237 - MEMBERS OF PARLIAMENT (REMUNERATION) ACT 1980

Members of Parliament (Remuneration) 1 LAWS OF MALAYSIA REPRINT Act 237 MEMBERS OF PARLIAMENT (REMUNERATION) ACT 1980 As at 1 May 2018 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2018 2 Laws of Malaysia Act 237 MEMBERS OF PARLIAMENT (REMUNERATION) ACT 1980 Date of Royal Assent ... ... ... ... ... 31 July 1980 Date of publication in the Gazette ... ... 7 August 1980 Latest amendment made by Act A1491 which came into operation on … … … … ... 1 January 2015 PREVIOUS REPRINTS First Reprint ... ... ... ... 2001 Second Reprint ... ... ... ... 2006 Members of Parliament (Remuneration) 3 LAWS OF MALAYSIA Act 237 MEMBERS OF PARLIAMENT (REMUNERATION) ACT 1980 ARRANGEMENT OF SECTIONS Section 1. Short title and commencement 2. Interpretation 3. Remuneration of Members of Parliament 4. Remuneration of President of Senate, Speaker, etc. 5. Other allowances and privileges for persons under sections 3 and 4 6. Remuneration of Members of the Administration 7. Commencement of salaries and allowances 8. Pensions and gratuities 9. Accident benefits 10. Reduction of allowances by Parliament 11. Provision against duplicate salaries 12. Moneys to be provided or charged 13. Repeal and savings 14. Repeal FIRST SCHEDULE SECOND SCHEDULE 4 Laws of Malaysia Act 237 Members of Parliament (Remuneration) 5 LAWS OF MALAYSIA Act 237 MEMBERS OF PARLIAMENT (REMUNERATION) ACT 1980 An Act to provide for the remuneration of Members of Parliament and for other matters incidental thereto or connected therewith. [1 July 1980] BE IT ENACTED by the Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Short title and commencement 1. This Act may be cited as the Members of Parliament (Remuneration) Act 1980 and shall come into force on 1 July 1980. Interpretation 2. In this Act, unless the context otherwise requires— “Member” means a Member of the Administration, a Member of Parliament, the President and Deputy President of the Senate and the Speaker and Deputy Speaker of the House of Representatives; “Member of the Administration” has the meaning assigned to it in Clause (2) of Article 160 of the Constitution but does not include a Political Secretary; “Member of Parliament” means a member of the Senate or the House of Representatives. 6 Laws of Malaysia Act 237 Remuneration of Members of Parliament 3. (1) The remuneration of Members of Parliament shall consist of— (a) in the case of a member of the Senate, a monthly allowance of eleven thousand ringgit; (b) in the case of a member of the House of Representatives, a monthly allowance of sixteen thousand ringgit. (2) Where a Member of Parliament is designated as Leader of the Opposition, he shall be entitled, in addition to the monthly allowance specified in paragraph (1)(b), to a monthly allowance of three thousand eight hundred and forty-six ringgit and fifty-nine sen. Remuneration of President of Senate, Speaker, etc. 4. The remuneration of the President and Deputy President of the Senate and the Speaker and Deputy Speaker of the House of Representatives shall consist of— (a) in the case of the President of the Senate, a monthly salary of thirty-one thousand ringgit in addition to the monthly allowance payable to him as a member of the Senate as specified in paragraph 3(1)(a); (b) in the case of the Speaker of the House of Representatives, a monthly salary of thirty-one thousand ringgit in addition to the monthly allowance payable to a member of the House of Representatives as specified in paragraph 3(1)(b) irrespective of whether or not the Speaker is a member of the House of Representatives; (c) in the case of the Deputy President of the Senate, a monthly salary of twenty-two thousand ringgit in addition to the monthly allowance payable to him as a member of the Senate as specified in paragraph 3(1)(a); Members of Parliament (Remuneration) 7 (d) in the case of the Deputy Speaker of the House of Representatives, a monthly salary of twenty-two thousand ringgit in addition to the monthly allowance payable to him as a member of the House of Representatives as specified in paragraph 3(1)(b). Other allowances and privileges for persons under sections 3 and 4 5. In addition to the allowances payable under section 3 and the salaries and allowances payable under section 4, the persons specified in those sections shall also be entitled to such other allowances and privileges at such rates and on such terms and conditions as may be directed by the Yang di-Pertuan Agong and such direction shall be laid before each House of Parliament. Remuneration of Members of the Administration 6. (1) The remuneration of the Members of the Administration shall consist of— (a) in the case of the Prime Minister, a monthly salary of twenty-two thousand eight hundred and twenty-six ringgit and sixty-five sen; (b) in the case of the Deputy Prime Minister, a monthly salary of eighteen thousand one hundred and sixty-eight ringgit and fifteen sen; (c) in the case of a Minister, a monthly salary of fourteen thousand nine hundred and seven ringgit and twenty sen; (d) in the case of a Deputy Minister, a monthly salary of ten thousand eight hundred and forty-seven ringgit and sixty-five sen; (e) in the case of a Parliamentary Secretary, a monthly salary of seven thousand one hundred and eighty-seven ringgit and forty sen. 8 Laws of Malaysia Act 237 (2) (a) Where a Member of the Administration is a member of the Senate, 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 Senate as specified in paragraph 3(1)(a). (b) Where a Member of the Administration is a member of the House of Representatives, 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 House of Representatives as specified in paragraph 3(1)(b). (3) Where a Member of the Administration is designated as Leader of the House of Representatives, he shall be entitled, in addition to the salary specified in subsection (1) and the monthly allowance specified in paragraph 3(1)(b), to a monthly allowance of three thousand eight hundred and forty-six ringgit and fifty-nine sen. (4) Where a Member of the Administration is designated as Deputy Leader of the House of Representatives, he shall be entitled, in addition to the salary specified in subsection (1) and the monthly allowance specified in paragraph 3(1)(b), to a monthly allowance of one thousand nine hundred and eighty-three ringgit and nineteen sen. (5) 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 7. All monthly salaries and allowances specified in subsections 3(1) and (2), section 4 and subsections 6(1), (2), (3) and (4) and payable shall— (a) commence from the date of the coming into force of this Act, or from the date of appointment or election, whichever is the later, of the Member of Parliament, the President or Deputy President of the Senate, the Speaker or Deputy Speaker of the House of Representatives, the Members of Parliament (Remuneration) 9 Members of the Administration, the Leader or Deputy Leader of the House of Representatives or the Leader of the Opposition, as the case may be; (b) accrue from day to day and be payable on the last day of each month or on such other day of the month as the Minister of Finance may determine from time to time. Pensions and gratuities 8. A Member shall be entitled to such pension, gratuity and other benefits as are prescribed in the First Schedule. Accident benefits 9. A Member shall be entitled to such accident benefits as are prescribed in the Second Schedule. Reduction of allowances by Parliament 10. The amounts specified in or under this Act as being the amount of any salaries, allowances or benefits payable out of moneys provided by Parliament and not charged on the Consolidated Fund shall be taken to be the maximum amounts so payable, and notwithstanding the provisions of this Act or any provision made under it as to such amounts, the salaries, allowances and benefits payable in any month in respect of any office may be of lesser amounts than those specified or prescribed. Provision against duplicate salaries 11. Unless otherwise provided, a Member to whom any salary is payable under this Act shall be entitled to receive only such salary and allowances but if he is the holder of two or more offices in respect of which a salary and allowances are so payable and there is a difference in the salaries and allowances payable in respect of those offices, the office in respect of which such salary and allowances are payable shall be in respect of which the highest salary is payable. 10 Laws of Malaysia Act 237 Moneys to be provided or charged 12. (1) Subject to subsections (2) and (3), the salaries, allowances and benefits payable under this Act shall be paid out of moneys provided by Parliament. (2) The remuneration of the President of the Senate and the Speaker of the House of Representatives shall be charged on the Consolidated Fund. (3) Pensions and gratuities payable under the provisions of the First Schedule shall be charged on the Consolidated Fund. Repeal and savings 13. The Members of the Administration and Members of Parliament (Pensions and Gratuities) Act 1971 [Act 23] is repealed: Provided that where a person or his dependent was in receipt of a pension or derivative pension, as the case may be, under the provisions of that Act, such pension or derivative pension shall be recomputed under paragraph 20 of the First Schedule and shall continue to be payable under the provisions of that Schedule. Repeal 14. The following laws are repealed: (a) Ministers (Remuneration) Ordinance 1957 [Ord. 63 of 1957]; (b) President of the Senate (Remuneration) Act 1960 [Act 2 of 1960]; (c) Parliament (Members’ Remuneration) Act 1960 [Act 4 of 1960]; (d) Deputy Ministers Act 1960 [Act 5 of 1960]; (e) Speaker (Remuneration) Act 1960 [Act 7 of 1960]; (f) Parliamentary Secretaries (Remuneration) Act 1965 [Act 32 of 1965]. Members of Parliament (Remuneration) 11 First schedule [Sections 8, 10, 12 and 13] Interpretation 1. In this Schedule, unless the context otherwise requires— “child” means a child of a deceased Member under the age of twenty-one 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 the Administration of a State; “reckonable service” means the period in months during which a person is a Member whether continuously or in two or more separate periods; and for the purpose of calculating the length of a Member’s reckonable service, all periods of reckonable service shall be aggregated; “salary” means— (a) in relation to a Member of Parliament, the monthly allowance payable to him under subsection 3(1); (b) in relation to the President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House of Representatives, the sum of the monthly salary and the monthly allowance payable to him under section 4; (c) in relation to the Prime Minister, the Deputy Prime Minister, a Minister, a Deputy Minister or a Parliamentary Secretary, the sum of the monthly salary and the monthly allowance payable to him under subsections 6(1) and (2). 12 Laws of Malaysia Act 237 Pension for Members 2. (1) A person who ceases to be a Member may be granted a pension if he has completed thirty-six 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 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 Parliament or through disqualification under paragraph (a) of Clause (1) of Article 48 of the Constitution shall, where it is less than thirty-six months, be deemed to be thirty-six months of reckonable service. (2a) In the case of a person who becomes a Member for the first time on or after 1 July 1990 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. (3) 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. (4) In the case of a person who was a Member at any time on or after 31 August 1957 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 Act based on his salary adjusted to the salary of a Member as is appropriate and in accordance with the provisions of this Schedule. Members of Parliament (Remuneration) 13 Special provisions for Minister, etc., becoming back benchers, etc. 3. (1) Notwithstanding subparagraph 2(3), a Member who does not hold the office of Prime Minister, Deputy Prime Minister, Minister, Deputy Minister, Parliamentary Secretary, President or Deputy President of the Senate, or Speaker or Deputy Speaker of the House of Representatives may be paid a pension under paragraph 2 if he had previously served as Prime Minister, Deputy Prime Minister, Minister, Deputy Minister, Parliamentary Secretary, President or Deputy President of the Senate, or Speaker or Deputy Speaker of the House of Representatives for 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, Parliamentary Secretary, President or Deputy President of the Senate, or Speaker or Deputy Speaker of the House of Representatives, as the case may be, and on the reckonable service which shall include so much of the period he served as a Member, other than as Prime Minister, Deputy Prime Minister, Minister, Deputy Minister, Parliamentary Secretary, President or Deputy President of the Senate, or Speaker or Deputy Speaker of the House of Representatives, so that he may receive the maximum possible pension payable under subparagraph 2(2). (2) Notwithstanding subparagraph 2(2)— (a) in the case of a person who has held the office of Prime Minister and where the length of his reckonable service is thirty-six months or less, the monthly pension payable under subparagraph 2(2) shall be that sum computed on the basis of thirty-six months reckonable service or three thousand ringgit, whichever is the greater; and (b) in the case of a person who has held the office of Prime Minister and where the length of his reckonable service is more than thirty-six months but the pension payable under subparagraph 2(2) is less than three thousand ringgit, the monthly pension payable shall be three thousand ringgit. Gratuity for Members 4. (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). 14 Laws of Malaysia Act 237 (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 calculated under subparagraph (1). (4) For the purpose of calculating the gratuity under subparagraph (1)— (a) if a gratuity falls due to be payable to a Member of the Administration under subparagraph (3), “period of reckonable service” shall be the period of reckonable service as a Member up to seventy-two months and if such period exceeds seventy-two months, only such period of service as a Member of Administration shall be reckoned; and (b) if a gratuity falls due to be payable to a Member who is not a Member of the Administration, “period of reckonable service” shall be any period of reckonable service not concurrent with a period of reckonable service for which gratuity has been calculated subject to subparagraph (a). (5) Any gratuity that had been paid to the Member of Administration who is a Member of the House of Representatives upon the dissolution of Parliament shall be deducted from the gratuity that falls due to be paid under subparagraph (1). (6) The gratuity payable under subparagraph (1) shall be based on the highest drawn salary of the Member during the period of reckonable service as determined under subparagraph (4). (7) Any gratuity or cash award that has been paid to a Member in respect of any period of reckonable service as determined under subparagraph (4) shall be deducted from the gratuity that falls due to be paid under subparagraph (1). Derivative pension or gratuity when a Member dies whilst being a Member 5. (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. (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(2) and the calculation for gratuity under paragraph 4. Members of Parliament (Remuneration) 15 (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 at any time on or after 31 August 1957 and had died and left dependants within the meaning of paragraph 8, the dependants may, from the date of the coming into force of this Act, if they are not ineligible under paragraph 10 as from the date of the coming into force of this Act, be granted a derivative pension under paragraph 5 or 6, 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 after ceasing to be a Member 6. (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. 7. (Deleted by P.U. (A) 38/2015). Dependants eligible to receive derivative pension and derivative gratuity 8. (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 is 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. (5) Notwithstanding the remaining period of twenty years mentioned in subparagraph (4), the derivative pension shall be calculated and payable from 1 January 2012. 16 Laws of Malaysia Act 237 Apportionment of derivative pension or derivative gratuity 9. (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. (2) If the derivative pension is paid to any eligible person under subparagraph 8(1), and subsequently one or more persons 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 payments made before the date of the reallocation shall be deemed to be valid and properly made by the Government. Cessation of derivative pension 10. 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 twenty-one 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 twenty-one, 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 11. 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 authorize a provisional payment to be made to such Member or his dependants pending such determination. Payment of pensions 12. 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. Members of Parliament (Remuneration) 17 Pension, etc., not to be assignable 13. 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. Pension or gratuity not to be paid under certain circumstances 14. (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. Payment without grant of probate or letters of administration 15. (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. Reckonable service of certain persons 16. (1) Where a person was a Member before the date of the coming into force of this Act, any period, continuously 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. 18 Laws of Malaysia Act 237 (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 and gratuity under this Schedule. Reckonable service for period in Legislative Assembly, etc. 17. (1) Subject to subparagraph (2), where a person prior to being a Member was a member of the Legislative Assembly or Dewan Undangan Negeri of a State, the period, continuously or otherwise, during which he was a member of the Legislative Assembly or Dewan Undangan 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 Dewan Undangan 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 Dewan Undangan Negeri of a State. Medical facilities 18. 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. Regulations 19. (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 Members of Parliament (Remuneration) 19 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 August 1957 and the date of the coming into force of this Act or to the dependants of such person, and justice and equity require it to be dealt with, the regulations may provide for the conferment of a right or privilege to such person upon such terms and conditions as the Yang di-Pertuan Agong deems fit. Amendment of Schedule by order 19a. 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. Delegation of powers 19b. 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. Recomputation of pension and derivative pension 20. (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 per cent 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 ceases to be a Member, his pension shall be adjusted by an increment of two per cent 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 dependants of a deceased Member, prior to 1 January 2014, shall first be adjusted in accordance with the First Schedule to the Act until 31 December 2013 as if the First Schedule has not been amended by this Order, before the readjustment of the pension or derivative pension is made in accordance with subparagraph (1). 20 Laws of Malaysia Act 237 (5) Any pension or derivative pension which has been adjusted pursuant to subparagraph (4) shall be recalculated in accordance with subparagraph (1) and shall be payable from 1 January 2014. (6) The provisions of subparagraph (4) shall apply mutatis mutandis to the pension payable under subparagraph 2(b) of the Tunku Abdul Rahman Putra Al-Haj Pension Act 1971 [Act 22] as if it were a pension under this Schedule and paragraphs 5 and 6, as the case may be, shall apply. Benefits for former Prime Ministers 21. (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 privileges at such rates and on such terms and conditions as may be determined by the Cabinet from time to time. (2) The determination by the Cabinet pursuant to subparagraph (1) shall apply mutatis mutandis to the allowances, benefits and privileges payable or conferred pursuant to subparagraphs 2(c), (d) and (e) of the Tunku Abdul Rahman Putra Al-Haj Pension Act 1971 as if they were conferred under subparagraph (1). 22. (Deleted by P.U. (A) 38/2015). second schedule [Sections 9, 10 and 12] 1. Where death or permanent disablement is caused by an injury sustained in an accident as specified in column I by the Members specified in column II, the benefits payable shall be those specified under the respective subcolumns except that in the case of death being the consequence of the injury sustained in the accident, the respective dependants or next-of-kin of the deceased Members specified shall be entitled to the benefits. 2. The death benefit granted under item A shall be paid to the dependants of the deceased Member specified in subparagraph 8(2) of the First Schedule or, if there are no such dependants, to the next-of-kin of the deceased Member. The death benefit granted to the dependants shall be apportioned in such proportions as the Yang di-Pertuan Agong thinks fit. 3. Where a Member or his dependants or his next-of-kin are entitled to receive accident benefits similar to those provided in this Schedule under any scheme operated by the Government of any State or under any State law, such Member or his dependants or his next-of-kin shall be entitled at their option to receive the benefits under this Schedule or under such scheme. Members of Parliament (Remuneration) 21 II nmuloc I nmuloc ELBAYAP TIFENEB yratnemailraP retsiniM retsiniM emirP eht fo tnediserP fo rebmeM yrujnI fo secneuqesnoC yraterceS ytupeD dna rekaepS ,etaneS ,tnemailraP retsiniM emirP fo esuoH eht fo tnediserP ytupeD dna sevitatneserpeR dna etaneS eht fo retsiniM ytupeD rekaepS ytupeD fo esuoH eht fo sevitatneserpeR MR MR MR MR MR 000,051 000,005 000,057 000,052 000,06 tnedicca na ni deniatsus yrujni na yb desuac si htaed erehW .A deniatsus yrujni na yb desuac si tnemelbasid tnenamrep erehW .B radnelac evlewt nihtiw srucco tnemelbasid hcus dna tnedicca na ni eno rebmeM eht ot diap eb llahs ereht ,tnedicca dias eht fo shtnom :stifeneb gniwollof eht fo sbmil erom ro owt fo ssol eht ni stluser yrujni eht erehw )i( eht ro elkna ro tsirw eht evoba ro ta noitarapes lautca yb ro seye htob fo thgis lla fo ssol elbarevocerri dna latot fo thgis fo ssol eht yb deinapmocca bmil eno fo ssol eht 000,003 000,000,1 000,005,1 000,005 000,021 … … … … … … … … … … … … eye eno lautca yb bmil eno fo ssol eht ni stluser yrujni eht erehw )ii( dna latot eht ro elkna ro tsirw eht evoba ro ta noitarapes 000,051 000,005 000,057 000,052 000,06 … … … eye eno fo thgis eht fo ssol elbarevocerri 22 Laws of Malaysia Act 237 II nmuloc I nmuloc ELBAYAP TIFENEB yratnemailraP retsiniM retsiniM emirP eht fo tnediserP fo rebmeM yrujnI fo secneuqesnoC yraterceS ytupeD dna rekaepS ,etaneS ,tnemailraP retsiniM emirP fo esuoH eht fo tnediserP ytupeD dna sevitatneserpeR dna etaneS eht fo retsiniM ytupeD rekaepS ytupeD fo esuoH eht fo sevitatneserpeR MR MR MR MR MR esoht naht rehto stnemelbasid tnenamrep ni stluser yrujni erehW .C —evoba B hpargarap ni deificeps rebmeM eht stneverp yllatot hcihw tnemelbasid a fo esac eht ni )i( ro noisseforp yna ot noitnetta gnivig ro ni gnigagne morf 000,003 000,000,1 000,005,1 000,005 000,021 ... ... … … ... … … … … … … … noitapucco rebmeM eht stneverp yllaitrap hcihw tnemelbasid a fo esac eht ni )ii( ro noisseforp yna ot noitnetta gnivig ro ni gnigagne morf gniylpitlum yb ta devirra eb yam sa mus hcus ,noitapucco yam esac eht sa ,)i( hpargarapbus ni deificeps mus dias eht hcihw tnemelbasid fo eerged eht fo egatnecrep eht htiw ,eb eht yb detnioppa draoB lacideM a yb denimreted eb ot si rep sa rep sa rep sa rep sa rep sa … … … … … … … … … … … tnemnrevoG noitaluclac noitaluclac noitaluclac noitaluclac noitaluclac Members of Parliament (Remuneration) 23 LAWS OF MALAYSIA Act 237 MEMBERS OF PARLIAMENT (REMUNERATION) ACT 1980 LIST OF AMENDMENTS Amending law Short title In force from Act A504 Members of Parliament 01-07-1980 (Remuneration) (Amendment) Act 1981 P.U. (A) 188/1981 Members of Parliament 01-07-1980 (Modification of Pensions and Gratuities) Order 1981 P.U. (A) 216/1981 Members of Parliament 09-06-1981 (Remuneration) (Amendment of First Schedule) Order 1981 Act A594 Members of Parliament 29-06-1984 (Remuneration) (Amendment) Act 1984 P.U. (A) 342/1984 Members of Parliament 29-06-1984 (Remuneration) (Amendment of First Schedule) Order 1984 P.U. (A) 159/1990 Members of Parliament 29-06-1990 (Remuneration) (Amendment of First Schedule) Order 1990 Act A819 Members of Parliament s. 2(1): (Remuneration) (Amendment) 01-01-1989; Act 1992 s. 3(1): 01-01-1992 Act A821 Members of Parliament 01-01-1992 (Remuneration) (Amendment) (No. 2) Act 1992 P.U. (A) 128/1996 Members of Parliament 05-04-1995 (Remuneration) (Amendment of First Schedule) Order 1996 24 Laws of Malaysia Act 237 Amending law Short title In force from Act A984 Members of Parliament 01-01-1995 (Remuneration) (Amendment) Act 1997 P.U. (A) 410/2000 Members of Parliament 05-04-1995 (Remuneration) (Amendment of First Schedule) Order 2000 P.U. (A) 150/2003 Members of Parliament 05-04-1995 (Remuneration) (Amendment of First Schedule) Order 2003 Act A1003 Members of Parliament 01-11-1996 (Remuneration) (Amendment) Act 1997 Act A1097 Members of Parliament 01-01-2000 (Remuneration) (Amendment) Act 2001 Act A1133 Members of Parliament 01-01-2001 (Remuneration) (Amendment) (No. 2) Act 2001 Act A1173 Members of Parliament 01-01-2002 (Remuneration) (Amendment) Act 2002 P.U. (A) 159/2003 Members of Parliament 01-01-2002 (Remuneration) (Amendment of First Schedule) (No. 2) Order 2003 P.U. (A) 236/2003 Members of Parliament 09-04-2003 (Remuneration) (Amendment of First Schedule) (No. 3) Order 2003 Act A1244 Members of Parliament 01-01-2004 (Remuneration) (Amendment) Act 2005 Act A1325 Members of Parliament 01-01-2007 (Remuneration) (Amendment) Act 2007 Members of Parliament (Remuneration) 25 Amending law Short title In force from P.U. (B) 381/2010 Member of Parliament (Remuneration) Act 1980 – Corrigendum P.U. (A) 38/2015 Members of Parliament Subparagraphs (Remuneration) (Amendment 2(a) and (j)— of First Schedule) Order 2015 28-09-2001; Subparagraphs 2(b), (c), (d) and (e)— 01-01-2009; Subparagraphs 2(f) and (g)— 01-01-2012; Subparagraph 2(i)— 01-01-2014 Act A1491 Members of Parliament 01-01-2015 (Remuneration) (Amendment) Act 2015 26 Laws of Malaysia Act 237 LAWS OF MALAYSIA Act 237 MEMBERS OF PARLIAMENT (REMUNERATION) ACT 1980 LIST OF SECTIONS AMENDED Section Amending authority In force from 2 Act A594 29-06-1984 Act A1133 01-01-2001 3 Act A819 01-01-1989; 01-01-1992 Act A821 01-01-1992 Act A984 01-01-1995 Act A1097 01-01-2000 Act A1173 01-01-2002 Act A1244 01-01-2004 Act A1491 01-01-2015 4 Act A504 01-07-1980 Act A594 29-06-1984 Act A819 01-01-1989; 01-01-1992 Act A984 01-01-1995 Act A1003 01-11-1996 Act A1097 01-01-2000 Act A1133 01-01-2001 Act A1173 01-01-2002 Act A1244 01-01-2004 Act A1325 01-01-2007 Act A1491 01-01-2015 6 Act A819 01-01-1989; 01-01-1992 Act A984 01-01-1995 Act A1097 01-01-2000 Act A1173 01-01-2002 Act A1244 01-01-2004 P.U. (B) 381/2010 Corrigendum to the Members of Parliament (Remuneration) Act 1980 [Act 237] reprinted in the year 2006 and incorporating all amendments up to 1 January 2006 Members of Parliament (Remuneration) 27 Section Amending authority In force from First Schedule Act A504 01-07-1980 P.U. (A) 188/1981 01-07-1980 P.U. (A) 216/1981 09-06-1981 P.U. (A) 342/1984 29-06-1984 P.U. (A) 159/1990 29-06-1990 P.U. (A) 128/1996 05-04-1995 P.U. (A) 410/2000 05-04-1995 P.U. (A) 150/2003 05-04-1995 P.U. (A) 159/2003 01-01-2002 P.U. (A) 236/2003 09-04-2003 P.U. (A) 38/2015 28-09-2001; 01-01-2009; 01-01-2012; 01-01-2014 Second Schedule Act A594 29-06-1984 Act A1133 01-01-2001 Hakcipta Pencetak H PERCETAKAN NASIONAL MALAYSIA BERHAD Semua Hak Terpelihara. Tiada mana-mana bahagian jua daripada penerbitan ini boleh diterbitkan semula atau disimpan di dalam bentuk yang boleh diperolehi semula atau disiarkan dalam sebarang bentuk dengan apa jua cara elektronik, mekanikal, fotokopi, rakaman dan/ atau sebaliknya tanpa mendapat izin daripada Percetakan Nasional Malaysia Berhad (Pencetak kepada Kerajaan Malaysia yang dilantik). DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA WJW010715 15-03-2018