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Members of Parliament (Remuneration) Act 1980

LAWS OF MALAYSIA

REPRINT

Act 237

MEMBERS OF PARLIAMENT

(REMUNERATION) ACT 1980

Incorporating all amendments up to 1 January 2006 PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

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MEMBERS OF PARLIAMENT (REMUNERATION)

ACT 1980

Date of Royal Assent ... ... ... ... ... 31 July 1980 Date of publication in the Gazette ... ... 7 August 1980 PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

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LAWS OF MALAYSIA

Act 237

MEMBERS OF PARLIAMENT (REMUNERATION)

ACT 1980

ARRANGEMENT OF SECTIONS

Section

1. Short title

2. Interpretation

3. Remuneration of Members of Parliament

4. Remuneration of President of Senate, Speaker, etc.

5. Other allowances and privileges for persons under sections 3 and 4

6. Remuneration of Members of the Administration

7. Commencement of salaries and allowances

8. Pensions and gratuities

9. Accident benefits

10. Reduction of allowances by Parliament

11. Provision against duplicate salaries

12. Moneys to be provided or charged

13. Repeal and savings

14. Repeal FIRST SCHEDULE

SECOND SCHEDULE

4 Laws of Malaysia ACT 237

Members of Parliament (Remuneration) 5

LAWS OF MALAYSIA

Act 237

MEMBERS OF PARLIAMENT (REMUNERATION)

ACT 1980

An Act to provide for the remuneration of Members of Parliament and for other matters incidental thereto or connected therewith. [1 July 1980]

BE IT ENACTED by the Seri Paduka Baginda Yang

di-PertuanAgong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

Short title

1. This Act may be cited as the Members of Parliament (Remuneration) Act 1980.

Interpretation

2. In this Act, unless the context otherwise requires-- "Member" means a Member of the Administration, a Member of Parliament, the President and Deputy President of the Senate and the Speaker and Deputy Speaker of the House of Representatives; "Member of the Administration" has the meaning assigned to it in Clause (2) of Article 160 of the Constitution but does not include a Political Secretary;

"Member of Parliament" means a member of the Senate or the House of Representatives.

6 Laws of Malaysia ACT 237

Remuneration of Members of Parliament

3. (1) The remuneration of Members of Parliament shall consist of--

(a) in the case of a member of the Senate, a monthly allowance of four thousand one hundred and twelve ringgit and seventy-nine sen;

(b) in the case of a member of the House of Representatives, a monthly allowance of six thousand five hundred and eight ringgit and fifty-nine sen.

(2) Where a Member of Parliament is designated as Leader of the Opposition, he shall be entitled, in addition to the monthly allowance specified in paragraph (1)(b), to a monthly allowance of three thousand eight hundred and fourty-six ringgit and fifty-nine sen.

Remuneration of President of Senate, Speaker, etc.

4. The remuneration of the President and Deputy President of the Senate and the Speaker and Deputy Speaker of the House of Representatives shall consist of--

(a) in the case of the President of the Senate, a monthly salary of fourteen thousand two hundred and nineteen ringgit and ninety-two sen in addition to the monthly allowance payable to him as a member of the Senate as specified in paragraph 3(1)(a);

(b) in the case of the Speaker of the House of Representatives, a monthly salary of fourteen thousand two hundred and nineteen ringgit and ninety-two sen in addition to the monthly allowance payable to a member of the House of Representatives as specified in paragraph 3(1)(b) irrespective of whether or not the Speaker is a member of the House of Representatives;

(c) in the case of the Deputy President of the Senate, a monthly salary of nine thousand six hundred and eighty ringgit in addition to the monthly allowance payable to him as a member of the Senate as specified in

paragraph 3(1)(a);

Members of Parliament (Remuneration) 7

(d) in the case of the Deputy Speaker of the House of Representatives, a monthly salary of nine thousand six hundred and eighty ringgit in addition to the monthly allowance payable to him as a member of the House of Representatives as specified in paragraph 3(1)(b). Other allowances and privileges for persons under sections 3 and 4

5. In addition to the allowances payable under section 3 and the salaries and allowances payable under section 4, the persons specified in those sections shall also be entitled to such other allowances and privileges at such rates and on such terms and conditions as may be directed by the Yang di-Pertuan Agong and such direction shall be laid before each House of Parliament.

Remuneration of Members of the Administration

6. (1) The remuneration of the Members of the Administration shall consist of--

(a) in the case of the Prime Minister, a monthly salary of twenty-two thousand eight hundred and twenty-six ringgit and seventy-five sen;

(b) in the case of the Deputy Prime Minister, a monthly salary of eighteen thousand one hundred and sixty-eight ringgit and fifteen sen;

(c) in the case of a Minister, a monthly salary of fourteen thousand nine hundred and seven ringgit and twenty sen; (d) in the case of a Deputy Minister, a monthly salary of ten thousand eight hundred and forty-seven ringgit and sixty- five sen;

(e) in the case of a Parliamentary Secretary, a monthly salary of seven thousand one hundred and eighty-seven ringgit and fourty sen.

(2) (a) Where a Member of the Administration is a member of the Senate, he shall be entitled, in addition to the salary specified in subsection (1), to the monthly allowance payable to him as a member of the Senate as specified in paragraph 3(1)(a). (b) Where a Member of the Administration is a member of the House of Representatives, he shall be entitled, in addition to the salary specified in subsection (1), to the monthly allowance payable to him as a member of the House of Representatives as specified in paragraph 3(1)(b).

8 Laws of Malaysia ACT 237

(3) Where a Member of the Administration is designated as Leader of the House of Representatives, he shall be entitled, in addition to the salary specified in subsection (1) and the monthly allowance specified in paragraph 3(1)(b), to a monthly allowance of three thousand eight hundred and forty-six ringgit and fifty-nine sen.

(4) Where a Member of the Administration is designated as Deputy Leader of the House of Representatives, he shall be entitled, in addition to the salary specified in subsection (1) and the monthly allowance specified in paragraph 3(1)(b), to a monthly allowance of one thousand nine hundred and eighty-three ringgit and nine- teen sen.

(5) A member of the Administration shall also be entitled to such other allowances and privileges at such rates and on such terms and conditions as may be specified by the Cabinet from time to time.

Commencement of salaries and allowances

7. All monthly salaries and allowances specified in subsections 3(1) and (2), section 4 and subsections 6(1), (2), (3) and (4) and payable shall--

(a) commence from the date of the coming into force of this Act, or from the date of appointment or election, whichever is the later, of the Member of Parliament, the President or Deputy President of the Senate, the Speaker or Deputy Speaker of the House of Representatives, the Members of the Administration, the Leader or Deputy Leader of the House of Representatives or the Leader of the Opposition, as the case may be;

(b) accrue from day to day and be payable on the last day of each month or on such other day of the month as the Minister of Finance may determine from time to time. Pensions and gratuities

8. A Member shall be entitled to such pension, gratuity and other benefits as are prescribed in the First Schedule. Accident benefits

9. A Member shall be entitled to such accident benefits as are prescribed in the Second Schedule.

Members of Parliament (Remuneration) 9

Reduction of allowances by Parliament

10. The amounts specified in or under this Act as being the amount of any salaries, allowances or benefits payable out of moneys provided by Parliament and not charged on the Consolidated Fund shall be taken to be the maximum amounts so payable, and notwithstanding the provisions of this Act or any provision made under it as to such amounts, the salaries, allowances and benefits payable in any month in respect of any office may be of lesser amounts than those specified or prescribed.

Provision against duplicate salaries

11. Unless otherwise provided, a Member to whom any salary is payable under this Act shall be entitled to receive only such salary and allowances but if he is the holder of two or more offices in respect of which a salary and allowances are so payable and there is a difference in the salaries and allowances payable in respect of those offices, the office in respect of which such salary and allowances are payable shall be in respect of which the highest salary is payable.

Moneys to be provided or charged

12. (1) Subject to subsections (2) and (3), the salaries, allowances and benefits payable under this Act shall be paid out of moneys provided by Parliament.

(2) The remuneration of the President of the Senate and the Speaker of the House of Representatives shall be charged on the Consolidated Fund.

(3) Pensions and gratuities payable under the provisions of the First Schedule shall be charged on the Consolidated Fund. Repeal and savings

13. The Members of the Administration and Members of Parliament (Pensions and Gratuities) Act 1971 [Act 23] is repealed: Provided that where a person or his dependent was in receipt of a pension or derivative pension, as the case may be, under the provisions of that Act, such pension or derivative pension shall be recomputed under paragraph 20 of the First Schedule and shall continue to be payable under the provisions of that Schedule. 10 Laws of Malaysia ACT 237

Repeal

14. The following laws are repealed: (a) Ministers (Remuneration) Ordinance 1957 [Ord. 63 of 1957];

(b) President of the Senate (Remuneration) Act 1960 [Act 2 of 1960];

(c) Parliament (Members' Remuneration) Act 1960 [Act 4 of 1960];

(d) Deputy Ministers Act 1960 [Act 5 of 1960];

(e) Speaker (Remuneration) Act 1960 [Act 7 of 1960]; (f) Parliamentary Secretaries (Remuneration) Act 1965 [Act 32 of 1965].

Members of Parliament (Remuneration) 11

FIRST SCHEDULE

[Sections 8, 10, 12 and 13]

Interpretation

1. In this Schedule, unless the context otherwise requires-- "child" means a child of a deceased Member under the age of 21 and includes--

(i) a posthumous child, a dependant stepchild or an illegitimate child; (ii) a child adopted under any written law, custom or usage before the death of the Member; and

(iii) a child, adopted before the death of the Member whether or not under any written law, custom or usage, of a Member who professes the religion of Islam;

"Member" means a Member of the Administration as defined in Clause (2) of Article 160 of the Constitution and includes a Member of either House of Parliament and the Speaker of the House of Representatives who is not a Member of that House but does not include a Political Secretary who is not a Member of Parliament nor does it include a Member of the Administration of a State;

"reckonable service" means the period in months during which a person is a Member whether continuously or in two or more separate periods; and for the purpose of calculating the length of a Member's reckonable service, all periods of reckonable service shall be aggregated; "salary" means--

(a) in relation to a Member of Parliament, the monthly allowance payable to him under subsection 3(1);

(b) in relation to the President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House of Representatives, the sum of the monthly salary and the monthly allowance payable to him under section 4;

(c) in relation to the Prime Minister, the Deputy Prime Minister, a Minister, a Deputy Minister or a Parliamentary Secretary, the sum of the monthly salary and the monthly allowance payable to him under subsections 6(1) and (2).

Pension for Members

2. (1) A person who ceases to be a Member may be granted a pension if he has completed 36 months of reckonable service:

Provided that where a person who becomes a Member for the first time on or after 1 July 1990 ceases to be a Member upon completing thirty six months of reckonable service but has not attained the age of fifty years on the date he ceases to be a Member, he may be granted a pension only upon his thereafter attaining the age of fifty years.

12 Laws of Malaysia ACT 237

(2) The monthly pension payable under subparagraph (1) shall be calculated on the following formula:

1/144 x period of reckonable service x salary, subject to a maximum of half of salary:

Provided that the pension payable under this paragraph shall be based on the highest drawn salary of the Member during any period of reckonable service: Provided further that any reckonable service in the case of a person who ceases to be a Member either through death or dissolution of Parliament or through disqualification under paragraph (a) of Clause (1) of Article 48 of the Constitution shall, where it is less than 36 months, be deemed to be 36 months of reckonable service.

(2A) In the case of a person who becomes a Member for the first time on or after 1 July 1990 but has not attained the age of fifty years on the date he ceases to be a Member, the salary on which a pension will be granted under subparagraph (2) shall be the last revised salary before the pension is granted to him.

(3) A pension granted under this paragraph shall continue for the life of that person to whom it is payable but shall not be payable in respect of any period during which he is again a Member and is in receipt of a salary in respect thereof:

Provided that such period, subject to subparagraphs (1) and (2), shall be taken into account for calculating the pension that will be payable on his ceasing again to be a Member.

(4) In the case of a person who was a Member at any time on or after 31 August 1957 and is still living he may be granted a pension under subparagraphs (1) and (2) from the date of the coming into force of this Act based on his salary adjusted to the salary of a Member as is appropriate and in accordance with the provisions of this Schedule.

Special provisions for Minister, etc., becoming back benchers, etc.

3. (1) Notwithstanding subparagraph 2(3), a Member who does not hold the office of Prime Minister, Deputy Prime Minister, Minister, Deputy Minister, Parliamentary Secretary, President or Deputy President of the Senate, or Speaker or Deputy Speaker of the House of Representatives may be paid a pension under paragraph 2 if he had previously served as Prime Minister, Deputy Prime Minister, Minister, Deputy Minister, Parliamentary Secretary, President or Deputy President of the Senate, or Speaker or Deputy Speaker of the House of Representatives for any period:

Provided that if he ceased to be a Member and the pension he receives is less than the maximum pension payable under subparagraph 2(2), then the pension may be recomputed on the basis of his salary received as Prime Minister, Deputy Prime Minister, Minister, Deputy Minister, Parliamentary Secretary, President or Deputy President of the Senate, or Speaker or Deputy Speaker of the House of Representatives, as the case may be, and on the Members of Parliament (Remuneration) 13

reckonable service which shall include so much of the period he served as a Member, other than as Prime Minister, Deputy Prime Minister, Minister, Deputy Minister, Parliamentary Secretary, President or Deputy President of the Senate, or Speaker or Deputy Speaker of the House of Representatives, so that he may receive the maximum possible pension payable under subparagraph 2(2). (2) Notwithstanding subparagraph 2(2)--

(a) in the case of a person who has held the office of Prime Minister and where the length of his reckonable service is 36 months or less, the monthly pension payable under subparagraph 2(2) shall be that sum computed on the basis of 36 months reckonable service or three thousand ringgit, whichever is the greater; and

(b) in the case of a person who has held the office of Prime Minister and where the length of his reckonable service is more than 36 months but the pension payable under subparagraph 2(2) is less than three thousand ringgit, the monthly pension payable shall be three thousand ringgit.

Gratuity for Members

4. (1) A person who ceases to be a Member may be granted a gratuity calculated on the following formula:

1/48 x salary x 12 x period of reckonable service. (2) Notwithstanding subparagraph (1), a Member who ceases to hold the office of President or Deputy President of the Senate, or Speaker or Deputy Speaker of the House of Representatives, but continues to be Member of either House of Parliament may be paid a gratuity calculated under subparagraph (1). (3) Notwithstanding subparagraph (1) and subject to subparagraph (4)(a), a Member of the Administration who ceases to hold the office of Prime Minister, Deputy Prime Minister, Minister, Deputy Minister or Parliamentary Secretary and--

(a) continues to be a Member of either House of Parliament; or (b) ceases to be a Member of either House of Parliament, may be granted a gratuity calculated under subparagraph (1). (4) For the purpose of calculating the gratuity under subparagraph (1)-- (a) if a gratuity falls due to be payable to a Member of the Administration under subparagraph (3), "period of reckonable service" shall be the period of reckonable service as a Member up to seventy-two months and if such period exceeds seventy-two months, only such period of service as a Member of Administration shall be reckoned; and

(b) if a gratuity falls due to be payable to a Member who is not a Member of the Administration, "period of reckonable service" shall be any period of reckonable service not concurrent with a period of reckonable service for which gratuity has been calculated subject to subparagraph (a).

14 Laws of Malaysia ACT 237

(5) Any gratuity that had been paid to the Member of Administration who is a Member of the House of Representatives upon the dissolution of Parliament shall be deducted from the gratuity that falls due to be paid under subparagraph (1).

(6) The gratuity payable under subparagraph (1) shall be based on the highest drawn salary of the Member during the period of reckonable service as determined under subparagraph (4).

(7) Any gratuity or cash award that has been paid to a Member in respect of any period of reckonable service as determined under subparagraph (4) shall be deducted from the gratuity that falls due to be paid under subparagraph (1). Derivative pension or gratuity when a Member dies whilst being a Member

5. (1) Where a Member dies and qualifies to receive a pension under paragraph 2 and a gratuity under paragraph 4, the Yang di-Pertuan Agong may, under paragraph 8, grant to his dependants a derivative pension and a derivative gratuity or a derivative gratuity only.

(2) Subject to paragraph 3, the derivative pension and derivative gratuity payable under subparagraph (1) shall be calculated in the same manner as the calculation for pension under subparagraph 2(2) and the calculation for gratuity under paragraph 4.

(3) Subject to paragraph 10, the derivative pension granted under subparagraph (2) shall be payable for a period not exceeding twelve and a half years from the date immediately following the date of death of the Member, and thereafter the dependants shall continue to receive seventy per centum of the derivative pension granted.

(4) In the case of a person who was a Member at any time on or after 31 August 1957 and had died and left dependants within the meaning of paragraph 8, the dependants may, from the date of the coming into force of this Act, if they are not ineligible under paragraph 10 as from the date of the coming into force of this Act, be granted a derivative pension under paragraph 5, 6 or 7, as the case may be, based on the salary of that person adjusted to the salary of a Member as is appropriate and in accordance with the provisions of this Schedule.

Derivative pension where a person dies within twelve and a half years

6. Subject to paragraph 10, where a person dies within the period of twelve and a half years of his last ceasing to be a Member, his dependants may be granted a derivative pension of the same amount as the pension which was paid or payable to him for the remaining portion of such period and thereafter such derivative pension shall continue to be payable at the rate of seventy per centum of the derivative pension granted.

Derivative pension where a person dies after twelve and a half years

7. Subject to paragraph 10, where a person dies after twelve and a half years of his last ceasing to be a Member, his dependants may be granted a derivative pension equivalent to seventy per centum of the person's pension. Members of Parliament (Remuneration) 15

Dependants eligible to receive derivative pension and derivative gratuity

8. (1) A derivative pension may be granted to the widow or widower and the child of the deceased Member.

(2) A derivative gratuity may be granted to--

(a) the persons specified under subparagraph (1); and (b) the dependant parent of the deceased Member.

(3) Where there are no such persons under subparagraphs (1) and (2), a derivative gratuity only may be granted to the next-of-kin of the deceased Member.

(4) Notwithstanding subparagraph (1), if a widow or widower was married to a person after that person has ceased to be a Member and only if the marriage was contracted within twelve and a half years of his last ceasing to be a Member, the widow or the widower, as the case may be, shall be entitled to only a derivative pension under the provisions of paragraph 6 for the remaining portion of the twelve and a half year period mentioned therein and shall not be entitled to a derivative pension thereafter.

Apportionment of derivative pension or derivative gratuity

9. A derivative pension or derivative gratuity may be paid to the persons under subparagraphs 8(1) and (2) in such proportions as the Yang di-Pertuan Agong thinks fit and such derivative pension may be reapportioned whenever any one of such persons dies or ceases to be eligible for such payment. Cessation of derivative pension

10. A derivative pension granted under this Schedule shall cease if the recipient-- (a) (Deleted by P.U. (A) 159/2003)

(b) is a child, upon his marriage;

(c) is a child, who on or after the age of 21 years ceases to be mentally retarded or physically and permanently incapacitated and incapable of supporting himself; or

(d) is a child, who on or after the age of 21, ceases to receive education in an institution of higher learning but not beyond education leading to a first degree.

Provisional payment where amount of pension, etc. yet to be determined

11. Where a Member or his dependants are eligible for pension or gratuity under this Schedule but the amount of such pension or gratuity is yet to be determined soon after his ceasing to be a Member or upon his death, the Yang di-Pertuan Agong may authorize a provisional payment to be made to such Member or his dependants pending such determination. 16 Laws of Malaysia ACT 237

Payment of pensions

12. A pension granted under this Schedule may be paid monthly at the end of each month in which the pension falls due or at such other intervals as the Yang di-Pertuan Agong may determine either generally or in any particular case.

Pension, etc., not to be assignable

13. A pension or gratuity granted under this Schedule shall not be assignable or transferable or liable to be attached, sequestrated or levied upon in respect of any claim except for the purpose of satisfying-- (a) a debt due to the Government, the Government of any State or a statutory or local authority; or

(b) an order of a Court for the payment of periodical sums of money towards the maintenance of a wife or former wife or child of the person who ceased to be a Member and to whom the pension or gratuity has been granted.

Pension or gratuity not to be paid under certain circumstances

14. (1) No pension or gratuity shall be granted under this Schedule to any person who has become disqualified from being a Member of either House of Parliament under circumstances described in paragraph (e) or (f) of Clause (1) of Article 48 of the Constitution.

(2) If any person to whom a pension has been granted under this Schedule has become disqualified from being a member of either House of Parliament under circumstances described in subparagraph (1), the pension shall forthwith cease:

Provided that the pension shall be restored with retrospective effect in the case of a person whose disqualification under paragraph (e) of Clause (1) of Article 48 of the Constitution is removed by the Yang di-Pertuan Agong. Payment without grant of probate or letters of administration

15. (1) Notwithstanding any written law to the contrary, where a person to whom any payment could be made under this Schedule dies before the payment is made and the amount remains unpaid, the amount so unpaid may be paid to his dependants without there being a grant of probate or letters of administration in respect of his estate.

(2) For the purpose of this paragraph, "unpaid" means unpaid by the Government or undrawn by the person.

Reckonable service of certain persons

16. (1) Where a person was a Member before the date of the coming into force of this Act, any period, continuous or otherwise, prior to such date but not earlier than 31 August 1957 may be taken into account for the purpose of calculating the length of his reckonable service. Members of Parliament (Remuneration) 17

(1A) For the purposes of subparagraph (1), the period served by a Member in the Federal Legislative Council shall be taken into account. (2) A person who was a Political Secretary for any period and during such period was not concurrently a member of either House of Parliament shall cease to receive the pension payable to him by virtue of his having been a Political Secretary when he becomes a Member, but the period of service as a Political Secretary may be taken into account for the purpose of calculating the length of his reckonable service for pension and gratuity under this Schedule. Reckonable service for period in Legislative assembly, etc.

17. (1) Subject to subparagraph (2), where a person prior to being a Member was a member of the Legislative Assembly or Council Negeri of a State, the period, continuous or otherwise, during which he was a member of the Legislative Assembly or Council Negeri may be taken into account for the purpose of calculating the length of his reckonable service. (2) No period under subparagraph (1) shall be taken into account for the purposes of this Schedule if a Member had been disqualified from being a member of the Legislative Assembly or Council Negeri or if he had been granted both his pension and gratuity for that period under any law relating to pensions and gratuities for members of the Administration of a State and members of the Legislative Assembly or Council Negeri of a State. Medical facilities

18. A person who ceases to be a Member and qualifies to receive a pension under paragraph 2, or his dependants, shall be entitled to receive such medical facilities on such terms and conditions as may be specified by the Cabinet from time to time.

Regulations

19. (1) The Yang di-Pertuan Agong may make regulations for the better carrying out of this Schedule.

(2) Without prejudice to the generality of subparagraph (1)-- (a) where a person or Member who before the coming into force of this Act had acquired any right or privilege in relation to pension or gratuity under the law repealed under section 13 and no provision exists in this Schedule to deal with this right or privilege, the regulations may provide for such right or privilege to continue with such modification as the Yang di-Pertuan Agong deems fit; (b) where as a result of the implementation of the provisions of this Schedule a situation arises involving a determination whether a right or privilege in relation to a pension or derivative pension should, having regard to the principles underlying the provisions of this Schedule, accrue to a person who had ceased to be a Member between the period 31 August 1957 and the date of the coming into force of this Act or to the dependants of such person, and justice and equity require it to be dealt with, the regulations may provide for the conferment of a right or privilege to such person upon such terms and conditions as the Yang di-Pertuan Agong deems fit. 18 Laws of Malaysia ACT 237

Amendment of Schedule by order

19A. The Yang di-Pertuan Agong may by order amend this Schedule where it appears to him necessary or expedient so to do, and any amendment so made shall have effect as if enacted in this Schedule. Delegation of powers

19B. Any of the powers conferred upon, or duties imposed on, the Yang di-Pertuan Agong by this Schedule, except the powers conferred by paragraphs 19 and 19A, may be exercised or performed by the Prime Minister or any other person authorized in writing by the Prime Minister. Recomputation of pension and derivative pension

20. (1) Whenever the salaries of a Member are revised, the salary on which a pension granted under paragraph 2 or a derivative pension granted under paragraph 5, 6 or 7 is based shall be adjusted to the revised salary as appropriate and the pension or derivative pension recomputed accordingly. (2) The recomputed pension under subparagraph (1) shall be payable with effect from the coming into force of the revised salaries. (3) In the case of a person who, before the coming into force of this Act, ceased to be a Member and he or his dependant is in receipt of a pension or derivative pension, as the case may be, the grant of the pension or derivative pension shall be governed by the provisions of this Schedule and the salary on which a pension granted under paragraph 2 or a derivative pension granted under paragraph 5, 6 or 7 is based shall be adjusted to the salary of a Member as appropriate and the pension or derivative pension shall be recomputed accordingly and be payable with effect from the date of the coming into force of this Act and thereafter such pension or derivative pension shall be recomputed and payable in accordance with subparagraphs (1) and (2) whenever there is a revision of salaries.

(4) The provisions of subparagraph (3) shall apply mutatis mutandis to the pension payable under subparagraph 2(b) of the Tunku Abdul Rahman Putra Al-Haj Pension Act 1971 [Act 22] as if it were a pension under this Schedule and paragraphs 5, 6 and 7, as the case may be, shall apply. Benefits for former Prime Ministers

21. (1) A person who ceases to hold the office of Prime Minister, or a person who had previously held the office of Prime Minister before the date of the coming into force of this Act, shall be entitled to such allowances and privileges at such rates and on such terms and conditions as may be determined by the Cabinet from time to time.

(2) The determination by the Cabinet pursuant to subparagraph (1) shall apply mutatis mutandis to the allowances, benefits and privileges payable or conferred pursuant to subparagraphs 2(c), (d) and (e) of the Tunku Abdul Rahman Putra Al-Haj Pension Act 1971 as if they were conferred under subparagraph (1).

Members of Parliament (Remuneration) 19

Non-application of First Schedule to a Deputy President or a Deputy Speaker appointed after the coming into force of this paragraph

22. The provisions of this Schedule relating to a Deputy President of the Senate and a Deputy Speaker of the House of Representatives shall not apply to a Deputy President of the Senate or a Deputy Speaker of the House of Representatives chosen or elected as such, as the case may be, on or after the date of coming into force of this paragraph.

SECOND SCHEDULE

[Sections 9, 10 and 12]

1. Where death or permanent disablement is caused by an injury sustained in an accident as specified in column I by the Members specified in column II, the benefits payable shall be those specified under the respective subcolumns except that in the case of death being the consequence of the injury sustained in the accident, the respective dependants or next-of-kin of the deceased Members specified shall be entitled to the benefits.

2. The death benefit granted under item A shall be paid to the dependants of the deceased Member specified in subparagraph 8(2) of the First Schedule or, if there are no such dependants, to the next-of-kin of the deceased Member. The death benefit granted to the dependants shall be apportioned in such proportions as the Yang di-Pertuan Agong thinks fit.

3. Where a Member or his dependants or his next-of-kin are entitled to receive accident benefits similar to those provided in this Schedule under any scheme operated by the Government of any State or under any State law, such Member or his dependants or his next-of-kin shall be entitled at their option to receive the benefits under this Schedule or under such scheme. 20 Laws of Malaysia ACT 237

COLUMNICOLUMNII

BENEFITPAYABLE

ConsequencesofInjuryMemberofPresidentofthePrimeMinisterParliamentary Parliament,Senate,SpeakerMinisterandSecretary

DeputyoftheHouseofDeputyPrime

PresidentRepresentativesMinister

oftheandDeputy

SenateandMinister

DeputySpeaker

oftheHouse

ofRepresentatives

RMRMRMRMRM

A.Wheredeathiscausedbyaninjurysustained

inanaccident...............60,000250,000750,000500,000150,000 B.Wherepermanentdisablementiscausedby

aninjurysustainedinanaccidentandsuch

disablementoccurswithin12calendarmonths

ofthesaidaccident,thereshallbepaidtothe

Memberoneofthefollowingbenefits--

(i)wheretheinjuryresultsinthelossoftwo

ormorelimbsbyactualseparationator

abovethewristorankleorthetotaland

irrecoverablelossofallsightofbotheyes

orthelossofonelimbaccompaniedbythe

lossofsightofoneeye.........120,000500,0001,500,0001,000,000300,000 (ii)wheretheinjuryresultsinthelossofone

limbbyactualseparationatorabovethe

wristorankleorthetotalandirrecoverable

lossofthesightofoneeye......60,000250,000750,000500,000150,000 Members of Parliament (Remuneration) 21

COLUMNICOLUMNII

BENEFITPAYABLE

ConsequencesofInjuryMemberofPresidentofthePrimeMinisterParliamentary Parliament,Senate,SpeakerMinisterandSecretary

DeputyoftheHouseofDeputyPrime

PresidentRepresentativesMinister

oftheandDeputy

SenateandMinister

DeputySpeaker

oftheHouse

ofrepresentatives

RMRMRMRMRM

C.Whereinjuryresultsinpermanentdisablements

otherthanthosespecifiedinparagraphBabove--

(i)inthecaseofadisablementwhichtotally

preventstheMemberfromengaginginor

givingattentiontoanyprofessionor

occupation............120,000500,0001,500,0001,000,000300,000 (ii)inthecaseofadisablementwhichpartially

preventstheMemberfromengaginginor

givingattentiontoanyprofessionor

occupation,suchsumasmaybearrivedat

bymultiplyingthesaidsumspecifiedin

subparagraph(i),asthecasemaybe,with

thepercentageofthedegreeofdisablement

whichistobedeterminedbyaMedical

BoardappointedbytheGovernment...asperasperasperasperasper calculationcalculationcalculationcalculationcalculation 22 Laws of Malaysia ACT 237

LAWS OF MALAYSIA

Act 237

MEMBERS OF PARLIAMENT (REMUNERATION)

ACT 1980

LIST OF AMENDMENTS

Amending law Short title In force from

Act A504 Members of Parliament 01-07-1980

(Remuneration) (Amendment)

Act 1981

P.U. (A) 188/1981 Members of Parliament 01-07-1980 (Modification of Pensions and

Gratuities) Order 1981

P.U. (A) 216/1981 Members of Parliament 09-06-1981 (Remuneration) (Amendment

of First Schedule) Order 1981

Act A594 Members of Parliament 29-06-1984

(Remuneration) (Amendment)

Act 1984

P.U. (A) 342/1984 Members of Parliament 29-06-1984 (Remuneration) (Amendment

of First Schedule) Order 1984

P.U. (A) 159/1990 Members of Parliament 29-06-1990 (Remuneration) (Amendment

of First Schedule) Order 1990

Act A819 Members of Parliament s. 2(1):

(Remuneration) (Amendment) 01-01-1989;

Act 1992 s. 3(1):

01-01-1992

Act A821 Members of Parliament 01-01-1992

(Remuneration) (Amendment)

(No. 2) Act 1992

P.U. (A) 128/1996 Members of Parliament 05-04-1995 (Remuneration) (Amendment of

First Schedule) Order 1996

Members of Parliament (Remuneration) 23

Act A984 Members of Parliament 01-01-1995

(Remuneration) (Amendment)

Act 1997

Act A1003 Members of Parliament 01-11-1996

(Remuneration) (Amendment)

Act 1997

P.U. (A) 410/2000 Members of Parliament 05-04-1995 (Remuneration) (Amendment of

First Schedule) Order 2000

Act A1097 Members of Parliament 01-01-2000

(Remuneration) (Amendment)

Act 2001

Act A1133 Members of Parliament 01-01-2001

(Remuneration) (Amendment)

(No.2) Act 2001

Act A1173 Members of Parliament 01-01-2002

(Remuneration) (Amendment)

Act 2002

P.U. (A) 150/2003 Members of Parliament 05-04-1995 (Remuneration) (Amendment

of First Schedule) Order 2003

P.U. (A) 159/2003 Members of Parliament 01-01-2002 (Remuneration) (Amendment of

First Sehedule) (No. 2) Order

2003

P.U. (A) 236/2003 Members of Parliament 09-04-2003 (Remuneration) (Amendment

of First Schedule) (No. 3)

Order 2003

Act A1244 Members of Parliament 01-01-2004

(Remuneration) (Amendment)

Act 2005

Amending law Short title In force from

24 Laws of Malaysia ACT 237

LAWS OF MALAYSIA

Act 237

MEMBERS OF PARLIAMENT (REMUNERATION)

ACT 1980

LIST OF SECTIONS AMENDED

Section Amending Authority In force from

2 Act A594 29-06-1984

Act A1133 01-01-2001

3 Act A819 01-01-1989

01-01-1992

Act A821 01-01-1992

Act A984 01-01-1995

Act A1097 01-01-2000

Act A1173 01-01-2002

Act A1244 01-01-2004

4 Act A504 01-07-1980

Act A594 29-06-1984

Act A819 01-01-1989

01-01-1992

Act A984 01-01-1995

Act A1003 01-11-1996

Act A1097 01-01-2000

Act A1133 01-01-2001

Act A1173 01-01-2002

Act A1244 01-01-2004

6 Act A819 01-01-1989

01-01-1992

Act A984 01-01-1995

Act A1097 01-01-2000

Act A1173 01-01-2002

Act A1244 01-01-2004

7 Act A1133 01-01-2001

FIRST SCHEDULE Act A504 01-07-1980

P.U. (A) 188/1981 01-07-1980

P.U. (A) 216/1981 09-06-1981

P.U. (A) 342/1984 29-06-1984

Members of Parliament (Remuneration) 25

P.U. (A) 159/1990 29-06-1990

P.U. (A) 128/1996 05-04-1995

P.U. (A) 410/2000 05-04-1995

P.U. (A) 150/2003 05-04-1995

P.U. (A) 159/2003 01-01-2002

P.U. (A) 236/2003 09-04-2003

SECOND SCHEDULE Act A594 29-06-1984

Act A1133 01-01-2001

Section Amending Authority In force from

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA