Page:Agreement relating to Malaysia (1963).djvu/207

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1970
Nations Unies — Recueil des Traités
213

another person the balance outstanding of the compensation at the date of his death shall, to the extent to which it has been assigned by him, be paid to that other person.

(7) Whenever any payment of compensation is made under or in the manner prescribed by sub-paragraph (1) or sub-paragraph (2) of this paragraph, interest at the rate of five per centum per annum shall accrue from day to day during the period beginning at the date by reference to which that compensation was calculated and ending at the date of the next following assessment of compensation under any of the provisions of this Schedule upon any part of that compensation that did not become payable under this Schedule when the earlier assessment was made and that interest shall be paid in the manner and at the same time and place as that part of the compensation which is payable following the next assessment of compensation.
(8) In this paragraph "the appropriate fraction"—
(a) in relation to an assessment made upon the first anniversary, means one-fifth;
(b) in relation to an assessment made upon the second anniversary, means one-quarter;
(c) in relation to an assessment made upon the third anniversary, means one-third; and
(d) in relation to an assessment made upon the fourth anniversary, means one-half.

Right to retire at any time. 4. (1) Subject to the provisions of this paragraph, an entitled officer may, after giving such notice as may be prescribed by the appropriate authority, retire at any time.

(2) An entitled officer who has given notice of his intention to retire under this paragraph on any date may, with the consent of the appropriate authority, withdraw the notice at any time before that date.
(3) No entitled officer shall retire under this paragraph without the permission of the Public Service Commission if the appropriate authority certifies that disciplinary proceedings are being taken against the officer and those proceedings might lead to his dismissal.
(4) An entitled officer—
(a) who is permitted to retire by reason of injury or ill-health;
(b) who is required to retire on or after his attainment of any age prescribed by law;
(c) who is required to retire in consequence of the abolition of his office or for the purpose of facilitating improvements in the organization of the part of the public service to which he belongs by which greater economy or efficiency may be effected;
(d) who is required to retire in the public interest; or
(e) in the case of a woman officer, who is required to retire upon her marriage;

shall be deemed to have retired under this paragraph.

(5) In the case of the retirement of an entitled officer in pursuance of a notice given under sub-paragraph (1) of this paragraph, he shall be provided by the Government of the State with such passages and baggage facilities as he would have been entitled to under the scheme entitled "The Scheme of Retirement Benefits for Members of Her Majesty's Overseas Civil Service and for Officers designated under the Overseas Service (North Borneo) Agreement 1961", if he had retired in pursuance of a notice given by him under that scheme of his election to retire from the public service.



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