Section 1
(2)
This Act shall come into operation on a date to be appointed by the Minister by notification in the Gazette.
Interpretation
/akn/my/act/act/1998/584
TEACHERS' SUPERANNUATION FUND (SABAH) (DISSOLUTION) ACT 1998
The full official text, structured for quick navigation. Copy any provision or jump straight to a section.
- Type
- Act
- Status
- In force
- Enacted
- 1998
- Sections
- 14
- Languages
- MS · EN
Quick answer
About this act
TEACHERS' SUPERANNUATION FUND (SABAH) (DISSOLUTION) ACT 1998 is Malaysia Act, cited as Act 584 1998, currently marked in force and first recorded in 1998.
Opening note
Preamble
- An Act to repeal the Teachers’ Superannuation Ordinance 1963 (Sabah), to dissolve the Teachers’ Superannuation Fund and the Board of Management established under the Ordinance, to transfer all its properties to the Government and to provide for other matters connected therewith. [1 December 1998, P.U. (B) 488/1998] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Short title and commencement
Section 2
In this Act, unless the context otherwise requires—
“appointed date” means the date appointed by the Minister under section 1;
“Board” means the Board of Management established under subsection 4(1) of the Ordinance;
“eligible person” means a person entitled to a superannuation allowance, a gratuity, a pension or any other retirement benefit under the Ordinance;
6
“Fund” means the Teachers’ Superannuation Fund established under section 3 of the Ordinance;
“Government” means the Federal Government;
“Minister” means the Minister charged with the responsibility for finance;
“Ordinance” means the Teachers’ Superannuation Ordinance 1963 (Sabah) [Sabah Ord. 20 of 1963];
“pension” means an annual superannuation allowance payable under section 7 of the Ordinance, and includes any gratuity, pension, or other retirement benefit payable under the Ordinance.
Section 3
Repeal and dissolution
The Ordinance is repealed and the Board and the Fund established thereunder are dissolved.
Section 4
Transfer of powers, rights, etc.
All powers, rights, privileges, duties, liabilities and obligations which immediately before the appointed date were those of the
Board shall, as from that date, devolve on the Government.
Section 5
Transfer of property
All immovable property and assets which immediately before the appointed date were vested in the Fund or in any person or body acting on its behalf shall, on the appointed date, vest in the
Government.
Section 6
Transfer of funds
All moneys standing in, or due to be paid to, the Fund shall, on the appointed date, be transferred to, and vest in the Government.
Section 7
Existing contracts, etc.
All deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the appointed date
7
Teachers’ Superannuation Fund (Sabah)
(Dissolution)
and affecting any of the property and moneys transferred under sections 5 and 6 shall be of full force and effect against or in favour of the Government and enforceable as fully and effectually as if, instead of the Board or the Fund, or any person or body acting on its behalf, the Government had been named therein or had been a party thereto.
Section 8
Officer responsible for payment of pension
The State Treasurer of Sabah shall be the officer responsible for effecting the payment of the amounts provided for in section 9.
Section 9
Payment of lump sum amount
(2)
The lump sum amount to be paid under subsection (1) shall be paid out of the moneys referred to in section 6 and, if such moneys are insufficient for such purpose, the property and assets referred to in section 5.
(3)
For the purposes of this section, “actuary” means the actuary appointed under the Ordinance by the Board for the purpose of determining the amount to be paid under this Act.
Payment without probate or letters of administration
Section 10
(2)
Where there are more than one dependant to whom payment may be made under subsection (1), the payment shall be made in equal amounts to the dependants.
(3)
Where there is no dependant, the amount payable under
8
subsection (1) shall become part of the deceased eligible person’s estate.
(4)
For the purpose of this section—
(i)
a child who is under twenty-one years of age of the eligible person and includes—
(A)
a posthumous child, a dependant stepchild and an illegitimate child of the eligible person; and
(B)
a child adopted by the eligible person under any written law relating to adoption or under any custom or usage, on satisfactory proof of such adoption;
and
(ii)
a child of any age who is mentally retarded or physically and permanently incapacitated and is incapable of supporting himself provided that such child is mentally retarded or physically and permanently incapacitated before the child reaches the age of twenty-one years;
and
(i)
a widow of a deceased eligible person;
(iv)
the mother of a deceased eligible person or if his mother is not living, his dependant father.
Payment to constitute full discharge
Section 11
Where payment is made in good faith under section 9 or 10
and in accordance with the provisions of this Act—
(a)
such payment shall constitute a full and proper discharge of all the liability of the Government under the Ordinance and this Act and no eligible person shall be entitled to any further payment thereafter; and
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Teachers’ Superannuation Fund (Sabah)
(Dissolution)
(b)
no action, suit or proceedings calling such payment in question or the payment of any other amount shall be brought or shall lie against the Government or any of its officers or servants.
Continuance of criminal and civil proceedings
Section 12
(2)
Any proceedings (whether civil or criminal) or cause of action pending or existing immediately before the appointed date by or against the Board or any person or body acting on its behalf may be continued or instituted by or against the Government as it might have been continued or instituted by or against the Board or such person or body as if this Act had not been passed.
(3)
Any appeal brought, or any leave to appeal applied for, on or after the appointed date, against a decision given before the appointed date in any legal proceedings to which the Board or any person or body acting on its behalf was a party may be brought by or against the Government as it might have been brought by or against the Board as if this Act had not been passed.
Prevention of difficulties or anomalies
Section 13
(2)
In this section, “modifications” includes amendments, additions, deletions, substitutions, adaptations, variations, alteration and non-application of any provision of this Act.
10
Cessation of regulations
Section 14
All regulations made under section 18 of the Ordinance shall cease to have effect on the appointed date.
11
Teachers’ Superannuation Fund (Sabah)
(Dissolution)
Act 584
LIST OF AMENDMENTS
Amending law
Short title
In force from
– NIL –
12
Act 584
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from
– NIL –
KUALA LUMPUR
Common questions
- What is AKTA KUMPULAN WANG PERSARAAN GURU-GURU (SABAH) (PEMBUBARAN) 1998?
- TEACHERS' SUPERANNUATION FUND (SABAH) (DISSOLUTION) ACT 1998 is Malaysia Act, cited as Act 584 1998, currently marked in force and first recorded in 1998.
- Is AKTA KUMPULAN WANG PERSARAAN GURU-GURU (SABAH) (PEMBUBARAN) 1998 still in force?
- Yes — AKTA KUMPULAN WANG PERSARAAN GURU-GURU (SABAH) (PEMBUBARAN) 1998 is currently in force.
- When did AKTA KUMPULAN WANG PERSARAAN GURU-GURU (SABAH) (PEMBUBARAN) 1998 take effect?
- AKTA KUMPULAN WANG PERSARAAN GURU-GURU (SABAH) (PEMBUBARAN) 1998 was first recorded in 1998.
- How many sections does AKTA KUMPULAN WANG PERSARAAN GURU-GURU (SABAH) (PEMBUBARAN) 1998 have?
- AKTA KUMPULAN WANG PERSARAAN GURU-GURU (SABAH) (PEMBUBARAN) 1998 contains 14 sections.
- Where can I read the official version of AKTA KUMPULAN WANG PERSARAAN GURU-GURU (SABAH) (PEMBUBARAN) 1998?
- The official text of AKTA KUMPULAN WANG PERSARAAN GURU-GURU (SABAH) (PEMBUBARAN) 1998 is published at lom.agc.gov.my.