Malaysia legislation
Section 7
of MEMBERS OF THE ADMINISTRATION AND MEMBERS OF PARLIAMENT (PENSIONS AND GRATUITIES) ACT 1971
Section 7
(a)
on his death while being a Member;
(b)
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;
(c)
where he is a Member, at his option, at the dissolution of a Parliament.
(2)
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.
(3)
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.
(4)
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.
(5)
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.