/akn/my/act/amendment_act/2013/A1447
PENSIONS ADJUSTMENT (AMENDMENT) ACT 2013
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- Type
- Amendment Act
- Status
- In force
- Enacted
- 2013
- Sections
- 16
- Languages
- MS · EN
Quick answer
About this amendment act
PENSIONS ADJUSTMENT (AMENDMENT) ACT 2013 is Malaysia Amendment Act, cited as Amendment Act A1447 2013, currently marked in force and first recorded in 2013.
Opening note
Preamble
- An Act to amend the Pensions Adjustment Act 1980. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement
Section 2
The Pensions Adjustment Act 1980 [Act 238], which is referred to as the “principal Act” in this Act, is amended in section 2 by deleting the definition of “corresponding last drawn salary”.
Section 3
Substitution of section 3
(2)
Notwithstanding subsection (1), where the application of the specified rate of increment would result in a situation that is less favourable to an officer appointed before the coming into force of this section, the Yang di-Pertuan Agong may by order in the Gazette prescribe an appropriate higher percentage of increment to be applied in such case.
(3)
For the purpose of an order under subsection (2), the
Yang di-Pertuan Agong may prescribe—
(b)
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.”.
New sections 3a and 3b
Section 4
The principal Act is amended by inserting after section 3 the following sections:
“Adjustment of pensions, disability pensions, retiring allowances or injury allowances 3a. (1) Pensions, disability pensions, retiring allowances or injury allowances received by an officer under any written law shall be adjusted in accordance with subsection 3(1).
(2)
The amount of pension, disability pension, retiring allowance or injury allowance to be used as the basis for the first of the adjustments under subsection 3(1)—
(a)
in the case of an officer who retired before or on 1 January 2012, shall be the amount of pension, disability pension, retiring allowance or injury allowance which had been adjusted on that date;
(b)
in the case of an officer who retired on or after 2 January 2012, shall be the amount of pension, disability pension, retiring allowance or injury allowance which had been granted to the officer.
(3)
The adjustment referred to in subsection (1) is subject to any higher percentage of increment which may be made under subsection 3(2).
Adjustment of lowest pensions and other benefits 3b. Where an officer is receiving the lowest amount of pension or other benefit payable pursuant to section 8, the said lowest amount shall be used as the basis for the first of the adjustments under subsection 3(1).”.
Amendment of section 4
Section 5
Pensions Adjustment (Amendment)
(a)
by substituting for subsection (1) the following subsection:
“(1) Any derivative pension or derivative retiring allowance received under any other written law shall be adjusted in accordance with subsection 3(1).”;
(b)
by inserting after subsection (1) the following subsections:
“(1a) 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)—
(a)
in the case of a recipient who received the derivative pension or derivative retiring allowance before or on 1 January 2012, shall be the amount of derivative pension or derivative retiring allowance which had been adjusted on that date;
(b)
in the case of a recipient who received the derivative pension or derivative retiring allowance on or after 2 January 2012, shall be the amount of derivative pension or derivative retiring allowance which had been granted to the recipient.
(1b)
The adjustment referred to in subsection (1) is subject to any higher percentage of increment which may be made under subsection 3(2).”; and
(c)
in subsections (2), (3) and (5), by substituting for the words “the Second Schedule” wherever they appear the words “subsection 3(1)”.
Amendment of section 5
Section 6
Section 5 of the principal Act is amended—
(a)
by substituting for subsection (2) the following subsection:
“(2) The derivative pension or derivative retiring allowance granted under subsection (1) shall be adjusted in accordance with subsection 3(1).”;
(b)
by inserting after subsection (2) the following subsections:
“(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
Pensions Adjustment (Amendment)
7
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).”; and
(c)
in subsections (4) and (6), by substituting for the words
“the Second Schedule” wherever they appear the words
“subsection 3(1)”.
Deletion of section 6
Section 7
The principal Act is amended by deleting section 6.
Section 8
Amendment of section 8
Subsection 8(1) of the principal Act is amended by substituting for the words “the Schedules” the words “subsection 3(1)”.
Section 9
Deletion of section 9
The principal Act is amended by deleting section 9.
Section 10
Substitution of section 10
The principal Act is amended by substituting for section 10
the following section:
“Adjustment of dependant’s pension
(2)
Where the factor referred to in subsection (1) changes according to the eligibility of the dependant as specified under that written law, the dependant’s pension shall be adjusted based on the notional salary as determined under subsection (3)
using the new factor applicable under that written law.
(3)
The notional salary—
(a)
in the case of a dependant who received the dependant’s pension before or on 1 January 2012, shall be the amount of the corresponding last drawn salary received by an officer on 1 January 2012 which has been calculated with an increment of two percent annually up to the year when the factor changes;
(b)
in the case of a dependant who received the dependant’s pension on or after 2 January 2012, shall be the amount of the last drawn salary received by an officer 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.
(4)
Where a higher percentage of increment has been prescribed under subsection 3(2), the increment specified under subsection (3) shall be calculated using that prescribed higher percentage.
(5)
The amount of dependant’s pension adjusted under subsection (2) shall be used as the basis for adjustments under subsection (1) in subsequent years.
(6)
The adjustment referred to in subsection (1) is subject to any higher percentage of increment which may be made under subsection 3(2).
(7)
For the purpose of this section, “corresponding last drawn salary” means the corresponding last drawn salary which had been adjusted on 1 January 2012 pursuant to this Act before the coming into force of this section.”.
Pensions Adjustment (Amendment)
9
New section 10a
Section 11
The principal Act is amended by inserting after section 10
the following section:
“Amendment of maximum reckonable service 10a. (1) Where the maximum reckonable service under any written law is amended, the adjustment in accordance with subsection 3(1) to the pension or other benefits shall be modified accordingly and shall be based on the amount of the pension or other benefits calculated based on the notional salary as determined by the Director General through the formula prescribed under the written law.
(2)
In determining the calculation of the notional salary for the purpose of subsection (1), the Director General may use the calculation of notional salary as specified in subsection 10(3)
with necessary modifications.”.
Amendment of section 11
Section 12
Section 11 of the principal Act is amended by substituting for the words “sections 9” the words “sections 3a”.
Section 13
Deletion of First and Second Schedules
The principal Act is amended by deleting the First and Second
Schedules.
Section 14
Saving and transitional
(2)
Pensions and other benefits of officers and their dependants shall, from 1 January 2013, be calculated based on subsection 3(1)
as amended by this Act and shall be payable from that date.
(3)
For any officer or his dependant whose pension or other benefits have been adjusted in accordance with the principal Act immediately before 1 January 2013, the pension or other benefits shall, from 1 January 2013, be calculated based on subsection 3(1)
as amended by this Act and shall be payable from that date.
KUALA LUMPUR
Common questions
- What is AKTA PENYELARASAN PENCEN (PINDAAN) 2013?
- PENSIONS ADJUSTMENT (AMENDMENT) ACT 2013 is Malaysia Amendment Act, cited as Amendment Act A1447 2013, currently marked in force and first recorded in 2013.
- Is AKTA PENYELARASAN PENCEN (PINDAAN) 2013 still in force?
- Yes — AKTA PENYELARASAN PENCEN (PINDAAN) 2013 is currently in force.
- When did AKTA PENYELARASAN PENCEN (PINDAAN) 2013 take effect?
- AKTA PENYELARASAN PENCEN (PINDAAN) 2013 was first recorded in 2013.
- How many sections does AKTA PENYELARASAN PENCEN (PINDAAN) 2013 have?
- AKTA PENYELARASAN PENCEN (PINDAAN) 2013 contains 14 sections.
- Where can I read the official version of AKTA PENYELARASAN PENCEN (PINDAAN) 2013?
- The official text of AKTA PENYELARASAN PENCEN (PINDAAN) 2013 is published at lom.agc.gov.my.