Page:Agreement relating to Malaysia (1963).djvu/212



11. (1) This paragraph applies to an entitled officer who has retired under this Schedule and —


 * (a) who was transferred to the public service from pensionable employment under the Government of the United Kingdom in a public office as defined by the Superannuation Act, 1892; and


 * (b) who not later than twelve months after he retired has (other than as the result of a competition conducted by the Civil Service Commissioners of the United Kingdom) returned to such pensionable employment.


 * (2) A person to whom this paragraph applies shall cease to be entitled to compensation under paragraph 2 of this Schedule, but shall be entitled to compensation of an amount equal to—


 * (a) one-half of the amount he would receive if he were entitled to compensation under paragraph 2 of this Schedule; or


 * (b) the amount he would receive if he were entitled to compensation under paragraph 12 of this Schedule having been transferred to the pensionable employment referred to in sub-paragraph (1)(b) of this paragraph on the date on which he retired,

whichever is the less.


 * (3) If the provisions of this paragraph become applicable to any officer his compensation shall forthwith be re-assessed, and—


 * (a) if the amount of compensation as so re-assessed exceeds the amount he has already received under paragraph 3 of this Schedule, the balance of compensation then outstanding shall be paid, together with any unpaid interest that has accrued under that paragraph before the re-assessment in the manner prescribed by paragraph 3(2) of this Schedule for the payment of compensation assessed under paragraph 2 of this Schedule; or

(b) if the amount of compensation he has already received under that paragraph exceeds the amount of compensation to which he is entitled under this paragraph, the excess shall forthwith become repayable, but in any such case any interest received on account of such excess shall not be repayable.

12. (1) This paragraph applies to an entitled officer who is transferred from the public service—
 * (a) to the service of a government or authority that is a scheduled government for the purposes of Part III of the Schedule to the Pensions Ordinance of North Borneo in circumstances in which he remains eligible for the grant of a pension under the appropriate law or the Oversea Superannuation Scheme Regulations, as the case may be, upon bis eventual retirement; or


 * (b) to service in the office of Governor in such circumstances that he is or may become eligible for a pension under the Governors' Pensions Act, 1957

Provided that—
 * (a) it does not apply to an officer to whom paragraph 11 of this Schedule applies;


 * (b) it applies to any officer who having served after the operative date for a tour or tours of duty amounting in the aggregate to not less than two years' residential service (or less than two years, in the case of an officer returning to pensionable employment under the Government of the United Kingdom in consequence of the termination of his service in the public service otherwise than on disciplinary grounds) would but for the provisions of sub-paragraph (4) of paragraph 1 of this Schedule be an