Page:Agreement relating to Malaysia (1963).djvu/213



entitled officer and who, in the opinion of the appropriate authority, would have had a reasonable expectation of becoming an entitled officer if no constitutional changes had been introduced, as if he were an entitled officer.


 * (2) An officer to whom this paragraph applies shall cease to be entitled

to compensation under paragraph 2 of this Schedule, but if the amount of his annual pensionable emoluments immediately before his transfer exceeds the amount of the annual emoluments payable to him immediately after his transfer (being emoluments that may be taken into account for the purpose of his pension under the law or regulations relating to his service in that other public service) he shall be entitled to compensation equal to—


 * (a) the amount of the excess multiplied by the appropriate factor;

or


 * (b) the amount he would receive if he were entitled to compensation under paragraph 2 of this Schedule, having retired on the date of his transfer,

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 the excess shall not be repayable.


 * (4) In this paragraph "the appropriate factor" in relation to an officer means the factor obtained from Table IV of the Annex to this Schedule that is appropriate to the age of the officer at the date of his transfer reckoned in completed years and completed months.

13. (1) If an entitled officer who has given an undertaking for the for purposes of head (a) of sub-paragraph (1) of paragraph 3 of this Schedule ceases to serve in accordance with the terms of that undertaking at any time before the end of the period to which the undertaking relates otherwise than by reason of his death or his retirement in circumstances beyond his control, then the amount of compensation to which he would otherwise be entitled under paragraph 2 of this Schedule shall be reduced by one-half per cent for each month or part of a month during that period in which he has not served in accordance with the undertaking.


 * (2) If an entitled officer has been granted promotion in the public service (whether before or after the operative date) upon his giving an undertaking to serve upon such conditions as may be prescribed by the appropriate authority for any period ceases to serve in accordance with the terms of that undertaking at any time before the end of the period to which the under

taking relates otherwise than by reason of his death or his retirement in circumstances beyond his control then the amount of compensation to which he is entitled under paragraph 2 of this Schedule shall be calculated as if his annual pensionable emoluments on the date taken for calculation were equal to his annual pensionable emoluments immediately before his promotion or were equal to the average of his annual pensionable emoluments during the three years immediately preceding his so ceasing to serve, whichever are the greater; and in determining the average of such pension able emoluments, the provisions of the appropriate law relating to the