Malaysia legislation

Section 11C

of *JUDGES' REMUNERATION ACT 1971

Section 11C

(a)

to the widow … … … … … … … … … …

1/6

(b)

if the deceased Judge leaves a widow to whom a dependent’s pension is granted under paragraph (a), in respect of each child up to six in number …

1/48

(c)

if the deceased Judge does not leave a widow or no dependent’s pension is granted to the widow under paragraph (a), in respect of each child up to six in number … … … … … … … … … … …

1/24

(d)

with effect from the date of remarriage or the date following the date of death of the widow to whom a dependant’s pension had been granted under paragraph (a), in respect of each child up to six in number … … … … … … … … … … …

1/24

(e)

if the deceased Judge’s mother was wholly or mainly dependent on him for support at the time of his death, to the mother whilst without adequate means of support—

Judges’ Remuneration 21

(i)

if the deceased Judge does not leave a widow or no dependant’s pension is granted to the widow under paragraph (a) … … …

1/6

(ii)

if the deceased Judge leaves a widow to whom a dependant’s pension is granted under paragraph (a) … … … … … …

1/12

(f)

if the deceased Judge’s father was wholly or mainly dependent on him for support at the time of his death, to the father whilst without adequate means of support—

(i)

if the deceased Judge does not leave a widow or no dependant’s pension is granted to the widow under paragraph (a), and the mother of the Judge is dead or … … … … … … …

1/6

(ii)

if the deceased Judge leaves a widow to whom a dependant’s pension is granted under paragraph (a), and the mother of the

Judge is dead … … … … … … …

1/12

(2)

Subject to subsection (5), where a Judge referred to in subsection (1) had sustained such injury in a security area proclaimed under section 47 of the *Internal Security Act 1960, the fractions specified in subsection (1) shall be read as if there had been substituted in that subsection wherever they occur 1/4 for 1/6, 1/24 for 1/48, 1/12

for 1/24 and 1/8 for 1/12.

(3)

Notwithstanding subsections (1) and (2), no payment of a dependant’s pension shall be made or, if made, such payment shall cease where the recipient is—

(a)

(Deleted by Act A1170);

(b)

a child, other than a child referred to in paragraph (b) of the interpretation of “child” in section 1A or in paragraph (c),

*NOTE—The Internal Security Act 1960 [Act 82] has since been repealed by the Security Offences

(Special Measures) Act 2012 [Act 747]‒see section 32 of Act 747.

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upon marriage or attaining the age of twenty-one years, whichever occurs earlier;

(c)

a child who is receiving education in an institution of higher learning but not education leading beyond a first degree, upon completing or ceasing to receive such education or upon marriage, whichever occurs earlier;

(d)

a deceased Judge’s parent, on evidence that the parent is adequately provided with other means of support.

(4)

A dependant’s pension granted under this section may be re-determined whenever any recipient dies or ceases to be eligible for such payment.

(5)

This section shall not apply to the dependants of a Judge to whom paragraph 13 of the Second Schedule apply pursuant to subsection 11B(2).

Provisional award where amount of pension or other benefit yet to be determined