Section 1
This Act may be cited as the Members of the Administration and Members of Parliament (Pensions and Gratuities) Act, 1971, and shall be deemed to have come into force on the 1st day of January, 1970, 10th day of March, 1969
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MEMBERS OF THE ADMINISTRATION AND MEMBERS OF PARLIAMENT (PENSIONS AND GRATUITIES) ACT 1971 is Malaysia Act, cited as Act 23 1971, currently marked repealed and first recorded in 1971.
Opening note
This Act may be cited as the Members of the Administration and Members of Parliament (Pensions and Gratuities) Act, 1971, and shall be deemed to have come into force on the 1st day of January, 1970, 10th day of March, 1969
In this Act, unless the context otherwise requires—
"Member" means a Member of the Administration as defined in Article 160 (2) of the Federal Constitution and includes a Member of either House of Parliament but does not include a Political Secretary who is not a Member of Parliament or a Member of the Administration of a State;
"reckonable service" means the period during which a person is a Member whether continuously or in two or more separate periods; and for the purpose of calculating the length of a Member's "reckonable service", all periods of reckonable service shall be aggregated;
"salary" means—
in relation to a Member of Parliament the monthly allowance payable to him under the Parliament (Members' Remuneration) Act, 1960;
in relation to the Prime Minister, a Minister or an Assistant Minister the salary payable to him in accordance with the law relating to the remuneration of such Members;
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in relation to a Parliamentary Secretary the salary in the form of monthly allowance payable to him under the Parliamentary Secretaries (Remuneration) Act, 1965;
and includes, where applicable, the allowance as a Designated Minister, as Leader or Deputy Leader of the House of Representatives or as Leader of Opposition.
A pension under this section shall continue for the life of that person to whom it is payable but shall not be payable in respect of any period during which he is again a Member and is in receipt of a salary in respect thereof.
Notwithstanding subsection (2) of section 3, a Member who does not hold the office of Prime Minister, Minister or Assistant Minister may be granted a pension under subsection (1) of that section if he has previously served as Prime Minister or as a Minister or Assistant Minister for a period of not less than three years (whether continuously or otherwise).
Notwithstanding section 6, a Member who has held the office of Prime Minister for a period of not less than 4 years (either continuously or otherwise) may be granted a pension under section 3 or section 4, as the case may be, of not less than $3,000 per month.
The pension payable under section 4 shall be calculated at the rate of 1/540 of the annual salary of the Member for each completed month of reckonable service prior to his last ceasing to hold office of Prime Minister, Minister or Assistant Minister.
The maximum pension due in either case as aforesaid shall be in respect of 240 completed months of reckonable service.
MEMBERS OF THE ADMINISTRATION AND MEMBERS OF PARLIAMENT (PENSIONS AND GRATUITIES)
The salary which shall be taken to compute the pension in any particular case as aforesaid shall be onethird of the total salary received during any 36 months of reckonable service (whether this period be continuous or otherwise) where the salary was at its maximum point or points.
when he ceases to be a Member but not solely by reason of the dissolution of Parliament:
Provided that where the Member is a Prime Minister, Minister or Assistant Minister, at his option, when he ceases to hold such office;
The salary which shall be taken to compute the gratuity in any particular case shall be one-third of the total salary received during any 36 months of reckonable service (whether this period be continuous or otherwise) where the salary was at its maximum point or points, or, where the reckonable service is less than three years, the average expressed on an annual basis of the salary drawn by him over the period of his reckonable service.
The amount of gratuity shall be calculated at the rate of 1/96 of the annual salary of the Member for each completed month of reckonable service subject to a maximum gratuity due in respect of 240 months.
Any period of reckonable service in respect of which a gratuity or cash award has been paid to a Member in respect of his service prior to the commencement of this Act or any period of reckonable service in respect of which a gratuity has been previously paid under the provisions of this Act shall be disregarded for the purpose of calculating a gratuity that falls due to be paid under this Act.
Where a Member dies and a gratuity under this section is granted, such gratuity may be paid to such of his dependants as the Yang di-Pertuan Agong may decide or if there are no dependants, to his legal personal representative.
Pensions under this Act may be paid monthly at the end of each month in which the pension falls due or at such other intervals as the Yang di-Pertuan Agong may determine either generally or in any particular case.
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A pension or gratuity granted under this Act shall not be assignable or transferable except for the purpose of satisfying-
an Order of any court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child of the Member to whom the pension has been granted, but shall not be liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatever except a debt due to the Government.
10A Any pension or gratuity payable under this Act shall be paid out of the Consolidated Fund.
Without prejudice to subsection (1) regulations made under that subsection may provide that notwithstanding anything in this Act where a person prior to being a Member was a Member of the Legislative Assembly or Council Negri of a State, the period (continuous or otherwise) during which such person was a Member of the Legislative Assembly or Council Negri may be taken into account for the purpose of calculating the length of his reckonable service.
Any regulations made under this section shall be laid before each House of Parliament.
/ is subject to question on nothing
Nothing in this Act shall affect the provisions of the—
Parliamentary Secretaries (Remuneration) Act, 1965, relating to accident benefits for Members.
MUMBERS OF THE ADMINISTRATION AND MEMBERS OF PARLIAMENT (PENSIONS AND GRATUITIES)
Where a person was a Member on 1st January, 1970 any period (continuous or otherwise) prior to that date but not earlier than 31st August, 1957 may be taken into account for the purpose of calculating the length of his reckonable service.
Section 6 of the Ministers (Remuneration) Ordinance, Repeal. 1957 is hereby repealed.
SANEQULE
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