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Amendment Act · As enacted

Statutory and Local Authorities Pensions (Amendment) Act 2011

Amends the Statutory and Local Authorities Pensions Act 1980

Official textFrom Laws of Malaysia Online, unchanged

s 1Short title and commencement

(1)

This Act may be cited as the Statutory and Local Authorities

Pensions (Amendment) Act 2011.

(2)

This Act comes into operation on 1 January 2012.

s 2Amendment of section 5

The Statutory and Local Authorities Pensions Act 1980

[Act 239], which is referred to as “the principal Act” in this

Act, is amended in section 5 by inserting after subsection (2)

the following subsection:

“(3) Any pension, gratuity or other benefit granted to an employee who retires under section 11 shall be computed in accordance with the regulations where the total period of his reckonable service shall be counted as if he had served until his compulsory age of retirement, whichever is applicable to him.”.

s 3Amendment of section 6a

Section 6a of the principal Act is amended—

(a)

in subsection (5), by substituting for the words “fifty-eight” the word “sixty”;

(b)

in subsection (5a), by substituting for the words “1 July 2008” and “fifty-eight” the words “1 January 2012” and

“sixty” respectively;

(c)

in subsection (5b)—

(i)

by substituting for the words “fifty-eight” and

“1 July 2008” the words “sixty” and “1 January 2012” respectively; and

(ii)

by inserting after the words “fifty-six years” the words “or fifty-eight years”; and

(d)

in subsection (5c), by substituting for the words “fifty-eight” the word “sixty”.

s 4Amendment of section 10

Section 10 of the principal Act is amended—

(a)

in subsection (1), by substituting for the words “fifty-eight” the word “sixty”;

(b)

in subsections (3) and (4), by substituting for the words

“or fifty-eight” the words “, fifty-eight or sixty”;

(c)

in subsection (7), by substituting for the words “fifty-eight” and “1 July 2008” the words “sixty” and

“1 January 2012” respectively;

(d)

in subsection (8), by substituting for the words “fifty-eight” and ”1 July 2008”, wherever they appear, the words “sixty” and “1 January 2012” respectively; and

(e)

in subsection (9), by substituting for the words “fifty-eight” the word “sixty”.

Statutory and Local Authorities

Pensions (Amendment)

s 5Amendment of section 12

Section 12 of the principal Act is amended—

(a)

in subsection (3), by substituting for the words “fifty-eight” the words “fifty-five”;

(b)

by deleting subsection (3b); and

(c)

in subsection (4), by substituting for the words “, fifty-five years of age, fifty-six years of age or fifty-eight years of age” the words “or fifty-five years of age”.

s 6Amendment of section 13

Section 13 of the principal Act is amended—

(a)

in subsection (2), by substituting for the words “fifty-eight” the word “sixty”; and

(b)

by substituting for subsection (2a) the following subsection:

“(2a) Where an employee referred to in subsection (2)

who was appointed before 1 January 2012 had been given an option before such date and had not opted for the compulsory age of retirement of sixty years, subsection (2) shall apply to him with the words ‘fifty-five’ or ‘fifty-six’ or ‘fifty-eight’, as the case may be, being substituted for the word ‘sixty’.”.

s 7Amendment of section 16

Section 16 of the principal Act is amended—

(a)

in paragraph (1)(b), by substituting for the words “twelve and a half years”, wherever they appear, the words

“twenty years”; and

(b)

in subsection (2), by deleting the words “22 or”.

s 8Amendment of section 21

Section 21 of the principal Act is amended—

(a)

by deleting the word “or” at the end of paragraph (a);

(b)

by substituting for the full stop at the end of paragraph (b)

the words “; or”; and

(c)

by inserting after paragraph (b) the following paragraph:

“(c) an order of a court issued in relation to bankruptcy matters under any written law relating to it.”.

s 9Deletion of section 22

The principal Act is amended by deleting section 22.

s 10Amendment of section 26

Section 26 of the principal Act is amended—

(a)

in subsection (2), by substituting for the words “fifty-eight” the word “sixty”;

(b)

by substituting for subsection (2a) the following subsection:

“(2a) Where an employee referred to in subsection (2)

who was reappointed before 1 January 2012 had been given an option before such date and had not opted for the compulsory age of retirement of sixty years, subsection (2) shall apply to him with the words ‘fifty-five’ or ‘fifty-six’ or ‘fifty-eight’, as the case may be, being substituted for the word ‘sixty’.”.

s 11Savings and transitional

(1)

The amendments in paragraphs 5(a) and (b) of this Act shall not affect the grant of a pension to an employee who before 1 January 2012—

(a)

has optionally retired;

Statutory and Local Authorities

Pensions (Amendment)

(b)

has exceeded the age of fifty-five years; and

(c)

has attained his compulsory age of retirement.

(2)

The grant of a pension to an employee who before 1 January 2012—

(a)

has optionally retired;

(b)

has exceeded the age of fifty-five years; but

(c)

has not attained his compulsory age of retirement, shall only be made from 1 January 2012.

(3)

The payment of derivative pension or derivative retiring allowance in consequence of the amendments made under section 7 of this Act to any person prescribed in the regulations, if the period of twelve and a half years has expired before 1 January 2012, shall be dealt with as follows:

(a)

the period of twenty years shall be calculated from the date of the retirement of the officer;

(b)

the persons shall not be entitled to the payment of derivative pension or derivative retiring allowance for the period after the expiration of twelve and a half years until 31 December 2011; and

(c)

the payment of derivative pension or derivative retiring allowance shall only be made from 1 January 2012.

KUALA LUMPUR