Page:Report of The Inter-Governmental Committee, Malaysia.pdf/43

 (iv) Every entilled officer who (while in North Borneo/Sarawak) is required to retire in these circumstances shall be entitled to the following benefits:— (a) the balance of any compensation due to him (re-assessed as provided in paragraph 5 (vn) will be paid to him in one lump sum not more than one month before his expected date of departure from North Borneo/Sarawak;

(b) if he has less than six months' carned leave (including any deferred leave) standing to his credit when he leaves North Borneo/Sarawak, he will be granted additional leave to bring his penod of leave up to a total of six months,

(c) his pension will be calculated on the basis of the pensionable emoluments which he is drawing at the date of his retirement, and the "averaging" provisions of the Pensions Ordinance will not apply 10 him;

(d) he will be given full retirement passage and baggage facilities as if he had completed a normal tour.

(v) If an entitled officer is given notice to reture in these circumstances while on vacation leave, he shall be granted the following benefits:

(a) the balance of any compensation due to him ((re-assessed as provided in paragraph 5 (vi) above) will be paid to him in one lump sum forthwith;

(b) if he has less than six months' leave (including deferred leave) outstanding at the date on which nouce is given, additional leave to bring the period of leave due to him on that date up to a total of six months;

(c) his pension will be calculated on the basis of the pensionable emoluments which he is drawing at the date of his retirement, and the "averaging" provisions of the Pensions Ordinance will not apply to him;

(d) passages at Government expense to and from North Borneo Sarawak for himself (but not for his family) to enable him to settle up his affairs;

(e) full retirement baggage concessions. as prescribed in Standing Orders, to enable him to transport his effects from North Borneo/Sarawak.

(vi) If an officer serving on probation (who is otherwise an entitled officer within the meaning of paragraph 2 (i) above) is required to retire in these circumstances he shall be confirmed in his appointment forthwith and shall then be entitled to compensation and other appropriate benefits set out in this paragraph.

14. Death of an Entitled Officer

(i) The dependants or the legal personal representatives of an entitled officer who after the operative date dies while still serving or while on Icave prior to retirement and before all payments of compensation due to him have been made, shall receive the outstanding balance of compensation and the death gratuity for which provision is made in the Pensions Ordinance. provided that the death gratuity shall, where applicable, be calculated by reference to the special table of factors provided for in paragraph 15 ( below and to the additional commutations of of pension provided for under paragraph 15 (ii) below.

(ii) Where an entitled officer dies after he has retired, his dependants or legal personal representatives shall receive the outstanding balance of compensation and any other benefits due to them under the Pensions Ordinance.

15. Commutation of Pensions

(i) Entitled officers retiring under this Scheme shall be entitled to commute up to one-quarter of their earned pension (whether that pension has been earned solely by service in North Borneo Sarawak or partly by service in North Borneo Sarawak and partly by service under another Government or administration which schedules North Borneo/Sarawak in its pension law) in accordance with the special table of commutation factors which is set out in Appendix IV. The North Borneo Sarawak Government will bear the cost arising from the difference between these factors and the commutation factor provided for in the pensions law of the other Government or Administration These special factors shall also apply to the commutation of pensions of entitled officers who retire after the final instalment of compensation has been paid.