Malaysia legislation
Section 11
Section 11
Yang di-Pertuan Agong may grant—
(2)
The derivative pension granted under subsection (1) shall be paid in accordance with that subsection—
(a)
for life if the recipient is—
(i)
a spouse;
(ii)
a child referred to in paragraph (b) of the interpretation of “child” in section 1A;
(b)
for the duration of his education if the recipient is a child who is receiving education in an institution of higher learning but not education leading beyond a first degree.
Judges’ Remuneration 17
(3)
Notwithstanding subsection (2), the payment of such derivative pension shall only be made where the recipient—
(a)
if a spouse, was married to the Judge prior to the date of his retirement;
(b)
if a child or dependent step-child, is a child or dependent step-child of a marriage that had taken place prior to the date of retirement of the Judge;
(c)
if an adopted child, was adopted prior to the date of retirement of the Judge;
(d)
if an illegitimate child, was conceived prior to the date of retirement of the Judge.
(4)
For the avoidance of doubt, it is declared that where the marriage to the Judge concerned had been contracted after the date of his retirement and his death occurs within a period of twenty years from the date of his retirement, his spouse or a child of that marriage, or both such spouse and child, shall be entitled to a derivative pension according to the entitlement of the Judge but only for a period which is the difference between the period of twenty years and the period during which the Judge had been in retirement; and where the death of the Judge occurs after the period of twenty years from the date of his retirement, no derivative pension whatsoever shall be payable.
(5)
The derivative pension granted under subsection (1) shall be paid or be payable in such proportion as the Yang di-Pertuan Agong may determine and it may be reapportioned among other eligible recipients whenever a recipient dies or ceases to be eligible for such payment.
Circumstances in which payment of derivative pension shall not be made or shall cease