/akn/my/act/amendment_act/2011/A1410

STATUTORY AND LOCAL AUTHORITIES PENSIONS (AMENDMENT) ACT 2011

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Type
Amendment Act
Status
In force
Enacted
2011
Sections
11
Languages
MS · EN

Quick answer

About this amendment act

STATUTORY AND LOCAL AUTHORITIES PENSIONS (AMENDMENT) ACT 2011 is Malaysia Amendment Act, cited as Amendment Act A1410 2011, currently marked in force and first recorded in 2011.

Opening note

Preamble

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  1. An Act to amend the Statutory and Local Authorities Pensions Act 1980. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement

Section 2

The Statutory and Local Authorities Pensions Act 1980

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[Act 239], which is referred to as “the principal Act” in this

Act, is amended in section 5 by inserting after subsection (2)

the following subsection:

“(3)  Any pension, gratuity or other benefit granted to an employee who retires under section 11 shall be computed in accordance with the regulations where the total period of his reckonable service shall be counted as if he had served until his compulsory age of retirement, whichever is applicable to him.”.

Section 3

Amendment of section 6a

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(a)

in subsection (5), by substituting for the words “fifty-eight” the word “sixty”;

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(b)

in subsection (5a), by substituting for the words “1 July 2008” and “fifty-eight” the words “1 January 2012” and

“sixty” respectively;

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(i)

by substituting for the words “fifty-eight” and

“1 July 2008” the words “sixty” and “1 January 2012” respectively; and

(ii)

by inserting after the words “fifty-six years” the words “or fifty-eight years”; and

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(d)

in subsection (5c), by substituting for the words “fifty-eight” the word “sixty”.

Amendment of section 10

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Section 4

Section 10 of the principal Act is amended—

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(a)

in subsection (1), by substituting for the words “fifty-eight” the word “sixty”;

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(b)

in subsections (3) and (4), by substituting for the words

“or fifty-eight” the words “, fifty-eight or sixty”;

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(c)

in subsection (7), by substituting for the words “fifty-eight” and “1 July 2008” the words “sixty” and

“1 January 2012” respectively;

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(d)

in subsection (8), by substituting for the words “fifty-eight” and ”1 July 2008”, wherever they appear, the words “sixty” and “1 January 2012” respectively; and

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(e)

in subsection (9), by substituting for the words “fifty-eight” the word “sixty”.

Statutory and Local Authorities

Pensions (Amendment)

5

Amendment of section 12

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Section 5

Section 12 of the principal Act is amended—

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(a)

in subsection (3), by substituting for the words “fifty-eight” the words “fifty-five”;

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(c)

in subsection (4), by substituting for the words “, fifty-five years of age, fifty-six years of age or fifty-eight years of age” the words “or fifty-five years of age”.

Amendment of section 13

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Section 6

Section 13 of the principal Act is amended—

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(a)

in subsection (2), by substituting for the words “fifty-eight” the word “sixty”; and

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(b)

by substituting for subsection (2a) the following subsection:

“(2a)  Where an employee referred to in subsection (2)

who was appointed before 1 January 2012 had been given an option before such date and had not opted for the compulsory age of retirement of sixty years, subsection (2) shall apply to him with the words ‘fifty-five’ or ‘fifty-six’ or ‘fifty-eight’, as the case may be, being substituted for the word ‘sixty’.”.

Amendment of section 16

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Section 7

Section 16 of the principal Act is amended—

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(a)

in paragraph (1)(b), by substituting for the words “twelve and a half years”, wherever they appear, the words

“twenty years”; and

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(b)

in subsection (2), by deleting the words “22 or”.

Amendment of section 21

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Section 8

Section 21 of the principal Act is amended—

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(a)

by deleting the word “or” at the end of paragraph (a);

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(b)

by substituting for the full stop at the end of paragraph (b)

the words “; or”; and

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(c)

by inserting after paragraph (b) the following paragraph:

“(c) an order of a court issued in relation to bankruptcy matters under any written law relating to it.”.

Deletion of section 22

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Section 10

Amendment of section 26

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(a)

in subsection (2), by substituting for the words “fifty-eight” the word “sixty”;

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(b)

by substituting for subsection (2a) the following subsection:

“(2a)  Where an employee referred to in subsection (2)

who was reappointed before 1 January 2012 had been given an option before such date and had not opted for the compulsory age of retirement of sixty years, subsection (2) shall apply to him with the words ‘fifty-five’ or ‘fifty-six’ or ‘fifty-eight’, as the case may be, being substituted for the word ‘sixty’.”.

Savings and transitional

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Section 11

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(a)

has optionally retired;

Statutory and Local Authorities

Pensions (Amendment)

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(2)

The grant of a pension to an employee who before 1 January 2012—

(c)

has not attained his compulsory age of retirement, shall only be made from 1 January 2012.

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(3)

The payment of derivative pension or derivative retiring allowance in consequence of the amendments made under section 7 of this Act to any person prescribed in the regulations, if the period of twelve and a half years has expired before 1 January 2012, shall be dealt with as follows:

(a)

the period of twenty years shall be calculated from the date of the retirement of the officer;

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(b)

the persons shall not be entitled to the payment of derivative pension or derivative retiring allowance for the period after the expiration of twelve and a half years until 31 December 2011; and

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(c)

the payment of derivative pension or derivative retiring allowance shall only be made from 1 January 2012.

KUALA LUMPUR

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Common questions

What is AKTA PENCEN PIHAK BERKUASA BERKANUN DAN TEMPATAN (PINDAAN) 2011?
STATUTORY AND LOCAL AUTHORITIES PENSIONS (AMENDMENT) ACT 2011 is Malaysia Amendment Act, cited as Amendment Act A1410 2011, currently marked in force and first recorded in 2011.
Is AKTA PENCEN PIHAK BERKUASA BERKANUN DAN TEMPATAN (PINDAAN) 2011 still in force?
Yes — AKTA PENCEN PIHAK BERKUASA BERKANUN DAN TEMPATAN (PINDAAN) 2011 is currently in force.
When did AKTA PENCEN PIHAK BERKUASA BERKANUN DAN TEMPATAN (PINDAAN) 2011 take effect?
AKTA PENCEN PIHAK BERKUASA BERKANUN DAN TEMPATAN (PINDAAN) 2011 was first recorded in 2011.
How many sections does AKTA PENCEN PIHAK BERKUASA BERKANUN DAN TEMPATAN (PINDAAN) 2011 have?
AKTA PENCEN PIHAK BERKUASA BERKANUN DAN TEMPATAN (PINDAAN) 2011 contains 11 sections.
Where can I read the official version of AKTA PENCEN PIHAK BERKUASA BERKANUN DAN TEMPATAN (PINDAAN) 2011?
The official text of AKTA PENCEN PIHAK BERKUASA BERKANUN DAN TEMPATAN (PINDAAN) 2011 is published at lom.agc.gov.my.