/akn/my/act/amendment_act/2016/A1508

EMPLOYEES' SOCIAL SECURITY (AMENDMENT) ACT 2016

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Type
Amendment Act
Status
In force
Enacted
2016
Sections
12
Languages
MS · EN

Quick answer

About this amendment act

EMPLOYEES' SOCIAL SECURITY (AMENDMENT) ACT 2016 is Malaysia Amendment Act, cited as Amendment Act A1508 2016, currently marked in force and first recorded in 2016.

Opening note

Preamble

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  1. An Act to amend the Employees’ Social Security Act 1969. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement

Section 2

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The Employees’ Social Security Act 1969 [Act 4], which is referred to as the “principal Act” in this Act, is amended in section 5—

(a)

by renumbering the existing section as subsection (1);

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(b)

in subsection (1) as renumbered, by inserting after the word “applies” the words “irrespective of the amount of wages”; and

EMPLOYEES’ SOCIAL SECURITY

(AMENDMENT) ACT 2016

4

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(c)

by inserting after subsection (1) as renumbered the following subsection:

“(2)  Notwithstanding subsection (1), if the wages of an employee at any time exceed four thousand ringgit a month, his wages shall for the purposes of this Act be deemed to be four thousand ringgit a month.”.

Amendment of section 58

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Section 3

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Section 58 of the principal Act is amended by inserting after subsection (1) the following subsection:

“(1a)  The Organization may administer any other social security scheme if the administration of such scheme is conferred upon the Organization by any written law.”.

Section 4

Amendment of section 71

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Section 71 of the principal Act is amended by inserting after subparagraph (ii) the following subparagraph:

“(iia) establishment or taking over of a company under section 74a and its maintenance;”.

Section 5

Amendment of section 72a

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(a)

in the shoulder note, by inserting after the word “loans”

the words “or other financing facilities”; and

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(b)

by inserting after the words “for granting loans” the words

“or other financing facilities”.

Employees’ Social Security (Amendment)

5

New section 74a

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Section 6

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The principal Act is amended by inserting after section 74

the following section:

“Power of the Organization to establish or take over companies 74a.  (1)  The Organization may, with the approval of the

Minister and the Minister of Finance, establish or take over any company under the Companies Act 1965 [Act 125] to carry out, administer, conduct and manage any project, joint venture, privatization programme, scheme, enterprise or any other matter which has been planned or undertaken by the Organization for the purposes of the Scheme of Social

Security under this Act.

(2)

The Organization may give instructions to the company referred to in subsection (1) on matters relating to the administration, finance and operation of the company which are consistent with the provisions of this Act, and such company shall give effect to the instructions.”.

Amendment of section 75a

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Section 7

Subsection 75a(2) of the principal Act is amended—

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(a)

in paragraph (d), by inserting the word “and” at the end of the paragraph;

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(c)

in paragraph (f), by substituting for the words “two other members” the words “three other members”.

Amendment of section 95a

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Section 8

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Subsection 95a(1) of the principal Act is amended by inserting after the words “any officer authorized in writing by the Director

General may” the words “, with the consent in writing of the

Public Prosecutor,”.

6

Section 9

Amendment of section 105

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Subsection 105(2) of the principal Act is amended by substituting for paragraph (xxa) the following paragraph:

“(xxa) the offences under this Act or any subsidiary legislation made under this Act which may be compounded, and the criteria, method and procedure for compounding such compoundable offences;”.

Section 10

Amendment of First Schedule

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The First Schedule to the principal Act is amended by deleting paragraph (1).

Section 11

Amendment of Third Schedule

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The Third Schedule to the principal Act is amended—

(i)

in item 34, in the column of “Monthly Wages”, by substituting for the words “When wages exceed

RM2,900” the words “When wages exceed RM2,900

but not RM3,000”; and

(ii)

by inserting after item 34 the following items:

Monthly Wages

Employer’s

Contribution

Employee’s

Contribution

Total

“35.

When wages exceed RM3,000

but not RM3,100

RM53.35

RM15.25

RM68.60 36.

When wages exceed RM3,100

but not RM3,200

RM55.15

RM15.75

RM70.90 37.

When wages exceed RM3,200

but not RM3,300

RM56.85

RM16.25

RM73.10 38.

When wages exceed RM3,300

but not RM3,400

RM58.65

RM16.75

RM75.40

Employees’ Social Security (Amendment)

7

Monthly Wages

Employer’s

Contribution

Employee’s

Contribution

Total 39.

When wages exceed RM3,400

but not RM3,500

RM60.35

RM17.25

RM77.60 40.

When wages exceed RM3,500

but not RM3,600

RM62.15

RM17.75

RM79.90 41.

When wages exceed RM3,600

but not RM3,700

RM63.85

RM18.25

RM82.10 42.

When wages exceed RM3,700

but not RM3,800

RM65.65

RM18.75

RM84.40 43.

When wages exceed RM3,800

but not RM3,900

RM67.35

RM19.25

RM86.60 44.

When wages exceed RM3,900

but not RM4,000

RM69.05

RM19.75

RM88.80 45.

When wages exceed RM4,000

RM69.05

RM19.75

RM88.80”;

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Suggest a correction

(i)

in item 34, in the column of “Monthly Wages”, by substituting for the words “When wages exceed

RM2,900” the words “When wages exceed RM2,900

but not RM3,000”; and

(ii)

by inserting after item 34 the following items:

Monthly Wages

Employer’s

Contribution

“35.

When wages exceed RM3,000 but not RM3,100

RM38.10 36.

When wages exceed RM3,100 but not RM3,200

RM39.40 37.

When wages exceed RM3,200 but not RM3,300

RM40.60 38.

When wages exceed RM3,300 but not RM3,400

RM41.90 39.

When wages exceed RM3,400 but not RM3,500

RM43.10 40.

When wages exceed RM3,500 but not RM3,600

RM44.40 41.

When wages exceed RM3,600 but not RM3,700

RM45.60 42.

When wages exceed RM3,700 but not RM3,800

RM46.90

and

8

Monthly Wages

Employer’s

Contribution 43.

When wages exceed RM3,800 but not RM3,900

RM48.10 44.

When wages exceed RM3,900 but not RM4,000

RM49.40 45.

When wages exceed RM4,000

RM49.40”.

Amendment of Fourth Schedule

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Section 12

Paragraph 4 of the Fourth Schedule to the principal Act is amended—

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(a)

in item 34, in the column of “Monthly Wages”, by substituting for the words “When wages exceed RM2,900” the words

“When wages exceed RM2,900 but not RM3,000”; and

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(b)

by inserting after item 34 the following items:

Actual monthly wage of the month

First

Category

Second

Category

Corresponding assumed monthly wage for the month

“35.

When wages exceed RM3,000

but not RM3,100

RM68.40

RM38.10

RM3,050 36.

When wages exceed RM3,100

but not RM3,200

RM70.90

RM39.40

RM3,150 37.

When wages exceed RM3,200

but not RM3,300

RM73.10

RM40.60

RM3,250 38.

When wages exceed RM3,300

but not RM3,400

RM75.40

RM41.90

RM3,350 39.

When wages exceed RM3,400

but not RM3,500

RM77.60

RM43.10

RM3,450 40.

When wages exceed RM3,500

but not RM3,600

RM79.90

RM44.40

RM3,550 41.

When wages exceed RM3,600

but not RM3,700

RM82.10

RM45.60

RM3,650 42.

When wages exceed RM3,700

but not RM3,800

RM84.40

RM46.90

RM3,750 43.

When wages exceed RM3,800

but not RM3,900

RM86.60

RM48.10

RM3,850

Employees’ Social Security (Amendment)

9

Actual monthly wage of the month

First

Category

Second

Category

Corresponding assumed monthly wage for the month 44.

When wages exceed RM3,900

but not RM4,000

RM88.80

RM49.40

RM3,950 45.

When wages exceed RM4,000

RM88.80

RM49.40

RM3,950”.

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Common questions

What is AKTA KESELAMATAN SOSIAL PEKERJA (PINDAAN) 2016?
EMPLOYEES' SOCIAL SECURITY (AMENDMENT) ACT 2016 is Malaysia Amendment Act, cited as Amendment Act A1508 2016, currently marked in force and first recorded in 2016.
Is AKTA KESELAMATAN SOSIAL PEKERJA (PINDAAN) 2016 still in force?
Yes — AKTA KESELAMATAN SOSIAL PEKERJA (PINDAAN) 2016 is currently in force.
When did AKTA KESELAMATAN SOSIAL PEKERJA (PINDAAN) 2016 take effect?
AKTA KESELAMATAN SOSIAL PEKERJA (PINDAAN) 2016 was first recorded in 2016.
How many sections does AKTA KESELAMATAN SOSIAL PEKERJA (PINDAAN) 2016 have?
AKTA KESELAMATAN SOSIAL PEKERJA (PINDAAN) 2016 contains 12 sections.
Where can I read the official version of AKTA KESELAMATAN SOSIAL PEKERJA (PINDAAN) 2016?
The official text of AKTA KESELAMATAN SOSIAL PEKERJA (PINDAAN) 2016 is published at lom.agc.gov.my.