Page:Agreement relating to Malaysia (1963).djvu/214



of the average of annual pensionable emoluments for the purposes of pension shall be applied; and, in the case of officers to whom the Oversea Superannuation Scheme Regulations apply, in determining the average of such pensionable emoluments, the provisions of the Pensions Ordinance of North Borneo relating to the determination of the average of annual pensionable emoluments for the purposes of pension shall be applied.
 * (3) If any of the provisions of this paragraph becomes applicable to any entitled officer, his compensation shall be re-assessed accordingly and paid in accordance with paragraph 3 of this Schedule and if the amount of compensation he has already received under that paragraph exceeds the amount of compensation to which he is entitled under the re-assessment the excess shall forthwith become repayable, but in any such case any interest received on account of the excess shall not be repayable.

14. (1) When disciplinary proceedings are taken, or are about to be taken, against any person who is serving as an entitled officer and those proceedings might lead to his dismissal, the payment of compensation under this Schedule and interest thereon shall be withheld pending the determination of those proceedings.


 * (2) Where any person who is serving as an entitled officer is dismissed, any compensation that he has not already received may, with the approval of the Public Service Commission, be withheld.

15. Any compensation or gratuity payable under this Schedule to an officer or to his personal representatives or dependants shall be paid, in accordance with any request made from time to time by such officer, his personal representatives or his dependants, as the case may be, in any of the following countries—


 * (a) in the United Kingdom;


 * (b) in any of the territories which will comprise the Federation of Malaysia;


 * (c) in the territory from which the officer was recruited or where he intends to reside;


 * (d) in the case of payment to the personal representatives of an officer or his dependants, in the territory in which the personal representatives or the dependants, as the case may be, reside; or


 * (e) in such territory as the officer or his personal representatives or dependants may, with the concurrence of the State Secretary, select,

in the currency of the territory in which payment is to be made; and, where payment is to be made in a territory other than a territory included in the Federation, the amount of the payment shall be such as would produce, at the official rate of exchange prevailing at the date of the payment, the amount in sterling of the compensation or gratuity as calculated at the official rate of exchange prevailing on the operative date.

16. (1) An entitled officer may at his option (such option to be exercised within three months of the operative date or, in the case of an officer who was not an entitled officer on the operative date, within three months of the date on which he became an entitled officer) become an officer to whom this paragraph applies.
 * (2) An officer to whom this paragraph applies shall not be entitled to compensation under this Schedule or be granted a pension or gratuity under this Schedule but, subject to the provisions of paragraph 17 of this Schedule may, on his retirement under this Schedule, be granted such benefits as may be granted under the appropriate law to an officer whose office has been abolished.


 * (3) An officer to whom this paragraph applies shall repay the amount of any compensation that may have been paid to him.