Malaysia legislation
Section 15B
Section 15B
(2)
Notwithstanding subsection (1), where the application of the specified rate of increment would result in a situation that is less favourable to a Judge appointed before the coming into operation of this section, the Yang di-Pertuan Agong may, by order in the Gazette, prescribe an appropriate higher percentage to be applied in such case.
(3)
For the purpose of an order under subsection (2), the
Yang di-Pertuan Agong may prescribe—
(a)
different percentages of increment for different categories of recipients; and
(b)
that the higher percentage of increment shall only apply for a specified year or any part thereof, and in such case, the date on which the adjustment shall be payable.
(4)
Any derivative pension granted under Part III shall be adjusted in accordance with subsection (1).
(5)
Any disability pension or dependant’s pension granted under
Part III shall be adjusted in accordance with subsection (1) but the factor applicable shall be the factor applicable under that Part.
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(6)
Where the factor referred to in subsection (5) changes according to the eligibility of the dependant as specified under that Part, the dependant’s pension shall be adjusted based on the notional salary as determined under subsection (7) using the new factor applicable under that Part.
(7)
The notional salary—
(a)
in the case of a dependant who received the dependant’s pension before or on 1 January 2014, shall be the amount of the corresponding last drawn salary received by a Judge on 1 January 2014 which has been calculated with an increment of two per cent annually up to the year when the factor changes; or
(b)
in the case of a dependant who received the dependant’s pension on or after 2 January 2014, shall be the amount of the last drawn salary received by a Judge on the date of his death which has been calculated with an increment of two per cent annually up to the year when the factor changes.
(8)
Where a higher percentage of increment has been prescribed under subsection (2), the increment specified under subsections (3), (4)
and (5) shall be calculated using that prescribed higher percentage.
(9)
The amount of dependant’s pension adjusted under subsection (6) shall be used as the basis for adjustments under subsection (5) in subsequent years.
(10)
For the purpose of this section, “corresponding last drawn salary” means the corresponding last drawn salary which had been adjusted on 1 January 2014 pursuant to this Act before the coming into operation of this section.
Judges’ Remuneration 29