Main Category

• Library > Legal Subjects > Employment Law > Pensions

Related Topics

• Hiring
• Firing
• Sexual Harassment
• Disputes
• Workmen's Compensation
• Employees Provident Fund (EPF)
• Social Security Organization (SOCSO)
• Occupational Safety & Health Act (OSHA)

WHEN IS A RETIREMENT CONSIDERED COMPULSORY RETIREMENT ?

An officer shall retire from the public service on attaining the age of 55 years.

Nevertheless, the above is not applicable to

• Clerk to the House of Representatives or the Clerk to the Senate
• Officers who have retired after the coming into force of the Pensions Act 1980 but before the publication thereof
• Officers who are in service and who within 6 months after the publication of the Pensions Act 1980 have attained the age of 55 years or more.

Where an officer attains the age of 55 years, and a criminal or disciplinary proceeding which may result in his conviction or dismissal is not concluded, his service shall be deemed to have been extended beyond that age but on no-pay leave until his case is determined.

However, if the criminal or disciplinary proceeding does not result in his conviction or dismissal, he shall retire on attaining the age of 55 years and the period of service after this age shall not be reckonable service.

In the case of a federal or local federal officer or state officer, such officer may be required to retire from the public service by the Yang di-Pertuan Agong

• where the Directory General or the State Secretary, as the case my be, is satisfied on medical evidence that the officer is incapable of discharging the duties of his officer, by reason of infirmity of mind or body likely to be permanent
• on the abolition of the officer held by him
• for the purpose of facilitating improvement in the organization of the department at which the officer belongs by which greater efficiency or economy may be achieved
• on the termination of the officer's employment in the public interest

WHEN IS A RETIREMENT CONSIDERED OPTIONAL RETIREMENT ?

An officer may apply for retirement after attaining the age of 45 years for

• a woman officer
• an officer of the fire service holding the rank of sub-officer and below
• a police officer below the rank of Assistant Superintendent of Police
• a prison officer below the rank of Superintendent
• a male nurse of a mental hospital

Optional retirement also includes retirement after attaining the age of 50 years for a male officer other than those officers stated above.

WHAT HAPPENS TO THE PENSION WHERE AN OFFICER DIES IN SERVICE ?

Where a pensionable officer dies in service, pension may be granted to the person prescribed in the regulations a derivative pension of not less than 1/5 of the deceased officer's last drawn salary and a derivative gratuity or a derivative gratuity only.

The pension granted above shall be payable for a period not exceeding 12 1/2 years from the date immediately following the date of death of the officer and thereafter the recipient, provided he is resident in Malaysia, shall continue to receive 70% of the amount granted.

Where an officer dies in the course and arising out of performing his official duty or due to a travel accident or contracting a disease to which he is exposed by the nature of his duty, derivative pension and derivative gratuity to an officers dependants may be granted in addition to the normal pension granted.