What is JUDGES' REMUNERATION ACT 1971?

*JUDGES' REMUNERATION ACT 1971 is Malaysia Act, cited as Act 45 1971, currently marked in force and first recorded in 1971.

Is JUDGES' REMUNERATION ACT 1971 still in force?

Yes — JUDGES' REMUNERATION ACT 1971 is currently in force.

When did JUDGES' REMUNERATION ACT 1971 take effect?

JUDGES' REMUNERATION ACT 1971 was first recorded in 1971.

How many sections does JUDGES' REMUNERATION ACT 1971 have?

JUDGES' REMUNERATION ACT 1971 contains 87 sections.

What amends JUDGES' REMUNERATION ACT 1971?

JUDGES' REMUNERATION ACT 1971 has been amended by AKTA SARAAN HAKIM (PINDAAN) (NO. 2) 2011, AKTA SARAAN HAKIM (PINDAAN) 2011, AKTA SARAAN HAKIM (PINDAAN) 2014, AKTA SARAAN HAKIM (PINDAAN) 2015, and AKTA SARAAN HAKIM (PINDAAN) 2017.

Where can I read the official version of JUDGES' REMUNERATION ACT 1971?

The official text of JUDGES' REMUNERATION ACT 1971 is published at lom.agc.gov.my.

JUDGES' REMUNERATION ACT 1971 (No. 45)

PRELIMINARY

Short title and application

Section 1

(2)

This Act applies to the office of Judge.

Interpretation

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—

8

(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);

Judges’ Remuneration 9

(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.

Section 2

(2)

There shall be paid or accorded to each of the Judges mentioned in the first column of the Second Schedule such allowances or other privileges as may be specified in the said Schedule with effect from the date specified in the corresponding second column thereof.

PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS

Pension and other benefits of Judge

Section 3

A Judge shall on his retirement be entitled to a pension and other benefits in accordance with this Act.

10

Section 4

Computation and amount of pension of Judge

(2)

For the purpose of computing a Judge’s pension, the period of service of a Judge in another capacity under section 8C shall be counted as the period of service as a Judge.

Period for maximum pension

Section 5

(2)

For the purposes of subsection (1), where a Judge has, as required by the Yang di-Pertuan Agong under paragraph 8C(1)(b), relinquished his office in order to serve in another capacity for any period in the national interest and having completed his tour of duty in the other capacity—

(a)

is immediately reappointed to the office of a Judge, the period of his service as a Judge before, and the period during which he served in that other capacity after, he relinquished his office as a Judge shall be counted as period of service as a Judge; or

(b)

is not reappointed to the office of a Judge by virtue of him having reached his retirement age pursuant to subsection 8C(3), the period of his service as a Judge before, and the period during which he served in that other capacity until he attains his retirement age after, he relinquished his

Judges’ Remuneration 11

office as a Judge shall be counted as period of service as a

Judge.

Guaranteed pension period

Section 6

Subject to this Act, the pension and any other benefit payable under this Act shall continue for the life of that person to whom it is granted.

Section 7

Gratuity

A Judge who is entitled to a pension under this Act shall also be entitled to a gratuity of an amount computed at the rate of seven and a half per centum of the amount arrived at by multiplying his total completed months of service as a Judge by his last drawn salary.

Section 7A

Period of service as Judicial Commissioner

(2)

Subsection (1) shall apply to a Judge who is still in service or has retired from service before the commencement of this section.

(3)

Notwithstanding subsection (1), where any pension or gratuity has been paid to a Judge under any other law for the same period as the period which shall be counted as part of his period of service as a

Judge, his pension and gratuity under this Act shall be reduced by the amount so paid.

Pension and gratuity in certain cases of retirement, resignation and ceasing to hold office

Section 8

Where a person—

12

(a)

retires from the office of a Judge on attaining the age of sixty-six years or such later time, not being later than six months after he attains that age, pursuant to Clause (1) of

Article 125 of the Federal Constitution;

(b)

retires from the office of a Judge of the Federal Court, of the Court of Appeal or of the High Court under section 8A or 8B;

(c)

resigns from the office of a Judge after he has held the office of a Judge for a continuous period of not less than five years, including the period of his service as Judicial

Commissioner immediately before his appointment as a

Judge; or

(d)

ceases to hold such office before attaining the age of sixty-six years or at any time after he attains that age if he is holding such office pursuant to Clause (1) of Article 125

of the Federal Constitution on grounds of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office, he shall be entitled to a pension and a gratuity appropriate to his case under this Act:

Provided that the amount of pension granted to a person who retires from such office in the circumstances referred to in paragraph (d) or in section 8A shall not be less than 1/5 of his last drawn salary but without prejudice, however, to any adjustment of pension to his advantage that may be made in accordance with Part IIIA.

Retirement on ill-health

Section 8A

(2)

On receiving any representations from a Judge under subsection (1), the Chief Justice may constitute, in consultation with

Judges’ Remuneration 13

the Director General of Medical Services, a board of not less than three

Medical Officers who have served for not less than ten years in the public service and of whom at least one is a person possessing specialist qualification in the branch of medicine relevant to the ill-health of the Judge concerned, to inquire into and report to the Chief

Justice as to the health of the said Judge.

(3)

Upon receipt of the report of such board of Medical Officers, the Chief Justice may, if satisfied that it would be in the interests of judicial administration that such Judge be granted permission to retire, recommend to the Prime Minister that permission be so granted to the said Judge; and the Prime Minister may thereupon submit the matter to the Yang di-Pertuan Agong who shall refer the same to a tribunal appointed by him in accordance with Clause (4) of Article 125 of the

Constitution for its recommendations.

(4)

The Yang di-Pertuan Agong may on the recommendations of the tribunal grant such permission and approve the retirement.

(5)

Where the Chief Justice desires to retire from the office of Chief

Justice on grounds of ill-health, the foregoing subsections shall not apply, but the Prime Minister may, after such reference as he may deem fit to make, submit the facts to the Yang di-Pertuan Agong who shall refer the matter to a tribunal appointed by him in accordance with

Clause (4) of Article 125 of the Constitution for its recommendations;

and the Yang di-Pertuan Agong may on the recommendations of the tribunal approve the retirement.

Retirement on special ground

Section 8B

(2)

For the avoidance of doubt, “a Judge of the Federal Court”, for the purposes of this section, shall include the Chief Judges, President and the Chief Justice; and in its application to the Chief Justice, subsection (1) shall be read as if the words “with the approval of the

Chief Justice” have been omitted therefrom.

Service in another capacity in the national interest

Section 8C

(a)

serve in another capacity without relinquishing his office of a Judge; or

(b)

relinquish the office of a Judge to serve in another capacity, for any period as specified by the Yang di-Pertuan Agong.

(2)

For the purpose of subsection (1), where a Judge is required to serve in another capacity in the national interest, the remuneration to which the Judge is entitled under this Act during the period he serves in such other capacity shall be paid by the body where he serves in such other capacity.

(3)

Where a Judge of the Federal Court, the Court of Appeal or the

High Court is required to relinquish the office of a Judge to serve in another capacity under paragraph (1)(b) and having completed his tour of duty in the other capacity, is not reappointed to the office of a Judge by virtue of him having reached his retirement age, he shall be deemed to have served as a Judge until the age of sixty-six years and retires pursuant to paragraph 8(a).

Judges’ Remuneration 15

Special provision for Chief Justice, President and Chief Judge

*9. Notwithstanding anything in this Act but subject to section 8, a person holding the office of Chief Justice, President or Chief Judge shall be entitled to maximum pension if he has held either office or all the offices for a period in the aggregate of not less than three years.

Derivative pension and derivative gratuity where Judge dies in service

Section 10

(a)

a derivative pension and a derivative gratuity to his spouse or child, or both spouse and child; and

(b)

a derivative gratuity to his mother or, if his mother is not living, to his dependent father, according to the entitlement of the Judge, computed in accordance with sections 4 and 7:

Provided that the amount of derivative pension granted shall not be less than 1/5 of the last drawn salary but without prejudice, however, to any adjustment of derivative pension to the recipients’ advantage that may be made in accordance with Part IIIA.

(2)

(Deleted by Act A1346).

(3)

The derivative pension granted under subsection (1) shall be paid in accordance with subsection (2)—

(a)

for life if the recipient is—

(i)

a spouse;

NOTE‒This section shall apply to a Judge who is still in service or has retired from service before the commencement of the amendment to this section.–see subsection 5(2) of the Judges’ Remuneration

(Amendment) Act 2011 [Act A1401].

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(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.

(4)

The derivative pension and derivative gratuity granted under subsection (1) shall be paid or be payable in such proportion as the

Yang di-Pertuan Agong may determine and the derivative pension may be reapportioned among other eligible recipients whenever any recipient dies or ceases to be eligible for such payment.

(5)

Where a Judge dies in service and leaves no spouse, child, mother or dependent father surviving him, there shall be paid to the legal personal representative of the deceased Judge a derivative gratuity only, computed in accordance with section 7.

Derivative pension where Judge dies in retirement

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

Section 11A

(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), 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.

(2)

(Deleted by Act A1346).

(3)

(Deleted by Act A1346).

Disability pension for Judge

Section 11B

(a)

sustaining an injury in the course and arising out of performing his official duty or due to a travel accident; or

(b)

contracting a disease from his working environment, he shall be entitled, in addition to his pension and gratuity, to a disability pension computed as a fraction of his salary as follows:

Degree of Impairment

Rate Payable

Slightly impaired … … … … … … …

1/12

Impaired … … … … … … … … …

1/6

Materially impaired … … … … … …

1/4

Totally impaired … … … … … … …

1/3

Judges’ Remuneration 19

(2)

Notwithstanding subsection (1), a Judge appointed prior to the date following the date of publication of the Judges’ Remuneration

(Amendment) Act 1984 [Act A609] in the Gazette shall elect in writing within six months of the date following the date of such publication whether he, his dependants or personal representatives, shall be granted either—

(a)

the death and disablement benefits provided as appropriate under paragraph 13 of the Second Schedule; or

(b)

the disability pension and dependant’s pension provided as appropriate under this section and section 11C respectively, in the event of his death or his sustaining an injury in the circumstances referred to in subsection (1)(a) as a result of an accident referred to in paragraph 13 of the Second Schedule, and if he does not so elect, paragraph 13 of the Second Schedule shall continue to apply to his case.

(3)

Subject to subsection (2), 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 [Act 82], the fractions specified in subsection (1) shall be read as if there had been substituted in that subsection wherever they occur 1/8 for 1/12, 1/4 for 1/6, 3/8 for 1/4 and 1/2 for 1/3.

(4)

No Judge shall qualify for a disability pension under this section unless the impairment in question is permanent, as determined by a board of medical officers constituted for that purpose under section 8A.

(5)

For the purpose of subsection (1), “injury” or “disease” means injury or disease which is not due to, or which is not aggravated or contributed by, negligence or misconduct on the part of the Judge concerned.

(6)

For the purposes of this section and section 11C, “salary” means the salary of the Judge as specified in the First Schedule at the time of sustaining the injury or contracting the disease.

*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.

20

(7)

Where a Judge appointed on or after the date following the date of publication of the Judges’ Remuneration (Amendment) Act 1984 in the Gazette sustains an injury in the circumstances referred to in paragraph (1)(a), he shall be entitled to a disability pension only under this section and he shall not have any right of election under subsection (2) to be granted the death and disablement benefits provided as appropriate under paragraph 13 of the Second Schedule.

Dependant’s pension

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.

22

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

Section 11D

Where a Judge or his dependants are eligible for any pension or other benefit under this Act but the amount of such pension or other benefit has not yet been determined, the Yang di-Pertuan Agong may make to such Judge or his dependants a provisional award of the pension or other benefit pending determination of the amount.

Section 11E

Payment without probate or letters of administration

(2)

Any unpaid amount under this section shall not form part of the deceased Judge’s estate and shall be used for the benefit of his dependants.

Judges’ Remuneration 23

(3)

For the purpose of this section, “unpaid” means not yet paid by the Government or not yet drawn by the Judge.

Judges appointed from the public service

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)—

24

(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.

Section 13

No pension or other benefit granted under this Act shall be assignable or transferable, or liable to be attached, sequestered or levied upon, for or in respect of any debt or claim whatsoever other than—

(a)

a debt due to the Government; or

(b)

a debt due to the Public Sector Home Financing Board established under the Public Sector Home Financing Board

Act 2015 [Act 767] in respect of a public sector home financing facility granted by the Board.

Consequential amendments

Section 14

(2)

Subject to sections 12 and 16, so much of the Pensions

Ordinance 1951 aforesaid, the Pensions Ordinance 1963, of Sabah

26

[No. 3 of 1963] and the Pensions Ordinance of Sarawak [Cap. 89] as may be applicable to a Judge of the Federal Court or of the High Courts of Malaya and Sabah and Sarawak and so much of any notification made under section 2 respectively of the aforesaid pension laws respecting the office of a Judge shall upon the commencement of this

Act be deemed to have no force or effect.

Saving

Section 15

(2)

Nothing in this Act shall render the Government liable to pay any sum in excess of the amount payable to a Judge as pension or gratuity whether as interest or otherwise and whether the pension or gratuity shall have become payable before or after the commencement of this Act.

PART IIIA

ADJUSTMENT OF PENSIONS AND OTHER BENEFITS OF

Application of Part

Section 15A

(a)

Judges who on retirement receive or are entitled to receive pensions or other benefits under Part III;

(b)

the dependants of Judges referred to in paragraph (a) who, on the death in service or in retirement of the Judges

Judges’ Remuneration 27

concerned, receive or are entitled to receive pensions or other benefits under Part III.

(2)

(Deleted by Act A1346).

(3)

(Deleted by Act A1346).

Adjustment of pensions and other benefits of Judges and dependants

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.

28

(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

GENERAL

Election

Section 16

A person who has been appointed a Judge before the commencement of this Act may within three months of the date of the commencement elect in writing to be governed by this Act; and if he does not so elect he shall continue to be governed by such other laws as may be applicable to him as if this Act has not been passed.

Section 17

Payment of pension or other benefit

A pension or other benefit under this Act may be paid monthly at the end of each month in which the pension or other benefit falls due or at such other intervals as the Yang di-Pertuan Agong may determine either generally or in any particular case.

Section 18

Charge on the Consolidated Fund

Consolidated Fund.

Section 19

Regulations

(1)

The Yang di-Pertuan Agong may, after consultation with the

Chief Justice, make regulations for the purpose of carrying into effect any of the provisions of this Act.

(2)

Regulations made under subsection (1) may amend or vary the

First, Second and Fifth Schedules.

30

Remuneration of Judicial Commissioners

Section 19A

A Judicial Commissioner shall be entitled to receive such remuneration as is provided in the Fifth Schedule.

Section 20

Repeal

The Judges Remuneration Act 1963 is repealed.

FIRST SCHEDULE

[Subsection 2(1)]

(1)

(2)

(3)

Judges

Salary

(pensionable)

Effective date

Section 1

Chief Justice

RM 46,800.00

per month

1-1-2026

Section 2

President of the Court of Appeal

RM 40,950.00

per month 1-1-2026 3.

Chief Judge of the High Court in Malaya

RM 39,650.00

per month

1-1-2026 4.

Chief Judge of the High Court in

Sabah and Sarawak

RM 39,650.00

per month

1-1-2026 5.

Judges of the Federal Court

RM 37,050.00

per month

1-1-2026 6.

Judges of the Court of Appeal

RM 35,750.00

per month

1-1-2026 7.

Judges of the High Courts in

Malaya and Sabah and Sarawak

RM 34,450.00

per month 1-1-2026

Judges’ Remuneration 31

SECOND SCHEDULE

[Subsection 2(2)]

Section 1

ACCOMMODATION:

(1)

(2)

Judges

Effective date

Section 1

Chief Justice —

(i)

free fully furnished institutional quarters which

(including the compound) shall be maintained free of charge, or in lieu thereof a house rent subsidy of RM 5,000.00 per month;

1-1-2009

(ii)

a provision of RM 3,000.00 per month for domestic help; and

1-1-2009

(iii)

a provision of RM 4,100.00 per annum for house and garden upkeep.

1-1-1996

Section 2

President of the Court of Appeal —

(i)

free fully furnished institutional quarters which

(including the compound) shall be maintained free of charge, or in lieu thereof a house rent subsidy of RM 4,000.00 per month;

1-1-2009

(ii)

a provision of RM 2,800.00 per month for domestic help; and

1-1-2009

(iii)

a provision of RM 3,000.00 per annum for house and garden upkeep.

1-1-1996

Section 3

Chief Judges —

(i)

free fully furnished institutional quarters which

(including the compound) shall be maintained free of charge, or in lieu thereof a house rent subsidy of RM 4,000.00 per month;

1-1-2009

(ii)

a provision of RM 2,800.00 per month for domestic help; and 1-1-2009

32

(1)

(2)

Judges

Effective date

(iii)

a provision of RM 3,000.00 per annum for house and garden upkeep.

1-1-1996

Section 4

Judges of the Federal Court —

(i)

free fully furnished institutional quarters which

(including the compound) shall be maintained free of charge, or in lieu thereof a house rent subsidy of RM 3,500.00 per month;

1-1-2009

(ii)

a provision of RM 2,500.00 per month for domestic help; and

1-1-2009

(iii)

a provision of RM 3,000.00 per annum for house and garden upkeep.

1-1-1996

Section 5

Judges of the Court of Appeal —

(i)

free fully furnished institutional quarters which

(including the compound) shall be maintained free of charge, or in lieu thereof a house rent subsidy of RM 3,200.00 per month;

1-1-2009

(ii)

a provision of RM 2,300.00 per month for domestic help; and

1-1-2009

(iii)

a provision of RM 3,000.00 per annum for house and garden upkeep.

1-1-1996

Section 6

Judges of the High Court —

(i)

free fully furnished institutional quarters which

(including the compound) shall be maintained free of charge, or in lieu thereof a house rent subsidy of RM 3,000.00 per month;

1-1-2009

(ii)

a provision of RM 2,000.00 per month for domestic help; and

1-1-2009

Judges’ Remuneration 33

(1)

(2)

Judges

Effective date

(iii)

a provision of RM 3,000.00 per annum for house and garden upkeep.

1-1-1996

(A)

The privilege and allowance in this paragraph shall be accorded or paid notwithstanding that the Judge has been granted a loan under the housing loans scheme referred to in paragraph 14.

(B)

In this paragraph, “free fully furnished institutional quarters” means housing accommodation as prescribed by the Chief Justice provided free of rent by the Government and furnished in accordance with the guidelines of the Government for the furnishing of such accommodation.

(C)

Judges who do not live in free fully furnished institutional quarters are not eligible for special housing payment.

Section 1A

SPECIAL HOUSING PAYMENT:

(1)

(2)

Special housing payment for Judge

Effective date

Special housing payment at the rate of fifty per centum from the house rent subsidy shall be paid to a Judge who lives in institutional quarters.

1-9-2007

Section 2

ENTERTAINMENT ALLOWANCE:

(1)

(2)

(3)

Judges

Amount

Effective date

Section 1

Chief Justice

RM6,000.00

per month

1-1-2009

Section 2

President of the Court of Appeal

RM5,800.00

per month

1-1-2009

Section 3

Chief Judge of the High Court in

Malaya

RM5,600.00

per month 1-1-2009

34

(1)

(2)

(3)

Judges

Amount

Effective date

Section 4

Chief Judge of the High Court in Sabah and Sarawak

RM5,600.00

per month

1-1-2009

Section 5

Judges of the Federal Court

RM5,400.00

per month

1-1-2009

Section 6

Judges of the Court of Appeal

RM5,250.00

per month

1-1-2009

Section 7

Judges of the High Courts in Malaya and Sabah and Sarawak

RM5,000.00

per month 1-1-2009

Section 3

REGIONAL ALLOWANCE:

(1)

(2)

Allowance and Judges eligible therefor

Effective date

(a)

A monthly regional allowance at the rate of 10 per centum of monthly salary shall be paid to the Chief

Judge and Judges of the High Court in Sabah and

Sarawak for so long as they serve in the State of Sabah and Sarawak.

1-7-1977

(b)

A monthly regional allowance at the rate of 10 per centum of monthly salary shall be paid to the Chief

Judge and Judges of the High Court of Malaya, from

Sabah, Sarawak and Federal Territory of Labuan, for so long as they serve in Peninsular Malaysia.

5-12-2008

(c)

A monthly regional allowance at the rate of 10 per centum of the monthly salary shall be paid to the Judges of the Federal Court and Court of Appeal from Sabah,

Sarawak and Federal Territory of Labuan, for so long as they serve in Peninsular Malaysia.

1-1-2009

Judges’ Remuneration 35

Section 3A

REGIONAL ALLOWANCE FOR EMPLOYEES:

(1)

(2)

Regional allowance for employee of a Judge

Effective date

(a)

There shall be paid in respect of any employee of a

Judge serving in the State of Sabah or Sarawak a monthly regional allowance at the rate of —

1-7-1980

(a)

25 per centum; or

(b)

22 1/2 per centum, of such employee’s monthly salary where his salary respectively is —

(i)

less than RM360.00; or

(ii)

between RM360.00 and RM549.00, per month.

The allowance shall be paid to the employing judge.

(b)

There shall be paid in respect of any employee from

Sabah, Sarawak or Federal Territory of Labuan of a

Judge of the High Court of Malaya serving in

Peninsular Malaysia a monthly regional allowance at the same rate and subject to the same conditions as in subparagraph (a).

5-12-2008

The allowance shall be paid to the employing Judge.

Section 3B

DISTURBANCE ALLOWANCE:

(1)

(2)

Disturbance allowance for a Judge

Effective date

A Judge who has been retransferred to his original region shall be eligible for a disturbance allowance at the rate of one month substantive salary of a Judge.

1-1-2009

36

Section 3C

MOVING ALLOWANCE:

(1)

(2)

Types of moving allowance eligible for a Judge

Effective date

(a)

Allowance, facility and payment because of transfer or house moving

May be accorded as accorded to staff of the public service as revised from time to time.

1-1-2009

(b)

Moving payment for a retired Judge

A moving payment may be accorded to a retired Judge and his family under normal circumstances or on the recommendation of a board of Medical Officers from the last place where the Judge served to his place of choice to retire anywhere in Malaysia. The moving payment shall be based on his last salary and applicable as accorded to staff of the public service as revised from time to time.

Section 4

SPECIAL ALLOWANCE:

(1)

(2)

Special allowance to a Judge

Effective date

Such special allowance as the Government may in this discretion deem fit to grant to a judge on an ad hoc basis.

1-1-1974

Section 4A

ALLOWANCE FOR CARRYING OUT DUTIES OF A HIGHER OFFICE:

(1)

(2)

Allowance for carrying out duties of a higher office for a Judge

Effective date

This allowance may be paid to a Judge who is carrying out the duties of a higher office on the direction of the Chief

Justice for a period of not less than 28 days and the payment of the allowance is to be calculated at one fourth of the substantive salary for the higher office.

1-1-1996

Judges’ Remuneration 37

Section 5

OFFICIAL CAR:

(1)

(2)

Provision for a car, etc., for a Judge

Effective date

(a)

A Government car inclusive of all accessories shall be provided with syce to each of the Judges.

Maintenance, provision of petrol/diesel, oil and lubrication for such car shall be borne by the

Government. The official car of a Judge may be provided with a crest approved by the Chief Justice.

1-1-1996

(b)

The Government car of a Judge shall be equipped with a “Touch N Go” card and “Smart Tag” or any device that has the same function according to the rates and conditions as accorded to a Staff III officer in the public service as revised from time to time.

13-1-2011

Section 6

SYCE ALLOWANCE:

(1)

(2)

Allowance and uniform for a syce of a Judge

Effective date

(a)

There shall be provided an allowance (including lodging, subsistence and overtime allowances) for one syce for each of the Judges at such rate as may from time to time be determined by the Government.

1-7-1977

(b)

The term of service of such syce shall be as may be determined from time to time by the Government.

(c)

Until otherwise prescribed by the Government, the allowances which may be paid under this paragraph shall be the same as the salary and allowances paid to drivers in Government service.

1-1-1996

(d)

For the purposes of this paragraph, an employment agreement shall be entered between a Judge and a syce.

16-1-2024

The allowances and expenses in this paragraph or any part thereof shall be paid to the Judge employing a syce, or in a case where an application has been made by a Judge, be paid directly to the syce:

38

(1)

(2)

Allowance and uniform for a syce of a Judge

Effective date

Provided that, the Government shall not be responsible on any issues or liability arises between the Judge and the syce, if any.

Section 6A

OTHER ALLOWANCES OF EMPLOYEES:

(1)

(2)

Allowances, contribution and perquisites for employees of a Judge

Effective date

There shall be paid in respect of such employee of the Judge so as referred to in this Schedule such other allowances, contribution and perquisites for which no specific provision is made in this Schedule but which are paid or provided by

Government from time to time in respect of the employees of an officer in superscale “A” and above in the Managerial and Professional Group of the public services, engaged in an equivalent or a similar capacity as the employee of a

Judge. The allowances, contributions and perquisites in this paragraph shall be paid or made out to the employing Judge.

1-7-1980

Section 7

SUBSISTENCE ALLOWANCE:

(1)

(2)

Allowances payable to a Judge

Effective date

The subsistence allowance payable in respect of officers serving in superscale “A” and above in the Managerial and

Professional Group of the public services, as revised from time to time:

Provided that where a Judge is on duty exceeding eight hours away from station, he shall be paid the full allowance.

1-7-1980

Judges’ Remuneration 39

Section 8

LODGING EXPENSES:

(1)

(2)

Expenses claimable by a Judge

Effective date

The lodging expenses or lodging allowances payable in respect of officers serving in superscale “A” and above in the Managerial and Professional Group of the public services, as revised from time to time.

1-7-1980

Section 9

ADVANCE TO PURCHASE A MOTOR CAR:

(1)

(2)

Advanced granted to a Judge

Effective date

The car loans scheme applicable to officers serving in superscale “A” and above in the Managerial and

Professional Group of the public services, as revised from time to time.

1-7-1980

Section 10

OFFICIAL COSTUME, ETC.:

(1)

(2)

Allowances for a Judge

Effective date

(a)

A Judge shall be eligible to claim a subsidised payment of RM1,500.00 once in two years as allowance for official attire used while presiding.

5-12-2008

(b)

A Judge shall be eligible to be provided with ceremonial costume at a price approved by the

Treasury.

1-1-1996

(c)

A judge shall be eligible to receive warm clothing allowance of such amount as may be approved by the

Treasury, which shall not be less than that payable to an officer on Principal Grade A in the public service when required to carry out duties in a country with temperate or cold climate.

5-12-2008

40

(1)

(2)

Allowances for a Judge

Effective date

(d)

A Judge shall be eligible to receive a subsidised payment of such amount as may be approved by the

Treasury, which shall not be less than that payable to an officer on Principal Grade A in the public service for Black Tie attire.

5-12-2008

(e)

The spouse of a Judge shall be eligible to receive clothing allowance to attend ceremonies for conferment of decorations, either at the Federal or

State level, as accorded to an officer in the public service as revised from time to time.

1-1-2012

Section 11

MEDICAL FACILITIES:

(1)

(2)

Facilities of a Judge and members of family

Effective date

(a)

All medical facilities accorded to officers serving in

Principal Grade A post in the public service as revised from time to time.

1-1-1996

(b)

For treatment overseas, a certificate shall be issued by a medical board established by the Chief Justice, the membership of which shall be in accordance with subsection 8A(2). Before issuing the certificate, the medical board shall first obtain the approval of the

Prime Minister.

1-1-1996

(c)

A retired Judge receiving pension or other benefits under this Act, the spouse, and children, of the Judge are respectively eligible to receive the same medical benefits as an officers retired on Principal Grade A post in the public service, the spouse, and children, of the officer.

1-1-1996

Judges’ Remuneration 41

Section 12

LEAVE:

(1)

(2)

Types of leave and number of eligible days for a Judge

Effective date

(a)

Vacation Leave 1-1-1996

(i)

35 days in a year excluding public holidays and weekly holidays. Vacation leave shall be taken in the year it accrues and if, owing to the exigencies of services, leave has not been taken in that year, then the leave may be carried forward up to the next two years, to the third year; provided that leave for the first year which has not been used up in the third year will lapse at the end of the third year.

(ia) In the case of a Judicial Commissioner who is appointed to be a Judge, if owing to exigencies of service, leave has not been taken during his period of service as Judicial Commissioner, then the leave which has not been taken may be carried forward and treated as leave to which he becomes eligible as a Judge.

5-12-2008

(ii)

Prior approval shall be obtained by a Judge who wishes to use vacation leave for the purpose of overseas travel.

1-1-1996

The approving authority for the purpose of this subsubparagraph is —

(aa) for the Chief Justice, the Prime Minister;

(bb) for the President, the Chief Judges and

Judges of the Federal Court, the Chief

Justice;

(cc)

for other Judges, the President or the Chief

Judge concerned.

(iii)

Other provisions on vacation leave applicable to officers serving in Principal Grade A post in the public service as revised from time to time.

42

(1)

(2)

Types of leave and number of eligible days for a Judge

Effective date

(b)

Sick leave and facilities in relation thereto

1-1-1996

(i)

Provisions on sick leave and facilities in relation thereto applicable to officers serving in Principal

Grade A post in the public service as revised from time to time.

(ii)

In relation to approval, references to “Head of

Department” and “Appropriate Authority” in the provisions regulating officers in the public service shall be construed as references to the Prime

Minister in the case of the Chief Justice and to the

Chief Justice in the case of other Judges for the purpose of this subparagraph.

(iii)

If a medical board is required to be established for the purpose of this subparagraph, then the Chief Justice may establish a medical board and the membership of that medical board shall be in accordance with subsection 8A(2).

(c)

Leave for tuberculosis, leprosy and cancer and other serious diseases

In accordance with leave benefits and medical facilities that may be accorded to officers serving in

Principal Grade A post in the public service as revised from time to time.

1-1-1996

(d)

Pilgrimage leave

Once during the period of service, subject to a maximum of 40 days, including weekly holidays and public holidays, to a Muslim Judge. The approving authority referred to in subparagraph (a) shall be the approving authority for the purpose of this subparagraph.

1-1-1996

(e)

Other types of leave

(i)

Maternity leave/paternity leave

1-1-1996

Judges’ Remuneration 43

(1)

(2)

Types of leave and number of eligible days for a Judge

Effective date

May be accorded as such leave is accorded to staff of the public service as revised from time to time.

(ii)

Leave without pay

May be accorded as such leave is accorded to staff of the public service as revised from time to time. In this subsubparagraph, “without pay” means without basic salary, house rent subsidy, entertainment allowance and special judicial allowance.

1-1-1996

(iii)

Leave due to death of immediate family member

May be accorded as such leave is accorded to staff of the public service as revised from time to time. In this subsubparagraph, “immediate family member”

means a spouse, natural mother or foster mother, natural father or foster father, mother in law, father in law, natural children, legally adopted children, de facto adopted children, foster children, siblings, grandmother and grandfather of the Judge.

1-1-2009

Section 12A

PAYMENT IN LIEU OF LEAVE:

(1)

(2)

Accumulation of leave by a Judge for cash award

Effective date

(a)

Where, owing to exigencies of service, a Judge is unable to take his annual vacation leave, he may elect to accumulate up to half of his vacation leave eligibility but subject to a maximum of fifteen days in a year and, on his retirement or death—

1-1-1974

(i)

be granted a cash award equivalent to one-thirtieth of his last-drawn monthly salary for each day up to a maximum of one hundred and eighty days; or

44

(1)

(2)

Accumulation of leave by a Judge for cash award

Effective date

(ii)

to have converted such accumulated leave, up to a maximum of one hundred and eighty days, as reckonable service in computing his pension and gratuity.

Any vacation leave not taken in preceding years may be taken into account when calculating accumulated leave for the purposes of this paragraph but subject, however, to a maximum of fifteen days' accumulation for each year.

At the last year of his service, a Judge is allowed to accumulate his vacation leave for the purpose of

Payment in Lieu of Accumulated Leave from the balance of the total vacation leave to which he is entitled for that year up to a maximum which is equivalent to his rate of vacation leave:

Provided that the total vacation leave accumulated shall not exceed the maximum of one hundred and eighty days.

“The last drawn monthly salary” means the basic salary added together with house rent subsidy, entertainment allowance and special judicial allowance for a Judge who dies or retires on or after 1

August 1993.

(b)

Where owing to exigencies of service, a Judge is unable to use up the current yearly vacation leave, the

Judge may elect to accumulate from the balance of leave, any number of day not exceeding 15, so that on the day of the retirement or death of the Judge, the

Judge or the beneficiary of the Judge will be granted a cash award which is equivalent to one thirtieth of the last drawn monthly salary of the Judge for each day up to a maximum of one hundred and eighty days.

1-1-1996

At the last year of his service, a Judge is allowed to accumulate his vacation leave for the purpose of

Payment in Lieu of Accumulated Leave from the balance of the total vacation leave to which he is

Judges’ Remuneration 45

(1)

(2)

Accumulation of leave by a Judge for cash award

Effective date entitled for that year up to a maximum which is equivalent to his rate of vacation leave:

Provided that the total vacation leave accumulated shall not exceed the maximum of one hundred and eighty days.

In this subparagraph, “the last drawn monthly salary”

means the basic salary added together with house rent subsidy, entertainment allowance and special judicial allowance.

Section 13

DEATH AND INJURY BENEFITS IN AIRCRAFT ACCIDENT:

(1)

(2)

Benefits to Judge or his dependants

Effective date

Liabilities for an injury or death arising out of an aircraft accident in the course of duty shall be borne entirely by the

Government. The rates of death and disablement benefits for Judges arising from such accidents shall be as follows:

3-9-1971

(a)

For death caused by an injury sustained in an accident, a sum of RM150,000.00:

Provided that where the dependants or legal personal representatives are entitled to receive similar benefits under any other provisions of this

Act, such dependants or legal personal representatives shall be entitled at their option to receive one benefit only.

(b)

For permanent disablement caused by an injury sustained in an accident resulting in —

(i)

loss of two or more limbs by actual separation at or above the wrist or ankle; or the total and irrecoverable loss of all sight of both eyes; or the loss of one limb accompanied by the loss of sight of one eye: RM275,000.00;

46

(1)

(2)

Benefits to Judge or his dependants

Effective date

(ii)

loss of one limb by actual separation at or above the wrist or ankle; or the total and irrecoverable loss of sight of one eye:

RM150,00.00;

(iii)

total incapacity (total disablement) from engaging in or giving attention to any profession or occupation: RM275,000.00;

(iv)

partial disablement: proportionate, according to medical assessment of the percentage degree of such disablement.

Section 13A

HEALTH INSURANCE COVERAGE FACILITY WHILE BEING ABROAD ON

PERSONAL BUSINESS:

A Judge is eligible to receive health insurance coverage facility while being abroad on personal business in accordance with the rates and conditions as prescribed in the Service Circulars, as accorded to an officer in the public service as revised from time to time.

Section 14

HOUSING FINANCING FACILITY:

(1)

(2)

Housing financing facility for a Judge

Effective date

(a)

The public sector housing financing facility as provided in the Public Sector Home Financing

Board Act 2015 [Act 767] subject to a maximum financing of RM700,000.00.

1-10-2015

(b)

A Judge who is appointed from the Judicial and

Legal Service who has obtained a housing financing facility from the Government while serving at any grade is eligible to obtain a housing financing facility as a Judge at the maximum financing amount and shall be considered as a new financing.

Judges’ Remuneration 47

(1)

(2)

Housing financing facility for a Judge

Effective date

(c)

A Judge is eligible to apply for a second financing during the tenure of his service, subject to the conditions as prescribed by the Public Sector

Home Financing Board.

Section 15

SUPPLY OF UTILITY:

(1)

(2)

Supply of utility for a Judge

Effective date

(a)

Supply of utility to the official residences of the

Chief Justice, President of the Court of Appeal and

Chief Judges shall be borne by the Government.

1-10-2015

(b)

A Judge shall be reimbursed payment made for the supply of utility to the house occupied by him.

For the purpose of this paragraph, supply of utility refers to water, sewage, electricity and metered gas.

Section 15A

TELEPHONE AND INTERNET BILL PAYMENT:

(1)

(2)

Telephone and internet bill payment for a Judge

Effective date

(a)

The telephone and internet bill inclusive of the paid television station services bill of the official residences of the Chief Justice, President of the

Court of Appeal and Chief Judges, and any related facility to the supply of the facility shall be borne by the Government.

1-10-2015

(b)

Mobile telephone bills of the Chief Justice,

President of the Court of Appeal and Chief Judges not exceeding RM500.00 per month, and any related facility to the mobile telephone shall be borne by the Government.

48

(1)

(2)

Telephone and internet bill payment for a Judge

Effective date

(c)

A Judge shall be reimbursed payment made for —

(i)

the telephone and internet bill of the house occupied by him; and

(ii)

the mobile telephone bill not exceeding

RM500.00 per month, and any related facility to the telephone, internet and mobile telephone.

Section 15B

FACILITIES FOR PURCHASING OF MOBILE COMMUNICATION DEVICES:

(1)

(2)

Facilities for purchasing of mobile communication device for a Judge

Effective

Date

A Judge shall be reimbursed for the payment made by him to purchase mobile phones according to the rates and conditions as prescribed in the Treasury Circular as accorded to a Staff III officer as revised from time to time.

23-1-2009

Section 16

PAID PASSAGE FOR OVERSEAS TRAVEL:

(1)

(2)

Paid passage for overseas travel for

Judge and certain dependants

Effective date

(a)

Once in every year of his service, in the case of the Chief Justice.

5-12-2008

(aa)

Once in every period of five years of his service, a Judge, other than the Chief Justice, may use this facility at any time during the entitlement period.

1-5-2010

(ab)

A Judge shall be eligible to have passage paid by the Government for overseas travel to a destination of his choice for himself, his spouse 5-12-2008

Judges’ Remuneration 49

(1)

(2)

Paid passage for overseas travel for

Judge and certain dependants

Effective date and three of his dependent children below twenty-one years of age.

(ac)

The fare for such travel shall not exceed the equivalent return fare for travel by air from Kuala

Lumpur to London by first class for the Judge and his spouse and by economy class for any or all of the three dependent children.

5-12-2008

(ad)

Where a Judicial Commissioner is appointed as a

Judge, his period of service as a Judicial

Commissioner shall be reckoned as a period of service as a

Judge notwithstanding the appointment as a Judge was made before the date of coming into force of this paragraph, provided that the Judge is still in service on the date of coming into force.

1-10-2015

(ae)

A Judge may choose whether to use the passage paid for overseas travel in the form of flight tickets or cash according to the rates and conditions prescribed in the Service Circular as accorded to a Staff III officer in the public service as revised from time to time.

1-5-2010

(af)

If a Judge does not make the choice to use the passage paid for overseas travel in the form of flight tickets or cash, the Judge shall be given the facility in the form of cash automatically upon completion of 5 years entitlement period, or 1

year in the case of the Chief Justice, or any other conditions prescribed in the Service Circular as accorded to a Staff III officer in the public service as revised from time to time.

1-5-2010

(b)

If the destination is nearer than Kuala

Lumpur/London/Kuala Lumpur, only the actual fare to the destination of choice will be paid by the Government. If the destination of choice is further than

Kuala

Lumpur/London/Kuala

Lumpur, the Judge is required to pay the difference in the higher fare.

1-7-1980

50

(1)

(2)

Paid passage for overseas travel for

Judge and certain dependants

Effective date

(c)

This paid passage facility must be used while the

Judge is in office or at the latest, six (6) months after the Judge retired.

1-1-2010

(d)

This facility may also be used separately by the

Judge and spouse that is it need not be used by the Judge together with the spouse or at the same time.

1-7-1980

(e)

A Judge who selects to downgrade his flight class from first class fare to business class fare or economy class fare or selects to purchase a tour package will be paid the difference between the actual cost fare (not exceeding the fare limit). If the actual fare exceeds the fare limit, the difference that can be paid is the difference of the fare limit and the downgraded fare or tour package.

1-1-2010

Section 16A

PAID PASSAGE TO VISIT PLACE OF ORIGIN:

(1)

(2)

Paid passage for travel within Malaysia for judge and spouse and children

Effective date

Once in every 1 year of service, a Judge from Peninsular

Malaysia who is serving in Sabah or Sarawak or a Judge from Sabah or Sarawak who is serving in Peninsular

Malaysia is eligible for paid air fare from the Government to travel to Peninsular Malaysia or Sabah or Sarawak for himself, the spouse (first class fare) and three children below the age of twenty-one years (economy class fare).

This facility must be utilised in the current year.

1-1-1996

Judges’ Remuneration 51

Section 17

SPECIAL JUDICIAL ALLOWANCE:

(1)

(2)

(3)

Judges

Amount

Effective date

Section 1

Chief Justice

RM15,000.00

per month

1-1-2009 2.

President of the Court of Appeal

RM12,000.00

per month

1-1-2009 3.

Chief Judges of the High Court in

Malaya

RM10,000.00

per month

1-1-2009

Section 4

Chief Judges of the High Court in

Sabah and Sarawak

RM10,000.00

per month

1-1-2009 5.

Judges of the Federal Court

RM8,000.00

per month

1-1-2009 6.

Judges of the Court of Appeal

RM7,000.00

per month

1-1-2009 7.

Judges of the High Court in Malaya and Sabah and Sarawak

RM6,000.00

per month

1-1-2009

Section 18

PENSIONER’S CARD:

1-1-1996

(a)

The Chief Justice may issue a pensioner’s card to a former Judge who is receiving pension or other benefits under this Act and to the spouse of the

Judge for the purpose of identification and to enable the Judge and spouse to be eligible to receive medical benefits and other facilities as determined by the Government from time to time.

(b)

The pensioner’s card shall be surrendered to the

Chief Justice when the former Judge is no longer eligible to receive the medical benefits and other facilities.

(c)

In the event the pensioner’ card is lost and a new card is required, the former Judge or spouse shall make a police report and a copy of the police

52

report shall be forwarded to the Chief Justice, who may issue a new card to the Judge or spouse.

Section 19

SPORTS AND RECREATIONAL CLUB’S MEMBERSHIP PAYMENT/FEE

(1)

(2)

Sports and Recreational Club’s Membership Payment/Fee

Effective date

A Judge shall be eligible to claim for sports and recreational club’s membership payment/fee payable to officers serving in Principal Grade A as revised from time to time.

1-1-2010

THIRD SCHEDULE

(Deleted by Act A1462)

FOURTH SCHEDULE

(Deleted by Act A1462)

FIFTH SCHEDULE

[Section 19A]

Section 1

SALARY:

Section 2

RM33,150.00 per month

ENTERTAINMENT ALLOWANCE:

Section 3

RM4,500.00 per month

SPECIAL JUDICIAL ALLOWANCE:

RM5,000.00 per month

Section 4

Judges’ Remuneration 53

ACCOMMODATION:

(i)

Free fully furnished institutional quarters which (including the compound)

shall be maintained free of charge, or in lieu thereof a house rent subsidy of RM2,500.00 per month;

(ii)

A provision of RM1,500.00 per month for domestic help; and

(iii)

A provision of RM3,000.00 per annum for house and garden upkeep.

Section 5

OTHER ALLOWANCE AND PRIVILEGES:

The allowances and privileges specified in paragraphs 1A, 3, 3A, 3B, 3C, 4, 5, 6, 6A,

7, 8, 10, 11, 12, 13, 13A, 14, 15 ,15A and 15B of the Second Schedule.

Section 6

GRATUITY:

(1)

(2)

Gratuity

Effective

Date

A Judicial Commissioner who has reached the end of his appointment and has not been appointed as a

Judge is entitled to a gratuity as follows:

1-9-2010

(a)

a Judicial Commissioner who does not contribute to the Employees Provident Fund shall be paid gratuity based on the following computation:

Section 17

5% x last drawn salary x total number of completed months of service, as accorded to an officer in the public service as revised from time to time; and

(b)

a Judicial Commissioner who contributes to the Employees Provident Fund shall be paid gratuity based on the following computation:

(17.5% – percentage rate of employer’s contribution to the Employees Provident Fund based on prevailing laws in effect) x (last drawn salary x total number of completed months of service) – (total interest paid on the employer’s contribution to the Employees

Provident Fund), as accorded to an officer in

54

(1)

(2)

Gratuity

Effective

Date the public service as revised from time to time.

Section 7

PAYMENT IN LIEU OF LEAVE:

A Judicial Commissioner who has reached the end of his appointment but is unable to take his annual vacation leave owing to exigencies of service, is eligible to be given a cash payment in lieu of the leave equivalent to one-thirtieth of his last-drawn monthly salary for each day subject to the following conditions:

(a)

the maximum allowable vacation leave for the purpose of a cash payment is eight days or one-quarter of the rate of the annual vacation leave per year, whichever is lower, and if the number of days involves decimal digits, the calculation shall be rounded to the nearest number;

(b)

the maximum allowable vacation leave for the purpose of a cash payment for the duration of the appointment of the Judicial

Commissioner is thirty-five days;

(c)

only a Judicial Commissioner who has reached the end of his appointment and is not appointed as a Judge is eligible to be given a cash payment in lieu of the leave not taken;

(d)

the period of appointment in force shall not be less than one year; and

(e)

he does not have any pending grounds of judgment or part-heard cases.

55

Act 45

LIST OF AMENDMENTS

Amending law

Short title

In force from

P.U.(A) 403/1972

Judges’ Remuneration Regulations 1972

22-12-1972

P.U.(A) 360/1973

Judges’ Remuneration Regulations 1973

21-12-1973

P.U.(A) 47/1975

Judges’ Remuneration Regulations 1975

01-04-1974

P.U.(A) 432/1975

Judges’ Remuneration (Amendment)

(No.2) Regulations 1975

26-12-1975

Act A420

Judges’ Remuneration (Amendment)

Act 1978

24-02-1978

Judges’ Remuneration (Amendment)

Act 1979

01-01-1976

P.U.(A) 11/1979

Judges’ Remuneration (Amendment of Second Schedule) Regulations 1979

26-01-1979

Judges’ Remuneration (Amendment)

(No.2) Act 1979

14-09-1979

Act A494

Judges’ Remuneration (Amendment)

Act 1980

01-07-1980

P.U.(A) 366/1980

Judges’ Remuneration (Amendment of Second Schedule) Regulations 1980

01-08-1979

56

Amending law

Short title

In force from

P.U.(A) 367/1980

Judges’ Remuneration (Amendment of

Second

Schedule)

(No.2)

Regulations 1980

01-07-1980

Judges’ Remuneration (Amendment)

Act 1984 01-07-1980

except s.1(2):

01-01-1985

Judges’ Remuneration (Amendment)

Act 1991 12-04-1991

Except s.3:

01-10-1988

P.U.(A) 405/1991

Judges’ Remuneration (Amendment of First Schedule) Regulations 1991

01-01-1991

Judges’ Remuneration (Amendment of Schedule) Regulations 1993

04-06-1993

except subregulation 2(1):

01-01-1989

and regulations 3

and 4:

01-01-1992

Judges’ Remuneration (Amendment)

Act 1994

01-01-1992

Act A885

Constitution (Amendment) Act 1994

24-06-1994

Judges’ Remuneration (Amendment)

(No.2) Act 1994

01-07-1994

P.U.(A) 567/1996

Judges’ Remuneration (Amendment of Second Schedule) Regulations 1996

15-11-1996

Judges’ Remuneration 57

Amending law

Short title

In force from

Judges’ Remuneration (Amendment of Schedules) Regulations 1997

02-10-1997

except paragraph 4(a):

01-01-1995

and paragraphs 4(b), (c), (d)

and (e):

01-01-1996

Act A1013

Judges’ Remuneration (Amendment)

Act 1998

01-01-1995

P.U.(A) 256/1998

Judges’ Remuneration (Amendment of Fifth Schedule) Regulations 1998

01-01-1996

P.U.(A) 298/1998

Judges’ Remuneration (Amendment of Second Schedule) Regulations 1998

01-03-1998

P.U.(A) 55/2000

Judges’ Remuneration (Amendment of Second Schedule) Regulations 2000

01-03-1998

Judges’ Remuneration (Amendment of First and Fifth Schedules)

Regulations 2000

01-01-2000

Judges’ Remuneration (Amendment of First and Fifth Schedules)

Regulations 2002

01-01-2002

Act A1170

Judges’ Remuneration (Amendment)

Act 2002

01-01-2002

Judges’ Remuneration (Amendment of First and Fifth Schedules)

Regulations 2005

01-01-2004

Judges’ Remuneration (Amendment)

Act 2005

21-03-2005

P.U.(A) 425/2006

Judges’ Remuneration (Amendment of Second Schedule) Regulations 2006

01-08-2003

58

Amending law

Short title

In force from

Judges’ Remuneration (Amendment of First and Fifth Schedules)

Regulations 2008

01-07-2007

P.U. (A) 128/2008

Judges’ Remuneration Act –

Corrigendum

02-05-2008

Judges’ Remuneration (Amendment)

Act 2008

28-08-2008

Judges’ Remuneration (Amendment)

Act 2009

s.7 and s.8(1),

(2)

and (3):

01-01-2009

s.2 and 6 and s.8(4):

01-01-2008

s.3, 4 and 5:

relating to the reduction of the amount of the derivative pension to seventy per cent after the period of twelve and a half years:

01-01-2009;

relating to the requirement of residency in

Malaysia:

01-01-2008

Judges’ Remuneration (Amendment of Second Schedule and Fifth

Schedule) Regulations 2009

13-02-2009

Judges’ Remuneration (Amendment of First, Second and Fifth Schedule)

Regulations 2009

01-01-2009

P.U. (A) 359/2009

Judges’ Remuneration (Amendment of Second and Fifth Schedule)

Regulations 2009 – Corrigendum 01-01-2009

Judges’ Remuneration 59

Amending law

Short title

In force from

P.U.(A) 228/2010

Judges’ Remuneration (Amendment of Second and Fifth Schedules)

Regulations 2010

Paragraphs 2(a) and 3(a):

01-09-2007;

Paragraphs 2(b),2(c),2(d),

2(e),2(f),2(h),

3(b) and 3(c):

01-01-2009;

Paragraphs 2(g) and 2(i):

01-01-2010

Judges’ Remuneration (Amendment)

Act 2011

s.2, 3, 5, 6 and 7:

01-01-2009;

s.4:

28-08-2008

Act A1412

Judges’ Remuneration (Amendment)

(No. 2) Act 2011

01-01-2012

Judges’ Remuneration (Amendment of Second and Fifth Schedules)

Regulations 2012

Paragraphs 2(a), 2(c) and 2(d):

01-01-2012;

Paragraph 2(b):

13-01-2011;

Paragraph 2(e):

23-01-2009;

Paragraph 2(f):

01-05-2010;

Paragraph 3(a):

04-05-2012;

Paragraph 3(b):

01-09-2010

Judges’ Remuneration (Amendment)

Act 2014

s.2, 4, 5 and 6:

01-01-2014;

s.3:

01-07-2013

60

Amending law

Short title

In force from

P.U.(A) 244/2014

Judges’ Remuneration (Amendment of Second Schedule and Fifth

Schedule) Regulations 2014

01-07-2013

P.U.(A) 295/2015

Judges’ Remuneration (Amendment of Second Schedule) Regulations 2015

01-10-2015

Judges’ Remuneration (Amendment of First and Fifth Schedules)

Regulations 2016

01-07-2015

Act A1494

Judges’ Remuneration

(Amendment) Act 2015

18-01-2016

Act A1531

Judges’ Remuneration

(Amendment) Act 2017

01-06-2017

P.U. (A) 29/2023

Judges’ Remuneration (Amendment of Second Schedule) Regulations 2023

01-01-2022

P.U. (A) 7/2024

Judges’ Remuneration (Amendment of Second Schedule) Regulations 2024

Paragraph 2(a):

16-01-2024;

Paragraph 2(b):

01-07-2015;

Paragraph 2(c):

01-01-2023

P.U. (A) 455/2025

Judges’ Remuneration (Amendment of First and Fifth Schedules)

Regulations 2025

01-01-2026

61

Act 45

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

Long title

1A

01-07-1980;

except ss.1(2),

01-10-1980 01-07-1994 21-03-2005 28-08-2008 01-01-2008 01-01-2014

2

Act A443 01-01-1976

Act A609 01-01-1976 01-07-1980

4

Act A1531 01-07-1980 01-01-2009 01-06-2017

5

Act A1531 01-01-1992 01-01-2009 01-06-2017

6

7

Act A1013 01-01-1976 01-07-1980 01-01-1995

62

Section

Amending authority

In force from

7A

Act A1401 28-08-2008 28-08-2008

8

Act A1531 01-01-1976 14-09-1979 01-07-1980 01-07-1994 21-03-2005 01-07-2013 01-06-2017

8A

Act A463 14-09-1979

8B

Act A899 14-09-1979 01-01-1992 01-07-1994

8C

Act A1531 01-01-1992 01-07-1994 01-06-2017

9

Act A1401 01-07-1994 01-01-2009

10

Act 443

Act A1346 01-01-1976 01-07-1980 01-01-2009

11

Act A1412 01-07-1980 01-01-2009 01-01-2012

11A

Act A1170

Act A1346 01-07-1980 01-01-2002 01-01-2009

11B

11C

Act A1170 01-07-1980 01-01-2002

11D

11E

Judges’ Remuneration 63

Section

Amending authority

In force from

12

Act A420

Act A872 01-01-1976 24-02-1978 01-07-1980 01-01-1992

13

Act A1494 01-07-1980 18-01-2016

Part IIIA

01-07-1980

15A

Act A1346 01-07-1980 01-01-2008

15B

Act A1462 01-07-1980 01-07-1994 01-01-2014

17

19

Act A872 12-04-1991 01-01-1992

19A

Act A1338 01-01-1992 28-08-2008

First Schedule

Act A494

P.U.(A) 405/1991

P.U.(A) 455/2025 01-01-1976 01-07-1980 12-04-1991;

except s.3,

01-01-1988 01-01-1991 01-01-1992 01-07-1994 02-10-1997 01-01-2000 01-01-2002 01-01-2004 01-07-2007 01-01-2009 01-07-2015 01-01-2026

64

Section

Amending authority

In force from

Second Schedule

P.U.(A) 403/1972

P.U.(A) 360/1973

P.U.(A) 47/1975

P.U.(A) 432/1975

P.U.(A) 11/1979

P.U.(A) 366/1980

P.U.(A) 367/1980

P.U.(A) 567/1996

P.U.(A) 298/1998

P.U.(A) 55/2000

P.U.(A) 425/2006

P.U.(A) 194/2009 22-12-1972 21-12-1973 01-04-1974 26-12-1975 26-01-1979 01-08-1979 01-07-1980 01-07-1980 01-01-1992 01-07-1994 15-11-1996 02-10-1997 01-03-1998 01-03-1998 01-08-2003 13-02-2009 01-01-2009

P.U.(A) 228/2010

Paragraphs 2(a)

and 3(a),

01-09-2007;

Paragraphs 2(b),

2(c), 2(d), 2(e),

2(f), 2(h), 3(b)

and 3(c),

01-01-2009;

Paragraphs 2(g)

and 2(i),

01-01-2010

Paragraphs 2(a),

2(c) and 2(d):

01-01-2012;

Paragraph 2(b):

13-01-2011;

Paragraph 2(e):

23-01-2009;

Paragraph 2(f):

01-05-2010

P.U. (A) 244/2014

P.U. (A) 295/2015

P.U. (A) 29/2023 01-07-2013 01-01-2015 01-01-2022

P.U. (A) 7/2024

Paragraph 2(a):

16-01-2024;

Paragraph 2(b):

01-07-2015;

Paragraph 2(c):

01-01-2023

Judges’ Remuneration 65

Section

Amending authority

In force from

Third Schedule

Act A1462 01-07-1980 01-01-2009 01-01-2014

Fourth Schedule

Act A1462 01-07-1980 01-01-2009 01-01-2009 01-01-2014

Fifth Schedule

P.U.(A) 256/1998

P.U.(A) 228/2010 01-01-1992

Paragraph 4(a),

01-01-1995;

Paragraphs 4(b),

4(c), 4(d) and 4(e);

01-01-1996 01-01-1996 01-01-2000 01-01-2002 01-01-2004 01-07-2007 13-02-2009 01-01-2009

Paragraphs 2(a)

and 3(a),

01-09-2007;

Paragraphs 2(b),

2(c), 2(d), 2(e),

2(f), 2(h), 3(b)

and 3(c),

01-01-2009;

Paragraph 3(a),

04-05-2012;

Paragraph 3(b),

01-09-2010

P.U. (A) 244/2014

P.U.(A) 455/2025

01-07-2013 01-07-2015 01-01-2026

Amending instrument	Year
AKTA SARAAN HAKIM (PINDAAN) (NO. 2) 2011	2011
AKTA SARAAN HAKIM (PINDAAN) 2011	2011
AKTA SARAAN HAKIM (PINDAAN) 2014	2014
AKTA SARAAN HAKIM (PINDAAN) 2015	2015
AKTA SARAAN HAKIM (PINDAAN) 2017	2017

*JUDGES' REMUNERATION ACT 1971

About this act

PART I

(2)

(a)

(i)

(ii)

(b)

(a)

(b)

(c)

(d)

PART II

SALARIES AND ALLOWANCES OF JUDGES

(2)

PART III

(2)

(2)

(a)

(b)

(2)

(3)

(a)

(b)

(c)

(d)

(2)

(3)

(4)

(5)

(2)

(a)

(b)

(2)

(3)

(a)

(b)

(2)

(3)

(a)

(i)

(ii)

(b)

(4)

(5)

(2)

(a)

(i)

(ii)

(b)

(3)

(a)

(b)

(c)

(d)

(4)

(5)

(a)

(b)

(c)

(2)

(3)

(a)

(b)

(2)

(a)

(b)

(3)

(4)

(5)

(6)

(7)

(a)

(b)

(c)

(d)

(e)

(i)

(ii)

(f)