Page:Agreement relating to Malaysia (1963).djvu/205



years and months, beginning at the date by reference to which his compensation was last assessed and ending at the date by reference to which the next following assessment of his compensation is made:

Provided that any period of leave of absence for which such person is eligible and which is leave of absence in respect of a tour of duty which terminated before the operative date and the enjoyment of which has been deferred, shall not be taken into account in reckoning the period referred to in this sub-paragraph.


 * (5) In this paragraph "the appropriate factor" in relation to an officer means the factor obtained from Table I of the Annex to this Schedule (or, in the case of a judge, Table II of that Annex) that is appropriate to the age and pensionable service of that officer on the date taken for calculation reckoned in completed years and months or, if it is more favourable to the officer, reckoned in completed years without regard to parts of a year.

3. (1) When the compensation of an entitled officer has been provisionally assessed under paragraph 2(2) of this Schedule, a payment shall of be made to that officer, which—


 * (a) in the case of an entitled officer who has undertaken to serve as such upon such conditions as may be prescribed by the appropriate authority for any period not being less than two years, shall be an amount equal to the amount of the compensation or two thousand pounds, whichever is the less;


 * (b) in any other case, shall be an amount equal to the amount of the compensation as so assessed or, if that amount exceeds one thousand pounds, then one-sixth of the amount of compensation or one thousand pounds, whichever is the greater:

Provided that if an entitled officer gives such an undertaking after a payment has been made to him under this sub-paragraph, but not later than twelve months after the operative date, he shall be paid as soon as is reasonably practicable after the date on which he gave that undertaking, an amount which when added to the amount already paid to him equals the amount he would have been paid under this sub-paragraph if he had given that undertaking before any payment had been made to him under this sub-paragraph.


 * (2) Subject to the provisions of this paragraph, a further payment shall be made to every person who has become entitled to compensation under paragraph 2 of this Schedule and who has not already received the whole of that compensation (whether that person is serving as an entitled officer or has retired) upon each anniversary of the date in relation to which his compensation was assessed under sub-paragraph (2) of that paragraph, which—


 * (a) in the case of a payment made upon the first, second, third or fourth anniversary, shall be an amount equal to the appropriate fraction of the balance of compensation then outstanding; and


 * (b) in the case of a payment made upon the fifth or any later anniversary, shall be an amount equal to the balance of compensation then outstanding:

Provided that—


 * (i) where the balance of compensation outstanding upon the first, second, third or fourth anniversary exceeds five hundred pounds and, in the case of an officer to whom sub-paragraph (l)(a) of this paragraph applies, where that balance, if added to the amount of compensation already paid under this paragraph would exceed two thousand pounds, an amount equal to the appropriate fraction of that balance or four hundred pounds, whichever is the greater, shall be paid;