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Member Of The Administration And Members Of Dewan Undangan Negeri (Remuneration, Pension and Gratuities), Ordinance, 2013 is Malaysia State Ordinance, cited as State Ordinance Cap. 68 2013, currently marked in force and first recorded in 2013.
GRATUITIES) ORDINANCE, 2013
Date Passed by Dewan Undangan
Negeri ...
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21st May, 2013
Date of Assent
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22nd May, 2013
Date of Publication in Gazette ...
22nd May, 2013
1
Opening note
This Ordinance may be cited as the Members of the
Administration and
Members of
Dewan
Undangan
Negeri
(Remuneration, Pensions and Gratuities) Ordinance, 2013, and shall be deemed to have come into force on 1st January, 2012.
Interpretation
—
In this Ordinance―
“Member” means a Member of the Administration, the
Speaker, the Deputy Speaker and a Member of Dewan Undangan
Negeri;
“Member of the Administration” shall have the meaning assigned to it in Article 160(2) of the Federal Constitution;
4
“Speaker” and “Deputy Speaker” means the Speaker and
Deputy Speaker of Dewan Undangan Negeri appointed under
Article 15 of the Constitution of the State of Sarawak [G.N.S
163/63 (S.I. No. 1493/63)].(2) In this Ordinance a reference to the Yang di-Pertua Negeri shall be construed as a reference to the
Yang di-Pertua Negeri acting in accordance with the advice of
Majlis Mesyuarat Kerajaan Negeri or of a member thereof acting under the general authority of Majlis Mesyuarat Kerajaan Negeri.
Remuneration of Members of Dewan Undangan Negeri
Negeri shall consist of a monthly allowance of fifteen thousand ringgit.
Remuneration of Speaker and Deputy Speaker 4.―(1)
The remuneration of the Speaker shall consist of a monthly salary of thirty thousand ringgit.
Where the Speaker is a Member of Dewan Undangan
Negeri, he shall be entitled, in addition to the salary specified in subsection (1), to the monthly allowance payable to him as a Member of Dewan Undangan Negeri under section 3.
The Deputy Speaker shall be paid a monthly salary of twenty-one thousand ringgit in addition to the monthly allowance payable to him as a Member of Dewan Undangan Negeri under section 3.
5
Other allowances and benefits for persons under section 3 and section 4
In addition to the allowance payable under section 3 and the salary and allowance payable under section 4, the persons specified in those sections may also be paid special performance payment or bonus and such other allowances and benefits at such rates and on such terms and conditions as may by Order be directed by the
Yang di-Pertua Negeri and such Order shall be laid before Dewan
Undangan Negeri.
Remuneration of Members of the Administration 6.―(1)
The remuneration of the
Members of the
Administration shall consist of―
in the case of the Chief Minister, a monthly salary of thirty-nine thousand ringgit;
in the case of the Deputy Chief Minister, a monthly salary of thirty-five thousand ringgit;
in the case of a Senior Minister, a monthly salary of thirty thousand ringgit;
in the case of a Minister, a monthly salary of twenty-seven thousand ringgit;
in the case of an Assistant Minister, a monthly salary of twenty-one thousand ringgit;
in the case of a Political Secretary, a monthly salary of nine thousand ringgit.
Where a Member of the Administration is a Member of
Dewan Undangan Negeri, he shall be entitled, in addition to the salary specified in subsection (1), to the monthly allowance payable to him as a Member of Dewan Undangan Negeri as specified in section 3.
6
A Member of the Administration may also be paid special performance payment or bonus and such other allowances and benefits at such rates and on such terms and conditions as may be directed by the Majlis Mesyuarat Kerajaan Negeri from time to time.
Commencement of salaries and allowances
All monthly salaries and allowances specified in section 3, section 4 and section 6(1) and (2) and payable thereunder shall―
commence from the date of the coming into force of this Ordinance, or from the date of appointment or election, whichever is the later, of the Members concerned; and
accrue from day to day and be payable on the last day of each month or on such other day of the month as the State
Financial Secretary may, from time to time, determine.
Pensions and gratuities
A Member may be granted such pension, gratuity or other benefits as are prescribed in the Regulations contained in the First
Schedule.
Accident benefits
A Member may be granted such accident benefits as are prescribed in the Second Schedule:
Provided that where a Member is the holder of two or more offices, the Member shall be entitled to receive only the highest accident benefit applicable to the Member under the said Schedule.
7
Reduction of salaries, etc., payable out of moneys provided by
Dewan Undangan Negeri
The amounts specified in this Ordinance as being the amount of any salaries, allowances or benefits payable out of moneys provided by Dewan Undangan Negeri and not charged on the State
Consolidated Fund shall be the maximum amounts so payable; and notwithstanding this Ordinance or any regulations made under it as to such amounts, the salaries, allowances and benefits payable in any month in respect of any office may be of lesser amounts than those specified.
Provision against duplicate salaries
Unless otherwise provided, a Member to whom any salary, allowance and benefit are payable under this Ordinance shall be entitled to receive only such salary, allowance and benefit but if he is the holder of two or more offices in respect of which salaries, allowances and benefits are so payable and there is a difference in the salaries, allowances and benefits payable in respect of those offices, the office in respect of which such salary, allowances and benefits are payable shall be in respect of which the highest salary is payable.
Moneys to be provided or charged 12.―(1) Subject to subsections (2) and (3), the salaries, allowances and benefits payable under this Ordinance shall be paid out of moneys provided by Dewan Undangan Negeri.
The remuneration of the Speaker and Deputy Speaker under this Ordinance shall be charged on the State Consolidated Fund.
Pensions and gratuities payable under the Regulations contained in the First Schedule shall be charged on the State
Consolidated Fund.
8
Appointment of Political Secretary 13.―(1) The Chief Minister may appoint any person who is a
Member of Dewan Undangan Negeri or who is qualified to be a
Member of Dewan Undangan Negeri to be a Political Secretary and may at any time and without assigning any reason therefor terminate any such appointment.
A person appointed to be a Political Secretary shall vacate his office―
; or
if he resigns from office by writing under his hand addressed to the Chief Minister; or
if, for any reason, the Chief Minister who appoints him, vacates his office.
Oath of secrecy 14.
Before assuming his office as a Political Secretary, he shall take and subscribe in the presence of the Chief Minister the oath of secrecy set out in the Third Schedule.
Duties and functions 15.
The Chief Minister shall, from time to time, determine the duties and functions of a Political Secretary.
Regulations 16.―(1) The Yang di-Pertua Negeri may make regulations for the purpose of carrying out and giving effect to the provisions of this
Ordinance. All regulations so made shall be laid before Dewan
Undangan Negeri.
The Schedules may be amended, added, revoked or replaced by regulations made under subsection (1).
9
Any of the powers conferred upon or duties imposed on the Yang di-Pertua Negeri by the Schedules may be exercised by the
Chief Minister or any other person authorized in writing by the Yang di-Pertua Negeri.
Without prejudice to the generality of subsection (1) ―
where a person or a Member who before the coming into force of this Ordinance had acquired any right or benefit in relation to pension or gratuity under the law repealed under section 17 and no provision exists in this Ordinance to deal with this right or benefit, the regulations may provide for such right or benefit to continue with such modification as the Yang di-Pertua
Negeri deems fit;
where as a result of the implementation of this
Ordinance a situation arises involving a determination whether a right or benefit in relation to a pension or derivative pension should, having regard to the principles underlying the provisions of this Ordinance, accrue to a person who had ceased to be a
Member between the period 16th September, 1963, and the date of the coming into force of this Ordinance or to the dependants of such person, and justice and equity require it to be dealt with, the regulations may provide for the conferment of such right or benefit to such person upon such terms and conditions as the
Yang di-Pertua Negeri deems fit.
All regulations made under this section shall have the same force and effect as if they were contained in the Schedules, and the expression “this Ordinance” shall, wherever it occurs in this Ordinance, be construed as including a reference to all the
Schedules.
Repeal and savings 17.
The Members of the Administration and Members of
Dewan Undangan Negeri (Remuneration, Pensions and Gratuities)
Ordinance, 1980 [Ord. No. 9/80] is repealed:
10
Provided that nothing herein shall affect the past operations of the said repealed Ordinance, and
Provided further that where a person or his dependant was in receipt of a pension or derivative pension, as the case may be, under the repealed Ordinance, such pension or derivative pension shall, if so directed by the Yang di-Pertua Negeri in accordance with regulation 20 of the First Schedule, be recomputed and shall continue to be payable under the provisions of that Schedule.
11
FIRST SCHEDULE
(Sections 8, 12 and 17)
REGULATIONS
Citation and application 1.—
(1)
These Regulations may be cited as the Members of the
Administration and Members of Dewan Undangan Negeri (Pensions and Gratuities)
Regulations.
These Regulations shall not apply to a Member of the Dewan
Undangan Negeri who exercises the functions of the Speaker pursuant to Standing
Order 4(2) or (3) of the Dewan Undangan Negeri Standing Orders during any period which the Speaker or Deputy Speaker is unable to do himself owing to illness, absence or any other cause.
Interpretation 2.
In these Regulations—
“child” means any child of a deceased Member;
a posthumous child, a dependant stepchild, or an illegitimate child;
a child adopted under any written law, custom or usage before the death of the Member; and
a child, adopted before the death of the Member whether or not under any written law, custom or usage, of a Member who professes the religion of Islam; and
of any age who is mentally disabled or physically and permanently incapacitated and who is incapable of supporting himself;
“reckonable service” means the period in months during which a person is a Member whether continuously or in two or more separate periods; and for the purpose of calculating the length of a Member’s reckonable service, all periods of reckonable service shall be aggregated;
12
“salary” means—
in relation to a Member of Dewan Undangan Negeri, the monthly allowance payable to him under section 3 of the Ordinance;
who is not a Member of Dewan Undangan Negeri, the monthly salary payable under section 4(1) of the Ordinance;
who is a Member of Dewan Undangan Negeri, the sum of the monthly salary and the monthly allowance payable to him under section 4(1) and (2) of the Ordinance;
in relation to the Deputy Speaker, the sum of the monthly allowance and the monthly salary payable to him under sections 3 and 4(3);
in relation to the Chief Minister, Deputy Chief Minister, a Senior
Minister, a Minister or an Assistant Minister, the sum of the monthly salary and the monthly allowance payable to him under section 6(1) and (2) of the
Ordinance;
who is not a Member of Dewan Undangan Negeri, the monthly salary payable under section 6(1)(f) of the Ordinance;
who is a Member of Dewan Undangan Negeri, the sum of the monthly salary and the monthly allowance payable to him under section 6(1)(f) and (2) of the Ordinance.
Pension for Members 3.—
(1)
A person who ceases to be a Member may be granted a pension if he has completed thirty-six months reckonable service.
The monthly pension payable under paragraph (1) shall be based on the highest drawn salary of the Member during any period of reckonable service and shall be calculated on the following formula:
1/144 x total completed months of reckonable service x salary, subject to a maximum of half of salary:
13
Provided that any reckonable service in the case of a person who ceases to be a
Member either through death or dissolution of Dewan Undangan Negeri or through disqualification under Article 17(1)(a) of the State Constitution shall, where it is less than thirty-six months, be deemed to be thirty-six months of reckonable service.
A pension granted under this regulation shall continue for the life of that person to whom it is payable but shall not be payable in respect of any period during which he is again a Member and is in receipt of a salary in respect thereof:
Provided that such period, subject to paragraphs (1) and (2), shall be taken into account for calculating the pension that will be payable on his ceasing again to be a
Member.
In the case of a person who was a Member (other than as a Political
Secretary) at any time on or after 16th September, 1963, and is still living he may be granted a pension under paragraphs (1) and (2) from the date of the coming into force of the Ordinance based on his salary adjusted to the salary of a Member as is appropriate and in accordance with these Regulations.
A person who ceases to be a Political Secretary at any time on or after 1st July, 1980, may be granted a pension under paragraphs (1) and (2) based on the salary as is appropriate in accordance with these Regulations and on the reckonable service which shall include any period prior to 1st July, 1980.
Where by virtue of paragraph (3), a member of Dewan Undangan
Negeri, who had acquired the right to pension under the Ordinance, ceases to be so entitled upon his appointment as Speaker, such right shall, notwithstanding that he is not an elected Member of Dewan Undangan Negeri, accrue to the Speaker, when he retires as Speaker and shall, in such circumstances, be granted a pension based on the salary and the monthly allowance as specified under section 4(1) and section 3
of the Ordinance, in accordance with the formula provided in paragraph (2).
Special provisions for Chief Minister, etc., becoming backbenchers, etc.
A person who has held the office of Chief Minister for a period of less than three years (either continuously or otherwise) may be granted a pension calculated on the following formula:
1/144 x total completed months of reckonable service x salary, subject to a minimum of two thousand ringgit per month.
Gratuity for Members 5.—
(1)
A person who ceases to be a Member at any time on or after 15th
August, 1996 may be granted a gratuity calculated on the following formula—
1/48 x salary x 12 x total completed months of reckonable service
The gratuity payable under this regulation shall be based on the highest drawn salary of the Member during any period of reckonable service.
Any gratuity or cash award that has been paid to a Member in respect of any period of reckonable service shall be deducted from the gratuity that falls due to be paid under this regulation.
Notwithstanding paragraph (1), a person who ceases to be a Member of the Administration or Speaker but continues to be a Member of Dewan Undangan
Negeri may be paid a gratuity under this regulation at the time he ceased to hold such office:
Provided that when he ceased to be a Member, the gratuity that has been paid to him shall be deducted from the gratuity that falls due to be paid under this regulation.
Derivative pension or gratuity when a Member dies whilst being a Member 6.—
(1)
Where a Member dies and qualifies to receive a pension under regulation 3 and a gratuity under regulation 5, the Yang di-Pertua Negeri may, under regulation 9, grant to his dependants a derivative pension and a derivative gratuity or a derivative gratuity only.
Subject to regulation 4, the derivative pension and derivative gratuity payable under paragraph (1) shall be calculated in the same manner as the calculation for pension under regulation 3(2) and the calculation for gratuity under regulation 5.
15
Subject to regulation 11, the derivative pension granted under paragraph (1) shall be payable for a period not exceeding twelve and a half years from the date immediately following the date of death of the Member, and thereafter the dependants shall continue to receive seventy percentum of the derivative pension granted.
In the case of a person who was a Member at any time on or after 16th
September, 1963 or a Political Secretary appointed on or after 1st July, 1980, and had died and left dependants within the meaning of regulation 9, the dependants may, from the date of the coming into force of the Ordinance, if they are not ineligible under regulation 11 as from the date of the coming into force of the
Ordinance, be granted a derivative pension under this regulation or regulation 7 or regulation 8, as the case may be, based on the salary of that person adjusted to the salary of a Member as is appropriate and in accordance with these Regulations.
Derivative pension where a person dies within twelve and a half years 7.
Subject to regulation 11, where a person dies within the period of twelve and a half years of his last ceasing to be a Member, his dependants may be granted a derivative pension of the same amount as the pension which was paid or payable to him for the remaining portion of such period and thereafter such derivative pension shall continue to be payable at the rate of seventy percentum of the derivative pension granted.
Derivative pension where a person dies after twelve and a half years 8.
Subject to regulation 11, where a person dies after twelve and a half years of his last ceasing to be a Member, his dependants may be granted a derivative pension equivalent to seventy percentum of the person’s pension.
Dependants eligible to receive derivative pension and derivative gratuity 9.—
(1)
A derivative pension may be granted to the widow or widower and the child of the deceased Member.
A derivative gratuity may be granted to—
Where there are no such persons under paragraphs (1) and (2), a derivative gratuity only may be granted to the next-of-kin of the deceased Member.
16
Notwithstanding paragraph (1), if a widow or widower were married to a person after that person has ceased to be a Member and only if the marriage was contracted within twelve and a half years of his last ceasing to be a Member, the widow or the widower, as the case may be, shall be entitled to only a derivative pension under the provisions of regulation 7 for the remaining portion of the twelve and a half years period mentioned therein and shall not be entitled to a derivative pension thereafter.
Apportionment of derivative pension or derivative gratuity 10.
A derivative pension or derivative gratuity may be paid to the persons under regulation 9(1) and (2) in such proportions as the Yang di-Pertua Negeri deems fit and such derivative pension may be reapportioned whenever any one of such persons dies or ceases to be eligible for such payment.
Cessation of derivative pension 11.
A derivative pension granted under these Regulation shall cease if the recipient—
is a child who, on or after the age of twenty-one years, ceases to be mentally disabled or physically and permanently incapacitated and incapable of supporting himself; or
is a child who, on or after the age of twenty-one years, ceases to receive education in an institution of higher learning but not beyond education leading to a first degree.
Provisional payment where amount of pension, etc., yet to be determined
Where a Member or his dependants are eligible for pension or gratuity under these Regulations but the amount of such pension or gratuity is yet to be determined soon after his ceasing to be a Member or upon his death, the Yang di-Pertua Negeri may authorize a provisional payment to be made to such Member or his dependants pending such determination.
Payment of pensions
A pension granted under these Regulations may be paid monthly at the end of each month in which the pension falls due or at such other intervals as the
State Financial Secretary may determine either generally or in any particular case.
17
Pension, etc., not to be assignable
A pension or gratuity granted under these Regulations shall not be assignable or transferable or liable to be attached, sequestrated or levied upon in respect of any claim except for the purpose of satisfying —
a debt due to the State Government or the Federal Government, or a statutory or local authority; or
an order of a Court for the payment of periodical sums of money towards the maintenance of a wife or former wife or child of the person who ceased to be a Member and to whom the pension or gratuity has been granted.
Pension or gratuity not to be paid under certain circumstances
Where any person to whom a pension has been granted under these
Regulations has become disqualified from being a Member of Dewan Undangan
Negeri under circumstances described in paragraph (1), the pension shall forthwith cease:
Provided that the pension shall be restored with retrospective effect in the case of a person whose disqualification under Article 17(1)(e) of the State Constitution is removed by the Yang di-Pertua Negeri.
No pension or gratuity shall be granted under these Regulations to any person who has held office of Political Secretary whilst not being then concurrently a Member of Dewan Undangan Negeri if:
he has been convicted of an offence by a court of law in Malaysia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon; or
he has voluntarily acquired citizenship of, or exercised rights of citizenship in, any country outside Malaysia or has made declaration of allegiance to any country outside Malaysia.
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A pension granted under these Regulations to a person who has held the office of Political Secretary whilst not being then concurrently a member of
Dewan Undangan Negeri shall forthwith cease if—
he has been convicted of an offence by a court of law in Malaysia and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon; or
he has voluntarily acquired citizenship of, or exercised rights of citizenship in, any country outside Malaysia or has made declaration of allegiance to any country outside Malaysia.
Payment without grant of probate or letters of administration
For the purpose of this regulation, “unpaid” means unpaid by the
Government or undrawn by the person.
Reckonable service of certain persons
Where a person prior to being a Member of Dewan Undangan Negeri was a Political Secretary (or vice versa), any period (continuous or otherwise)
during which he was a Political Secretary or a Member of Dewan Undangan Negeri, as the case may be, but not earlier than 16th September, 1963, may be taken into account for the purpose of calculating the length of his reckonable service for pension and gratuity under these Regulations.
Reckonable service for period in either House of Parliament
No period under paragraph (1) shall be taken into account for the purposes of these Regulations if a Member had been disqualified from being a member of either House of Parliament or if he had been granted his pension and gratuity for that period under any Federal law relating to pensions and gratuities for
Members of the Administration and Members of Parliament.
Medical facilities
A person who ceases to be a Member and qualifies to receive a pension under regulation 3, or his dependants, shall be entitled to receive such medical facilities on such terms and conditions as may by Order be directed by the Yang di-Pertua Negeri from time to time.
Recomputation of pension and derivative pension
The recomputed pension under paragraph (1) shall be payable with effect from the coming into force of the revised salaries.
In the case of a person who, before the coming into force of the
Ordinance, ceased to be a Member and he or his dependant is in receipt of a pension or a derivative pension, as the case may be, the grant of the pension or derivative pension shall be governed by the provisions of these Regulations and the salary on which a pension granted under regulation 3 or a derivative pension granted under regulation 6, 7, or 8 is based shall be adjusted to the salary of a Member as appropriate and the pension or derivative pension shall be recomputed accordingly and be payable with effect from the date of the coming into force of the Ordinance and thereafter such pension or derivative pension shall be recomputed and payable in accordance with paragraphs (1) and (2) whenever there is a revision of salaries.
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SECOND SCHEDULE
(Section 9)
ACCIDENT BENEFITS
Where death or permanent disablement is caused by an injury sustained in an accident as specified in column I by a Member specified in column
II, the benefits payable shall be those specified under the respective sub-columns except that in the case of death being the consequence of the injury sustained in the accident, the respective dependants or next-of-kin of the deceased Member specified shall be entitled to the benefits.
The death benefit granted under item A shall be paid to the dependants of the deceased Member specified in regulation 9(2) of the First Schedule to the
Ordinance or, if there are no such dependants, to the next-of-kin of the deceased
Member. The death benefit granted to the dependants shall be apportioned in such proportions as the Yang di-Pertua Negeri deems fit.
Where a Member or his dependants or his next-of-kin are entitled to receive accident benefits similar to those provided in this Schedule under any scheme operated by the Federal Government or under any Federal law, such
Member or his dependants or his next-of-kin shall be entitled, at their option, to receive the benefits under this Schedule or under such Scheme.
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ITEM COLUMN I
COLUMN II
BENEFIT PAYABLE
CONSEQUENCES OF INJURY
Chief
Minister
Deputy
Chief
Minister
Senior
Minister and
Speaker
Minister
Assistant
Minister and
Deputy
Speaker
Political
Secretary
Member of
Dewan
Undangan
Negeri
A. Where death is caused by an injury sustained in an accident ... .... …
750,000 500,000 450,000 400,000 250,000 200,000 200,000
B. Where permanent disablement is caused by an injury sustained in an accident and such disablement occurs within 12
calendar months of the said accident, there shall be paid to the
Member one of the following benefits ⎯
Where the injury results in the loss of two or more limbs by actual separation at or above the wrist or ankle or the total and irrecoverable loss of all sight of both eyes or the loss of one limb accompanied by the loss of sight of one eye .. ... ... ... ...
1,500,000
1,000,000
900,000
800,000
500,000
400,000
400,000
Where the injury results in the loss of one limb by actual separation at or above the wrist or ankle or the total and irrecoverable loss of the sight of one eye
... ... ... ... ... ... ... ... ... ...
750,000
500,000
450,000
400,000
250,000
200,000
200,000
C. Where injury results in permanent disablement other than those specified in paragraph B above ⎯
in the case of a disablement which totally prevents the
Member from engaging in or giving attention to any profession or occupation ... ... ... ... ...
1,500,000
1,000,000
900,000
800,000
500,000
400,000
400,000
in the case of a disablement which partially prevents the Member from engaging in or giving attention to any profession or occupation, such sum as may be arrived at by multiplying the said sum specified in sub-paragraph (i) as the case may be with the percentage of the degree of disablement which is to be determined by a Medical Board appointed by the
Government ... ... ... ... ...
as per calculation as per calculation as per calculation as per calculation as per calculation as per calculation as per calculation
22
THIRD SCHEDULE
(Section 14)
OATH OF SECRECY
I,……………………………………………….…………...……… having been appointed to the office of Political Secretary, do solemnly swear (or affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as a Political
Secretary except as may be required for the discharge of my duties as such or as may be specially permitted by the Chief Minister.