Judges Remuneration Act 1971 (Act 45)

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LAWS OF MALAYSIA
REPRINT
Act 45
JUDGES’ REMUNERATION
ACT 1971
Incorporating all amendments up to 1 January 2006
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION , MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND
PERCETAKAN NASIONAL MALAYSIA BHD
2006
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045e.fm Page 2 Tuesday, April 4, 2006 5:38 PM
JUDGES’ REMUNERATION ACT 1971
Date of Royal Assent … … … … … 30 August 1971
Date of publication in the Gazette… … … 2 September 1971
PREVIOUS REPRINTS
First Reprint … … … … … 1979
Second Reprint … … … … 1993
Third Reprint … … … … … 1999
PREPARED FOR PUBLICATION BY

MALAYAN LAW JOURNAL SDN BHD
AND PRINTED BY
PERCETAKAN NASIONAL MALAYSIA BERHAD
KUALA LUMPUR BRANCH
2006
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LAWS OF MALAYSIA
Act 45
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title and application
1A. Interpretation
PART II
SALARIES AND ALLOWANCES OF JUDGES
2. Salaries and allowances of Judges
PART III
PENSIONS AND OTHER BENEFITS OF
JUDGES AND DEPENDANTS
3. Pension and other benefits of Judge
4. Computation and amount of pension of Judge
5. Period for maximum pension
6. Guaranteed pension period
7. Gratuity
8. Pension and gratuity in certain cases of retirement, resignation and ceasing
to hold office
8A. Retirement on ill-health
8B. Retirement on special ground
8C. Relinquishment of office in the national interest
9. Special provision for Chief Justice, President and Chief Judge
10. Derivative pension and derivative gratuity where Judge dies in service
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4 Laws of Malaysia A CT 45
Section
11. Derivative pension where Judge dies in retirement

11A. Circumstances in which payment of derivative pension shall not be made
or shall cease
11B. Disability pension for Judge
11C. Dependant’s pension
11D. Provisional award where amount of pension or other benefit yet to be
determined
11E. Payment without probate or letters of administration
12. Judges appointed from the public service
13. Pension not assignable or attachable
14. Consequential amendments
15. Saving
PART IIIA
ADJUSTMENT OF PENSIONS AND OTHER BENEFITS OF
15A. Application of Part
15B. Adjustment of pensions and other benefits of Judges and dependants
PART IV
GENERAL
16. Election
17. Payment of pension or other benefit
18. Charge on the Consolidated Fund
19. Regulations
19A. Remuneration of Judicial Commissioners
20. Repeal
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
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LAWS OF MALAYSIA
Act 45
An Act to provide for the remuneration of Judges and for the

pensions and other benefits of their dependants, and for matters
connected therewith.
[Throughout Malaysia—3 September 1971]
BE IT ENACTED by the Seri Paduka Baginda 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:
P ART I
PRELIMINARY
Short title and application
1. (1) This Act may be cited as the Judges’ Remuneration Act

1971.
(2) This Act applies to the office of Judge.
Interpretation
1A. 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
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(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” means, in the case of a Judge
to whom any of the current salaries does not apply by virtue of his
having retired or died prior to the implementation of the current
salaries, the equivalent salary that he would have drawn under the
First Schedule had he held office as Judge on such implementation
and had the appropriate current salary been applied to his case;
“current salary” means the latest appropriate salary specified in
the First Schedule which is payable to a Judge;
“dependant” means a spouse, a child, the mother or the dependent
father of a deceased Judge;
“Judge” means a Judge of the Federal Court, of the Court of
Appeal or of the High Court and includes the Chief Justice,
President and a Chief Judge;
“last drawn salary” means the actual last drawn monthly
substantive salary of a Judge, specified in the First Schedule, prior
to his death or retirement;
“pension and other benefit” or “pension or other benefit”
includes pension, disability pension, gratuity, derivative pension,
dependant’s pension and derivative gratuity granted, or granted
and adjusted, under this Act, but does not include any allowance
or other privilege specified in the Second Schedule;
“remuneration” shall have the meaning assigned to that expression
in Clause (2) of Article 160 of the Federal Constitution;
“resident in Malaysia” means being habitually resident in
Malaysia as evidenced by the person concerned having his sole or
principal place of abode in Malaysia and residing therein for such
period or periods of time as is not inconsistent with the continuity
of residence in Malaysia and as point to durable ties between him
and Malaysia;
“retirement” means—
(a) retirement from the office of Judge under paragraph
8(a);
(b) retirement from such office under section 8A or 8B ;
(c) resignation from such office under paragraph 8(c); or
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Judges’ Remuneration 7
(d) ceasing to hold such office under paragraph 8(d);

“spouse” means the surviving husband or a surviving wife of a
deceased Judge whose marriage to the Judge is recognized in
Malaysia as a valid marriage under any written law, custom,
religion or usage.
PART II
SALARIES AND ALLOWANCES OF JUDGES
Salaries and allowances of Judges
2. (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.
PART III
PENSIONS AND OTHER BENEFITS OF
Pension and other benefits of Judge
3. A Judge shall on his retirement be entitled to a pension and

other benefits in accordance with this Act.
Computation and amount of pension of Judge
4. 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 1/2 of his last drawn salary but without prejudice, however,
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to any adjustment of pension to his advantage that may be made

in accordance with Part IIIA.
Period for maximum pension
5. (1) For the purpose of computing a Judge’s pension, the

period of service for him to qualify for maximum pension shall be
15 years service as a Judge.
(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.
Guaranteed pension period
6. 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.
Gratuity
7. 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.
Pension and gratuity in certain cases of retirement,

resignation and ceasing to hold office
8. 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
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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 8 B;
(c) resigns such office after reaching the age of sixty
years; or
(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 Constitution on grounds of
inability, from infirmity of body or mind or any other
cause, properly to discharge the functions of his
office,
he shall be entitled to a pension and a gratuity appropriate to his
case under this Act:
Provided that the amount of pension granted to a person who
retires from such office in the circumstances referred to in
paragraph (d) or in section 8A shall not be less than 1/5 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 .
Retirement on ill-health
8A. (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
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permission be so granted to the said Judge; and the Prime

Minister may thereupon submit the matter to the Yang di-Pertuan
Agong who shall refer the same to a tribunal appointed by him in
accordance with Clauses (4) of Article 125 of the Constitution for
its recommendations.
(4) The Yang di-Pertuan Agong may on the recommendations

of the tribunal grant such permission and approve the retirement.
(5) Where the Chief Justice desires to retire from the office of
Chief Justice on grounds of ill-health, the foregoing subsections
shall not apply, but the Prime Minister may, after such reference
as he may deem fit to make, submit the facts to the Yang di-
Pertuan Agong who shall refer the matter to a tribunal appointed
by him in accordance with Clause (4) of Article 125 of the
Constitution for its recommendations; and the Yang di-Pertuan
Agong may on the recommendations of the tribunal approve the
retirement.
Retirement on special ground
8B. (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 of the Chief Justice” have been omitted
therefrom.
Relinquishment of office in the national interest
8C. 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
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in order to serve in another capacity for any period in the national

interest.
Special provision for Chief Justice, President and Chief Judge
9. 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—
(a) he has held either office or all the offices for a period
in the aggregate of not less than three years; and
(b) he has held the office of a Judge in the aggregate of not
less than ten years prior to his retirement including the
period during which he has served as Chief Justice,
President or Chief Judge.
Derivative pension and derivative gratuity where Judge dies in

service
10. (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) A derivative pension granted under subsection (1) shall be

payable for a period of twelve and a half years from the date
immediately following the date of death in service of the Judge;
and thereafter the recipient, provided he is resident in Malaysia,
shall continue to be paid seventy per centum of the amount
granted.
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(3) The derivative pension granted under subsection (1) shall

be paid in accordance with subsection (2)—
(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.
(4) The derivative pension and derivative gratuity granted

under subsection (1) shall be paid or be payable in such
proportion as the Yang di-Pertuan Agong may determine and the
derivative pension may be reapportioned among other eligible
recipients whenever any recipient dies or ceases to be eligible for
such payment.
(5) Where a Judge dies in service and leaves no spouse, child,

mother or dependent father surviving him, there shall be paid to
the legal personal representative of the deceased Judge a
derivative gratuity only, computed in accordance with section 7.
Derivative pension where Judge dies in retirement
11. (1) (a) Where a Judge dies within a period of twelve and a
half years from the date of his retirement, the Yang di-Pertuan
Agong may grant to his spouse or child, or both spouse and child,
a derivative pension according to the entitlement of the Judge for
a period not exceeding the difference between a period of twelve
and a half years and the period during which the Judge had been
in retirement; and thereafter the recipient, provided he is resident
in Malaysia, shall continue to be paid seventy per centum of the
amount granted.
(b) Where a Judge dies after a period of twelve and a half
years from the date of his retirement, the Yang di-Pertuan Agong
may grant to his spouse or child, or both spouse and child, a
derivative pension equivalent to seventy per centum of the Judge’s
pension, provided that the recipient is resident in Malaysia.

be paid in accordance with that subsection—
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(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

derivative pension shall only be made where the recipient—
(a) if a spouse, was married to the Judge prior to the date

of his retirement;
(b) if a child or dependent step-child, is a child or

dependent step-child of a marriage that had taken
place prior to the date of retirement of the Judge;
(c) if an adopted child, was adopted prior to the date of

retirement of the Judge;
(d) if an illegitimate child, was conceived prior to the date

of retirement of the Judge.
(4) For the avoidance of doubt, it is declared that where the

marriage to the Judge concerned had been contracted after the
date of his retirement and his death occurs within a period of
twelve and a half years from the date of his retirement, his spouse
or a child of that marriage, or both such spouse and child, shall be
entitled to a derivative pension according to the entitlement of the
Judge but only for a period which is the difference between the
period of twelve and a half years and the period during which the
Judge had been in retirement; and where the death of the Judge
occurs after the period of twelve and a half years from the date of
his retirement, no derivative pension whatsoever shall be payable.

be paid or be payable in such proportion as the Yang di-Pertuan
Agong may determine and it may be reapportioned among other
eligible recipients whenever a recipient dies or ceases to be
eligible for such payment.
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Circumstances in which payment of derivative pension shall

not be made or shall cease
11A. (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 an institution of
first degree, upon completing or ceasing to receive
such education or upon marriage, whichever occurs
earlier.
(2) Where any person is in receipt of or would otherwise be

entitled to receive any derivative pension—
(a) under subsection 10(2), after the expiry of the period
of twelve and a half years from the date immediately
following the date of death in service of the Judge;
(b) under paragraph 11(1)(a), after the expiry of the
period which is the difference between the period of
twelve and a half years from the date of retirement of
the Judge and the retirement period of the Judge where
the Judge dies within the period of twelve and a half
years from the date of retirement; or
(c) under paragraph 11(1)(b), on the death of the Judge in
retirement where the Judge dies after a period of
twelve and a half years from the date of retirement,
is not or ceases to be resident in Malaysia, he shall not be paid or
be entitled to be paid any derivative pension under any of the
provisions referred to in paragraph (a), (b) or (c) after the expiry
of any of the periods referred to in paragraph (a) or (b) or on the
occurrence of the event referred to in paragraph (c); and he shall
not, in the event of his becoming resident or resuming residence
in Malaysia, be paid or be entitled to be paid such derivative
pension.
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(3) Notwithstanding subsection (2) and sections 10 and 11, the

Yang di-Pertuan Agong may generally or specially exempt any
person or class of persons for such reasons and subject to such
conditions, if any, as may be specified in the exemption from
complying with the requirement of that subsection and those
sections for that person or class of persons to be resident in
Malaysia in order to qualify for any derivative pension under this
Act.
Disability pension for Judge
11B. (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

Impaired … … … … … … … 1/6
Materially impaired … … … … … 1/4
Totally impaired … … … … … … 1/3
(2) Notwithstanding subsection (1), a Judge appointed prior to

the date following the date of publication of the Judges’
Remuneration (Amendment) Act 1984 [Act A609] in the Gazette
shall elect in writing within six months of the date following the
date of such publication whether he, his dependants or personal
representatives, shall be granted either—
(a) the death and disablement benefits provided as
appropriate under paragraph 13 of the Second Schedule;
or
(b) the disability pension and dependant’s pension
provided as appropriate under this section and section
11C respectively,
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in the event of his death or his sustaining an injury in the

circumstances referred to in subsection (1)(a) as a result of an
accident referred to in paragraph 13 of the Second Schedule, and
if he does not so elect, paragraph 13 of the Second Schedule shall
continue to apply to his case.
(3) Subject to subsection (2), where a Judge referred to in

subsection (1) had sustained such injury in a security area
proclaimed under section 47 of the Internal Security Act 1960
[Act 82], the fractions specified in subsection (1) shall be read as
if there had been substituted in that subsection wherever they
occur 1/8 for 1/12, 1/4 for 1/6, 3/8 for 1/4 and 1/2 for 1/3.
(4) No Judge shall qualify for a disability pension under this

section unless the impairment in question is permanent, as
determined by a board of medical officers constituted for that
purpose under section 8A.
(5) For the purpose of subsection (1), “injury” or “disease”

means injury or disease which is not due to, or which is not
aggravated or contributed by, negligence or misconduct on the
part of the Judge concerned.
(6) For the purposes of this section and section 11 C , “salary”

means the salary of the Judge as specified in the First Schedule at
the time of sustaining the injury or contracting the disease.
(7) Where a Judge appointed on or after the date following the

date of publication of the Judges’ Remuneration (Amendment)
Act 1984 in the Gazette sustains an injury in the circumstances
referred to in paragraph (1)(a), he shall be entitled to a disability
pension only under this section and he shall not have any right of
election under subsection (2) to be granted the death and
disablement benefits provided as appropriate under paragraph 13
of the Second Schedule.
Dependant’s pension
11C. (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:
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(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 … … … … … 1/48
(c) if the deceased Judge does not leave a
widow or no dependent’s pension is
granted to the widow under paragraph (a),
in respect of each child up to six in number 1/24
(d) with effect from the date of remarriage or
the date following the date of death of the
widow to whom a dependant’s pension had
been granted under paragraph (a), in respect
of each child up to six in number … … 1/24
(e) if the deceased Judge’s mother was wholly
or mainly dependent on him for support at
the time of his death, to the mother whilst
without adequate means of support—
(i) if the deceased Judge does not leave
a widow or no dependant’s pension is
granted to the widow under paragraph
(a) … … … … … … … 1/6
(ii) if the deceased Judge leaves a widow
to whom a dependant’s pension is
granted under paragraph (a) … … 1/12
(f) if the deceased Judge’s father was wholly
or mainly dependent on him for support at
the time of his death, to the father whilst
without adequate means of support—
(i) if the deceased Judge does not leave
a widow or no dependant’s pension is
granted to the widow under paragraph
(a), and the mother of the Judge is
dead or … … … … … … 1/6
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(ii) if the deceased Judge leaves a widow to

whom a dependant’s pension is granted
under paragraph (a), and the mother of
the Judge is dead … … 1/12
(2) Subject to subsection (5), where a Judge referred to in

subsection (1) had sustained such injury in a security area
proclaimed under section 47 of the Internal Security Act 1960,
the fractions specified in subsection (1) shall be read as if there
had been substituted in that subsection wherever they occur 1/4
for 1/6, 1/24 for 1/48, 1/12 for 1/24 and 1/8 for 1/12.
(3) Notwithstanding subsections (1) and (2), no payment of a

dependant’s 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 an institution of
first degree, upon completing or ceasing to receive
such education or upon marriage, whichever occurs
earlier;
(d) a deceased Judge’s parent, on evidence that the parent
is adequately provided with other means of support.
(4) A dependant’s pension granted under this section may be

re-determined whenever any recipient dies or ceases to be eligible
for such payment.
(5) This section shall not apply to the dependants of a Judge to

whom paragraph 13 of the Second Schedule apply pursuant to
subsection 11B (2).
Provisional award where amount of pension or other benefit

yet to be determined
11D. Where a Judge or his dependants are eligible for any pension
or other benefit under this Act but the amount of such pension or
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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.
Payment without probate or letters of administration
11E. (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.
Judges appointed from the public service
12. (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
y e a r s o n t h e d a t e i m m e d i a t e ly b e f o r e t h e d a t e o f s u c h
appointment and that person shall be eligible for a pension or
gratuity accordingly.
(3) Any pension or gratuity which may be granted to a Judge

under subsection (1) or (2) shall become payable in the case of a
Judge referred to in subsection (1) upon his attaining the age of
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fifty years and in the case of a Judge referred to in subsection (2)

upon his appointment as a Judge:
Provided that when he attains the age of fifty years, a person

referred to in subsection (1)—
(a) is holding office as Judge; or
(b) is serving in the capacity in respect of which he was
granted permission to retire under section 8B .
(3 A ) Where a person referred to in subsection (1)—

(a) dies while holding office as Judge; or
(b) dies while serving in the capacity in respect of which
he was granted permission to retire from the office of
Judge under section 8B ,
before attaining the age of fifty years, his dependants shall be
granted a derivative pension and a derivative gratuity in
accordance with the law mentioned in subsection (1).
(3B ) Notwithstanding subsection (3), where a Judge referred to

in subsection (1) retires from office under paragraph 8(d) or
under section 8A before attaining the age of fifty years, he shall
be granted a pension and a gratuity in accordance with the law
mentioned in subsection (1), and in the event of his death in
retirement, his dependants shall be granted a derivative pension
in accordance with such law.
(3 C ) The pension, gratuity, derivative pension or derivative

gratuity granted under this section shall be in addition to the
pension and other benefits to which a person may be entitled
under this Act.
(3 D ) Where eligibility for any derivative pension or

dependant’s pension under the law mentioned in subsection (1) is
dependent upon the computation of any period of time from the
occurrence of an event under that law, such computation of time
shall commence from the date on which the pension or disability
pension of the person referred to in subsection (1) was paid or
became due to be paid under this section and not otherwise, and
the law mentioned in subsection (1) shall be applied as modified
by this subsection to the dependants of Judges to whom this
section applies.
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(3 E ) The proviso to subsection (3) shall not apply to a Judge

who has, as required by the Yang di-Pertuan Agong under section
8C , relinquished the office of a Judge in order to serve in another
capacity for any period in the national interest, and is still serving
in the other capacity when he attains the age of fifty years.
(4) This section shall be deemed to have come into force on

the date on which this Act came into force:
Provided that in the case of a Judge appointed from amongst

members of the public service—
(a) who attained the age of fifty years but not the age of
fifty-five years prior to 1 July 1977, such Judge shall
not be paid a pension and a gratuity in respect of any
period prior to 1 July 1977; and
(b) who attained the age of fifty-five years prior to 1 July

1977, such Judge shall be paid a pension and a gratuity
from the date on which he attained such age,
and subsection (3) shall apply in all other cases from 1 July 1977.
Pension not assignable or attachable
13. 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.
Consequential amendments
14. (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
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aforesaid pension laws respecting the office of a Judge shall upon

the commencement of this Act be deemed to have no force or
effect.
Saving
15. (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.
P ART IIIA
ADJUSTMENT OF PENSIONS AND OTHER BENEFITS OF
Application of Part
15A. (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,
and who are resident in Malaysia.
(2) Where—
(a) a Judge who on retirement; or
(b) any of his dependants who, on the death in service or
in retirement of the Judge,
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is in receipt of or would otherwise be entitled to receive any

pension or other benefit under Part III and this Part is not or
ceases to be resident in Malaysia, he shall be paid or be entitled to
be paid the pension or other benefit, if any, which was originally
granted under Part III and he shall not be paid or be entitled to be
paid any pension or other benefit under this Part; and he shall not,
in the event of his becoming resident or resuming residence in
Malaysia, be paid or be entitled to be paid any pension or other
benefit after adjustment under this Part.
(3) Notwithstanding subsections (1) and (2), the Yang di-

Pertuan Agong may generally or specially exempt any person or
class of persons for such reasons and subject to such conditions,
if any, as may be specified in the exemption from complying with
the requirement of this section for that person or class of persons
to be resident in Malaysia in order to qualify for the adjustment of
any pension or other benefit under this Part.
Adjustment of pensions and other benefits of Judges and

dependants
15B. (1) Subject to Part III and this Part, pensions and other
benefits granted to Judges and their dependants under that Part
before or on the implementation of any current salary shall be
adjusted in accordance with this Act and shall be paid or be
payable with effect from the date of implementation of the current
salary.
(2) The pension of a Judge granted under Part III shall be

adjusted as provided in the Third Schedule.
(3) Any derivative pension granted under Part III shall be

adjusted as provided in the Fourth Schedule.
(4) Any disability pension or dependant’s pension granted

under Part III shall be adjusted based on the Judge’s
corresponding last drawn salary but the factor applicable shall be
the factor under that Part.
(5) In the event of any doubt in the determination of the

corresponding last drawn salary of—
(a) a Judge of a High Court;
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(b) a Judge of the Federal Court or of the Court of Appeal

or a President or a Chief Judge; or
(c) a Chief Justice,
the corresponding last drawn salary in each case shall be
determined respectively by—
(i) the Chief Judge of the High Court concerned;
(ii) the Chief Justice; or
(iii) the Yang di-Pertuan Agong.
P ART IV
GENERAL
Election
16. 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.
Payment of pension or other benefit
17. 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.
Charge on the Consolidated Fund
18. All payments made under this Act shall be charged on the
Federal Consolidated Fund.
Regulations
19. (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.
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(2) Regulations made under subsection (1) may amend or vary

the First, Second and Fifth Schedules.
Remuneration of Judicial Commissioners
19A. A person appointed to be a full time Judicial Commissioner

under Article 122A of the Federal Constitution shall be entitled to
receive such renumeration as is provided in the Fifth Schedule.
Repeal
20. The Judges Remuneration Act 1963 is repealed.
FIRST SCHEDULE
[Subsection 2(1)]
(1) (2) (3)

Judges Salary Effective
(pensionable) date
1. Chief Justice RM15,972.00 1-1-2004

per month
2. President of the Court of Appeal RM14,002.12 1-1-2004
per month
3. Chief Judge of the High Court in Malaya RM13,869.02 1-1-2004
per month
4. Chief Judge of the High Court in Sabah RM13,509.65 1-1-2004
and Sarawak per month
5. Judges of the Federal Court RM13,017.18 1-1-2004
per month
6. Judges of the Court of Appeal RM12,531.37 1-1-2004
per month
7. Judges of the High Courts in Malaya and RM12,045.55 1-1-2004
Sabah and Sarawak per month
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SECOND SCHEDULE
[Subsection 2(2)]
1. ACCOMMODATION:
(1) (2)
Judges Effective
Date
1. Chief Justice—
(i) free fully furnished institutional quarters, or 1-1-1992

in lieu thereof a house rent subsidy of
RM3,150.00 per month;
(ii) a provision of RM2,100.00 per month for 1-1-1996
domestic help; and
(iii) a provision of RM4,100.00 per annum for 1-1-1996
house and garden upkeep
2. President of the Court of Appeal—

domestic help; and
3. Chief Judges—

domestic help; and
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4. Judges of the Federal Court—
(i) free fully furnished institutional quarters 1-1-1992

which (including the compound) shall be
maintained free of charge, or in lieu thereof a
house rent subsidy of RM2,250.00 per
month;
domestic help; and
5. Judges of the Court of Appeal—

month;
domestic help; and
6. Judges of the High Courts—

month;
domestic help; and
The privilege and allowance in this paragraph shall be accorded or paid

notwithstanding that the Judge has been granted a loan under the housing loans
scheme referred to in paragraph 14.
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In this paragraph, “free fully furnished institutional quarters” means housing
accommodation provided free of rent by the Government and furnished in accordance
with the guidelines of the Government for the furnishing of such accommodation.
2. ENTERTAINMENT ALLOWANCE:
(1) (2) (3)
Judges Amount Effective

Date
1. Chief Justice RM5,400.00 1-3-1998

per month
per month
per month
per month
per month
7. Judges of the High Courts in Malaya and RM4,600.00 1-3-1998
Sabah and Sarawak per month
3. REGIONAL ALLOWANCE:
(1) (2)
Allowance and Judges eligible therefor Effective

Date
A monthly regional allowance at the rate of 10 per centum of 1-7-1977

monthly salary shall be paid to the Chief Judge and Judges
of the High Court in Sabah and Sarawak for so long as they
serve in the States of Sabah and Sarawak.
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3A. REGIONAL ALLOWANCE FOR EMPLOYEES:
(1) (2)
Regional allowance for employee of a Judge Effective

Date
There shall be paid in respect of any employee of a Judge 1-7-1980

serving in the State of Sabah or Sarawak a monthly regional
allowance at the rate of—
(a) 25 per centum; or
(b) 22 1/2 per centum,
of such employee’s monthly salary where his salary
respectively is—
(i) less than RM360.00; or
(ii) between RM360.00 and RM549.00,
per month.
The allowance in this paragraph shall be paid to the
employing Judge.
4. SPECIAL ALLOWANCE:
(1) (2)
Special allowance to a Judge Effective

Date
Such special allowance as the Government may in its 1-1-1974

discretion deem fit to grant to a Judge on an ad hoc basis.
4A. ALLOWANCE FOR CARRYING OUT DUTIES OF A HIGHER OFFICE:
(1) (2)
Allowance for carrying out duties of Effective

a higher office for a Judge Date
This allowance may be paid to a Judge who is carrying out 1-1-1996

the duties of a higher office on the direction of the Chief
Justice for a period of not less than 28 days and the payment
of the allowance is to be calculated at one fourth of the
substantive salary for the higher office.
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5. OFFICIAL CAR:
(1) (2)
Provision for a car, etc., for a Judge Effective
Date
A Government car inclusive of all accessories shall be 1-1-1996
provided with syce to each of the Judges. Maintenance,
provision of petrol/diesel, oil and lubrication for such car
shall be borne by the Government. The official car of a Judge
may be provided with a crest approved by the Chief Justice.
6. SYCE ALLOWANCE:
(1) (2)
Allowances and uniforms for a syce of a Judge Effective
Date
(a) There shall be provided an allowance (including 1-7-1977
lodging, subsistence and overtime allowances) for
one syce for each of the Judges at such rates as may
from time to time be determined by the Government.
(b) The terms of service of such syce shall be as may be
determined from time to time by the Government.
(c) Until otherwise prescribed by the Government, the 1-1-1996
allowances which may be paid under this paragraph
shall be the same as the salary and allowances paid
to drivers in Government service.
The allowances and expenses in this paragraph shall be paid

to the Judge employing a syce.
6A. OTHER ALLOWANCES OF EMPLOYEES:
(1) (2)
Allowances, contributions Effective
and perquisites for employees of a Judge Date
There shall be paid in respect of such employees of a Judge 1-7-1980
as are referred to in this Schedule such other allowances,
contributions and perquisites for which no specific provision
is made in this Schedule but which are paid or provided by
Government from time to time in respect of the employees of
an officer in superscale “A” and above in the Managerial and
Professional Group of the public services, engaged in an
equivalent or a similar capacity as the employees of a Judge.
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The allowances, contributions and perquisites in this

paragraph shall be paid or made out to the employing Judge.
7. SUBSISTENCE ALLOWANCE:
(1) (2)
Allowance payable to a Judge Effective
Date
The subsistence allowance payable in respect of officers 1-7-1980
serving in superscale “A” and above in the Managerial and
Professional Group of the public services, as revised from
time to time:
Provided that where a Judge is on duty exceeding eight

hours away from station, he shall be paid the full allowance.
8. LODGING EXPENSES:
(1) (2)
Expenses claimable by a Judge Effective
Date
The lodging expenses or lodging allowances payable in 1-7-1980
respect of officers serving in superscale “A” and above in the
Managerial and Professional Group of the public services, as
revised from time to time.
9. ADVANCE TO PURCHASE A MOTOR-CAR:
(1) (2)
Advance granted to a Judge Effective
Date
The car loans scheme applicable to officers serving in 1-7-1980
superscale “A” and above in the Managerial and Professional
Group of the public services, as revised from time to time.
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10. OFFICIAL COSTUME, ETC.:
(1) (2)
Allowances for a Judge Effective
Date
(a) A Judge shall be eligible to claim a subsidised 1-1-1996
payment of RM750.00 once in 3 years as allowance
for official attire used while presiding.
(b) A Judge shall be eligible to be provided with 1-1-1996

ceremonial costume at a price approved by the
Treasury.
(c) A Judge shall be eligible to receive warm clothing 1-1-1996

allowance of RM600.00 once in 3 years when
required to carry out duties overseas or in a country
with temperate climate and subsidised payment for
“Black Tie” attire of RM500.00 once in 3 years.
11. MEDICAL FACILITIES:
(1) (2)
Facilities of a Judge and members of family Effective
Date
(a) All medical facilities accorded to officers serving in 1-1-1996

Principal Grade A post in the public service as revised
from time to time.
(b) For treatment overseas, a certificate shall be issued by 1-1-1996

a medical board established by the Chief Justice, the
membership of which shall be in accordance with
subsection 8A(2). Before issuing the certificate, the
medical board shall first obtain the approval of the
Prime Minister.
(c) A retired Judge receiving pension or other benefits 1-1-1996

under this Act, the spouse, and children, of the Judge
are respectively eligible to receive the same medical
benefits as an officer retired on Principal Grade A post
in the public service, the spouse, and children, of the
officer.
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12. LEAVE:
(1) (2)
Types of leave and number of eligible days Effective

for a Judge Date
(a) Vacation Leave 1-1-1996

(i) 35 days in a year excluding public holidays and
weekly holidays. Vacation leave shall be taken in the
year it accrues and if, owing to the exigencies of
service, leave has not been taken in that year, then
the leave may be carried forward up to the next two
years, to the third year; provided that leave for the
first year which has not been used up in the third year
will lapse at the end of the third year.
(ii) Prior approval shall be obtained by a Judge who

wishes to use vacation leave for the purpose of
overseas travel.
The approving authority for the purpose of this

subsubparagraph is—
(aa) For the Chief Justice, the Prime Minister;
(bb) for the President, the Chief Judges and Judges

of the Federal Court, the Chief Justice;
(cc) for other Judges, the President or the Chief

Judge concerned.
(iii) Other provisions on vacation leave applicable to

officers serving in Principal Grade A post in the
public service as revised from time to time.
(b) Sick leave and facilities in relation thereto 1-1-1996

(i) Provisions on sick leave and facilities in relation
thereto applicable to officers serving in Principal
Grade A post in the public service as revised from
time to time.
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(ii) In relation to approval, references to “Head of

Department” and “Appropriate Authority” in the
provisions regulating officers in the public service
shall be construed as references to the Prime
Minister in the case of the Chief Justice and to the
Chief Justice in the case of other Judges for the
purpose of this subparagraph.
(iii) If a medical board is required to be established for

the purpose of this subparagraph, then the Chief
Justice may establish a medical board and the
membership of that medical board shall be in
accordance with subsection 8A(2).
(c) Leave for tuberculosis, leprosy and cancer and other 1-1-1996
serious diseases
In accordance with leave benefits and medical facilities
that may be accorded to officers serving in Principal
Grade A post in the public service as revised from time
to time.
(d) Pilgrimage leave 1-1-1996

Once during the period of service, subject to a maximum
of 40 days, including weekly holidays and public
holidays, to a Muslim Judge. The approving authority
referred to in subparagraph (a) shall be the approving
authority for the purpose of this subparagraph. Judges
appointed from the Judicial and Legal Service who have
already taken pilgrimage leave are no longer eligible to
obtain this facility as a Judge.
(e) Other types of leave

(i) Maternity leave/paternity leave 1-1-1996
May be accorded as such leave is accorded to staff of
the public service as revised from time to time.
(ii) Leave without pay 1-1-1996

May be accorded as such leave is accorded to staff of
the public service as revised from time to time. In
this subsubparagraph, “without pay” means without
basic salary, house rent subsidy, entertainment
allowance and special judicial allowance.
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12A. PAYMENT IN LIEU OF LEAVE:
(1) (2)
Accumulation of leave by a Judge Effective

for cash award Date
(a) Where, owing to exigencies of service, a Judge is 1-1-1974

unable to take his annual vacation leave, he may elect
to accumulate up to half of his vacation leave
eligibility but subject to a maximum of fifteen days in
a year and, on his retirement or death—
(i) be granted a cash award equivalent to one-

thirtieth of his last-drawn monthly salary for
each day up to a maximum of ninety days; or
(ii) to have converted such accumulated leave, up to

a maximum of one hundred and eighty days, as
reckonable service in computing his pension and
gratuity.
Any vacation leave not taken in preceding years may

be taken into account when calculating accumulated
leave for the purposes of this paragraph but subject,
however, to a maximum of fifteen days’ accumulation
for each year.
“The last drawn monthly salary” means the basic

salary added together with house rent subsidy,
entertainment allowance and special judicial
allowance for a Judge who dies or retires on or after 1
August 1993.
(b) Where owing to exigencies of service, a Judge is 1-1-1996

unable to use up the current yearly vacation leave, the
Judge may elect to accumulate from the balance of
leave, any number of days not exceeding 15, so that on
the day of the retirement or death of the Judge, the
Judge or the beneficiary of the Judge will be granted a
cash award which is equivalent to one thirtieth of the
last drawn monthly salary of the Judge for each day up
to a maximum of ninety days.
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In this subparagraph, “the last drawn monthly salary”

means the basic salary added together with house rent
subsidy, entertainment allowance and special judicial
allowance.
13. DEATH AND INJURY BENEFITS IN AIRCRAFT ACCIDENTS:
(1) (2)
Benefits to a Judge or his dependants Effective

Date
Liabilities for an injury or death arising out of an aircraft 3-9-1971

accident in the course of duty shall be borne entirely by the
Government. The rates of death and disablement benefits
for Judges arising from such accidents shall be as follows:
(a) For death caused by an injury sustained in an accident,

a sum of RM150,000.00:
Provided that where the dependants or legal personal

representatives are entitled to receive similar benefits
under any other provisions of this Act, such
dependants or legal personal representatives shall be
entitled at their option to receive one benefit only.
(b) For permanent disablement caused by an injury

sustained in an accident resulting in—
(i) loss of two or more limbs by actual separation at
or above the wrist or ankle; or the total and
irrecoverable loss of all sight of both eyes; or the
loss of one limb accompanied by the loss of sight
of one eye: RM275,000.00;
(ii) loss of one limb by actual separation at or above
the wrist or ankle; or the total and irrecoverable
loss of sight of one eye: RM150,000.00;
(iii) total incapacity (total disablement) from
engaging in or giving attention to any profession
or occupation: RM275,000.00;
(iv) partial disablement: proportionate, according to
medical assessment of the percentage degree of
such disablement.
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14. HOUSING LOANS SCHEME:
(1) (2)
Loan scheme for a Judge Effective

Date
(a) The housing loans scheme applicable to officers 1-1-1996

serving in superscale “A” and above in the Managerial
and Professional Group of the public services, as
revised from time to time.
(b) Judges appointed from the Judicial and Legal Service
who have already obtained a housing loan from the
Government while serving in any grade of post are no
longer eligible to obtain this facility as a Judge.
15. SUPPLY OF ELECTRICITY AND WATER:
(1) (2)
Supply of electricity and water for a Judge Effective

Date
A Judge shall be reimbursed payment made for the supply 1-7-1980

of electricity and water to the house occupied by him.
16. PAID PASSAGE FOR OVERSEAS TRAVEL:
(1) (2)
Paid passage for overseas travel for Effective

Judge and certain dependants Date
(a) Once in every five years of his service, a Judge shall 1-7-1980
be eligible to have passage paid by Government for
overseas travel to a destination of his choice for
himself, his spouse and three of his dependent
children below twenty-one years of age. The fare for
such travel shall not exceed the equivalent return fare
for travel by air from Kuala Lumpur to London by first
class for the Judge and his spouse and by economy
class for any or all of the three accompanying
dependent children.
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(b) If the destination is nearer than Kuala Lumpur/

London/Kuala Lumpur, only the actual fare to the
destination of choice will be paid by the Government.
If the destination of choice is further than Kuala
Lumpur/London/Kuala Lumpur, the Judge is required
to pay the difference in the higher fare.
(c) This paid passage facility must be used while the

Judge is in office that is before the Judge retires or
leaves office.
(d) This facility may also be used separately by the Judge

and spouse that is it need not be used by the Judge
together with the spouse or at the same time.
16A. PAID PASSAGE TO VISIT PLACE OF ORIGIN:
(1) (2)
Paid passage for travel within Malaysia Effective

for a Judge and spouse and children Date
Once in every 2 years of service, a Judge from Peninsular 1-1-1996

Malaysia who is serving in Sabah or Sarawak or a Judge
from Sabah or Sarawak who is serving in Peninsular
Malaysia is eligible for paid air fare from the Government
to travel to Peninsular Malaysia or Sabah or Sarawak for
himself, the spouse (first class fare) and three children
below the age of twenty-one years (economy class fare).
17. SPECIAL JUDICIAL ALLOWANCE:
(1) (2) (3)
Judges Amount Effective

Date
1. Chief Justice RM6,000.00 1-1-1996

per month
per month
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per month
per month
per month
7 .Judges of the High Courts in Malaya RM3,600.00 1-1-1996
and Sabah and Sarawak per month
18. P ENSIONER ’S C ARD 1-1-1996
(a) The Chief Justice may issue a pensioner’s card

to a former Judge who is receiving pension or
other benefits under this Act and to the spouse
of the Judge for the purpose of identification and
to enable the Judge and spouse to be eligible to
receive medical benefits and other facilities as
determined by the Government from time to
time.
(b) The pensioner’s card shall be surrendered to the

Chief Justice when the former Judge is no longer
eligible to receive the medical benefits and other
facilities.
(c) In the event the pensioner’s card is lost and a

new card is required, the former Judge or spouse
shall make a police report and a copy of the
police report shall be forwarded to the Chief
Justice, who may issue a new card to the Judge
or spouse.
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THIRD SCHEDULE
[Subsection 15B(2)]
ADJUSTMENT FORMULA FOR PENSION OF JUDGE
Type of Benefit Formula

Pension of a Judge 1/360 x number of months of service
(subject to not more than 180 months) x
corresponding last drawn salary; but the
amount of pension, as adjusted, which is
paid or payable in the case of a Judge who
retires under paragraph 8(d) or under
section 8 A shall not be less than 1/5 of the
Judge’s corresponding last drawn salary
FOURTH SCHEDULE
[Subsection 15B(3)]
ADJUSTMENT FORMULA FOR DERIVATIVE PENSION
OF DEPENDANT
Type of Benefit Formula

Derivative pension shall be paid or be
payable—
(a) for a period of 12 1/2 years from
the date immediately following the
date of death in service of the 1/360 x number of months of
Judge on or after 1 July 1980; service (subject to not more than
or 180 months) x corresponding
(b) where the death of the Judge in last drawn salary; but the
service or in retirement had amount of derivative pension,
occurred within a period of 12 1/2 as adjusted, which is paid or
years prior to 1 July 1980, for a payable on the death of the
period (commencing from 1 July Judge in service or in
1980) which is the difference retirement under paragraph
between the period of 12 1/2 8(d) or under section 8 A shall
years and the period during which not be less than 1/5 of the
derivative pension had been paid Judge’s corresponding last
or payable prior to 1 July 1980; drawn salary.
or
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(c) where the death of the Judge 1/360 x number of months of

occurs within a period of 12 1/2 service (subject to not more than
years from the date of his retirement 180 months) x corresponding
on or after 1 July 1980, for a last drawn salary; but the
period which is the difference amount of derivative pension,
between the period of 12 1/2 years as adjusted, which is paid or
and the period during which the payable on the death of the
Judge had been in retirement; Judge in service or in
and retirement under paragraph
8(d) or under section 8 A shall
not be less than 1/5 of the
Judge’s corresponding last
drawn salary.
(d) for life (commencing on or after 1

July 1980)—
(i) after the expiry of the

appropriate period for the
payment of derivative
pension under sub-paragraph
(a), (b) or (c);
or
(ii) where the death of the
Judge in service or in
retirement had occurred 70 per cent of amount paid or
before a period of 12 1/2 payable under subparagraph (a),
years prior to 1 July 1980; (b) or (c) of this paragraph
or
(iii) where the death of the
Judge occurs after a period
of 12 1/2 years from the
date of his retirement on or
after 1 July 1980
Adam Haida & Co

FIFTH SCHEDULE
[Section 19A]
1. SALARY:
RM10,980.75 per month
2. ENTERTAINMENT ALLOWANCE:
3. SPECIAL JUDICIAL ALLOWANCE:
4. ACCOMMODATION:
Free fully furnished institutional quarters as may be provided to a Judge of a High

Court or in lieu thereof a house rent subsidy of RM2,000.00 per month
5. OTHER ALLOWANCES AND PRIVILEGES:
The allowances and privileges specified in subparagraphs 6(ii) and 6(iii) in

paragraph 1 and paragraphs 3, 3A, 4, 5, 6, 6A, 7, 8, 10, 11, 12, 13 and 15 of the
Second Schedule.
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43
LAWS OF MALAYSIA
Act 45
LIST OF AMENDMENTS
Amending law Short title In force from
P.U.(A) 403/1972 Judges’ Remuneration Regulations 1972 22-12-1972

P.U.(A) 432/1975 Judges’ Remuneration (Amendment) 26-12-1975
(No. 2) Regulations 1975
Act A420 Judges’ Remuneration (Amendment) Act 24-02-1978
1978
1979
P.U.(A) 11/1979 Judges’ Remuneration (Amendment of 26-01-1979
Second Schedule) Regulations 1979
Act A463 Judges’ Remuneration (Amendment) 14-09-1979
(No. 2) Act 1979
1980
Second Schedule) (No. 2) Regulations
1980
1984 except
s.1(2):
01-01-1985
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1991 s.3:
01-10-1988
First Schedule) Regulations 1991
Schedule) Regulations 1993 except
subregulation
2(1):
01-01-1989
and
regulations
3 and 4:
01-01-1992
1994
Act A885 Constitution (Amendment) Act 1994 24-06-1994
Act A899 Judges’ Remuneration (Amendment) 01-07-1994
(No. 2) Act 1994
Schedules) Regulations 1997 except
s. 4(a):
01-01-1995
and s. 4(b),
(c), (d) and
(e):
01-01-1996
Fifth Schedule) Regulations 1998
1998
P.U.(A) 55/2000 Judges’ Remuneration (Amendment to 01-03-1998
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First and Fifth Schedules) Regulations
2000
2002
2002
2005
2005
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46
LAWS OF MALAYSIA
Act 45
LIST OF SECTIONS AMENDED
Section Amending authority In force from
Long title Act A609 01-07-1980
1A Act A609 01-07-1980
Act A899 01-07-1994
Act A1258 21-03-2005
2 Act A443 01-01-1976
Act A609 01-07-1980
3 Act A443 01-01-1976
Act A609 01-07-1980
4 Act A609 01-07-1980
5 Act A872 01-01-1992
6 Act A609 01-07-1980
7 Act A443 01-01-1976
Act A609 01-07-1980
Act A1013 01-01-1995
8 Act A443 01-01-1976
Act A463 14-09-1979
Act A609 01-07-1980
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Act A899 01-07-1994
Act A1258 21-03-2005
8A Act A463 14-09-1979
8B Act A463 14-09-1979
Act A872 01-01-1992
Act A899 01-07-1994
8C Act A872 01-01-1992
Act A899 01-07-1994
9 Act A899 01-07-1994
10 Act A443 01-01-1976
Act A609 01-07-1980
11 Act A609 01-07-1980
11A Act A609 01-07-1980
Act A1170 01-01-2002
11 B Act A609 01-07-1980
11 C Act A609 01-07-1980
Act A1170 01-01-2002
11 D Act A609 01-07-1980
11 E Act A609 01-07-1980
12 Act A443 01-01-1976
Act A420 24-02-1978
Act A609 01-07-1980
Act A872 01-01-1992
13 Act A609 01-07-1980
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15 A Act A609 01-07-1980
15 B Act A609 01-07-1980
Act A899 01-07-1994
17 Act A609 01-07-1980
19 Act A796 12-04-1991
Act A872 01-01-1992
19 A Act A872 01-01-1992
First Schedule Act A443 01-01-1976
Act A494 01-07-1980
Act A796 12-04-1991
P.U.(A) 405/1991 01-01-1991
P.U.(A) 144/1993 01-01-1991
Act A899 01-07-1994
P.U.(A) 378/1997 01-01-1995
P.U.(A) 423/2000 01-01-2000
P.U.(A) 159/2002 01-01-2002
P.U.(A) 67/2005 01-01-2004
Second Schedule P.U.(A) 403/1972 22-12-1972
P.U.(A) 360/1973 21-12-1973
P.U.(A) 47/1975 01-04-1974
P.U.(A) 432/1975 26-12-1975
P.U.(A) 11/1979 26-01-1979
P.U.(A) 366/1980 01-08-1979
P.U.(A) 367/1980 01-07-1980
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Act A609 01-07-1980
P.U.(A) 144/1993 01-01-1992
Act A899 01-07-1994
P.U.(A) 567/1996 15-11-1996
P.U.(A) 378/1997 01-01-1995
P.U.(A) 298/1998 01-03-1998
P.U.(A) 55/2000 01-03-1998
Third Schedule Act A609 01-07-1980
Fourth Schedule Act A609 01-07-1980
Fifth Schedule Act A872 01-01-1992
P.U.(A) 378/1997 01-01-1995
P.U.(A) 256/1998 01-01-1996
P.U.(A) 423/2000 01-01-2000
P.U.(A) 159/2002 01-01-2002
P.U.(A) 67/2005 01-01-2004
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