Malaysia legislation

Section 25

of *PENSIONS ACT 1980

Section 25

Subject to section 16—

(a)

where a temporary officer dies in service and would have become eligible for retiring allowance and gratuity under section 24 had he retired on the date of his death, the

Yang di-Pertuan Agong may grant to the person prescribed in the regulations—

(i)

a derivative gratuity equivalent to the officer’s gratuity; and

(ii)

a derivative retiring allowance equivalent to the officer’s retiring allowance;

26 Laws of Malaysia ACT 227

(b)

where a temporary officer who is receiving a retiring allowance dies within or after the period of *twenty years from the date of his retirement, a derivative retiring allowance equivalent to the officer’s retiring allowance may be granted to the person prescribed in the regulations:

Provided that any grant of derivative retiring allowance after the expiration of the period of *twenty years shall only be made where the recipient—

(i)

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

(ii)

in the case of a child or dependent stepchild, is a child or dependent stepchild 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 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.

(c)

(Deleted by Act A1343).

Section 25 — AKTA PENCEN 1980 | mylaw.my