Malaysia legislation
Section 3
Section 3
“Federal officer” means—
(a)
appointed to the public service in the Federation after the commencement of this Act;
(b)
in the public service in the Federation at the commencement of this Act; and
(c)
who have been transferred from any territory now comprised in the Federation to any other public service before the commencement of this Act.
(2)
For the purpose of paragraph (1)(c), nothing in this Act or in any regulation made under this Act shall—
(a)
diminish the amount of pension, gratuity, other than a gratuity under section 14 or other allowance for which an officer in the public service in the Federation at the commencement of this Act would have been eligible had this Act not been enacted; or
(b)
adversely affect the conditions which would have been applicable to that pension, gratuity or other allowance.
*NOTE—see s.28 of the Pensions Act 1980 [Act 227].
(3)
In the application of this Act to officers who were officers on the Malayan Establishment within the meaning of section 2
of the *Malayan Establishment Pensions Ordinance 1948
[M.U. Ord. No. 4 of 1948] immediately before 1 July 1954, the following provisions apply:
(a)
where any such officer was in the public service in the
Federation immediately before 1 July 1954, all rights accrued to that officer in respect of pensions, gratuities or other allowances under the Malayan Establishment
Pensions Ordinance 1948 or the Minutes made under that Ordinance shall continue to subsist under this Act as if the service in respect of which such rights accrued had been public service in the Federation; and
(b)
nothing in this Act or in any regulation made under this
Act shall—
(i)
diminish the amount of a pension, gratuity or allowance for which any officer referred to in paragraph (a) would have been eligible under the Malayan Establishment Pensions Ordinance 1948 or the Minutes made under the Ordinance had that Ordinance not been repealed and had that officer continued to serve on the Malayan
Establishment; or
(ii)
adversely affect conditions that would have been applicable to such pension, gratuity or other allowance under such Ordinance or Minutes.