Derivative pension or derivative gratuity where officer dies in service or after retirement
s 14
(1) Where a pensionable officer dies in service, the Yang di-Pertuan Agong may grant to such of his dependants as he thinks fit, a derivative pension or derivative gratuity appropriate to his case, or if there are no dependants, grant to his legal personal representatives a derivative gratuity. (2) The derivative pension granted under subsection (1) may be paid for a period not exceeding twelve and a half years with effect from the date immediately following the date of death of the officer. (3) For the purpose of subsection (1), a permanent officer who has been confirmed in his appointment and who dies in service before his emplacement on the pensionable establishment shall be deemed to be a pensionable officer. (4) Where an officer who has retired on pension from the public service in the Federation dies within the period of twelve and a half years of his date of retirement, the Yang di-Pertuan Agong may grant to his widow or widows and minor children or to his minor children a derivative pension of the same amount as the pension which was paid or payable to the officer on account of his retirement, for a period not exceeding the difference between the period of twelve and a half years and the period during which the pension was paid or payable to the officer. (5) Where a derivative pension is granted to any dependant under this section in respect of the death of an officer, the pension so granted shall take into account the compensation awarded under any written law relating to workmen’s compensation or other social security benefits. (6) Where a dependant who is not entitled to any workmen’s compensation or social security benefits is eligible to receive both a derivative pension under this section and a pension or allowance under any written law, other than the Widows and Orphans Pension Act 1915 [Act 681], the grant of either a derivative pension under this section or a pension or allowance under any such written law shall be determined by the Yang di-Pertuan Agong, whose decision shall be final. (7) Subject to subsection (5), where a derivative pension is granted, the amount of the derivative pension shall be subject to a minimum of not less than one-fifth of the deceased officer’s last drawn salary.