Members Administration And Members Legislative Assembly Remuneration Enactment 1981

in the case of the Speaker, a monthly salary of twenty two thousand eight hundred sixty nine ringgit, in addition to the monthly allowance payable to a member of the Legislative Assembly as specified in section 3 irrespective of

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Other allowances and privileges for persons under sections 3 and 4.

in the case of the Deputy Speakers, a monthly salary of seventeen thousand seven hundred eighty seven ringgit in addition to the monthly allowance payable to him as a member of the Legislative Assembly specified in section 3.

The remuneration of the Members of the Administration shall consist of—

Where a Member of the Administration is a Member of the Legislative

Assembly, he shall be entitled, in addition to the salary specified in subsection (1), to the monthly allowance payable to him as a Member of the Legislative Assembly as specified in section 3.

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A Member of the Administration shall also be entitled to such other allowances and privileges at such rates and on such terms and conditions as may be specified by the Cabinet from time to time.

Commencement of salaries and allowances.

and (2) of section 6 and payable shall—

Subject to subsections (2)

and (3), the salaries, allowances and benefits payable under this Enactment shall be paid out of monies provided by the Legislative

Assembly.

The remuneration of the Speaker and Deputy Speaker of the Legislative

Assembly under this Enactment shall be charged on the State Consolidated Fund.

Pensions and gratuities payable under the provision of the First Schedule shall be charged on the State Consolidated Fund.

Appointment of Political Secretaries.

The Chief Minister may appoint any person who is a member of the

Legislative Assembly or who is qualified to be a member of the Legislative Assembly to be a

Political Secretary and may at any time and without assigning any reason therefor terminate any such appointment.

A person appointed to be a Political Secretary shall vacate his office—

The duties and functions of a Political Secretary shall be exclusively political in nature and shall in no circumstances extend to the taking of any action in connection with the functioning or administration of any department of the Government, or with any matter falling to be dealt with by the officers of any such department.

Subject to the provisions of subsection (1) of this section, the duties and functions of a Political Secretary shall be such as may be determined by the Minister to whom he is for the time being assigned by the Chief Minister, and shall be executed and performed by him in accordance with the directions of that Minister.

Amendment of Schedule 15A. The Yang di-Pertua Negeri may amend the Schedule by order published in the

Gazette.

Repeal and savings.

Cabinet (Remuneration) Enactment 1963 [En. No. 29/63.].

Speaker (Remuneration) Enactment 1963 [En. No. 30/63.].

Legislative Assembly (Members’ Remuneration) Enactment 1963 [En. No.

31/63.].

Political Secretaries Enactment 1965 [En. No. 7/65.].

Assistant Ministers (Remuneration) Enactment 1971 [En. No. 18/71.].

Opposition Leader (Remuneration) Enactment 1976 [En. No. 9/76.].

FIRST SCHEDULE

(Sections 8, 10, 12, and 16)

Interpretation.

a posthumous child, a dependant stepchild, or an illegitimate child;

in relation to a member of the Legislative Assembly, the monthly allowance payable to him under section 3;

in relation to the Speaker and Deputy Speaker of the Legislative

Assembly, the sum of the monthly salary and the monthly allowance payable to him under section 4;

in relation to the Chief Minister, the Deputy Chief Minister, Minister,

Assistant Minister or a Political Secretary, the sum of the monthly salary and the monthly allowance payable to him under subsections (1) and (2)

of section 6.

Pension for Members.

A person who ceases to be a Member may be granted a pension if he has completed 36 months of reckonable service:

Provided that where a person who becomes a Member for the first time on or after the 1st January 1996 ceases to be a Member upon completing thirty-six months of reckonable service but has not attained the age of fifty years on the date he ceases to be a Member, he may be granted a pension only upon his thereafter attaining the age of fifty years.

The monthly pension payable under subparagraph (1) shall be calculated on the following formula—

1/144 x period of reckonable service x salary, subject to a maximum of half of salary:

Provided that the pension payable under this paragraph shall be based on the highest drawn salary of the Member during any period of reckonable service:

Provided further that any reckonable service in the case of a person who ceases to be a Member either through death or dissolution of the Legislative Assembly or through disqualification under Article 17 (1) (a) of the State Constitution shall, where it is less

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than 36 months, be deemed to be 36 months of reckonable service.

In the case of a person who becomes a Member for the first time on or after the 1st January 1996 but has not attained the age of fifty years on the date he ceases to be a Member, the salary on which a pension will be granted under subparagraph (2) shall be the last revised salary before the pension is granted to him.

A pension granted under this paragraph shall continue for the life of that person to whom it is payable but shall not be payable in respect of any period during which he is again a Member and is in receipt of a salary in respect thereof:

Provided that such period, subject to subparagraphs (1) and (2), shall be taken into account for calculating the pension that will be payable on his ceasing again to be a member.

In the case of a person who was a Member (other than as a Political

Secretary) at any time on or after 16th September 1963 and is still living, he may be granted a pension under subparagraphs (1) and (2) from the date of the coming into force of this Enactment based on his salary adjusted to the salary of a Member as is appropriate and in accordance with the provision of this Schedule.

Special provisions for Chief Minister, etc., becoming backbenchers, etc..

A person who ceases to be a Member may be granted a gratuity calculated on the following formula—

1/48 x salary x 12 x period of reckonable service not exceeding 72 months.

The gratuity payable under this paragraph shall be based on the highest drawn salary of the Member during any period of reckonable service.

Any gratuity or cash award that has been paid to a Member in respect of any period of reckonable service shall be deducted from the gratuity that falls due to be paid under this paragraph.

Notwithstanding subparagraph (1), a Member who ceased to hold the office of Chief Minister, Deputy Chief Minister, Speaker, Minister, Deputy Speaker or

Assistant Minister but continues to be a member of the Legislative Assembly may be paid a gratuity under this paragraph at the time he ceased to hold such office:

Provided that when he ceased to be Member, the gratuity that has been paid to him shall be deducted from the gratuity that falls due to be paid under this paragraph.

Derivative pension or gratuity when a Member dies whilst being a Member.

Where a Member dies and qualifies to receive a pension under paragraph 2 and a gratuity under paragraph 4, the Yang di-Pertua Negeri may under paragraph 8, grant to his dependants a derivative pension and derivative gratuity or a derivative gratuity only.

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Subject to paragraph 3, the derivative pension and derivative gratuity payable under subparagraph (1) shall be calculated in the same manner as the calculation for pension under subparagraph (2) of paragraph 2 and the calculation for gratuity under paragraph 4.

Subject to paragraph 10, the derivative pension granted under subparagraph (2) shall be payable for a period not exceeding twelve and a half years from the date immediately following the date of death of the Member, and thereafter the defendants shall continue to receive seventy per centum of the derivative pension granted.

In the case of a person who was a Member (other than as a Political

Secretary) at any time on or after 16th September 1963 and had died and left dependents within the meaning of paragraph 8, the dependants may, from the date of the coming into force of this Enactment, if they are not ineligible under paragraph 10 as from the date of the coming into force of this Enactment, be granted a derivative pension under paragraph 5, 6, or 7, as the case may be, based on the salary of that person adjusted to the salary of a Member as is appropriate and in accordance with the provisions of this Schedule.

Derivative pension where a person dies within twelve and a half years.

A derivative pension may be granted to the widow or widower and the child of the deceased Member.

A derivative gratuity may be granted to—

Where there are no such persons under subparagraphs (1) and (2), a derivative gratuity only may be granted to the next-of-kin of the deceased Member.

Notwithstanding subparagraph (1), if a widow or widower was married to a person after that person has ceased to be a Member and only if the marriage was contracted within twelve and a half years of his last ceasing to be a Member, the widow or the widower, as the case may be, shall be entitled to only a derivative pension under the provisions of paragraph 6 for the remaining portion of the twelve and half years period mentioned therein and shall not be entitled to a derivative pension thereafter.

Apportionment of derivative pension or derivative gratuity.

is a widow or widower, upon remarriage;

is a child, upon his marriage;

is a child, who on or after the age of 21 years, ceased to be mentally retarded or physically and permanently incapacitated and incapable of

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supporting himself; or

is a child, who on or after the age of 21, ceases to receive education in an institution of higher learning but not beyond education leading to a first degree.

Provisional payment where amount of pension, etc., yet to be determined.

a debt due to the State Government, the Federal Government or any other State Government, or a statutory or local authority; or

an order of a Court for the payment of periodical sums of money towards the maintenance of a wife or former wife or child of the person who ceased to be a Member and to whom the pension or gratuity has been granted.

Pension or gratuity not to be paid under certain circumstances.

No pension or gratuity shall be granted under this Schedule to any person

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who has become disqualified from being a Member of the Legislative Assembly under circumstances described in Article 17 (1) (e) or (g) of the State Constitution.

Where any person to whom a pension has been granted under this

Schedule has become disqualified from being a member of the Legislative Assembly under circumstances described in subparagraph (1), the pension shall forthwith cease:

Provided that the pension shall be restored with retrospective effect in the case of a person whose disqualification under the said Article 17 (1) (e) is removed by the Yang di-Pertua Negeri.

No pension or gratuity shall be granted under this Schedule to any person who has held the office of Political Secretary whilst not being then concurrently a member of the Legislative Assembly if—

A pension granted under this Schedule to a person who has held the office of Political Secretary whilst not being then concurrently a Member of the

Legislative Assembly shall forthwith cease if—

Notwithstanding any written law to the contrary, where a person to whom any payment could be made under this Schedule dies before the payment is made and the amount remains unpaid, the amount so unpaid may be paid to his dependants without there being a grant of probate or letters of administration in respect of his estate.

For the purposes of this paragraph, “unpaid” means unpaid by the

Government or undrawn by the person.

Reckonable service of certain persons.

Where a person was a Member before the date of coming into force of this Enactment, any period continuous or otherwise prior to such date but not earlier than 16th September 1963 may be taken into account for the purpose of calculating the length of his reckonable service.

A person who was a Political Secretary for any period and during such period was not concurrently a Member of the Legislative Assembly shall cease to receive the pension payable to him by virtue of his having been a Political Secretary when he becomes a Member, but the period of service as a Political Secretary may be taken into account for the purpose of calculating the length of his reckonable service for pension and gratuity under this Schedule.

Reckonable service for period in either House of Parliament.

Subject to subparagraph (2), where a person prior to being a Member was a Member of either House of Parliament, the period continuous or otherwise during which he was a Member of either House of Parliament may be taken into account for the purpose of calculating the length of his reckonable service.

No period under subparagraph (1) shall be taken into account for the purposes of this Schedule if a Member had been disqualified from being a Member of either House of Parliament or if he had been granted his pension and gratuity for that period under any federal law relating to pensions and gratuities for Members of the

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Administration and Members of Parliament.

Medical facilities.

The Yang di-Pertua Negeri may make regulations for the better carrying out of this Schedule.

Without prejudice to the generality of subparagraph (1) -

(Deleted)

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Any of the powers conferred upon or duties imposed on the Yang di-Pertua Negeri by the provisions of this Schedule except those under this paragraph may be exercised by the Chief Minister or any other person authorised in writing by the

Chief Minister*.

Recomputation of pension and derivative pension.

Whenever the salaries of Members are revised, the salary on which a pension granted under paragraph 2 or a derivative pension granted under paragraphs 5, 6 or 7 is based shall be adjusted to the revised salary as appropriate and the pension or derivative pension recomputed accordingly.

The recomputed pension under subparagraph (1) shall be payable with effect from the coming into force of the revised salaries.

In the case of a person who, before the coming into force of this Enactment, ceased to be a Member and he or his dependant is in receipt of a pension or a derivative pension, as the case may be, the grant of the pension or derivative pension shall be governed by the provisions of this Schedule and the salary on which a pension granted under paragraph 2 or a derivative pension granted under paragraph 5, 6 or 7 is based shall be adjusted to the salary of a Member as appropriate and the pension or derivative pension shall be recomputed accordingly and be payable with effect from the date of the coming into force to this Enactment and thereafter such pension or derivative pension shall be recomputed and payable in accordance with subparagraphs

and (2) whenever there is a revision of salaries.

SECOND SCHEDULE

(Sections 9, 10 and 12)