Malaysia legislation

Section 16

of PENANG PORT COMMISSION ACT 1955

Section 16

(a)

establish, maintain, administer or continue to maintain and administer and subsequently wind up a provident fund for the benefit of its officers and servants or any section of its officers and servants and make regulations in respect thereof;

(b)

enter into arrangements or agreements with any port authority established and incorporated in Singapore in respect of the Port of Singapore for the establishment, maintenance and administration and subsequent winding up of a joint provident fund for the benefit of the said officers and servants and of the officers and servants or a section of the officers and servants of the Singapore port authority and may subject to any such arrangement or agreement, make regulations in respect thereof;

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(c)

establish, maintain and administer a pension scheme for the provision of payments of pensions, gratuities or other allowances on superannuation, resignation, retirement or discharge of officers and servants of the Commission or any section of those officers and servants and for the establishment and maintenance of a pension fund and may make regulations in respect thereof;

(d)

establish and administer a superannuation scheme for the granting of such gratuities and allowances on death, superannuation, resignation, retirement or discharge of subordinate officers and servants of the Commission as may be deemed expedient and for the granting of such gratuities and allowances as may be deemed expedient to any one or more of the surviving dependants of any person who having been employed as a subordinate officer or servant of the Commission dies after having been superannuated or discharged or after having resigned or retired; and may make regulations in respect thereof; and

(e)

establish, maintain and administer a scheme to provide for retirement of and the payment of compensation for loss of career, pensions, gratuities and other like allowances to officers and servants of the Commission whose services are terminated before the attainment by the officers and servants of the age at which they would normally have retired from the service of the Commission; and may make regulations in respect thereof, which regulations may be in addition to or have reference to any other fund or scheme established under this section or continued by virtue of section 107.

(2)

No gratuity, allowance or other payment payable out of any such provident fund or joint provident fund or under any such pension or superannuation scheme nor any right or interest acquired by any person thereunder shall be assignable or transferable or liable to be attached, sequestrated or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the

Commission.

(3)

Any moneys paid out of any such provident fund or joint provident fund on the death of any person shall be deemed to be impressed with a trust in favour of the persons entitled thereto under the will or intestacy of the deceased person, but shall not be deemed to form part of his estate or be subject to his debts.

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(4)

Any person may by will or by a memorandum under his hand appoint a trustee or trustees of the moneys payable on his death out of any such provident fund or joint provident fund and may make provision for the appointment of a new trustee or new trustees of those moneys and for the investment thereof.

(5)

If at the time of the death of any person or at any time afterwards there is not trustee of those moneys or it is expedient to appoint a new trustee or new trustees, then and in any such case a trustee or trustees, or a new trustee or new trustees may be appointed by the High Court or a Judge thereof.

(6)

The receipt of a trustee or trustees duly appointed or in default of any such appointment and of written notice thereof to the Commission the receipt of the legal personal representative of a deceased person shall be a discharge to the Commission for any moneys payable on his or her death out of any such provident fund or joint provident fund.

(7)

Any officer or servant of the Commission who is a contributor to any such provident fund or joint provident fund shall, if he is dismissed the service of the Commission for fraud or dishonesty or misconduct, which involves pecuniary loss to the Commission, or retires from or resigns his office with intent to escape discharge or dismissal in consequence of the fraud, dishonesty or misconduct, forfeit, at the absolute discretion of the Commission, all or any part of his contribution to the fund and the interest accrued thereon and the accumulations thereof as the Commission in its discretion thinks fit.

(8)

Any employee of the Commission who would otherwise be entitled to any benefit under any such pension scheme shall, if he is dismissed the service of the Commission for fraud or dishonesty or misconduct, which involves pecuniary loss to the Commission, or retires from or resigns his office with intent to escape discharge or dismissal in consequence of the fraud, dishonesty or misconduct forfeit and lose the whole or such part of the benefit as the Commission may in its absolute discretion direct.

(9)

With the approval of the Minister the Commission may, in its discretion, in consideration of long or special services of any officer or servant of the Commission whose case does not come within the scope and effect of the Commission’s provident fund pension scheme or superannuation scheme regulations, pay to the

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officer or servant, on his retirement or discharge, or to any surviving dependants of the officer or servant, upon his death, a gratuity or compassionate allowance on such terms and conditions as the

Commission may determine.

(10)

Any regulations made under subsection (1)(b) may notwithstanding section 20 of the Interpretation Acts 1948 and 1967 [Act 388], be made to operate retrospectively to any date whether before or after the commencement of this Act.

General Manager