Page:Agreement relating to Malaysia (1963).djvu/221



a colony, the normal channel of recruitment was either the Colonial Office or the Crown Agents for Oversea Governments and Administrations;


 * (d) "pension" means any pension, gratuity, compensation and interest thereon, retiring allowance or other like benefit payable by the Government of Malaysia or by the Government of Sabah/Sarawak to or in respect of any officer or to the widow or child of any officer or their legal personal representatives, including any increase of pension, and any contributions repayable and interest payable to any officer under any law providing for payment of pensions to widows and children of officer.


 * (2) "Substantive holder" in relation to any office includes a person serving in that office on probation but does not include a person (other than a person serving under a probationary agreement) serving in the office for a specified term under a contract.


 * (3) Reference in this Agreement to Sabah/Sarawak shall, in relation to any period prior to the appointed day, mean the former colony or protected state of North Borneo/Sarawak.

2. The conditions of service applicable to an officer who continues to be the substantive holder of a pensionable office in the public service of Sabah/Sarawak on or after the appointed day and to an officer who before the appointed day was the substantive holder of a pensionable office in the public service of Sabah/Sarawak and on or after the appointed day transfers or is seconded to the public service of the Government of Malaysia shall not be less favourable than those which were applicable to him immediately before the appointed day.

3. The entitlement to retire and the eligibility to receive a pension of any officer who continues to be the substantive holder of a pensionable office in the public service of Sabah/Sarawak on or after the appointed day and of an officer who before the appointed day was the substantive holder of a pensionable office in the public service of Sabah/Sarawak and on or after the appointed day transfers or is seconded to the public service of the Government of Malaysia or of the widow, children, dependants or personal representatives of such an officer shall be provided for in the laws, regulations and administrative directions in force immediately before the appointed day or by such other laws, regulations and administrative directions made thereafter as are not less favourable; and pensions shall be granted and paid to such officers and other persons accordingly.

4. The pension of any officer who has ceased to be the substantive holder of a pensionable office in the public service of Sabah/Sarawak before the appointed day, or of the widow, children, dependants or personal representatives of any such officer shall be granted and paid, or if granted before that date shall continue to be paid, in accordance with the laws, regulations and administrative directions governing those pensions immediately before the appointed day or in accordance with such other laws, regulations and administrative directions made there after that are not less favourable.