Malaysia legislation
Section 10
Section 10
(2)
Where an officer attains the compulsory age of retirement of fifty-five, fifty-six, fifty-eight or sixty years, as the case may be, and a criminal or disciplinary proceeding which may result in his conviction or dismissal is not concluded, his service shall be deemed to have been extended beyond any of that age, as the case may be, but on no-pay leave until his case is determined.
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(3)
Where the criminal or disciplinary proceeding under subsection (2) does not result in his conviction or dismissal, he shall retire on attaining the age of fifty-five, fifty-six, fifty-eight or sixty years, as the case may be of his compulsory age of retirement, and the period of service after any of this age, as the case may be, shall not be regarded as reckonable service.
(4)
Subsection (1) shall not apply to—
(a)
the Clerk to the House of Representatives or the Clerk to the Senate; and
(b)
those officers who have retired after the coming into force of this Act but before the publication thereof.
(c)
(Deleted by Act A1124).
(5)
The Yang di-Pertuan Agong, in the case of a federal officer or a local federal officer, or the State Authority, in the case of a state officer, may require any officer to retire from the public service—
(a)
where the Director General or the State Secretary, as the case may be, is satisfied on medical evidence that the officer is incapable of discharging the duties of his office, by reason of infirmity of mind or body likely to be permanent;
(b)
on the abolition of the office held by him;
(c)
for the purpose of facilitating improvement in the organization of the department to which the officer belongs by which greater efficiency or economy may be achieved;
(d)
on the ground that the officer’s employment has been terminated in the public interest;
(e)
on the ground that the officer has voluntarily (other than marriage) acquired citizenship of, or exercised rights of
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citizenship in, or has made a declaration of allegiance to, any other country other than Malaysia or on the ground that the officer has been deprived of his Malaysian citizenship; or
(f)
on the ground that the officer had, for the purpose of his appointment to the public service—
(i)
made any statement or given any information, whether orally or in writing, whether on oath or otherwise; or
(ii)
supplied any document, which was false, erroneous, inaccurate, incomplete, or misleading or likely to mislead and his appointment to the public service was made partly or wholly in reliance on that statement, information or document:
Provided that retirement under this paragraph shall not be effected unless the officer has been given a reasonable opportunity to make representations thereon to the Yang di-Pertuan Agong or the State Authority, as the case may be.
(6)
Paragraph (5)(f) shall apply only to officers appointed to the public service after the commencement of this subsection.
(7)
The compulsory age of retirement of sixty years provided for in subsection (1) shall apply to an officer who is appointed on or after 1 January 2012.
(8)
The compulsory age of retirement of sixty years provided for in subsection (1) shall not apply to an officer who was appointed before 1 January 2012 and had been given an option before such date and had not opted for the compulsory age of retirement of sixty years.
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(9)
The option for the compulsory age of retirement of sixty years exercised by an officer referred to in subsection (8) shall be irrevocable.
Retirement at the instance of the Government