Page:Agreement relating to Malaysia (1963).djvu/211




 * (b) by multiplying the resulting amount by the appropriate factor, exceeds the amount of the gratuity granted to him by the scheduled government.


 * (2) Subject to the provisions of paragraphs 16 and 17 of this Schedule, where an entitled officer to whom the provisions of the Oversea Superannuation Scheme Regulations apply retires under this Schedule and is granted under those Regulations a pension and a lump sum—


 * (a) he may be granted a gratuity equal to the amount produced by subtracting that lump sum from the sum arrived at by multiplying by the appropriate factor one-quarter of the annual amount of the pension he would have received if his pension had been calculated under the Pensions Ordinance of North Borneo.


 * (3) In this paragraph " the appropriate factor " has the same meaning as in paragraph 8 of this Schedule.

10. (1) Where an entitled officer dies and it is lawful under the provisions of the appropriate law for a gratuity to be granted to his personal representatives there shall be granted to his personal representatives either on the death that gratuity or a gratuity equal to the maximum gratuity which could have been granted to that officer under the provisions of paragraph 8 of this Schedule, if he had retired under this Schedule at the date of his death, whichever is the greater:

Provided that, in the case of an officer to whom Part III of the Schedule to the Pensions Ordinance of North Borneo applied, in respect of that proportion of the pension for which he would have been eligible, if he had retired under this Schedule at the date of his death, and which is attributable to his pensionable service otherwise than in the public service the provisions of paragraph 8(2)(d) of this Schedule shall not apply and the permitted fraction referred to in that paragraph shall not be less than three-quarters.


 * (2) For the purposes of the proviso to sub-paragraph (1) of this paragraph the proportion of a pension which is attributable to the pensionable service of an officer otherwise than in North Borneo shall be that proportion

of the pension for which the officer would have been eligible if his pensionable service had been wholly in North Borneo as the aggregate amount of his pensionable emoluments during his pensionable service otherwise than in North Borneo bears to the aggregate amount of his pensionable emoluments throughout his pensionable service.


 * (3) Where an entitled officer to whom the Oversea Superannuation Scheme Regulations apply dies and a gratuity is payable to his personal representatives under those Regulations, there shall be granted to his personal representatives a gratuity equal to the amount produced by subtracting the amount of the gratuity payable under those Regulations from the amount of the maximum gratuity which could have been granted to that officer under paragraph 9 of this Schedule, if that paragraph and the Pensions Ordinance of North Borneo had applied to him and he had retired under this Schedule at the date of his death.


 * (4) The State Secretary may direct that instead of being paid to the personal representatives, any gratuity payable under sub-paragraph (1) or sub-paragraph (3) of this paragraph shall be paid to one of the dependants

of the deceased or be divided among any two or more of those dependants in such proportions as the State Secretary may think fit.