Statutory And Local Shares Pensions Act 1980

Original Language Title: Statutory and Local Authorities Pensions Act 1980

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JW515160 Act 239 tiny laws of MALAYSIA Act REPRINTING 239 PENSION ACT STATUTORY AUTHORITY and LOCAL 1980 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2010 2 laws of Malaysia ACT PENSION ACT 239 STATUTORY and LOCAL AUTHORITY 1980 date of Assent............... July 31, 1980 date of publication in the Gazette......... 7 August 1980 Pension statutory and local Authority 3 laws of MALAYSIA Act PENSION ACT 239 STATUTORY and LOCAL AUTHORITY 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 consolidated fund 5. Recount pensions, etc.
6. The granting of pensionable 6A. Exercise of options 6B. Employees retirement can choose the employees Provident Fund scheme 6 c. Recent contributions to the employees Provident Fund of 6 d. Employers can offer employees Provident Fund scheme 6E. Employees retirement can choose pension scheme And the employees Provident Fund 6F. Employers can offer the scheme under section 6E 6 g. Persistence of application of this Act and the adoption Act 452 7. Employees deemed to be pensionable employees 8. Contribution to 9. The granting of pensions, etc.
10. forced Retirement 11. Retirement with Minister 12. Retirement option 13. After retirement he was appointed to serve in the Organization 14. Retirement in the public interest 4 laws of Malaysia ACT 239 section 15. Pension or reward issue where an employee dies in service 16. Pension issue where an employee dies after retirement 16A. 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 17. Terhentinya pension issue 18. Terhentinya pension for children have reached the age of eighteen years are deemed valid 19. 20. disability pension Pension liabilities 21. Pensions, etc., cannot be assigned 22. Pensions, etc., halted when bankrupt 23. Pensions, etc., cease conviction 23A. Pensions, etc., is discontinued when acquiring the citizenship of other countries 24. Pension maximum 25. Pension serendah-rendahnya for full service 26. Suspension of pension 27. Payment without probate or letter of Administration 28. Regulations 29. Action 52 30. Payment of prizes for information 31. Winding up Pension pension scheme for statutory and local Authority 5 laws of MALAYSIA Act PENSION ACT 239 STATUTORY and LOCAL AUTHORITY 1980 an act to make provisions on the administration of pensions, gratuities and other benefits for staff in statutory and local authorities and their dependants in accordance with a salary revision and the limits and conditions of service of the employee is made by the Government with effect from 1 January 1976.
[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 Pension Act statutory authority and local 1980 and shall be deemed to have come into operation on 1 January 1976.
(2) this Act shall apply throughout Malaysia for the staff in statutory and local authorities — (a) who have chosen or are deemed to have chosen new scheme;
(b) who was appointed under the new scheme; or (c) that by reason of their choice that are bound by the new scheme.
6 laws of Malaysia ACT 239 interpretation 2. In this Act, unless the context otherwise requires — "resident 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;
"salary" means the monthly salary includes any pensionable allowance payable according to salary scales in the new scheme;
"final salary received" means the monthly real wages actually drawn payable to an employee before he retired or dead or in the case of retirement under subsection 13 (2) monthly real wages actually paid to him drawn by the establishment when he enjoy the same terms and conditions as per the new scheme; provided that for an employee who receives any pensionable allowance pensionable allowances shall form part of the salary end of merit; "The employees Provident Fund" means the Provident Fund set up under the employees Provident Fund Act 1991 [Act 452], including an approved Fund as defined in the Act;
"employer" means a statutory authority or local;
"Minister" means the Minister responsible for the pension;
"employee" means a person who works full time in the statutory authority or local;
"pensionable employee" means an employee who has been granted pensionable under section 6 or deemed to have been given pensionable under section 7;
Pension for statutory and local Authority 7 "regulations" means regulations made under section 28;
"service" means the service under the Government, the Government of any State, or in any statutory authority or local;
"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 statutory or local authority within the limits of the field of the new scheme;
"the pensions authority" means the Director General of the public service or any officer authorized by him in writing to act on his behalf;
"the relevant authorities" means the body of the Board or a Manager or local statutory authority;
"New scheme" means any salary limits and terms of service have been revised for staff in statutory and local authorities arising from the revision of salaries and the limits and conditions of service of the employee is made by the Government with effect from 1 January 1976, or from any other later revision made or approved by the Government from time to time;
"The employees Provident Fund scheme" means a scheme under which an employee ceases to be eligible pensionable employee status or cease to be pensionable employees and instead are required to contribute, together with the employer, to the employee Provident Fund;
"Pension scheme And the employees Provident Fund" means a scheme under which an employee continues to be pensionable employees are required to contribute, and when his option effect and by virtue of its options, the employees Provident Fund.
8 laws of Malaysia ACT 239 pensions, etc., is not an absolute right 3. (1) no employee 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 relevant authorities have proven to the satisfaction of the Minister that an employee had been guilty of negligence, misconduct or irregularity, then the Minister may reduce or withhold pension, gratuity or other benefits that the worker should be entitled to if not for this section.
Pensions, etc., shall be charged to the Consolidated Fund 4. (1) Pension, remuneration and other benefits granted under this Act shall be charged to the consolidated fund with effect from 1 January 1981.
(2) payment of any pension, gratuity or other benefits provided under this Act until 31 December 1980 shall be made from the Fund set up under the retirement fund statutory and local Authority 1977 [Act 185].
Recount pensions, etc.
5. (1) any pension, gratuity or other benefits granted under this Act shall be calculated in accordance with the regulations; provided that in the case of retirement under paragraph 10 (5) (a) or under section 13, the amount of the pensions provided shall not be less than a fifth of the final salary received by the employee.
(2) for the purposes of subsection (1), final salary received by an employee who retires before confirmed in his post for a second or subsequent is the final salary received for his Office referred to earlier in which he confirmed if he continued to hold his Office referred to earlier until his retirement.
Statutory Authority pension and local 9 Granting pensionable 6. Pension authorities can give the employee a regular employee retirement to someone 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.
Exercise of options 6A. (1) an employee 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 a according to the prescribed manner by the pension authorities.
(3) exercise of options by an employee under this section shall come into operation at the time he was confirmed in his Office and shall at that time be final.
(4) when an employee selects the employees Provident Fund scheme, the provisions of this Act, except for this section and section 26 shall not apply to such employees.
(5) an employee who chooses the employees Provident Fund scheme shall retire from service statutory authority or local when they reach the age of fifty-six years.
(5) subsection (5) shall not apply to an employee 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 authority may, with the agreement of pension authorities, require an employee to choose the employees Provident Fund scheme so that retired 10 laws of Malaysia ACT 239 of statutory authority or local in any of the circumstances referred to in paragraph 10 (5) (a), (b), (c), (d), (e) and (f).
Employees retirement can choose the employees Provident Fund scheme 6B. (1) an employee — (a) a pensionable employee status has been granted under section 6 or be deemed to be an employee of pensionable under paragraph 7 (a), (b) or (c); or (b) who were appointed before 12 April 1991 and has not been given the status of an employee retirement, can choose the employees Provident Fund scheme.
(2) an option under subsection (1) shall be made to the relevant authority appointed by a manner approved by the relevant pension.
(3) exercise of options by an employee under this section shall come into operation when the option is received by the authority to appoint and shall at that time be final.
(4) an employee pension scheme shall cease to be pensionable employees when his option effect.
(5) subject to subsection (6), the provisions of this Act, in particular subsection 8 (1), shall cease to apply to an employee retirement when his option effect.
(6) Subsection 6A (5) and (6) and section 6 c and 6 d shall apply to an employee who chooses the employees Provident Fund scheme under this section.
Recent contributions to the employees Provident Fund 6 c. An employer must make contributions, in respect of each employee to the retirement that its options have come into operation, the employees Provident Fund Pension statutory authority and local 11 rate of seventeen and a half per cent of the employee's monthly salary for each month in the period beginning on the date the employee is an employee of the pension scheme under section 6 or section 7 and ends on the date he ceases to be an employee on pensionable under section 6B.
Employers can offer employees Provident Fund scheme of 6 d. For the purposes of this Act, it shall be lawful for an employer offers to its employees the option to choose the employees Provident Fund scheme under section 6B.
Employees retirement can choose pension scheme And the employees Provident Fund 6E. (1) an employee who has been granted the standard pensionable employee under section 6 or be deemed to be an employee of pensionable under paragraph 7 (a), (b) or (c), can choose pension scheme And the employees Provident Fund.
(2) an option under subsection (1) shall be made to the relevant authority appointed by a manner approved by the relevant pension.
(3) exercise of options by an employee under this section shall come into operation when the option is received by the authority to appoint and shall at that time be final.
(4) an employee shall continue to be an employee of pensionable retirement when his option effect, but the service after his option effect cannot be taken into account for the purpose of computing services that can be included into account.
Employers can offer the scheme under section 6E 6F. For the purposes of this Act, it shall be lawful for an employer offers to its employees the options referred to in section 6E.
12 laws of Malaysia ACT 239 Survivorship and application of Act application of Act 452 6 g. (1) subject to subsection (4), 6E provisions of this Act, except subsection 6A (4), section 6B, 6 c, 6 d and subsection 8 (1), shall continue to apply, and the employees Provident Fund Act 1991 shall apply, for the retirement of workers who choose pension scheme And the employees Provident Fund under subsection 6E (1).
(2) for the purposes of this Act, if an employee Pension Scheme And the pension scheme chosen employees Provident Fund under subsection 6E (1), he may, when he retired under section 10, 11, 12 or 13 of statutory authority or local, provided pensions, gratuities or other benefits based on services that can be included in the statutory authority or the local , calculated in accordance with the regulations.
(3) If an employee pension scheme who choose pension scheme And the employees Provident Fund under subsection 6E (1) — (a) dies in service statutory authority or local, that employee shall, for the purposes of section 15, is deemed to have died in active service; or (b) married while in service statutory authority or local, the marriage shall, for the purposes of section 16, be deemed to be a wedding that occurred while the employee is still in service.
Employees deemed to be pensionable employees 7. Notwithstanding section 6, the following employees shall be deemed to be pensionable employees: (a) an employee who has entered or is eligible to be included in pensionable employment under the retirement fund statutory and local Authorities before 1977 from 1 July 1977 for an employee in Peninsular Malaysia or 1 July 1978 for an employee in Sabah or Sarawak;
Statutory Authority pension and local 13 (b) an employee who has been granted status of an employee pension scheme by the relevant authorities prior to publication of this Act;
(c) an officer pensionable under the Pension Act 1980 [Act 227] or any other written law and converted regular appointments to statutory authority or local; and (d) an employee regular and have been confirmed dead in the service, who is retiring on medical reasons or under section 13 before the completion of ten years service that can be included into account: provided that if an employee is found to have been granted status as an employee pension scheme with harm by the relevant authorities, pension authorities may direct the relevant authorities so that the granting of such status and cancel after the pension authority shall be responsible for granting the pensionable the employee under section 6.
Contributions 8. (1) an employer shall make monthly contributions to the Pension Trust Fund established under the pensions Trust Fund Act 1991 [Act 454] at the rate of seventeen and a half percent of salary workers for every person pensionable employees and the rate shall come into effect from 1 January 1981.
(1A) the Establishment of an employee pension scheme appointed by or with the approval of the Government under subsection 13 (2) shall make monthly contributions to the Pension Trust Fund established under the pensions Trust Fund Act 1991 at the rate of seventeen and a half per cent of the monthly salary of the employee in respect of each workers retirement while he enjoy the terms and conditions of service similar to that in the new scheme.
(2) Notwithstanding subsection (1), all monthly contributions by an employer up to 31 December 1980 shall be paid into the Fund that 14 laws of Malaysia ACT 239 established under Act retirement fund Statutory Authorities and local 1977 and after tergulungnya the Fund, all contributions and earnings, less any payments made on the pension, remuneration or benefits granted under this Act , shall be transferred to the consolidated fund.
(3) Notwithstanding subsection (1), all contributions made by an employer for every person pensionable employees in accordance with the rates specified in the second schedule to the Pension Fund Act statutory authority and local 1977 to 31 December 1980 shall be deemed to have been made successfully.
(4) if the amount of monthly contributions that an employer be bayarkan for all pensionable employees are not paid within the period prescribed in the regulations, the employer shall pay interest on that amount at the rate of half a percent for each month or part of a month after the expiration of the period for which that amount is still not paid except that interest shall be collected only for arrears occurring after 1 January 1981.
(5) the Minister may, with the agreement of the Minister of finance, by order amend the rate under subsection (1) and (4).

(6) the Minister of finance can exempt interest payable under subsection (4) by the employer if he is satisfied that the delay is not due to an act or is due to an act beyond the control of the employer.
The granting of pensions, etc.
9. (1) an employee pension scheme can be given pensions, gratuities or other benefits when — (a) forced to retire under section 10;
(b) retirement under section 11; or (c) 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.
Statutory Authority pension and local 15 (2) an employee pension scheme can be given pensions, gratuities or other benefits if he retired under section 13.
Forced retirement 10. (1) subject to subsection (3) and (4), an employee shall be retired from the service statutory authority or local when they reach the age of fifty-six years.
(2) (struck by A1125 Act).
(3) If criminal proceedings or disciplinary action as may be decided by an employee is convicted or dismissed has not yet been completed when he reached the age of fifty-six years, then its services shall be deemed to have been extended beyond the age calculated but unpaid leave until his case was decided.
(4) If criminal proceedings or disciplinary action under subsection (3) is not decided with her conviction or dismissed, then he shall retire on reaching the age of fifty-six years of age and length of service after this age is not regarded as a service that can be included into account.
(5) the authority may, with the agreement of pension authorities, require any employee so that retired from service in the statutory authority or local — (a) if the pension authority is satisfied on the evidence of the doctor that the employee 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 organization's statutory authority or local employee is working easily repaired and thus produce more efficiency or economy;
16 laws of Malaysia ACT 239 (d) on the ground that the employee has terminated employment in the public interest;
(e) on the ground that the employee is freely joined with (other than marriage) has acquired citizenship or have used the right citizenship, or has made a declaration of loyalty to, any country other than Malaysia or on the ground that such employee has been deprived of citizenship Malaysianya; or (f) on the ground that the employee has, for the purpose of appointment to the service statutory authority or local — (i) make any statement or provide any information, either orally or in writing, either swear or otherwise; or (ii) provide any documents, fraudulent, erroneous, inaccurate, incomplete, or misleading or likely to mislead, and his appointment to the service statutory authority or local has been made partly or wholly with backed up statement, information or document: provided that the pension under this paragraph may not be exercised unless that employee has been given a reasonable opportunity to make representations thereon to the relevant authorities.
(6) paragraph (5) (f) shall apply only in respect of employees who are appointed to statutory authorities service or local after started the currency of this subsection.
(7) retirement age forced fifty six years provided for in subsection (1) shall apply to an employee 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 employee who was appointed before October 1, 2001 and have been granted options before that date and not choose forced retirement age fifty six years.
Statutory Authority pension and local 17 (9) Options for forced retirement age fifty six years carried out by an employee referred to in subsection (8) shall not be cancelled.
Retirement with Minister 11. Notwithstanding the provisions of sections 10 and 12, with the agreement of the worker, the Minister may require that an employee so that retirement at any age — (a) on the ground of national interest; or (b) in the interest of service statutory authority or local.
Retirement options 12. (1) the authority may, with the approval of pension authorities on the application of the employee, grant agreement on retirement an employee upon or after attainment of age forty years.
(2) where an employee is appointed before the currency of this section retires under subsection (1), such employee may be granted pensions only when it reaches the age of — (a) forty-five years for — (i) a female employee; and (ii) an employee of a fire service officer rank low and below; or (b) fifty years for a worker man, in addition to the employee referred to in subparagraph (a) (ii).
(3) where an employee is appointed after started the currency section in retiring under subsection (1), such employee may be granted pensions only when it reached the age of fifty-six years.
(3A) an employee who retires under subsection (1) may be given during his retirement gratuity or other benefits.
18 laws of Malaysia ACT 239 (3B) If an employee 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 employee 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 Minister may forthwith give to the person specified in the regulations of the pension issue not less than one-fifth of the final salary received by an employee of the death gratuity or reward and issue issue only.
(5) subject to section 17, the pensions 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 death of the employee; 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 13. (1) subject to subsection (2), (3) and (4), where an employee is on pensionable ages less than forty-five years for female employees or aged fifty years for male workers appointed by or with the approval of the Government to serve in any organisation, however no way it is set up and whether or not the Government or any State Government has an 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 service statutory authority or local at the date he left the authority, and the worker, if he dies before attaining the age of fifty years or forty five years, as the case may be, shall, for the purposes of section 15 , is deemed to have died in the service if at the time of his death he was in the service statutory authority Pension organizations and local 19 it or any of its subsidiaries or the international organisation, 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 service statutory authority or the local.
(2) If an employee is on pensionable ages less than forty-five years for female employees and fifty years for male workers appointed by or with the approval of the Government to serve in any organization on or after March 17, 1986 in accordance with the terms and conditions of service 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 of not less than five years from the date he left service statutory authority or local that, in the case of such, any period of service in accordance with the terms and conditions of service are the same as in the new scheme with the establishment or any of its subsidiaries can be included into account for the purpose of providing pensions, gratuities or other benefits to the worker.
(2A) where an employee 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) for an employee pension scheme 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 employees or fifty years for male workers if he has served in the organization or any of its subsidiaries or international organization he appointed by or with the approval of the Government for a continuous period of not less than five years from the date he left service statutory authority or local or up to the age of forty five years or fifty years, as the case may be, whichever is the earlier.
20 laws of Malaysia ACT 239 (4) Notwithstanding subsection (2) and (3), if an employee is terminated by service organizations or any of its subsidiaries or international organization he 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.
Retirement in the public interest 14. The Minister may, if he thinks fit, give a pension, gratuity or other benefits to an employee who retires under paragraph 10 (5) (d) or (f), but its recoverable amount cannot exceed the amount that the worker should be entitled to in the event of pensions, gratuities or other benefits is calculated based on actual old services that can be included into account.
Pension or reward issue where an employee dies in service 15. (1) where an employee dies in Service pensionable, the Minister may give to the person specified in the regulations of the pension issue not less than one fifths of final salary received by an employee dead and reward issue or just reward issue only.
(2) subject to section 17, 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 employee, and then the receiver shall, provided that he resides in Malaysia, continued to receive Seventy per cent of the amount given that.
Pension issue where an employee dies after retiring 16. (1) subject to section 17 — (a) If an employee retirement die within twelve and a half years from the date of his retirement the Minister may give to the person specified in the regulations a derivative Pension Pension is the lesser statutory authority and local 21 equally by the amount of the pension was paid to him for a period not exceeding the difference between the twelve and a half years with the dead employee retirement; and then the issue of pension shall continue to be payable at the rate of seventy percent of the amount provided; and (b) where an employee dies after pensionable period of twelve and a half years from the date of his retirement the Minister may give to the person specified in the regulations of the pension issue the same number with seventy percent of the workers 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 — (i) in the case of a person the widow or widower , was married to the employee who died while the employee is still in service;
(ii) in the case of a person's son or stepchildren liabilities, is a child or stepchildren liabilities of marriage that occurred while the employee is still in service;
(iii) in the case of a person adopted is a child to be taken under any written law relating to adoption or under any custom or the prevalence of current employee is still in service; or (iv) in the case of a person not valid status, is a child who is contained while the employee is still in service, and domiciled in Malaysia.
(2) If an employee pension scheme's death after his retirement but during the period of retirement before the death of the employee is his retirement has not been given or has ceased under section 22 laws of Malaysia ACT 239 22 or 23, subsection (1) shall apply and the employee for that purpose shall be deemed to have received the pension.
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 16A. (1) subject to section 17, if any person specified in the regulations is receiving or otherwise entitled to receive fixed any derivative pension allowance or retirement issue, as the case may be — (a) under subsection 15 (2), after the expiration of not more than twelve and a half years from the date immediately after the date of death of the employee is in service;
(b) under paragraph 16 (1) (a), after the expiration of the difference between the twelve and a half years from the date of retirement of the employee with the employee retirement period in which the employee died within twelve and a half years from the date of retirement; or (c) under paragraph 16 (1) (b), on or after the youth that employee while in retirement where the worker 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 may be specified in the exemption of Pension statutory authority and local 23 that than comply with 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.
Terhentinya pension issue 17. Derivative pension granted under this Act shall cease if the recipient — (a) (struck by A1172 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 beyond lessons towards a first degree, at the end or stop getting the education or when married, whichever is earlier.
Terhentinya pension for children have reached the age of eighteen years are deemed valid 18. (1) Notwithstanding section 17, 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 person other liability by reason of such termination 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 17, paid the pensions Division issue or other benefits payable to him from tersiarnya of this Act.
24 laws of Malaysia ACT 239 Pension disability 19. (1) in addition to the payments under section 9, the Minister may provide disability pension under the regulations where an employee, other than an employee contract, 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 "sickness" means a disaster or disease that is not caused by or which do not become increasingly severe due to or arising from, negligence or incorrect manner.
Pension liabilities 20. In addition to the pension issue and the remuneration issue, the Minister may give to the dependants of an employee a pension specified in the regulations if — (a) the worker died in the circumstances under section 19; 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 21. 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 Government, or the Government of a State, or a statutory authority or local; or

(b) perform a court order so that the periodic sums paid to maintenance for his wife or former wife or child, whether legitimate or not, the standard to which the employee has been granted a pension, gratuity or other benefits.
Statutory Authority pension and local 25 Pension, etc., halted when bankrupt 22. (1) an employee shall not be granted a pension, gratuity or other benefits if at the date he retired from service in the statutory authority or local — (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 bankrupt or declared as needy by any court, whether in Malaysia or elsewhere, shall cease immediately.
(3) the Minister may give an allowance of maintenance obligations to, and to maintenance or benefits, employee or the pensioner, wife 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 the employee or pensioner is supposed to 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, employee 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 23. (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.
26 laws of Malaysia ACT 239 (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 Minister may provide a number of maintenance liabilities allowance 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.
Pensions, etc., is discontinued when acquiring the citizenship of other countries 23A. (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) no pension or other benefits may be provided to dependents.
Pension maximum of 24. A pension granted under section 9, 15 or 16 shall not exceed half of final salary received by the employee.
Pension serendah-rendahnya for full service 25. In respect of pension has been calculated based on the services that can be included into account for a period of not less than 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 Minister from time to time by notification in the Gazette.
Statutory Authority pension and 27 Local 26 pension Suspension. (1) where an employee is granted a pension under this Act or under any written law was re-elected as a permanent employee, then the Minister may suspend the pension during the period he was re-elected.
(2) subject to subsection (1), if an employee retired under paragraph 11 (a) and within five years of his retirement the worker involves itself in any activity that may conflict with the purposes of he disarakan, the Minister 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 employee 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) applies by substituting for the words ' fifty six ' with the word ' fifty-five '.
Payment without probate or letter of Administration 27. (1) Notwithstanding the provisions of any written law to the contrary, if a person to whom any payment is made under this Act and the regulations 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) 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.
(3) for the purposes of this section — (a) "dependants" means — (i) to the widow of the deceased;
28 laws of Malaysia ACT 239 (ii) widower to deceased;
(iii) the son of the deceased; or (iv) the mother of workers who die, 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.
Regulations 28. The Minister may make regulations for the purposes of this Act, but such regulations shall not make the provision of any pension, gratuity or other benefits of pension, gratuity or other benefits provided in accordance with regulations made under the Pension Act 1980.
Action 29 29. The Act of any person or authority for pension authorities pending the Declaration of this Act shall be deemed to have done successfully.
Payment of the prize to information 30. (1) pension authorities may order payment of the prize as it 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.
(2) any gift payable under this Act shall be charged to the Federal Consolidated Fund.
Statutory Authority pension and pension schemes Winding 29 Local 31. (1) the funds of a pension scheme or local statutory authority under the new scheme shall be wound up on a date determined by the Minister of finance by notification in the Gazette in each particular case, and when the winding up of the Fund must be transferred all assets and liabilities charged to the Federal Consolidated Fund.
(2) Notwithstanding any law to the contrary, when tergulungnya pension scheme Fund statutory authority or local authority pension shall exercise the powers and perform the duties of the appropriate authority for the scheme.
(3) no nothing in this section shall be deemed to diminish the amount of pension, gratuity or other benefits of an employee that was supposed to be entitled to if not for this section.
30 laws of Malaysia ACT 239 laws of MALAYSIA Act PENSION ACT 239 STATUTORY and LOCAL AUTHORITY 1980 LIST AMENDMENT of laws that amend the short title effect from pension adjustment Act A568 Act (Amendment) Act 1983 01-07-1980; with the exception of paragraph 14 (a): 16-12-1983 A619 Act Pension Act statutory and local Authority (Amendment) Act 1985 31-05-1985 A645 Act Pension Act statutory and local Authority (Amendment) Act 1986 16-05-1986; except s. 3, 8 and 10:01-01-1976; s. 6:01-07-1980; s. 5:31-05-1985 and s. 7:16-05-1986 Act Pension Act A794 statutory and local Authority (Amendment) Act 1991 12-04-1991 Act Pension Act A824 statutory and local Authority (Amendment) Act 1992, 17-07-1992; with the exception of s. 2:01-01-1992; s. 3 & 4:01-06-1991; s. 5:12-04-1991; s. 6:01-06-1985 Act Pension Act A904 statutory and local Authority (Amendment) Act 1994 01-01-1992 A986 Act Pension Act statutory and local Authorities (Amendment) 1997, 31-01-1997 Statutory Authority Pension and 31 Local laws that amend the short title effect from Act Pension Act A1006 statutory and local Authorities (Amendment) (No. 2) Order 1997, 01-12-1997 Act Pension Act A1125 statutory and local Authority (Amendment) Act 2001 01-10-2001 A1172 Act Pension Act statutory and local Authority (Amendment) Act 2002 01-01-2002 32 Laws of Malaysia ACT 239 laws of MALAYSIA Act PENSION ACT 239 STATUTORY and LOCAL AUTHORITY 1980 LIST SECTION AMENDED

Power to amend section in force from 2 A568 Act Act Act Act A619 A904 A1006 01-07-1980 01-06-1985 01-01-1992 01-12-1997 5 Act A619 01-06-1985 6 Act A824 01-01-1992 6A Act A794 A824 Act Act Act Act A904 A986 A1125 12-04-1991 1991-01-06 01-01-1992 31-01-1997 01-10-2001 6B A904 Act 01-01-1992 6 c A904 Act 01-01-1992 6 d A904 Act 01-01-1992 6E A1006 Act 01-12-1997 6F A1006 Act 01-12-1997 6 g A1006 Act 01-12-1997 7 A619 Act Act A794 31-05-1985 12-04-1991 8 A619 A645 Act Act Act A824 31-05-1985 01-01-1976 01-06-1991 Pension statutory and local Authority Section 33 Authority amend with effect from 9 Act A619 31-05-1985 10 A794 Act Act Act A645 A1125 16-05-1986 12-04-1991 01-10-2001 12 A824 Act Act Act A794 A1125 12-04-1991 12-04-1991 01-10-2001 13 A645 Act Act Act A619 A1125 01-06-1985 31-05-1985 01-10-2001 14 Act A794 12-04-1991 16 A645 Act 01-07-1980 16A A568 Act 01-07-1980 17 Act A1172 01-01-2002 23A A645 Act 16-05-1986 26 Act A1125 01-10-2001 27 Act A645 01-07 30-1976 Act A645 16-05-1986 31 Act A645 01-01-1976 PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR on BEHALF and by ORDER of the GOVERNMENT of MALAYSIA JW515160 30-12-2009