Page:Report of The Inter-Governmental Committee, Malaysia.pdf/51

49 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 thereafter that are not less favourable.

5. (1) A pension shall, at the option of the person to whom it is payable, be paid either in 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 [Secretary to the Treasury].

(3) Pensions payable outside after the appointed day shall be paid in the currency of the country in which payment is to he 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 as at the official rate of exchange prevailing on the appointed day; Provided that there is a general revision of salanes consequent upon the revaluation of the currency in use in  as a result of which the pensionable emoluments of an overseas officer may be increased the Government of may require that officer 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 granting him 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. For the purposes of this Agreement, m so far as the law, regulations or Options administrative directions applicable to the grant of a pension or to other conditions of service depends on the option of the person to or in respect of whom the pension is granted or is to be granted, or of the overseas officer to whom the conditions of service apply the law, regulations or administrative directions for which such person or officer opts shall be taken to he more favourable to him than any other law, regulation or administrative direction for which he might have opted.

7. (1) Overseas officers who are members of Her Majesty's Overseas Civil Officers in Service or of Her Majesty's Overseas Judiciary shall continue to be eligible for MOCS. and consideration by Her Majesty's Government in the United Kingdom for transfer M.M.O.J. or promotion to employ in the Public Service of some other territory.

(2) The Government of shall comply with any reasonable request that may at any time be made by Her Majesty's Goverment in the United Kingdom for the release of an overseas officer for transfer or promotion in pursuance of paragraph (1) of this Article and shall take any action that may be necessary to preserve his pension rights when he is so transferred or promoted.

(3) Before he is released an overseas officer shall be required to make arrangements satisfactory to the Government of for the repayment to that Government of any compensation or instalments of compensation he may be required to make under the (Compensation Scheme), but not of any interest paid on outstanding instalments.

8. Section (Appeals Board) of the ( Constitution), relating to benefits, to which Section  of the (  Constitution) applies, that may be granted or that may have been granted to or in respect of any overseas officer, shall not he revoked or amended to the prejudice of the interests of any such officer.

9. This Agreement may he cited as the Public Officers Agreement, 196, and shall come into operation on the date of signature.

Done in duplicate at this  day of  196. . Signed on the behalf of Her Majesty's Government in the United Kingdom Signed on the behalf the Government of