Malaysia legislation
Section 10
Section 10
(a)
a derivative pension and a derivative gratuity to his spouse or child, or both spouse and child; and
(b)
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.
(2)
(Deleted by Act A1346).
(3)
The derivative pension granted under subsection (1) shall be paid in accordance with subsection (2)—
(a)
for life if the recipient is—
(i)
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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(ii)
a child referred to in paragraph (b) of the interpretation of “child” in section 1A;
(b)
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.
(4)
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.
(5)
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.
Derivative pension where Judge dies in retirement