JUDGES' REMUNERATION ACT 1971

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 45 JUDGES’ REMUNERATION ACT 1971 As at 1 January 2026 This text is ONLY AN UPDATED TEXT of the Judges’ Remuneration Act 1971 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT 2 JUDGES’ REMUNERATION ACT 1971 … … … ... Date of Royal Assent 30 August 1971 Date of publication in the Gazette … … … ... 2 September 1971 Latest amendment made by P.U. (A) 455/2025 which came into operation on … … … ... 1 January 2026 PREVIOUS REPRINTS First Reprint Second Reprint Third Reprint Fourth Reprint … … … … … … … … … … … … … … … … … … … … 1979 1993 1999 2006 3 LAWS OF MALAYSIA Act 45 JUDGES’ REMUNERATION ACT 1971 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and application 1A. Interpretation PART II SALARIES AND ALLOWANCES OF JUDGES 2. Salaries and allowances of Judges PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS 3. Pension and other benefits of Judge 4. Computation and amount of pension of Judge 5. Period for maximum pension 6. Guaranteed pension period 7. Gratuity 7A. Period of service as Judicial Commissioner 8. Pension and gratuity in certain cases of retirement, resignation and ceasing to hold office 8A. Retirement on ill-health 8 B. Retirement on special ground 4 Laws of Malaysia ACT 45 Section 8 C. Service in another capacity in the national interest 9. Special provision for Chief Justice, President and Chief Judge 10. Derivative pension and derivative gratuity where Judge dies in service 11. Derivative pension where Judge dies in retirement 11A. Circumstances in which payment of derivative pension shall not be made or shall cease 11B. Disability pension for Judge 11C. Dependant’s pension 11D. Provisional award where amount of pension or other benefit yet to be determined 11E. Payment without probate or letters of administration 12. Judges appointed from the public service 13. Pension not assignable or transferable, etc. 14. Consequential amendments 15. Saving PART IIIA ADJUSTMENT OF PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS 15A. Application of Part 15B. Adjustment of pensions and other benefits of Judges and dependants PART IV GENERAL 16. Election 17. Payment of pension or other benefit 18. Charge on the Consolidated Fund 19. Regulations 19A. Remuneration of Judicial Commissioners 20. Repeal FIRST SCHEDULE Judges’ Remuneration Section SECOND SCHEDULE THIRD SCHEDULE (Deleted) FOURTH SCHEDULE (Deleted) FIFTH SCHEDULE 5 7 LAWS OF MALAYSIA Act 45 JUDGES’ REMUNERATION ACT 1971 An Act to provide for the remuneration of Judges and for the pensions and other benefits of their dependants, and for matters connected therewith. [Throughout Malaysia—3 September 1971] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title and application 1. (1) This Act may be cited as the Judges’ Remuneration Act 1971. (2) This Act applies to the office of Judge. Interpretation 1A. In this Act, unless the context otherwise requires— “child” means a child of a deceased Judge— (a) who is a child under twenty-one years of age and includes— 8 Laws of Malaysia ACT 45 (i) a posthumous child, a dependent step-child and an illegitimate child of the Judge; and (ii) a child adopted by the Judge under any written law relating to adoption or under any custom or usage, on satisfactory proof of such adoption; and (b) who is a child of any age and is mentally retarded or physically and permanently incapacitated and is incapable of supporting himself; “current salary” means the latest appropriate salary specified in the First Schedule which is payable to a Judge; “dependant” means a spouse, a child, the mother or the dependent father of a deceased Judge; “Judge” means a Judge of the Federal Court, of the Court of Appeal or of the High Court and includes the Chief Justice, President and a Chief Judge; “Judicial Commissioner” means a person appointed to be a full-time Judicial Commissioner under Article 122AB of the Federal Constitution; “last drawn salary” means the actual last drawn monthly substantive salary of a Judge, specified in the First Schedule, prior to his death or retirement; “pension and other benefit” or “pension or other benefit” includes pension, disability pension, gratuity, derivative pension, dependant’s pension and derivative gratuity granted, or granted and adjusted, under this Act, but does not include any allowance or other privilege specified in the Second Schedule; “remuneration” shall have the meaning assigned to that expression in Clause (2) of Article 160 of the Federal Constitution; “retirement” means— (a) retirement from the office of Judge under paragraph 8(a); Judges’ Remuneration 9 (b) retirement from such office under section 8A or 8B; (c) resignation from such office under paragraph 8(c); or (d) ceasing to hold such office under paragraph 8(d); “spouse” means the surviving husband or a surviving wife of a deceased Judge whose marriage to the Judge is recognized in Malaysia as a valid marriage under any written law, custom, religion or usage. PART II SALARIES AND ALLOWANCES OF JUDGES Salaries and allowances of Judges 2. (1) There shall be paid to each of the Judges mentioned in the first column of the First Schedule salaries as may be specified in the corresponding second column of the said Schedule with effect from the date specified in the corresponding third column thereof. (2) There shall be paid or accorded to each of the Judges mentioned in the first column of the Second Schedule such allowances or other privileges as may be specified in the said Schedule with effect from the date specified in the corresponding second column thereof. PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS Pension and other benefits of Judge 3. A Judge shall on his retirement be entitled to a pension and other benefits in accordance with this Act. 10 Laws of Malaysia ACT 45 Computation and amount of pension of Judge 4. (1) Subject to this Part, a Judge’s pension shall be computed at the rate of 1/360 of his last drawn salary in respect of each completed month’s service as a Judge: Provided that in no case shall the pension so computed be more than 3/5 of his last drawn salary but without prejudice, however, to any adjustment of pension to his advantage that may be made in accordance with Part IIIA. (2) For the purpose of computing a Judge’s pension, the period of service of a Judge in another capacity under section 8C shall be counted as the period of service as a Judge. Period for maximum pension 5. (1) For the purpose of computing a Judge’s pension, the period of service for him to qualify for maximum pension shall be 18 years service as a Judge. (2) For the purposes of subsection (1), where a Judge has, as required by the Yang di-Pertuan Agong under paragraph 8C(1)(b), relinquished his office in order to serve in another capacity for any period in the national interest and having completed his tour of duty in the other capacity— (a) is immediately reappointed to the office of a Judge, the period of his service as a Judge before, and the period during which he served in that other capacity after, he relinquished his office as a Judge shall be counted as period of service as a Judge; or (b) is not reappointed to the office of a Judge by virtue of him having reached his retirement age pursuant to subsection 8C(3), the period of his service as a Judge before, and the period during which he served in that other capacity until he attains his retirement age after, he relinquished his Judges’ Remuneration 11 office as a Judge shall be counted as period of service as a Judge. Guaranteed pension period 6. Subject to this Act, the pension and any other benefit payable under this Act shall continue for the life of that person to whom it is granted. Gratuity 7. A Judge who is entitled to a pension under this Act shall also be entitled to a gratuity of an amount computed at the rate of seven and a half per centum of the amount arrived at by multiplying his total completed months of service as a Judge by his last drawn salary. Period of service as Judicial Commissioner 7A. (1) For the purpose of computing a Judge’s pension and gratuity under this Act, the period of his service as a Judicial Commissioner immediately before his appointment as a Judge shall be counted as part of his period of service as a Judge. (2) Subsection (1) shall apply to a Judge who is still in service or has retired from service before the commencement of this section. (3) Notwithstanding subsection (1), where any pension or gratuity has been paid to a Judge under any other law for the same period as the period which shall be counted as part of his period of service as a Judge, his pension and gratuity under this Act shall be reduced by the amount so paid. Pension and gratuity in certain cases of retirement, resignation and ceasing to hold office 8. Where a person— 12 Laws of Malaysia ACT 45 (a) retires from the office of a Judge on attaining the age of sixty-six years or such later time, not being later than six months after he attains that age, pursuant to Clause (1) of Article 125 of the Federal Constitution; (b) retires from the office of a Judge of the Federal Court, of the Court of Appeal or of the High Court under section 8A or 8B; (c) resigns from the office of a Judge after he has held the office of a Judge for a continuous period of not less than five years, including the period of his service as Judicial Commissioner immediately before his appointment as a Judge; or (d) ceases to hold such office before attaining the age of sixty-six years or at any time after he attains that age if he is holding such office pursuant to Clause (1) of Article 125 of the Federal Constitution on grounds of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office, he shall be entitled to a pension and a gratuity appropriate to his case under this Act: Provided that the amount of pension granted to a person who retires from such office in the circumstances referred to in paragraph (d) or in section 8A shall not be less than 1/5 of his last drawn salary but without prejudice, however, to any adjustment of pension to his advantage that may be made in accordance with Part IIIA. Retirement on ill-health 8A. (1) A Judge who has not attained the age of sixty years may make representations in writing to the Chief Justice for permission to retire on grounds of ill-health. (2) On receiving any representations from a Judge under subsection (1), the Chief Justice may constitute, in consultation with Judges’ Remuneration 13 the Director General of Medical Services, a board of not less than three Medical Officers who have served for not less than ten years in the public service and of whom at least one is a person possessing specialist qualification in the branch of medicine relevant to the ill-health of the Judge concerned, to inquire into and report to the Chief Justice as to the health of the said Judge. (3) Upon receipt of the report of such board of Medical Officers, the Chief Justice may, if satisfied that it would be in the interests of judicial administration that such Judge be granted permission to retire, recommend to the Prime Minister that permission be so granted to the said Judge; and the Prime Minister may thereupon submit the matter to the Yang di-Pertuan Agong who shall refer the same to a tribunal appointed by him in accordance with Clause (4) of Article 125 of the Constitution for its recommendations