Section 16
of Pensions Act
Section 16
(1)
It shall be lawful for the Minister of Finance, with the approval of His Majesty the Sultan and Yang Di-Pertuan*, to grant to a widow, or a widow and children, or children, of an officer or, if there is no widow or child, to his personal legal representative, where the officer —
(i)
holds a pensionable office and is not on probation or agreement; or
(ii)
holds a non-pensionable office to which he has been transferred from a pensionable office, in which he has been confirmed; and
* 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]
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(iii)
dies while in service under the Government, a gratuity of an amount not exceeding his annual pensionable emoluments, or his commuted pension gratuity, if any, whichever is the greater.
(b)
For the purposes of this section —
(i)
“annual pensionable emoluments”
means the emoluments which would be taken for the purpose of computing any pension or gratuity granted to the officer if he had retired at the date of his death in the circumstances described in section 6(f);
(ii)
“commuted pension gratuity” means the gratuity, if any, which might have been granted to the officer under regulation 24 in the Schedule if his public service had been wholly under the Government and if he had retired at the date of his death in the circumstances described in section 6(f) and had elected to receive a gratuity and reduced pension.
(2)
It shall be lawful for the Minister of Finance, with the approval of His Majesty the Sultan and Yang Di-Pertuan*, to grant to a widow, or a widow and children, or children, of any officer described in subsection
(1)
(i) and (ii) or, if there is no widow or child, to his personal legal representative, where —
(i)
such officer has been granted a pension, gratuity or other allowance under this Act; and
(ii)
he dies after retirement from service under the
Government; and
(iii)
the sums paid or payable to him at his death on account of pension, gratuity or other allowance in respect of any public service are less than the amount of the annual pensionable emoluments enjoyed by him at the date of his retirement, a gratuity equal to the deficiency.
* 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]
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(3)
The provisions of this section do not apply in the case of the death of any officer where benefits corresponding to the benefits which may be granted under this section are payable under the Overseas Superannuation
Scheme in respect of such death.
(4)
For the purposes of this section —
(a)
“widow” means, in the case of a deceased officer who is a
Muslim, all his legal wives living at the time of his death;
(b)
“child” means an adult and minor child and includes a child as defined under section 18(3)(b) as if the expression “the date of the injury” were substituted with “the date of the death”.
(5)
A widow, or a widow and children, or children, of a deceased officer shall receive such proportion of the total amount of the gratuity which may be granted under this section as His Majesty the Sultan and Yang
Di-Pertuan may direct either in a particular case or generally.
Derivative pension or gratuity where officer dies in service or after recruitment.