Page:Agreement relating to Malaysia (1963).djvu/209



Provided that—


 * (a) he shall be paid before his departure on leave pending retirement,

or as soon as possible thereafter, a disturbance grant equal to one-quarter of his annual pensionable emoluments at the date of his retirement;


 * (b) if the period of leave on full pensionable emoluments for which he is eligible on the date of his departure on leave pending retirement is less than six months, he shall be granted such additional leave on full pensionable emoluments as will bring the aggregate period of pensionable leave of absence from that date up to six months; and


 * (c) he shall be provided by the Government of North Borneo with such passages and baggage facilities as an officer of similar status is entitled to under the General Orders of that Government when retiring from the public service, having attained the age of fifty-five years and having completed a final tour of residential service.


 * (2) If any dispute arises as to whether or not an officer has for the

purposes of this paragraph been required to retire to facilitate the introduction of constitutional changes it shall be referred to the Public Service Commission for decision and their decision shall be final.

8. (1) This paragraph applies to entitled officers who are the substantive holders of offices, being pensionable offices for the purposes of the appropriate law.


 * (2) Subject to the provisions of paragraphs 16 and 17 of this Schedule,

an officer to whom this paragraph applies, on his retirement under this Schedule, may be granted at his option (such option to be exercised before the date of retirement or, in the case of an officer to whom paragraph 4(4) of this Schedule applies, within one month after that date) either—


 * (a) a pension of such amount as may be granted under the appropriate law;


 * (b) a reduced pension equal to such fraction as he may desire of the pension that may be granted under the appropriate law (not being, in the case of an officer who retires within twelve years of the operative date, less than the permitted fraction) together with a gratuity equal to the annual amount of the remaining fraction of that pension multiplied by the appropriate factor;


 * (c) a gratuity equal to the annual amount of the pension that may be granted under the appropriate law multiplied by the appropriate factor, but so that no such gratuity shall exceed that resulting from an annual pension of three hundred pounds multiplied by the appropriate factor and, where the gratuity equals a fraction of the annual amount of that pension (such fraction being less than three hundred pounds) multiplied by the appropriate factor, a reduced pension equal to the difference between that fraction and three hundred pounds; or


 * (d) in the case of an officer who retires not less than twelve years after the operative date, a gratuity equal to the annual amount of the pension that may be granted under the appropriate law multiplied by the appropriate factor.


 * (3) For the purposes of this paragraph an officer shall be deemed to be eligible for the grant of a pension under the appropriate law—


 * (a) notwithstanding that he may have retired before attaining the age specified in the appropriate law as qualifying him for the grant of a pension; and