Judges' Remuneration Act 1971 · Updated to 1 Jan 2026 · Part III · Pensions and Other Benefits of Judges and Dependants
11. Derivative pension where Judge dies in retirement
Official textFrom Laws of Malaysia Online, unchanged
Where a Judge dies within or after the period of twenty years from the date of his retirement, the Yang di-Pertuan Agong may grant to his spouse or child, or both spouse and child, as the case may be, a derivative pension according to the entitlement of the Judge.
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;
The derivative pension granted under subsection (1) shall be paid in accordance with that subsection—
for life if the recipient is—
a spouse;
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.
Judges’ Remuneration 17
Notwithstanding subsection (2), the payment of such derivative pension shall only be made where the recipient—
if a spouse, was married to the Judge prior to the date of his retirement;
if a child or dependent step-child, is a child or dependent step-child of a marriage that had taken place prior to the date of retirement of the Judge;
if an adopted child, was adopted prior to the date of retirement of the Judge;
if an illegitimate child, was conceived prior to the date of retirement of the Judge.
For the avoidance of doubt, it is declared that where the marriage to the Judge concerned had been contracted after the date of his retirement and his death occurs within a period of twenty years from the date of his retirement, his spouse or a child of that marriage, or both such spouse and child, shall be entitled to a derivative pension according to the entitlement of the Judge but only for a period which is the difference between the period of twenty years and the period during which the Judge had been in retirement; and where the death of the Judge occurs after the period of twenty years from the date of his retirement, no derivative pension whatsoever shall be payable.
retirement
“retirement” means— (a) retirement from the office of Judge under paragraph 8(a); Judges’ Remuneration 9 (b) retirement from such office under section 8A or 8B; (c) resignation from such office under paragraph 8(c); or (d) ceasing to hold such office under paragraph 8(d);
The derivative pension granted under subsection (1) shall be paid or be payable in such proportion as the Yang di-Pertuan Agong may determine and it may be reapportioned among other eligible recipients whenever a recipient dies or ceases to be eligible for such payment.
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;
remuneration
Defined · s 1A“remuneration” shall have the meaning assigned to that expression in Clause (2) of Article 160 of the Federal Constitution;
retirement
Defined · s 1A“retirement” means— (a) retirement from the office of Judge under paragraph 8(a); Judges’ Remuneration 9 (b) retirement from such office under section 8A or 8B; (c) resignation from such office under paragraph 8(c); or (d) ceasing to hold such office under paragraph 8(d);
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