/akn/my-13/state_ordinance/1984/pension-and-other-benefits-yang-di-pertua-negeri-ordinance-1984-ord-no-1-84

Pension and Other Benefits (Yang Di-Pertua Negeri) Ordinance, 1984 ( Ord. No. 1/84 )

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Type: State Ordinance
Status: In force
Enacted: 1984
Sections: 21

Quick answer

About this state ordinance

Pension and Other Benefits (Yang Di-Pertua Negeri) Ordinance, 1984 ( Ord. No. 1/84 ) is Malaysia State Ordinance, cited as State Ordinance 1984 1984, currently marked in force and first recorded in 1984.

Opening note

Preamble

An Ordinance to provide for the payment of pension and other benefits to the Yang di-Pertua Negeri. [The whole Ordinance except section 5—1st May, 1983 Section 5—1.7.84*] *[Swk. L.N. 13/85.] Enacted by the Legislature of Sarawak— Short title, commencement and application

Section 1

(2)

Section 5 shall come into force on such date as the Chief

Minister may, by notification in the Gazette*, appoint.

*1st July, 1984.

[Swk. L.N. 13/85.]

(3)

This Ordinance shall apply to every person appointed to be

Yang di-Pertua Negeri in the State of Sarawak on or after 16th

September, 1963:

Provided that no pension, derivative pension or any other benefits specified in the Schedule shall be granted or payable to the person or his dependants under this Ordinance for period before the commencement of this Ordinance:

And provided further that this Ordinance has no application to a person who is appointed to act as Yang di-Pertua Negeri for the purpose of Article 1(3) of the Constitution.

Ord. No. 1/84

Interpretation

Section 2

In this Ordinance—

“Constitution” means the Constitution of the State of

Sarawak;

G.N.S. 163/1963.

[S.I. No. 1493/1963.]

“dependants” means the dependants referred to in section 9

(1)

;

“last drawn salary” means the last drawn monthly salary actually paid to the holder of the office of Yang di-Pertua Negeri under the Civil List Ordinance, 1963 [Ord. No. 18/63], immediately prior to his retirement or on his ceasing to hold such office;

[Ins. Cap. A27.]

“salary” means the sum payable monthly in respect of the

Privy Purse to the holder of the office of Yang di-Pertua Negeri as provided in section 2 (1) of the Civil List Ordinance, 1963

[Ord. No. 18/63];

“State Authority” means the Majlis Mesyuarat Kerajaan

Negeri;

“Yang di-Pertua Negeri” means any person appointed under

Article 3(1) of the Constitution to be the Head of State (by whatever designation he may be called) in the State of Sarawak but does not include a person who is appointed to act as the Yang di-Pertua Negeri for the purpose of Article 1(3) of the

Constitution.

(YANG DI-PERTUA NEGERI)

Pension

Section 3

There shall be paid to a person who has held the office of

Yang di-Pertua Negeri, for the duration of his life, a monthly pension based on the maximum of half of his last drawn salary or six thousand ringgit (RM6,000.00), whichever is the greater.

[Am. Cap A27.]

Section 4

Retirement on account of injuries

Where the Yang di-Pertua Negeri is injured while serving in office he may, if his retirement is thereby necessitated or materially accelerated, be granted in addition to pension under section 3 an ex-gratia payment as the State Authority may deem just and proper.

Section 5

Other benefits

Yang di-Pertua Negeri, for the duration of his life, the benefits, allowances and other privileges specified in the Schedule.

Section 6

Derivative pension when a person dies while holding office

(2)

Subject to subsection (3), the monthly derivative pension payable under subsection (1) shall be based on the maximum of half of his last drawn salary or six thousand ringgit (RM6,000.00), whichever is the greater.

[Am. Cap. A27.]

(3)

Subject to section 11, the derivative pension granted under subsection (2) shall be payable for a period not exceeding twelve and a half years from the date immediately following the date of death of the person and thereafter the dependants shall continue to receive seventy per centum of the derivative pension payable.

Derivative pension where a person dies within twelve and a half years

Section 7

Subject to section 11, where a person dies within the period of twelve and a half years of his last ceasing to hold the office of Yang di-Pertua Negeri, 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 per centum of the pension payable to the person before his death.

Section 8

Derivative pension where a person dies after twelve and a half years

Subject to section 11, where a person dies after twelve and a half years of his last ceasing to hold the office of Yang di-Pertua

Negeri, his dependants may be granted a derivative pension equivalent to seventy per centum of the pension payable to the person before his death.

Section 9

Dependants eligible to receive derivative pension

(2)

Notwithstanding subsection (1), if a widow was married to a person after that person had ceased to hold the office of Yang di-Pertua Negeri and provided that the marriage was contracted within the period of twelve and a half years of his last ceasing to hold such office, the widow or the child of that marriage shall be eligible to a derivative pension under section 7 for the remaining portion of the twelve and a half years’ period mentioned therein and not thereafter.

Apportionment of derivative pension

Section 10

A derivative pension may be paid to the dependants referred to in section 9(1) in such proportions as the State Authority thinks fit and such derivative pension may be reapportioned whenever such a person dies or ceases to be eligible for such payment.

Section 11

Cessation of derivation pension

A derivative pension granted under this Ordinance shall cease if the recipient—

(a)

is a widow, upon remarriage;

(b)

is a child, upon his marriage;

(c)

is a child, who on or after the age of 21 years ceases to be—

(i)

mentally retarded; or

(ii)

physically and permanently incapacitated and incapable of supporting himself; or

(d)

is a child, who on or after the age of 21 years, ceases to receive education in an institution of higher learning but not beyond education leading to a first degree.

Payment of pension

Section 12

A pension or derivative pension payable under this

(a)

accrue from day to day; and

(b)

be payable monthly on the last day of each month or on such other day of the month as the State Authority may from time to time determine.

Pension not to be assignable, etc.

Section 13

Ordinance shall—

Ordinance 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)

a debt due to the State Government, Federal

Government or any other State Government, or a statutory or local authority; or

(b)

an order of a court for the payment of periodical sums of money towards maintenance of a wife or former wife or child of the person who had ceased to hold the office of Yang di-Pertua

Negeri and to whom a pension under this Ordinance is payable.

Payment without grant of probate or letters of administration

Section 14

(2)

For the purpose of subsection (1), “unpaid” means unpaid by the Government or undrawn by the person to whom such payment is payable.

Section 15

[Deleted by Cap. A27].

Section 16

Pension, etc., ceases under certain circumstances

Notwithstanding the preceding provisions of this Ordinance, no pension, derivative pension or other benefits shall be granted or payable under this Ordinance to any person who has held the office of

(a)

that person voluntarily acquires citizenship of another country or makes a declaration of allegiance to any country other than Malaysia; or

(b)

that person offers himself as a candidate for election as a member of the Dewan Undangan Negeri or the Dewan Rakyat;

(c)

that person has accepted an appointment as a member of the Dewan Negara; or

(d)

that person is elected or appointed to an office in any political party; or

(e)

the Dewan Undangan Negeri, by resolution, resolves that the person has conducted himself in a manner which, in the opinion of the Dewan Undangan Negeri, has lowered the dignity, public esteem or respect for the office of Yang di-Pertua Negeri.

[Sub. Cap. A40.]

Duties or powers of State Authority to be exercised by State

Secretary

Section 17

Yang di-Pertua Negeri if—

The duties or powers expressed to be conferred on or exercisable by the State Authority under this Ordinance other than those under sections 4, 6 and 18 shall, notwithstanding anything in the

Constitution or any written law to the contrary, be conferred on or exercisable by the State Secretary as if the State Secretary has been named thereto instead of the State Authority.

Section 18

Amendment of Schedule

The State Authority may from time to time by order published in the Gazette amend the Schedule.

Section 19

Pensions, etc., charged on Consolidated Fund

The sums required for payment of pension, derivative pension or ex-gratia payment under this Ordinance or for the provision of other benefits, allowances or privileges specified in the

Schedule shall be charged on and paid out of the Consolidated Fund of the State.

Section 20

Repeal

1978 [Ord. No. 2/78], is repealed.

Schedule

[Sub. Swk. L.N. 20/95.]

(Section 5)

BENEFITS ON CEASING TO HOLD THE OFFICE

AS YANG DI-PERTUA NEGERI

Type of Benefits

Particulars of Benefits 1.

STAFF

*Not more than 3 staff, to perform duties as—

(a)

special aide (Scale N.7);

(b)

cook or house-keeper (Scale N.13);

and

(c)

driver (Scale R.10), and the performance of such duties by these staff shall be carried out in Kuching or the town in

Sarawak where the person who had held the office of Yang di-Pertua Negeri resides, unless the State Secretary authorizes in writing the performance thereof outside Sarawak.

ACCOMMODATION

A monthly Housing Allowance of RM2,000.00

(Malaysian Ringgit Two Thousand only).

ELECTRICITY AND

WATER SUPPLY

Costs of electricity and water used to be borne by the Government up to the following monthly limits, viz—

electricity —

RM500.00

water

—

RM100.00

*Note: This provision shall also apply to existing staff still employed immediately before the commencement of the Pension and Other Benefits (Yang di-Pertua Negeri) (Amendment of Schedule) Order, 1995 (Swk. L.N. 20/95).

TELEPHONE

(i)

One fixed telephone (that is, not a mobile or hand-phone);

(ii)

the cost of the installation of such telephone; and

(iii)

rental for that telephone plus costs of calls made therefrom, subject to a limit of RM200.00 (Malaysian Ringgit Two

Hundred only) per month.

MOTOR CAR

A car (of equivalent value of Mercedes Benz 280SEL) fitted with a radio and an air-conditioner, and maintained by the Government, and provision of petrol by the Government up to a limit of RM500.00 per month.

MEDICAL FACILITIES

(i)

Free medical treatment and hospitalization at any

Government hospital or clinic.

(ii)

He and his wife or widow are eligible to a free first class ward (special room) at any Government hospital or clinic or such other hospital as may be approved by the State Authority, while his other dependants are eligible for free normal first class ward.

TRAVELLING AND

TRANSPORT

CHARGES

On ceasing to hold office, if he does not reside in Kuching, the Yang di-Pertua Negeri is entitled to claim from the Government the following expenses—

(i)

first class air passages for him, his wife and his dependant children from

Kuching to his normal place of residence in Sarawak and economy class air passages for his staff;

(ii)

actual charges incurred for packing and transportation of all his personal effects and belongings including labour charges and insurance premia thereby incurred; and

(iii)

actual transportation charges incurred in conveying and transporting all his motor vehicles:

Provided the total amount claimed under

(ii)

and (iii) shall not exceed the sum of

RM8,000.00.

[Ord. No. 1/84]

LIST OF AMENDMENTS

Amending Law

Short Title

In force from

Cap. A27

Pension and Other Benefits ( Yang di-Pertua Negeri) (Amendment)

Ordinance, 1995 31.12.1993

Swk. L.N. 20/95

The Pension and Other Benefits

(Yang Di-Pertua

Negeri)(Amendment of Schedule)

Order, 1995 1.4.1995

Cap. A40

Pension and Other Benefits ( Yang di-Pertua Negeri) (Amendment)

Ordinance, 1996 12.12.1996

Common questions

What is Pension and Other Benefits (Yang Di-Pertua Negeri) Ordinance, 1984 ( Ord. No. 1/84 )?: Pension and Other Benefits (Yang Di-Pertua Negeri) Ordinance, 1984 ( Ord. No. 1/84 ) is Malaysia State Ordinance, cited as State Ordinance 1984 1984, currently marked in force and first recorded in 1984.
Is Pension and Other Benefits (Yang Di-Pertua Negeri) Ordinance, 1984 ( Ord. No. 1/84 ) still in force?: Yes — Pension and Other Benefits (Yang Di-Pertua Negeri) Ordinance, 1984 ( Ord. No. 1/84 ) is currently in force.
When did Pension and Other Benefits (Yang Di-Pertua Negeri) Ordinance, 1984 ( Ord. No. 1/84 ) take effect?: Pension and Other Benefits (Yang Di-Pertua Negeri) Ordinance, 1984 ( Ord. No. 1/84 ) was first recorded in 1984.
How many sections does Pension and Other Benefits (Yang Di-Pertua Negeri) Ordinance, 1984 ( Ord. No. 1/84 ) have?: Pension and Other Benefits (Yang Di-Pertua Negeri) Ordinance, 1984 ( Ord. No. 1/84 ) contains 20 sections.
Where can I read the official version of Pension and Other Benefits (Yang Di-Pertua Negeri) Ordinance, 1984 ( Ord. No. 1/84 )?: The official text of Pension and Other Benefits (Yang Di-Pertua Negeri) Ordinance, 1984 ( Ord. No. 1/84 ) is published at lawnet.sarawak.gov.my.