This Act may be cited as the *Widows and Orphans Pension Act.
Act 681
Widows and Orphans Pension Act 1915
Akta pencen balu dan anak yatim 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.
Data synced
Text as at 1 January 2015 (LOM reprint); amendments made after that date may not be incorporated.
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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.
* “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 di- Pertuan 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.
(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.
* NOTE – Definition shall be read subject to subsection 2(2) and (3) of Act A24.
(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 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
* NOTE—Definition of “salary”: section 12 of F.M. Ord. No. 75 of 1950.
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.
(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].
(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.
* NOTE—This Act has been replaced vide Pensions Act 1980 [Act 227].
(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. **
(2) In this section “period of enemy occupation” means the period commencing on 8 December 1941 and continuing to 31 August 1945.
(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
* NOTE—In force on 01-01-1955. ** NOTE—In force on 11-12-1950.
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 be irrevocable.
(4) The option shall be exercisable by written notification addressed to the Yang di-Pertuan Agong.
(Omitted).
(1) Every contributor shall at his option exercisable as hereinafter provided, be entitled either to cease to contribute or to continue to contribute in accordance with this Act.
* NOTE—This section inserted vide Emergency (Essential Powers) Ordinance No. 33, 1970 [P.U. (A) 184/1970] was later repealed vide Widows and Orphans Pension (Amendment) Act 1972 [Act A96].
(2) If a contributor who on 15 June 1970 was a bachelor, opts to cease to contribute under subsection (1), any rights accrued under this Act shall cease and there shall be payable to him, a sum representing the amount of contributions which he has made up to that date together with compound interest thereon calculated with annual rests at the rate of two and one-half per centum and the amount of any contributions which he may have made after that date without any interest thereon.
(3) If a contributor who on 15 June 1970 was a widower without children of a pensionable age, opts to cease to contribute under subsection (1), any right accrued under this Act shall cease and there shall be payable to him, a sum representing the amount of contributions which he has made up to that date since the death of his last wife or the ceasing to be of a pensionable age of his last child, whichever event shall last have happened together with compound interest thereon calculated with annual rests at the rate of two and one-half per centum and the amount of any contributions which he may have made after that date without any interest thereon.
(4) If a contributor who on 15 June 1970 was married or was a widower with children of a pensionable age, opts to cease to contribute under subsection (1), the rights of such contributor and of his widow and children under this Act shall cease and there shall be payable to him a sum representing an amount computed on the basis of the interest acquired by him at that date in accordance with Tables D, E and F contained in the First Schedule and the amount of any contributions which he may have made after that date without any interest thereon.
(5) (a) The option shall be exercisable by written notification addressed to the Directors before a date to be appointed by the Minister by notification in the *Gazette. Different dates may be appointed for contributors who are still in the service of the Government and contributors who have retired from the service of the Government:
* NOTE—See P.U. (B) 194/1972.
Provided that the Directors may, if they think proper in the circumstances, accept an option received after the date appointed under this subsection.
(b) The exercise by a contributor of the option shall be irrevocable.
(6) If a contributor opts to cease to contribute under subsection (1), his contribution shall cease to be made on the first day of the second month following the month in which the written notification under subsection (5) was received by the Directors.
(7) If a contributor does not exercise the option within the period provided under subsection (5), he shall be deemed to have opted to continue to contribute in accordance with this Act.
(1) Where a contributor who on 15 June 1970 was married or was a widower with children of pensionable age, opted to cease to contribute in accordance with subsection 5C(3) (as inserted by the * Emergency (Essential Powers) Ordinance No. 33, 1970), there shall be payable—
(a) to him at his option exercisable as hereinafter provided; or
(b) to his legal representative if he dies without a widow or children before the appointed date,
a sum computed on the basis of the interest acquired by him at that date in accordance with Tables D, E and F contained in the First Schedule, and the amount of any contributions which he may have made after that date without any interest thereon.
* NOTE-The Ordinance is repealed by Act A96.
(2) (a) Such contributor may before the appointed date notify the Directors in writing that he opts to accept payment under subsection (1), in which case the rights of such contributor and of his widow and children shall cease:
Provided that the Directors may, if they think proper in the circumstances, accept an option received after the appointed date.
(b) The exercise by a contributor of the option shall be irrevocable.
(3) If such contributor does not exercise the option as provided under subsection (2), no payment under subsection (1) shall be made, and 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 him at the date of his ceasing to contribute in accordance with the Rules and Tables contained in the First Schedule.
(4) No payment under subsection (1) shall be made if the contributor dies before the appointed date leaving a widow or a child or children of pensionable age.
(5) In this section, “appointed date” means the date appointed under subsection 5D(5).
(1) If the official income of a contributor becomes reduced, whether by reduction of salary or by his retirement on a pension, he may, upon giving notice in writing to the Directors of his desire to do so, contribute for the remainder of the thirty-five years or until he attains the age of sixty five, upon the actual amount of his salary or pension, as the case may be, in which case his widow or children shall, subject as hereinafter provided, be entitled to pension accordingly; or, if such reduction of official income is due to retirement on a pension on account of ill health, he may, upon giving notice in writing of his desire to do so, cease to contribute.
(2) If a contributor who has retired on a pension on account of illhealth and has given notice as provided in subsection (1) that he desires to contribute on the actual amount of his pension dies within three years of the date of his retirement, his widow or children shall be entitled to a pension computed on the basis of the interest acquired by such contributor at the date of his retirement in accordance with the Rules and Tables contained in the First Schedule.
(3) If a contributor who has retired on pension on account of illhealth and has given notice as provided in subsection (1) that he desires to cease to contribute dies within two years of the date of his retirement, his widow or children shall be entitled to a pension computed on the basis of the interest acquired by such contributor at the date of his retirement in accordance with the Rules and Tables contained in the First Schedule.
(4) Any notice given by a contributor under subsection (1) shall be irrevocable, except in the case of an entitled officer who, having retired before 31 August 1957, exercises his option under section 5B before 31 December 1957.
(5) Where such reduction of official income is due to retirement on a pension and the contributor draws a pension not only from the Federation but also from the Colony of the Straits Settlements, or from any Malay State under the protection of the British Government, he shall, if he elects to contribute on his pension in accordance with subsection (1), contribute on the aggregate amount of the pensions granted to him by the Federation and by the said Colony, and by any such Malay State and such aggregate amount shall for the purpose of this section and subject to subsection (7) hereof be deemed to be his reduced official income.
(6) Where a contributor only contributes on his reduced official income, any pension to his widow or children shall be diminished in the same proportion as it would have been increased had his rate of contribution been raised instead of being lowered.
(7) The pension of a contributor to whom a gratuity and reduced pension have been granted shall, for the purpose of calculating the
amount of the abatements to be made under this section, be deemed to be the equivalent of four-thirds of such reduced pension.
(8) For the purposes of this section a contributor to the Federated Malay States Railways Provident Fund who retires under the provisions of the Federated Malay States Railways Provident Fund Enactment 1936 [En. 21 of 1936], shall be deemed to have retired on pension and to be in receipt of a reduced official income.
If a contributor who holds a pensionable office retires on account of ill-health before he is entitled to a pension and dies within two years of the date of his retirement, his widow or children shall be entitled to a pension computed on the basis of the interest acquired by such contributor at the date of his retirement in accordance with the Rules and Tables contained in the First Schedule.
If a contributor who has retired on a pension subsequently ceases to have a wife or child who would on his death be entitled to pension, he shall thereupon cease to contribute and his rights under this Act shall cease.
(1) A married contributor or a contributor who is a widower with children of a pensionable age who retires from the service of the Government before he is entitled to a pension may continue to contribute from and after the date of his ceasing to draw salary on the salary which he was receiving from the Government at such date and at the same rate and subject to the same terms and conditions as if he had continued in the service of the Government:
Provided that as soon as such contributor ceases to have a wife or child who would on his death be entitled to pension he shall forthwith cease to contribute and his rights under this Act shall cease.
(2) In the event of any such contributor failing to contribute, or in the event of any contribution due from him being in arrear for six months, it shall be considered that he has ceased to be a contributor and his widow or children, as the case may be, shall be entitled on his death to a pension computed only on the basis of the interest acquired by such contributor at the date of his ceasing to contribute in accordance with the Rules and Tables contained in the First Schedule.
(1) If a contributor being a bachelor or a widower without children of a pensionable age retires from the service of the Government, he shall cease to contribute and his rights under this Act shall cease, except as provided in subsection (2).
(2) If a contributor being a bachelor or a widower without children of a pensionable age dies while in the service of the Government or retires from the service of the Government there shall be payable to him or to his legal representative—
(a) if such contributor is a bachelor, the total amount of his contributions together with compound interest thereon calculated with annual rests at the rate of two and one-half per centum; and
(b) if such contributor is a widower without children of a pensionable age, the total amount of the contributions which he has paid since the death of his last wife or the ceasing to be of a pensionable age of his last child, whichever event shall last have happened together with compound interest thereon calculated with annual rests at the rate of two and one-half per centum.
A contributor who is removed from the service of the Government shall cease to contribute under this Act, and
(a) where such contributor is a bachelor, the total amount of his contributions under this Act shall be repaid to him together with compound interest thereon calculated with annual rests at the rate of two and one-half per centum subject to the deduction of any sums due by him to the Government;
(b) where such contributor is a widower without children of a pensionable age, the total amount of the contributions which he has paid since the death of his last wife or the ceasing to be of a pensionable age of his last child, whichever event shall have last happened, shall be repaid to him together with compound interest thereon calculated with annual rests at the rate of two and one-half per centum subject to the deduction of any sums due by him to the Government;
(c) where such contributor is married or is a widower with children of a pensionable age, his widow or children, as the case may be, shall be entitled to a pension computed on the basis of the interest acquired by such contributor at the date of the cessation of his contributions in accordance with the Rules and Tables contained in the First Schedule.
s 12Contributor transferred to other employment in country where the law provides for granting pensions to widows and childrenOpen ↗
(1) When a contributor is transferred from the service of the Government to other employment under the Government of a British Dominion, Colony, Protected State or Protectorate or a territory in respect of which a mandate, or trusteeship on behalf of the League of Nations or the United Nations is being exercised by His Majesty, where provision is made by law for the granting of pensions to widows and children of persons employed in its service, he shall
cease to contribute under this Act so soon as he shall become a contributor under that law, but so that nevertheless—
(a) his widow or children, as the case may be, shall be entitled on his death to a pension computed on the basis of the pension rights acquired by such contributor at the date of the cessation of his contributions in accordance with the Rules and Tables contained in the First Schedule;
(b) if he retires or is removed from the service of such Dominion, Colony, Protected State, Protectorate or territory or dies while in the service thereof and is at the time of such retirement, removal, or death a widower without children of a pensionable age or a bachelor, section 10 or 11, as the case may be, shall be deemed to apply.
(2) (a) When a contributor is transferred to such Dominion, Colony, Protected State, Protectorate or territory (other than North Borneo) where no provision has been made by law for granting such pensions as aforesaid, such contributor shall—
(i) if married or a widower having children of a pensionable age be entitled, on giving notice in writing to the Directors within one month after his transfer from the service of the Government of his desire to do so, to continue to be a contributor on the salary of the last substantive appointment held by him in the Federation at the date of his transfer, at the same rate and subject to the same terms and conditions as if he had continued in the service of the Government;
(ii) if then a widower without children of a pensionable age or a bachelor be entitled to elect, on giving the notice required to be given under subparagraph (i), to continue to contribute as is provided in the said paragraph or to be paid the total amount without interest of his contributions.
(b) In the event of the contributions of any such contributor being in arrear for six months it shall be considered that he has ceased to be a contributor and his widow or his widow and children, as the case may be, shall be entitled on his death to a pension computed only on the basis of the pension rights acquired by such contributor at the date of his ceasing to contribute in accordance with the Rules and Tables contained in the First Schedule.
(c) When any such contributor, being a widower without children of a pensionable age or a bachelor, has elected to continue to contribute, then if he retires or is removed from the service of such Dominion, Colony, Protected State, Protectorate or territory or dies while in the service thereof and is at the time of such retirement, removal, or death a widower without children of a pensionable age or a bachelor, section 10 or 11, as the case may be, shall be deemed to apply.
(d) When any such contributor, being a widower without children of a pensionable age or a bachelor, has elected to be paid the total amount without interest of his contributions, then on such payment being made his rights and liabilities under this Act shall cease.
(3) (a) When a contributor, whether married or a bachelor, is transferred to North Borneo, such contributor shall continue to be a contributor under this Act on the salary which for the time being he may be entitled to receive in respect of any office held by him in the service of North Borneo at the same rate and subject to the same terms and conditions as if he had continued in the service of the Government.
(b) In the event of the contributions of such contributor to the Government being in arrear, such arrears together with interest thereon at the rate of six per cent, shall be recoverable from such contributor as a debt due to the Government or shall be deducted from any salary which may subsequently be payable to him by the Government.
(4) Where a contributor either elects or is bound under subsection
(2) or (3) to continue his contribution after being transferred as
aforesaid, he may cease to contribute under this Act so soon as the Government of the Dominion, Colony, Protected State, Protectorate or territory in whose service he shall be employed shall have made provision by law for granting pensions to widows and children of persons employed in its service and he shall have become a contributor under that law; but so that nevertheless, in the event of his so electing to cease contributing—
(a) his widow or children, as the case may be, shall be entitled on his death to a pension computed on the basis of the pension rights acquired by such contributor at the date of his so ceasing to contribute in accordance with the Rules and Tables contained in the First Schedule;
(b) if he retires or is removed from the service of such Dominion, Colony, Protected State, Protectorate or territory or dies while in the service thereof and is at the time of such retirement, removal, or death a widower without children of a pensionable age or a bachelor, section 10 or 11, as the case may be, shall be deemed to apply.
(5) As soon as provision is made by the law of North Borneo for granting pensions to widows and children of persons employed in the service of that Colony, subsection (1) shall apply.
(1) If any contributor, or any officer who would, but for this section, be liable to contribute under this Act, becomes a contributor to the Colonial Superannuation Scheme in respect of dependants’ benefits he shall, on written application made within three months after the date on which he first became a contributor under the said Scheme, or within such extended period as the Directors may, in any particular case, allow, be exempted by the Directors from contributing under this Act, so long as he continues to contribute to the said Scheme.
(2) An exemption granted under subsection (1) shall take effect from the date upon which such contributor or officer first became a
contributor to the said Scheme, and there shall be repayable to him the total amount of any contributions which he may have made under this Act since the said date.
(3) Subsection 12(1) shall apply to a contributor who has been exempted under subsection (1) as if he had been transferred to other employment within the meaning of that subsection.
(4) An officer who has contributed to the Colonial Superannuation Scheme for the full period required by the said Scheme and has by such contributions provided a pension for his widow or children, shall be deemed for the purposes of subsection (1) to be still contributing to such scheme.
* Contributors transferred from Straits Settlements
When an officer in the service of the Colony of the Straits Settlements who is a contributor under the Widows’ and Orphans’ Pension Ordinance [S.S. Cap. 79] of the said Colony has been transferred to the service of the Government, he shall forthwith become a contributor under this Act on the full salary to which he shall from time to time be entitled in the service of such Government:
Provided that the period during which he has contributed under the Widows’ and Orphans’ Pension Ordinance of the said Colony shall be taken into account in reckoning the period of thirty-five years referred to in section 5.
When an officer in the service of the Colony of the Straits Settlements who is a contributor under the Widows’ and Orphans’ Pension Ordinance of the said Colony has been transferred to the service of any Malay State where no provision has been made by law for the granting of pensions to widows and children of persons
* NOTE—See section 11 of F.M. Ord. No. 75 of 1950.
employed in its service and the contribution of such contributor under the said Widows’ and Orphans’ Pension Ordinance is in arrear, such arrears shall be deducted from any salary which may subsequently be payable to him by the Government.
(1) When an officer, who is a contributor to an approved scheme, is transferred to the service of the Government, and continues after such transfer to contribute to such scheme, he shall, on written application, be exempted by the Directors from contributing under this Act, so long as he continues to contribute to such scheme.
(2) No application for exemption under subsection (1) shall be valid unless it is received by the Directors within three months or within such extended period as the Directors may, in any particular case, allow from the commencement of this Act, or from the date when such officer arrives to assume duty in the service of the Government, whichever is the later.
(3) An officer who has contributed to an approved scheme for the full period required by such scheme and has by such contributions provided a pension for his widow or children, shall be deemed for the purposes of subsection (1) to be still contributing to such scheme.
(4) An officer exempted under subsection (1) shall not subsequently become a contributor under this Act unless either he ceases to contribute to such approved scheme or, having left the service of the Government, he is subsequently reappointed to it.
(5) Nothing in this section shall exempt an officer who on reappointment to the service of the Government is already a contributor under this Act, from continuing his contributions under this Act.
(6) Where an officer who is a contributor to an *approved scheme is transferred to the service of the Government, and ceases after such transfer to contribute to such scheme, any period during which he was a contributor to such approved scheme shall be taken into account in reckoning the period of thirty-five years referred to in section 5.
(7) In this section, “approved scheme” means a scheme for the granting of pensions to widows and children of officers, which has been declared by the Secretary of State to be an approved scheme for the purposes of this section.
s 16Rules for payment when a contributor on leave of absence or pensioner is paid by the Crown AgentsOpen ↗
(1) When a contributor on leave of absence is paid by the Crown Agents, he shall be entitled to receive ninety-six or forty-six per cent of his nominal salary, according as he is on full or half pay leave, converted in the case of ringgit salaries into sterling at the rate of exchange at which such contributor is entitled to receive such salary.
(2) When a contributor receives his pension through the Crown Agents, such pension—
(a) if a ringgit pension, shall be reduced by the amount of his ringgit contributions and the balance thus reduced shall be payable to him converted into sterling at the rate of exchange at which he is entitled to receive such pension; and
(b) if a sterling pension, shall be payable to him reduced only by four per cent of his sterling salary or pension, as the case may be.
* NOTE—For approved schemes see— 1. LN 45/1950 2. LN 527/1952 3. LN 368/1956 4. F.M.G.N. 1828/58 5. F.M.G.N. 2215/54
(1) A register shall be kept by the Directors in which shall be entered the date of the birth of every contributor and, if he be married, the dates of the births of his wife and children (if any) and all other dates and particulars respecting contributors and their families material to be recorded for the purposes of this Act.
(2) Every public servant who enters the service of the Government subsequently to the commencement of this Act shall within six months after the date thereof notify the Directors the date of his birth, and if he be a married man the date of his marriage and of the births of his wife and children (if any), all duly proved to the satisfaction of the Directors by affidavit or otherwise.
(3) Every contributor who marries or whose marriage is annulled or dissolved by a decree of a competent Court shall, within three months after the date of such marriage or decree, as the case may be, notify the same to the Directors in writing and, in the case of his marriage, state the date of birth of his wife, duly proved as aforesaid.
(4) Every contributor shall notify to the Directors in writing the birth of each child born to him within three months from the date of such birth, duly proved as aforesaid, and the marriage of any female child under the age of twenty-one within three months from the date of such marriage, and also within three months from the date of the event the death of his wife or any of his pensionable children.
(5) After the death of any contributor notice of such death and of the birth of any posthumous child born to such contributor, duly proved as aforesaid, and of the marriage of any female child of such contributor under the age of twenty-one years, and of the death of any child of such contributor under the age of twenty-one years shall be given in writing by the widow of such contributor to the Directors within three months after the date of the event.
(1) A contributor or widow who fails or neglects to comply with any of the requirements of the foregoing section shall for each default pay a fine not exceeding twenty-five ringgit, which shall be deducted from his or her salary or pension, as the case may be, by the Treasurer on the certificate of the Directors.
(2) A contributor who wilfully makes any false statement respecting any of the particulars required to be furnished by this Act shall forfeit at the discretion of the Directors all or any part of his rights under this Act.
(1) The prospective pensions of the widows and orphans of public officers contributing under any former Widows and Orphans Pension Enactment on the day previous to the commencement of this Act and the existing pensions of the widows and orphans of any former public officers who died previous to that date shall be payable on the basis of the Rules and Tables contained in the First Schedule:
Provided that in any case in which the pension already guaranteed under the Rules and Tables previously in force would be in excess of the amount to be calculated under the Rules and Tables contained in the First Schedule the higher amount shall be allowed and guaranteed.
(2) All pensions accruing after the commencement of this Act in respect of increments of salary of existing public officers and in respect of original salary and increments of salary of future public officers shall be calculated according to the Rules and Tables contained in the First Schedule.
(3) In the case of contributions made in the manner provided in section 4 for officers holding or having held posts the salary of which is on a sterling basis, such contributions shall for the purpose of calculating pensions be deemed to be fixed sterling contributions and the pensions shall accordingly be fixed and payable in sterling or if
paid in the Federation shall be converted into ringgit at the rate annually or periodically fixed by the Federal Government for the payment in the Federation of officers salaries or pensions.
(Deleted by F.M. Ord. 75 of 1950).
(1) (a) No widow whose marriage was contracted after her husband has completed his thirty-five years of contribution or has attained the age of sixty-five or has retired on a pension or has retired or been removed from the service of the Government before he was entitled to a pension and no issue of such marriage; and
(b) No widow whose husband dies within twelve calendar months of the marriage without issue of such marriage born in his lifetime or in due time after his death shall be entitled to any pension under this Act:
Provided always that the Yang di-Pertuan Agong may, if he shall think fit, allow to such last-mentioned widow all or any part of the pension to which she would have been entitled but for the last preceding paragraph.
(2) References to “widow” and to “child or children of a pensionable age” hereinafter in this Act contained, shall not include a widow whose marriage was contracted in the circumstances mentioned in paragraph (1)(a) and the issue of such marriage.
The pension payable to a widow or child or children under this Act shall commence upon the death of the husband or father or mother, as the case may be, shall accrue daily, and shall be payable monthly free from any deduction.
A widow’s pension shall cease on her death or remarriage or on her becoming a bankrupt. When a widow’s pension ceases in her lifetime, she shall for the purposes of this Act be deemed to have died at the time of such cesser:
Provided always that if a widow’s pension ceases in her lifetime by reason of her bankruptcy the Chief Secretary to the Government may from time to time during the remainder of her life, or during such shorter period or periods either continuous or otherwise as he shall think fit, direct the payment of all or any part of so much (if any) of the said pension as is not for the time being payable to any child or children of such widow or of any husband of hers under this Act to, or apply the same for the maintenance and personal support or benefit of, such widow in such manner as he shall from time to time think proper.
Where the marriage of any contributor has been annulled or dissolved by the decree of any competent Court, the wife, party to such marriage, shall for all purposes of this Act be deemed to have died, and the contributor to have become a widower, at the date of such decree.
Children’s pensions shall cease in the case of a male on his attaining the age of twenty-one years and in the case of a female on her attaining the age of twenty-one years or marrying under that age.
If a contributor dies leaving a widow but no child of a pensionable age by a previous marriage, the widow shall be entitled
to receive a pension calculated according to the Rules and Tables contained in the First Schedule applicable to her case under this Act.
If a contributor dies leaving no widow but a child or children of a pensionable age by one marriage, such child or children shall be entitled to receive the pension which his or their mother would have been entitled to if she had survived the contributor.
If a contributor dies leaving no widow but children of pensionable age by two or more marriages, the child or children of each marriage shall be entitled to receive one-half, one-third, or one-quarter (as the case may be) of the pension which his or their mother would have been entitled to if she had survived the contributor and there had been no child by any other marriage.
If a contributor dies leaving a widow and also a child or children of pensionable age by one previous marriage—
(i) the widow shall be entitled to receive one-half of the pension which she would have been entitled to receive if there had been no such child or children; and
(ii) such child or children shall be entitled to receive one-half of the pension which his or their mother would have been entitled to if she had survived the contributor.
If a contributor dies leaving a widow and children of pensionable age by two or more marriages—
(i) the widow shall be entitled to receive one-third or onequarter, as the case may be, of the pension which she would have received if there had been no child by a previous marriage;
(ii) the child or children of each previous marriage shall be entitled to receive one-third or one-quarter as the case may be, of the pension which his or their mother would have been entitled to if she had survived the contributor and there had been no child by any other marriage.
When the widow of a contributor ceases to be entitled to a pension, the child or children of a contributor shall be entitled to receive the pension which he or they would have been entitled to receive if such widow had predeceased the contributor.
If any child dies or ceases to be of pensionable age, the surviving children of the same marriage shall be entitled to receive the pension to which they would have been entitled if such child had predeceased the contributor.
When all the children of any marriage cease to be of pensionable age, then the person or persons entitled under the preceding sections shall be entitled to receive the pension which he or they would have been entitled to receive if there had been no child of such marriage of pensionable age living at the death of the contributor.
Where children of any marriage are entitled to any pension they shall take the same in equal shares.
(1) A child adopted by a contributor while he is married to any wife shall, for the purpose of this Act, be deemed to be the child of the contributor by that marriage if—
(a) the contributor adopted the child before he retired from the public service;
(b) the contributor was under the age of fifty-five years at the date of the adoption; and
(c) the adoption is registered under the Adoptions Ordinance 1952 [No. 41 of 1952] or is valid according to the law of the place of domicile of the contributor at the date of the adoption or is valid under any written law corresponding to the Adoptions Ordinance 1952, of the place where the contributor was resident at the date of the adoption.
(2) The child of a contributor who has been adopted by any other person in circumstances in which if the adoption had been made by a contributor it would have been valid in accordance with paragraph
(1)(c) shall not be entitled to receive a pension under this Act unless the contributor so elects by notice in writing given to the Directors within twelve months of the date of the adoption or within twelve months of the date of the coming into force of this section, whichever is the later, or within such extended period as the Directors may in any particular case allow.
(3) Nothing in this section shall entitle an adopted child—
(a) to receive a pension or any share of pension where the receipt by him of such pension or such share would diminish the pension or share which the widow or any
child or children by marriage of any contributor may be entitled to receive at the time of the coming into force of this section; or
(b) to receive a pension or any share of a pension in respect of more than one contributor.
Widows and children claiming to be entitled to pension under this Act and residing out of the Federation must from time to time produce such proof as the Directors may require of their being alive and entitled to pension and the payment of any pension may be refused until such proof is furnished to the satisfaction of the Directors.
(1) Where the parties entitled to pensions are minors such pensions may on order of the Directors be paid either to the legal guardian or guardians of such minors or to such minors or to such person or persons as the Directors may in their absolute discretion think fit and proper persons to apply the same for the benefit of such minors and after payment the Directors and the Government shall be free from all responsibility in respect of such payment.
(2) In the case of any pension which is paid through the Crown Agents for Oversea Governments and Administrations the power given by subsection (1) to the Directors may be exercised by the Crown Agents.
No pension payable and no rights of any contributor acquired under this Act shall be assignable or transferable or liable to be attached, sequestrated or levied upon for or in respect of any debt or claim whatsoever.
All questions and disputes as to who is entitled to be deemed a contributor, the right of a widow or child to a pension, the amount of such pension, or the rights or liabilities of any person under this Act shall be referred by the Directors to the Chief Secretary to the Government whose decision shall be binding and conclusive on all parties and shall be final to all intents and purposes and shall not be subject to appeal or to be questioned or revised by any Court of justice.
The Yang di-Pertuan Agong may from time to time frame Rules not inconsistent herewith for the proper carrying out of this Act.
* NOTE—No rules had been made under this section up to 1 April 1956.
SYNOPSIS OF RULES
A TO C. CALCULATION OF PENSIONS
A. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE A BACHELOR
I. First Wife’s Prospective Pension
(a) Pension in consideration of the contributions paid during bachelorhood
(b) Pension in consideration of the annual contribution current at the date of marriage
(c) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is married to his first wife
II. Second, and Subsequent, Wife’s Prospective Pension
(a) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is a widower
(b) Variations of pension consequent on the remarriage of the contributor
(c) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is married to his second, or subsequent wife
B. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE MARRIED
III. First Wife’s Prospective Pension
(a) Pension in consideration of the annual contribution current at the date of commencement of the contribution
(b) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is married to his first wife
IV. Second, and Subsequent, Wife’s Prospective Pension
(a) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is a widower
(b) Variations of pension consequent on the re-marriage of the contributor
(c) Variations of pension consequent on increments to, and decrements from, the current annual contribution while the contributor is married to his second, or subsequent wife
C. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE A WIDOWER
V. Second, and Subsequent, Wife’s Prospective Pension
D. PENSIONS TO ORPHAN CHILDREN
VI. Orphans’ Pensions at Death of Widower Contributor
(a) Case where the orphans are the issue of the same wife
(b) Case where the orphans are the issue of different wives
VII. Orphans’ Pensions at Death or Remarriage of Widow
VIII. Orphans’ Pensions at Death of Married Contributor
DD. OFFICER TRANSFERRED FROM *PALESTINE
IX. Treatment of Lump Sum Contributions
(a) Bachelor or widower without children
(b) Married or widower with children
(a) Part payment of lump sum under Palestine Ordinance
DDD.—RETIREMENT OF ENTITLED OFFICERS
X. Single Contribution
XI. Repayment
E. PUBLIC OFFICER TRANSFERRED TO EMPLOYMENT UNDER THE CROWN OF GREAT BRITAIN
* NOTE—see section 13 of F.M. Ord. No. 75 of 1950.
F. CALCULATION OF QUANTITIES (OR TABULAR RESULTS) FOR AGES NOT GIVEN IN THE TABLES
A TO C. CALCULATION OF PENSIONS
The amount of the pension payable under the Act shall be calculated in accordance with the following rules:
A. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE A BACHELOR
I. FIRST WIFE’S PROSPECTIVE PENSION
(a) Pension in Consideration of the Contributions Paid during Bachelorhood
Rule I(a) Accumulate the contributions at 8 per cent. compound interest, with yearly rests at each 31 December, and multiply the result by the quantity found from Table A corresponding to the respective ages next birthday of the husband and wife at the date of marriage.
The product gives the pension on account of the contributions paid during bachelorhood.
(b) Pension in Consideration of the Annual Contribution Current at the Date of Marriage
NOTE—The amount of the current annual contribution is obtained by multiplying by 12 the amount of the last monthly contribution.
Rule I(b) Turn to the section of Table B which contains in the heading the age of the husband at the date of completion of his period of contribution; and multiply the amount of the current annual contribution by the quantity found from that section corresponding to the respective ages next birthday of the husband and wife at the date of marriage.
The product gives the pension on account of the annual contribution current at the date of marriage.
EXAMPLE of the application of Rules I(a) and I(b):
Officer born on ……………… 31 July 1878 Officer commenced to contribute on ………… 1 April 1904 Officer married on ……………… 30 June 1908 Annual contribution, 1 April 1904 to 31 December 1906 … RM20
Annual contribution, 1 January 1907 to date of marriage … RM30 Date of completion of contribution period … … … 1 April 1939 Wife born on … … … … … … … 31 August 1888 Officer’s age next birthday at date of marriage … … … … … Officer’s age next birthday at completion of contribution period … Wife’s age next birthday at date of marriage … … … … …
Application of Rule I(a):
Accumulation of contributions paid during bachelorhood—
Contributions from 1 April to 31 December 1904 RM15.00 Contributions during 1905 ……………… 20.00 One year’s interest at 8 per cent. on RM15 ………… 1.20 36.20 Contributions during 1906 ……………… 20.00 One year’s interest at 8 per cent. on RM36.20 ……… 2.90
59.10 Contributions during 1907 ……………… 30.00 One year’s interest at 8 per cent. on RM59.10 ……… 4.73
93.83 Contributions from 1 January to 30 June 1908 ……… 15.00 Half-year’s interest at 8 per cent. on RM93.83 ……… 3.75
Total accumulation … RM112.58
Quantity found from Table A—
Husband* …………… 30 .554 Wife* ……………
RM112.58 x .554 = RM62.37 = pension in consideration of contributions paid during bachelorhood. Application of Rule I(b):
Annual contribution current at the date of marriage RM30.
Quantity found from Table B, section for officers aged 61 next birthday at completion of period of contribution—
Husband* … … … … … 30 5.77
* NOTE—Where the ages are not given in the Tables, proceed as illustrated in the general examples given under the heading “F. CALCULATION OF QUANTITIES (OR TABULAR RESULTS) FOR AGES NOT GIVEN IN THE TABLES”.
Wife* ……………
RM30 x 5.77=RM173.10=pension in consideration of annual contribution current at marriage.
Total Pension to be recorded on the bachelor contributor marrying—
By Rule I(a) ………………… RM 62.37 By Rule I(b) ………………… 173.10
Total … RM235.47
(c) Variations of Pension Consequent on Increments to, and Decrements from, the Current Annual Contribution while the Contributor is Married to his First Wife.
NOTE—The cessation of the contribution from any cause before the completion of the full period of contribution must be regarded as a decrement from the current annual contribution equal to the amount of such current annual contribution.
Rule I(c) Turn to the section of Table B which contains in the heading the age of the husband at the date of completion of his period of contribution; and multiply the amount of the increment to, or the decrement from, the current annual contribution by the quantity found from that section corresponding to the respective ages next birthday of the husband and wife at the date of the variation of the contribution.
The product gives the amount to be added to the pension consequent on the increment to the current annual contribution, or as the case may be, the amount to be deducted from the pension consequent on the decrement from the current annual contribution.
EXAMPLE of the application of Rule I(c):
Assume perticulars as in the example subjoined to Rules I(a) and I(b)—
Annual contribution increased on 31 May 1913, from RM30 to … RM50
Annual contribution decreased on 30 April 1918, from RM50 to Annual contribution ceased on 31 March 1923. 31 May 1913, increment to current annual contribution … … … …
Quantity found from Table B, section for officers aged 61 next birthday at completion of period of contribution—
Husband …………… 4.74 Wife ……………
RM20 x 4.74=RM94.80=amount to be added to the pension.
Pension at marriage, see example subjoined to Rules I(a) and I(b) RM235.47
Add ……………………… 94.80
Pension at 31 May 1913 ……………… RM330.27
30 April 1918, decrement from current annual contribution … RM10
Quantity found from Table B, section for officers aged 61 next birthday at completion of period of contribution—
Husband … … … … … 40 3.83 Wife … … … … … 30
RM10 x 3.83=RM38.30=amount to be deducted from the pension.
Pension at 31 May 1913, as above … … … … … RM330.27
Deduct ……………………… 38.30
Pension at 30 April 1918 … … … … … … RM291.97
31 March 1923, cessation of contribution regarded as a decrement from current annual contribution … … … … … RM40
Quantity found from Table B, section for officers aged 61 next birthday at completion of period of contribution—
Husband …………… 2.99 Wife ……………
RM40 x 2.99=RM119.60=amount to be deducted from the pension.
Pension at 30 April 1918, as above …………… RM291.97
Deduct ……………………… 119.60
Pension at 31 March 1923 ……………… RM172.37
II. SECOND, AND SUBSEQUENT, WIFE’S PROSPECTIVE PENSION
(a) Variations of Pension Consequent on Increments to, and Decrements from the Current Annual Contribution while the Contributor is a Widower
Rule II(a) Assume that the contributor is married to a wife of the age that his last preceding wife would have been had she survived to the date of the variation of the contribution, and proceed in accordance with Rule I(c).
EXAMPLE of the application of Rule II(a):
If the particulars be as in the example subjoined to Rule I(c), except that the first wife, who was born on 31 August 1888, died on 30 November 1908, it would be assumed that the contributor was at the date of each of the three variations of the contribution married to a wife who was born on the 31 August 1888. The calculations will then be identical with those given in the example subjoined to Rule I(c).
(b) Variations of Pension Consequent on the Remarriage of the Contributor.
NOTE—No variation of the pension is to be recorded if the second or subsequent wife was at the date of the remarriage of the same age next birthday as the last preceding wife would have been had she survived to that date.
Rule II(b) If the second or subsequent wife was at the date of the remarriage of a less or greater age next birthday than the last preceding wife would have been had she survived to that date, multiply the amount of the pension by the quantity found from Table C corresponding to the age next birthday of the husband at the date of remarriage, and the age next birthday which the last preceding wife would have attained had she survived to that date; multiply the product so obtained by the quantity found from Table A corresponding to the respective ages of the husband and of the second or subsequent wife at the date of the remarriage. The result gives the pension to be recorded on the remarriage of the contributor.
EXAMPLE of the application of Rule II(b):
Assume particulars as in the example subjoined to Rules I(a) and I(b)—
First wife died on ………… 30 November 1908 Contributor remarried on ………… 31 January 1913 Contributor’s age next birthday at date of remarriage …… Second wife born on …………… 30 June 1893 Second wife’s age next birthday at date of the remarriage … Age next birthday which the first wife would have attained had she survived to date of the remarriage … … … …
31 January 1913–The second wife being of a less age next birthday at the date of the remarriage than the first wife would have been had she survived, the pension RM235.47 [see example subjoined to Rules I(a) and I(b)] is to be recalculated.
Quantity found from Table C—
Husband …………… Wife …………… 25 2.074
Quantity found from Table A—
Husband …………… 35 0.462 Wife ……………
RM235.47 x 2.074 = RM488.36.
RM488.36 x 0.462 = RM225.62 = pension at 31 January 1913.
(c) Variations of Pension Consequent on Increments to, and Decrements from, the Current Annual Contribution while the Contributor is Married to his Second or Subsequent Wife.
Rule II(c) Proceed as in Rule I(c).
B. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE MARRIED
III. FIRST WIFE’S PROSPECTIVE PENSION
NOTE— In every case of a public officer who commenced to contribute while married, the wife at the date of commencement of the contribution is to be considered as the officer’s first wife, and no particulars are to be recorded respecting any former wife to whom he may have been married, unless there is issue of such former wife of a pensionable age (see D.—Pensions to orphan children).
(a) Pension in Consideration of the Annual Contribution Current at the Date of Commencement of the Contribution
Rule III(a) Turn to the section of Table B which contains in the heading the age of the husband at the date of completion of his period of contribution; and multiply the amount of the current annual contribution by the quantity found from that section corresponding to the respective ages next birthday of the husband and wife at the date of commencement of the contribution.
The product gives the pension on account of the annual contribution current at the date of commencement of the contribution.
EXAMPLE of the application of Rule III(a):
Officer born on ……………… 31August 1870 Officer married on ……………… 30 June 1899 Officer commenced to contribute on ……… 31 July 1910 Annual contribution current on 31 July 1910 … RM100 Date of completion of contribution period …… 31 August 1935 Wife born on … … … … … … 31 October 1880 Officer’s age next birthday on 31 July 1910 ………… Officer’s age at completion of contribution period … … … … Wife’s age next birthday on 31 July 1910 …………… 31 July 1910, current annual contribution … … … … … RM100
Quantity found from Table B, section for officers aged 65 next birthday at completion of period of contribution—
Husband …………… Wife …………… 30 3.99
RM100 x 3.99 = RM399.00 = pension in consideration of annual contribution current at commencement of contribution.
(b) Variations of Pension Consequent on Increments to, and Decrements from, the Current Annual Contribution while the Contributor is Married to His First Wife
Rule III(b) Proceed as in Rule I(c).
IV. SECOND AND SUBSEQUENT WIFE’S PROSPECTIVE PENSION
(a) Variations of Pension Consequent on Increments to, and Decrements from, the Current Annual Contribution while the Contributor is a Widower
Rule IV(a) Proceed as in Rule II(a).
(b) Variations of Pension Consequent on the Remarriage of the Contributor
Rule IV(b) Proceed as in Rule II(b).
(c) Variations of Pension Consequent on Increments to, and Decrements from, the Current Annual Contribution while the Contributor is Married to his Second or Subsequent Wife
Rule IV(c) Proceed as in Rule I(c).
C. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE A WIDOWER
V. SECOND AND SUBSEQUENT WIFE’S PROSPECTIVE PENSION
Rule V. For the purpose of calculating the pension assume that the deceased wife survived to the date of commencement of the contribution and died immediately afterwards; then proceed in accordance with the Rules applicable to the case of officers who commenced to contribute while married (see B).
D. PENSIONS TO ORPHAN CHILDREN
VI. ORPHANS’ PENSIONS AT DEATH OF WIDOWER CONTRIBUTOR
(a) Case where the Orphans are the Issue of the same Wife
Rule VI(a) Divide the amount of the pension of the widower contributor equally among the children entitled for the time being.
EXAMPLE of the application of Rule VI(a):
Pension of widower contributor at his death RM150 p.a.
Children entitled on his death—
Spinster daughter aged ………………… Son aged ……………………… Son aged ………………………
Each of the three children will take a pension of RM50 per annum.
If the spinster daughter marry at the age of 20 the two sons will each take a pension of RM75 per annum.
If the younger son subsequently die at the age of 15 the elder son will take the full pension of RM150 per annum.
(b) Case where the Orphans are the Issue of different wives
NOTE—The Rules here given provide for the case of two wives only.
Rule VI(b) (I) Divide equally among such of the children of the first wife as may be entitled for the time being one-half of the pension which the first wife would have received had she survived the contributor;
(2) Divide equally among such of the children of the second wife as may be entitled for the time being one-half of the pension which the second wife would
have received had she survived the contributor, and had there been no issue of the first wife entitled to pension;
(3) So soon as all the children of either the first wife or the second wife have ceased to be entitled to pension, divide equally among such of the children of the other wife as may be entitled for the time being the whole of the pension which such other wife would have received had she survived the contributor, and had there been no issue of the first wife entitled to pension.
VII. ORPHANS’ PENSIONS AT DEATH OR REMARRIAGE OF WIDOW
Rule VII. Divide the amount of the widow’s pension equally among her children entitled for the time being.
EXAMPLE of the application of Rule VII:
Amount of widow’s pension at her death or remarriage—RM150 per annum.
Children entitled at her death—
Assuming the particulars as in the example subjected to Rule VI(a) proceed as therein indicated.
VIII. ORPHANS’ PENSIONS AT DEATH OF MARRIED CONTRIBUTOR
Rule VIII. In the case where a contributor dies leaving a widow, and also children the issue of a previous marriage, divide equally among such of the children of the first wife as may be entitled for the time being one-half of the pension which the first wife would have received had she survived the contributor. On the widow’s pension ceasing, divide equally among such of the children of the first wife as may be entitled for the time being the whole of the pension which the first wife would have received had she survived the contributor.
NOTE.—In this case, so long, as the children of the first wife are entitled to pension, the widow’s pension is one-half of that which she would have received had there been no such children.
DD. OFFICER TRANSFERRED FROM PALESTINE
IX. TREATMENT OF LUMP SUM CONTRIBUTIONS MADE UNDER THE PROVISIONS OF SECTION 13 OF THE WIDOWS AND ORPHANS PENSION (AMENDMENT AND EXTENDED APPLICATION) ORDINANCE 1950
(a) Bachelor or widower without children
Rule IX(a). If the contributor is a bachelor, or a widower without children of a pensionable age, the lump sum contribution shall be accumulated as from the date
of transfer or from 15 May 1948, whichever is the later, and treated in accordance with Rule I(a).
(b) Married or widower with children
Rule IX(b).—If the contributor is married, or a widower with children of a pensionable age, the amount of the lump sum shall be multiplied by the quantity found from Table A corresponding to the respective ages last birthday of the husband and wife on the date of transfer or on 15 May 1948, whichever is the later. If the contributor is a widower it shall be presumed that the deceased wife lived until the date of payment of the lump sum and died immediately afterwards.
(c) Part payment of lump sum under Palestine Ordinance
Rule IX(c). Notwithstanding the provisions of Rule IX(a) and Rule IX(b), if the lump sum contribution made under the Ordinance consists in part of a lump sum contribution made by the contributor under the Palestine Widow’s and Orphans' Pensions Ordinance 1944, in respect of the period for which he could have contributed had that Ordinance come into force five years earlier, the benefit resulting from such part of the lump sum contribution as calculated in accordance with Rule IX(a) or Rule IX(b) shall be reduced by five eights.
DDD. RETIREMENT OF ENTITLED OFFICERS
X. SINGLE CONTRIBUTION
Rule X. The single contribution referred to in paragraph 5B(1)(b) is calculated by multiplying the annual contribution, calculated at the rate of four per centum of his salary or pension, by the Table B factor and dividing the product by the Table A factor, both factors corresponding to the ages next birthday of the officer and his wife at the date of retirement.
Example: If an officer, who is 61 next birthday at the completion of the period of contribution, is 40 next birthday and his wife 35 next birthday at the date of retirement the single contribution necessary to commute an annual contribution of RM400 per annum is 400 x 4.06 ÷ 0.449 = RM3,620. In this case 4.06 is the value in Table B for officers who will be aged 61 next birthday at completion of contributions and 0.449 is the value in Table A.
XI.—REPAYMENT
Rule XI. The sum referred to in paragraph 5 B(l)(c) is calculated by subtracting from the officer’s prospective pension, calculated in accordance with the foregoing rules, the product of his annual contribution and Table B factor, and multiplying the product by the Table C factor, both factors corresponding to the ages next birthday of the officer and his wife at the date of retirement.
Example: An officer aged 40 next birthday with a wife aged 35 has a registered pension of RM4,000 per annum based on continued annual contribution of RM400 up to the age of 61 next birthday. If he ceases to contribute on retirement his paid- up registered pension will be RM4,000 minus RM400 x 4.06 = 2,376. In this case 4.06 is the value in Table B for officers who will be 61 next birthday at completion of contributions. To calculate the refundable sum RM2,376 must be multiplied by 2.226, being the appropriate value in Table C, giving a product of RM5,288.
E. PUBLIC OFFICER TRANSFERRED TO EMPLOYMENT UNDER THE CROWN OF GREAT BRITAIN
Throughout these Rules and examples the calculations depend, not on the official income of the contributor, but on the amount of his contribution to the Fund so that the transfer of a public officer to another service does not affect his pension unless the amount of his current annual contribution is varied, in which case the proper adjustment is to be made in accordance with the preceding Rules.
F. CALCULATION OF QUANTITIES (OR TABULAR RESULTS) FOR AGES NOT GIVEN IN THE TABLES
Table A—The quantities are given for every age of the husband from 15 to 64; and for every fifth age of the wife from 15 to 65. Ages of husbands and wives below or beyond are to be treated as the youngest and oldest ages given respectively.
For the intermediate ages of wives, interpolate by first differences, as follows—
To find the quantity corresponding to the ages of a husband and wife aged, respectively, 35 and 27 next birthday. The quantity for ages 35 and 25 given in the Table is 0.482.
The quantity for ages 35 and 30 given in the Table is 0.507.
So that the addition of five years to the age of the wife results in an addition of 0.025 to the quantity given in the Table for ages 35 and 25.
An addition of two years to the age of the wife accordingly results by proportion in an addition of two-fifths of 0.025 to the quantity given in the Table for ages 35 and 25.
Two fifths of 0.025 = 0.01 which added to 0.482 gives 0.492 which is the required quantity corresponding to ages 35 and 27.
Table B—This Table is divided into eleven sections, respectively applicable to officers who will be aged next birthday 55, 56, 57 . . . up to 65, when they complete their period of contribution. Care should in all cases be taken to turn to the section
which contains in the heading the age of the husband at the date of completion of his period of contribution.
In each section the quantities are given for 35 consecutive ages of the husband, terminating at the age preceding that at which the contribution ceases, and for every fifth age of the wife from 15 to 65.
Ages of the wife below or beyond are to be treated as the youngest and oldest ages given, respectively. For the intermediate ages of wives interpolate by first differences as explained above. Thus, the quantity found from the first section of the Table (age 55) corresponding to the ages of a husband and wife aged, respectively, 45 and 38 next birthday is three-fifths of 0.18, added to 2.39, which gives 2.498.
For officers who commence to contribute at an earlier age than 20 next birthday the method of calculation given in the subjoined examples is to be followed—
EXAMPLE (1): An officer aged 17 next birthday, having a wife aged 15 next birthday, commences to contribute. Assume that the officer is aged 20 next birthday, so that the quantity found from Table B will be 8.30.
This officer receives an increment of salary at age 22 next birthday, when his wife’s age is 20. Assume that his age is 25 next birthday—i.e., his actual age 22 — plus the difference between his actual age at entry and 20, which is three years. The quantity found from Table B will be 7.00.
EXAMPLE (2): An officer aged 19 next birthday commences to contribute as a bachelor, and five years later, when aged 24 next birthday, marries; his wife’s age being 20 next birthday. The quantity found from Table A in accordance with Rule I(a) will be taken for the actual ages (husband 24 and wife 20) and will be 0.683. With respect to the current annual contribution at marriage, assume that the officer’s age is 25 (his actual age plus one) so that the quantity found from Table B will be 7.00.
This officer receives an increment of salary when aged 39, when his wife’s age is 35. Assume as before that the ages are 40 and 35, respectively, so that the quantity found from Table B will be 3.61.
NOTE—It will be observed that this method takes account of the actual number of years for which the annual contribution will run. In example (1), when the officer receives the increment of salary at age 22 he has contributed for five years, so that at the expiration of 30 years his contributions will cease. Similarly, in example (2), when the officer marries at age 24, he also has contributed for five years, so that although he is two years older than the officer in example (1), yet the unexpired period of contribution is the same in each case, and the wife’s age is in each instance 20, so that no important error is involved in using the same tabular quantity for the two cases.
Table C—The quantities are given for the same ages as in Table A. Ages of husbands and wives below and beyond are to be treated as in using that Table.
For the intermediate ages of wives interpolate by first differences as explained above, except that it must be noted that in this Table an addition to the age of the wife results in a deduction from the quantity given in the Table.
To find the quantity corresponding to the ages of a husband and wife aged, respectively, 35 and 27 next birthday.
The quantity for ages 35 and 25 given in the Table is 2.074.
The quantity for ages 35 and 30 given in the Table is 1.974.
So that the addition of five years to the age of the wife results in a deduction of 0.100 from the quantity given in the Table for ages 35 and 25.
An addition of two years to the age of the wife accordingly results by proportion in a deduction of two-fifths of 0.100 from the quantity given in the Table for ages 35 and 25.
Two-fifths of 0.100 = 0.04, which deducted from 2.074 leaves 2.034, which is the required quantity corresponding to ages 35 and 27.
TABLE A
THE YEARLY PENSION, PAYABLE BY MONTHLY INSTALMENTS, WHICH A SINGLE CONTRIBUTION OF 1 WILL SECURE
TABLE B
THIS SECTION OF TABLE B IS APPLICABLE ONLY TO THE CASE OF OFFICERS WHO WILL BE AGED 55 NEXT BIRTHDAY, WHEN THEY COMPLETE THEIR PERIOD OF CONTRIBUTION.
THE YEARLY PENSION, PAYABLE BY MONTHLY INSTALMENTS, WHICH A YEARLY CONTRIBUTION OF 1, PAYABLE ALSO BY MONTHLY INSTALMENTS, WILL SECURE. THE YEARLY CONTRIBUTION IS TO CEASE ON THE TERMINATION OF 35 YEARS FROM THE DATE OF THE OFFICER’S FIRST CONTRIBUTION AFTER ENTRY INTO THE FUND.
TABLE B
THIS SECTION OF TABLE B IS APPLICABLE ONLY TO THE CASE OF OFFICERS WHO WILL BE AGED 56 NEXT BIRTHDAY, WHEN THEY COMPLETE THEIR PERIOD OF CONTRIBUTION.
THE YEARLY PENSION, PAYABLE BY MONTHLY INSTALMENTS, WHICH A YEARLY CONTRIBUTION OF 1, PAYABLE ALSO BY MONTHLY INSTALMENTS, WILL SECURE. THE YEARLY CONTRIBUTION IS TO CEASE ON THE TERMINATION OF 35 YEARS FROM THE DATE OF THE OFFICER’S FIRST CONTRIBUTION AFTER ENTRY INTO THE FUND.
TABLE B
THIS SECTION OF TABLE B IS APPLICABLE ONLY TO THE CASE OF OFFICERS WHO WILL BE AGED 57 NEXT BIRTHDAY, WHEN THEY COMPLETE THEIR PERIOD OF CONTRIBUTION.
THE YEARLY PENSION, PAYABLE BY MONTHLY INSTALMENTS, WHICH A YEARLY CONTRIBUTION OF 1, PAYABLE ALSO BY MONTHLY INSTALMENTS, WILL SECURE. THE YEARLY CONTRIBUTION IS TO CEASE ON THE TERMINATION OF 35 YEARS FROM THE DATE OF THE OFFICER’S FIRST CONTRIBUTION AFTER ENTRY INTO THE FUND.
TABLE B
THIS SECTION OF TABLE B IS APPLICABLE ONLY TO THE CASE OF OFFICERS WHO WILL BE AGED 58 NEXT BIRTHDAY, WHEN THEY COMPLETE THEIR PERIOD OF CONTRIBUTION.
THE YEARLY PENSION, PAYABLE BY MONTHLY INSTALMENTS, WHICH A YEARLY CONTRIBUTION OF 1, PAYABLE ALSO BY MONTHLY INSTALMENTS, WILL SECURE. THE YEARLY CONTRIBUTION IS TO CEASE ON THE TERMINATION OF 35 YEARS FROM THE DATE OF THE OFFICER’S FIRST CONTRIBUTION AFTER ENTRY INTO THE FUND.
TABLE B
THIS SECTION OF TABLE B IS APPLICABLE ONLY TO THE CASE OF OFFICERS WHO WILL BE AGED 59 NEXT BIRTHDAY, WHEN THEY COMPLETE THEIR PERIOD OF CONTRIBUTION.
THE YEARLY PENSION, PAYABLE BY MONTHLY INSTALMENTS, WHICH A YEARLY CONTRIBUTION OF 1, PAYABLE ALSO BY MONTHLY INSTALMENTS, WILL SECURE. THE YEARLY CONTRIBUTION IS TO CEASE ON THE TERMINATION OF 35 YEARS FROM THE DATE OF THE OFFICER’S FIRST CONTRIBUTION AFTER ENTRY INTO THE FUND.
TABLE B
THIS SECTION OF TABLE B IS APPLICABLE ONLY TO THE CASE OF OFFICERS WHO WILL BE AGED 60 NEXT BIRTHDAY, WHEN THEY COMPLETE THEIR PERIOD OF CONTRIBUTION.
THE YEARLY PENSION, PAYABLE BY MONTHLY INSTALMENTS, WHICH A YEARLY CONTRIBUTION OF 1, PAYABLE ALSO BY MONTHLY INSTALMENTS, WILL SECURE. THE YEARLY CONTRIBUTION IS TO CEASE ON THE TERMINATION OF 35 YEARS FROM THE DATE OF THE OFFICER’S FIRST CONTRIBUTION AFTER ENTRY INTO THE FUND.
TABLE B
THIS SECTION OF TABLE B IS APPLICABLE ONLY TO THE CASE OF OFFICERS WHO WILL BE AGED 61 NEXT BIRTHDAY, WHEN THEY COMPLETE THEIR PERIOD OF CONTRIBUTION.
THE YEARLY PENSION, PAYABLE BY MONTHLY INSTALMENTS, WHICH A YEARLY CONTRIBUTION OF 1, PAYABLE ALSO BY MONTHLY INSTALMENTS, WILL SECURE. THE YEARLY CONTRIBUTION IS TO CEASE ON THE TERMINATION OF 35 YEARS FROM THE DATE OF THE OFFICER’S FIRST CONTRIBUTION AFTER ENTRY INTO THE FUND.
TABLE B
THIS SECTION OF TABLE B IS APPLICABLE ONLY TO THE CASE OF OFFICERS WHO WILL BE AGED 62 NEXT BIRTHDAY, WHEN THEY COMPLETE THEIR PERIOD OF CONTRIBUTION.
THE YEARLY PENSION, PAYABLE BY MONTHLY INSTALMENTS, WHICH A YEARLY CONTRIBUTION OF 1, PAYABLE ALSO BY MONTHLY INSTALMENTS, WILL SECURE. THE YEARLY CONTRIBUTION IS TO CEASE ON THE TERMINATION OF 35 YEARS FROM THE DATE OF THE OFFICER’S FIRST CONTRIBUTION AFTER ENTRY INTO THE FUND.
TABLE B
THIS SECTION OF TABLE B IS APPLICABLE ONLY TO THE CASE OF OFFICERS WHO WILL BE AGED 63 NEXT BIRTHDAY, WHEN THEY COMPLETE THEIR PERIOD OF CONTRIBUTION.
THE YEARLY PENSION, PAYABLE BY MONTHLY INSTALMENTS, WHICH A YEARLY CONTRIBUTION OF 1, PAYABLE ALSO BY THE MONTHLY INSTALMENTS, WILL SECURE. THE YEARLY CONTRIBUTION IS TO CEASE ON THE TERMINATION OF 35 YEARS FROM THE DATE OF THE OFFICER’S FIRST CONTRIBUTION AFTER ENTRY INTO THE FUND.
TABLE B
THIS SECTION OF TABLE B IS APPLICABLE ONLY TO THE CASE OF OFFICERS WHO WILL BE AGED 64 NEXT BIRTHDAY, WHEN THEY COMPLETE THEIR PERIOD OF CONTRIBUTION.
THE YEARLY PENSION, PAYABLE BY MONTHLY INSTALMENTS, WHICH A YEARLY CONTRIBUTION OF 1, PAYABLE ALSO BY MONTHLY INSTALMENTS, WILL SECURE. THE YEARLY CONTRIBUTION IS TO CEASE ON THE TERMINATION OF 35 YEARS FROM THE DATE OF THE OFFICER’S FIRST CONTRIBUTION AFTER ENTRY INTO THE FUND.
TABLE B
THIS SECTION OF TABLE B IS APPLICABLE ONLY TO THE CASE OF OFFICERS WHO WILL BE AGED 65 NEXT BIRTHDAY, WHEN THEY COMPLETE THEIR PERIOD OF CONTRIBUTION.
THE YEARLY PENSION, PAYABLE BY MONTHLY INSTALMENTS, WHICH A YEARLY CONTRIBUTION OF 1, PAYABLE ALSO BY MONTHLY INSTALMENTS, WILL SECURE. THE YEARLY CONTRIBUTION IS TO CEASE ON THE TERMINATION OF 35 YEARS FROM THE DATE OF THE OFFICER’S FIRST CONTRIBUTION AFTER ENTRY INTO THE FUND, OR ON HIS ATTAINING THE AGE OF 65.
TABLE C
THE SINGLE CONTRIBUTION WHICH WILL SECURE A YEARLY PENSION OF 1, PAYABLE BY MONTHLY INSTALMENTS.
[Section 2] * Pensions (Entitled Officers) Ordinance 1956 Section 4 [Ord. 17 of 1956]
*Entitled Officers (Gratuities) Ordinance 1956 Section 4 [Ord. 21 of 1956]
The Federation of Malaya Agreement 1948 Tenth Schedule [F.M.G.N. 6 of 1948] Part 1, paragraphs 3 and 5
Retirement from the Public Service (Compensation) Section 3 Ordinance 1956 [Colony of Singapore Ord. 43 of 1956] or the corresponding provisions of any law in force in the Colony which may be substituted therefor.
* NOTE—Pensions (Entitled Officers) Ordinance 1956 and Entitled Officer (Gratuities) Ordinance 1956 has been repealed by Ordinance 28/1957.
APPENDIX
[Sections 11, 12 and 13 of the Widows’ and Orphans’ Pensions (Amendment and Extended Application) Ordinance 1950 [No. 75 of 1950] are reproduced below for the purpose of convenience]
Extension, repeal and transitory provisions
11. (1) Subject as hereinafter provided, the Enactment* as amended by the foregoing provisions of this Ordinance shall be deemed to have had effect throughout the territories now comprised in the Federation as from 1 April 1946.
(2) The Widows’ and Orphans’ Pension Ordinance [S.S. Cap. 79] is hereby repealed with effect from 1 April 1946.
(3) No public servant, to whom the Enactment applies and who at any time before the date of publication in the Gazette of this Ordinance, was in the service of the Government of any of the territories now comprised in the Federation where no provision was made by law for the granting of pensions to widows and orphans or was an officer serving on probation or on agreement, shall be liable, by reason only this section, to make contributions in respect of the period from 1 April 1946, to the aforementioned date or have any rights under the Enactment:
Provided that every such public servant may, by notice in writing to be given to the Directors (appointed under section 2 of the Enactment) not later than three months from the date of publication in the Gazette of this Ordinance, or such further period as the Directors may in any particular case allow elect to become a contributor under the Enactment with effect from 1 April 1946, or, if, on that date he was not in the service of the Government, from the date on which he entered such service, and, if, within a period of one year, he makes a lump sum payment to the Directors equal to the monthly abatements which would have been made from his salary had the Enactment, as extended by this Ordinance, been in force, he shall deemed to have become a contributor as from 1 April 1946, or the date on which he entered the service of the Government, as the case may be, and, as from such date, he shall be deemed to have enjoyed all the rights and to have been subject to all the liabilities under the Enactment, as extended by this Ordinance.
(4) All monthly abatements made from the salary or pension of any public servant under the Enactment or under the Widows’ and Orphans’ Pension Ordinance in respect of the period between 1 April 1946, and the date on which this Ordinance is published in the Gazette, shall be deemed to have been made under and for the purposes of the Enactment as extended by this Ordinance.
* NOTE—Refers to Widow’s and Orphans’ Pension Act (see s. 2 of Widows and Orphans Pensions (Amendment and Extended Application) Ordinance 1950 [No. 75 of 1950].
(5) Officers who immediately before 1 April 1946, were—
(a) in the service of the Colony of the Straits Settlements;
(b) serving in the Settlement of Penang or Malacca; and
(c) contributors under the Widows’ and Orphans’ Pension Ordinance of the said Colony,
shall, as from the aforementioned date be deemed to have been transferred to the Government of the Malayan Union under and in accordance with the provisions of the Enactment as extended by this Ordinance.
(6) Where in the Enactment, as extended by this Ordinance, any period of time is specified for the doing of any act by a contributor or by any other person, such period shall begin to run from the date of the event mentioned in the Enactment for the running of such period or from the date on which this Ordinance is published in the Gazette, whichever is the later.
(7) Where at any time before the date on which this Ordinance is published in the Gazette, a contributor whose official income became reduced, whether by reduction of salary or by his retirement on pension, has given notice under section 6 of the Enactment, of his desire to continue his rate of contribution according to the full amount of contribution paid by him at the date of such reduction or retirement, then notwithstanding the provisions of the Enactment—
(a) such contributor may revoke the option so exercised; or
(b) if he has revoked such option before the date on which this Ordinance is published in the Gazette, such revocation shall be deemed to have been validly and legally made and accepted by the Directors (as defined in section 2 of the Enactment).
Interpretation of “salary”
12. For the avoidance of doubt it is hereby declared and enacted that in the Enactment and in the Widows’ and Orphans’ Pension Ordinance the word “salary” shall mean and be deemed at all times to have meant the salary attached to a pensionable office, or, in the case of an officer serving in a pensionable class, the salary payable to such officer as an officer in such class, as the case may be, together in either case with any personal pensionable allowance and expatriation pay (if any) but exclusive of acting pay or other allowance.
SPECIAL PROVISIONS REGARDING OFFICERS TRANSFERRED FROM PALESTINE
Special provisions regarding lump sum payment of contributions by officers transferred from Palestine to the Federation
13. Notwithstanding anything contained in the Enactment, an officer who was a contributor under the Palestine Widows’ and Orphans’ Pensions Ordinance 1944, immediately before 15 May 1948, and who is transferred to the service of the Government of the Federation may, not later than three months after such transfer or after the commencement of this Ordinance, whichever is the later, make a lump sum payment to the Directors, appointed under the Enactment, equal to the accumulated contributions paid by him and by the Government of Palestine on his behalf under the aforesaid Palestine Ordinance.
LAWS OF MALAYSIA
WIDOWS AND ORPHANS PENSION ACT 1915
Cite this legislation
- Official citation
- Act 681
- Source
- lom.agc.gov.my
- Data synced
- Licence
- Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) ↗
Widows and Orphans Pension Act 1915 [Act 681] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-681
This text is synced from lom.agc.gov.my. In case of any discrepancy, the official version prevails.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).