Judges' Remuneration Act 1971 · Updated to 1 Jan 2026 · Part III · Pensions and Other Benefits of Judges and Dependants
10. Derivative pension and derivative gratuity where Judge dies in service
Official textFrom Laws of Malaysia Online, unchanged
Subject to subsection (4), where a Judge dies in service, the
Judge
“Judge” means a Judge of the Federal Court, of the Court of Appeal or of the High Court and includes the Chief Justice, President and a Chief Judge;
Yang di-Pertuan Agong may grant—
a derivative pension and a derivative gratuity to his spouse or child, or both spouse and child; and
a derivative gratuity to his mother or, if his mother is not living, to his dependent father, according to the entitlement of the Judge, computed in accordance with sections 4 and 7:
Provided that the amount of derivative pension granted shall not be less than 1/5 of the last drawn salary but without prejudice, however, to any adjustment of derivative pension to the recipients’ advantage that may be made in accordance with Part IIIA.
(Deleted by Act A1346).
The derivative pension granted under subsection (1) shall be paid in accordance with subsection (2)—
for life if the recipient is—
a spouse;
NOTE‒This section shall apply to a Judge who is still in service or has retired from service before the commencement of the amendment to this section.–see subsection 5(2) of the Judges’ Remuneration
(Amendment) Act 2011 [Act A1401].
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a child referred to in paragraph (b) of the interpretation of “child” in section 1A;
for the duration of his education if the recipient is a child who is receiving education in an institution of higher learning but not education leading beyond a first degree.
The derivative pension and derivative gratuity granted under subsection (1) shall be paid or be payable in such proportion as the
Yang di-Pertuan Agong may determine and the derivative pension may be reapportioned among other eligible recipients whenever any recipient dies or ceases to be eligible for such payment.
Where a Judge dies in service and leaves no spouse, child, mother or dependent father surviving him, there shall be paid to the legal personal representative of the deceased Judge a derivative gratuity only, computed in accordance with section 7.
spouse
“spouse” means the surviving husband or a surviving wife of a deceased Judge whose marriage to the Judge is recognized in Malaysia as a valid marriage under any written law, custom, religion or usage.
Terms defined in s 1A
child
Defined · s 1A“child” means a child of a deceased Judge— (a) who is a child under twenty-one years of age and includes— (i) a posthumous child, a dependent step-child and an illegitimate child of the Judge; and (ii) a child adopted by the Judge under any written law relating to adoption or under any custom or usage, on satisfactory proof of such adoption; and (b) who is a child of any age and is mentally retarded or physically and permanently incapacitated and is incapable of supporting himself;
Judge
Defined · s 1A“Judge” means a Judge of the Federal Court, of the Court of Appeal or of the High Court and includes the Chief Justice, President and a Chief Judge;
last drawn salary
Defined · s 1A“last drawn salary” means the actual last drawn monthly substantive salary of a Judge, specified in the First Schedule, prior to his death or retirement;
remuneration
Defined · s 1A“remuneration” shall have the meaning assigned to that expression in Clause (2) of Article 160 of the Federal Constitution;
spouse
Defined · s 1A“spouse” means the surviving husband or a surviving wife of a deceased Judge whose marriage to the Judge is recognized in Malaysia as a valid marriage under any written law, custom, religion or usage.
Part IV