Malaysia legislation
Section 10
Section 10
(2)
(Deleted by Act A1125).
(3)
Where an employee attains the compulsory retirement age of fifty-five, fifty-six, fifty-eight or sixty years, as the case may be, and a
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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.
(4)
Where the criminal or disciplinary proceeding under subsection (3) 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.
(5)
An appropriate authority may, with the consent of the pensions authority, require any employee to retire from service in a statutory or local authority—
(a)
where the pensions authority is satisfied on medical evidence that the employee 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 statutory or local authority to which the employee belongs by which greater efficiency or economy may be achieved;
(d)
on the ground that the employee’s employment has been terminated in the public interest;
(e)
on the ground that the employee has voluntarily (other than marriage) acquired citizenship of, or exercised rights of citizenship in, or has made a declaration of allegiance to, any other country other than Malaysia or on the ground that the employee has been deprived of his Malaysian citizenship; or
Statutory and Local Authorities Pensions 17
(f)
on the ground that the employee had, for the purpose of his appointment to the service of a statutory or local authority—
(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 into the service of a statutory or local authority 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 employee has been given a reasonable opportunity to make representations thereon to the said appropriate authority.
(6)
Paragraph (5)(f) shall apply only to employees appointed to the service of a statutory or local authority after the commencement of this subsection.
(7)
The compulsory age of retirement of sixty years provided for in subsection (1) shall apply to an employee 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 employee 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.
(9)
The option for the compulsory age of retirement of sixty years exercised by an employee referred to in subsection (8) shall be irrevocable.
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Retirement at the instance of the Minister