Malaysia legislation

Section 15

of *PENSIONS ACT 1980

Section 15

(a)

(Deleted by Act A1343).

(b)

where a pensionable officer dies within or after the period of *twenty years from the date of his retirement from the public service, the Yang di-Pertuan Agong may grant to the person prescribed in the regulations a derivative pension equivalent to the amount of pension paid to him:

Provided that any grant of derivative pension after the expiration of the period of *twenty years from the date of his retirement shall only be made where the recipient—

(i)

in the case of a widow or widower, was married to the deceased officer while such officer was still in service;

(ii)

in the case of a child or dependent step-child, is a child or dependent step-child of a marriage that had taken place while the officer was still in service;

(iii)

in the case of an adopted child, is a child adopted

*NOTE—Saving and transitional–see section 12 of the Pensions (Amendment) Act 2011 [Act A1409]

which comes into operation on 1 January 2012.

20 Laws of Malaysia ACT 227

under any written law relating to adoption or under any custom or usage, while the officer was still in service; or

(iv)

in the case of an illegitimate child, is a child conceived while the officer was still in service.

(2)

Where an officer dies after his retirement but during the period of retirement prior to his death his pension was not granted or has ceased under section 21, subsection (1) shall apply and for this purpose the officer shall be deemed to have received the pension.

Cessation of derivative pension