Malaysia legislation
Section 16
Section 16
(a)
(Deleted by Act A1344).
(b)
where a pensionable employee dies within or after twenty years from the date of his retirement the Minister 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 employee while the employee was still in service;
(ii)
in the case of a child or dependant step-child, is a child or dependant step-child of a marriage that had taken place while the employee 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 employee was still in service; or
22 Laws Of Malaysia ACT 239
(iv)
in the case of an illegitimate child, is a child conceived while the employee was still in service.
(2)
Where a pensionable employee dies after his retirement but during the period of retirement prior to his death his pension was not granted or has ceased under section 23, subsection (1) shall apply and for this purpose the employee shall be deemed to have received the pension.