1 PART I PRELIMINARY-1. Short title and application.

(1) This Act may be cited as the Judges' Remuneration Act 1971 .

(2) This Act applies to the office of Judge.

1A PART I PRELIMINARY-1A. Interpretation.

In this Act, unless the context otherwise requires-

  "child"  means a child of a deceased Judge-

(a) who is a child under twenty-one years of age and includes-

(i) a posthumous child, a dependent step-child and an illegitimate child of the Judge; and

(ii) a child adopted by the Judge under any written law relating to adoption or under any custom or usage, on satisfactory proof of such adoption; and

(b) who is a child of any age and is mentally retarded or physically and permanently incapacitated and is incapable of supporting himself;

"corresponding last drawn salary" [Deleted by Act A1462 of the year 2014] ;

  "dependant"  means a spouse, a child, the mother or the dependent father of a deceased Judge;

2 PART II SALARIES AND ALLOWANCES OF JUDGES-2. Salaries and allowances of Judges.

(1) There shall be paid to each of the Judges mentioned in the first column of the First Schedule salaries as may be specified in the corresponding second column of the said Schedule with effect from the date specified in the corresponding third column thereof.

(2) There shall be paid or accorded to each of the Judges mentioned in the first column of the Second Schedule such allowances or other privileges as may be specified in the said Schedule with effect from the date specified in the corresponding second column thereof.

3 PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-3. Pension and other benefits of Judge.

A Judge shall on his retirement be entitled to a pension and other benefits in accordance with this Act.

4 PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-4. Computation and amount of pension of Judge.

Subject to this Part, a Judge's pension shall be computed at the rate of 1/360 of his last drawn salary in respect of each completed month's service as a Judge:

Provided that in no case shall the pension so computed be more than 3/5 of his last drawn salary but without prejudice, however, to any adjustment of pension to his advantage that may be made in accordance with Part IIIA.

[Proviso Am. by Act A1401 of the year 2011]

5 PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-5. Period for maximum pension.

(1) For the purpose of computing a Judge's pension, the period of service for him to qualify for maximum pension shall be 18 years service as a Judge.

[(1) Am. by Act A1401 of the year 2011]

(2) For the purposes of subsection (1), where a Judge-

(a) has, as required by the Yang di-Pertuan Agong under section 8C, relinquished his office in order to serve in another capacity for any period in the national interest; and

(b) having completed his tour of duty in the other capacity is immediately reappointed to the office of Judge, the period of service as a Judge before, and the period during which he served in that other capacity after, he relinquished office as a Judge shall be counted as period of service as a Judge.

6 PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-6. Guaranteed pension period.

Subject to this Act, the pension and any other benefit payable under this Act shall continue for the life of that person to whom it is granted.

7 PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-7. Gratuity.

A Judge who is entitled to a pension under this Act shall also be entitled to a gratuity of an amount computed at the rate of seven and a half per centum of the amount arrived at by multiplying his total completed months of service as a Judge by his last drawn salary.

7A PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-7A. Period of service as Judicial Commissioner.

(1) For the purpose of computing a Judge's pension and gratuity under this Act, the period of his service asa JudicialCommissioner immediately before his appointment as a Judge shall be counted as part of his period of service as a Judge.

(2) Subsection (1) shall apply to a Judge who is still in service or has retired from service before the commencement of this section.

(3) Notwithstanding subsection (1) where any pension or gratuity has been paid to a Judge under any other law for the same period as the period which shall be counted as part of his period of service as a Judge, his pension and gratuity under this Act shall be reduced by the amount so paid.

[Subs. by Act A1401 of the year 2011]

8 PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-8. Pension and gratuity in certain cases of retirement, resignation and ceasing to hold office.

Where a person-

(a) retires from the office of a Judge on attaining the age of sixty-six years or such later time, not being later than six months after he attains that age pursuant to Clause (1) of Article 125 of the Federal Constitution;

(b) retires from the office of a Judge of the Federal Court, of the Court of Appeal or of the High Court under section 8A or 8B;

(c) resigns from the office of a Judge before attaining the age of sixty years but has held the office of a Judge for a continuous period in the aggregate of not less than five years from the effective date of his appointment as a Judge; or

[(c) Subs. by Act A1462 of the year 2014]

(d) ceases to hold such office before attaining the age of sixty-six years or at any time after he attains that age if he is holding such office pursuant to Clause (1) of Article 125 of the Federal Cons

8A PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-8A. Retirement on ill-health.

(1) A Judge who has not attained the age of sixty years may make representations in writing to the Chief Justice for permission to retire on grounds of ill-health.

(2) On receiving any representations from a Judge under subsection (1), the Chief Justice may constitute, in consultation with the Director General of Medical Services, a board of not less than three Medical Officers who have served for not less than ten years in the public service and of whom at least one is a person possessing specialist qualification in the branch of medicine relevant to the ill-health of the Judge concerned, to inquire into and report to the Chief Justice as to the health of the said Judge.

(3) Upon receipt of the report of such board of Medical Officers, the Chief Justice may, if satisfied that it would be in the interests of judicial administration that such Judge be granted permission to retire, recommend to the Prime Minister that permission be so gra

8B PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-8B. Retirement on special ground.

(1) A Judge of the Federal Court, of the Court of Appeal or of a High Court who has not attained the age of sixty years but has held the office of a Judge for a period in the aggregate of not less than ten years may, with the approval of the Chief Justice, make representations to the Yang di-Pertuan Agong for permission to retire to serve in another capacity; and the Yang di-Pertuan Agong may, upon being satisfied, on the recommendation of the Prime Minister, that it is of special significance and importance to the interests of a State or in the interests of Malaysia as a whole for the said Judge to serve in such said capacity, grant permission for the said Judge to so retire.

(2) For the avoidance of doubt, "a Judge of the Federal Court", for the purposes of this section, shall include the Chief Judges, President and the Chief Justice; and in its application to the Chief Justice, subsection (1) shall be read as if the words "with the approval

8C PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-8C. Relinquishment of office in the national interest.

A Judge of the Federal Court, the Court of Appeal or High Court who has not attained the age of sixty years may be required by the Yang di-Pertuan Agong to relinquish the office of a Judge in order to serve in another capacity for any period in the national interest.

9 PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-9. Special provision for Chief Justice, President and Chief Judge.

Notwithstanding anything in this Act but subject to section 8 a person holding the office of Chief Justice, President or Chief Judge shall be entitled to maximum pension if he has held either office or all the offices for a period in the aggregate of not less than three years;

[Subs. by Act A1401 of the year 2011]

---

The amendment in subsection (1) shall apply to a Judge who is still in service or has retired from service before the commencement of this section.

10 PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-10. Derivative pension and derivative gratuity where Judge dies in service.

(1) Subject to subsection (4), where a Judge dies in service, the Yang di-Pertuan Agong may grant-

(a) a derivative pension and a derivative gratuity to his spouse or child, or both spouse and child; and

(b) a derivative gratuity to his mother or, if his mother is not living, to his dependent father,

according to the entitlement of the Judge, computed in accordance with sections 4 and 7:

Provided that the amount of derivative pension granted shall not be less than 1/5 of the last drawn salary but without prejudice, however, to any adjustment of derivative pension to the recipients' advantage that may be made in accordance with Part IIIA.

(2) [Deleted by Act A1346/2009] .

(3) The derivative pension granted under subsection (1) shall be paid in accordance with subsection (2)-

(a) for life if the recipient is-

11 PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-11. Derivative pension where Judge dies in retirement.

(1) Where a Judge dies within or after the period of twenty years from the date of his retirement, the Yang di-Pertuan Agong may grant to his spouse or child, or both spouse and child, as the case may be, a derivative pension according to the entitlement of the Judge.

[Subs. by Act A1346/2009: s.4; Am. by Act A1412/2011]

(2) The derivative pension granted under subsection (1) shall be paid in accordance with that subsection-

(a) for life if the recipient is-

(i) a spouse;

(ii) a child referred to in paragraph (b) of the interpretation of "child" in section 1A;

(b) for the duration of his education if the recipient is a child who is receiving education in an institution of higher learning but not education leading beyond a first degree.

(3) Notwithstanding subsection (2), the payment of such deri

11A PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-11A. Circumstances in which payment of derivative pension shall not be made or shall cease.

(1) Notwithstanding sections 10 and 11, no payment of derivative pension shall be made or, if made, such payment shall cease where the recipient is

-

(a) [Deleted by Act A1170] ;

(b) a child, other than a child referred to in paragraph (b) of the interpretation of "child" in section 1A or in paragraph (c) , upon marriage or attaining the age of twenty-one years, whichever occurs earlier;

(c) a child who is receiving education in and instituition of higher learning but not education leading beyond a first degree, upon completing or ceasing to receive such education upon marriage, whichever occurs earlier.

(2) [Deleted by Act A1346/2009: s.5]

(3) [Deleted by Act A1346/2009: s.5]

11B PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-11B. Disability pension for Judge.

(1) Where a Judge ceases to hold office on the ground of inability from infirmity of body or mind or any other cause properly to discharge the functions of his office as a result of-

(a) sustaining an injury in the course and arising out of performing his official duty or due to a travel accident; or

(b) contracting a disease from his working environment, he shall be entitled, in addition to his pension and gratuity, to a disability pension computed as a fraction of his salary as follows:

Degree of Impairment	Rate Payable
Slightly impaired... ... ... ... ... ...	1/12
Impaire

11C PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-11C. Dependant's pension.

(1) Subject to subsection (5), where a Judge dies in any of the circumstances referred to in paragraph 11B(1) (a) or (b) and such death occurs within seven years of the date of sustaining the injury or contracting the disease referred to therein, his dependants shall be entitled, in addition to a derivative pension and any derivative gratuity, to a dependant's pension computed as a fraction of the Judge's salary as follows:

(a) to the widow	... ... ... ... ... ...	1/6
(b) if the deceased Judge leaves a widow to whom a dependent's pension is granted under paragraph (a) , in respect of each child up to six in number

11D PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-11D. Provisional award where amount of pension or other benefit yet to be determined.

Where a Judge or his dependants are eligible for any pension or other benefit under this Act but the amount of such pension or other benefit has not yet been determined, the Yang di-Pertuan Agong may make to such Judge or his dependants a provisional award of the pension or other benefit pending determination of the amount.

11E PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-11E. Payment without probate or letters of administration.

(1) Notwithstanding any written law to the contrary, where a Judge who is entitled to any payment under this Act dies before the payment is made, the amount remaining unpaid may be paid to his dependants without probate or letters of administration.

(2) Any unpaid amount under this section shall not form part of the deceased Judge's estate and shall be used for the benefit of his dependants.

(3) For the purpose of this section, "unpaid" means not yet paid by the Government or not yet drawn by the Judge.

12 PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-12. Judges appointed from the public service.

(1) Where a Judge is appointed from amongst members of the public service and he has not attained the age of fifty years, the person so appointed shall, for the purpose of the law relating to pension or gratuity applicable to him be deemed to have retired from that service as if he had attained the age of fifty years on the date immediately before the date of such appointment and that person shall be eligible for a pension or gratuity in accordance with the aforesaid law calculated with reference to the number of completed months reckonable service prior to the date of such appointment.

(2) Where a Judge is appointed from amongst members of the public service and he has attained the age of fifty years, the person so appointed shall for the purpose of the law relating to pension or gratuity applicable to him be deemed to have exercised his option to retire from that service after attaining the age of fifty years on the date immediately before th

13 PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-13. Pension not assignable or attachable.

No pension or other benefit granted under this Act shall be assignable or transferable, or liable to be attached, sequestered or levied upon, for or in respect of any debt or claim whatsoever other than a debt due to the Government.

14 PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-14. Consequential amendments.

(1) Section 2 of the Pensions Ordinance 1951 [No. 1 of 1951] , as applicable to the States of Malaya, is hereby amended by deleting the words "a Judge of the Supreme Court and" from the definition of "officer" therein.

(2) Subject to sections 12 and 16, so much of the Pensions Ordinance 1951 aforesaid, the Pensions Ordinance 1963, of Sabah [No. 3 of 1963] and the Pensions Ordinance of Sarawak [Cap. 89] as may be applicable to a Judge of the Federal Court or of the High Courts of Malaya and Sabah and Sarawak and so much of any notification made under section 2 respectively of the aforesaid pension laws respecting the office of a Judge shall upon the commencement of this Act be deemed to have no force or effect.

15 PART III PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-15. Saving.

(1) Nothing in this Act shall affect any pension or gratuity which has been granted or to which a Judge was eligible before the commencement of this Act; and the payment of the pension or gratuity so granted may be continued and the pension or gratuity in respect of which he was eligible may be granted, under such laws as may be applicable unless he has elected in accordance with section 16 to be governed by this Act.

(2) Nothing in this Act shall render the Government liable to pay any sum in excess of the amount payable to a Judge as pension or gratuity whether as interest or otherwise and whether the pension or gratuity shall have become payable before or after the commencement of this Act.

15A PART IIIA ADJUSTMENT OF PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-15A. Application of Part.

(1) Subject to this section, this Part shall apply in respect of-

(a) Judges who on retirement receive or are entitled to receive pensions or other benefits under Part III;

(b) the dependants of Judges referred to in paragraph (a) who, on the death in service or in retirement of the Judges concerned, receive or are entitled to receive pensions or other benefits under Part III.

[Am. by Act A1346/2009: s.6]

(2) [Deleted by Act A1346/2009: s.6] .

(3) [Deleted by Act A1346/2009: s.6] .

15B PART IIIA ADJUSTMENT OF PENSIONS AND OTHER BENEFITS OF JUDGES AND DEPENDANTS-15B. Adjustment of pensions and other benefits of Judges and dependants.

(1) Subject to Part III and this Part, pensions and other benefits granted to Judges and their dependants under this Act shall be adjusted annually by an increment of two percent in accordance with the provisions of this Act and shall be paid or be payable with effect from January of each year.

(2) Notwithstanding subsection (1), where the application of the specified rate of increment would result in a situation that is less favourable to a Judge appointed before the coming into operation of this section, the Yang di-Pertuan Agong may, by order in the Gazette, prescribe an appropriate higher percentage to be applied in such case.

(3) For the purpose of an order under subsection (2), the Yang di-Pertuan Agong may prescribe-

(a) different percentages of increment for different categories of recipients; and

(b) that the higher percentage of increment shall only apply for a specified year or a

16 PART IV GENERAL-16. Election.

A person who has been appointed a Judge before the commencement of this Act may within three months of the date of the commencement elect in writing to be governed by this Act; and if he does not so elect he shall continue to be governed by such other laws as may be applicable to him as if this Act has not been passed.

17 PART IV GENERAL-17. Payment of pension or other benefit.

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

18 PART IV GENERAL-18. Charge on the Consolidated Fund.

All payments made under this Act shall be charged on the Federal Consolidated Fund.

19 PART IV GENERAL-19. Regulations.

(1) The Yang di-Pertuan Agong may, after consultation with the Chief Justice, make regulations for the purpose of carrying into effect any of the provisions of this Act.

(2) Regulations made under subsection (1) may amend or vary the First, Second and Fifth Schedules.

19A PART IV GENERAL-19A. Remuneration of Judicial Commissioners.

A Judicial Commissioner shall be entitled to receive such renumeration as is provided in the Fifth Schedule.

[Am. by P.U.(A) 128/2008; Act A1338/2008: s.4]

20 PART IV GENERAL-20. Repeal.

The Judges Remuneration Act 1963 is repealed.