Section 17
of Pensions Act
Section 17
(1)
It shall be lawful for the Minister of Finance, with the approval of His Majesty the Sultan and Yang Di-Pertuan*, in addition to the grant, if any, made under section 16, to grant to a widow, or a widow and children, or children, of an officer who —
(a)
holds —
(i)
a pensionable office and is not on probation or agreement; or
(ii)
a non-pensionable office to which he has been transferred from a pensionable office in which he has been confirmed; and
(b)
dies while in service under the Government, a derivative pension or gratuity appropriate to his case; and where a derivative pension is granted, the derivative pension may be paid for a period not exceeding 15 years with effect from the date immediately following the date of the death of the officer.
* 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 16
(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 an officer who —
(a)
holds —
(i)
a pensionable office and is not on probation or agreement; or
(ii)
a non-pensionable office to which he has been transferred from a pensionable office in which he has been confirmed;
(b)
retires on pension or annual allowance from service under the Government; and
(c)
dies within a period of 15 years of his date of retirement, a derivative pension of the same amount as the pension or annual allowance which was paid or payable to the officer on account of his retirement, with effect from the date immediately following the date of the death of the officer for a period not exceeding the difference between the aforesaid period of 15 years and the period during which the pension or annual allowance was paid or payable to the officer.
(3)
A widow in respect of whom a derivative pension is granted under this section shall cease to be eligible for such a pension upon her re-marriage.
(b)
A child in respect of whom a derivative pension is granted under this section shall cease to be eligible for such a pension upon such child attaining the age of 21 years or upon marriage below such age.
(4)
For the purposes of this section —
(a)
“widow” has the same meaning as for the purposes of section 16;
* 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
B.L.R.O. 5/2014 17
(b)
“child” means a child under 21 years of age and includes a child as defined under section 18(3)(b) as if for the expression “the date of the injury” there were substituted “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 derivative pension or 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.
(6)
This section shall be deemed to have come into force on the 1st December 1973.
Pensions to dependants when officer is killed on duty.