Page:Agreement relating to Malaysia (1963).djvu/225

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1970
Nations Unies — Recueil des Traités
231

repayable 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.

Condition of Service. 2. The conditions of service applicable to an officer who continues to be a substantive holder of a pensionable office in the Public Service of Singapore on or after the appointed day and to an officer who before the appointed day was the substantive holder of a pensionable office in the Public Service of Singapore and on or after the appointed day transfers or is seconded to the Public Service of Malaysia 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 Retirement any officer who continues to be the substantive holder of a pensionable office in the Public Service of Singapore on or after the appointed day and of an officer who before the appointed day was the substantive holder of a pensionable office in the Public Service of Singapore and on or after the appointed day transfers or is seconded to the Public Service of Malaysia or of the widow, children, dependants or personal representatives of such an officer shall be as provided for in the laws, regulations and administrative directions in force immediately before the appointed day or by such other laws, regulations and administrative directions made thereafter 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 officer who has ceased to be the substantive holder of a pensionable office in the Public Service of Singapore 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 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 there after that are not less favourable.

Payment of Pensions. 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;

N* 10760