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Tabung Angkatan Tentera (Amendment) Act 2016

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Enacted
2016
Sections
13
Languages
MS · EN

Tabung Angkatan Tentera (Amendment) Act 2016 is Malaysia Amendment Act, cited as Amendment Act A1506 2016, currently marked in force and first recorded in 2016.

Front matterCover and publication detailsOpen

1

TABUNG ANGKATAN TENTERA (AMENDMENT)

ACT 2016

Date of Royal Assent

...

...

2 March 2016

Date of publication in the

Gazette

...

...

...

7 March 2016

Publisher’s Copyright C

(Appointed Printer to the Government of Malaysia).

Tabung Angkatan Tentera (Amendment)

3

TABUNG ANGKATAN TENTERA (AMENDMENT)

ACT 2016

Opening note

Preamble

  1. An Act to amend the Tabung Angkatan Tentera Act 1973. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement
(1)

This Act may be cited as the Tabung Angkatan Tentera

(Amendment) Act 2016.

(2)

Section 2, paragraph 4(c), sections 5 and 6, paragraph 7(a)

and sections 9 and 11 come into operation on 1 January 2016.

Amendment of section 3

The Tabung Angkatan Tentera Act 1973 [Act 101], which is referred to as the “principal Act” in this Act, is amended in section 3 by inserting after subparagraph (3)(a)(i) the following subparagraph:

“(ia)  officers who contribute to the Tabung;”.

Amendment of section 6

Subsection 6(2) of the principal Act is amended by deleting paragraph (b).

Amendment of section 9

Section 9 of the principal Act is amended—

(a)

in the shoulder note, by inserting after the words

“Compulsory contributions” the words “of servicemen”;

(b)

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

Regular Forces (Pensions, Gratuities and Other Grants)

Regulations 1979 [P.U. (A) 77/1979]” the words “any law for the time being in force relating to pension, gratuity or other benefits applicable to regular forces”; and

(c)

by inserting after subsection (4) the following subsection:

“(5)  Where a serviceman is promoted to an officer, the deduction of his salary under subsection (1)

shall cease and shall continue under section 9a.”.

New section 9a

The principal Act is amended by inserting after section 9 the following section:

“Compulsory contributions of officers to the Tabung 9a.  (1)  There shall be deducted from the monthly salary of an officer an amount equal to ten per centum of his monthly salary calculated to the nearest five sen as his contribution to the Tabung and the amount of the contribution shall be credited to the account of the officer.

(2)

In respect of every contribution made under subsection (1), there shall be recorded a notional contribution to the Tabung from the Consolidated Fund to the credit of the officer’s account an amount equal to fifteen per centum of his monthly salary, calculated to the nearest five sen.

(3)

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 shall, upon completion of his service, be paid the following amount:

(a)

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

Tabung Angkatan Tentera (Amendment)

(b)

the value of the contribution from the Consolidated

Fund that has been recorded in accordance with subsection (2); and

(c)

the notional contribution by the Government that ought to be paid to the officer for the duration of the contribution.

(4)

An officer who contributes under subsection (1) who has completed less than twenty years of service and has elected to be paid terminal gratuity shall, upon completion of his service, be paid the value of his contribution to the Tabung and the dividend for the duration of such contribution.

(5)

An officer who qualifies for pension but completes his service in any duration after twenty years until he attains the age of compulsory retirement shall, upon completion of his service be paid the value of his contribution to the Tabung for the whole period of his service and the dividend for the duration of his contribution.

(6)

Payment under subsection (3) shall be made notwithstanding that the officer is granted a disability pension or disability gratuity pursuant to the provisions of any written law for the time being in force relating to pension, gratuity, or other grants or benefits applicable to regular forces.

(7)

Where an officer who contributes under subsection (1)

has completed twenty-five years of service or has attained the age of compulsory retirement, whichever is earlier, the deduction of his monthly salary shall cease and the notional contribution to the Tabung from the Consolidated Fund under subsection (2) shall cease to be recorded.”.

Amendment of section 10

Section 10 of the principal Act is amended—

(a)

in subsection (1), by inserting after the word “9” the words “or 9a”; and

(b)

in subsection (2), by substituting for the words

“Subsection 9(2)” the words “Subsections 9(2) and 9a(2)

and section 12”.

Amendment of section 12

Section 12 of the principal Act is amended—

(i)

by substituting for the words “section 9” the words “sections 9 and 9a”; and

(ii)

in paragraph (c), by inserting after the words “fifty years” the words “and where the contributor is an officer on the officer attaining the age of compulsory retirement”; and

(b)

in subsection (2), by inserting after the words “thereon a dwelling house” the words “or any other purpose as may be determined by the Lembaga”.

New section 12a

The principal Act is amended by inserting after section 12

the following section:

“Lembaga to determine terms and conditions of withdrawal, etc.

Quoted provision

Section 12a

The Lembaga, with the approval of the Minister, shall determine the terms and conditions for the withdrawal of amounts from the Tabung, the percentages of the contributor’s contribution which may be withdrawn and any other matters incidental to such withdrawal.”.

Amendment of section 13

Section 13 of the principal Act is amended in paragraph (b)

by inserting after the words “9(2)” the words “or 9a(2)”.

Amendment of section 14

Section 14 of the principal Act is amended by inserting after the words “approval of the” the words “Minister and the”.

Tabung Angkatan Tentera (Amendment)

7

Amendment of section 15c

Subsection 15c(2) of the principal Act is amended by inserting after the words “sections 9” the words “, 9a”.

Amendment of section 22

Section 22 of the principal Act is amended by deleting paragraph (gb).

Saving and transitional provisions

(1)

Section 9a of the principal Act as introduced by section 5

of this Act shall not apply to an officer who is commissioned prior to 1 January 2016 unless such officer has elected to contribute under the said section 9a within such time as may be determined by the Lembaga.

(2)

An officer who has made voluntary contributions under section 10 of the principal Act prior to 1 January 2016 may, on or after 1 January 2016, continue to contribute under the said section 10 or elect to contribute under section 9a of the principal

Act, as introduced by section 5 of this Act, within such time as may be determined by the Lembaga.

(3)

Where an officer referred to in subsection (2) has elected to contribute under section 9a, the deductions of his salary under section 10 of the principal Act shall cease.

(4)

An officer referred to in subsection (2) who has elected to not contribute under section 9a and does not continue his contribution under section 10 may apply for the withdrawal of any amount standing to the credit of his account within such time as may be determined by the Lembaga.

(5)

On the date of coming into operation of section 12 of this

Act, any regulations made under paragraph 22(gb) of the principal

Act before the date of coming into operation of section 12 of this

Act shall continue to remain in full force and effect, and for such purpose it shall be treated as if paragraph 22(gb) of the principal

Act had not been deleted, until the Lembaga exercises its powers under section 12a of the principal Act upon which the Lembaga with the approval of the Minister shall revoke such regulations.

KUALA LUMPUR

Common questions

What is Tabung Angkatan Tentera (Amendment) Act 2016?
Tabung Angkatan Tentera (Amendment) Act 2016 is Malaysia Amendment Act, cited as Amendment Act A1506 2016, currently marked in force and first recorded in 2016.
Is Tabung Angkatan Tentera (Amendment) Act 2016 still in force?
Yes — Tabung Angkatan Tentera (Amendment) Act 2016 is currently in force.
When did Tabung Angkatan Tentera (Amendment) Act 2016 take effect?
Tabung Angkatan Tentera (Amendment) Act 2016 was first recorded in 2016.
How many sections does Tabung Angkatan Tentera (Amendment) Act 2016 have?
Tabung Angkatan Tentera (Amendment) Act 2016 contains 14 sections.
Where can I read the official version of Tabung Angkatan Tentera (Amendment) Act 2016?
The official text of Tabung Angkatan Tentera (Amendment) Act 2016 is published at lom.agc.gov.my.

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