Amendment Act · As enacted
Judges' Remuneration (Amendment) Act 2014
Amends the Judges’ Remuneration Act 1971Official textFrom Laws of Malaysia Online, unchanged
This Act may be cited as the Judges’ Remuneration
(Amendment) Act 2014.
Sections 2, 4, 5 and 6 are deemed to have come into operation on 1 January 2014.
Section 3 is deemed to have come into operation on 1 July 2013.
s 2Amendment of section 1a
The Judges’ Remuneration Act 1971 [Act 45], which is referred to as “the principal Act” in this Act, is amended in section 1a by deleting the definition of “corresponding last drawn salary”.
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s 3Amendment of section 8
The principal Act is amended in section 8 by substituting for paragraph (c) the following paragraph:
“(c) resigns from the office of a Judge before attaining the age of sixty years but has held the office of a Judge for a continuous period in the aggregate of not less than five years from the effective date of his appointment as a Judge; or”.
s 4Substitution of section 15b
The principal Act is amended by substituting for section 15b the following section:
“Adjustment of pensions and other benefits of Judges and dependants 15b. (1) Subject to Part III and this Part, pensions and other benefits granted to Judges and their dependants under this Act shall be adjusted annually by an increment of two percent in accordance with the provisions of this Act and shall be paid or be payable with effect from January of each year.
Notwithstanding subsection (1), where the application of the specified rate of increment would result in a situation that is less favourable to a Judge appointed before the coming into operation of this section, the Yang di-Pertuan Agong may, by order in the Gazette, prescribe an appropriate higher percentage to be applied in such case.
For the purpose of an order under subsection (2), the
Yang di-Pertuan Agong may prescribe—
different percentages of increment for different categories of recipients; and
that the higher percentage of increment shall only apply for a specified year or any part thereof, and in such case, the date on which the adjustment shall be payable.
Judges’ Remuneration (Amendment)
Any derivative pension granted under Part III shall be adjusted in accordance with subsection (1).
Any disability pension or dependant’s pension granted under Part III shall be adjusted in accordance with subsection (1)
but the factor applicable shall be the factor applicable under that Part.
Where the factor referred to in subsection (5) changes according to the eligibility of the dependant as specified under that Part, the dependant’s pension shall be adjusted based on the notional salary as determined under subsection (7)
using the new factor applicable under that Part.
The notional salary—
in the case of a dependant who received the dependant’s pension before or on 1 January 2014, shall be the amount of the corresponding last drawn salary received by a Judge on 1 January 2014 which has been calculated with an increment of two percent annually up to the year when the factor changes;
or
in the case of a dependant who received the dependant’s pension on or after 2 January 2014, shall be the amount of the last drawn salary received by a Judge on the date of his death which has been calculated with an increment of two percent annually up to the year when the factor changes.
Where a higher percentage of increment has been prescribed under subsection (2), the increment specified under subsections (3), (4) and (5) shall be calculated using that prescribed higher percentage.
The amount of dependant’s pension adjusted under subsection (6) shall be used as the basis for adjustments under subsection (5) in subsequent years.
For the purpose of this section, “corresponding last drawn salary” means the corresponding last drawn salary which had been adjusted on 1 January 2014 pursuant to this
Act before the coming into operation of this section.”.
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s 5Deletion of Third and Fourth Schedules
The principal Act is amended by deleting the Third and
Fourth Schedules.
Where any Judge or his dependant is eligible for the adjustment of pension or other benefits under the principal Act before 1 January 2014 but the adjustment has not been made before that date, such pension or other benefits shall firstly be adjusted in accordance with the provisions of the principal Act until 31 December 2013 as if the principal Act had not been amended by this Act.
Pensions and other benefits of Judges and their dependants shall, from 1 January 2014, be calculated based on section 15b as amended by this Act and shall be payable from that date.
For any Judge or his dependant whose pension or other benefits have been adjusted in accordance with the principal Act immediately before 1 January 2014, the pension or other benefits shall, from 1 January 2014, be calculated based on section 15b as amended by this Act and shall be payable from that date.
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KUALA LUMPUR