Section 1
(2)
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Amendment of section 2
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EMPLOYEES' SOCIAL SECURITY (AMENDMENT) ACT 2012 is Malaysia Amendment Act, cited as Amendment Act A1445 2012, currently marked in force and first recorded in 2012.
Opening note
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Amendment of section 2
The Employees’ Social Security Act 1969 [Act 4], which is referred to as the “principal Act” in this Act, is amended in subsection 2(5)—
by substituting for the comma at the end of subparagraph (iii)
a semicolon; and
by deleting the words “but does not include a person of the descriptions specified in the First Schedule;”.
employees’ social security (amendment)
Act 2012
Amendment of section 3
Section 3 of the principal Act is amended by inserting after subsection (2) the following subsections:
“(3) This Act shall not apply to persons described in the
First Schedule.
The Minister may, by order published in the Gazette, amend the First Schedule.”.
General amendment
Sections 15, 20a and 29 of the principal Act are amended by substituting for the word “55” wherever appearing the word
“sixty”.
Amendment of section 17
Subsection 17(1) of the principal Act is amended by substituting for the words “completed his fifty-fifth year of age” the words
“attained sixty years of age”.
Amendment of section 21
Subsection 21(3) of the principal Act is amended by substituting for the words “completed his fifty-fifth year of age” the words
“attained sixty years of age”.
Amendment of section 30
The rate of constant-attendance allowance to be prescribed under section 30 of the principal Act as amended in subsection
shall not cause a less favourable situation to insured persons
Employees’ Social Security (Amendment)
5
who have been entitled to the constant-attendance allowance at the rate equivalent to forty per cent of the rate of such pension or benefit or at any higher rate as prescribed by the Minister pursuant to section 30 before the coming into operation of the amendment of section 30 of the principal Act in subsection (1).
Amendment of section 57a
Paragraph 57a(c) of the principal Act is amended by substituting for the word “fifty-five” the word “sixty”.
New section 112a
The principal Act is amended by inserting after section 112
the following section:
“Electronic submission of documents 112a. (1) Subject to subsection (2), the Organization may allow any returns, statements, particulars, records, notice, reports, register or other documents required to be submitted or furnished under this Act or regulations made under this
Act by an electronic medium or by way of an electronic transmission.
The conditions and specifications under which the returns, statements, particulars, records, notice, reports, register or other documents referred to in subsection (1) are to be submitted or furnished shall be as determined by the
Organization.
The returns, statements, particulars, records, notice, reports, register or other documents referred to in subsection
shall be deemed to have been submitted or furnished by a person to the Organization on the date the acknowledgment of receipt of such documents is transmitted electronically by the Organization to the person.
The acknowledgment of receipt by the Organization, returns, statements, particulars, records, notice, reports, register or other documents submitted or furnished pursuant to subsection (3) shall be admissible as evidence in any proceedings.”.
Amendment of First Schedule
The First Schedule to the principal Act is amended—
by substituting for the words “[Section 2]” appearing in the heading of the First Schedule the words
“[Section 3]”;
in subparagraph 12(i), by substituting for the word “fifty”
wherever appearing the word “fifty-five”;
in subparagraph 12(ii), by substituting for the word
“fifty-five” the word “sixty”; and
The Eighth Schedule to the principal Act is amended in paragraphs 2, 3 and 6 by substituting for the word “fifty-five”
wherever appearing the word “sixty”.
Effect of increasing the eligible age limit of insured person from fifty-five years to sixty years
Subject to the principal Act, on the appointed date—
an insured person who has attained fifty-five years of age but has not attained sixty years of age may be eligible for invalidity pension except in the circumstances under subsections (3) and (4);
any dependant of an insured person who dies upon attaining any age from fifty-five to sixty years may be eligible for survivors’ pension except in the circumstances under subsections (5) and (6);
there shall be made payable in respect of the insured person referred to in paragraph (a) contributions of the second category at the rates specified in the Third
Schedule to the principal Act; and
Employees’ Social Security (Amendment)
there shall be made payable in respect of an insured person who has not attained fifty-five years of age contributions of the first category at the rates specified in the Third
Schedule to the principal Act.
An insured person in respect of whom contributions of the first category were payable shall not be eligible for invalidity pension if—
he is certified to be invalid upon attaining fifty-five years of age before the appointed date; or
he is certified to be invalid upon attaining sixty years of age either on or after the appointed date.
An insured person shall not be eligible to invalidity pension if he is certified to be invalid upon attaining fifty-five years of age either on or after the appointed date, and he is employed only upon attaining fifty years of age and where no contributions of the first category were payable in his respect.
A dependant of an insured person in respect of whom contributions of the first category were payable shall not be eligible for survivors’ pension if—
the insured person dies upon attaining fifty-five years of age before the appointed date; or
the insured person dies upon attaining sixty years of age either on or after the appointed date.
A dependant of an insured person shall not be eligible for survivors’ pension if—
the insured person dies upon attaining fifty-five years of age either on or after the appointed date; and
the insured person is employed only upon attaining fifty years of age and where no contributions of the first category were payable in his respect.