WIDOWS AND ORPHANS PENSION ACT 1915

Widows and Orphans Pension LAWS OF MALAYSIA REPRINT Act 681 WIDOWS AND ORPHANS PENSION ACT 1915 As at 1 November 2017 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2017 1 2 Act 681 Laws of Malaysia WIDOWS AND ORPHANS PENSION ACT 1915 Revised up to … … … … … 30 November 2007 Date of publication in the Gazette of this revised version ... ... … … … 6 December 2007 Date appointed for coming into force of this revised version pursuant to paragraph 6(1) (xxiii) of the Revision of Laws Act 1968 [Act 1] … … … … 30 November 2007 First enacted in 1915 as F.M.S. Cap. 26 Widows and Orphans Pension 3 LAWS OF MALAYSIA Act 681 WIDOWS AND ORPHANS PENSION ACT 1915 ARRANGEMENT OF SECTIONS Section 1. Short title 3. Pensions to be a charge on Federal Consolidated Fund 2. 4. 5. 5a. 5b. 5c. 5d. 5e. 6. 7. 8. Interpretation Abatement from salaries to be made Period for which abatement shall be made Abatement during period of enemy occupation Contributor retiring under certain laws (Omitted) Exercise of option Contributors who opted to cease to contribute under subsection 5c(3) Contributions where official income is reduced Contributor retiring on account of ill-health Contributor retired on pension 9. Interest of contributors retiring without pension 11. Provisions consequent upon an officer being removed 10. 12. 12a. 13. 14. 15. 16. 17. Refund of contribution to bachelor or widower without children of a pensionable age Contributor transferred to other employment in country where the law provides for granting pensions to widows and children Contributors to Colonial Superannuation Scheme Contributors transferred from Straits Settlements Arrears of contribution under the law of the Straits Settlements Officers contributing to approved schemes Rules for payment when a contributor on leave of absence or pensioner is paid by the Crown Agents Register of contributors to be kept 4 Laws of Malaysia Act 681 Section 18. Penalty for non-compliance with foregoing 20. (Deleted) 19. 21. 22. 23. Calculation of future and existing pensions When widow not entitled to pension Pension when to commence When widow’s pension ceases 23a. Dissolution of marriage 25. Widow but no child by previous marriage 24. 26. 27. 28. 29. 30. 31. 32. 33. When children’s pensions cease Child by one marriage Children by several marriages Widow, and child by previous marriage Widow, and children by several marriages Interest of children when widow’s interest ceases Interest of other children when child’s interest ceases Interest of others when interest of all children of a marriage ceases Children share equally 33a. Adopted children 35. Discretion as to payment of minor’s pension 34. 36. 37. 38. Proof to be produced before payment of pension Pension not assignable Questions and disputes to be decided by Chief Secretary to the Government Rules First Schedule Second Schedule Appendix Widows and Orphans Pension 5 LAWS OF MALAYSIA Act 681 WIDOWS AND ORPHANS PENSION ACT 1915 An Act to provide for the granting of pensions to widows and orphans of public servants and for the management and control of such pensions. [2 July 1915, F.M.S. Ord. No. 75 of 1950] Short title 1. This Act may be cited as the *Widows and Orphans Pension Act. Interpretation 2. In this Act— “contributor” means and includes every person from whose salary or pension deductions are made in accordance with this Act; “entitled officer” means an entitled officer as defined in any of the laws specified in the first column of the Second Schedule who retires under the provisions of such law specified in the second column of the said Schedule; “of a pensionable age” as applied to children means in the case of a male that he is under the age of twenty-one years and in the case of a female that she is under the age of twenty-one years and has not been married; *NOTE—This Act applies to Peninsular Malaysia only. 6 Laws of Malaysia Act 681 *“public servant” means a person holding a pensionable office, an officer serving on probation or on agreement in a pensionable office in the service of the Government or a depositor in the Federated Malay States Railways Provident Fund who has completed 10 years’ satisfactory service with the Government, but does not include any person whose salary is less than twenty ringgit a month or who is not restricted by law to one wife at a time or who is appointed to a pensionable office on probation or on agreement in a pensionable office or becomes holder of a pensionable office on or after 15 June 1970; “the Directors” means such persons not less than three in number as may be appointed from time to time by the Yang diPertuan Agong to carry out the provisions of this Act subject to the control of and to Rules for their guidance made by the Yang di-Pertuan Agong; “the Government” means the Government of the Federation or the Government of any State or Settlement and in respect of the period from 1 April 1946 to 31 January 1948, means the Government of the Malayan Union. Pensions to be a charge on Federal Consolidated Fund 3. (1) Pensions which would have been payable under any former enactment relating to Widows and Orphans Pensions and all future pensions shall after the commencement of this Act be paid under the directions of the Chief Secretary to the Government and are hereby made charges upon the Federal Consolidated Fund. (2) All future contributions and other revenues receivable from public officers under this Act shall be carried to the credit of the Federal Consolidated Fund. Abatement from salaries to be made 4. (1) A monthly abatement shall be made from the **salary or pension of every public servant, and all such abatements shall be paid to the credit of the Federal Consolidated Fund: Provided that, where an officer is serving on probation or on agreement in a pensionable office, he may, within six months *NOTE—Definition shall be read subject to subsections 2(2) and (3) of Act A24. **NOTE—Definition of “salary”: section 12 of F.M. Ord. No. 75 of 1950. Widows and Orphans Pension 7 from the date of the commencement of such service or within such extended period as the Directors may in any particular case allow, by giving notice in writing to the Directors of his desire to do so, elect not to become or to cease to be a contributor, as the case may be, and in such case this Act shall cease to apply to such officer, and there shall be repayable to him the total amount of any contributions which he may have made. (2) The abatement referred to in subsection (1) shall be calculated at the rate of four per centum of the monthly salary of the contributor: Provided that unless and until notice has been given as provided in subsection 6(1), the abatement to be made in the case of a contributor who has retired on pension or who has suffered reduction of salary shall be calculated upon the salary drawn by such contributor immediately prior to such retirement or reduction, as the case may be. (3) In the case of an officer holding or having held a post, the salary of which is on a sterling basis, the abatement shall be made in ringgit at four per centum of such salary converted into ringgit Malaysia at the rate from time to time fixed by the Federal Government for the payment of such salaries or pensions. (4) Contributions shall continue to be made on the full salary whenever an officer is on leave of absence with half salary or without salary. (5) An officer who held a non-pensionable office in the service of the Government and had been appointed to a pensionable office before 15 June 1970, shall be deemed to have entered into the service of the Government on the date of such appointment: Provided that the Minister may from time to time by notification in the Gazette declare any officer, or category or categories of officers to be excluded from this subsection. (6) A depositor in the Federated Malay States Railways Provident Fund shall be deemed to enter the service of the Government on the date upon which he completes 10 years satisfactory service. 8 Laws of Malaysia Act 681 (7) On the retirement of a public servant who is a depositor in the Federated Malay States Railways Provident Fund the abatements to be made under this Act shall be calculated upon the sum to which he would have been entitled as pension if he had been eligible for a pension under the *Pensions Enactment [Cap. 23]. Period for which abatement shall be made 5. (1) Subject to this Act such abatement shall continue to be made until the contributor attains the age of sixty-five years, or until such abatement has been made for thirty-five successive years counting from the first abatement from his original salary, in either of which events such abatement shall cease. (2) The abatement referred to in subsection (1) shall be calculated on the salary of the permanent appointment of the contributor irrespective of any temporary increment of salary which he may derive from an acting appointment and irrespective of personel and other allowances, except pensionable personal allowances which shall be deemed to be part of the contributor’s salary for the purpose of calculating such abatement. Abatement during period of enemy occupation **5a . (1) Notwithstanding anything contained in the foregoing provisions of this Act, where a public servant was not, during the period of enemy occupation and during any period thereafter until his re-appointment in the service of the Government, drawing the full salary or any part of his salary, abatements calculated on the salary for which that public servant would have been eligible in accordance with his salary scheme were it not for the enemy occupation shall be deemed to have been made, during such period or periods, under and in accordance with this Act: Provided that for the purpose of any repayment to contributors as provided in sections 10, 11 and paragraph 12(2)(b) only the contributions actually made shall be taken into account. *NOTE—This Act has been replaced vide Pensions Act 1980 [Act 227]. **NOTE—In force on 01-01-1955. Widows and Orphans Pension 9 *(2) In this section “period of enemy occupation” means the period commencing on 8 December 1941 and continuing to 31 August 1945. Contributor retiring under certain laws 5 b . (1) Every contributor being married or a widower with children of a pensionable age, who is an entitled officer shall, at his option exercisable as hereinafter provided, be entitled either— (a) to cease to contribute, in which case his widow or children, as the case may be, shall be entitled on his death to a pension computed on the basis of the interest acquired by such contributor at the date of his ceasing to contribute in accordance with the Rules and Table contained in the First Schedule; (b) to make a single contribution calculated in accordance with the Rules and Tables contained in the First Schedule, in which case his widow or children, as the case may be, shall be entitled on his death to a pension computed on the basis of the contributor having contributed for the remainder of the period of thirty-five years or until he had attained the age of sixty-five years or, in the event of the contributor dying before the expiration of the said period or attaining the said age, until the date of his death; or (c) after furnishing such proof as the Directors may require that his wife (if any) is in a normal state of health, to cease to contribute and be paid a sum calculated in accordance with the Rules and Tables contained in the First Schedule in which case the rights of the contributor and of his widow and children shall cease. (2) The option shall be exercisable before the expiration of a period of six months from the date of the retirement of the contributor or before 31 December 1958, whichever shall be the later. (3) The exercise by a contributor of the option shall b