Section 13
of Pensions Act
Section 13
(1)
If any person to whom a pension or other allowance has been granted under this Act is adjudicated bankrupt or is declared insolvent by judgment of any competent court, then such pension or allowance shall forthwith cease.
(2)
If any person is adjudicated bankrupt or declared insolvent as aforesaid either —
(a)
after retirement in circumstances in which he is eligible for pension or allowance under this Act but before pension or allowance is granted; or
(b)
before such retirement, and he shall not have obtained his discharge from bankruptcy or insolvency at the date of retirement, then in the former case, any pension or allowance eventually granted to him shall cease as from the date of adjudication or declaration, as the case may be, and, in the latter case, the pension or allowance may be granted but shall cease forthwith and not become payable.
(3)
Where a pension or allowance ceases by reason of this section, it shall be lawful for the Minister of Finance, with the approval of His Majesty the Sultan and Yang Di-Pertuan*, during the remainder of such person’s life, or during such shorter period or periods, either continuous or discontinuous, as he shall think fit, to direct all or any part of the moneys to which such person would have been entitled by way of pension or allowance, had he not become bankrupt or insolvent, to be paid to, or applied for the maintenance or benefit of, all or any (to the exclusion of the other or others), of the following —
(a)
such person himself; and
(b)
any wife, child or children of his,
* Transferred from His Majesty in Council to the Minister of Finance, with the approval of His Majesty the Sultan and Yang Di-Pertuan, with effect from 1st January 1984 — [S 36/1984]
Pensions 12
in such proportions and manner as the Minister of Finance, with the approval of His Majesty the Sultan and Yang Di-Pertuan* thinks proper, and such moneys shall be paid or applied accordingly.
(4)
Moneys applied for the discharge of the debts of the person whose pension or allowance has so ceased shall, for the purposes of this section, be regarded as applied for his benefit.
(5)
When a person whose pension or allowance has so ceased obtains his discharge from bankruptcy or insolvency, it shall be lawful for the
Minister of Finance, with the approval of His Majesty the Sultan and Yang
Di-Pertuan*, to direct that the pension or allowance shall be restored as from the date of such discharge or any later date, and the pension or allowance shall be restored accordingly.
Pensions etc. may cease on conviction.