SUPPLEMENT TO
FEDERATION OF MALAYA GOVERNMENT GAZETTE
7th Feb., 1957]
FEDERAL
-145
FEDERATION OF Malaya agreement (AMENDMENT NO. 4) 5
(b) be required to retire under the provisions of this
Schedule.
(3) Where the Government has notified the officer that he will continue to be employed in the service of the Government for a specified period such officer may clect in writing within one month of the receipt of such notice whether he will-
(a) continue in the service of the Government; or
(b) retire on the operative date;
and if such officer does not so elect he shall be deemed to have elected to continue in the service of the Government.
operative date.
3. Every entitled officer who has been notified that he is Retirement on required to retire and every entitled officer who has elected to retire on the operative date shall retire on the operative date or at the expiration of any leave for which he may be eligible whichever is the later: provided that he may at his request be permitted to retire at such other date later than the operative date as may be approved by the High Commissioner acting in his discretion.
retirement.
4. On the retirement of an entitled officer in accordance with Compensation the provisions of paragraph 3 he shall be granted, in addition on early to his earned pension or gratuity, compensation for loss of career calculated at the operative date or at the date of his retirement. whichever shall be the more advantageous to him.
5. (1) An entitled officer to whom the provisions of para- Retirement graph 3 do not apply may-
(a) retire at any time after the operative date-
(i) after having given the High Commissioner before on or after the operative date not less than six months previous notice in writing of his intention to retire; and
(ii) after having received the permission of the High
Commissioner acting in his discretion:
Provided that the High Commissioner shall not withhold his permission for an entitled officer to retire unless proceedings for the dismissal of the officer are being taken or are about to be taken;
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(b) be required to retire at the end of the specified period of which notice has been given to the officer under paragraph 2 or at the expiration of any leave for which he may be eligible whichever is the later.
(2) Nothing in this paragraph shall operate to prevent the High Commissioner accepting a shorter period of notice than that prescribed in sub-paragraph (1) of this paragraph.
DI ANDERA, Šugt men [YB)
after operative data.
on subsequent
6. An entitled officer, other than an officer to whom the provi- Compensation sions of paragraph 4 apply shall, on his retirement, be granted, retirement in addition to his earned pension or gratuity, compensation for loss of career calculated—
(a) in the case of an officer retiring before the end of the operative period, at the date during the operative period prior to his retirement which is most advan- tageous to him; or
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660Þ Þ8 SSED NIWAY ABⱭ SUBSHBAO BT:60 26. Add 91
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FEDERATION. O
SUPPLEMENT TO.
SUPPLEMENT TO
ION
FEDERAL
146
6
FEDERATION OF MALAYA GOVERNMENT GAZETTE
[7th Feb., 1957
No: 59 OF 1956
No. 1 of 1951.
Sc
int Pei-
Sec
Termination of service or
continuation
in service.
offic
giver wishe
and th month!
so exe elected
(2) 1 referred notify is stated th
Pension of
(b) in any other case, at the date of his retirement: Provided that the High Commissioner may, for special reasons, certify that an entitled officer, whose retirement has been postponed until after the end of the operative period, shall be deemed, for the purpose of calculating any compensation for loss of career, to have retired during the operative period.
7. (1) On the retirement' in accordance with any of the provi- entitled officer. sions of this Schedule of an entitled officer who at the date of his retirement is an officer of Class A or Class B he shall be granted a pension under the appropriate law as modified by this Schedule. (2) Such entitled officer shall be granted such pension notwith- standing that-
Pension of entitled officer of less than 10 years service.
Gratuity of entitled officer on probation.
Commutation of pension.
(a) he has not attained an age specified in the appropriate law to be necessary to qualify him for the grant of a pension;
(b) he has not been in qualifying service for such period as is required by the appropriate law to render him eligible for the grant of a pension.
8. In the case of an entitled officer who at the date of his retirement is an officer of Class A or Class B and who retires in accordance with any of the provisions of this Schedule, and-
..
(a) who has been in the tin for less than ten
years; and
(b) who was in the service of the Government or of any scheduled Government on or before the twenty- Seventh day of February, 1951,
any pension for which he is eligible, or if his service has included service under a scheduled Government, any pension for which he would have been eligible had his service been wholly in the Federation, shall be computed for the purposes of the appropriate Naw as modified by this Schedule at the rate of one and a half Beven hundred and twentieths of his annual pensionable emolu- ments in respect of each completed month of pensionable service.
9. Notwithstanding any provision of the appropriate law to the contrary an entitled officer who at the date of his retirement is an officer of Class C shall, on retirement in accordance with any of the provisions of this Schedule, be granted a gratuity equal whom the in the amount of the annual pension which he would have been granted under paragraph 7 (ît he naŭ beou an offeer provisions of that paragraph applied and if the emoluments of the office held by him had been pensionable emoluments) multiplied by the factor set out in Table A as appropriate to his age on his birthday last preceding the date of his retirement.
10. An entitled officer to whom a pension is payable may at his option be paid în lieu thereof a reduced pension at the rate of three-fourths or any greater fraction of such pension together with a gratuity equal to the amount of such reduction so made in the pension multiplied by the factor set out in Table A as appropriate to the age of the officer on his birthday last preceding the date of his retirement:
Provided that if such pension does not exceed three thousand
·dollars per annum the officer at his option may be granted in lieu of such pension a gratuity equal to the amount of such pension multiplied by the factor set out in Table Aas appropriate to
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660Þ Þ8 SSEØ NIWⱭU ABⱭ SUBSUBAO 02:60 26. ddy 91
PEARNT. TO
TE
SUPPLEMENT TO.
FEDERATION OF MALAYA GOVERNMENT GAZETTE
Feb., 1957
7th Feb., 1957).
FEDERAL
147
FEDERATION OF MALAYA AGREEMENT (AMENDMENT NO. 4)
7
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inc (3) (c) = Iving apare 11. (1) An entitled officer of Class A or Class C who is trans- Compensation ferred to other public service within the meaning of the appropriate to other publie law shall be eligible to receive compensation in the form of a lump service. sum equal to five times the amount by which his last drawn annual pensionable emoluments in the Federation exceed his initial annual pensionable emoluments in the office to which he is transferred: provided that if an officer has attained his fiftieth birthday he shall receive compensation in the form of a lump sum equal to the amount by which his last drawn annual pensionable emoluments in the Federation exceça nis initial amusi pemzienable emoluments in the office to which he is transferred multiplied by the number of years by which his age falls short of fifty-five. (2) The provisions of this paragraph shall also apply to an officer of Class D who elects to revert to his former public service during the operative period. ·
*
(3) Officers who are eligible for compensation under the provi- sions of this paragraph shall not be eligible to receive any other form of gratuity or compensation under the provisions of this Schedule.
(4) Compensation payable under the provisions of this para- graph shall not exceed the compensation to which an officer would have been entitled had he retired in accordance with the provisions of this Schedule.
abolition of
12. An entitled officer shall not be eligible to receive any Pension for addition to earned pension or gratuity provided for in the appro- office excluded. priate law in respect of abolition of office if he receives compensation for loss of career.
13. The substantive holder of the post of Financial Secretary or the post of British Adviser in any State other than Perlis on the eighth day of February, 1956, may at his option be granted either a pension under the appropriate law in respect of abolition of office or a pension and compensation for loss of career calculated in the manner provided by this Schedule notwithstanding that the date of his retirement may be before the operative date.
Provisions for Secretary and British
Financial
Advisers.
14. The provisions of sub-sections (1) and (2) of section 13 of Exclusion of Lav the Pensions Ordinance, 1951, shall not apply to any pension granted in accordance with the provisions of this Schedule.
15. Where an entitled officer who has not retired, dies, on or at any time after the operative date, there shall be granted to such of his dependants as the High Commissioner may think fit, or if there are no dependants, to his legal personal representative, the gratuity payable under the appropriate law; and in addition there shall be paid to his legal personal representative a sum equal to the compensation for loss of career for which such an officer would have been eligible under the provisions of this Schedule if he had retired on the day of his death:
Provided that there shall be deducted from any sum so paid the amount outstanding of any loan made to the officer under the provisions in paragraph 18.
and (2) of section 13 (1) ab
No. 1 of 1951.
Gratuity and compensation death of
payable on
entitled officer,
16. Save as is otherwise provided in this Schedule, the Application appropriate law shall apply in relation to the grant of pensions and gratuities and to pensions and gratuities granted in pursuance
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