Page:Agreement relating to Malaysia (1963).djvu/202



undertaking or given or received any notice or retired he shall, provided that any conditions prescribed or deemed to have been prescribed by or under the Schedule to this Order are satisfied, be deemed to have given that undertaking, to have given or received that notice, or to have retired, as the case may be, under the corresponding provision in that Schedule, and the provisions of that Schedule shall have effect accordingly.


 * (3) Any conditions or notice prescribed by the appropriate authority for the purposes of paragraph 3(l)(a), paragraph 4(1) or paragraph 13(2) of the Schedule to this Order shall be not less favourable to any officer than any conditions or notice prescribed by or for the purposes of the corresponding provision of the compensation scheme.


 * (4) In this section "the compensation scheme" means the scheme for compensation, retiring benefits and related matters entitled "Scheme of Retirement Benefits for Members of Her Majesty's Overseas Civil Service and for officers designated under the Overseas Service (North Borneo) Agreement, 1961 ".

W. G. Agnew

1. (1) In this Schedule, unless the context otherwise requires—

"appropriate authority" means such person or authority as may from time to time be designated for the purposes of this Schedule by the Governor of North Borneo or, at any time after the end of the operative date, by the Yang di-Pertua Negara of the State of Sabah, and different persons or authorities may be so designated for the purposes of different provisions of this Schedule;

"appropriate law" in relation to an officer in the public service means the law in force in North Borneo that governs the grant of pensions, gratuities, and other like benefits in respect of the service of that officer in the public service;

"entitled officer" means an overseas officer in the public service who, on the operative date, has not attained the age of fifty-five years or, in the case of a judge, sixty-two years and—


 * (a) who was before the 1st January 1963, appointed or selected for appointment to an office in the public service, being a pensionable office for the appropriate law;


 * (b) who is on the operative date the substantive holder of an office that is at that date a pensionable office for the purposes of the appropriate law;


 * (c) who is on the operative date a member of Her Majesty's Overseas Civil Service or Her Majesty's Overseas Judiciary or a designated officer for the purposes of the Overseas Service (North Borneo) Agreement, 1961;


 * (d) who is after the operative date a judge or the substantive holder of an office that has at any time during his tenure thereof been a pensionable office for the purposes of the appropriate law; and


 * (e) in the case of an officer whose appointment is subject to confirmation, who has been confirmed in that appointment;