Judges' Remuneration (Amendment) Act 2011

This Act may be cited as the Judges’ Remuneration

Sections 2, 3, 5, 6 and 7 are deemed to have come into operation on 1 January 2009.

Section 4 is deemed to have come into operation on 28 August 2008.

The Judges’ Remuneration Act 1971 [Act 45], which is referred to as the “principal Act” in this Act, is amended in the proviso of section 4 by substituting for the words “1/2” the words “3/5”.

Subsection 5(1) of the principal Act is amended by substituting for the figures “15” the figures “18”.

The principal Act is amended by substituting for section 7a the following section:

“Period of service as Judicial Commissioner 7a.  (1)  For the purpose of computing a Judge’s pension and gratuity under this Act, the period of his service as a

Judicial Commissioner immediately before his appointment as a Judge shall be counted as part of his period of service as a Judge.

Subsection (1) shall apply to a Judge who is still in service or has retired from service before the commencement of this section.

Notwithstanding subsection (1), where any pension or gratuity has been paid to a Judge under any other law for the same period as the period which shall be counted as part of his period of service as a Judge, his pension and gratuity under this Act shall be reduced by the amount so paid.”.

The principal Act is amended by substituting for section 9

Notwithstanding anything in this Act but subject to section 8, a person holding the office of Chief Justice, President or

Chief Judge shall be entitled to maximum pension if he has held either office or all the offices for a period in the aggregate of not less than three years.”.

Judges’ Remuneration (Amendment)

The amendment in subsection (1) shall apply to a Judge who is still in service or has retired from service before the commencement of this section.

The Third Schedule and the Fourth Schedule to the principal

Act are amended by substituting for the figures “180” appearing in the column “Formula” the figures “216”.

The grant of pension or derivative pension in respect of a Judge who retires before 1 January 2009 or dies before 31 December 2008 shall be based on the principal Act as if it has not been amended by this Act, and such grant of pension or derivative pension shall be based on the amendments made to the principal

Act by this Act only from 1 January 2009 and shall be payable from that date.

KUALA LUMPUR