Malaysia legislation
Section 4
Section 4
(1A)
The amount of derivative pension or derivative retiring allowance to be used as the basis for the first of the adjustments under subsection 3(1)—
Pensions Adjustment 11
(a)
in the case of a recipient who received the derivative pension or derivative retiring allowance before or on 1 January 2012, shall be the amount of derivative pension or derivative retiring allowance which had been adjusted on that date;
(b)
in the case of a recipient who received the derivative pension or derivative retiring allowance on or after 2 January 2012, shall be the amount of derivative pension or derivative retiring allowance which had been granted to the recipient.
(1B)
The adjustment referred to in subsection (1) is subject to any higher percentage of increment which may be made under subsection 3(2).
(2)
The derivative pension or derivative retiring allowance granted under any other written law and adjusted under the subsection 3(1) shall be paid for life if the recipient is —
(a)
a widow of an officer or, in the case of an officer to whom the
Pensions Act 1980 [Act 227] or the Statutory and Local Authorities
Pensions Act 1980 [Act 239] applies, his widow or her widower;
(b)
a child referred to in paragraph (2)(b) of the interpretation of
“child”.
(3)
Notwithstanding subsection (2) and the subsection 3(1), the payment of such derivative pension or derivative retiring allowance after the expiration of the period of twenty years from the date of retirement of an officer or the date immediately following the date of death in service of an officer shall only be made where the recipient —
(a)
if a widow of an officer or, in the case of an officer to whom the
Pensions Act 1980 or the Statutory and Local Authorities Pensions
Act 1980 applies, his widow or her widower, was married to the officer while the officer was still in service;
(b)
if a child or dependent step-child, is a child or dependent step-child of a marriage that had taken place while the officer was still in service;
(c)
if an adopted child, was adopted while the officer was still in service;
12 Laws of Malaysia ACT 238
(d)
if an illegitimate child, was conceived while the officer was still in service.
(4)
For the avoidance of doubt, it is declared that where the marriage to the officer concerned had been contracted after his retirement and his death occurs within a period of twenty years of his retirement, his widow, or a child of that marriage, or both such widow and child, as the case may be, or, in the case of an officer to whom the Pensions Act 1980 or the Statutory and
Local Authorities Pensions Act 1980 applies, his widow, her widower, or a child of that marriage, or both such widow and child, or both such widower and child, as the case may be, shall be entitled to a derivative pension or derivative retiring allowance according to the entitlement of the officer but only for a period which is the difference between the period of twenty years and the period during which the officer had been in retirement; and where the death of the officer occurs after the period of twenty years of his retirement, no derivative pension or derivative retiring allowance whatsoever shall be payable.
(5)
Notwithstanding this section and the subsection 3(1), no payment of such derivative pension or derivative retiring allowance shall be made or, if made, such payment shall cease where the recipient is —
(a)
(Deleted by Act A1169);
(b)
a child, other than a child referred to in paragraph 2(b) of the interpretation of “child” or in paragraph (c), upon marriage or attaining the age of twenty-one years, whichever occurs earlier;
(c)
a child who is receiving education in an institution of higher learning but not beyond education leading to a first degree, upon completing or ceasing to receive such education or upon marriage, whichever occurs earlier.
Grant and adjustment of derivative pensions or derivative retiring allowances for certain dependants under old scheme