Section 109
Depositor in Malayan Railway Provident Fund transferred to the Commission
of Penang Port Commission Act 1955
Any person who, being an officer or servant of the
Administration, is transferred to and becomes an officer or servant of the Commission under section 105 and who immediately before the appointed day was a depositor in the Malayan Railway Provident
Fund (in this section referred to as “the Fund”) shall, so long as he remains an officer or servant of the Commission continue to be a depositor in the Fund and subject to subsections (2) and (3), while he so continues to be a depositor, the Malayan Railway
Provident Fund Ordinance 1952 [Ord. 21 of 1952], shall, so far as respects him, continue to have effect and he shall be entitled to the same benefits, rights and privileges and subject to the same obligations to which he would have been entitled or subject if he had remained an officer or servant of the Administration.
(2)
Where any person who continues to be a depositor in the
Fund ceases to be an officer or servant of the Commission, the provisions of the Malayan Railway Provident Fund Ordinance 1952, which would have been applicable upon his ceasing to be
86
an officer or servant of the Administration shall apply as if he had remained an officer or servant of the Administration, and had ceased to be such an officer or servant at the time at which and in circumstances similar to those in which he ceased to be an officer or servant of the Commission.
(3)
Where an officer or servant of the Administration continues after the appointed day to be a depositor in the Fund—
(a)
the Board of Managers of the Fund may in respect of him grant benefits and make payments into and out of the
Fund as if his employment by the Commission were employment by the Administration;
(b)
the Commission shall deduct from his remuneration such amounts as he is liable to deposit in the Fund and shall from time to time pay to the Administration the amounts so deducted to be carried by the Administration to his credit in the Fund; and
(c)
the Commission shall from time to time pay to the
Administration such amounts as the Administration would be liable to pay to the Fund by way of bonuses in respect of his remuneration if his employment by the Commission were employment by the Administration and the amounts shall be carried by the Administration to his credit in the
Fund.