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Amendment Act · As enacted

Tabung Angkatan Tentera (Amendment) Act 2017

Amends the Tabung Angkatan Tentera Act 1973

Official textFrom Laws of Malaysia Online, unchanged

s 1Short title and commencement

(1)

This Act may be cited as the Tabung Angkatan Tentera

(Amendment) Act 2017.

(2)

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

s 2Amendment of section 2

The Tabung Angkatan Tentera Act 1973 [Act 101], which is referred to as the “principal Act” in this Act, is amended in section 2—

(a)

by deleting the definition of “the scheme”; and

(b)

by inserting after the definition of “unit trust benefit” the following definition:

‘ “veteran annuity scheme” means the scheme established under section 15d for the payments of annuities;’.

s 3Amendment of section 3

Section 3 of the principal Act is amended—

(a)

in paragraph (1)(a), by inserting after the words “(3)(a)”

the words “, and the veteran annuity scheme for the benefit of the persons specified under paragraph (3)(aa)”;

(b)

in subsection (2)—

(i)

by renumbering the existing paragraphs (bb) and

(bc)

as paragraphs (bc) and (bd) respectively;

(ii)

by inserting after paragraph (ba) the following paragraph:

“(bb) payments of annuities pursuant to the veteran annuity scheme;”; and

(iii)

in paragraph (bd) as renumbered, by substituting for the words “paragraph (bb)” the words

“paragraph (bc)”;

(c)

in subsection (3), by inserting after subparagraph (a)(iii)

the following paragraph:

“(aa) benefits under the veteran annuity scheme shall be given to the servicemen referred to in paragraph 15d(1)(a) and officers referred to in paragraph 15d(1)(b); and”; and

(d)

in subsection (4), by substituting for the words “(2)(bb)

and (bc)” the words “(2)(bc) and (bd)”.

s 4Amendment of section 9

Section 9 of the principal Act is amended by substituting for subsection (3) the following subsection:

“(3) Where a serviceman qualifies for pension—

(a)

the deduction of his salary under subsection (1)

shall continue to be made until he is discharged from service with the regular forces of Malaysia;

(b)

the payment under subsection (2) shall cease to be made in respect of the contribution made under paragraph (a); and

Tabung Angkatan Tentera (Amendment)

(c)

all payments made under subsection (2) which are still standing to the credit of the serviceman’s account shall be withdrawn and credited into the

Consolidated Fund.”.

s 5Amendment of section 9a

Section 9a of the principal Act is amended—

(a)

in subsection (3)—

(i)

in the English language text, by substituting for the word “not” the word “neither”;

(ii)

by inserting after the words “terminal gratuity” the words “nor elected to participate in the veteran annuity scheme”;

(iii)

in paragraph (a), by inserting after the semi colon at the end of the paragraph the word “and”;

(iv)

in paragraph (b), by substituting for the words

“; and” at the end of the paragraph a full stop; and

(v)

by deleting paragraph (c); and

(b)

by inserting after subsection (3) the following subsection:

“(3a)

An officer who contributes under subsection (1)

who has completed less than twenty years of service and has not elected to be paid terminal gratuity but elects to participate in the veteran annuity scheme shall, upon the completion of his service, be paid the value of his contribution to the Tabung and the dividend for the duration of the contribution, and the value of the contribution from the Consolidated Fund that has been recorded in accordance with subsection (2)

shall be paid into the Tabung to the credit of such officer’s account.”.

s 6Amendment of section 11

Section 11 of the principal Act is amended in paragraph (2)(ba)

by inserting after the word “scheme” wherever appearing the words “established under section 15a”.

s 7Amendment of section 12

Section 12 of the principal Act is amended—

(a)

in subsection (1), by substituting for the word “subsection”

the words “subsections (1a) and”; and

(b)

by inserting after subsection (1) the following subsection:

“(1a) Where the withdrawal under paragraph (1)(b)

or (c) is made by a serviceman referred to in paragraph 15d(1)(a) or an officer referred to in paragraph 15d(1)(b)—

(a)

the withdrawal shall only apply to—

(i)

in respect of a serviceman—

(A)

his contribution to the Tabung and the dividend for the duration of the contribution;

and

(B)

the dividend for the payments made under subsection 9(2)

but excluding the dividend for the year immediately preceding the discharge of the serviceman from service with the regular forces of

Malaysia; or

(ii)

in respect of an officer, his contribution to the Tabung and the dividend for the duration of the contribution; and

(b)

the remaining amount standing to the credit of the serviceman’s or officer’s account under this Act may only be withdrawn on the death of the serviceman or officer, as the case may be, or in the circumstances as may be approved by the Lembaga.”.

Tabung Angkatan Tentera (Amendment)

s 8New section 15d

The principal Act is amended by inserting after section 15c the following section:

“Establishment of veteran annuity scheme 15d. (1) There shall be established a scheme to be known as the veteran annuity scheme for the payments of annuities to—

(a)

a serviceman who fulfills the following conditions:

(i)

he has been discharged from service with the regular forces of Malaysia except on the ground of misconduct; and

(ii)

he is not qualified for pension; and

(b)

an officer who fulfills the following conditions:

(i)

he has completed less than twenty years of service and has not been terminated on the ground of misconduct;

(ii)

he has not elected to be paid terminal gratuity;

and

(iii)

he has elected to participate in the veteran annuity scheme.

(2)

The annuities shall be paid on a monthly basis in such quantum as may be determined by the Lembaga from the annual profit declared on—

(a)

the payment credited under subsection 9(2) to the account of a serviceman referred to in paragraph (1)(a); or

(b)

the value of the contribution from the Consolidated

Fund recorded in accordance with subsection 9a(2)

and paid into the Tabung to the credit of the account of the officer referred to in paragraph (1)(b).

(3)

The payments of annuities under subsection (2)

shall cease to be payable if the amount referred to in paragraph (2)(a) or (b), as the case may be, is withdrawn under paragraph 12(1a)(b).

(4)

The contribution to the credit of a serviceman referred to in paragraph (1)(a) and an officer referred to in paragraph (1)(b) shall not be reckoned for the purposes of section 15c.”.

s 9Amendment of section 22

Section 22 of the principal Act is amended—

(a)

by renumbering the existing paragraph (aa) as paragraph (ab); and

(b)

by inserting after paragraph (a) the following paragraph:

“(aa) matters relating to the implementation of the veteran annuity scheme including the manner of payments of annuities and the provision for the nomination of person to receive any amount standing to the credit of the account of a serviceman or an officer in the event of his death;”.

s 10Saving provision

This Act shall not apply to servicemen who, on the date of the coming into operation of this Act, are still serving in the regular forces of Malaysia and have not elected to participate in the veteran annuity scheme, and the provisions of the principal

Act in force immediately before the coming into operation of this Act shall apply to the servicemen as if this Act had not been enacted.

KUALA LUMPUR