Second Schedule SECOND SCHEDULESupplementary
[Subsection 2(2)] 1. ACCOMMODATION: Judges Effective Date 1. Chief Justice— (i) free fully furnished institutional quarters, or 1-1-1992 in lieu thereof a house rent subsidy of RM3,150.00 per month; (ii) a provision of RM2,100.00 per month for 1-1-1996 domestic help; and (iii) a provision of RM4,100.00 per annum for 1-1-1996 house and garden upkeep 2. President of the Court of Appeal— (i) free fully furnished institutional quarters, or 1-7-1994 in lieu thereof a house rent subsidy of RM2,500.00 per month; (ii) a provision of RM2,000.00 per month for 1-1-1996 domestic help; and (iii) a provision of RM3,000.00 per annum for 1-1-1996 house and garden upkeep 3. Chief Judges— (i) free fully furnished institutional quarters, or 1-1-1992 in lieu thereof a house rent subsidy of RM2,500.00 per month; (ii) a provision of RM2,000.00 per month for 1-1-1996 domestic help; and (iii) a provision of RM3,000.00 per annum for 1-1-1996 house and garden upkeep 4. Judges of the Federal Court— (i) free fully furnished institutional quarters 1-1-1992 which (including the compound) shall be maintained free of charge, or in lieu thereof a house rent subsidy of RM2,250.00 per month; (ii) a provision of RM1,000.00 per month for 1-1-1996 domestic help; and (iii) a provision of RM3,000.00 per annum for 1-1-1996 house and garden upkeep 5. Judges of the Court of Appeal— (i) free fully furnished institutional quarters 1-7-1994 which (including the compound) shall be maintained free of charge, or in lieu thereof a house rent subsidy of RM2,250.00 per month; (ii) a provision of RM1,000.00 per month for 1-1-1996 domestic help; and (iii) a provision of RM3,000.00 per annum for 1-1-1996 house and garden upkeep 6. Judges of the High Courts— (i) free fully furnished institutional quarters 1-1-1992 which (including the compound) shall be maintained free of charge, or in lieu thereof a house rent subsidy of RM2,250.00 per month; (ii) a provision of RM1,000.00 per month for 1-1-1996 domestic help; and (iii) a provision of RM3,000.00 per annum for 1-1-1996 house and garden upkeep The privilege and allowance in this paragraph shall be accorded or paid notwithstanding that the Judge has been granted a loan under the housing loans scheme referred to in paragraph 14. In this paragraph, “free fully furnished institutional quarters” means housing accommodation provided free of rent by the Government and furnished in accordance with the guidelines of the Government for the furnishing of such accommodation. 2. ENTERTAINMENT ALLOWANCE: (1) (2) (3) Judges Amount Effective Date 1. Chief Justice RM5,400.00 1-3-1998 per month 2. President of the Court of Appeal RM5,100.00 1-3-1998 per month 3. Chief Judge of the High Court in Malaya RM5,100.00 1-3-1998 per month 4. Chief Judge of the High Court in Sabah RM5,100.00 1-3-1998 and Sarawak per month 5. Judges of the Federal Court RM5,000.00 1-3-1998 per month 6. Judges of the Court of Appeal RM4,800.00 1-3-1998 per month 7. Judges of the High Courts in Malaya and RM4,600.00 1-3-1998 Sabah and Sarawak per month 3. REGIONAL ALLOWANCE: Allowance and Judges eligible therefor Effective Date A monthly regional allowance at the rate of 10 per centum of 1-7-1977 monthly salary shall be paid to the Chief Judge and Judges of the High Court in Sabah and Sarawak for so long as they serve in the States of Sabah and Sarawak. 3A. REGIONAL ALLOWANCE FOR EMPLOYEES: Regional allowance for employee of a Judge Effective Date There shall be paid in respect of any employee of a Judge 1-7-1980 serving in the State of Sabah or Sarawak a monthly regional allowance at the rate of— (a) 25 per centum; or (b) 22 1/2 per centum, of such employee’s monthly salary where his salary respectively is— (i) less than RM360.00; or (ii) between RM360.00 and RM549.00, per month. The allowance in this paragraph shall be paid to the employing Judge. 4. SPECIAL ALLOWANCE: Special allowance to a Judge Effective Date Such special allowance as the Government may in its 1-1-1974 discretion deem fit to grant to a Judge on an ad hoc basis. 4A. ALLOWANCE FOR CARRYING OUT DUTIES OF A HIGHER OFFICE: Allowance for carrying out duties of Effective a higher office for a Judge Date This allowance may be paid to a Judge who is carrying out 1-1-1996 the duties of a higher office on the direction of the Chief Justice for a period of not less than 28 days and the payment of the allowance is to be calculated at one fourth of the substantive salary for the higher office. 5. OFFICIAL CAR: Provision for a car, etc., for a Judge Effective Date A Government car inclusive of all accessories shall be 1-1-1996 provided with syce to each of the Judges. Maintenance, provision of petrol/diesel, oil and lubrication for such car shall be borne by the Government. The official car of a Judge may be provided with a crest approved by the Chief Justice. 6. SYCE ALLOWANCE: Allowances and uniforms for a syce of a Judge Effective Date (a) There shall be provided an allowance (including 1-7-1977 lodging, subsistence and overtime allowances) for one syce for each of the Judges at such rates as may from time to time be determined by the Government. (b) The terms of service of such syce shall be as may be determined from time to time by the Government. (c) Until otherwise prescribed by the Government, the 1-1-1996 allowances which may be paid under this paragraph shall be the same as the salary and allowances paid to drivers in Government service. The allowances and expenses in this paragraph shall be paid to the Judge employing a syce. 6A. OTHER ALLOWANCES OF EMPLOYEES: Allowances, contributions Effective and perquisites for employees of a Judge Date There shall be paid in respect of such employees of a Judge 1-7-1980 as are referred to in this Schedule such other allowances, contributions and perquisites for which no specific provision is made in this Schedule but which are paid or provided by Government from time to time in respect of the employees of an officer in superscale “A” and above in the Managerial and Professional Group of the public services, engaged in an equivalent or a similar capacity as the employees of a Judge. The allowances, contributions and perquisites in this paragraph shall be paid or made out to the employing Judge. 7. SUBSISTENCE ALLOWANCE: Allowance payable to a Judge Effective Date The subsistence allowance payable in respect of officers 1-7-1980 serving in superscale “A” and above in the Managerial and Professional Group of the public services, as revised from time to time: Provided that where a Judge is on duty exceeding eight hours away from station, he shall be paid the full allowance. 8. LODGING EXPENSES: Expenses claimable by a Judge Effective Date The lodging expenses or lodging allowances payable in 1-7-1980 respect of officers serving in superscale “A” and above in the Managerial and Professional Group of the public services, as revised from time to time. 9. ADVANCE TO PURCHASE A MOTOR-CAR: Advance granted to a Judge Effective Date The car loans scheme applicable to officers serving in 1-7-1980 superscale “A” and above in the Managerial and Professional Group of the public services, as revised from time to time. 10. OFFICIAL COSTUME, ETC.: Allowances for a Judge Effective Date (a) A Judge shall be eligible to claim a subsidised 1-1-1996 payment of RM750.00 once in 3 years as allowance for official attire used while presiding. (b) A Judge shall be eligible to be provided with 1-1-1996 ceremonial costume at a price approved by the Treasury. (c) A Judge shall be eligible to receive warm clothing 1-1-1996 allowance of RM600.00 once in 3 years when required to carry out duties overseas or in a country with temperate climate and subsidised payment for “Black Tie” attire of RM500.00 once in 3 years. 11. MEDICAL FACILITIES: Facilities of a Judge and members of family Effective Date (a) All medical facilities accorded to officers serving in 1-1-1996 Principal Grade A post in the public service as revised from time to time. (b) For treatment overseas, a certificate shall be issued by 1-1-1996 a medical board established by the Chief Justice, the membership of which shall be in accordance with subsection 8A(2). Before issuing the certificate, the medical board shall first obtain the approval of the Prime Minister. (c) A retired Judge receiving pension or other benefits 1-1-1996 under this Act, the spouse, and children, of the Judge are respectively eligible to receive the same medical benefits as an officer retired on Principal Grade A post in the public service, the spouse, and children, of the officer. 12. LEAVE: Types of leave and number of eligible days Effective for a Judge Date (a) Vacation Leave 1-1-1996 (i) 35 days in a year excluding public holidays and weekly holidays. Vacation leave shall be taken in the year it accrues and if, owing to the exigencies of service, leave has not been taken in that year, then the leave may be carried forward up to the next two years, to the third year; provided that leave for the first year which has not been used up in the third year will lapse at the end of the third year. (ii) Prior approval shall be obtained by a Judge who wishes to use vacation leave for the purpose of overseas travel. The approving authority for the purpose of this subsubparagraph is— (aa) For the Chief Justice, the Prime Minister; (bb) for the President, the Chief Judges and Judges of the Federal Court, the Chief Justice; (cc) for other Judges, the President or the Chief Judge concerned. (iii) Other provisions on vacation leave applicable to officers serving in Principal Grade A post in the public service as revised from time to time. (b) Sick leave and facilities in relation thereto 1-1-1996 (i) Provisions on sick leave and facilities in relation thereto applicable to officers serving in Principal Grade A post in the public service as revised from time to time. (ii) In relation to approval, references to “Head of Department” and “Appropriate Authority” in the provisions regulating officers in the public service shall be construed as references to the Prime Minister in the case of the Chief Justice and to the Chief Justice in the case of other Judges for the purpose of this subparagraph. (iii) If a medical board is required to be established for the purpose of this subparagraph, then the Chief Justice may establish a medical board and the membership of that medical board shall be in accordance with subsection 8A(2). (c) Leave for tuberculosis, leprosy and cancer and other 1-1-1996 serious diseases In accordance with leave benefits and medical facilities that may be accorded to officers serving in Principal Grade A post in the public service as revised from time to time. (d) Pilgrimage leave 1-1-1996 Once during the period of service, subject to a maximum of 40 days, including weekly holidays and public holidays, to a Muslim Judge. The approving authority referred to in subparagraph (a) shall be the approving authority for the purpose of this subparagraph. Judges appointed from the Judicial and Legal Service who have already taken pilgrimage leave are no longer eligible to obtain this facility as a Judge. (e) Other types of leave (i) Maternity leave/paternity leave 1-1-1996 May be accorded as such leave is accorded to staff of the public service as revised from time to time. (ii) Leave without pay 1-1-1996 May be accorded as such leave is accorded to staff of the public service as revised from time to time. In this subsubparagraph, “without pay” means without basic salary, house rent subsidy, entertainment allowance and special judicial allowance. 12A. PAYMENT IN LIEU OF LEAVE: Accumulation of leave by a Judge Effective for cash award Date (a) Where, owing to exigencies of service, a Judge is 1-1-1974 unable to take his annual vacation leave, he may elect to accumulate up to half of his vacation leave eligibility but subject to a maximum of fifteen days in a year and, on his retirement or death— (i) be granted a cash award equivalent to one- thirtieth of his last-drawn monthly salary for each day up to a maximum of ninety days; or (ii) to have converted such accumulated leave, up to a maximum of one hundred and eighty days, as reckonable service in computing his pension and gratuity. Any vacation leave not taken in preceding years may be taken into account when calculating accumulated leave for the purposes of this paragraph but subject, however, to a maximum of fifteen days’ accumulation for each year. “The last drawn monthly salary” means the basic salary added together with house rent subsidy, entertainment allowance and special judicial allowance for a Judge who dies or retires on or after 1 August 1993. (b) Where owing to exigencies of service, a Judge is 1-1-1996 unable to use up the current yearly vacation leave, the Judge may elect to accumulate from the balance of leave, any number of days not exceeding 15, so that on the day of the retirement or death of the Judge, the Judge or the beneficiary of the Judge will be granted a cash award which is equivalent to one thirtieth of the last drawn monthly salary of the Judge for each day up to a maximum of ninety days. In this subparagraph, “the last drawn monthly salary” means the basic salary added together with house rent subsidy, entertainment allowance and special judicial allowance. 13. DEATH AND INJURY BENEFITS IN AIRCRAFT ACCIDENTS: Benefits to a Judge or his dependants Effective Date Liabilities for an injury or death arising out of an aircraft 3-9-1971 accident in the course of duty shall be borne entirely by the Government. The rates of death and disablement benefits for Judges arising from such accidents shall be as follows: (a) For death caused by an injury sustained in an accident, a sum of RM150,000.00: Provided that where the dependants or legal personal representatives are entitled to receive similar benefits under any other provisions of this Act, such dependants or legal personal representatives shall be entitled at their option to receive one benefit only. (b) For permanent disablement caused by an injury sustained in an accident resulting in— (i) loss of two or more limbs by actual separation at or above the wrist or ankle; or the total and irrecoverable loss of all sight of both eyes; or the loss of one limb accompanied by the loss of sight of one eye: RM275,000.00; (ii) loss of one limb by actual separation at or above the wrist or ankle; or the total and irrecoverable loss of sight of one eye: RM150,000.00; (iii) total incapacity (total disablement) from engaging in or giving attention to any profession or occupation: RM275,000.00; (iv) partial disablement: proportionate, according to medical assessment of the percentage degree of such disablement. 14. HOUSING LOANS SCHEME: Loan scheme for a Judge Effective Date (a) The housing loans scheme applicable to officers 1-1-1996 serving in superscale “A” and above in the Managerial and Professional Group of the public services, as revised from time to time. (b) Judges appointed from the Judicial and Legal Service who have already obtained a housing loan from the Government while serving in any grade of post are no longer eligible to obtain this facility as a Judge. 15. SUPPLY OF ELECTRICITY AND WATER: Supply of electricity and water for a Judge Effective Date A Judge shall be reimbursed payment made for the supply 1-7-1980 of electricity and water to the house occupied by him. 16. PAID PASSAGE FOR OVERSEAS TRAVEL: Paid passage for overseas travel for Effective Judge and certain dependants Date (a) Once in every five years of his service, a Judge shall 1-7-1980 be eligible to have passage paid by Government for overseas travel to a destination of his choice for himself, his spouse and three of his dependent children below twenty-one years of age. The fare for such travel shall not exceed the equivalent return fare for travel by air from Kuala Lumpur to London by first class for the Judge and his spouse and by economy class for any or all of the three accompanying dependent children. (b) If the destination is nearer than Kuala Lumpur/ London/Kuala Lumpur, only the actual fare to the destination of choice will be paid by the Government. If the destination of choice is further than Kuala Lumpur/London/Kuala Lumpur, the Judge is required to pay the difference in the higher fare. (c) This paid passage facility must be used while the Judge is in office that is before the Judge retires or leaves office. (d) This facility may also be used separately by the Judge and spouse that is it need not be used by the Judge together with the spouse or at the same time. 16A. PAID PASSAGE TO VISIT PLACE OF ORIGIN: Paid passage for travel within Malaysia Effective for a Judge and spouse and children Date Once in every 2 years of service, a Judge from Peninsular 1-1-1996 Malaysia who is serving in Sabah or Sarawak or a Judge from Sabah or Sarawak who is serving in Peninsular Malaysia is eligible for paid air fare from the Government to travel to Peninsular Malaysia or Sabah or Sarawak for himself, the spouse (first class fare) and three children below the age of twenty-one years (economy class fare). 17. SPECIAL JUDICIAL ALLOWANCE: (1) (2) (3) Judges Amount Effective Date 1. Chief Justice RM6,000.00 1-1-1996 per month 2. President of the Court of Appeal RM4,500.00 1-1-1996 per month 3. Chief Judge of the High Court in Malaya RM4,500.00 1-1-1996 per month 4. Chief Judge of the High Court in Sabah RM4,500.00 1-1-1996 and Sarawak per month 5. Judges of the Federal Court RM3,750.00 1-1-1996 per month 6. Judges of the Court of Appeal RM3,675.00 1-1-1996 per month 7 .Judges of the High Courts in Malaya RM3,600.00 1-1-1996 and Sabah and Sarawak per month 18. P ENSIONER ’S C ARD 1-1-1996 (a) The Chief Justice may issue a pensioner’s card to a former Judge who is receiving pension or other benefits under this Act and to the spouse of the Judge for the purpose of identification and to enable the Judge and spouse to be eligible to receive medical benefits and other facilities as determined by the Government from time to time. (b) The pensioner’s card shall be surrendered to the Chief Justice when the former Judge is no longer eligible to receive the medical benefits and other facilities. (c) In the event the pensioner’s card is lost and a new card is required, the former Judge or spouse shall make a police report and a copy of the police report shall be forwarded to the Chief Justice, who may issue a new card to the Judge or spouse.