Page:Report of The Inter-Governmental Committee, Malaysia.pdf/50

This page needs to be proofread.

48

PUBLIC OFFICERS AGREEMENT BETWEEN HER MAJESTY'S GOVERMENT IN THE UNITED KINGDOM AND THE GOVERNMENT OF

Her Majesty's Government in the United Kingdom and the Government of have agreed as follows:—

Interpretation 1. (1) In this Agreement—

(a) the appointed day" means Malaysia Day;

(b) "conditions of service" means the laws, rules, regulations, orders and other instruments that regulate the terms of service of an overseas officer relating to his tenure of office, disciplinary control, salary (including salary scales), pensionable allowances and passages;

(c) "overseas officer" means an officer whose conditions of service before the appointed day included an entitlement to free passages from for the purpose of leave of absence upon the completion of a tour of duty and who was before that day the substantive holder of a pensionable office in the Public Service of , being a person—

(i) who was selected for or offered appointment to the Public Service of by a Secretary of State; or

(ii) whose appointment to the Public Service of was approved by a Secretary of State; or

(iii) who had entered into an agreement with the Crown Agents for Oversea Governments and Administrations to serve in the Public Service of ; or

(iv) who (although not an officer falling within heads (i), (ii) or (iii) of this sub-paragraph) is or has been a member of Her Majesty's Overseas Civil Service or Her Majesty's Overseas Judiciary, or has been a member of a former Colonial Unified Service, or is or was a designated officer for the purposes of the Overseas Service () Agreement 1961;

(d) "pension" means any pension, gratuity, compensation and interest thereon, retiring allowance or other like benefit payable by the Government of to or in respect of any overseas officer or to the widow or child of any overseas officer or their legal personal representatives, including any increase of pension, and any contributions repaybale and interest

payable to any officer under any law providing for payment of pensions to widows and children of officers.

(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.

Conditions of Service 2. The conditions of service applicable to an overseas officer who continues to be the substantive holder of a pensionable office in the Public Service. of on or after the appointed day shall not be less favourable than those which were applicable to him immediately before the appointed day.

Retirement and Pensions 3. The entitlement to retire and the eligibility to receive a pension of any overseas officer who continues to be the substantive holder of a pensionable office in the Public Service of on or after the appointed day or of his widow, children, dependants or personal representatives shall be as provided for in the laws, regulations and administrative directions in force on the appointed day or in such other laws, regulations and administrative directions made there- after as are not less favourable, and pensions shall be granted and paid to such officers and other persons accordingly.

Preservations of Pensions 4. The pension of any overseas officer who has ceased to be the substantive

holder of a pensionable office in the Public Service of 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