Malaysia legislation
Section 6A
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 pensions authority.
(3)
The exercise of the option by an employee under this section shall take effect on his being confirmed in his appointment and shall thereupon be irrevocable.
(4)
Where an employee opts for the Employees Provident Fund
Scheme, the provisions of this Act, except this section and section 26, shall not apply to such employee.
(5)
An employee who opts for the Employees Provident Fund
Scheme shall retire from the service of a statutory or local authority on attaining the age of sixty years.
(5A)
Subsection (5) 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.
(5B)
The compulsory retirement age for an employee who had not opted for the compulsory retirement age of sixty years 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 employee for the purpose of subsections (5) and (5A)
shall be irrevocable.
(6)
An appropriate authority may, with the consent of the pensions authority, require an employee who opts for the Employees Provident
Fund Scheme to retire from the service of a statutory or local authority
10 Laws Of Malaysia ACT 239
in any circumstances referred to in paragraphs 10(5)(a), (b), (c), (d),
(e)
and (f) or section 11.
(6A)
Notwithstanding subsection (3), an employee 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.
(6B)
The option made under subsection (6A) shall be irrevocable on 1 February 2009 and the provisions of this Act shall apply to the employee from that date.
(6C)
Where an employee has opted for pension, gratuity or other benefit pursuant to subsection (6A) and dies before the option becomes irrevocable pursuant to subsection (6B), the employee is deemed to be a pensionable employee and the provisions of this Act shall apply to him from the date of his death.
(7)
(Deleted by Act A904).
Pensionable employee may opt for the Employees Provident Fund
Scheme