Subsection (4) applies where — ( a ) the Board permits a member of the Fund to use the immovable property mentioned in section 15AB(12) to secure the whole or part of the retirement sum applicable to the member; [Act 39 of 2021 wef 01/03/2022] ( b ) a charge is constituted under section 15AB(13) on the immovable property to secure the payment to the Board of the whole or part of the retirement sum; and [Act 39 of 2021 wef 01/03/2022] ( c ) an order of court is made requiring the transfer or sale of the member’s estate or interest in the immovable property to any person. [37/2019] (4) In the circumstances mentioned in subsection (3), unless subsection (2) applies, the charge mentioned in subsection (3)( b ) continues in force until — ( a ) the retirement sum applicable to the member or part of the retirement sum that the charge was constituted to secure under section 15AB(13) — (i) has been paid to the Board; or (ii) is no longer required by any regulations made under section 77(1) to be paid to the Board; or [Act 39 of 2021 wef 01/03/2022] ( b ) the Board is satisfied of the occurrence of any event prescribed in any regulations made under section 77(1) for the purposes of this paragraph. [37/2019] (5) Where any of the events mentioned in subsection (4) occurs, unless subsection (2) applies, the following persons are entitled to have any registration or notification of the charge mentioned in subsection (3)( b ) in the appropriate register under the Land Titles Act 1993, the Land Titles (Strata) Act 1967 or the Registration of Deeds Act 1988 (as the case may be) cancelled: ( a ) the member mentioned in subsection (3); ( b ) the person mentioned in subsection (3)( c ); ( c ) any other person having an interest in the immovable property on which the charge is constituted. [37/2019] [Act 39 of 2021 wef 01/03/2022]


document_id: cpfa-1953
provision_ref: s27E
chapter: PART 3A - DIVISION OF FUND-RELATED ASSETS
section: 27E
title:
Order of court for transfer or sale of immovable property in relation to which charge under section 21(1) or 21A(1) exists

content:
27E. —(1) Where — ( a ) a member of the Fund has withdrawn any money standing to the member’s credit in the Fund for all or any of the purposes referred to in section 21(1) or 21A(1); ( b ) the immovable property in relation to which the money was withdrawn is purchased or owned by the member, whether solely or as a co‑purchaser, joint tenant or tenant‑in‑common (as the case may be) with one or more other persons; ( c ) an order of court is made requiring the transfer (other than by way of sale) of the member’s estate or interest in the immovable property to his or her spouse; and ( d ) the spouse is a citizen or permanent resident of Singapore, then, subject to any regulations made under section 77(1), the following provisions apply: ( e ) the member or, if the order of court requires any person to do so, that person must pay to the Fund to the credit of the member — (i) any amount which the Board is entitled to recover on behalf of the Government under section 14(3) or (3A); (ii) any amount which the Board is entitled to receive or recover on behalf of the Government under section 14A(5) or (6); and (iii) such other amount (if any) as the order of court may require to be paid to the Fund to the credit of the member; ( f ) if the immovable property is subsequently sold or otherwise disposed of, the spouse must pay to the Fund such amount as may be determined by the Board in accordance with any regulations made under section 77(1), and the Board must credit that amount to one or more designated accounts maintained, or to be maintained, for the spouse; ( g ) despite sections 21(10) and 21A(9), upon the transfer of the member’s estate or interest in the immovable property to his or her spouse and upon payment in accordance with paragraph ( e ), if applicable — (i) any charge under section 21(1) or 21A(1) on any estate or interest in the immovable property ceases to secure the repayment of the money withdrawn from the Fund by the member (including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made); and (ii) the member, the spouse or any other person having an interest in the immovable property is entitled to have that charge cancelled, insofar as it secures the repayment of the money withdrawn from the Fund by the member (including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made); ( h ) there is a charge on the spouse’s estate or interest in the immovable property to secure the payment referred to in paragraph ( f ); ( i ) section 21(1A), (2), (4), (5) and (8) to (12) or sections 21(12) and 21A(1A) to (4) and (7) to (9) (as the case may be) apply, with the necessary modifications, to the charge under paragraph ( h ), and for the purposes of such application — (i) any reference to the charge under section 21(1) or 21A(1) is to be read as a reference to the charge under paragraph ( h ); and (ii) any reference to the member is to be read as a reference to the spouse; and ( j ) the charge under paragraph ( h ) — (i) is in addition to any charge under section 21(1) or 21A(1) on any estate or interest in the immovable property to secure the repayment of any money withdrawn from the Fund (for all or any of the purposes referred to in section 21(1) or 21A(1)) by any person other than the member (including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made); (ii) is subject to all statutory rights and charges of any public authority over the immovable property; and (iii) despite anything in the Land Titles Act 1993 or the Registration of Deeds Act 1988, in the absence of any agreement as to priority — (A) is not subject to any encumbrance registered or notified on or after the date of acceptance by the Registrar of the instrument to register or notify the charge referred to in paragraph ( g ); and (B) ranks equally with the charge referred to in paragraph ( g ), had it continued or if it continues to be in force, in the order of priority of interests in the immovable property. [23/2012; 26/2016] (2) Except in a case to which subsection (1) applies, where — ( a ) a member of the Fund has withdrawn any money standing to the member’s credit in the Fund for all or any of the purposes referred to in section 21(1) or 21A(1); ( b ) the immovable property in relation to which the money was withdrawn is purchased or owned by the member, whether solely or as a co‑purchaser, joint tenant or tenant‑in‑common (as the case may be) with one or more other persons; and ( c ) an order of court is made requiring the transfer or sale of the member’s estate or interest in the immovable property to any person, the following apply: ( d ) any charge under section 21(1) or 21A(1) on any estate or interest in the immovable property continues in force until, and the member, the person referred to in paragraph ( c ) or any other person having an interest in the immovable property is entitled to have the charge cancelled in the event that, all moneys secured by the charge — (i) have been repaid to the Fund; or (ii) are no longer required by any regulations made under section 77(1) to be repaid to the Fund; and ( e ) despite paragraph ( d ), where the Board is satisfied of the occurrence of any event prescribed in any regulations made under section 77(1) for the purposes of this paragraph, the member, the person referred to in paragraph ( c ) or any other person having an interest in the immovable property may, with the approval of the Board, have the charge cancelled. [23/2012]


document_id: cpfa-1953
provision_ref: s27F
chapter: PART 3A - DIVISION OF FUND-RELATED ASSETS
section: 27F
title:
Order of court for transfer or sale of HDB flat in relation to which charge has been constituted under section 21B(1)

content:
27F. —(1) Where — ( a ) a member of the Fund has withdrawn any money standing to the member’s credit in the Fund for all or any of the purposes referred to in section 21B(1); ( b ) the HDB flat in relation to which the money was withdrawn is owned by the member, whether solely or jointly with one or more other persons; ( c ) an order of court is made requiring the transfer (other than by way of sale) of the member’s interest in the HDB flat to his or her spouse; and ( d ) the spouse is a citizen or permanent resident of Singapore, then, subject to any regulations made under section 77(1), the following provisions apply: ( e ) the member or, if the order of court requires any person to do so, that person must pay to the Fund to the credit of the member — (i) any amount which the Board is entitled to recover on behalf of the Government under section 14(3) or (3A); (ii) any amount which the Board is entitled to receive or recover on behalf of the Government under section 14A(5) or (6); and (iii) such other amount (if any) as the order of court may require to be paid to the Fund to the credit of the member; ( f ) if the HDB flat is subsequently sold or otherwise disposed of, the spouse must pay to the Fund such amount as may be determined by the Board in accordance with any regulations made under section 77(1), and the Board must credit that amount to one or more designated accounts maintained, or to be maintained, for the spouse; ( g ) despite section 21B(11), upon the transfer of the member’s interest in the HDB flat to his or her spouse and upon payment in accordance with paragraph ( e ), if applicable, any charge constituted on the HDB flat under section 21B(1) ceases to secure the repayment of the money withdrawn from the Fund by the member, including the whole or such part, as the Board may determine, of the interest that would have been payable thereon if the withdrawal had not been made, and, if that is the only money secured by that charge, ceases to be in force; ( h ) a charge is constituted on the HDB flat to secure the payment referred to in paragraph ( f ); ( i ) sections 21(12) and 21B(2), (3) and (5) to (11B) apply, with the necessary modifications, to the charge under paragraph ( h ), and for the purposes of such application — (i) any reference to the charge under section 21B(1) is to be read as a reference to the charge under paragraph ( h ); (ii) any reference to the member is to be read as a reference to the spouse; and (iii) any reference to an encumbrance specified in section 21B(3)( c ) is to be read as a reference to an encumbrance referred to in paragraph ( k ); [Act 33 of 2024 wef 01/01/2026] ( j ) the charge under paragraph ( h ) is in addition to the charge referred to in paragraph ( g ), if the charge referred to in paragraph ( g ) continues to be in force; and ( k ) despite anything in the Land Titles Act 1993 or the Registration of Deeds Act 1988, in the absence of any agreement as to priority, the charge under paragraph ( h ) — (i) is not subject to any encumbrance registered or notified on or after the date of the constitution of the charge referred to in paragraph ( g ); and (ii) ranks equally with the charge referred to in paragraph ( g ), had it continued or if it continues to be in force, in the order of priority of interests in the HDB flat. [23/2012; 26/2016] (2) Except in a case to which subsection (1) applies, where — ( a ) a member of the Fund has withdrawn any money standing to the member’s credit in the Fund for all or any of the purposes referred to in section 21B(1); ( b ) the HDB flat in relation to which the money was withdrawn is owned by the member, whether solely or jointly with one or more other persons; and ( c ) an order of court is made requiring the transfer or sale of the member’s interest in the HDB flat to any person, the following apply: ( d ) any charge constituted on the HDB flat under section 21B(1) continues in force until all moneys secured by the charge — (i) have been repaid to the Fund; or (ii) are no longer required by any regulations made under section 77(1) to be repaid to the Fund; and ( e ) despite paragraph ( d ), where the Board is satisfied of the occurrence of any event prescribed in any regulations made under section 77(1) for the purposes of this paragraph, the charge, on the application of the member, the person referred to in paragraph ( c ) or any other person having an interest in the HDB flat, ceases to be in force if the Board approves the application. [23/2012]


document_id: cpfa-1953
provision_ref: s27G
chapter: PART 3A - DIVISION OF FUND-RELATED ASSETS
section: 27G
title: Order of court for transfer of investments
content:
27G. —(1) Where — ( a ) a member of the Fund has made any investment under any scheme in accordance with any regulations made under section 77(1)( n ) (called in this section the relevant regulations) which, but for section 24, would have been transferable to another person; ( b ) an order of court is made requiring the transfer of the member’s interest in the investment to his or her spouse; and ( c ) the spouse is a citizen or permanent resident of Singapore, then, subject to subsection (2) and any regulations made under section 77(1), the following provisions apply: ( d ) the obligation to effect the transfer of the member’s interest in the investment to the spouse lies with the member and not the Board; ( e ) upon the transfer of the member’s interest in the investment to the spouse — (i) the spouse is deemed to have made the investment under the scheme and to have assumed the member’s obligations under the relevant regulations in relation to the investment; and (ii) the member ceases to be liable to perform any obligation under the relevant regulations in relation to the investment; ( f ) if the investment is subsequently sold or otherwise disposed of, the proceeds from the sale or disposal must be dealt with in such manner as may be prescribed by any regulations made under section 77(1). (2) A member’s interest in an investment must not be transferred to his or her spouse under subsection (1) unless and until the spouse meets such criteria and has complied with such requirements as may be prescribed in any regulations made under section 77(1).


document_id: cpfa-1953
provision_ref: s27H
chapter: PART 3A - DIVISION OF FUND-RELATED ASSETS
section: 27H
title: Order of court for sale of investments
content:
27H. Where — ( a ) a member of the Fund has made any investment under any scheme in accordance with any regulations made under section 77(1)( n ) (called in this section the relevant regulations); and ( b ) an order of court is made requiring the sale of the member’s interest in the investment, then, subject to any regulations made under section 77(1), the following provisions apply: ( c ) the obligation to effect the sale of the member’s interest in the investment lies with the member and not the Board; ( d ) upon the sale of the member’s interest in the investment, the proceeds from the sale must be dealt with in accordance with the relevant regulations; ( e ) if, under any order of court, the member’s spouse is awarded the proceeds from the sale of the member’s interest in the investment or any part thereof, or any other amount to be paid out from the money standing to the credit of the member in the Fund after the proceeds have been repaid to the Fund to the credit of the member — (i) section 27B applies to the proceeds or part thereof or other amount, and the proceeds or part thereof or other amount is regarded as money repayable to the Fund to the credit of the member for the purposes of section 27B(1) and (5); (ii) where under the relevant regulations the proceeds are not immediately repayable to the Fund to the credit of the member, the obligation to initiate the repayment of the proceeds or part thereof to the Fund to the credit of the member lies with the member and not the Board; (iii) when the proceeds or part thereof have been repaid to the Fund, the member must notify the Board of the repayment for the purposes of section 27B(5); and (iv) the Board is under no obligation to ascertain whether, or to ensure that — (A) the member has complied with the order of court requiring the sale of the member’s interest in the investment; (B) the proceeds or part thereof awarded to the member’s spouse, or required to be repaid to the Fund to the credit of the member, have been repaid to the Fund; or (C) the contents of any notification of repayment given by the member for the purposes of section 27B(5) are true and correct.


document_id: cpfa-1953
provision_ref: s27I
chapter: PART 3A - DIVISION OF FUND-RELATED ASSETS
section: 27I
title: Miscellaneous matters
content:
27I. —(1) Any obligation of a member of the Fund to set aside any amount under section 15 or 15AA, or under any condition referred to in section 27(2)( b ) or (3), is not affected by — ( a ) any transfer or payment of any money standing to the credit of the member under section 27B(1), (2) or (3); ( b ) any transfer (other than by way of sale) of the member’s estate or interest in any immovable property under section 27C(1), 27D(1), 27DA(1), 27DB(2) or 27E(1); ( c ) any transfer (other than by way of sale) of the member’s interest in any HDB flat under section 27F(1); ( d ) any transfer of the member’s interest in any investment under section 27G; or ( e ) any sale of the member’s interest in any investment under section 27H. [23/2012; 26/2016; 37/2019] [Act 39 of 2021 wef 01/03/2022] (2) Where an order of court requires the Board to do anything — ( a ) the Board is not liable to give effect to that requirement unless the order of court has been served on the Board in such manner as may be prescribed by any regulations made under section 77(1); and ( b ) the Board is not liable for any act or omission of the Board contrary to that requirement which was committed on or before the date of such service. (3) Where an order of court requires the Board to do anything in contravention of this Act, the Board is not liable to give effect to that requirement.


document_id: cpfa-1953
provision_ref: s27J
chapter: PART 3B - LIFELONG INCOME SCHEME
section: 27J
title: Interpretation of this Part
content:
27J. In this Part — “annuity plan” means an annuity plan under the Scheme, pursuant to which the Board will pay a relevant member his or her monthly income under section 27K(6); “premium” means a premium under section 27L(1) or (1A) for an annuity plan; “relevant age”, in relation to a relevant member, means the age prescribed in, or designated by the relevant member under, the relevant regulations for the purposes of section 27K(1) and (6) in relation to the relevant member’s annuity plan; “relevant member” means a member of the Fund to whom the Scheme applies; “relevant regulations” means any regulations made under section 27Q; “Scheme” means the Lifelong Income Scheme established and maintained by the Board under section 27K. [23/2012; 43/2017]


document_id: cpfa-1953
provision_ref: s27K
chapter: PART 3B - LIFELONG INCOME SCHEME
section: 27K
title: Establishment of Lifelong Income Scheme
content:
27K. —(1) The Board is authorised to establish and maintain a Lifelong Income Scheme for the purpose of providing, to every relevant member who has an annuity plan that is in force, a monthly income for the remainder of the relevant member’s life, starting in or after the month in which the relevant member attains the relevant age applicable to the relevant member. [43/2017] (2) Subject to subsections (3) to (5A) and the relevant regulations, the Scheme applies to every member who — ( a ) attains 55 years of age, on or after 1 January 2013; and ( b ) on an assessment date applicable to the member, satisfies all of the following requirements: (i) the member is a citizen or permanent resident of Singapore; (ii) the member is entitled under section 15(2)( a ), (3) or (4) to withdraw any sum standing to the member’s credit in the Fund and would be required to comply with section 15(6)( a ) if the member were to make such a withdrawal; (iii) the amount standing to the member’s credit in the member’s retirement account is not less than such amount as may be prescribed in the relevant regulations for the purposes of this sub-paragraph. [6/2016] (2A) [ Deleted by Act 6 of 2016 ] (3) The Scheme — ( a ) does not apply to an excluded member; or ( b ) if the member is a relevant member, ceases to apply when the member becomes an excluded member. [6/2016] (4) The Board may, on such terms and conditions as the Board may impose, approve a member’s application to be an excluded member. [6/2016] (5) Despite subsections (2), (3) and (4), the Board may, on such terms and conditions as the Board may impose, approve a member’s application to join the Scheme if the member — ( a ) has attained such age as may be prescribed in the relevant regulations, or such earlier age as the Board may permit in a particular case; and ( b ) is a citizen or permanent resident of Singapore. [6/2016] (5A) Despite subsections (2), (3) and (4), the Scheme — ( a ) applies to a member whose application to join the Scheme has been approved under subsection (5); and ( b ) ceases to apply to that member only when the Board’s approval under subsection (5) is cancelled under subsection (5B). [6/2016] (5B) The Board may cancel an approval given under subsection (4) or (5) — ( a ) if the member does not comply with any terms or conditions imposed by the Board; or ( b ) in any other circumstances prescribed by the Minister in the relevant regulations. [6/2016] (5C) Where the Board cancels an approval given under subsection (4) or (5), the Board may specify the time (on or after the time of occurrence of the circumstances, referred to in subsection (4) or (5), as the case may be, which gave rise to the cancellation) that the cancellation takes effect. [6/2016] (5D) Where the Board is satisfied that a member is not a citizen or permanent resident of Singapore — ( a ) the Scheme ceases to apply to the member; and ( b ) the member’s annuity plan (if any) is deemed to be terminated, within the period prescribed in the relevant regulations. [Act 36 of 2023 wef 01/04/2024] (5E) The period prescribed for the Scheme to cease or the annuity plan to be terminated under subsection (5D) may differ for different classes of members. [Act 36 of 2023 wef 01/04/2024] (6) Subject to subsection (7), sections 27N and 27P and the relevant regulations, where a relevant member has paid a premium and an annuity plan has been issued to him or her, then for so long as the annuity plan remains in force and he or she is alive, the Board must pay to him or her such monthly income as the Minister may determine, starting in or after the month in which the relevant member attains the relevant age applicable to him or her. [23/2012; 43/2017] (7) The Board is not required to pay a relevant member an amount due to the relevant member under subsection (6) if, at the time the amount is due, the relevant member fails to satisfy the Board, in accordance with the relevant regulations, that he or she is alive. (8) Subject to sections 27N and 27P, no monthly income paid to a relevant member under subsection (6) is — ( a ) liable to be attached, sequestered or levied upon for or in respect of any debt or claim; ( b ) subject to any set-off of any nature for any debt owing by the relevant member; or ( c ) to pass to the Official Assignee on the bankruptcy of the relevant member. (9) In this section — “assessment date” means — ( a ) for a member who attains 55 years of age on or after 1 January 2013 but before 1 May 2016, the date the member attains 55 years of age or any other time prescribed in the relevant regulations for the purposes of subsection (2)( b ); or ( b ) for a member who attains 55 years of age on or after 1 May 2016, the time prescribed in the relevant regulations for the purposes of subsection (2)( b ); “excluded member” means a member — ( a ) who belongs to any class of members prescribed under the relevant regulations for the purposes of subsection (3); or ( b ) whose application under subsection (4) has been approved by the Board and the approval remains in force. [6/2016]


document_id: cpfa-1953
provision_ref: s27L
chapter: PART 3B - LIFELONG INCOME SCHEME
section: 27L
title: Premium
content:
27L. —(1) Every relevant member must pay a premium of such amount as the Minister may determine, and the Minister may determine different premiums for different classes of relevant members. (1A) Where a relevant member has been issued an annuity plan before such time as may be prescribed in the relevant regulations, he or she must, if required by the Board, pay one or more additional premiums, each within such time as the Board may determine and of such amount as the Minister may determine, and the Minister may determine different additional premiums for different classes of relevant members. [23/2012] (2) Despite anything in this Act, the Board is entitled to deduct the whole or any part of the premium payable by a relevant member from the amount standing to the relevant member’s credit in his or her retirement account. (3) Where any deduction has been made by the Board under subsection (2), the Board must as soon as practicable give to the relevant member a written notice to that effect. (4) The Board may permit a relevant member to pay the whole or any part of the premium in such other manner and within such time as the Board may determine. (5) Subject to subsection (7) and sections 27N and 27P, where the Board is liable to refund the whole or any part of the premium paid by a relevant member, the Board may pay the amount to be refunded (including any goodwill sum the Board may, in its discretion, determine) — ( a ) into the relevant member’s account in the Fund; or ( b ) in such other manner as the Board may determine. [Act 36 of 2023 wef 01/04/2024] (6) Subject to subsection (7) and sections 27N and 27P, no amount refunded under subsection (5)( a ) is — ( a ) liable to be attached, sequestered or levied upon for or in respect of any debt or claim; ( b ) subject to any set-off of any nature for any debt owing by the relevant member; or ( c ) to pass to the Official Assignee on the bankruptcy of the relevant member. (7) The Board is entitled to recover on behalf of the Government any cash grant made by the Government to a relevant member for the payment of the premium, together with any interest which the relevant member is liable to pay the Government under the terms of the cash grant, from any amount to be refunded mentioned in subsection (5). [Act 36 of 2023 wef 01/04/2024] (8) Where a relevant member who has paid in cash any sum towards the premium dies before an annuity plan has been issued to him or her, and the sum does not exceed such amount as the Minister may specify — ( a ) the Board may pay to a proper claimant the whole or any part, as the Board may determine, of the sum; and ( b ) the receipt of the proper claimant is a discharge to the Board for the payment to the proper claimant under paragraph ( a ). [Act 39 of 2021 wef 01/04/2022] (9) Subsection (8) does not affect any recourse which any person may have against a proper claimant for an amount paid to the proper claimant under subsection (8)( a ). (10) In this section — “child” means a legitimate child and includes any child adopted by virtue of an order of court under any written law for the time being in force in Singapore, Malaysia or Brunei Darussalam; “parent” includes an adoptive parent; “proper claimant” means a person who — ( a ) claims to be entitled to a sum referred to in subsection (8) on the death of a relevant member as executor of the deceased relevant member; or ( b ) claims to be entitled to a sum referred to in subsection (8) on the death of a relevant member (whether for his or her own benefit or not), and is the widower, widow, child, grandchild, parent, brother, sister, nephew, niece, grandparent, uncle or aunt of the deceased relevant member. [23/2012]


document_id: cpfa-1953
provision_ref: s27M
chapter: PART 3B - LIFELONG INCOME SCHEME
section: 27M
title: Minister may delegate functions and powers under sections 27K(6) and 27L(1) and (1A)
content:
27M. The Minister may in writing delegate to the Board, or to any person or group of persons appointed by the Minister, all or any of the Minister’s functions and powers under sections 27K(6) and 27L(1) and (1A).


document_id: cpfa-1953
provision_ref: s27N
chapter: PART 3B - LIFELONG INCOME SCHEME
section: 27N
title: Establishment of Lifelong Income Fund
content:
27N. —(1) The Board must establish and maintain a fund called the Lifelong Income Fund, into which all premiums collected under section 27L are to be paid, and out of which all payments to be made by the Board under this Part (including any costs and expenses incurred by the Board in establishing and maintaining the Scheme) are to be met. (2) The Lifelong Income Fund is controlled and administered by the Board. (3) The moneys in the Lifelong Income Fund may be invested by the Board in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. (4) Where a member is not entitled to any amount paid to him or her, or into his or her account in the Fund, under or purportedly under section 27K(6) or 27L(5), the Board may recover that amount — ( a ) from any money standing to the member’s credit in the Fund; or ( b ) on the member’s death, despite section 24(3A), from — (i) his or her estate; (ii) the moneys payable out of the Fund on his or her death; or (iii) any person to whom any moneys referred to in sub‑paragraph (ii) have been paid. (5) Subsection (4) is without prejudice to any other right of action which the Board may have under any written law or rule of law. (6) Any money recovered by the Board under subsection (4) must be refunded to the Lifelong Income Fund. (7) Despite anything in this Part or the relevant regulations, the Board must not make any payment under this Part unless the Lifelong Income Fund is solvent.


document_id: cpfa-1953
provision_ref: s27O
chapter: PART 3B - LIFELONG INCOME SCHEME
section: 27O
title: Non-application of Insurance Act 1966
content:
27O. The Insurance Act 1966 does not apply to the Scheme or to anything done by the Board under this Part.


document_id: cpfa-1953
provision_ref: s27P
chapter: PART 3B - LIFELONG INCOME SCHEME
section: 27P
title: Order of court for payment of moneys received by relevant member under Scheme
content:
27P. —(1) Subject to section 27N and subsection (2), where, under an order of court, the spouse of a relevant member has been awarded any amount to be paid to the relevant member under section 27K(6) or 27L(5), the Board must pay the amount to the spouse, such payment to take place — ( a ) after the relevant member has become entitled to the amount; and ( b ) upon an application by the spouse for the payment of the amount. (2) Subject to section 27N, where the amount to be paid to the relevant member under section 27K(6) or 27L(5) is less than the amount awarded under the order of court, the Board must pay the firstmentioned amount instead of the amount awarded under the order of court. (3) A payment of money by the Board under subsection (1) or (2) — ( a ) is a good and valid discharge of the Board’s obligations under the order of court; but ( b ) does not affect any recourse which the spouse may have against the relevant member for the balance of the amount awarded under the order of court. (4) Where an order of court requires the Board to do anything — ( a ) the Board is not liable to give effect to that requirement unless the order of court has been served on the Board in such manner as may be prescribed by the relevant regulations; and ( b ) the Board is not liable for any act or omission of the Board contrary to that requirement which was committed on or before the date of such service. (5) Where an order of court requires the Board to do anything in contravention of this Act, the Board is not liable to give effect to that requirement. (6) In this section, “order of court” and “spouse” have the meanings given by section 27A.


document_id: cpfa-1953
provision_ref: s27Q
chapter: PART 3B - LIFELONG INCOME SCHEME
section: 27Q
content:
27Q. —(1) The Minister may make such regulations as are necessary or expedient for the purpose of carrying out the provisions of this Part and section 6(4B)( a )(ii). [23/2012] (2) Without limiting subsection (1), such regulations may — ( a ) provide for different classes of relevant members; ( b ) provide for the manner of, and time for, payment of the premium by each class of relevant members; ( c ) provide for the manner by which a relevant member may designate his or her relevant age; ( d ) provide for the different types of annuity plans which a relevant member may apply for under the Scheme; ( da ) provide for the cancellation or termination of annuity plans, and for the manner in which a relevant member may apply to terminate an annuity plan issued to him or her; ( db ) provide for the circumstances in which the Board is liable to refund the whole or any part of the premium paid by a relevant member; ( e ) provide for the manner by which the Board will pay a relevant member his or her monthly income under section 27K(6) or any amount to be refunded to him or her; ( ea ) without limiting paragraph ( e ), provide for the Board to pay a relevant member’s monthly income under section 27K(6), or any amount to be refunded to a relevant member, into the relevant member’s account in the Fund, and for the circumstances in which payment will be made to a relevant member in this manner; ( f ) provide for the manner by which a relevant member is to satisfy the Board that he or she is alive; ( g ) provide for the withdrawal of any amount paid into a relevant member’s account in the Fund under section 27L(5)( a ); ( h ) without affecting section 27L(8) and without limiting paragraph ( db ), provide for the refund of the whole or any part of the premium on account of the death of a relevant member, and for the circumstances in which no such refund will be made; [Act 36 of 2023 wef 01/07/2024] ( i ) empower the Board to impose terms and conditions for the purposes of the Scheme; ( j ) prescribe the evidence to be produced, and the person, officer or authority to whom that evidence is to be produced, for the purposes of this Part; ( k ) provide for the information, evidence and documents that the Board may require a relevant member to furnish for the purposes of this Part; ( l ) provide for the manner in which, and the processes (apart from those referred to in section 27N) by which, any amount received by a member (being an amount to which he or she is not entitled), or any part thereof, is to be recovered, including recovery from — (i) any money standing to the member’s credit in the Fund; or (ii) any monthly income under section 27K(6) which the member may be entitled to receive subsequently; ( m ) provide for the purposes of section 27P and, in particular, prescribe the procedure and requirements for and manner of effecting, and any other matter relating to, the payment of money under that section; and ( n ) prescribe anything which under this Part or section 6(4B)( a )(ii) may be prescribed by the Minister. [23/2012] (3) Different times may be prescribed for different classes of members for the purposes of paragraphs ( a ) and ( b ) of the definition of “assessment date” in section 27K(9). [6/2016] (4) Different amounts may be prescribed for different classes of members for the purposes of section 27K(2)( b )(iii). [6/2016]


document_id: cpfa-1953
provision_ref: s28
chapter: PART 4 - HOME PROTECTION INSURANCE SCHEME
section: 28
title: Interpretation of this Part
content:
28. —(1) In this Part — “approved mortgagee” means a mortgagee approved by the Minister by notification in the Gazette ; “assessed risk” means the risk that a person’s health condition may result in death or incapacity, as assessed by the Board; [Act 33 of 2024 wef 26/05/2025] “Home Protection Fund” means the Home Protection Fund established and maintained by the Board under section 33(1); [ Deleted by Act 39 of 2021 wef 01/03/2022 ] “incapacitated” means suffering from — ( a ) a total permanent disability; or ( b ) a terminal illness which arises on or after 1 May 2016, and “incapacity” is to be construed accordingly; “insured sum” means the sum prescribed in regulations made under this Part which is payable on the death or incapacity of a Scheme member; “member of the Scheme” or “Scheme member” means a person who is insured under the Scheme; “premium” means the premium payable by a member of the Scheme; “premium loading” means any additional amount payable as a premium imposed in accordance with section 32A, over and above the premium payable by a member of the Scheme under section 32(1); [Act 33 of 2024 wef 26/05/2025] “Scheme” means the Home Protection Insurance Scheme established and maintained by the Board under section 29(1); “terminal illness” means any illness that a registered medical practitioner under the Medical Registration Act 1997 certifies is expected to result in death within 12 months; “total permanent disability” means — ( a ) being physically or mentally incapacitated from ever continuing in any employment; or ( b ) the total or permanent loss, which arises on or after 1 May 2016, of the physical function of — (i) 2 eyes; (ii) 2 limbs; or (iii) one eye and one limb. [6/2016] (2) Except where expressly provided in this Part, the provisions of this Part apply (so far as relevant), with such exceptions, modifications and adaptations as the Minister may by order in the Gazette prescribe, in relation to any housing accommodation sold or to be sold by an approved developer under Part 4B of the Housing and Development Act 1959. (3) An order made under subsection (2) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: cpfa-1953
provision_ref: s29
chapter: PART 4 - HOME PROTECTION INSURANCE SCHEME
section: 29
title: Establishment of Home Protection Insurance Scheme
content:
29. —(1) The Board is authorised to establish and maintain a Home Protection Insurance Scheme to provide for an insured sum to be paid in respect of any person who is a Scheme member, in accordance with the provisions of this Part, on the person’s death or incapacity at any time during the period in which the person is insured under the Scheme. [6/2016] (2) Subject to section 31, the Scheme applies to every member who has withdrawn moneys standing to the member’s credit in the Fund to repay any instalment of housing loan taken by the member from a Housing Authority or an approved mortgagee for the purchase of any immovable property from a Housing Authority. (3) The Board may permit any person who has purchased from a Housing Authority an immovable property jointly with a member of the Fund to join the Scheme subject to such term, condition and restriction as the Board may impose. (4) The Board may, on the application being made to it by a member, exempt the member from the Scheme. (4A) Any exemption by the Board under subsection (4) is subject to such terms and conditions as the Minister may prescribe. (5) The Scheme does not apply to — ( a ) any member if he or she is 65 years of age or above or such other age as the Minister may prescribe at the time the member is required to join the Scheme; [Act 36 of 2023 wef 01/04/2024] ( aa ) any member who is not a citizen or permanent resident of Singapore at the time the member is required to join the Scheme; and [Act 36 of 2023 wef 01/04/2024] ( b ) any member or class of members whom the Minister may, by notification in the Gazette , specify. (5A) Despite subsection (5), the Scheme does not apply to any member who is 60 years of age or above but below 65 years of age on 1 March 2001 unless that member opts, in such manner as the Board may determine, to join the Scheme. (6) Any person who became a member of the Scheme prior to 1 March 1988 continues to be a member of the Scheme subject to the same term, condition and restriction which were in force before that date. (7) The Board may, subject to such terms, conditions and restrictions as the Board may impose, issue to a member a cover under the Scheme, or cancel, terminate or reinstate a member’s cover under the Scheme in such circumstances as may be prescribed by regulations made under this Part. [23/2012; 6/2016] [Act 36 of 2023 wef 01/04/2024] (8) Where the Board is satisfied that a member of the Scheme is not a citizen or permanent resident of Singapore, the member’s cover under the Scheme is deemed to be terminated at the time prescribed by regulations made under section 39. [Act 36 of 2023 wef 01/04/2024] (9) The time prescribed for the termination under subsection (8) may differ for different classes of members. [Act 36 of 2023 wef 01/04/2024]


document_id: cpfa-1953
provision_ref: s30
chapter: PART 4 - HOME PROTECTION INSURANCE SCHEME
section: 30
title: Double insurance cover under Scheme prohibited
content:
30. —(1) No person is to be insured under the Scheme for more than one immovable property at the same time. (2) Where a member who is insured under the Scheme in respect of any immovable property purchases another immovable property from a Housing Authority, the member, despite anything in this Act or in regulations made under this Part, ceases to be covered under the Scheme in respect of the firstmentioned immovable property immediately upon the commencement of cover under the Scheme in respect of the second‑mentioned immovable property. (3) Where a member’s cover under the Scheme in respect of any immovable property ceases by virtue of subsection (2), the Board must refund to the member or pay to such other person as may be prescribed by regulations made under this Part, subject to such terms and conditions as the Board may impose and in such manner as may be prescribed by those regulations, an amount representing the surrender value of that cover or the unexpired portion of that cover (if any) calculated in accordance with those regulations as if the member had redeemed the housing loan on that property on the date of the cessation of that cover. [23/2012] (4) Where before 1 August 1998 a member is insured under the Scheme in respect of 2 immovable properties at the same time — ( a ) the member’s cover under the Scheme in respect of the immovable property purchased by the member earlier (called in this subsection the earlier property) ceases on that date; and ( b ) the Board must refund to the member or pay to such other person as may be prescribed by regulations made under this Part, subject to such terms and conditions as the Board may impose and in such manner as may be prescribed by those regulations, an amount representing the surrender value of that cover (if any) calculated in accordance with those regulations as if the member had redeemed the housing loan on the earlier property on that date. [23/2012]


document_id: cpfa-1953
provision_ref: s31
chapter: PART 4 - HOME PROTECTION INSURANCE SCHEME
section: 31
title: Health condition of member of Scheme
content:
31. —(1) Subject to subsection (2), a person is not entitled to join the Scheme if the Board is not satisfied that the person is in good health at the time the insurance cover under the Scheme is to commence. [6/2016] (2) The Board may, on the application of a person who is not entitled to join the Scheme solely by reason of subsection (1), permit the person to join the Scheme, subject to such terms and conditions as the Board may impose either generally or in a particular case. [6/2016] (2A) The terms and conditions mentioned in subsection (2) may provide for all or any of the following matters: ( a ) exclude coverage for claims arising from any of the person’s pre-existing health conditions; ( b ) impose premium loading; ( c ) any other matter prescribed by regulations made under section 39. [Act 33 of 2024 wef 26/05/2025] (3) A member of the Scheme or person who wishes to join the Scheme must — ( a ) if required by the Board, undergo such medical examination as the Board thinks fit; and ( b ) disclose to the Board such facts or information concerning his or her health as the Board may require. [Act 33 of 2024 wef 26/05/2025]


document_id: cpfa-1953
provision_ref: s32
chapter: PART 4 - HOME PROTECTION INSURANCE SCHEME
section: 32
title: Premium
content:
32. —(1) Every member of the Scheme must pay a premium of an amount prescribed by regulations made under this Part. (2) Despite anything in this Act, the Board is entitled to deduct the amount of the premium payable by a member of the Scheme from the contributions standing to the credit of that member in the Fund and where any such deduction has been made by the Board, the Board must as soon as practicable give to the member concerned written notice to that effect. (3) The deduction referred to in subsection (2) has priority to the deductions which the Board is authorised to make under all other provisions of this Act except section 27B. (4) Where any premium payable by a Scheme member is not paid in the manner or within the time prescribed by regulations made under section 39, either or both of the following apply: ( a ) the Board may deduct the unpaid amount (in whole or in part) from any payment from the insured sum which the Board may make under the Scheme under section 36(1), (2) or (6); ( b ) the unpaid amount (in whole or in part) may be paid in such other manner and within such time as the Board may allow. [Act 33 of 2024 wef 26/05/2025] (5) Where a joint owner of an immovable property is insured under the Scheme, the Board may (on such terms and conditions as the Board may impose) permit such other joint owner of the immovable property to use his or her contributions in the Fund to pay for the whole or part of the premium which the firstmentioned joint owner is liable to pay under the Scheme. [6/2016] (6) The other joint owner referred to in subsection (5) — ( a ) need not be insured under the Scheme; and ( b ) must satisfy such other criteria as the Board may determine. [6/2016]


document_id: cpfa-1953
provision_ref: s32A
chapter: PART 4 - HOME PROTECTION INSURANCE SCHEME
section: 32A
title: Premium loading
content:
32A. —(1) The Board may impose premium loading as a term and condition under section 31(2A) if — ( a ) the person’s assessed risk exceeds the threshold determined by the Board; and ( b ) the Board is satisfied that any other criteria determined by the Board, which may affect the person’s health, are met. (2) If the Board is satisfied that a member’s assessed risk has been reduced, the Board may reduce or waive the premium loading payable by the member. (3) Where the member applies to adjust his or her existing insurance cover under the Scheme, the Board may allow the adjustment with an increase in the amount of premium loading payable by the member if the member’s assessed risk has increased. (4) Sections 32 (except for subsection (1)), 33 and 37 apply to a member’s premium loading as if references to premiums include the amount of the member’s premium loading. [Act 33 of 2024 wef 26/05/2025]


document_id: cpfa-1953
provision_ref: s33
chapter: PART 4 - HOME PROTECTION INSURANCE SCHEME
section: 33
title: Establishment of Home Protection Fund
content:
33. —(1) The Board must establish and maintain a fund called the Home Protection Fund into which all premiums collected under this Part are to be paid, and out of which all payments to be paid by the Board under the Scheme (including any costs and expenses incurred by the Board in establishing and maintaining the Scheme) are to be met. (2) The Home Protection Fund is controlled and administered by the Board. (3) Every amount paid by the Board out of the Home Protection Fund before 30 December 2011 to defray the costs and expenses incurred by the Board in establishing and maintaining the Scheme is deemed to be and always to have been validly paid, and no legal proceedings shall lie or be instituted or maintained in any court of law on account of or in respect of any such payment. 34. [ Repealed by Act 39 of 2000 ] 35. [ Repealed by Act 39 of 2000 ]


