Malaysia legislation

Section 6A

of *PENSIONS ACT 1980

Section 6A

(2)

The option under subsection (1) shall be made to the appropriate appointing authority in such manner as may be determined by the Director General.

10 Laws of Malaysia ACT 227

(3)

The exercise of the option by an officer under this section shall take effect on his being confirmed in his appointment and shall thereupon be irrevocable.

(4)

Where an officer opts for the Employees Provident Fund

Scheme, the provisions of this Act, except this section, shall not apply to such officer.

(5)

An officer who opts for the Employees Provident Fund

Scheme shall retire from the public service on attaining the age of sixty years.

(5A)

Subsection (5) 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.

(5B)

The compulsory retirement age for an officer who had not opted for the compulsory retirement age of sixty years as referred to in subsection (5A) shall remain either fifty-five years or fifty-six years or fifty-eight years as the age that he had opted before 1 January 2012.

(5C)

The option for the compulsory age of retirement of sixty years exercised by an officer for the purpose of subsections (5) and (5A) shall be irrevocable.

(6)

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 an officer who opts for the Employees Provident

Fund Scheme to retire from the public service in any of the circumstances referred to in paragraphs 10(5)(a), (b), (c), (d), (e) and

(f)

or section 11.

(6A)

Notwithstanding subsection (3), an officer who had opted for the Employees Provident Fund Scheme before 1 January 2009 and has been confirmed in his appointment before such date shall be given an option to opt for pension, gratuity or other benefit granted under this Act.

Pensions 11

(6B)

The option made under subsection (6A) shall be irrevocable on 1 February 2009 and the provisions of this Act shall apply to the officer from that date.

(6C)

Where an officer has opted for pension, gratuity or other benefit pursuant to subsection (6A) and dies before the option becomes irrevocable pursuant to subsection (6B), the officer is deemed to be a pensionable officer and the provisions of this Act shall apply to him from the date of his death.

(7)

In this section “Employees Provident Fund Scheme” refers to a provident fund established under the Employees Provident Fund

Act 1991 [Act 452], including an approved fund as defined in that

Act.

Conferment of pensionable status