1 -1. Interpretation.

In this Schedule, unless the context otherwise requires:

"child" means a child of a deceased Member under the age of 21 and includes-

(i) a posthumous child, a dependant stepchild or an illegitimate child;

(ii) a child adopted under any written law, custom or usage before the death of the Member; and

(iii) a child, adopted before the death of the Member whether or not under any written law, custom or usage, of a Member who professes the religion of Islam;

"Member" means a Member of the Administration as defined in Clause (2) of Article 160 of the Federal Constitution and includes a Member of either House of Parliament,the President and Deputy President of the Senate and the Speaker and Deputy Speaker of the House of Representatives who is not a Member of that House but does not include a Political Secretary who is not a Member of Parliament nor does it include a Member of

2 -2. Pension for Members.

(1) 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 1 July 1990 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.

(2) 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 three-fifths:

[(2) Subs. by P.U.(A) 38/2015]

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 serv

3 -3. Special provisions for Minister, etc. becoming back-benchers, etc.

(1) Notwithstanding subparagraph 2(3), a Member who does not hold the office of Prime Minister, Deputy Prime Minister, Minister, Deputy Minister or Parliamentary Secretary, President or Deputy President of the Senate, or Speaker or Deputy Speaker of the House of Representatives may be paid a pension granted under paragraph 2 if he had previously served as Prime Minister, Deputy Prime Minister, Minister, Deputy Minister or Parliamentary Secretary, President or Deputy President of the Senate, or Speaker or Deputy Speaker of the House of Representativesfor any period:

Provided that if he ceased to be a Member and the pension he receives is less than the maximum pension payable under subparagraph 2(2), then the pension may be recomputed on the basis of his salary received as Prime Minister, Deputy Prime Minister, Minister, Deputy Minister or Parliamentary Secretary,President or Deputy President of the Senate, or Speaker or Deputy Speaker of the Hou

4 -4. Gratuity for Members.

(1) 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.

(2) Notwithstanding subparagraph (1), a Member who ceases to hold the office of President or Deputy President of the Senate, or Speaker or Deputy Speaker of the House of Representatives, but continues to be Member of either House of Parliament may be paid a gratuity calculated under subparagraph (1).

(3) Notwithstanding subparagraph (1) and subject to subparagraph (4) (a) , a Member of the Administration who ceases to hold the office of Prime Minister, Deputy Prime Minister, Minister, Deputy Minister or Parliamentary Secretary and-

(a) continues to be a Member of either House of Parliament; or

(b) ceases to be a Member of either House of Parliament,

may be granted a gratuity ca

4A -4A. [Deleted by P.U.(A) 150/2003].

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

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

[Ins. by P.U.(A) 410/2000; Am. by P.U.(A) 150/2003]

(2) 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.

[Ins. by P.U.(A) 410/2000; Am. by P.U.(A) 150/2003]

(3) Subject to paragraph 10, the derivative pension granted under subparagraph (2) shall be payable from the date immediately after the date of death of the Member.

(4) In the case of a person who was a Member and had died between the period 31st

6 -6. Derivative pension where a person dies after ceasing to be a Member.

(1) Subject to paragraph 10, from 1 January 2009, where a Member dies after he ceased to be a Member, his dependants may be granted a derivative pension of the same amount as the pension which was paid or payable to him.

(2) Subparagraph (1) shall also apply to the dependants who have received the derivative pension prior to 1 January 2009.

[6. (1) & (2) Subs. by P.U.(A) 38/2015]

7 -7. [Deleted by P.U.(A) 38/2015].

8 -8. Dependants eligible to receive derivative pension and derivative gratuity.

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

(2) A derivative gratuity may be granted to-

(a) the persons specified under subparagraph (1); and

(b) the dependant parent of the deceased Member.

(3) 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.

(4) Notwithstanding subparagraph (1), if a widow or widower was married to a Member at any time within a period of twenty years from the last date the person ceased to be a Member, she or he shall be entitled only to a derivative pension under paragraph 6 for the remaining period of the twenty years and shall not be entitled to a derivative pension thereafter.

[8. (4) Subs. by P.U.(A) 38/2015]

(5) Notwithstanding the remaining period

9 -9. Apportionment of derivative pension or derivative gratuity.

(1) A derivative pension or derivative gratuity may be paid to the persons under subparagraphs 8(1) and (2) in such proportions as the Yang di-Pertuan Agong thinks fit and such derivative pension may be reapportioned whenever any one of such persons dies or ceases to be eligible for such payment.

[9. (1) Am. by P.U.(A) 38/2015]

(2) If the derivative pension is paid to any eligible person under subparagraph 8(1), and subsequently one or more person who are eligible make a claim for the derivative pension, the date of the reallocation of the derivative pension is one month from the date of such claim and any payment made before the date of the reallocation shall be deemed to be valid and properly made by the Government.

[9. (2) Ins. by P.U.(A) 38/2015]

10 -10. Cessation of derivative pension.

A derivative pension granted under this Schedule shall cease if the recipient-

(a) [Deleted by P.U.(A) 159/2003] ;

(b) is a child, upon his marriage;

(c) is a child, who on or after the age of 21 years ceases to be mentally retarded or physically and permanently incapacitated and incapable of supporting himself; or

(d) 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.

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

Where a Member or his dependants are eligible for pension or gratuity under this Schedule but the amount of such pension or gratuity is yet to be determined soon after his ceasing to be a Member or upon his death, the Yang di-Pertuan Agong may authorise a provisional payment to be made to such Member or his dependants pending such determination.

12 -12. Payment of pensions.

A pension granted under this Schedule may be paid monthly at the end of each month in which the pension falls due or at such other intervals as the Yang di-Pertuan Agong may determine either generally or in any particular case.

13 -13. Pension, etc, not to be assignable.

A pension or gratuity granted under this Schedule shall not be assignable or transferable or liable to be attached, sequestrated or levied upon in respect of any claim except for the purpose of satisfying-

(a) a debt due to the Government, the Government of any State or a statutory or local authority; or

(b) 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.

14 -14. Pension or gratuity not to be paid under certain circumstances.

(1) No pension or gratuity shall be granted under this Schedule to any person who has become disqualified from being a Member of either House of Parliament under circumstances described in paragraph (e) or (f) of Clause (1) of Article 48 of the Constitution.

(2) If any person to whom a pension has been granted under this Schedule has become disqualified from being a member of either House of Parliament 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 paragraph (e) of Clause (1) of Article 48 of the Constitution is removed by the Yang di-Pertuan Agong.

15 -15. Payment without grant of probate or letters of administration.

(1) 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.

(2) For the purpose of this paragraph, "unpaid" means unpaid by the Government or undrawn by the person.

16 -16. Reckonable service of certain persons.

(1) Where a person was a Member before the date of the coming into force of this Act, any period, continuous or otherwise, prior to such date but not earlier than 31 August 1957 may be taken into account for the purpose of calculating the length of his reckonable service.

(1A) For the purposes of subparagraph (1), the period served by a Member in the Federal Legislative Council shall be taken into account.

(2) A person who was a Political Secretary for any period and during such period was not concurrently a member of either House of Parliament 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 under this Schedule.

17 -17. Reckonable service for period in Legislative assembly, etc.

(1) Subject to subparagraph (2), where a person prior to being a Member was a member of the Legislative Assembly or Council Negeri of a State, the period, continuous or otherwise, during which he was a member of the Legislative Assembly or Council Negeri may be taken into account for the purpose of calculating the length of his reckonable service.

(2) 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 the Legislative Assembly or Council Negeri or if he had been granted both his pension and gratuity for that period under any law relating to pensions and gratuities for members of the Administration of a State and members of the Legislative Assembly or Council Negeri of a State.

18 -18. Medical facilities.

A person who ceases to be a Member and qualifies to receive a pension under paragraph 2, or his dependants, shall be entitled to receive such medical facilities on such terms and conditions as may be specified by the Cabinet from time to time.

19 -19. Regulations.

(1) The Yang di-Pertuan Agong may make regulations for the better carrying out of this Schedule.

(2) Without prejudice to the generality of subparagraph (1)-

(a) where a person or Member who before the coming into force of this Act had acquired any right or privilege in relation to pension or gratuity under the law repealed under section 13 and no provision exists in this Schedule to deal with this right or privilege, the regulations may provide for such right or privilege to continue with such modification as the Yang di-Pertuan Agong deems fit;

(b) where as a result of the implementation of the provisions of this Schedule a situation arises involving a determination whether a right or privilege in relation to a pension or derivative pension should, having regard to the principles underlying the provisions of this Schedule, accrue to a person who had ceased to be a Member between the period 31 Aug

19A -19A. Amendment of Schedule by order.

The Yang di-Pertuan Agong may by order amend this Schedule where it appears to him necessary or expedient so to do, and any amendment so made shall have effect as if enacted in this Schedule.

[Ins. by Act A504: s.3]

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EDITORIAL COMMENTS AND ANNOTATION

Whether subsidiary legislation made under s 19A to amend this schedule could have retrospective effect

Refer to Datuk Haji Idris Haji Bujang & Anor v. Ketua Pentadbiran Parlimen Malaysia & Ors [2024] 2 MLRA 710 where Court of Appeal stated that

"A piece of subsidiary legislation can always have retrospective effect if it only affects matters of procedure. Where however the subsidiary legislation affects vested or accrued rights or privileges, then the subsidiary legislation can only have retrospective

19B -19B. Delegation of powers.

Any of the powers conferred upon, or duties imposed on, the Yang di-Pertuan Agong by this Schedule, except the powers conferred by paragraphs 19 and 19A, may be exercised or performed by the Prime Minister or any other person authorized in writing by the Prime Minister.

[Ins. by Act A504: s.3]

20 -20. Recomputation of pension and derivative pension.

(1) Any pension granted under paragraph 2 or derivative pension granted under paragraph 5 or 6 shall be adjusted each year with an increment of two percent and shall be payable from January of each year.

(2) Subject to subparagraph (1) where a Member is granted a pension only upon attaining the age of fifty years by reason of him becoming a Member for the first time on or after 1 July 1990 and has ceased 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 ceased to be a Member, his pension shall be adjusted by an increment of two percent beginning from the second year he is granted the pension.

(3) The pension that has been adjusted under subparagraph (1) shall be payable from 1 January 2014.

(4) A pension or derivative pension which is granted to-

(a) a person who ceased to be a Member; or

(b) the dependa

21 -21. Benefits for former Prime Ministers.

(1) A person who ceases to hold the office of Prime Minister, or a person who had previously held the office of Prime Minister before the date of the coming into force of this Act, shall be entitled to such allowances and previleges at such rates and on such terms and conditions as may be determined by the Cabinet from time to time.

[Am. by P.U.(A) 236/2003]

(2) The determination by the Cabinet pursuant to subparagraph (1) shall apply mutatis mutandis to the allowances, benefit and previleges payable or confered pursuant to subsubparagraphs 2 (c) , (d) and (e) of the Tunku Abdul Rahman Putra Al-Haj Pension Act 1971 as if they were confered under subparagraph (1).

22 -22. [Deleted by P.U.(A) 38/2015].