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 5
/akn/my/act/amendment_act/2016/A1508
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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
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Amendment of section 5
The Employees’ Social Security Act 1969 [Act 4], which is referred to as the “principal Act” in this Act, is amended in section 5—
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
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
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.”.
Amendment of section 71
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;”.
Amendment of section 72a
in the shoulder note, by inserting after the word “loans”
the words “or other financing facilities”; and
by inserting after the words “for granting loans” the words
“or other financing facilities”.
Employees’ Social Security (Amendment)
5
New section 74a
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.
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
Subsection 75a(2) of the principal Act is amended—
in paragraph (f), by substituting for the words “two other members” the words “three other members”.
Amendment of section 95a
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
Amendment of section 105
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;”.
Amendment of First Schedule
The First Schedule to the principal Act is amended by deleting paragraph (1).
Amendment of Third Schedule
The Third Schedule to the principal Act is amended—
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
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)
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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”;
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
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
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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
Paragraph 4 of the Fourth Schedule to the principal Act is amended—
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
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)
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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”.