Page:Agreement relating to Malaysia (1963).djvu/222



5. (1) A pension shall, at the option of the person to whom it is payable, be paid either in Malaysia or in the country in which he is residing or in any other country to which he had an entitlement to a free passage for the purpose of leave of absence upon the completion of a tour of duty as may from time to time be requested by him in writing.


 * (2) An option exercised under paragraph (1) of this Article—


 * (a) may be revoked at any time and a fresh option be exercised;


 * (b) shall be exercised or revoked by notice in writing;


 * (c) shall take effect on the first day of the next succeeding month, or at the person's election on the first day of any subsequent month after the date on which the notice is received by the State Secretary.


 * (3) Pensions payable outside Malaysia after the day on which this Agreement comes into operation shall be paid in the currency of the country in which payment is to be made, and 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 pension calculated at the rate of two shillings and four pence to one Malayan dollar notwithstanding any variation in that rate;

Provided that, if there is a general revision of salaries consequent upon the revaluation of the currency in use in Malaysia as a result of which the pensionable emoluments of an officer may be increased, that officer may be required to agree that any pension that may be granted to him shall be calculated at the rate of exchange prevailing at the date of the revision of salaries before he is granted the benefit of the increase of pensionable emoluments.


 * (4) Where the person to whom a pension is payable is a minor, his or her lawful guardian may exercise the option conferred by this paragraph.

6. The Government of Malaysia undertakes that, in any future schemes to increase pensions payable to any class or description of pensioner, there shall be no differentiation between officers or the widows or children of officers and other pensioners.

7. For the purposes of this Agreement, in so far as the laws, regulations or administrative directions applicable to the grant of a pension or to other conditions of service depend on the option of the person to or in respect of whom the pension is granted or is to be granted, or of the officer to whom the conditions of service apply, the laws, regulations or administrative directions for which such person or officer opts shall be taken to be more favourable to him than any other laws, regulation or administrative direction for which he might have opted.

8. (1) Officers who are members of Her Majesty's Overseas Civil Service or of Her Majesty's Overseas Judiciary shall continue to be eligible for consideration by Her Majesty's Government in the United Kingdom