Malaysia legislation
Section 17
Section 17
(2)
A person shall be deemed to have completed full qualifying period under subsection (1) if—
(i)
monthly contributions have been paid in respect of him for not less than twenty-four months during the period of forty consecutive months immediately preceding the month in which he has submitted a notice of invalidity in accordance with the regulations; or
*NOTE─see section 12 of Act A1445 which comes into operation on 1 January 2013.
Employees’ Social Security 31
(ii)
monthly contributions have been paid in respect of him for not less than two-thirds of the number of complete months comprised in the period falling between the date when contributions first become payable by him under this Act and the month immediately preceding the month in which he has submitted a notice of invalidity in accordance with the regulations, provided that the total number of monthly contributions paid during the aforesaid period shall be at least twenty-four.
(3)
A person shall be deemed to have completed a reduced qualifying period under subsection (1) if monthly contributions have been paid in respect of him for not less than one-third of the number of complete months comprised in the period falling between the date when contributions first become payable by him under this Act and the month immediately preceding the month in which he has submitted a notice of invalidity in accordance with the regulations, provided that the total number of monthly contributions paid during the aforesaid period shall be at least twenty-four.
(3A)
If the insured person fails to complete a qualifying period under subsection (2) or (3) and the Organization is satisfied that such failure is not due to any fault of the insured person or is due to the ignorance of the insured person, the Organization may consider the qualifying period to have been completed by an insured person if a medical board, established pursuant to section 32, to which the matter is referred by the Organization determines that the insured person’s invalidity has commenced earlier than the date the notice of invalidity is received by the Organization in accordance with the regulations.
(3B)
Where the Organization has considered the qualifying period to have been completed by an insured person under subsection (3A), the date on which the insured person submits his notice of invalidity shall be deemed to be the date of commencement of his invalidity.
(3C)
Notwithstanding subsections (2) and (3), the Organization has the discretion to allow periods of credit to be taken into consideration for the purpose of determining the completion of the qualifying period of an insured person, and the months in the period of credit for which
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contribution is payable shall be included for the purpose of calculating the total number of months for the purpose of those subsections.
(3D)
The term “period of credit” in subsection (3C) means the period during which the insured person receives temporary disablement benefit and the employer does not pay any wages to the insured person.
(4)
If after an insured person’s notice of invalidity has been rejected on account of his failure to have completed one or other of the qualifying periods, a fresh notice of invalidity is received from him, the date of the fresh notice of invalidity shall be treated, for the purposes of subsections (2) and (3) as the date on which he has submitted a notice of invalidity.
(5)
(Deleted by Act A450).
Qualifying conditions for survivors’ pension