In forceUpdated to 1 Jan 2006Read it in Bahasa Malaysia

Contents

Act of Parliament · Updated to 1 Jan 2006

Teachers' Superannuation Fund (Sabah) (Dissolution) Act 1998

Repeals the law on teachers' superannuation

Official textFrom Laws of Malaysia Online, unchanged

s 1Short title and commencement

(1)

This Act may be cited as the Teachers’ Superannuation

Fund (Sabah) (Dissolution) Act 1998.

(2)

This Act shall come into operation on a date to be appointed by the Minister by notification in the Gazette.

s 2Interpretation

In this Act, unless the context otherwise requires—

“appointed date” means the date appointed by the Minister under section 1;

“Board” means the Board of Management established under subsection 4(1) of the Ordinance;

“eligible person” means a person entitled to a superannuation allowance, a gratuity, a pension or any other retirement benefit under the Ordinance;

“Fund” means the Teachers’ Superannuation Fund established under section 3 of the Ordinance;

“Government” means the Federal Government;

“Minister” means the Minister charged with the responsibility for finance;

“Ordinance” means the Teachers’ Superannuation Ordinance 1963 (Sabah) [Sabah Ord. 20 of 1963];

“pension” means an annual superannuation allowance payable under section 7 of the Ordinance, and includes any gratuity, pension, or other retirement benefit payable under the Ordinance.

s 3Repeal and dissolution

The Ordinance is repealed and the Board and the Fund established thereunder are dissolved.

s 4Transfer of powers, rights, etc.

All powers, rights, privileges, duties, liabilities and obligations which immediately before the appointed date were those of the

Board shall, as from that date, devolve on the Government.

s 5Transfer of property

All immovable property and assets which immediately before the appointed date were vested in the Fund or in any person or body acting on its behalf shall, on the appointed date, vest in the

Government.

s 6Transfer of funds

All moneys standing in, or due to be paid to, the Fund shall, on the appointed date, be transferred to, and vest in the Government.

s 7Existing contracts, etc.

All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the appointed date

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and affecting any of the property and moneys transferred under sections 5 and 6 shall be of full force and effect against or in favour of the Government and enforceable as fully and effectually as if, instead of the Board or the Fund, or any person or body acting on its behalf, the Government had been named therein or had been a party thereto.

s 8Officer responsible for payment of pension

The State Treasurer of Sabah shall be the officer responsible for effecting the payment of the amounts provided for in section 9.

s 9Payment of lump sum amount

(1)

A person who was, on 15 February 1983, an eligible person shall be paid the amount as recommended in the actuary’s report dated 30 August 1996 and any subsequent revision thereof made by the actuary and an additional forty per cent of that amount.

(2)

The lump sum amount to be paid under subsection (1) shall be paid out of the moneys referred to in section 6 and, if such moneys are insufficient for such purpose, the property and assets referred to in section 5.

(3)

For the purposes of this section, “actuary” means the actuary appointed under the Ordinance by the Board for the purpose of determining the amount to be paid under this Act.

s 10Payment without probate or letters of administration

(1)

Notwithstanding any written law to the contrary, where an eligible person to whom any payment could be made under subsection 9(1) is deceased or dies before the payment is made, the amount remaining unpaid may be paid to his dependants without probate or letters of administration.

(2)

Where there are more than one dependant to whom payment may be made under subsection (1), the payment shall be made in equal amounts to the dependants.

(3)

Where there is no dependant, the amount payable under

subsection (1) shall become part of the deceased eligible person’s estate.

(4)

For the purpose of this section—

(a)

“child” in relation to a deceased eligible person means—

(i)

a child who is under twenty-one years of age of the eligible person and includes—

(A)

a posthumous child, a dependant stepchild and an illegitimate child of the eligible person; and

(B)

a child adopted by the eligible person under any written law relating to adoption or under any custom or usage, on satisfactory proof of such adoption;

and

(ii)

a child of any age who is mentally retarded or physically and permanently incapacitated and is incapable of supporting himself provided that such child is mentally retarded or physically and permanently incapacitated before the child reaches the age of twenty-one years;

and

(b)

“dependant” means—

(i)

a widow of a deceased eligible person;

(ii)

a widower of a deceased eligible person;

(iii)

a child of a deceased eligible person; or

(iv)

the mother of a deceased eligible person or if his mother is not living, his dependant father.

s 11Payment to constitute full discharge

Where payment is made in good faith under section 9 or 10

and in accordance with the provisions of this Act—

(a)

such payment shall constitute a full and proper discharge of all the liability of the Government under the Ordinance and this Act and no eligible person shall be entitled to any further payment thereafter; and

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(b)

no action, suit or proceedings calling such payment in question or the payment of any other amount shall be brought or shall lie against the Government or any of its officers or servants.

s 12Continuance of criminal and civil proceedings

(1)

The repeal of the Ordinance shall not affect any person’s liability to be prosecuted or punished for offences committed under the Ordinance before the appointed date, or any proceedings brought or sentence imposed before that date in respect of such offence.

(2)

Any proceedings (whether civil or criminal) or cause of action pending or existing immediately before the appointed date by or against the Board or any person or body acting on its behalf may be continued or instituted by or against the Government as it might have been continued or instituted by or against the Board or such person or body as if this Act had not been passed.

(3)

Any appeal brought, or any leave to appeal applied for, on or after the appointed date, against a decision given before the appointed date in any legal proceedings to which the Board or any person or body acting on its behalf was a party may be brought by or against the Government as it might have been brought by or against the Board as if this Act had not been passed.

s 13Prevention of difficulties or anomalies

(1)

If any difficulty or anomaly arises in connection with the implementation of this Act, the Minister may by order make such modifications to any provision of this Act as may appear to him to be necessary for removing or preventing such difficulty or anomaly:

Provided that the Minister shall not exercise the powers conferred by this section after the expiration of three years from the appointed date.

(2)

In this section, “modifications” includes amendments, additions, deletions, substitutions, adaptations, variations, alteration and non-application of any provision of this Act.

s 14Cessation of regulations

All regulations made under section 18 of the Ordinance shall cease to have effect on the appointed date.

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LIST OF AMENDMENTS

Amending law

Short title

In force from

NIL –

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

NIL –

KUALA LUMPUR