Malaysia legislation
Section 12
Section 12
(2)
Where a Judge is appointed from amongst members of the public service and he has attained the age of fifty years, the person so appointed shall for the purpose of the law relating to pension or gratuity applicable to him be deemed to have exercised his option to retire from that service after attaining the age of fifty years on the date immediately before the date of such appointment and that person shall be eligible for a pension or gratuity accordingly.
(3)
Any pension or gratuity which may be granted to a Judge under subsection (1) or (2) shall become payable in the case of a Judge referred to in subsection (1) upon his attaining the age of fifty years and in the case of a Judge referred to in subsection (2) upon his appointment as a Judge:
Provided that when he attains the age of fifty years, a person referred to in subsection (1)—
(a)
is holding office as Judge; or
(b)
is serving in the capacity in respect of which he was granted permission to retire under section 8B.
(3A)
Where a person referred to in subsection (1)—
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(a)
dies while holding office as Judge; or
(b)
dies while serving in the capacity in respect of which he was granted permission to retire from the office of Judge under section 8B, before attaining the age of fifty years, his dependants shall be granted a derivative pension and a derivative gratuity in accordance with the law mentioned in subsection (1).
(3B)
Notwithstanding subsection (3), where a Judge referred to in subsection (1) retires from office under paragraph 8(d) or under section 8A before attaining the age of fifty years, he shall be granted a pension and a gratuity in accordance with the law mentioned in subsection (1), and in the event of his death in retirement, his dependants shall be granted a derivative pension in accordance with such law.
(3C)
The pension, gratuity, derivative pension or derivative gratuity granted under this section shall be in addition to the pension and other benefits to which a person may be entitled under this Act.
(3D)
Where eligibility for any derivative pension or dependant’s pension under the law mentioned in subsection (1) is dependent upon the computation of any period of time from the occurrence of an event under that law, such computation of time shall commence from the date on which the pension or disability pension of the person referred to in subsection (1) was paid or became due to be paid under this section and not otherwise, and the law mentioned in subsection (1)
shall be applied as modified by this subsection to the dependants of
Judges to whom this section applies.
(3E)
The proviso to subsection (3) shall not apply to a Judge who has, as required by the Yang di-Pertuan Agong under section 8C, relinquished the office of a Judge in order to serve in another capacity for any period in the national interest, and is still serving in the other capacity when he attains the age of fifty years.
(4)
This section shall be deemed to have come into force on the date on which this Act came into force:
Judges’ Remuneration 25
Provided that in the case of a Judge appointed from amongst members of the public service—
(a)
who attained the age of fifty years but not the age of fifty-five years prior to 1 July 1977, such Judge shall not be paid a pension and a gratuity in respect of any period prior to 1 July 1977; and
(b)
who attained the age of fifty-five years prior to 1 July 1977, such Judge shall be paid a pension and a gratuity from the date on which he attained such age, and subsection (3) shall apply in all other cases from 1 July 1977.
Pension not assignable or transferable, etc.