EMPLOYEES PROVIDENT FUND (AMENDMENT) ACT 2019

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

Amendment of section 4

by substituting for the word “eighteen” the word “twenty”;

EMPLOYEES PROVIDENT FUND (AMENDMENT)

ACT 2019

in subparagraph (i), by inserting before the word “five”

the words “not more than”;

in subparagraph (ii), by inserting before the word “five”

the words “not more than”;

in subparagraph (iii), by inserting before the word “five”

the words “not more than”; and

in subparagraph (iv)—

by substituting for the word “three” the words

“not more than five”;

by renumbering the existing section as subsection (1);

in subsection (1) as renumbered, by deleting the words

“and shall be eligible for reappointment”; and

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

“(2) A member of the Board referred to in subsection (1)

shall be eligible for reappointment but no member shall hold office for a total term of more than twelve years.”.

Employees Provident Fund (Amendment)

5

Amendment of section 9

by substituting for the shoulder note the following shoulder note:

“Quorum of the Board”; and

in subsection (1), by substituting for the word “six” the word “eight”.

Amendment of section 18

by deleting paragraph (c); and

in paragraph (e)—

by substituting for the word “three” the word

“four”;

by substituting for the shoulder note the following shoulder note:

“Preventing person from leaving Malaysia without paying contributions”;

in subsection (1)—

by substituting for paragraph (a) the following paragraph:

“(a) Where the chief executive officer has reason to believe that any person is about or is likely to leave Malaysia without paying any outstanding and due contributions under this Act, the chief executive officer may issue to the Director General of Immigration a certificate containing particulars of the person and the outstanding and due contributions with a request that the person be prevented from leaving Malaysia, unless he pays the outstanding and due contributions, or furnishes security to the satisfaction of the chief executive officer for its payment.”;

in subsection (2), by deleting the words “, a police officer”; and

by inserting after subsection (2) the following subsections:

“(3) Any person who, knowing that a certificate has been issued in respect of him under subsection (1), leaves

Malaysia without paying all the outstanding and due contributions specified in the certificate or furnishing security to the satisfaction of the chief executive officer for its payment shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand ringgit or to both.

For the purpose of this section, “contributions”

includes any dividend or late payment charges due on any contributions.”.

Employees Provident Fund (Amendment)

7

Amendment of section 43

in paragraph (c), by inserting after the word “employee”

the words “, whether or not”; and

in paragraph (d), by substituting for the words “within the meaning of this Act” the words “, whether or not within the meaning of this Act,”.

New Part Vb

A member of the Fund who elects to transfer his contributions shall make an application to the Board by submitting such particulars or documents, and in such manner, as determined by the Board.

After receiving an application under subsection (2), the Board shall transfer the contributions of the member of the Fund who elects to transfer his contributions into the account of another member of the Fund elected by him on a monthly basis or in accordance with such other period as determined by the Board subject to the availability of contributions in the account of the member of the Fund who makes the election.

Cessation of transfer of contributions 53e. (1) Upon the occurrence of any circumstances specified in the Eighth Schedule in relation to a transfer of contributions, a member of the Fund who has elected to transfer his contributions under section 53d may apply to the Board to cease the transfer.

An application for cessation of transfer of contributions under subsection (1) shall be made to the Board by submitting such particulars or documents, and in such manner, as determined by the Board.

After receiving an application under subsection (2), the Board shall cease the transfer of the contributions.

Any amount that has been transferred into the account of the member of the Fund who receives the contributions transferred before the date of cessation of transfer of the contributions shall be retained in the account of such member of the Fund.

Re-transfer of contributions 53f.

Where contributions under section 53d have been erroneously transferred, the Board may re-transfer the contributions, including any dividend, into the account of the member of the Fund who has elected to transfer the contributions, subject to the amount standing to the credit of the member of the Fund who has erroneously received the contributions transferred.”.

Employees Provident Fund (Amendment)

9

Amendment of section 55a

Subject to the criteria specified in columns (1) and (2) of the following table, a member of the Fund may elect to transfer his contributions at the rate specified in column (3) into the account of another member of the Fund who is or are his lawful wife or wives and their marriage has been registered under the laws of Malaysia.

The transfer of contributions may be ceased by the member of the Fund who elects to transfer his contributions upon the occurrence of any of the following circumstances:

Criteria of a member of the

Fund who elects to transfer his contributions

Criteria of a member of the Fund who receives the contributions transferred

Rate of contributions to be transferred

”.

The member of the

Fund—