National Savings Fund Act

National Savings Fund (Claims and Payment) Regulations 1997

[GN 76 of 1997 – 1 July 1995] [Section 24]

1. These regulations may be cited as the National Savings Fund (Claims and Payment) Regulations 1997.

2. In these regulations –

"Act" means the National Savings Fund Act;

"actuary" means an actuary designated by the Minister under regulation 3(a);

"awarding officer" means a public officer designated as such by the Minister under regulation 3(b);

"benefit" means a benefit which an employee may obtain by virtue of any scheme operated under section 4(b) of the Act;

"claim" means an application by a claimant requesting payment of a lump sum or benefit;

"claimant" means an employee or the legal representative of an employee making a claim.

[Reg. 2 amended by reg. 3 of GN 2 of 2001 w.e.f. 1 July 1995; reg. 3 of GN 2 of 2001 w.e.f. 1 July 1995; s. 15(7) of Act 3 of 2007 w.e.f. 1 March 2007; s. 70(8) of Act 33 of 2008 w.e.f. 2 February 2009.]

3. The Minister shall designate –

(a) one or more actuaries whose duty shall be to determine, on the basis of returns arising from the investment of sums from the Fund, the rate of interest to be paid to claimants; and

(b) one or more awarding officers who shall have such duties as are specified in these regulations.

4. (1) Every employee wishing to make a claim shall, on a form approved by the Minister, submit his claim to an awarding officer for determination.

(2) An awarding officer shall, in writing, communicate to a claimant his decision in respect of a claim under paragraph (1) together with the reasons for that decision.

5. (1) An awarding officer may make a temporary award of a claim to a lump sum or benefit on information available at the time of the claim.

(2) An awarding officer shall make a final award of a claim to a lump sum or benefit where he is satisfied that all information relevant for the purpose of determining the claim is available.

6. (1) A claim shall not be considered by an awarding officer where the claim is made within 6 months from the date on which a previous claim by the same claimant has been disallowed.

(2) Notwithstanding paragraph (1), an awarding officer may consider a fresh claim within the period specified in that paragraph where he is satisfied that there are good and sufficient grounds for doing so.

(3) Where a claim for a lump sum has been awarded, no further claim in respect of the same employee shall be considered except –

 (a) on the death of the employee; or

 (b) on his attaining the retirement age,

whichever is earlier.

[Reg. 6 amended by reg. 4 of GN 2 of 2001 w.e.f. 1 July 1995; reg. 3 of GN 11 of 2013 w.e.f. 1 January 2013.]

7. (1) An awarding officer may amend a decision taken in respect of a claim where he is satisfied that there has been –

 (a) a material change in the circumstances of that claim; or

 (b) a mistake relating to a material fact.

(2) An awarding officer shall, in writing, communicate to a claimant a decision to amend a claim under paragraph (1) together with the reasons for that decision.

8. (1) Where a decision has been amended under regulation 7 and, by reason of that amendment, it appears that a claimant has received payment to which he is not entitled, an awarding officer shall require the claimant to refund the amount so paid.

(2) An awarding officer may, where appropriate, direct that any payment effected to a claimant under paragraph (1) be recovered by deducting it from any subsequent payment of a lump sum or benefit to which the claimant is entitled.

9. (1) An awarding officer may, at any stage while processing a claim, require a claimant to furnish such additional information and to produce such documents as would enable him to determine the claim.

(2) Where a claimant does not produce information or documents required by an awarding officer under paragraph (1), the latter may, as the case may be –

 (a) defer further consideration of the claim;

 (b) determine the claim on the information available; or

 (c) withhold payment which a claimant has applied for.

(3) An awarding officer shall, in writing, communicate to a claimant a decision taken under paragraph (2), together with the reasons for that decision.

10. 

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National Savings Fund (Collection of Contributions) Regulations 1997

[GN 75 of 1997 – 1 July 1995] [Section 24]

1. These regulations may be cited as the National Savings Fund (Collection of Contributions) Regulations 1997.

2. In these regulations –

"Act" means the National Savings Fund Act;

"approved form" means a form approved by the Minister;

"approved magnetic medium" means such magnetic medium as the Minister may approve;

"authorised officer" means a public officer authorised by the Minister to do such acts or things as are specified in these regulations;

"domestic service" –

(a) means employment in a private household; and

(b) includes employment as cook, driver, gardener, sick-nurse, maid or seamstress;

"national identity number" –

(a) means the number specified in the identity card issued pursuant to section 5 of the National Identity Card Act; or

(b) the number allocated by the Minister to an insured person who is not eligible to an identity card issued pursuant to section 5 of the National Identity Card Act;

"overpayment" –

(a) means payment of contributions made in respect of –

 (i) employees under age of 18;

 (ii) employees over the retirement age;

 (iii) persons for whom no contribution is due; and

(b) includes any amount of contribution made by an employer on wage or salary which is in excess of the maximum basic wage or salary specified in the First Schedule;

"portage bill" means a paysheet prepared in relation to a seaman who is remunerated otherwise than on a monthly basis;

"premises" –

(a) means any place at which a visiting officer has reason to believe a person is or has been employed; but

(b) does not include any premises used exclusively as a dwelling house;

"visiting officer" means a public officer designated as such by the Minister;

"year" means the period starting on 1 July and ending 30 June.

[Reg. 2 amended by reg. 3(a) of GN 39 of 2001 w.e.f. 28 April 2001; reg. 3 of GN 103 of 2002 w.e.f. 1 July 2002; reg. 3 of GN 10 of 2013 w.e.f. 1 January 2012.]

3. (1) Where an employer has elected a mode of payment for contributions payable in respect of an employee, the employer shall not, in the course of the financial year during which the contribution is payable, change the mode of payment adopted.

(2) Subject to paragraph (4) where an employer elects to pay by a mode of payment specified in section 5(b) of the Act, the contribution payable in respect of an employee may be rounded to the nearest rupee as specified in the Second Schedule.

(3) No contribution shall be payable by an employer in respect of an employee whose basic wage or salary is less than the amount specified in the Third Schedule.

(4) Where payment of contributions is effected electronically through a computer system approved by the Minister –

 (a) section 5(a) of the Act shall not apply;

 (b) the contribution in the respect of every employee shall be calculated in accordance with section 5(b) of the Act; and

 (c) the contribution calculated under subparagraph (b) shall be rounded to the next rupee, except that any fraction of a rupee which is less than 50 cents shall be disregarded.

[Reg. 3 amended by reg. 3(b) of GN 39 of 2001 w.e.f. 28 April 2001; reg. 4 of GN 103 of 2002 w.e.f. 1 July 2002.]

4. (1) For the purpose of calculating contributions, the employer shall elect to pay the basic wage or salary of an employee on the basis of one of the following pay periods –

 (a) weekly;

 (b) fortnightly;

 (c) half-monthly; or

 (d) monthly.

(2) Where an employer pays an employee basic wage or salary more than once during a pay period, the payments so made shall be treated as one single basic wage or salary for that pay period.

5. (1) Where, in a pay period, an employer pays an employee a basic wage or salary which would normally have been paid in another pay period, the contributions shall be calculated as if the basic wage or salary has been paid in the pay period in which it ought to have been paid.

(2) (a) Where a pay period is changed to a longer period, the employer may aggregate the basic wage or salary paid within the first new pay period with the last payment of the previous pay period and treat them as one single wage or salary for the new pay period.

(b) Where a pay period is changed to a shorter pay period, the new pay period shall apply only to basic wage or salary paid after the date of the change.

6. (1) Subject to paragraph (6), an employer shall keep a record of the contributions payable in respect of an employee for every pay period.

(2) The record under paragraph (1) shall be kept –

 (a) in an approved form; or

 (b) in such manner as the employer, with the prior approval of the Minister, may determine.

(3) The Minister shall not grant approval under paragraph 2(b) unless the record kept by the employer includes the following information –

 (a) in relation to the employee –

  (i) the name;

  (ii) the address;

  (iii) the occupation;

  (iv) the national identity number;

  (v) the basic wage or salary; and

  (vi) the contribution payable; and

 (b) in relation to the employer –

  (i) the name;

  (ii) the address;

  (iii) the trade or business; and

  (iv) the National Pensions Registration number.

(4) An employer who has paid an

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