Malaysia legislation
Section 1A
Section 1A
In this Act, unless the context otherwise requires—
“child” means a child of a deceased Judge—
(a)
who is a child under twenty-one years of age and includes—
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(i)
a posthumous child, a dependent step-child and an illegitimate child of the Judge; and
(ii)
a child adopted by the Judge under any written law relating to adoption or under any custom or usage, on satisfactory proof of such adoption; and
(b)
who is a child of any age and is mentally retarded or physically and permanently incapacitated and is incapable of supporting himself;
“current salary” means the latest appropriate salary specified in the
First Schedule which is payable to a Judge;
“dependant” means a spouse, a child, the mother or the dependent father of a deceased Judge;
“Judge” means a Judge of the Federal Court, of the Court of Appeal or of the High Court and includes the Chief Justice, President and a
Chief Judge;
“Judicial Commissioner” means a person appointed to be a full-time
Judicial Commissioner under Article 122AB of the Federal Constitution;
“last drawn salary” means the actual last drawn monthly substantive salary of a Judge, specified in the First Schedule, prior to his death or retirement;
“pension and other benefit” or “pension or other benefit” includes pension, disability pension, gratuity, derivative pension, dependant’s pension and derivative gratuity granted, or granted and adjusted, under this Act, but does not include any allowance or other privilege specified in the Second Schedule;
“remuneration” shall have the meaning assigned to that expression in Clause (2) of Article 160 of the Federal Constitution;
“retirement” means—
(a)
retirement from the office of Judge under paragraph 8(a);
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(b)
retirement from such office under section 8A or 8B;
(c)
resignation from such office under paragraph 8(c); or
(d)
ceasing to hold such office under paragraph 8(d);
“spouse” means the surviving husband or a surviving wife of a deceased Judge whose marriage to the Judge is recognized in Malaysia as a valid marriage under any written law, custom, religion or usage.