Malaysia legislation
Section 4
Section 4
(2)
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
(2)
The gratuity payable under this regulation shall be based on the highest drawn salary of the Member during any period of reckonable service.
(3)
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.
(4)
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.
(2)
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.
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(3)
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.
(4)
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.
(2)
A derivative gratuity may be granted to—
(a)
the persons specified under paragraph (1); and
(b)
the dependent parent of the deceased Member.
(3)
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.
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(4)
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—
(a)
is a child, upon his marriage; or
(b)
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
(c)
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