Judges' Remuneration Act 1971 · Updated to 1 Jan 2026 · Part III · Pensions and Other Benefits of Judges and Dependants
8A. Retirement on ill-health
Official textFrom Laws of Malaysia Online, unchanged
A Judge who has not attained the age of sixty years may make representations in writing to the Chief Justice for permission to retire on grounds of ill-health.
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;
On receiving any representations from a Judge under subsection (1), the Chief Justice may constitute, in consultation with
Judges’ Remuneration 13
remuneration
“remuneration” shall have the meaning assigned to that expression in Clause (2) of Article 160 of the Federal Constitution;
the Director General of Medical Services, a board of not less than three
Medical Officers who have served for not less than ten years in the public service and of whom at least one is a person possessing specialist qualification in the branch of medicine relevant to the ill-health of the Judge concerned, to inquire into and report to the Chief
Justice as to the health of the said Judge.
Upon receipt of the report of such board of Medical Officers, the Chief Justice may, if satisfied that it would be in the interests of judicial administration that such Judge be granted permission to retire, recommend to the Prime Minister that permission be so granted to the said Judge; and the Prime Minister may thereupon submit the matter to the Yang di-Pertuan Agong who shall refer the same to a tribunal appointed by him in accordance with Clause (4) of Article 125 of the
Constitution for its recommendations.
The Yang di-Pertuan Agong may on the recommendations of the tribunal grant such permission and approve the retirement.
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);
Where the Chief Justice desires to retire from the office of Chief
Justice on grounds of ill-health, the foregoing subsections shall not apply, but the Prime Minister may, after such reference as he may deem fit to make, submit the facts to the Yang di-Pertuan Agong who shall refer the matter to a tribunal appointed by him in accordance with
Clause (4) of Article 125 of the Constitution for its recommendations;
and the Yang di-Pertuan Agong may on the recommendations of the tribunal approve the retirement.
Terms defined in s 1A
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);
Part IV