WM laws of MALAYSIA Act REPRINTING RETIREMENT FUND ACT 584 teachers (SABAH) (DISSOLUTION) Order 1998 Containing all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 5842 ACT RETIREMENT FUND teachers (SABAH) (DISSOLUTION) Order 1998 Royal Assent Date.................. June 25, 1998, the date of publication in the Gazette............ July 9, 1998 REPRINT BEFORE Reprinting the first............ 2002 retirement fund teachers (Sabah) (Dissolution) 3 laws of MALAYSIA Act 584 ACT RETIREMENT FUND teachers (SABAH) (DISSOLUTION) Order 1998 ARRANGEMENT of SECTIONS section 1. Short title and commencement 2. Interpretation 3. Abolition and liquidation of 4. The transfer of the powers, rights, etc.
5. Transfer of property 6. Transfer money 7. Existing contracts, etc.
8. Officers responsible for pension payment 9. Payment of the amount of bulk 10. Payment without probate or letter of Administration 11. Payment shall be in full discharge 12. Continuation of the criminal proceedings and civil law 13. Prevent difficulties or anomalies 14. Termination of the regulations the laws of Malaysia ACT 5844 retirement fund teachers (Sabah) (liquidation) 5 laws of MALAYSIA Act 584 ACT RETIREMENT FUND teachers (SABAH) (DISSOLUTION) Order 1998 an act for abolishing the teachers Retirement Ordinance 1963 (Sabah), to dissolve the retirement fund teachers and Board of management established under the Ordinance, to enforce all their wealth to the Government and to provide for other matters connected therewith.
[1 December 1998, P.U. (B) 488/1998]
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 and commencement 1. (1) this Act may be cited as the Pension Fund Act teachers (Sabah) (Dissolution) Order 1998.
(2) this Act shall come into force on such date as the Minister may, by notification in the Gazette.
Interpretation 2. In this Act, unless the context otherwise requires — "the Government" means the Federal Government;
"Fund" means the Fund the retirement of teachers established under section 3 of the Ordinance;
Laws of Malaysia ACT 5846 "Board" means the Board of management established under subsection 4 (1) of the Ordinance;
"Minister" means the Minister charged with the responsibility for finance;
"eligible person" means the person entitled to a retirement allowance, gratuity, pension or other retirement benefits under the Ordinance;
"Ordinance" means the teachers Retirement Ordinance 1963 (Sabah) [Sabah Ord. 20 1963];
"pension" means a retirement allowance annual payable under section 7 Ordinance, and includes any gratuity, pension, or other retirement benefits payable under the Ordinance;
"specified date" means the date specified by the Minister under section 1.
Abolition and liquidation 3. Repealed Ordinance and the Board and the Fund established under it dissolved.
The transfer of the powers, rights, etc.
4. All the powers, rights, privileges, duties, liabilities and obligations immediately before the specified date is the power, rights, privileges, duties, liabilities and obligations of the Board shall, from the date that, down to the Government.
Transfer of property 5. All immovable property and assets immediately before the specified date vested in the Fund or any person or body acting on his behalf shall, on the date set, vested in the Government.
Transfer money 6. All funds on, or payable to, the Fund shall, at the date specified, are transferred to, and vested in, the Government.
Retirement fund teachers (Sabah) (Dissolution) 7 existing Contracts, etc.
7. All deeds, bonds, agreement, instrument and work arrangements that existed immediately before the date stipulated and touching any property and money will flow under sections 5 and 6 shall have effect and full effect in favour of the Government or against and can fully and effectively enforced as if the Government, not the Board or the Fund, or any person or body acting in his stead , has been named in it or has become a party to it.
Officer responsible for the payment of pensions 8. Sabah State Treasurer shall be responsible for the execution of payment of the amount provided for in section 9.
Payment of the amount of bulk 9. (1) a person is, on 15 February 1983, persons eligible to be paid the amount as recommended in the actuarial report dated 30 August 1996 and any penyemakannya after that made by the actuary and an additional forty percent on that amount.
(2) bulk Amount payable under subsection (1) shall be paid out of the moneys referred to in section 6 and, if the money is not enough for the purpose, of property and assets referred to in section 5.
(3) for the purposes of this section, "actuary" means the actuary appointed by the Board under this Ordinance for the purpose of determining the amount to be paid under this Act.
Payment without probate or letter of Administration 10. (1) Notwithstanding any law to the contrary, if a person who is entitled to which any payment is made under subsection 9 (1) already laws of Malaysia ACT 5848 dead or dying before payment is made, the amount remaining unpaid is payable to people as his dependants without probate or letter of administration.
(2) if there is more than one person liability that payment can be made to him under subsection (1), the payment shall be made in an amount equal to the liabilities of that.
(3) if there are no dependants, the amount payable under subsection (1) shall form part of the estate of a person who is eligible to be dead.
(4) for the purposes of this section — (a) "son of" in respect of persons eligible dead means — (i) children under the age of twenty-one years qualified people and includes — (A) a child born after the death of people who are worth it, stepchildren liabilities and void the eligible person status; and (B) subsidiaries taken as adopted by the person entitled under any written law relating to adoption or under any customary or generally speaking, satisfactory evidence of the adoption;
and (ii) a child regardless of the age or retarded in terms of physical disability and permanently and unable to bear himself provided the child is retarded or disability in terms of physical and permanently before the child reaches the age of twenty-one years;
and (b) "dependants" means — (i) the widow to the qualifying is dead;
(ii) the eligible widower who is dead;
Retirement fund teachers (Sabah) (liquidation) 9 (iii) son of people eligible is dead; or (iv) the mother of people eligible is dead or if her mother is dead, the father ditanggungnya.
Payment shall be in full discharge 11. If payment is made in good faith under section 9 or 10 and in accordance with the provisions of this Act — (a) the payment shall be a full discharge and should be all liabilities of the Government under the Ordinance and this Act and no person is eligible to be entitled to any payment extension after that; and (b) no action, suit or proceeding questioned the payment or for payment of any other amount may be carried or held against the Government or any officer or pekhidmatnya.
Continuation of the criminal proceedings and civil 12. (1) the repeal of the Ordinance shall not affect the liability of any person prosecuted or sentenced for offences under the Ordinance prior to the date specified, or any proceedings that have been taken or penalties have been imposed before that date in respect of the offence.
(2) any proceedings (whether civil or criminal) or cause of actions pending or existed, immediately before the date set, by or against the Board or any person or body acting on his behalf may be continued or commenced by or against the Government as the proceedings may be continued or commenced by or against the Board or any person or body it seems this Act has not been approved.
(3) any appeal brought, or any permission to appeal applied, on or after the date specified, against a decision given before the date specified in any legal proceedings in which the Board or any person or body acting on behalf of a party may be brought by or against the Government laws of Malaysia ACT 58410 as the appeal may be brought by or against the Board instead-instead of this Act has not been approved.
Prevent difficulties or anomalies 13. (1) where any difficulty or anomalies arises in connection with the implementation of this Act, the Minister may by order make such modifications to any of the provisions of this act as it considers necessary to eliminate or prevent difficulties or anomalies that:
Provided that the Minister shall exercise the powers conferred by this section after the expiration of three years from the date specified.
(2) in this section "modification" includes amendment, addition, deletion, replacement, adjustment, alteration, alteration and ketakpakaian of any of the provisions of this Act.
Termination of regulations 14. All regulations made under section 18 Ordinance shall cease to have effect on the date specified.
Retirement fund teachers (Sabah) (Dissolution) 11 laws of MALAYSIA Act 584 ACT RETIREMENT FUND teachers (SABAH) (DISSOLUTION) Order 1998 LIST AMENDMENT law short title effect amend from – no – laws of Malaysia ACT 58412 laws of MALAYSIA Act 584 ACT RETIREMENT FUND teachers (SABAH) (DISSOLUTION) Order 1998 LIST SECTION AMENDED Section Power amend with effect from – THERE are –