Page:Agreement relating to Malaysia (1963).djvu/206




 * (3) Each person who is serving as an entitled officer shall be paid on each anniversary of the date in relation to which his compensation under paragraph 2(2) of this Schedule was assessed, the additional compensation to which he is then entitled under sub-paragraph (4) of that paragraph.


 * (4) Whenever—


 * (a) a person who has become entitled to compensation under paragraph 2 of this Schedule but who has not already received the whole of that compensation (and in the case of an entitled officer whether he is still serving as such or has already retired) attains the age of fifty-five years or, in the case of a person who is or was when he retired a judge, sixty-two years, or dies before attaining that age;


 * (b) an entitled officer who has not already received the whole of the compensation to which he is entitled under paragraph 2 retires in the circumstances described in paragraph 4(4)(a), (c) or (d) of this Schedule before he has attained that age or is required to retire in the circumstances described in paragraph 4(4)(b) of this Schedule; or


 * (c) an entitled officer who has not already received the whole of the compensation to which he is entitled under paragraph 2 of this Schedule retires in any other circumstances before he has attained that age but on or after the fifth anniversary of the operative date,

the balance then outstanding of the compensation to which he is entitled shall be paid to him or, if he is dead, to his personal representatives.


 * (5) Whenever an entitled officer, who has not already received the whole of the compensation to which he is entitled under paragraph 2 of this Schedule, is required before attaining the age of fifty-five years to retire


 * (a) in the circumstances described in paragraph 5 or paragraph 6 of this Schedule, the balance then outstanding of the compensation to which he is entitled under that paragraph shall be paid to him—


 * (i) if notice requiring him to retire is given to him while he is engaged upon a tour of residential service, before his departure from North Borneo; or


 * (ii) if such notice is given to him while on leave of absence after completing a tour of residential service, as soon as possible after the date upon which such notice is given to him;


 * (b) in the circumstances described in paragraph 7 of this Schedule, the balance then outstanding of the compensation to which he is entitled under paragraph 2 shall be paid to him as soon as possible after the date upon which notice requiring him to retire is given to him.


 * (6) The State Secretary may direct that instead of any payment being made to the personal representatives of a deceased person payment shall be made to one of the dependants of the deceased or to two or more of those dependants in such proportions as the State Secretary may think fit.

Provided that in the case of a deceased person having assigned the whole or part of the compensation due to him under this Schedule to