Pensions Act 1980

Original Language Title: Pensions Act 1980

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Laws of MALAYSIA Act 227 REPRINT 1980 PENSION ACT Contains all amendments to 31 December 2006 published by the Commissioner of your browser and law reform, China under the authority of law revision ACT 1968 2010 2 laws of Malaysia Act PENSION ACT 1980 227 assent Date......... February 11, 1980 date of publication in the Gazette......... 28 February 1980 Pension 3 laws of MALAYSIA Act 227 PENSION ACT 1980 arrangement of sections section 1. Short title, commencement and application 2. Interpretation 3. pensions, etc., is not an absolute right 4. pensions, etc., shall be charged to the Federal Consolidated Fund 5. regulations 6. recount pensions, etc.
6a. the exercise of options 7. grant of pensionable 8. officials deemed to be pensionable officer 9. the granting of pensions, etc.
10. forced retirement 11. retirement with needs of Government 12. retirement options 12a. after retirement he was appointed to serve in the 12b. Monthly contributions to the consolidated fund 13. retirement in the public interest 14. pension or reward issue if an officer dies in service 15. pension issue if an officer dies after retiring 16. Terhentinya derivative pension 16a. Terhentinya pension for children have reached the age of eighteen years are deemed valid 4 laws of Malaysia Act 227 section 17. 18. disability pension pension liabilities 19. pensions, etc., cannot be assigned 20. pensions, etc., halted when bankrupt 21. pensions, etc., cease conviction 21a. pensions, etc., is discontinued when acquiring the citizenship of other countries 22. maximum pension 22a. pension serendah-rendahnya for full service 23. suspension of pension 24. grant of allowance retires to temporary officer 25. grant of allowance issued to temporary officer retirement 25a. the circumstances in which a person shall be disqualified from paid pension or retirement allowance issue if non-resident or were no longer resident in Malaysia 26. payment without probate or letter of Administration 26a. payment of prizes for information 27. Amendment of table 28. repeal and saving Pension schedule 5 laws of MALAYSIA Act PENSION ACT 1980 227 an act to make provisions on the administration of pensions, gratuities and other benefits for officers in the civil service as well as their dependents.
[1 January 1976]
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 Act 1980 and shall be deemed to have come into operation on 1 January 1976.
(2) this Act shall apply throughout Malaysia to — (a) officer in the public service who have chosen or deemed to have been choosing any new scheme;
(b) officers in the civil service which has been or is appointed under any new scheme;
(c) officer in the public service because of their choice shall be bound by any new scheme; or (d) a provisional officer in the public service to be appointed prior to 1 January 1976 and who are not given the option to choose the new Scheme comes into operation from that date.
6 laws of Malaysia Act 227 interpretation 2. in this Act, unless the context otherwise requires — "child" means a child of an officer who died — (a) that is a child under the age of twenty-one years and includes — (i) a child born after the death of the officer, stepchildren liabilities and its illegal status of the officer; and (ii) subsidiaries taken as adopted by the officer under any written law relating to adoption or under any customary or generally speaking, satisfactory evidence of the adoption;
and (b) a child regardless of age and who are retarded or disability in terms of physical 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;
"domiciled in Malaysia" means common resident in Malaysia with terbuktinya person in question has his/her habitual residence sole or primary in Malaysia and residing therein for a period or periods of time that are not inconsistent with the keberterusannya residence status in Malaysia and that shows the relationship that ties between him and Malaysia;
"final salary received" means real salary drawn monthly or in the case of retirement under section 12a of the monthly real wages actually paid to him drawn by the establishment, while he is subject to the terms and conditions of service are the same as in the new scheme, and includes any pensionable allowance;
"Director General" means the Director General of the public service;
Pension 7 "officer" means an officer who work full-time in public service;
"pensionable officer" means an officer who has been granted status as a pensionable officer under section 7 or characterized as a pensionable officer under section 8;
"State officer" means an officer in the service of the Government of a State;
"Federal officials" means an officer in the service of the Federal Government;
"the local federal officials" means an officer who direkrut to serve, or modified to the service, under the Federal Government in Sabah or Sarawak and is not changed on a regular basis to the service outside of Sabah or Sarawak;
"rules" means any regulations made under section 5;
"public service" means — (a) the judicial and legal service;
(b) the general public service of the Federal Government;
(c) the police force;
(d) train service;
(e) the education service;
(f) General Public service joint for the Federal Government and for one or several States;
(g) public services for each State;
(h) the parliamentary service; or (i) any other services which are determined by the yang di-pertuan Agong as a public service for the purposes of this Act;
"public service" means the services under a Government set out in the schedule for the officer who was transferred to the public service;
8 laws of Malaysia Act 227 "services that can be included into account" means services prescribed as a service that can be included into account under the regulations;
"statutory authority or local" means a statutory authority or a local authority established by any written law; and the "new scheme" means any salary limits and terms of service have been revised for officers in the public service arising from the revision of salaries and limits as well as the conditions of service of the officer is made by the Federal Government with effect from 1 January 1976, or from any other later revision made by the Federal Government from time to time.
Pensions, etc., is not an absolute right 3. (1) No officer may have the right to get compensation for past service or to receive any pension, gratuity or other benefits under this Act.
(2) if the yang di-pertuan Agong is satisfied that an officer had been guilty of negligence, misconduct or irregularity, then yang di-pertuan Agong may reduce or withhold pension, gratuity or other benefits that the officer should have been entitled to if not for the provisions of this section.
Pensions, etc., shall be charged to the Federal Consolidated Fund 4. (1) a pension, gratuity or other benefits provided under this Act or the regulations made thereunder shall be charged to the Federal Consolidated Fund.
(2) for the purposes of this Act, a pension, gratuity or other benefits does not include any cash award given in lieu of vacation leave accumulated to an officer that his salary is not paid from the Federal Consolidated Fund.
9 pension regulations 5. (1) the yang di-pertuan Agong may make regulations for the purposes of this Act.
(2) Notwithstanding the provisions of any other written law, regulations made under this section may be given effect in recent times to a date earlier than start the currency of this Act so as to give benefits to any person or delete something terkait weaknesses at any person.
Recount pensions, etc.
6. (1) any pension, gratuity or other benefits granted under this Act shall be calculated in accordance with the regulations; provided that, for retirement under paragraph 10 (5) (a) or under section 12a, the amount of the pensions provided shall not be less than one-fifth from the last pay received by the officer.
(2) for the purposes of subsection (1), an officer who retires before confirmed in his post for a second or subsequent, final salary received is final salary received for his earlier in which he confirmed if he continued to hold his position before it until his retirement.
Exercise of options

6a. (1) An officer appointed on or after start the currency of this section shall, before being confirmed in his post, reserves the right to select the employees Provident Fund scheme.
(2) an option under subsection (1) shall be made to the relevant authorities appoint according to a way determined by the Director General.
(3) exercise of options by an officer under this section shall come into operation at the time he was confirmed in his Office and shall at that time be final.
10 laws of Malaysia Act 227 (4) when an officer chose the employees Provident Fund scheme, the provisions of this Act, except that this section shall not apply to such officer.
(5) an officer who choose the employees Provident Fund scheme shall retire from the civil service on reaching the age of fifty-six years.
(5) subsection (5) shall not apply to an officer who was appointed before October 1, 2001 and have been granted options before that date and not choose forced retirement age fifty six years.
(6) the yang di-pertuan Agong, in respect of federal officials or local or federal officials, State authorities, with respect to State officials, may require an officer who selects the employee Provident Fund scheme so that retired from public service in any of the circumstances referred to in paragraph 10 (5) (a), (b), (c), (d), (e) and (f).
(7) in this section "employees ' Provident Fund scheme" refers to a provident fund set up under the employees Provident Fund Act 1991 [Act 452], including an approved Fund as defined in the Act.
Grant of pensionable 7. An officer may be granted permanent status as a pensionable officer if he has — (a) confirmed in his post for now; and (b) overdue for not less than three years of service that can be included into account.
Officials deemed to be pensionable officer 8. Without prejudice to section 7, the following officers shall be deemed to be pensionable officer: (a) an officer who has entered or is eligible to be included in pensionable employment under Pension 11 Pension Ordinance 1951 [Ord. 1 1951] before 1 July 1977, the Pensions Ordinance of Sabah 1963 [Ord. 3 1963] or the Pensions Ordinance Sarawak [Chapter. 89] before from 1 July 1978, as the case may be;
(b) a permanent officer and has been confirmed dead in the service, retired medical reason or under section 12a before the completion of ten years service that can be included into account; or (c) an employee retirement pension under the statutory authorities and local 1980 [Act 239] or any other written law converted regular appointment to the public service.
The granting of pensions, etc.
9. (1) the yang di-pertuan Agong may provide a pension, gratuity or other benefits to a pensionable officer when — (a) forced to retire under section 10; or (b) choose to retire under section 12 after the completion of a period of not less than ten years of service that can be included into account; or (c) retired under section 11.
(d) (Cut by the Act A625).
(2) the yang di-pertuan Agong may provide a pension, gratuity or other benefits to an officer that if the retirement is pensionable under section 12a.
Forced retirement 10. (1) subject to subsection (2), (3) and (4), an officer shall be retired from the civil service when he reached the age of fifty-six years.
(2) If an officer reaches the age of fifty-six, and a criminal or disciplinary proceedings which may be decided with her conviction or dismissed yet 12 laws of Malaysia Act 227 again finished, then its services shall be deemed to have been extended beyond the age calculated but unpaid leave until his case was decided.
(3) if the criminal or disciplinary proceedings under subsection (2) is not decided with her conviction or dismissed, then he shall retire on reaching the age of fifty-six, and length of service after this age is not a service that can be included into account.
(4) subsection (1) shall not apply to — (a) the Secretary to the House of representatives or the Secretary of the Senate; and (b) the officer who resigned after started the currency of this Act but before it aired.
(c) (Cut by the Act A1124).
(5) the yang di-pertuan Agong, in respect of federal officials or local or federal officials, State authorities, with respect to State officials, may require any officer so that she retired from the public service — (a) if the Director General or State Secretary, as the case may be, is satisfied on the evidence of the doctor that the officer is unable to perform the duties of his Office, due to the weakness of mind or body that may be permanent;
(b) when it holds positions eliminated;
(c) for the purposes of that Department Organization where the officer worked easily repaired and thus produce more efficiency or economy;
(d) on the ground that the officer's employment has been terminated in the public interest;
(e) on the ground that the officer had freely joined (other than marriage) acquire citizenship, or use the right citizenship, or have made Pension 13 Declaration of loyalty to, any country other than Malaysia or on the ground that the officer has been stripped of citizenship Malaysianya; or (f) on the ground that the officer had, for the purpose of appointment to the public service — (i) make any statement or provide any information, either orally or in writing, either swear or otherwise; or (ii) provide any documents, which are false, erroneous, inaccurate, incomplete, or misleading or likely to mislead, and his appointment to the public service had been made partly or wholly with backed up statement, information or document: provided that the pension under this paragraph may not be exercised unless the officer has been given a reasonable opportunity to make representations thereon to the yang di-pertuan Agong or the State authority , as the case may be.
(6) paragraph (5) (f) shall apply only in respect of an officer appointed to the public service after started the currency of this subsection.
(7) retirement age forced fifty six years provided for in subsection (1) shall apply to an officer appointed on or after 1 October 2001.
(8) a forced retirement age fifty six years provided for in subsection (1) shall not apply to an officer who was appointed before October 1, 2001 and have been granted options before that date and not choose forced retirement age fifty six years.
(9) the options for forced retirement age fifty six years carried out by an officer referred to in subsection (8) shall not be cancelled.
14 laws of Malaysia Act 227 Retirement with the Government 11. Notwithstanding sections 10 and 12, with the agreement of the officer — (a) the yang di-pertuan Agong may require someone to federal officials so as to retire at any age — (i) on the ground of national interest; or (ii) in the interest of the public service; and (b) the State authority may require an officer of the State so that retirement at any age — (i) with the approval of the yang di-pertuan Agong, on grounds of national interest; or (ii) in the interest of the public service.
Retirement options 12. (1) the yang di-pertuan Agong, in respect of an officer of the other State officials, or State authority, with respect to State officials, may, on the application of the officer, grant agreement on the retirement of an officer upon or after attainment of age forty years.
(2) where an officer appointed before the currency of this section retires under subsection (1), such officer may be granted pensions only when it reaches the age of — (a) forty-five years for — (i) a female officer;
(ii) an officer fire service officer rank low and below;
(iii) a police officer below the rank of Assistant Superintendent of police;
(iv) a prison officer below the rank of Superintendent; and pension 15 (v) a male nurse at a mental hospital; or (b) fifty years for an officer men, other than an officer referred to in subparagraph (a) (ii) to (v).
(3) where an officer who is appointed after started the currency of this section retires under subsection (1), such officer may be granted pensions only when reaching age fifty six years.
(3a) an officer who retires under subsection (1) may be given during his retirement rewards, cash award given in lieu of accumulated leave or other benefits.
(3b) where an officer referred to in subsection (3) who were appointed before 1 October 2001 and have been granted options before that date have not chosen the forced retirement age fifty six, subsection (3) shall apply to him by substituting for the words ' fifty six ' with the word ' fifty-five '.

(4) If an officer who resigned under subsection (1) dies before attaining the age of forty five years or fifty years or fifty five years or fifty six years, as the case may be, the yang di-pertuan Agong may immediately provide to the person specified in the regulations of the pension issue not less than one-fifth of the salary drawn by an officer dead and rewards issued or reward issue only.
(5) subject to section 16, pension issue given the circumstances of subsection (4) shall be payable for a period of not more than twelve and a half years from the date immediately following the date of the death of the officer; and then the recipient, provided that he or she is resident in Malaysia shall continue to receive Seventy per cent of the amount given that.
After retirement he was appointed to serve in the Organization of 12A. (1) subject to subsection (2), (3) and (4) where an officer the retirement age of forty-five years for female officer or under the age 16 laws of Malaysia Act 227 of the fifty years for the male officer appointed by or with the approval of the Government to serve in any organization, however the way it is set up and whether or not the Government or any State Government has any interest in it , either directly or indirectly, or in any other international organization of which the Government of a Member State, he shall be deemed to have retired from the civil service at the date he left the public service and the officer, if he dies before attaining the age of forty five years or fifty years, as the case may be, shall, for the purposes of section 14, be deemed to have died in the service if at the time of his death he was in the service of the organization or any of its subsidiaries or establishments of the international , or, if at that time he had not been in the service, he had been in the service for a continuous period of not less than five years from the date he left public service.
(2) If an officer the retirement age of forty-five years for females or less than fifty years for the male officer appointed by or with the approval of the Government to serve in any organization on terms and conditions of service are the same as in the new scheme, he may be granted a pension, gratuity or other benefits upon attaining the age of fifty six years if he has served in that organization or any of its subsidiaries for a period of continuous less than five years from the date he left public service, and in such case, any such period of service with the organization or any of its subsidiaries under the terms and conditions of service are the same as in the new scheme can be included into account for the purpose of providing pensions, gratuities or other benefits to the officer.
(2a) where an officer referred to in subsection (2) who were appointed before 1 October 2001 and have been granted options before that date have not chosen the forced retirement age fifty six, subsection (2) shall apply to him by substituting for the words ' fifty six ' with the word ' fifty-five '.
A pension 17 (3) for an officer to the retirement that subsection (2) shall not apply to him, he may be granted a pension, gratuity or other benefits upon attaining the age of forty-five years for female officers or fifty years for the man, if he has served in the organization or any of its subsidiaries or international organizations into which he has been appointed by or with the approval of the Government for a continuous period of not less than five years from the date he left the public service or up to the age forty five years or fifty years, as the case may be, whichever is the earlier.
(4) Notwithstanding subsection (2) and (3), if the officer's service is terminated by the organization or any of its subsidiaries or international organizations into which he was appointed by or with the approval of the Government for the reduction of employee or sick, or if the contract is not renewed in respect of his appointment in an international organization that, he may be granted a pension, gratuity or other benefits.
Monthly contributions to the consolidated fund 12b. organisation into which a person pensionable officers appointed by or with the approval of the Government under section 12a (2) shall make monthly contributions to the consolidated fund at the rate of seventeen and a half percent of the monthly salary of the officer for each pensionable officer while he is subject to the terms and conditions of service are the same as in the new scheme.
Retirement in the public interest 13. the Yang di-pertuan Agong may, if it thinks fit, give a pension, gratuity or other benefits to an officer who retires under paragraph 10 (5) (d) or (f), but the lesser amount not more than the amount that the officer should have been entitled to in the event of a pension, gratuity or other benefits is calculated based on actual old services that can be included into account.
18 laws of Malaysia Act 227 Pension or reward issue if an officer dies in service 14. (1) If a pensionable officer dies in service, the yang di-pertuan Agong may deliver to the person specified in the regulations of the pension issue not less than one fifth of the salary drawn by an officer dead and the remuneration issue or just reward issue only.
(2) subject to section 16, derivative pension granted under subsection (1) shall be payable for a period of not more than twelve and a half years from the date of the following immediately after the date of death of the officer, and then the receiver shall, provided that he resides in Malaysia, continued to receive Seventy per cent of the amount given that.
Pension issue if an officer dies after retirement 15. (1) subject to section 16 — (a) If a pensionable officer dies within twelve and a half years from the date of his retirement from the civil service, the yang di-pertuan Agong may deliver to the person specified in the regulations a derivative pension equal to the lesser amount of pension paid to him for a period not exceeding the difference between the twelve and a half years with the dead officer retirement; and then the issue of pension shall continue to be payable at the rate of seventy percent of the amount provided; and (b) If a pensionable officer dies after a period of twelve and a half years from the date of his retirement from the civil service, the yang di-pertuan Agong may deliver to the person specified in the regulations of the pension issue the same number with seventy percent of the officer's pension: provided that any pension issue after the expiry of the period of twelve and a half years from the date of his retirement should be made only if the recipient — Pension 19 (i) in respect of a person the widow or widower , was married to the dead officer while the officer is still in service;
(ii) in respect of a person's son or stepchildren liabilities, is a child or stepchildren liabilities as a result of marriage while the officer is still in service;
(iii) in respect of a person adopted children, is a child to be taken under any written law relating to adoption or under any custom or prevalence during the officer still in service; or (iv) in respect of a person not valid status, is a son that is contained during the officer is still in service, and domiciled in Malaysia.
(2) If an officer dies after his retirement but during the period of retirement before his death his retirement has not been given or has ceased under section 20 or 21, subsection (1) shall apply and for this purpose, the officer shall be deemed to have received the pension.
Terhentinya pension issue 16. (1) derivative pension or retirement allowance issue granted under this Act shall cease if the recipient — (a) (struck by A1171 Act);
(b) a child, other than a child's retarded or physical disability and permanently and unable to bear himself or a child referred to in paragraph (c), when the marriage or upon attaining the age of twenty-one years, whichever is earlier; or (c) a child who is being educated at a higher education institution but not more than lessons towards a first degree, at the end or 20 laws of Malaysia Act 227 stopped getting the education or when married, whichever is earlier.
Terhentinya pension for children have reached the age of eighteen years is deemed to be valid

16A. (1) Notwithstanding the provisions of section 16, if prior to the publication of this Act any costs of derivative pension or other benefits payable to a child have been halted after the child reaches the age of eighteen years, the termination and any division of derivative pension or other benefits to any other dependants as a result of the cessation shall be deemed to have been done perfectly and to be valid.
(2) if subsection (1) shall apply, but the child eligible under this Act paid derivative pension or other benefits, the child shall, subject to section 16, be paid pension issue or other benefits payable to him from tersiarnya of this Act.
17. disability pension (1) the yang di-pertuan Agong may provide, in addition to the payments made under section 9 or 24, where applicable, the disability pension under the regulations if an officer, other than a contract officer, are required to retire in consequence of — (a) bear the disaster while performing and arising from official duties or due to an accident on the way; or (b) get diseases that for the type of job the cause himself exposed.
(2) for the purposes of subsection (1), disaster or illness means a disaster or disease that is not caused by, which does not become more severe due to or resulting from negligence or wrong manner.
Pensions pension 21 18. the Yang di-pertuan Agong may provide, in addition to the pension issue and issue rewards to the dependants of an officer a pension specified in the regulations if — (a) the officer dead in the circumstances under section 17; and (b) the death occurred within a period of seven years from the date he bear disaster or get the disease.
Pensions, etc., cannot be assigned 19. Any pension, gratuity or other benefits granted under this Act shall not be assigned or transferred, or detained, separated or levied on a claim, except for the purposes of — (a) settle the debt due to the Federal Government, or the Government of a State, or a statutory authority or local; or (b) discharge the order of the Court so that periodically paid a sum of money for a living for his wife or former wife or child who is a minor, whether valid or not, officer status that has been granted a pension, gratuity or other benefits.
Pensions, etc., halted when bankrupt 20. (1) an officer shall not be granted a pension, gratuity or other benefits if at the date he retired from the public service — (a) he becomes bankrupt or declared condemned as needy by any court, whether in Malaysia or elsewhere; and (b) he has not got relief from punishment or declaration.
(2) a pension or other benefits provided under this Act to a person who is subsequently sentenced to be 22 laws of Malaysia Act 227 bankrupt or declared as needy by any court, whether in Malaysia or elsewhere, shall cease immediately.
(3) the yang di-pertuan Agong may give allowances to the liability, and to maintenance or benefits pensioners, wives or children, if the pension, gratuity or other benefits not given under subsection (1), or cease under subsection (2), and the allowance shall be equal to the amount of pension, gratuity or with other benefits that officer or the pensioner should be entitled to if he doesn't become a bankrupt or is fortunate.
(4) for the purposes of subsection (3), the money used to settle debts of an officer or pensioner shall be regarded as having been used for its benefits.
(5) if one is relief from bankruptcy or poor, then his retirement or other benefits shall be given back to him from the date of the release.
Pensions, etc., cease conviction 21. (1) subject to subsection (2), if any person who has been granted a pension or other benefits under this Act imposed the death penalty or imprisonment for a period by a court, then the pension or other benefits shall cease immediately.
(2) a pension or other benefits under subsection (1) shall be provided with effective in recent times for a person after conviction gets forgiveness.
(3) where a pension or other benefits cease under subsection (1), the yang di-pertuan Agong may give allowance liabilities number equal to all or any part of the money the pensioners should be entitled to a pension or other benefits as he may deem fit to the wife or child of a living and retirees their benefits and, after the expiration of his sentence, also for the benefit of retired itself.
23 pension pensions, etc., is discontinued when acquiring the citizenship of other countries 21A. (1) where a person who has been granted a pension or other benefits under this Act has been freely joined with (other than marriage) acquire citizenship, or has used the right citizenship, or has made a declaration of loyalty to, any country other than Malaysia or have been deprived of citizenship Malaysianya, pensions or benefits that other shall cease immediately.
(2) If a pension or other benefits cease under subsection (1), there are no pension or other benefits may be provided to dependents.
Maximum pension 22. (1) a pension granted to an officer under this Act shall not exceed half of final salary he received.
(2) where an officer has been granted a pension or is granted a pension in respect of other public service, then he can be given the full pension she is entitled to in respect of public service, but no such officer may issue from the Federal Consolidated Fund pension amount which, when added to the amount of pension received in respect of other public service, exceeding six per ten from the final salary he received.
(3) for the purposes of subsection (2), a pension in respect of other public service pension means the amount he might be if he chooses not to be a replacement pension dibayarkan pension and permanent decline.
(4) for the purposes of this section, any interest granted under section 17 or 18 shall not be taken into account.
Pension serendah-rendahnya for full-service 22A. in respect of pension has been calculated based on the services that can be included into account for a period of not less than 24 laws of Malaysia Act 227 twenty-five years, the amount payable under this Act shall not be less than one hundred and eighty dollars a month or any amount as determined by the yang di-pertuan Agong from time to time by notification in the Gazette.
Suspension of pension 23. (1) where an officer who is granted a pension under this Act or under any written law reappointed as a regular officer in the public service, then the yang di-pertuan Agong may suspend the pension during the period he was re-elected as a permanent officer.
(2) subject to subsection (1), where a retired officer under subparagraph 11 (a) (i) or 11 (b) (i) and within five years of retirement that involves itself in any activity that may conflict with the purposes of he disarakan, yang di-pertuan Agong may suspend his retirement until he attained the age of fifty six years or genapnya retirement for five years, whichever is earlier.
(2a) where an officer referred to in subsection (2) who were appointed before 1 October 2001 and have been granted options before that date have not chosen the forced retirement age fifty six, subsection (2) shall apply to him by substituting for the words ' fifty six ' with the word ' fifty-five '.
(3) in respect of retirement under subparagraph 11 (b) (i), subsection (2) shall apply only in respect of an officer appointed to the public service after started the currency of this subsection.
Grant of allowance retires to temporary officer 24. When an officer while continuing to serve under a new Retirement Scheme under section 10, 11 or 12, the yang di-pertuan Agong may give allowances retirement and return number equal to three quarters of pensions and benefits respectively asked due to the Pension 25 an officer retiring on pensionable under the same circumstances under this Act if he in the meantime — (a) has served continuously with the Federal Government or a State Government before of 1 January 1976 and up to the date of his retirement after 1 January 1976;
(b) has been overdue for not less than ten years of service that can be included into account by the Federal Government or a State Government; and (c) has at the date of his appointment is not liable to pay contributions to the employees Provident Fund or Provident Fund etc.
Grant of e or later retired to issue temporary officer 25. Subject to section 16 — (a) where a temporary officer to death in service

and should be eligible for allowances retirement and benefits under section 24 if he had retired at the date of his death, yang di-pertuan Agong may deliver to the person specified in the regulations — (i) the issue of remuneration equal to the amount of the remuneration of the officer; and (ii) the issue of retirement allowance equal to the amount of retiring allowance such officer, for a period of not more than twelve and a half years from the date the following immediately after the date of the officer's death, and after that, provided the recipient resident in Malaysia, seventy percent of allowances provided;
(b) where a temporary officer who is receiving retirement allowances die within twelve and a half years from the date of his retirement, retiring allowance issue the same number with the officer retirement allowance may be granted to the person specified in the regulations for a period of not more than 26 laws of Malaysia Act 227 difference between twelve and a half years with the dead officer retirement; and then the issue of retirement allowance shall continue to be payable at the rate of seventy percent of the amount provided;
(c) where a temporary officer who have received allowances retirement died after a period of twelve and a half years from the date of his retirement, retiring allowance issue the same number with seventy percent of retiring allowances the dead officer may be given to the person specified in the regulations: provided that for the recipient referred to in paragraph (b) or (c), any provision of allowance for retirement issue after the expiry of the period of twelve and a half years shall be made only if the recipient — (i) in respect of a person the widow or the widower married the dead officer while the officer is still in service;
(ii) in respect of a person's son or stepchildren liabilities, is a child or stepchildren liabilities as a result of marriage that occurred while the officer is still in service;
(iii) in respect of a person's adoption, a child to be taken under any written law relating to adoption or under any customary or generally speaking, while the officer is still in service; or (iv) in respect of a person not valid status, is a son that is contained during the officer is still in service, and domiciled in Malaysia.
The circumstances in which a person shall be disqualified from paid pension or retirement allowance issue if non-resident or were no longer resident in Malaysia 25A. (1) if any person specified in the regulations is receiving or otherwise entitled to Pension fixed 27 receive any derivative pension retirement allowance or issue, as the case may be — (a) under subsection 14 (2) or subparagraph 25 (a) (ii), after the expiration of not more than twelve and a half years from the date immediately after the date of death of the officer in the service;
(b) under paragraph 15 (1) (a) or 25 (b), after the expiration of the difference between the twelve and a half years from the date of retirement of the officer with the retirement period the officer where the officer died within twelve and a half years from the date of retirement; or (c) under paragraph 15 (1) (b) or 25 (c), when the youth of the officer while in retirement where the officer died 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 allowance or retirement issues under any of sections stated 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 or the issue of retirement allowance.
(2) Notwithstanding subsection (1), the Minister, or any officer authorized by him in writing to do so, can be generally or specifically exempt any person or class of persons for any reason whatsoever as specified in the exemption from the requirements of this section for the person or class of persons so resident in Malaysia to qualify for any pension or other benefits under this Act.
Payment without probate or letter of Administration 26. (1) Notwithstanding the provisions of any written law to the contrary, if a person to whom any payment is made under this Act and regulations-28 laws of Malaysia Act 227 rules made thereunder to death before payment is made, the amount remaining unpaid is payable to the person as his dependants without probate or letter of administration.
(2) If an officer dies in service, any cash payment that may be paid in lieu of accumulated leave provided under the regulations may be paid to a person as his dependants without probate or letter of administration.
(3) where any payment is made in good faith under this section and in accordance with the provisions of this Act and the regulations made thereunder, such payment shall be a full discharge and should be all liabilities, and no action, suit or proceeding in respect of such payment or who questioned about the payment can be taken or held against the Government or any officer or pekhidmatnya.
(4) for the purposes of this section — (a) "dependants" means — (i) to the widow of the deceased;
(ii) a widower to deceased;
(iii) the son of the deceased; or (iv) the mother of a dead officer, or if his mother dead, father as his dependants;
(b) "unpaid" means has not been paid by the Government or have not been issued by the person concerned.
Payment of prizes for information 26A. (1) the Director General may order payment of gift as he thinks fit to any members of the public to information provided that led to convictions for — (a) fraud cases to enjoy pension and other benefits granted under this Act; or (b) an offence under regulations made under this Act.
29 pension (2) whatever gift payable under this Act shall be charged to the Federal Consolidated Fund.
Amendment of Schedule 27. the Yang di-pertuan Agong may by notification in the Gazette declare any other public service became the schedule for the purposes of this Act.
Repeal and saving 28. (1) subject to subsection (2), the Pension Ordinance 1951 as applicable to those who choose the new scheme or who are appointed under the new scheme is repealed.
(2) the Pension Ordinance 1951 Pension Ordinance 1963, Sabah and Sarawak Pension Ordinance shall continue to apply to an officer who did not select a new Scheme or who are not appointed under the new scheme.
table [section 2] brunei Government.
Government of hong Kong.
The Government Of Singapore.
30 laws of Malaysia Act 227 laws of MALAYSIA Act 227 PENSION ACT 1980 List amendment of laws that amend the short title of the Act in force A495 Act pension (Amendment) Act 1980 01-07-1980 A568 Act pension adjustment Act (Amendment) Act 1983 01-07-1980 A625 Act Pension Act 1985 (Amendment) 13-09-1985 A644 Pension Act (Amendment) Act 1986 16-05-1986 except s. 3, 7, 12:01-01-1976; s. 9, 11:01-07-1980 A793 Pension Act (Amendment) Act, 1991 12-04-1991 A823 Pension Act (Amendment) Act 1992, 17-07-1992 except s. 2:01-06-1991; q. 3:01-01-1992; s. 4:12-04-1991 Act A1124 pension (Amendment) Act, 2001 01-10-2001 A1171 Act Pension Act (Amendment) Order 2002 01-01-2002 31 Pension laws of MALAYSIA Act PENSION ACT 227 Section List which 1980 amended Section Power Amend with effect from 1 Act A644 16-05-1986 2 A495 Act Act Act Act A568 A625 A644 01-07-1980 01-07-1980 13-09-1985 16-05-1986 6 Act A495 A625 Act 01-07-1980 13-09-1985 6a A823 Act Act Act A793 A1124 12-04-1991 1991-01-06 01-10-2001 7 Act A823 01-01-1992 8 Act A625 A793 Act 13-09-1985 12-04-1991
9 A625 Act Act Act A495 A644 01-07-1980 13-09-1985 16-05-1986 10 A793 Act Act Act A644 A1124 16-05-1986 12-04-1991 01-01-2001 11 Act A644 01-01-1976 12 A823 Act Act Act A793 A1124 12-04-1991 12-04-1991 01-10-2001 32 laws of Malaysia Act 227 Section Power Amend with effect from 12a A495 A625 Act Act Act Act A644 A1124 01-07-1980 13-09-1985 16-05-1986 01-10-2001 12b A625 Act 13-09-1985 13 Act A793 12-04-1991 14 A495 Act 01-07-1990 15 Act A495 A644 Act 01-07-1980 01-07-1980 16 Act A495 A1171 Act 01-07-1980 01-01-2002 16a A495 Act 01-07-1980 21a A644 Act 16-05-1986 22a A495 Act 01-07-1980 23 of A793 A1124 Act 12-04-1991 01-10-2001 25 Act A495 A644 Act 01-07-1980 01-07-1980 25a A568 Act 01-07-1980 26 Act A644 01-01-1976 26a A644 Act 16-05-1986 printed by pErCETAKAN NASioNAL MALAySiA bErhAd, KUALA LUMpUr on behalf and by order of the Government of MALAySiA jw515114 17-12-2009