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Pensions Adjustment Act 1980

LAWS OF MALAYSIA

REPRINT

Act 238

PENSIONS ADJUSTMENT 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

2

PENSIONS ADJUSTMENT 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 238

PENSIONS ADJUSTMENT ACT 1980

ARRANGEMENT OF SECTIONS

Section

1. Short title, commencement and application

2. Interpretation

3. Adjustment of pensions and other benefits of officers and dependants

4. Adjustment of derivative pension or derivative retiring allowance granted under any other written law

5. Grant and adjustment of derivative pensions or derivative retiring allowances for certain dependants under old scheme

6. Determination of corresponding last drawn salary

7. (Deleted)

8. Lowest pension, etc., for full service

9. Adjustment of disability pension or injury allowance

10. Adjustment of dependant's pension

11. Disability pension, etc., to be in addition to pension or other benefit

12. (Deleted)

13. Where information not sufficient to determine amount of pension, etc. 13A. Director General may re-determine proper amount of pension or other benefit

14. Allowances payable under administrative arrangements to cease

15. Restoration of pension

16. Powers to be exercised by Director General

17. Regulations FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

4 Laws of Malaysia ACT 238

Pensions Adjustment 5

LAWS OF MALAYSIA

Act 238

PENSIONS ADJUSTMENT ACT 1980

An Act to provide for the adjustment of pensions and other benefits of officers in the public service and in statutory and local authorities and of the dependants of such officers, for the granting and adjustment of pensions and other benefits of the dependants of certain categories of such officers, and for matters related thereto. [1 July 1980]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong 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, commencement and application

1. (1) This Act may be cited as the Pensions Adjustment Act 1980 and shall be deemed to have come into force on 1 July 1980. (2) Subject to this section, this Act shall apply throughout Malaysia in respect of--

(a) officers who on retirement receive or are entitled to receive pensions or other benefits under any written law; (b) the dependants of officers referred to in paragraph (a) who, on the death in service or in retirement of the officers concerned, receive or are entitled to receive pensions or other benefits under any written law; (c) the dependants of officers referred to in paragraph (a) being dependants who, prior to the coming into force of this Act, were not entitled to receive pensions or other benefits under any written law; and

(d) the dependants of officers who had died or die in service under the old scheme where the officers had been or have been confirmed in their appointments and, in respect of pensionable officers, emplaced on the pensionable 6 Laws of Malaysia ACT 238

establishment in accordance with the written law or the terms and conditions of service applicable to their case, being dependants who, prior to the coming into force of this Act, were not entitled to receive pensions or other benefits under any written law,

who are resident in Malaysia.

(3) Where--

(a) an officer who on retirement; or

(b) any of his dependants who, on the death in service or in retirement of the officer,

is in receipt of or would otherwise be entitled to receive any pension or other benefit under this Act, or under any other written law and this Act, is not or ceases to be resident in Malaysia, he shall be paid or be entitled to be paid the pension or other benefit, if any, which was originally granted under the other written law and he shall not be paid or be entitled to be paid any pension or other benefit under this Act; and he shall not, in the event of his becoming resident or resuming residence in Malaysia, be paid or be entitled to be paid any pension or other benefit after adjustment under this Act. (4) Notwithstanding subsections (2) and (3), the Minister, or any officer authorized by him in writing so to do, may generally or specially exempt any person or class of persons for such reason as may be specified in the exemption from complying with the requirement of this section for that person or class of persons to be resident in Malaysia in order to qualify for any pension or other benefit under this Act.

Interpretation

2. In this Act, unless the context otherwise requires-- "child" means a child of a deceased officer--

(a) who is a child under twenty-one years of age and includes-- (i) a posthumous child, a dependent step-child and an illegitimate child of the officer; and

(ii) a child adopted by the officer under any written law relating to adoption or under any custom or

usage, on satisfactory proof of such adoption; and Pensions Adjustment 7

(b) who is a child of any age and is mentally retarded or physically and permanently incapacitated and is incapable of supporting himself;

"corresponding last drawn salary" means the corresponding last drawn salary as defined under subsection 6(2);

"current salary scale" means the latest salary scale which is, on or after the coming into force of this Act, applicable to officers of the public service and employees of statutory and local authorities to whom the revision of salaries made by the Federal Government with effect from 1 January 1976, or any other subsequent revision thereof made by the Federal Government from time to time, is applicable;

"dependant" means a widow, widower, child, mother or father of a deceased officer;

"Director General" means the Director General of the Public Services;

"last drawn salary" means--

(a) the actual last drawn monthly substantive salary of an officer before his death or retirement; or

(b) where it is to his advantage, in the case of an officer who dies or retires before being confirmed in a second or subsequent appointment which he holds at the time of death or retirement, the last drawn monthly substantive salary of the last appointment in which he had been confirmed prior to his death or retirement, inclusive of any notional increments in salary that he would have been entitled to, in accordance with the service principles applicable to his case, were he to have reverted to that last appointment; or

(c) in the case of a person for the portion of whose service in any of the territories which constitute Malaysia the Federal Government is responsible for the payment of pension or other benefit under any written law, the actual last drawn monthly substantive salary of that person when he so was last in the service of that territory; or 8 Laws of Malaysia ACT 238

(d) in the case of an officer referred to in regulation 22 of the Pensions Regulations 1957 [L.N. 233/1957], the last drawn monthly substantive salary of the office for which he opts or may have opted for the purpose of computing his reckonable service under that regulation;

and where such officer or person is or was in receipt of or entitled to receive any pensionable allowance in the public service or in the service of a statutory or local authority or, in the case of a person referred to in paragraph (c), in the service of any of the territories which constitute Malaysia, the pensionable allowances shall form part of his last drawn salary;

"officer" means an officer of the public service or an employee of any statutory or local authority who, prior to his retirement or death, was serving in Malaysia or in any of the territories which presently constitute Malaysia;

"old scheme" means the appropriate scheme pertaining to the salaries and terms and conditions of service which is applicable to officers of the public service and employees of statutory and local authorities to whom the revision of salaries and terms and conditions of service made by the Federal Government with effect from 1 January 1976, or any other subsequent revision of salaries, or the terms and conditions of service, or both made by the Federal Government from time to time, is not applicable;

"pension or other benefit" includes pension, retiring allowance, annual allowance, disability pension, injury allowance, derivative pension, derivative retiring allowance and dependant's pension granted under any other written law and adjusted under this Act, or granted and adjusted under this Act, as the case may be; "pensionable officer" means an officer who has been emplaced on the pensionable establishment or conferred pensionable status or who on retirement or death is deemed to be pensionable under any written law;

"public service" means--

(a) the judicial and legal service;

(b) the general public service of the Federation; (c) the police force;

(d) the railway service;

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(e) the education service;

(f) the joint public services mentioned in Article 133 of the Federal Constitution;

(g) the public service of each State;

(h) the Parliamentary Service referred to in the *Parliamentary Service Act 1963 [Act 394]; and

(i) such other service as the Yang di-Pertuan Agong may by order in the Gazette determine to be public service for the purposes of this Act;

"reckonable service" means any service of an officer in Malaysia or in any of the territories which presently constitute Malaysia which has been used in the computation of the pension or other benefits of the officer on his retirement or of his dependants upon his death;

"resident in Malaysia" means being habitually resident in Malaysia as evidenced by the person concerned having his sole or principal place of abode in Malaysia and residing therein for such period or periods of time as is not inconsistent with the continuity of residence in Malaysia and as point to durable ties between him and Malaysia;

"retiring allowance" includes an annual allowance paid or payable to an officer on retirement on a non-pensionable appointment; "statutory or local authority" means a statutory authority or local authority established under any written law relating to a statutory authority or local authority;

"written law" means any written law relating to the pensions and other benefits of officers in the public service or of employees of statutory and local authorities, and of their dependants, and includes this Act.

Adjustment of pensions and other benefits of officers and dependants

3. (1) Pensions and other benefits granted to officers and their dependants under any written law before or on the implementation of any current salary scale shall be adjusted in accordance with the provisions of this Act and shall be paid or be payable with effect from the date of implementation of the current salary scale. *NOTE--ParliamentaryServiceAct1963[Act394]hassincebeenrepealedbyparagraph7(d)ofActA837­ see also section 7 for Status of members of parliamentary Service. 10 Laws of Malaysia ACT 238

(2) The pension or retiring allowance of an officer shall be adjusted as provided in the First Schedule.

Adjustment of derivative pension or derivative retiring allowance granted under any other written law

4. (1) Any derivative pension or derivative retiring allowance granted under any other written law shall be adjusted as provided in the Second Schedule and shall be paid in accordance with the provisions of this Act.

(2) The derivative pension or derivative retiring allowance granted under any other written law and adjusted under the Second Schedule shall be paid for life if the recipient is--

(a) a widow of an officer or, in the case of an officer to whom the Pensions Act 1980 [Act 227] or the Statutory and Local Authorities Pensions Act 1980 [Act 239] applies, his widow or her widower;

(b) a child referred to in paragraph (2)(b) of the interpretation of "child".

(3) Notwithstanding subsection (2) and the Second Schedule, the payment of such derivative pension or derivative retiring allowance after the expiration of any of the periods referred to in subparagraph (1)(a), (b) or (c) of the Second Schedule shall only be made where the recipient--

(a) if a widow of an officer or, in the case of an officer to whom the Pensions Act 1980 or the Statutory and Local Authorities Pensions Act 1980 applies, his widow or her widower, was married to the officer while the officer was still in service;

(b) if a child or dependent step-child, is a child or dependent step-child of a marriage that had taken place while the officer was still in service;

(c) if an adopted child, was adopted while the officer was still in service;

(d) if an illegitimate child, was conceived while the officer was still in service.

Pensions Adjustment 11

(4) For the avoidance of doubt, it is declared that where the marriage to the officer concerned had been contracted after his retirement and his death occurs within a period of twelve and a half years of his retirement, his widow, or a child of that marriage, or both such widow and child, as the case may be, or, in the case of an officer to whom the Pensions Act 1980 or the Statutory and Local Authorities Pensions Act 1980 applies, his widow, her widower, or a child of that marriage, or both such widow and child, or both such widower and child, as the case may be, shall be entitled to a derivative pension or derivative retiring allowance according to the entitlement of the officer but only for a period which is the difference between the period of twelve and a half years and the period during which the officer had been in retirement; and where the death of the officer occurs after the period of twelve and a half years of his retirement, no derivative pension or derivative retiring allowance whatsoever shall be payable.

(5) Notwithstanding this section and the Second Schedule, no payment of such derivative pension or derivative retiring allowance shall be made or, if made, such payment shall cease where the recipient is--

(a) (Deleted by Act A1169);

(b) a child, other than a child referred to in paragraph 2(b) of the interpretation of "child" or in paragraph (c), upon marriage or attaining the age of twenty-one years, whichever occurs earlier;

(c) a child who is receiving education in an institution of higher learning but not beyond education leading to a first degree, upon completing or ceasing to receive such education or upon marriage, whichever occurs earlier. Grant and adjustment of derivative pensions or derivative retiring allowances for certain dependants under old scheme

5. (1) Notwithstanding any other written law to the contrary but subject to this Act, where an officer had died or dies-- (a) in service under the old scheme and--

(i) he had been or has been confirmed in his

appointment and emplaced on the pensionable

establishment; or

(ii) he would have been entitled on retirement to an annual allowance, also called a retiring allowance;or 12 Laws of Malaysia ACT 238

(b) in retirement under the old scheme and he was in receipt of or would have been entitled to receive a pension or an annual allowance, also called a retiring allowance, in accordance with the written law or the terms and conditions of service applicable to his case, his widow or child, or both widow and child, if not in receipt of or not entitled to receive any derivative pension or derivative retiring allowance under any other written law, shall, upon the coming into force of this Act, be granted a derivative pension or derivative retiring allowance according to the eligibility or entitlement of the officer to a pension or an annual allowance, also called a retiring allowance. (2) The derivative pension or derivative retiring allowance granted under subsection (1) shall be adjusted as provided in the Third Schedule and shall be paid in accordance with the provisions of this Act.

(3) The derivative pension or derivative retiring allowance granted under subsection (1) and adjusted under this Act shall be paid for life if the recipient is--

(a) a widow of an officer referred to in paragraph (1)(a) or (b);

(b) a child referred to in paragraph 2(b) of the interpretation of "child".

(4) Notwithstanding subsection (3) and the Third Schedule, the payment of such derivative pension or derivative retiring allowance after the expiration of any of the periods referred to in subparagraph 1(a), (b), (c) or (d) of the Third Schedule shall only be made where the recipient--

(a) if a widow of an officer, was married to the officer while the officer was still in service;

(b) if a child or dependent step-child, is a child or dependent step-child of a marriage that had taken place while the officer was still in service;

(c) if an adopted child, was adopted while the officer was still in service;

(d) if an illegitimate child, was conceived while the officer was still in service.

Pensions Adjustment 13

(5) For the avoidance of doubt, it is declared that where the marriage to the officer concerned had been contracted after his retirement and his death occurs within a period of twelve and a half years of his retirement, his widow, or a child of that marriage, or both such widow and child, as the case may be, shall be entitled to a derivative pension or derivative retiring allowance according to the entitlement of the officer but only for a period which is the difference between the period of twelve and a half years and the period during which the officer had been in retirement; and where the death of the officer occurs after the period of twelve and a half years of his retirement, no derivative pension or derivative retiring allowance whatsoever shall be payable.

(6) Notwithstanding this section and the Third Schedule, no payment of such derivative pension or derivative retiring allowance shall be made or, if made, such payment shall cease where the recipient is--

(a) (Deleted by Act A1169);

(b) a child, other than a child referred to in paragraph 2(b) of the interpretation of "child" or in paragraph (c), upon marriage or attaining the age of twenty-one years, whichever occurs earlier;

(c) a child who is receiving education in an institution of higher learning but not beyond education leading to a first degree, upon completing or ceasing to receive such education or upon marriage, whichever occurs earlier. (7) A derivative pension or a derivative retiring allowance granted and adjusted under this Act shall be paid or be payable in such proportion as the Yang di-Pertuan Agong thinks fit and such derivative pension or derivative retiring allowance may be reapportioned among other eligible recipients whenever a recipient dies or ceases to be eligible for such payment.

Determination of corresponding last drawn salary

6. (1) The Director General shall determine the corresponding last drawn salary of an officer.

(2) For the purposes of this Act, "corresponding last drawn salary" means, in the case of an officer to whom the current salary scale does not apply by virtue of--

(a) his not having had an opportunity to opt;

14 Laws of Malaysia ACT 238

(b) his not having opted; or

(c) his not being deemed to have opted,

for the current salary scale, the equivalent salary that the officer would have drawn under the current salary scale prior to death in service or to retirement had he been in service on the implementation of the current salary scale and had it been applied to him.

7. (Deleted by Act A568). Lowest pension, etc., for full service

8. (1) Notwithstanding any other written law to the contrary but subject to the Schedules, where any pension or other benefit granted and adjusted under this Act or granted under any other written law and adjusted under this Act is calculated on the basis of reckonable service of not less than twenty-five years--

(a) the lowest amount of pension or derivative pension payable after adjustment shall not be less than one hundred and eighty ringgit per month;

(b) the lowest amount of retiring allowance or derivative retiring allowance payable after adjustment shall not be less than three-quarters of one hundred and eighty ringgit per month.

(2) The Yang di-Pertuan Agong may by order in the Gazette increase the lowest amount of pension or other benefit payable pursuant to this section.

Adjustment of disability pension or injury allowance

9. Where a disability pension or an injury allowance is granted under any written law, the disability pension or injury allowance shall be adjusted based on the officer's corresponding last drawn salary but the factor applicable shall be the factor under that written law.

Adjustment of dependant's pension

10. Where a dependant's pension is granted under any written law, it shall be adjusted based on the officer's corresponding last drawn salary but the factor applicable shall be the factor under that written law.

Pensions Adjustment 15

Disability pension, etc., to be in addition to pension or other benefit

11. Notwithstanding any written law to the contrary, the disability pension or injury allowance and dependant's pension referred to in sections 9 and 10 shall be paid or be payable in addition to any pension or other benefit which is granted under any other written law and adjusted under this Act or granted and adjusted under this Act, as the case may be.

12. (Deleted by Act A568). Where information not sufficient to determine amount of pension, etc.

13. Where, for the purpose of granting and adjusting or adjusting any pension or other benefit under this Act, the Director General is not in possession of sufficient information to enable him to determine the amount of pension or other benefit payable, the amount payable shall, in the case of--

(a) a pension or retiring allowance, be fifty per cent of the highest pension or retiring allowance payable to an officer of an equivalent grade on the current salary scale as the officer whose pension or retiring allowance is to be adjusted under this Act;

(b) a derivative pension or derivative retiring allowance, be of the same amount as the pension or retiring allowance payable under paragraph (a);

(c) a disability pension or an injury allowance, be fifty per cent of the maximum disability pension or injury allowance payable, calculated on the highest factor provided under the written law under which the officer retired and the highest salary payable to an officer of an equivalent grade on the current salary scale as the officer whose disability pension or injury allowance is to be adjusted under this Act;

(d) a dependant's pension, be fifty per cent of the maximum dependant's pension payable, calculated on the highest factor provided under the written law under which the officer died in service or in retirement and the highest salary payable to an officer of an equivalent grade on the current salary scale as the officer in respect of whose dependant the dependant's pension is to be adjusted under this Act.

16 Laws of Malaysia ACT 238

Director General may re-determine proper amount of pension or other benefit

13A. (1) Where any pension or other benefit is granted under any other written law and adjusted under this Act or granted and adjusted under this Act in the circumstances referred to in section 13 and subsequent thereto the Director General receives such information as is sufficient to enable him to re-determine the proper amount of pension or other benefit payable, he shall re- determine the same.

(2) Where, upon re-determination under subsection (1), the proper amount of pension or other benefit payable is found to be-- (a) less than the amount paid under section 13, the proper amount shall be payable instead with effect from the date of re-determination and the amount overpaid shall be deemed to have been overpaid by mistake of fact but shall, however, not be recoverable from the person concerned; or

(b) more than the amount paid under section 13, the proper amount shall be payable instead together with arrears, if any.

Allowances payable under administrative arrangements to cease

14. (1) Notwithstanding anything to the contrary but subject to this Act, all allowances payable under any administrative arrangements (in addition to pensions and other benefits granted under any other written law and adjusted under this Act or granted and adjusted under this Act) shall, upon the coming into force of this Act, cease to be payable.

(2) Any allowance payable to the holder of a medal under Force Order No. 627/1956 shall cease to be payable only upon the death of the officer concerned.

(3) Where the total amount of any pension or other benefit granted under any other written law and adjusted under this Act or granted and adjusted under this Act is less than the total amount of the pension or other benefit currently receivable, the total amount of pension or other benefit payable under this Act shall be equal to the total amount currently receivable.

Pensions Adjustment 17

(4) In subsection (3), the expression "the total amount currently receivable" means the pension or other benefit, together with any other related payments, actually received by the person concerned prior to the adjustment to be made under this Act on the implementation of the current salary scale.

Restoration of pension

15. (1) Where, under any written law, an officer has been granted a reduced pension by virtue of his option for a commuted pension, such officer shall, on the expiration of the period of twelve and a half years from the date of his retirement, be eligible to have his pension restored; provided that such restoration-- (a) shall not be made earlier than 1 January 1973; and (b) shall not be applicable in the case of any pension paid after the adjustment made under this Act.

(2) Where the pension of an officer as referred to in subsection (1) has been restored after the expiration of the period of twelve and a half years from the date of his retirement but before the coming into force of this Act, such restoration shall be deemed to have been properly and legally made.

Powers to be exercised by Director General

16. All powers under this Act shall be exercisable by the Director General or any officer authorized by him in writing. Regulations

17. The Yang di-Pertuan Agong may make regulations for the purpose of carrying out or giving effect to this Act. FIRST SCHEDULE

[Section 3]

ADJUSTMENT FORMULA FOR SERVICE PENSION AND

RETIRING ALLOWANCE

Type of Benefit Formula

1. (a) Service pension to a 1/600 x number of months of pensionable officer reckonable service (subject to not more than 300 months) x

corresponding last drawn salary

18 Laws of Malaysia ACT 238

(b) Service pension on 1/500 x number of months of retirement due to abolition reckonable service (subject to or reorganization of office not more than 250 months) x corresponding last drawn salary

(c) Service pension on 1/600 x number of months of retirement in the public reckonable service (subject to not interest more than 300 months) x

corresponding last drawn salary,

subject to any variation of rate

imposed by the Yang di-Pertuan

Agong at the time of granting the

pension

2. Retiring allowance to a non 3/4 of [1/600 x number of months pensionable officer of reckonable service (subject to not more than 300 months) x

corresponding last drawn salary]

SECOND SCHEDULE

[Section 4]

Type of Benefit Formula

1. Derivative pension shall be paid or be payable--

(a) for a period of 12 1/2 years

from the date immediately

following the date of death

in service of the officer on

or after 1 July 1980; or

(b) where the death of the 1/600 x number of months of officer in service or in reckonable service (subject to not retirement had occurred more than 300 months) x

within a period of 12 1/2 corresponding last drawn salary; years prior to 1 July 1980, but the amount of derivative for a period (commencing pension, as adjusted, which is paid from 1 July 1980) which is or payable on the death of the the difference between the officer in service shall not be less period of 12 1/2 years and than 1/5 of the officer's the period during which corresponding last drawn salary derivative pension had

been paid or payable prior

to 1 July 1980; or

Type of Benefit Formula

Pensions Adjustment 19

(c) where the death of the

officer occurs within a

period of 12 1/2 years from

the date of his retirement

on or after 1 July 1980, for

a period which is the

difference between the

period of 12 1/2 years and

the period during which the

officer had been in retirement;

and

(d) for life (commencing on or

after 1 July 1980)--

(i) after the expiry of the

appropriate period for

the payment of

derivative pension under

subparagraph (a), (b) or

(c); or

(ii) where the death of the 70 per cent of amount paid or officer in service or in payable under subparagraph (a), retirement had occurred (b) or (c) of this paragraph before a period of 12 1/2

years prior to 1 July 1980;

or

(iii) where the death of the

officer occurs after a

period of 12 1/2 years

from the date of his

retirement on or after

1 July 1980

2. Where no derivative pension is paid or payable under paragraph 1,

a derivative retiring allowance

shall be paid or be payable--

(a) for any of the periods and in Adjusted based on the same any of the circumstances formula provided in respect of referred to in subparagraph subparagraphs 1(a), (b) and (c) but 1(a), (b) or (c); limited to 3/4 of the amount

determined in each case

and

Type of Benefit Formula

20 Laws of Malaysia ACT 238

(b) for life in any of the 70 per cent of the amount paid or circumstances referred to payable under subparagraph (a) of in subparagraph 1(d) this paragraph

THIRD SCHEDULE

[Section 5]

Type of Benefit Formula

1. Derivative pension shall be paid or be payable--

(a) for a period of 12 1/2 years

from the date immediately

following the date of death

in service of the officer

on or after 1 July 1980; or

(b) where the death of the 1/600 x number of months of officer in service had reckonable service (subject to not occurred within a period of more than 300 months) x 12 1/2 years prior to 1 July corresponding last drawn salary; 1980, for a period but the amount of derivative

(commencing from the pension, as adjusted, which is paid 1 July 1980) which is the or payable on the death of the difference between the officer in service shall not be period of 12 1/2 years and less than 1/5 of the officer's the period during which the corresponding last drawn salary officer had been dead

prior to 1 July 1980; or

(c) where the death of the

officer occurs within a

period of 12 1/2 years from

the date of retirement on or

after 1 July 1980, for a

period which is the

difference between the

period of 12 1/2 years and

the period during which the

officer had been in

retirement; or

(d) where the death of the

officer in retirement had

occurred within a period of

12 1/2 years prior to 1 July

1980, for the period

Type of Benefit Formula

Pensions Adjustment 21

(commencing from 1 July

1980) which is the

difference between the

period of 12 1/2 years and

the period during which the

officer had been in

retirement;

and

(e) for life (commencing on or

after 1 July 1980)--

(i) after the expiry of the

appropriate period for the

payment of derivative

pension under

subparagraph (a), (b),

(c) or (d) of this paragraph; or

(ii) where the death of the 70 per cent of the amount paid or officer in service or in payable under subparagraph (a), retirement had occurred (b), (c) or (d) of this paragraph before a period of 12 1/2

years prior to 1 July

1980; or

(iii) where the death of the

officer occurs after a

period of 12 1/2 years

from the date of his

retirement on or after

1 July 1980

2. Where no derivative pension is paid or payable under paragraph 1,

a derivative retiring allowance

shall be paid or payable--

(a) for any of the periods and Adjusted based on the same in any of the circumstances formula provided in respect of referred to in subparagraph subparagraphs 1(a), (b), (c) and 1(a), (b), (c) or (d); (d) but limited to 3/4 of the amount determined in each case

and

(b) for life in any of the 70 per cent of the amount paid or circumstances referred to payable under subparagraph (a) of in subparagraph 1(e) this paragraph

Type of Benefit Formula

22 Laws of Malaysia ACT 238

LAWS OF MALAYSIA

Act 238

PENSIONS ADJUSTMENT ACT 1980

LIST OF AMENDMENTS

Amending law Short title In force from

Act A568 Pensions Adjustment (Amendment) 01-07-1980; Act 1983 except ss. 4,

13 and 14:

16-12-1983

Act A1169 Pensions Adjustment (Amendment) 01-01-2002 Act 2002

Pensions Adjustment 23

LAWS OF MALAYSIA

Act 238

PENSIONS ADJUSTMENT ACT 1980

LIST OF SECTIONS AMENDED

Section Amending authority In force from

Long Title Act A568 01-07-1980

1 Act A568 01-07-1980

2 Act A568 01-07-1980

3 Act A568 01-07-1980

4 Act A568 01-07-1980

Act A1169 01-01-2002

5 Act A568 01-07-1980

Act A1169 01-01-2002

6 Act A568 01-07-1980

7 Act A568 01-07-1980

8 Act A568 01-07-1980

9 Act A568 01-07-1980

10 Act A568 01-07-1980

11 Act A568 01-07-1980

12 Act A568 01-07-1980

13A Act A568 01-07-1980

14 Act A568 01-07-1980

FIRST SCHEDULE Act A568 01-07-1980

SECOND SCHEDULE Act A568 01-07-1980

THIRD SCHEDULE Act A568 01-07-1980

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA