Malaysia legislation
Section 5
Section 5
(a)
in service under the old scheme and —
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(i)
he had been or has been confirmed in his appointment and emplaced on the pensionable establishment; or
(ii)
he would have been entitled on retirement to an annual allowance, also called a retiring allowance; or
(b)
in retirement under the old scheme and he was in receipt of or would have been entitled to receive a pension or an annual allowance, also called a retiring allowance, in accordance with the written law or the terms and conditions of service applicable to his case, his widow or child, or both widow and child, if not in receipt of or not entitled to receive any derivative pension or derivative retiring allowance under any other written law, shall, upon the coming into force of this Act, be granted a derivative pension or derivative retiring allowance according to the eligibility or entitlement of the officer to a pension or an annual allowance, also called a retiring allowance.
(2)
The derivative pension or derivative retiring allowance granted under subsection (1) shall be adjusted in accordance with subsection 3(1).
(2A)
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)
shall be the amount of derivative pension or derivative retiring allowance which had been adjusted until 31 December 2012.
(2B)
Notwithstanding subsection (2A), where a dependant is eligible to be granted a derivative pension or derivative retiring allowance under subsection (1) but has not been paid such derivative pension or derivative retiring allowance as at 1 January 2013, the adjustment of the derivative pension or other benefits shall first be made until 31 December 2012 in accordance with this section and other related provisions which were in operation before 1 January 2013 before it is adjusted in accordance with subsection 3(1).
(2C)
The adjustment referred to in subsection (2) is subject to any higher percentage of increment which may be made under subsection 3(2).
(3)
The derivative pension or derivative retiring allowance granted under subsection (1) and adjusted under this Act shall be paid for life if the recipient is —
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(a)
a widow of an officer referred to in paragraph (1)(a) or (b);
(b)
a child referred to in paragraph 2(b) of the interpretation of “child”.
(4)
Notwithstanding subsection (3) 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, 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;
(d)
if an illegitimate child, was conceived while the officer was still in service.
(5)
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, 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.
(6)
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;
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(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.
(7)
A derivative pension or a derivative retiring allowance granted and adjusted under this Act shall be paid or be payable in such proportion as the
Yang di-Pertuan Agong thinks fit and such derivative pension or derivative retiring allowance may be reapportioned among other eligible recipients whenever a recipient dies or ceases to be eligible for such payment.