Judges ' Year Act 1971

Original Language Title: Judges’ Remuneration Act 1971

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045b.fm law REPRINT MALAYSIA PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with MALAYAN LAW JOURNAL SDN BHD and PERCETAKAN NASIONAL MALAYSIA BHD 2006 Act 45 JUDGES ' REMUNERATION ACT 1971 Contains all amendments to 1 January 2006 045b.fm Page 1 Tuesday, April 4, 2006 5:50 PM PREPARED for PUBLICATION by the MALAYAN LAW JOURNAL SDN BHD and PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH 2006 2 JUDGES ' REMUNERATION ACT 1971
The Date Of Royal Assent............ August 30, 1971, the date of publication in the Gazette......... 2 September 1971 REPRINT BEFORE Reprinting the first......... 1979 Second Reprinting......... 1993 Third Re-printing......... 1999 045b.fm Page 2 Tuesday, April 4, 2006 5:50 PM 3 laws of MALAYSIA Act 45 ORDER of JUDGES ' REMUNERATION ACT 1971 SECTION part I preliminary section 1. Short title and application of 1A. Interpretation Part II SALARIES And ALLOWANCES Of JUDGES 2. Salaries and allowances of judges PART III PENSIONS and OTHER BENEFITS JUDGES and DEPENDANTS 3. Pension and other benefits for Judges 4. Recount and the amount of pension of judges 5. Length of service for pension maximum 6. Period of pension digerenti 7. Reward points 8. Pension and gratuity in terms of certain retirement, resignation and cease to hold office 8A. Retired due to sickly 8B. Retired for some special 8C. Severance in the interest of the country 9. Special provisions for the Chief Justice, the President and Chief Judge 045b.fm Page 3 Tuesday, April 4, 2006 5:50 PM 4 laws of Malaysia ACT 45 Section 10. Derivative pension and remuneration issues when Judge die in service 11. Pension issue if the judge died in a retirement 11A. The circumstances in which payment of the pension issue cannot be made or is stalled 11B. Disability pension for Judge 11C. Pension liabilities 11 d. Award while if the amount of pension or other benefits yet to be determined 11E. Payment without probate or letter of Administration 12. Judges appointed from public service 13. Pension not assignable or detained 14. Consequential amendments 15. Exclusion Of PART IIIA PENSION ADJUSTMENT And OTHER BENEFITS For JUDGES And DEPENDANTS 15A. Application Of Section 15B. Pension adjustment and other benefits for judges and dependants PART IV GENERAL 16. The selection of 17. Payment of pension or other benefits 18. Consolidated Fund Pertanggungan at 19. Regulations 19A. The Remuneration Of Judicial Commissioner 20. Abolition of FIRST SCHEDULE SECOND SCHEDULE 045b.fm Page 4 Tuesday, April 4, 2006 5:50 PM 5 judges ' remuneration Section THIRD SCHEDULE of the FOURTH SCHEDULE of the FIFTH SCHEDULE 045b.fm Page 5 Tuesday, April 4, 2006 5:50 PM 045b.fm Page 6 Tuesday, April 4, 2006 5:50 PM 7 laws of MALAYSIA Act 45 JUDGES ' REMUNERATION ACT 1971 an act to make provision about the judges ' remuneration and pension and other benefits to those liabilities , and matters connected therewith.
[Throughout the country — 3 September 1971]
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: part I preliminary short title and application 1. (1) this Act may be cited as the judges ' remuneration Act 1971.
(2) this Act shall apply to the position of judge.
Interpretation of 1A. In this Act, unless the context otherwise requires — "children" means the son of a judge who died — (a) a child under the age of twenty-one years and includes — (i) a child born after the death of the judge, stepchildren liabilities and void status of the judge; and (ii) the child to be taken by the judge under any written law relating to adoption, or the 045b.fm Page 7 Tuesday, April 4, 2006 5:50 PM 8 laws of Malaysia ACT 45 under any customary or generally speaking, satisfactory evidence of the adoption;
and (b) that is a child regardless of age and retardation or disability in terms of physical and permanently and unable to cover himself;
"domiciled in Malaysia" means common domiciled in Malaysia, as evidenced by the person who has his/her habitual residence sole or primary in Malaysia and residing therein for a period or periods of time in accordance with survivorship residence status in Malaysia and who can demonstrate the close relationship between him with Malaysia;
"salary is equal to the last received" means, in the case of a judge that any current salary does not apply to him because he has retired or dead before the implementation of the current salary, salary equivalents should merit under the first schedule if he held office as a judge at the time of the execution and if current salaries applicable to his case;
"current salary" means the applicable salary finally set out in the first schedule to be paid to a judge;
"final salary received" means real salary drawn monthly by the judge, which actually set out in the first schedule, before death or retirement;
"Judge" means a judge of the Federal Court, the Court of appeal or the High Court and includes the Chief Justice, the President and Chief Judge;
"dependants" means the spouse, child, parent's liability the judge dies;
"pension and other benefits" or "pension or other benefits" includes pensions, disability pensions, gratuities, pensions and remuneration issues, pension issue dependants provided, or provided and coordinated, under this Act, as the case may be, but not 045b.fm Page 8 Tuesday, April 4, 2006 5:50 PM 9 judges ' remuneration including any allowance or other privileges specified in the second schedule;
"retirement" means — (a) retirement from the position of a judge under paragraph 8 (a);
(b) retirement from Office under section 8A or 8B (c) resignation from the posts under paragraph 8 (c); or (d) cease to hold office under paragraph 8 (d);
"remuneration" shall have the meaning given to the expression in clause (2) of article 160 of the Constitution;
"spouse" means a husband or wife who menakat to menakat a judge who died that her marriage with the judge recognised in Malaysia as a marriage that is valid under any written law, tradition, religion or prevalence.
PART II SALARIES and ALLOWANCES of JUDGES salaries and allowances of judges 2. (1) Salaries shall be paid to each Judge referred to in the first column of the first schedule as specified in the second column to it appearing in the table starting from the date stated in the third space appearing with him.
(2) Allowances or other privileges must be paid or awarded to any Judge referred to in the first column of the second schedule as specified in the table starting from the date specified in the second column appearing with him then.
045b.fm Page 9 Tuesday, April 4, 2006 5:50 PM 10 laws of Malaysia ACT 45 PART III PENSIONS and OTHER BENEFITS JUDGES and DEPENDANTS Pension and other benefits for Judges 3. A judge is entitled to a retirement pension and other benefits in accordance with this Act.
Recount and the amount of pension of judges 4. Subject to this part, the pensions of judges shall be calculated at the rate 1/360 of a final salary he received for each month due service as a judge: provided that no such calculated pension never can be more than 1/2 of final salary he received but, however, without prejudice to any pension adjustment for benefits that may be made pursuant to Part IIIA.
The maximum service period for pension 5. (1) for the purpose of calculating the pension of a judge, the period of service to qualify for pension maximum is 15 years as a judge.
(2) for the purposes of subsection (1), if a judge — (a) has, as required by the Yang di-Pertuan Agong under section 8c, releasing his post to serve in a post which other for any period in the interest of the country; and (b) after completing the period of his service in the position of the other reappointed immediately to hold the position of Judge, the period of his service as a judge before, and how long he served in other positions, he relinquished his post after elevation shall be calculated as the length of service as a judge.
045b.fm Page 10 Tuesday, April 4, 2006 5:50 PM 11 judges ' remuneration Period pension digerenti 6. Subject to this Act, pensions and any other benefits payable under this Act shall be continued for a lifetime the person granted pension and any other benefit.
Remuneration 7. A judge who was entitled to a pension under this Act is also entitled to reward its recoverable amount calculated at the rate of seven and a half per cent of the amount generated by multiplying the number of months completed his service as a judge with salaries on a merit.
Pension and gratuity in terms of certain retirement, resignation and cease to hold office 8. If a person — (a) retired from the post of Judge on reaching the age of sixty-six years or until a later time but time shall not be later than six months after he or she reaches the age of it pursuant to clause (1) of article 125 of the Constitution;

(b) retired from the post of Judge of the Federal Court, the Court of appeal or the High Court under section 8A or 8B;
(c) put the posts after attaining the age of sixty years; or (d) cease to hold office before attaining the age of sixty-six years or at any time after he or she reaches the age if she is holding the posts in accordance with clause (1) of article 125 of the Constitution on the ground helpless, due to the weakness of body or mind or any other cause, to carry out properly the functions of his Office, then he is entitled to a pension and remuneration corresponding to the case under this Act : 045b.fm Page 11 Tuesday, April 4, 2006 5:50 PM 12 laws of Malaysia ACT 45 provided that the amount of the pension awarded to a person who is retired from the Office in the circumstances referred to in paragraph (d) or in section 8A shall not be less than 1/5 of the final salary but he received, however, without prejudice to any pension adjustment for benefits that may be made pursuant to Part IIIA.
Retired due to sickly 8A. (1) a judge who has not attained the age of sixty years may make an application in writing to the Chief Justice in order to be allowed to retire on the ground are stricken.
(2) upon receipt of any representation of a judge under subsection (1), the Chief Justice may establish, after consultation with the Director-General of Medical Service, a Board consisting of not less than three medical officers who have served for a period of not less than ten years in the public service and who from among them at least one is qualified expertise in the medical field related to illness the judge in question , to examine and report to the Chief Justice about the health of the Judge.
(3) upon receipt of the report of the Board of the medical officer, the Chief Justice may, if satisfied that the interest of the administration of justice the judge should be allowed to retire, giving recommendations to the Prime Minister so that the permission given to the judge; and Prime Minister thus may submit the matter to the Yang di-Pertuan Agong shall refer the matter to a tribunal appointed by him in accordance with clause (4) of article 125 of the Constitution to obtain certification thereof.
(4) the Yang di-Pertuan Agong may, on the recommendation of the tribunal, giving such permission and approval of the retirement.
(5) where the Chief Justice intends to retire from the position of Chief Justice on the ground that the frail, the previous subsection does not apply, but the Prime Minister may, after m e m b u t a p a a-a a p r u j u k a n y a n g i n f i k i r k a n n y a w a j a r , submit the matter to the Yang di-Pertuan Agong 045b.fm Page 12 Tuesday, April 4, 2006 5:50 PM 13 judges ' remuneration shall refer the matter to a tribunal appointed by him in accordance with clause (4) of article 125 of the Constitution to obtain certification thereof; and Yang di-Pertuan Agong may, on the recommendation of the tribunal, to approve the retirement.
Retired for some special 8B. (1) a Judge of the Federal Court, the Court of appeal or the High Court who has not attained the age of sixty years but has served as a judge for the term amounting to not less than ten years shall, with the approval of the Chief Justice, to make an application to the Yang di-Pertuan Agong in order to be allowed to retire to serve in a post to another; and Yang di-Pertuan Agong may, once satisfied, upon recommendation of the Prime Minister, that the best interests and special needs of a State or in the interest of Malaysia on the whole for the Judges serving in the post, giving the truth so that the judge retires.
(2) for the avoidance of doubt, "a judge of the Federal Court", for the purposes of this section, shall include the Chief Judge, the President and Chief Justice; and in its application to the Chief Justice, subsection (1) shall be read as if the words "with the approval of the Chief Justice" has been left out of it.
Severance in the interest of the country 8C. A judge of the Federal Court, the Court of appeal or the High Court who has not attained the age of sixty years may be required by the Yang di-Pertuan Agong so resigned Judge to serve in a post which other for any period in the interest of the country.
Special provisions for the Chief Justice, the President and Chief Judge 9. Notwithstanding anything contained in this Act but subject to section 8 a person who holds the 045b.fm Page 13 Tuesday, April 4, 2006 5:50 PM 14 laws of Malaysia ACT 45 post of Chief Justice, President or chief judge shall be entitled to the maximum pension if — (a) he has held one or all of the posts for a period in total not less than three years; and (b) he was the Judge for a term of whom not less than ten years before he retired, including the period of his service as Chief Justice, President, or chief judge, as the case may be.
Derivative pension and remuneration issues when Judge die in service 10. (1) subject to subsection (4), if a judge dies in service, the Yang di-Pertuan Agong may provide — (a) derivative pension and compensation issue to a husband or wife or her daughter or husband or wife and the boy, both, as the case may be; and (b) the remuneration of the issue to his mother or, if his mother is not there, to the father as his dependants, in accordance with the rights of the judge, calculated in accordance with section 4 and 7: provided that the amount of the pension issue given it shall not be less than 1/5 of the final salary but received, however, without prejudice to any pension adjustment issues for the benefit of recipients that can be made in accordance with the provisions of Part IIIA.
(2) derivative pension granted under subsection (1) is payable for a period of twelve and a half years from the date immediately after the date of death the judge while in service; and then the recipient, provided that he is resident in Malaysia shall continue to be paid seventy percent of amount given that.
045b.fm Page 14 Tuesday, April 4, 2006 5:50 PM 15 judges ' remuneration (3) derivative pension granted under subsection (1) shall be paid in accordance with subsection (2) — (a) for life if the recipient was — (i) a husband or wife;
(ii) a child referred to in paragraph (b) interpretation of "child" in section 1A;
(b) for a period in between if the recipient of a child who got education in an institution of higher education but instead of education which leads beyond the first degree.
(4) the Pension issue and the issue of remuneration provided under subsection (1) shall be paid or is payable by any proportion as may be determined by the Yang di-Pertuan Agong and the issue of pension can be assigned again among other recipients eligible any time any recipient dies or is no longer eligible for the payment.
(5) If a Judge dies in service and does not leave a spouse, child, parent's liabilities menakatinya, then the remuneration issue only, calculated in accordance with section 7, shall be paid to the personal representatives of the law the judge of the dead.
Pension issue if the judge died in a retirement 11. (1) (a) If a Judge dies within twelve and a half years from the date of his retirement, Yang di-Pertuan Agong may give a husband or wife or his son, or husband or wife and the boy, both, as the case may be, derivative pension according to the right of the judge for a term of not more than the difference between the twelve and a half years with a period of which the judge is in retirement; and then the recipient, provided that he is resident in Malaysia shall continue to be paid seventy percent of amount given that.
(b) If a Judge dies after a period of twelve and a half years from the date of his retirement, Yang di-Pertuan Agong may give a husband or wife or his son, or husband or wife and the boy, both, as the case may be, the same amount of pension issue with seven 045b.fm Page 15 Tuesday, April 4, 2006 5:50 PM 16 laws of Malaysia ACT 45 of 70 per cent of the pension the judge , provided that the recipient is domiciled in Malaysia.
(2) derivative pension granted under subsection (1) shall be paid in accordance with that subsection — (a) for life if the recipient was — (i) a husband or wife;
(ii) a child referred to in paragraph (b) interpretation of "child" in section 1A;
(b) for a period in between if the recipient of a child who got education in an institution of higher education but instead of education which leads beyond the first degree.
(3) Notwithstanding the provisions of subsection (2), payment of the pension issue shall be made only if the receiver is — (a) If a husband or wife, was married to the judge prior to the date of his retirement;
(b) If a child or stepchildren liabilities, descendants or stepchildren obligations of marriage that has been carried out before the date of retirement of the judge;
(c) If an adopted child, was lifted before the date of retirement of the judge;
(d) If a child is void status, have are contained before the date of retirement of the judge.

(4) for the avoidance of doubt, it is specified that if the marriage with the judge in question had been carried out after the date of his retirement and his death occurred within twelve and a half years from the date of his retirement, spouse or child of the marriage, or a husband or wife and the boy, both, as the case may be, shall be entitled to the pension issue in accordance with the rights of the judge but only during the period of the difference between the twelve and a half years with a period of which the judge is in retirement; and if the death of the judge occurs after the period of twelve and a half years from the date of his retirement, there nothing derivative pension payable.
045b.fm Page 16 Tuesday, April 4, 2006 5:50 PM judges ' remuneration 17 (5) derivative pension granted under subsection (1) shall be paid or is payable by any proportion as may be determined by the Yang di-Pertuan Agong and it can be assigned again among other recipients eligible any time someone the recipient dies or is no longer eligible to receive the payment.
The circumstances in which payment of the pension issue cannot be made or is stalled 11A. (1) Notwithstanding the provisions of sections 10 and 11, there are no any pension payment issues can be made or, if the payment is made, shall cease if the recipient — (a) (Cut by the Act A1170);
(b) a child, other children referred to in paragraph (b) interpretation of "child" in section 1A or in paragraph (c), when she marries or reaches the age of twenty-one years, whichever happens first;
(c) a child who got education in an institution of higher education but instead of education which leads beyond the first degree, when he ceased or cease to get the education or when he married, whichever happens first.
(2) if any person who is receiving or otherwise fixed are entitled to any pension issue — (a) under subsection 10 (2), after the expiration of twelve and a half years from the date following the date of death the judge while in service;
(b) under paragraph 11 (1) (a) after the expiration of the difference between the twelve and a half years from the date of retirement of judges with the retirement of the judge if the judge dies within twelve and a half years from the date of retirement; or 045b.fm Page 17 Tuesday, April 4, 2006 5:50 PM 18 laws of Malaysia ACT 45 (c) under paragraph 11 (1) (b) on the death of the judge while in retirement if the judge dies after a period of twelve and a half years from the date of retirement, not or no longer resident in Malaysia, he cannot be paid or become entitled to paid such derivative pension under any of the provisions referred to in paragraph (a) , (b) or (c) after the expiration of any period referred to in paragraph (a) or (b) or when the event referred to in paragraph (c); and he cannot, if he became a resident of or continued residence status in Malaysia, paid or entitled to be paid a pension issue it.
(3) Notwithstanding the provisions of subsection (2) and sections 10 and 11, the Yang di-Pertuan Agong may generally or specifically exempt any person or class of persons for any reason whatsoever and subject to any such ra t, j i ka there, as the imana d inya include unrated da lam exemption from complying with the requirements of the subsection and the sections so that the person or class of persons domiciled in Malaysia to qualify for any derivative pension under this Act.
Disability pension for Judge 11B. (1) where a Judge ceases to hold office on the ground helpless because of the weakness of body or mind or any other cause to carry out properly the function of his Office by reason of — (a) bear the disaster while performing and arising from official duties or due to an accident on the way; or (b) get the disease because the environmental conditions at the place of his work, he shall be entitled, in addition to the reward, getting a pension and disability pension calculated as a fraction of his salary as follows: 045b.fm Page 18 Tuesday, April 4, 2006 5:50 PM 19 judges ' remuneration (2) Notwithstanding subsection (1), a judge appointed before the date following the date of judges ' remuneration Act (Amendment) Act 1984 [Act A609] published in the Gazette shall make choices in writing within six months from the the date following the date of publication of that either he, or his/her dependants, as the case may be, shall be given either — (a) death and disability benefits provided as appropriate under paragraph 13 of the second schedule; or (b) disability pension and pension liabilities that are assigned as appropriate their masingnya under this section and section 11C, if he's dead or he suffers a disaster in the circumstances referred to in paragraph (1) (a) as a result of an accident referred to in paragraph 13 of the second schedule, and if he does not make such choices, the provisions of paragraph 13 of the Second Schedule shall continue to apply to his case.
(3) subject to subsection (2), if the judge referred to in subsection (1) has been the disaster in a bear area declared security under section 47 the Internal Security Act 1960 [Act 82], the breakdown specified in subsection (1) shall be read as if in that subsection 1/12 was replaced by 1/8, 1/6 to 1/4, 1/4 to 3/8 and 1/3 to 1/2 in wherever it is available.
(4) no Judge is entitled to the disability pension under this section unless the defects the degree of Defect Rate Due Tercacat a bit.................. 1/12 Tercacat........................ 1/6 Tercacat mainly in the ... the ... the ... 1/4 Tercacat all............... 1/3 045b.fm Page 19 Tuesday, April 4, 2006 5:50 PM 20 laws of Malaysia ACT 45 question is permanent, as determined by the Board of medical officers established for that purpose under section 8A (5) for the purposes of subsection (1), "disaster" or "sickness" means a disaster or disease that is not caused by or which cannot be worsened or caused by , negligence or misconduct on the part of the judge in question.
(6) for the purposes of this section and section 11C, "salary" means the salary of judges as specified in the first schedule at the time of incurring catastrophic or suffering from the illness.
(7) where a Judge appointed on or after the date following the date of judges ' remuneration Act (Amendment) Act 1984 and published in the Gazette bear disaster in the circumstances referred to in paragraph (1) (a), he is entitled to a disability pension under this section only and he shall not have any right to make a choice under subsection (2) to be given the death and disability benefits provided as appropriate under paragraph 13 of the second schedule.
Pension 11C. (1) subject to subsection (5), if a judge dies in any of the circumstances referred to in paragraph 11B (1) (a) or (b) and such death occurs within seven years from the date of the disaster or suffer the diseases mentioned it, people as his dependants shall be entitled, in addition to the pension issue and any remuneration issue, get a pension calculated as a fraction of the salary of a judge as follows : (a) to the widow..................... 1/6 (b) If a judge dies it leaves the widow to whom pension granted under paragraph (a), for each children up to a total of six people........................ 1/48 045b.fm Page 20 Tuesday, April 4, 2006 5:50 PM judges ' remuneration 21 (c) If a judge dies without leaving the widow there any pension granted to widows under paragraph (a), for each children up to a total of six people ... ... more 1/24 (d) starting from the date of marriage or date following the date of death the widow a pension was granted to him under paragraph (a), for each children up to a total of six people......... 1/24 (e) if the mother Judge who died fully or it depends largely on the judge for maintenance at the time of his death, to the mother while not having adequate sources of maintenance — (i) if the judge does not leave the dead widow there any pension granted to widows under paragraph (a) 1/6 (ii) if the judge of the dead leaving a widow pension granted to him under paragraph (a)......... 1/12 (f) if the father Judge who died fully or it depends largely on the judge for maintenance at the time of his death, to the father while do not have an adequate source of maintenance — 045b.fm Page 21 Tuesday, April 4, 2006 5:50 PM 22 laws of Malaysia ACT 45 (2) subject to subsection (5), if the judge referred to in subsection (1) has been the disaster in a bear area declared security under section 47 the Internal Security Act 1960 , a breakdown specified in subsection (1) shall be read as if in that subsection 1/6 were replaced with 1/4, 1/48, 1/24, 1/24 to 1/12 and 1/12 to 1/8 in wherever it is available.
(3) Notwithstanding subsection (1) and (2), no such pension payments can be made or, if the payment is made, shall cease if the recipient — (a) (Cut by the Act A1170);

(b) a child, other children referred to in paragraph (b) interpretation of "child" in section 1A or in paragraph (c), when she marries or reaches the age of twenty-one years, whichever happens first;
(c) a child who got education in an institution of higher education but instead of education which leads beyond the first degree, when he ceased or cease to get the education or when he married, whichever happens first;
(d) the mother or father of a judge who died when obtained evidence that the parent is given with enough other sources of living.
(i) if the judge does not leave the dead widow there any pension granted to widows under paragraphs (a) and the capital of the judge is dead or 1/6 (ii) if the judge of the dead leaving a widow pension granted to him under paragraph (a) and principal of the judge is dead............... 1/12 045b.fm Page 22 Tuesday, April 4, 2006 5:50 PM judges ' remuneration 23 (4) a pension granted under this section may be determined again any time any recipient die or cease to be entitled to the payment.
(5) this section shall not apply to dependants of judges paragraph 13 of the Second Schedule applies pursuant to subsection (2) 11B.
Award while if the amount of pension or other benefits yet to be determined 11 d. If a judge or person as his dependants are entitled to any pension or other benefits under this Act but the amount of pension or other benefits is yet to be determined, the Yang di-Pertuan Agong may give judge or person as his dependants such an award while in the form of pension or other benefits while waiting determination of that amount.
Payment without probate or letter of Administration 11E. (1) Notwithstanding the provisions of any written law to the contrary, if a judge is entitled to any payment under this Act dies before payment is made, the amount still outstanding may be paid to a person as his dependants without probate or letter of administration.
(2) any amount outstanding under this section shall not form part of the estate of the dead Judge and shall be used for the benefit of those liabilities.
(3) for the purposes of this section, "unpaid" means has not yet been paid by the Government or has not yet been issued by the judge.
Judges appointed from public service 12. (1) If a judge is appointed from among civil servants and he has not attained the age of fifty years, then such person appointed shall, for the purposes of the law relating to pension or gratuity applies, be deemed to have retired from the service as if he has reached the age of five 045b.fm Page 23 Tuesday, April 4, 2006 5:50 PM 24 laws of Malaysia ACT 45 of 20 years on the date immediately before the appointment that and that person is entitled to a pension or gratuity According to the law mentioned earlier that, calculated according to the number of months of service entry sheets that were due before the date of the appointment.
(2) If a judge is appointed from among civil servants and he has attained the age of fifty years, then such person appointed shall, for the purposes of the law relating to pension or gratuity applies, be deemed to have made the option to retire from the service after reaching the age of fifty years on the date immediately before the appointment, and that person is entitled to a pension or reward should be.
(3) a pension or compensation can be given to a judge under subsection (1) or (2) of this section shall be payable in the case of a judge referred to in subsection (1) when he reached the age of fifty years and in the case of a judge referred to in subsection (2) when he was appointed as a judge: provided that when he reached the age of fifty years , a person referred to in subsection (1) — (a) held the post of judge; or (b) served on the properties in respect of which he has been given permission to retire under section 8B.
(3A) If a person referred to in subsection (1) — (a) died while in Office of judges; or (b) died while serving on the property in respect of which he has been given permission to retire from the position of a judge under section 8B, before attaining the age of fifty years, people as his dependants shall be given derivative pension and remuneration issues according to the law referred to in subsection (1).
045b.fm Page 24 Tuesday, April 4, 2006 5:50 PM judges ' remuneration 25 (3B) Notwithstanding the provisions of subsection (3), where a Judge referred to in subsection (1) retire from Office under paragraph 8 (d) or under section 8A before attaining the age of fifty years, he shall be given a pension and gratuity in accordance with the law referred to in subsection (1), and if he dies while in retirement , those liabilities derivative pension shall be given in accordance with the law.
(3 c) pensions, gratuity, pension issue or reward issue granted under this section shall be in addition to the pension and other benefits that one might be entitled to it under the other Act.
(3D) if the entitlement of any derivative pension or pension liabilities under the laws referred to in subsection (1) is subject to recount any time period from the event under the law, the recount shall commence from the date of pension or disability pension paid or are due paid under this section to a person referred to in subsection (1) and is not otherwise , the laws and regulations referred to in subsection (1) shall apply as modified by this subsection for dependants of judges of this section apply to them.
(3E) the Proviso to subsection (3) does not apply for a judge who has, as required by the Yang di-Pertuan Agong under section 8C, the resigned Judge to serve in a post which other for any period in the interest of the country, and is still serving in the post when he reached the age of fifty years.
(4) this section shall be deemed to have come into operation on the date this Act comes into force: provided that for a judge to be appointed from among members of the public service — (a) who has attained the age of fifty years but not the age of fifty five years before 1 July 1977, the judge cannot be paid pension and remuneration of any period prior to 1 July 1977; and 045b.fm Page 25 Tuesday, April 4, 2006 5:50 PM 26 laws of Malaysia ACT 45 (b) who has attained the age of fifty five years before 1 July 1977, the judge shall be paid the remuneration and pension from the date he reaches age it, and subsection (3) shall apply to all other cases starting from 1st July 1977.
Pension not assignable or detained 13. There are no any pension or other benefits provided under this Act assignable or dipindahmilikkan, or detained, separated or levied for or in respect of any debt or claim whatsoever except debt due to the Government.
Consequential amendments 14. (1) section 2 of the Pension Ordinance 1951 [No. 1 of 1951], as applicable to the States of Malaya, is hereby amended by deleting the words "a Judge of the Supreme Court and" from the definition of "officer" in it.
(2) subject to section 12 and 16, to the extent of Pension Ordinance 1951 referred to earlier, the Pensions Ordinance 1963 Sabah [No. 3 of 1963] and Pension Ordinance Sarawak [Chapter 89], as the case may be, apply to a judge of the Federal Court or a judge of the High Court of Malaya and the High Court in Sabah and Sarawak and the extent to which the provisions of a notification made under section 2 of the pension law that the aforesaid respectively in respect of the Office of a judge shall be deemed to have no any force or effect when this Act comes into force.
Saving of 15. (1) there is nothing in this Act touched a pension or gratuity which has been granted or eligible found by a judge before this Act comes into operation; and pension payment or reward given so can continue and pension or reward eligible found by him that may be granted under any 045b.fm Page 26 Tuesday, April 4, 2006 5:50 PM 27 judges ' remuneration applicable law unless he has adopted pursuant to section 16 so that subject to this Act.
(2) there is nothing in this Act would render the Government liable to pay any more money from the amount payable to a judge as a pension or gratuity as either flowers or otherwise, and either a pension or gratuity is payable before or after this Act comes into force.
PART IIIA PENSION ADJUSTMENT And OTHER BENEFITS For JUDGES And DEPENDANTS Application Of Section 15A. (1) subject to this section, this part shall apply to — (a) the judge who upon retirement receive or become entitled to receive a pension or other benefits under part III;
(b) dependants Judge referred to in paragraph (a) which, on the death while in service or in the retirement of a judge may be, receive or become entitled to receive a pension or other benefits under part III, and residing in Malaysia.
(2) where — (a) a judge who upon retirement; or

(b) any person as his dependants who, when the judge died while in service or in retirement, have fixed otherwise reserves the right to accept or receive any pension or other benefits under part III and this part is not or no longer resident in Malaysia, he shall be paid, or is entitled to be paid a pension or other benefits, if any, that originally was granted under part III and he shall not be paid or entitled to be paid such pension 045b.fm Page 27 Tuesday , April 4, 2006 5:50 PM 28 laws of Malaysia ACT 45 or other benefits under this part; and he shall not be, s e k i r a n y a d i a m e n h a d i p e m us t o r t i n a t o r m e n e r u s k a n residence status in Malaysia, paid or entitled to be paid such pension or other benefits after adjustment under this section.
(3) Notwithstanding subsection (1) and (2), the third Lord Agong may generally or specifically exempt any person or class of persons for any reason and subject to such conditions, if any, as may be specified in the exemption from the requirements of this section that the person or class of persons is domiciled in Malaysia to qualify for the adjustment of any pension or other benefits under this section.
Pension adjustment and other benefits for judges and dependants 15B. (1) subject to part III and this part, pension and other benefits granted to the judges and their dependants under that part before or while performing any current salary shall be adjusted in accordance with this Act and shall be paid or is payable from the date of implementation of the current salary.
(2) the pension of a judge granted under part III shall be adjusted as provided in the third schedule.
(3) any derivative pension granted under part III shall be adjusted as provided in the fourth schedule.
(4) any pension or disability pension granted under part III should be adjusted based on a salary equivalent to that end is received by the judge but factors that apply are the factors under that part.
(5) where there is any doubt in determining the salary equal to the last received for — (a) a judge of the High Court;
045b.fm Page 28 Tuesday, April 4, 2006 5:50 PM 29 judges ' remuneration (b) a judge of the Federal Court or the Court of appeal or the President or chief judge; or (c) the Chief Justice, then salaries equal to the last received in each case shall be respectively determined by — (i) the Chief Judge of the High Court concerned;
(ii) the Chief Justice; or (iii) the Yang di-Pertuan Agong.
PART IV GENERAL Selection 16. A person who has been appointed as a judge before this Act comes into operation may within three months from the date this Act comes into operation choose with writing to subject to this Act; and if he does choose so he shall continue to be subject to any other law applies as if this Act was not approved.
Payment of pension or other benefits 17. A pension or other benefits under this Act shall be paid every month at the end of each month pension or other benefits paid or due at intervals as may be prescribed by the Yang di-Pertuan Agong either generally or in any particular case.
Consolidated Fund Pertanggungan at 18. All payments made under this Act shall be charged at the Federal Consolidated Fund.
045b.fm Page 29 Tuesday, April 4, 2006 5:50 PM 30 laws of Malaysia ACT 45 regulations 19. (1) the Yang di-Pertuan Agong may, after consultation with the Chief Justice, make regulations for the purpose of carrying out the provisions of this Act.
(2) regulations made under subsection (1) may amend or vary the provisions of the first schedule, the second and Fifth.
The Remuneration Of Judicial Commissioner 19A. A person appointed to be a judicial Commissioner under article 122A of the Constitution is entitled to such remuneration as may be provided in the Fifth Schedule.
Repeal 20. Judges ' remuneration act of 1963 is hereby repealed.
The FIRST SCHEDULE [Subsection 2(1)] (1) (2) (3) the judge Salary (retirement) date of commencement 1. Chief Justice RM15, 972.00 per month 1-1-2004 2. President of the Court of appeal of RM14, 002.12 per month 1-1-2004 3. Chief Judge of the High Court in Malaya RM13, 869.02 per month 1-1-2004 4. Chief Judge of the High Court in Sabah and Sarawak RM13, 509.65 per month 1-1-2004 045b.fm Page 30 Tuesday, April 4, 2006 5:50 PM judges ' remuneration 31 SECOND SCHEDULE [Subsection 2 (2)] 1. Residence: 1. The Chief Justice — 2. President of the Court of appeal — 5. Federal Court judge RM13, 017.18 per month 1-1-2004 6. Court of appeal judge RM12, 531.37 per month 1-1-2004 7. Judge of the High Court in Malaya and Sabah and Sarawak RM12, 045.55 per month 1-1-2004 (1) (2) Judge Date comes into operation (i) Special Department of free home furnished complete, or in lieu thereof the rent subsidy of RM3, 150.00 per month;
1-1-1992 (ii) allocation of RM2, 100.00 a month for maid; and 1-1-1996 (iii) allocation of RM4, 100.00 per year for maintenance of the House and page 1-1-1996 (i) Special Department of free home furnished complete, or in lieu thereof the rent subsidy of RM2, 500.00 per month;
1-7-1994 (ii) allocation of RM2, 000.00 per month for maid; and 1-1-1996 045b.fm Page 31 Tuesday, April 4, 2006 5:50 PM 32 laws of Malaysia ACT 45 3. Chief Judge — 4. Federal Court judge — 5. The Court of appeal — (iii) allocation of RM3, 000.00 per year for maintenance of the House and page 1-1-1996 (i) Special Department of free home furnished complete, or in lieu thereof the rent subsidy of RM2, 500.00 per month;
1-1-1992 (ii) allocation of RM2, 000.00 per month for maid; and 1-1-1996 (iii) allocation of RM3, 000.00 per year for maintenance of the House and page 1-1-1996 (i) Special Department of home free full furnished (including compound House) will be maintained free of charge, or in lieu thereof the rent subsidy of RM2, 250.00 a month;
1-1-1992 (ii) allocation of RM1, 000.00 per month for maid; and 1-1-1996 (iii) allocation of RM3, 000.00 per year for maintenance of the House and page 1-1-1996 (i) Special Department of home free full furnished (including compound House) will be maintained free of charge, or in lieu thereof the rent subsidy of RM2, 250.00 a month;
1-7-1994 (ii) allocation of RM1, 000.00 per month for maid; and 1-1-1996 (iii) allocation of RM3, 000.00 per year for maintenance of the House and page 1-1-1996 045b.fm Page 32 Tuesday, April 4, 2006 5:50 PM 33 6 judges ' remuneration. High Court judge — privileges and allowances in this paragraph shall be given or paid even though the Judge has granted loans under the housing loan scheme referred to in paragraph 14.
In this paragraph, "special free Home Department furnished" means housing accommodation provided without charged rent by the Government and provided with furniture in accordance with Government guidelines for the provision of furniture in such dwellings.
2. ENTERTAINMENT ALLOWANCE: (i) Special Department of home free full furnished (including compound House) will be maintained free of charge, or in lieu thereof the rent subsidy of RM2, 250.00 a month;
1-1-1992 (ii) allocation of RM1, 000.00 per month for maid; and 1-1-1996 (iii) allocation of RM3, 000.00 per year for maintenance of the House and page 1-1-1996 (1) (2) (3) Judge Date Amount comes into operation 1. Chief Justice of RM5, 400.00 per month 1-3-1998 2. President of the Court of appeal of RM5, 100.00 per month 1-3-1998 3. Chief Judge of the High Court in Malaya RM5, 100.00 per month 1-3-1998 4. Chief Judge of the High Court in Sabah and Sarawak RM5, 100.00 per month 1-3-1998 5. Federal Court judge RM5, 000.00 per month 1-3-1998 6. The Court of appeal to RM4, 800.00 per month 1-3-1998 7. Judge of the High Court in Malaya and Sabah and Sarawak RM4, 600.00 per month 1-3-1998 045b.fm Page 33 Tuesday, April 4, 2006 5:50 PM 34 laws of Malaysia ACT 45 3. REGIONAL ALLOWANCE: 3A. ALLOWANCE for EMPLOYEES: REGIONAL: 4. SPECIAL ALLOWANCES: (1) (2) Allowances and judges TS date of effect A regional monthly allowance at the rate of 10 per cent of monthly salary shall be paid to the Chief Judge and judges of the High Court in Sabah and Sarawak as long as they serve in the States of Sabah and Sarawak.
1-7-1977 (1) (2) regional Allowances for workers a judge Date comes into operation there shall be paid to any employee of a judge who served in the State of Sabah or Sarawak a regional monthly allowance at a rate of 1-7-1980 (a) 25 percent; or (b) 22 1/2 percent, the monthly salary of the worker if his salary each was — (i) less than RM 360.00; or (ii) between RM and RM 360.00 549.00, per month. Allowance in this paragraph shall be paid to a judge who menggajinya.
(1) (2) special Allowance for a judge with effect from the start date of any special allowances as may be deemed noteworthy by the Government in its discretion on an ad hoc basis.
1-1-1974 045b.fm Page 34 Tuesday, April 4, 2006 5:50 PM 35 4A judges ' remuneration. ALLOWANCE on the JOB HIGHER POSTS: CAR: 5. GOVERNMENT: 6. A DRIVER ALLOWANCE: (1) (2) Allowance on the job higher positions for a judge date of effect

The allowance may be paid to a judge who is carrying out the duties of a higher position by order of the Chief Justice for a period of not less than 28 days to make a payment with a quarter of the real salary for a position higher then.
1-1-1996 (1) (2) allowance for a car, etc., to Date a judge comes into operation a Government including all accessories shall be provided together with a driver to each judge. Maintenance, the provision of petrol/diesel, oil and lubricants for the car shall be borne by the Government. The car Government a judge can dibekali with badges approved by the Chief Justice.
1-1-1996 (1) (2) the uniform allowance and a driver for an effect from the date of the Judge (a) there shall be provided an allowance (including allowance for shelter, living allowances and overtime allowance) for one driver for each Judge at the rate prescribed from time to time by the Government.
1-7-1977 (b) conditions of service of the driver shall be as determined from time to time by the Government.
045b.fm Page 35 Tuesday, April 4, 2006 5:50 PM 36 laws of Malaysia ACT 45 6A. OTHER ALLOWANCE EMPLOYEE: 7. LIVING ALLOWANCES: (c) until set otherwise by the Government, an allowance payable under this paragraph shall be the same as the salaries and allowances paid to drivers in government service.
1-1-1996 Allowances and expenses in this paragraph shall be paid to the judge that employ a driver.
(1) (2) allowance, contributions or an extra income for employees of a judge Date comes into operation there shall be paid for the employee to a judge as mentioned in this schedule any allowances, contribution or additional income that no specific provisions are made in this schedule but paid or allocated by the Government from time to time for the employee to an officer form the highest "A" above in the management team and Professional public service , who works in the Office equivalent or similar as an employee of a judge. Allowances, contributions and additional revenue in this paragraph shall be paid or paid back to the judge who employs that employee.
1-7-1980 (1) (2) the allowance may be paid to a judge Date effect living allowances will be the officer who served in the highest "A" levels on the management and Professional Group of the public service, as amended from time to time: 1-7-1980 provided that if a judge worked more than eight hours outside the headquarters building, he shall be paid the full allowance.
045b.fm Page 36 Tuesday, April 4, 2006 5:50 PM judges ' remuneration 37 8. ACCOMMODATION EXPENSES: 9. ADVANCE to BUY MOTORCAR: 10. FORMAL WEAR etc.: (1) (2) the Expenses that can be claimed by a judge with effect from the start date or accommodation Expenses accommodation allowance payable for serving officer in the highest "A" levels on the management and Professional Group of the public service, as amended from time to time.
1-7-1980 (1) (2) Advance granted to a judge Date effect car loan scheme applicable to officers who served in the highest "A" levels on the management and Professional Group of the public service, as amended from time to time.
1-7-1980 (1) (2) allowance for a judge Date come into force (a) a Judge is eligible to claim assistance payment of clothing allowance at the time of the presiding official of rm750.00 once in 3 years.

1-1-1996 (b) a Judge is eligible dibekali with ceremonial clothing with price as approved by the Treasury.

1-1-1996 (c) a Judge is eligible to receive warm clothing allowance of RM 600.00 once in 3 years when required on duty outside the country or in the country of a member is simple and help spaces costs clothing "Black Tie" rm500.00 once in 3 years.
1-1-1996 045b.fm Page 37 Tuesday, April 4, 2006 5:50 PM 38 laws of Malaysia ACT 45 11. MEDICAL FACILITIES: 12. HOLIDAYS: (1) (2) Facilities a judge and member of his start date in effect (a) all medical facilities given to a serving officer in the primary grades A position in the public service as amended from time to time.
1-1-1996 (b) for treatment abroad, a certificate shall be issued by a medical board set up by the Chief Justice which membership shall be in accordance with subsection 8A (2). Prior to issuing the certificate, the Medical Board shall obtain the approval of the Prime Minister in advance.
1-1-1996 (c) a Judge who receives retirement pension or other benefits under this Act, the spouse of the Judge and his son were each entitled to the same medical facilities such as officer who retires in the primary grades A position in the public service, their spouse and their children.
1-1-1996 (1) (2) different types of leave and the number of days for a judge Date come into force (a) vacation leave 1-1-1996 (i) 35 days in one year excluding holidays and weekly holidays. Vacation leave may be taken in the year the accrued leave and if due to the importance of service, leave not taken in that year, then the leave may be carried forward up to two of the following year, to the third year; provided that the leave is the first year that isn't spent in the third year will expire at the end of the third year.
045b.fm Page 38 Tuesday, April 4, 2006 5:50 PM 39 judges ' remuneration (ii) a judge who wanted to use rehatnya for the purpose of leave travel abroad must obtain prior approval.
Approving authority for the purpose of this is subsubperenggan — (aa) for the Chief Justice, Prime Minister;
(bb) for President, Chief Judge and judges of the Federal Court, the Chief Justice;
(cc) for the other judge, President or chief judge concerned.
(iii) other provisions concerning leave applicable to a serving officer in the primary grades A position in the public service as amended from time to time.
(b) sick leave and facilities related to it 1-1-1996 (i) provisions on sick leave and facilities related to it applicable to a serving officer in the primary grades A position in the public service as amended from time to time.
(ii) in connection with the approval of, a reference to "head of Department" and "certain powers" within the regulating officer in the public service shall be construed as a reference to the Prime Minister in the case of the Chief Justice and the Chief Justice in the case of other judge for the purposes of this subparagraph.
(iii) If a medical board is required to set up for the purpose of subparagraph, the Chief Justice may establish a medical board and membership of the Medical Board shall be in accordance with subsection 8A (2).
045b.fm Page 39 Tuesday, April 4, 2006 5:50 PM 40 laws of Malaysia ACT 45 (c) Leave Mycobacterium tuberculosis, cancer and kusta and other serious diseases 1-1-1996 By interest holidays and treatment facilities can be given to officers serving in the post of A primary grades in the civil service as amended from time to time.
(d) Leave Haji 1-1-1996 once in every service, subject to a maximum limit of 40 days, including weekends and holidays, to the judge who is a Muslim. Approving authority referred to in subparagraph (a) shall be the approving authority for the purposes of this subparagraph. Appointed judge of the judicial and legal service already take opt haji, is not eligible for this facility again while being the judge.
(e) other types of leave (i) maternity leave/maternity leave wife 1-1-1996 can be given as given to civil servants as amended from time to time.
(ii) leave without pay 1-1-1996 can be given as given to civil servants as amended from time to time. In this sub-subparagraph, "without pay" means without salary, rent subsidies, entertainment allowance and special allowance of Justice.
045b.fm Page 40 Tuesday, April 4, 2006 5:50 PM judges ' remuneration 41 12A. PAYMENT in LIEU of LEAVE: (1) (2) the accumulation of leave by a judge to award cash start date takes effect (a) If, due to the insistence of service, a judge is unable to take the annual vacation leave, he may choose to collect up to half of vacation leave are eligible for him but subject to a maximum of fifteen days per year and, upon retirement or death — 1-1-1974 (i) be given a cash award equal to one thirtieth of the monthly salary received by him on for every one day of leave accumulated to a maximum of ninety days; or (ii) convert the accumulated vacation leave, to a maximum of one hundred and eighty days, as services are recognised in calculating pension or individual remuneration.
Any vacation leave that is not taken in the previous year may be taken into consideration in calculating vacation leave for the purposes of this paragraph but subject, however, to the cumulative maximum fifteen days for every year.

"Final salary received" means the basic salary plus the rent subsidy, entertainment allowance and special allowance for a judge of the judicial dead or retired on or after 1 January 1993.
(b) If, due to the insistence of service, a judge is unable to finish its current annual vacation leave, he may choose to collect from the cutinya balance, any number of days not exceeding 15, so that on the day of his retirement or his death the judge or their heirs were given cash award equal to one thirtieth of the monthly salary for each day he received the end up to a maximum of ninety days.
1-1-1996 045b.fm Page 41 Tuesday, April 4, 2006 5:50 PM 42 laws of Malaysia ACT 45 13. DEATH and DISASTER in the ACCIDENT AIRCRAFT: in subparagraph this, "final salary received" means the basic salary plus the rent subsidy, entertainment allowance and special allowance of Justice.
(1) (2) the judge or their dependents as date of effect the liability due to disaster or accidental death plane in time to perform the duties shall be borne by the Government. Interest rates of death and disability benefits as a result of the accident was as follows: 3-9-1971 (a) For death due to a disaster that was found in the accident, a total of RM150, 000.00: provided that if the person or his/her liability in law are entitled to the same benefits under any other provisions of this Act, the person or his/her liability in law it is entitled to according to the choices to one interest only.
(b) for permanent disability caused by a disaster that is found in an accident as a result of — (i) the loss of two members or more by actually separated at or above the wrist or ankle; or direct loss and cannot be restored sight in both eyes; or loss of a limb together with loss of sight of one eye: RM275, 000;
045b.fm Page 42 Tuesday, April 4, 2006 5:50 PM 43 14 judges ' remuneration. HOUSING LOAN SCHEME: 15. SUPPLY of FIRE and WATER: (ii) loss of one member actually separated at or above the wrist or ankle; or direct loss and cannot be restored sight in one eye: RM150, 000.00;
(iii) the helpless direct (direct disability) to take part in or focus on a particular profession or work: RM275, 000;
(iv) partial: at rates of medical assessment, based on the degree of the disability percentage.
(1) (2) housing loan scheme for Judge Date come into force (a) housing loan scheme applicable to officers who served in the highest "A" levels on the management and Professional Group of the public service, as amended from time to time.
1-1-1996 (b) judges appointed from the judicial and legal service that already get a housing loan from the Government while in any grade of his Office is not entitled to this facility again while being the judge.
(1) (2) fire and Water Supply for Judge Date comes into operation a judge shall be paid back payments made to supply fuel and water for home or habitual residence.
1-7-1980 045b.fm Page 43 Tuesday, April 4, 2006 5:50 PM 44 laws of Malaysia ACT 45 16. FARES PAID for TRAVEL ABROAD: (1) (2) Fares paid for travel overseas and dependants certain start date takes effect (a) once in every five years in service, a judge is entitled to the fares paid by the Government to travel abroad to a destination of his choice for herself, spouse and three children as his dependants under the age of twenty-one years. Fares for travel shall not be more than airfare from Kuala Lumpur to London, the first class to the judge and husband or wife and budget for a person or three sons liabilities in accordance therewith.
1-7-1980 (b) if the destination is closer than Kuala Lumpur/London/Kuala Lumpur, only the actual fares to destinations he chose only that which will be paid by the Government. If the selected destination is farther than Kuala Lumpur/London/Kuala Lumpur, judges are required to pay the fare difference over that.
(c) the fare paid are to be used when the judge is still in his Office before a judge retires or leaves his post.
(d) the facility can also be used separately by the judge and his wife or her husband which is not necessarily used at once by the judge with his wife or her husband or at the same time.
045b.fm Page 44 Tuesday, April 4, 2006 5:50 PM judges ' remuneration 45 16A. The FARE PAID to VISIT the ORIGINAL TERRITORY: 17. JUDICIAL SPECIAL ALLOWANCES: (1) (2) paid Fares for travel within Malaysia for the judge and the spouse and kids Date have effect once in every 2 years in service, a judge from Peninsular Malaysia serving in Sabah or Sarawak or a judge from Sabah or Sarawak who served in Peninsular Malaysia was entitled to airfare paid by the Government to travel back to Peninsular Malaysia or Sabah or Sarawak for himself , a husband or wife (first class fare) and three children under the age of twenty-one years (economy class fare).
1-1-1996 (1) (2) (3) Judge Date Amount comes into operation 1. Chief Justice of RM6, 000.00 per month 1-1-1996 2. President of the Court of appeal of RM4, 500.00 per month 1-1-1996 3. Chief Judge of the High Court in Malaya to RM4, 500.00 per month 1-1-1996 4. Chief Judge of the High Court in Sabah and Sarawak RM4, 500.00 per month 1-1-1996 5. Federal Court judge RM3, 750.00 per month 1-1-1996 6. The Court of appeal of RM3, 675.00 per month 1-1-1996 7. Judge of the High Court in Malaya and Sabah and Sarawak RM3, 600.00 per month 1-1-1996 045b.fm Page 45 Tuesday, April 4, 2006 5:50 PM 46 laws of Malaysia ACT 45 THIRD SCHEDULE [Subsection 15B (2)] the FORMULA ADJUSTMENT for RETIRED JUDGE 18. PENSION CARD 1-1-1996 (a) the Chief Justice may issue pension card to a former judge who receives a pension or other benefits under this Act and to the spouse of the Judge for the purposes of identification and to qualify to receive medical benefits and other facilities as may be determined by the Government from time to time.
(b) the pension card must be submitted to Chief Justice when the former Judge is no longer eligible for medical benefits and other such facilities.
(c) if the pensioner card is gone and a new one is needed, then the Judge or former wife or husband should make a police report and a copy of the police report must be submitted to the Chief Justice, who may issue to him a new one.
The type of Pension Formula Interest Judge 1/360 x number of months of service (subject to no more than 180 months) x salary equal to the last received; but the amount of pensions, as adjusted, paid or payable in the case of a judge who retires under paragraph 8 (d) or under section 8A shall not be less than 1/5 of the salary corresponding to that end is received by the judge 045b.fm Page 46 Tuesday, April 4, 2006 5:50 PM judges ' remuneration 47 the FOURTH SCHEDULE [Subsection 15B (3)] the FORMULA ADJUSTMENT for DERIVATIVE PENSION Benefit Formula type of DEPENDANTS Pension issue shall be paid or is payable — (a) for a period of 12 1/ 2 years from the date following the date of death only with the judge in active service on or after 1 July 1980; or 1/360 x number of months of service (subject to no more than 180 months) x salary equal to the last received; but the amount of the pension issue, as adjusted, paid or payable when the judge died in service or in retirement under paragraph 8 (d) or under section 8A shall not be less than 1/5 of the salary corresponding to that end is received by the judge (b) if the death of the judge while in active service or in retirement has occurred in the last 12 1/2 years before 1st July 1980 , for a period (starting from July 1, 1980) the difference between the last 12 1/2 years with a period in which the derivative pension paid or payable before 1 July 1980; or (c) if the Judge's death occurred within 12 1/2 years from the date of his retirement on or after 1 July 1980, during the period the difference between period of 12 1/2 years with a period the judge had been in retirement; and 045b.fm Page 47 Tuesday, April 4, 2006 5:50 PM 48 laws of Malaysia ACT 45 FIFTH SCHEDULE [section 19A] 1. SALARY: 10,000 980.75 per month 2. ENTERTAINMENT ALLOWANCE: RM4, 000.00 per month 3. JUDICIAL SPECIAL ALLOWANCES: RM3, 600.00 per month 4. ACCOMMODATION: free well-furnished Home Special as available (d) for a lifetime (starting on or after 1 July 1980) — (i) after the expiry of the concerned about the issue of pension payment under subparagraph (a), (b) or (c); or 70 per cent of the amount paid or payable under subparagraph (a), (b) or (c) of this paragraph (ii) if the death of the judge while in active service or in retirement occurred before the last 12 1/2 years prior to 1 July 1980; or (iii) if the death of the judge occurs after a period of 12 1/2 years from the date of his retirement on or after 1 July 1980 045b.fm Page 48 Tuesday, April 4, 2006 5:50 PM 49 judges ' remuneration

to Judge of the High Court or in its place a rent subsidy of RM2, 000.00 a month 5. ALLOWANCE and OTHER PRIVILEGES: Allowances and privileges set out in subparagraph 6 (ii) and 6 (iii) in paragraph 1 and paragraph 3, 3A, 4, 5, 6, 6A, 7, 8, 10, 11, 12, 13 and 15 of the second schedule.
045b.fm Page 49 Tuesday, April 4, 2006 5:50 PM 50 laws of MALAYSIA Act 45 JUDGES ' REMUNERATION ACT 1971 LIST AMENDMENT of laws that amend the short title effect from P.U. (A) 403/1972 judges ' remuneration Regulations 1972 22-12-1972 P.U. (A) 360/1973 judges ' remuneration regulations 1973 21-12-1973 P.U. (A) 47/1975 judges ' remuneration regulations 1975 01-04-1974 P.U. (A) 432/1975 judges ' remuneration regulations (Amendment) (No. 2) order 1975 26-12-1975 Act A420 judges ' remuneration Act (Amendment) Act 1978 24-02-1978 Act Judges ' remuneration Act A443 (Amendment) Act 1979, 01-01-1976 P.U. (A) 11/1979 judges ' remuneration regulations (Amendment of second schedule) order 1979, 26-01-1979 Act A463 judges ' remuneration Act (Amendment) (No. 2) order 1979, 14-09-1979 Act A494 judges ' remuneration Act (Amendment) Act 1980 01-07-1980 P.U. (A) 366/1980 judges ' remuneration regulations (Amendment of second schedule) 1980 01-08-1979 P.U. (A) 367/1980 judges ' remuneration regulations (Amendment of second schedule) (No. 2) 1980 01-07-1980 Act A609 judges ' remuneration Act (Amendment) Act 1984 01-07-1980 except s. 1 (2) : 01-01-1985 045b.fm Page 50 Tuesday, April 4, 2006 5:50 PM 51 judges ' remuneration Act A796 judges ' remuneration Act (Amendment), 1991, 12-04-1991 s. 3:01-10-1988 P.U. (A) 405/1991 judges ' remuneration regulations (Amendment of first schedule) order 1991 01-01-1991 P.U. (A) 144/1993 judges ' remuneration regulations (Amendment of schedule) 1993 04-06-1993 except that subregulation. 2 (1): 01-01-1989 and regulations 3 and 4:01-01-1992 Act A872 judges ' remuneration Act (Amendment) Act 1994 01-01-1992 Act A885 Constitution (Amendment) Act 1994 24-06-1994 Act A899 judges ' remuneration Act (Amendment) (No. 2) Order 1994 01-07-1994 P.U. (A) 567/1996 judges ' remuneration regulations (Amendment of second schedule) 1996 15-11-1996 P.U. (A) 378/1997 judges ' remuneration regulations (Amendment of schedule) Order 1997, 02-10-1997 with the exception of the rule. 4 (a): 01-01-1995 and rule 4 (b), (c), (d) and (e): 01-01-1996 P.U. (A) 256/1998 judges ' remuneration regulations (Amendment of Fifth Schedule) Order 1998 01-01-1996 P.U. (A) 298/1998 judges ' remuneration regulations (Amendment of second schedule) Order 1998 01-03-1998 Act A1013 judges ' remuneration Act (Amendment) 1998 01-01-1995 P.U. (A) 55/2000 rules on judges ' remuneration (Amendment of second schedule) order 2000 01-03-1998 laws that amend the short title effect from 045b.fm Page 51 Tuesday , April 4, 2006 5:50 PM 52 laws of Malaysia ACT 45 P.U. (A) 423/2000 rules on judges ' remuneration (Amendment of first schedule and Fifth) 2000 01-01-2000 P.U. (A) 159/2002 judges ' remuneration regulations (Amendment of first schedule and Fifth) 2002 01-01-2002 Act A1170 judges ' remuneration Act (Amendment) Order 2002 01-01-2002 P.U. (A) 67/2005 judges ' remuneration regulations (Amendment of first schedule and Fifth) 2005 01-01-2004 Act A1258 judges ' remuneration Act (Amendment), 2005 21-03-2005 law amending the short title effect from 045b.fm Page 52 Tuesday, April 4, 2006 5:50 PM 53 laws of MALAYSIA Act 45 JUDGES ' REMUNERATION ACT 1971 LIST of SECTION AMENDED Section Power amend the effect from the long Title of the Act A609 01-07-1980 1A A609 Act 01-07-1980 Act A899 01-07-1994 Act A1258 21-03-2005 2 Act A443 01-01-1976 Act A609 01-07-1980 3 Act A443 01-01-1976 Act A609 01-07-1980 4 A609 Act 01-07-1980 5 Act A872 01-01-1992 6 A609 Act 01-07-1980 7 Act A443 01-01-1976 Act A609 01-07-1980 Act A1013 01-01-1995 8 Act A443 01-01-1976 Act A463 14-09-1979 Act A609 01-07-1980 045b.fm Page 53 Tuesday, April 4, 2006 5:50 PM 54 laws of Malaysia ACT 45 A899 Act 01-07-1994 Act A1258 21-03-2005 8A A463 Act 14-09-1979 8B A463 Act 14-09-1979 Act A872 01-01-1992 Act A899 01-07-1994 8C A872 Act 01-01-1992 Act A899 01-07-1994 9 A899 Act 01-07-1994 10 Act A443 01-01-1976 Act A609 01-07-1980 11 A609 Act 01-07-1980 11A A609 Act 01-07-1980 Act A1170 01-01-2002 11B A609 Act 01-07-1980 11C A609 Act 01-07-1980 Act A1170 01-01-2002 11 d A609 Act 01-07-1980 11E A609 Act 01-07-1980 12 Act A443 01-01-1976 Act A420 24-02-1978 Act A609 01-07-1980 Act A872 01-01-1992 Section Power amend the effect from 045b.fm Page 54 Tuesday, April 4, 2006 5:50 PM 55 13 judges ' remuneration Act A609 01-07-1980 15A A609 Act 01-07-1980 15B A609 Act 01-07-1980 Act A899 01-07-1994 17 A609 Act 01-07-1980 19 Act A796 12-04-1991 Act A872 01-01-1992 19A A872 Act 01-01-1992 first schedule of Act A443 01-01-1976 Act A494 01-07-1980 Act A796 12-04-1991 P.U. (A) 405/1991 01-01-1991 P.U. (A) 144/1993 01-01-1992 Act A899 01-07-1994 P.U. (A) 378/1997 01-01-1995 P.U. (A) 423/2000 01-01-2000 P.U. (A) 159/2002 01-01-2002 P.U. (A) 67/2005 01-01-2004 second schedule P.U. (A) 403/1972 22-12-1972 P.U. (A) 360/1973 21-12-1973 P.U. (A) 47/1975, 01-04-1974 P.U. (A) 432/1975 26-12-1975 P.U. (A) 11/1979, 26-01-1979 Section Power amend the effect from 045b.fm Page 55 Tuesday, April 4, 2006 5:50 PM 56 laws of Malaysia ACT 45 P.U. (A) 366/1980 01-08-1979 P.U. (A) 367/1980 01-07-1980 Act A609 01-07-1980 P.U. (A) 144/1993 01-01-1992 Act A899 01-07-1994 P.U. (A) 567/1996 15-11-1996 P.U. (A) 378/1997 01-01-1995 P.U. (A) 298/1998 01-03-1998 P.U. (A) 55/2000 01-03-1998 Table Third Act A609 01-07-1980 fourth schedule A609 Act 01-07-1980 Table the fifth Act A872 01-01-1992 P.U. (A) 256/ 1998 01-01-1996 P.U. (A) 378/1997 01-01-1995 P.U. (A) 423/2000 01-01-2000 P.U. (A) 159/2002 01-01-2002 P.U. (A) 67/2005 01-01-2004 Section Power amend the effect from 045b.fm Page 56 Tuesday, April 4, 2006 5:50 PM