Section 2

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

a posthumous child, a dependent step-child and an illegitimate child of the officer; and

who is a child of any age and is mentally retarded or physically and permanently incapacitated and is incapable of supporting himself;

“current salary scale” means the latest salary scale which is, on or after the coming into force of this Act, applicable to officers of the public service and employees of statutory and local authorities to whom the revision of salaries made by the Federal Government with effect from 1 January 1976, or any other subsequent revision thereof made by the Federal Government from time to time, is applicable;

“dependant” means a widow, widower, child, mother or father of a deceased officer;

Pensions Adjustment 7

“Director General” means the Director General of the Public Services;

“last drawn salary” means —

the actual last drawn monthly substantive salary of an officer before his death or retirement; or

where it is to his advantage, in the case of an officer who dies or retires before being confirmed in a second or subsequent appointment which he holds at the time of death or retirement, the last drawn monthly substantive salary of the last appointment in which he had been confirmed prior to his death or retirement, inclusive of any notional increments in salary that he would have been entitled to, in accordance with the service principles applicable to his case, were he to have reverted to that last appointment; or

in the case of a person for the portion of whose service in any of the territories which constitute Malaysia the Federal Government is responsible for the payment of pension or other benefit under any written law, the actual last drawn monthly substantive salary of that person when he so was last in the service of that territory; or

in the case of an officer referred to in regulation 22 of the Pensions

Regulations 1957 [L.N. 233/1957], the last drawn monthly substantive salary of the office for which he opts or may have opted for the purpose of computing his reckonable service under that regulation;

and where such officer or person is or was in receipt of or entitled to receive any pensionable allowance in the public service or in the service of a statutory or local authority or, in the case of a person referred to in paragraph (c), in the service of any of the territories which constitute

Malaysia, the pensionable allowances shall form part of his last drawn salary;

“officer” means an officer of the public service or an employee of any statutory or local authority who, prior to his retirement or death, was serving in Malaysia or in any of the territories which presently constitute Malaysia;

“old scheme” means the appropriate scheme pertaining to the salaries and terms and conditions of service which is applicable to officers of the public service and employees of statutory and local authorities to whom the revision

8 Laws of Malaysia ACT 238

of salaries and terms and conditions of service made by the Federal

Government with effect from 1 January 1976, or any other subsequent revision of salaries, or the terms and conditions of service, or both made by the Federal Government from time to time, is not applicable;

“pension or other benefit” includes pension, retiring allowance, annual allowance, disability pension, injury allowance, derivative pension, derivative retiring allowance and dependant’s pension granted under any other written law and adjusted under this Act, or granted and adjusted under this Act, as the case may be;

“pensionable officer” means an officer who has been emplaced on the pensionable establishment or conferred pensionable status or who on retirement or death is deemed to be pensionable under any written law;

“public service” means —

the judicial and legal service;

the general public service of the Federation;

the police force;

the railway service;

the education service;

the joint public services mentioned in Article 133 of the Federal

Constitution;

the public service of each State;

the Parliamentary Service referred to in the *Parliamentary Service

Act 1963 [Act 394]; and

such other service as the Yang di-Pertuan Agong may by order in the

Gazette determine to be public service for the purposes of this Act;

*NOTE— Parliamentary Service Act 1963 [Act 394] has since been repealed by paragraph 7(d) of Act A837—

see also section 7 for Status of members of Parliamentary Service.

Pensions Adjustment 9

“reckonable service” means any service of an officer in Malaysia or in any of the territories which presently constitute Malaysia which has been used in the computation of the pension or other benefits of the officer on his retirement or of his dependants upon his death;

“retiring allowance” includes an annual allowance paid or payable to an officer on retirement on a non-pensionable appointment;

“statutory or local authority” means a statutory authority or local authority established under any written law relating to a statutory authority or local authority;

“written law” means any written law relating to the pensions and other benefits of officers in the public service or of employees of statutory and local authorities, and of their dependants, and includes this Act.

Adjustment of pensions and other benefits of officers and dependants