*AKTA KUMPULAN WANG SIMPANAN PEKERJA 1991

Interpretation

Membership of the Board 5.

Alternate members 6.

Tenure of office 7.

Resignation and revocation 8.

Vacation of office 9.

Quorum of the Board 10.

Chairman to have casting vote 11.

Power of Minister to give directions 12.

Duty to furnish the Minister with information 13.

Authentication of seal 14.

Powers and duties of the Board 15.

General reserve and other reserve accounts

4 Laws of Malaysia

Section 16.

Board may establish any committee 17.

Power to grant loans and make advances to its officers and servants 18.

Establishment and membership of the Investment Panel 19.

Vacation of office 20.

Quorum and conduct of proceedings 21.

The Chairman of the Investment Panel to have casting vote 22.

Disqualification from membership of the Board and the Investment Panel 23.

Disclosure of interest 23A.

Established of Shariah Advisory Committee 23B.

Functions of Shariah Advisory Committee 23C.

Appointment of members of Shariah Advisory Committee 23D.

Reference to Shariah Advisory Committee

Board shall be trustee of the Fund 26.

Power of the Board to invest 26A.

Power of the Board to invest in an approved company 26B.

Board to invest in Government Securities 26C.

Power of the Board to establish a corporation or a company 27.

Declaration of dividend 28.

Provision for advancement from the Federal Consolidated Fund 29.

Audit of the Fund’s annual accounts

Employees Provident Fund 5

INVESTMENT BY MEMBER OF THE FUND

Section 29A.

Investment by member of the Fund

THEIR POWERS, FUNCTIONS AND DUTIES

Board 31.

Establishment of the Disciplinary Committee 31A.

Establishment of the Disciplinary Appeal Committee 32.

Imposition of surcharge 33.

Establishment of a Promotion Committee in respect of officers and servants of the Board 33A.

Establishment of the Promotion Appeal Committee in respect of officers and servants of the Board 34.

Appointment of Inspectors, their powers, functions and duties 35.

Powers of entry, examination and search 36.

Obstruction to exercise of powers by an Inspector 37.

Power to examine persons 37A.

Power of the Board to assess contributions based on information available 38.

Powers of chief executive officer to ask for information and application for search warrant 39.

Preventing person from leaving Malaysia without paying contributions

PROVIDENT FUND

6 Laws of Malaysia

Section 41.

Duty of employer to register with the Board 42.

Duty of employer to prepare and furnish statement of wages 43.

Rate of contributions 43A.

Election for account of member of the Fund to be managed according to

Shariah 44.

Remittance of funds in connection with retirement 44A.

Adding up credit into the account of a member of the Fund 45.

Payment of contributions 46.

Joint and several liability of directors, etc.

Recovery by employer of employee’s contribution 49.

Late payment charges on contributions in arrears 50.

Contributions to be paid into the Fund 51.

Contributions and deposits not to be assigned or attached 51A.

Transfer to the Registrar of Unclaimed Money 52.

Approved funds 53.

Winding up of approved fund

TRANSFER OF CREDIT IN ACCORDANCE WITH THE

DIVISION OF MATRIMONIAL ASSETS ORDER

Withdrawal of the transferred amount

ELECTION BY MEMBER OF THE FUND TO TRANSFER HIS

CONTRIBUTIONS

Employees Provident Fund 7

Section 53D.

Election by member of the Fund to transfer his contributions 53E.

Cessation of transfer of contributions 53F.

Re-transfer of contributions

Payment of dividend in such manner as determined by the Board 54B.

Date of withdrawal 54C.

Withdrawal by pensionable employees 55.

(Deleted)

Contribution to and withdrawal from the Fund for a member of the Fund who has attained the age of sixty years 56.

Release of employer’s contributions 57.

Payment for withdrawal 57A.

Limitation for a member of the Fund to dispute the accuracy of amount withdrawn or the validity of a withdrawal made 58.

Payment of additional amount 58A.

Amount withdrawn not to be utilized for other purpose

TAKING UP OF INSURANCE POLICY BY MEMBER

OF THE FUND

8 Laws of Malaysia

Section 59.

Incorrect declaration, failure to furnish return or furnishing false documents 59A.

Court order 60.

General penalty 61.

Attempts, preparations, abetments and conspiracies punishable as offences 62.

One trial for any number of offences 63.

Court order 64.

Certificate of authorized officer of the Board to be evidence 65.

Civil proceedings to recover contributions 66.

Protection of contributions in execution proceeding or sale under security 67.

Conduct of civil proceedings 68.

(Deleted)

Public Authorities Protection Act 1948 70.

Members of the Board, Investment Panel and officers deemed as public servants

MEMBER OF THE FUND WHO IS NOT A MALAYSIAN

CITIZEN

(Deleted)

Nomination 70E.

Other provisions continue to apply 70F.

Credit return

Employees Provident Fund 9

Section 70G.

Cessation of liability to contribute 70H.

Cessation of dividend payments and transfer to Registrar of Unclaimed

Money 71.

Powers of Minister to make regulations 72.

Powers of Minister to require other person to contribute and declare any payment or remuneration as wages 73.

Powers of the Board to make rules 74.

Powers of Minister to amend the Schedules

Continuance of laws, etc.

Transfer of property 79.

Existing contracts 80.

Continuance of criminal and civil proceedings 81.

Transfer of Fund 82.

Continuance of officers and servants 83.

Pending disciplinary proceedings 84.

Transfer of member of the Fund 85.

Transfer of registration of employers 86.

Prevention of anomalies

FIRST SCHEDULE

SECOND SCHEDULE

10 Laws of Malaysia

THIRD SCHEDULE

FOURTH SCHEDULE (Deleted)

FIFTH SCHEDULE

SIXTH SCHEDULE

SEVENTH SCHEDULE

EIGHTH SCHEDULE

11

Act 452

An Act to provide for the law relating to a scheme of savings for employees’ retirement and the management of the savings for the retirement purposes and for matters incidental thereto.

[1 June 1991, P.U. (B) 264/1991]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan

Agong with the advice and consent of the Dewan Negara and Dewan

Rakyat in Parliament assembled, and by authority of the same, as follows:

Short title and commencement

Act 1991.

“additional amount” means the amount which may be paid under section 58;

“amount of wages for the month” means—

12 Laws of Malaysia

Establishment of the Board

“Employees Provident Fund Board” is established with perpetual succession and a common seal, and which may sue and be sued in its corporate name and, subject to and for the purposes of this

Act, may enter into contracts and may acquire, purchase, take, hold and enjoy movable and immovable property of every description and may convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with any movable or immovable property or any interest therein vested in the Board upon such terms as it deems fit.

Membership of the Board

Board, other than the chief executive officer, shall hold office for a term not exceeding three years.

Chairman, and in the case of the Chairman by a written notice addressed to the Minister.

Duty to furnish the Minister with information

Authentication of seal

Employees Provident Fund 21

presence of the Chairman and the chief executive officer, or either the

Chairman or the chief executive officer and one other member of the

Board or any two other members of the Board, and any deed, document or instrument purporting to be sealed with the common seal of the

Board and so authenticated shall until the contrary is proved, be deemed to have been validly executed:

Provided that where the Chairman is also the chief executive officer the common seal of the Board shall be sealed in the presence of the

Chairman and one other member of the Board or any two other members of the Board.

Powers and duties of the Board

Power to grant loans and make advances to its officers and servants

Establishment and membership of the Investment Panel

Panel and two other members of the Investment Panel shall form a quorum at all meetings of the Investment Panel.

Investment Panel or committee, as the case may be, the fact of his interest and the nature thereof as soon as practicable after the relevant fact has come to his knowledge.

Fund whose elections under section 43A have come into effect complies with Shariah principles, including the contributions, investment and dividend.

Shariah, or who have knowledge or experience in Shariah and in banking, finance, law or such other related disciplines, as members of the Shariah Advisory Committee.

Advisory Committee any matter relating to Shariah and any matter which requires the ascertainment of Shariah principles by the Shariah

Advisory Committee relating to the accounts of the members of the

Fund whose elections under section 43A have come into effect.

Establishment of Employees Provident Fund

Employees Provident Fund 27

Power of the Board to invest

Fund is required to pay under this Act, the sum required to be so paid shall be charged on and advanced to the Fund from the Federal

Consolidated Fund and the Fund shall as soon as practicable repay to the Government of Malaysia the sum so advanced.

Audit of the Fund’s annual accounts

Reports) Act 1980 [Act 240].

INVESTMENT BY MEMBER OF THE FUND

Investment by member of the Fund

Act, the Board may, subject to any regulations and rules made under this Act—

THEIR POWERS, FUNCTIONS AND DUTIES

Appointment of the chief executive officer, officers and servants of the Board

Board is established.

Disciplinary Committee under section 31 is established.

Board, one of whom shall be appointed chairman of the Committee, is established.

Inspector, making any investigations under section 35 may examine orally any person whom he believes to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.

Inspector may, assess any contributions which is due by any employer based on any information available if the employer—

PROVIDENT FUND

Duty of employer to register with the Board

Board, before the end of the first week in the first month in which he is paying wages in respect of which he is required to pay contributions under this Act, register with the Board in the manner as may be prescribed by the Board.

Schedule.

50 Laws of Malaysia

(2)

Any person being an employer who fails, within such period as may be prescribed by the Minister, to pay to the Fund any contributions which he is liable under this Act to pay in respect of or on behalf of any employee in respect of any month shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand ringgit or to both.

(3)

Without prejudice to subsections (1) and (1A), an employer and an employee or either of them may, at any time elect to pay monthly contributions at a rate which exceeds the rate respectively set out in the

Third Schedule by one ringgit or a multiple of one ringgit subject to any maximum limit of monthly contributions set out in Third Schedule.

(4)

Notice of such election shall be given to the Board in such manner as may be prescribed by the Board and where any such notice has been given, this Act shall, in respect of any employer or employee who has elected as aforesaid, apply as if the rate of contribution which such employer or employee has elected to pay, were the rate respectively set out in the Third Schedule:

Provided that an election cannot be made to take effect retrospectively.

(5)

An employer and an employee or either of them may, at any time, revoke his election made under subsection (4).

(6)

Notice of such revocation shall be given to the Board in such manner as may be prescribed by the Board and where any such notice has been given, this Act shall, in respect of any employer or employee who has revoked as aforesaid, apply as if such employer or employee has not elected to pay the excess contribution:

Provided that a revocation cannot be made to take effect retrospectively.

(7)

In the event of the death of an employee, no contributions shall be due under this section by or on behalf of such employee in respect of the month during which such death occurs:

Provided that where any such contribution has been received it shall be paid into the Fund in accordance with section 50.

Employees Provident Fund 51

(a)

a self-employed person;

(b)

a pensionable employee;

(c)

any person not being an employer or an employee, whether or not within the meaning of this Act; or

(d)

any person not being an employer and not being an employee, whether or not within the meaning of this Act, and both have given their consent to contribute, may, by giving notice in such manner as may be prescribed by the

Board, elect to pay monthly contributions in accordance with the rate as prescribed by the Board.

(9)

The Board may, subject to any terms and conditions as prescribed by the Board, return—

(a)

the exceeded amount of contributions paid under subsection (3) or (8); or

(b)

any contribution which is paid by any persons who has no liability to contribute.

Election for account of member of the Fund to be managed according to Shariah

43A. (1)

A member of the Fund may elect for all amount standing to the credit of his account to be managed according to Shariah subject to any terms and conditions as may be prescribed by the Board.

52 Laws of Malaysia

Board shall segregate the account of such member of the Fund from other accounts of the members of the Fund—

Remittance of funds in connection with retirement

44. (1) In addition to section 43, an employer or any other person may at any time, with the consent of the employee, remit to the

Board—

(a)

any funds being retirement benefits of the employee; or

(b)

any funds from any other retirement scheme or plan relating to the employee, in any manner as may be prescribed by the Board.

(2)

An employee or any other person may at any time remit to the

Board any funds from any retirement scheme or plan relating to the employee or person in any manner as may be prescribed by the Board.

(3)

Upon the Board receiving the funds as remitted under subsection (1) or (2), the Board shall cause the funds to be paid into the Fund in accordance with section 50.

Employees Provident Fund 53

Adding up credit into the account of a member of the Fund

44A. In addition to sections 43 and 44, any person prescribed by the

Board may add up credit into the account of a member of the Fund by remitting a sum of money to the Board, subject to any terms and conditions as prescribed by the Board, and any maximum limit of monthly contributions set out in the Third Schedule.

Payment of contributions

45. (1) Except where otherwise provided in this Act, the employer shall, in the first instance, be liable to pay both the contributions payable by himself and also, on behalf of and to the exclusion of the employee, the contributions payable by that employee; and for the purposes of this Act contributions paid by an employer on behalf of an employee shall be deemed to be contributions by the employee.

(2)

Contributions payable by the employer for himself and on behalf of the employee under subsection (1) shall be paid in respect of the first and subsequent months’ wages.

(4)

Any employer who contravenes subsection (3) shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand ringgit or to both.

Joint and several liability of directors, etc.

46. (1) Where any contributions remaining unpaid by a company, a firm or an association of persons, then, notwithstanding anything to the contrary in this Act or any other written law, the directors of such company including any persons who were directors of such company during such period in which contributions were liable to be paid, or the

54 Laws of Malaysia partners of such firm, including any persons who were partners of such firm during such period in which contributions were liable to be paid, or the office-bearers of such association of persons, including any persons who were office-bearers of such association during such period in which contributions were liable to be paid, as the case may be, shall together with the company, firm or association of persons liable to pay the said contributions, be jointly and severally liable for the contributions due and payable to the Fund.

“contribution” shall be deemed to include any dividend and late payment charges due on any contributions;

“partner”—

[Act 135]; or

Partnerships and Limited Liability Partnerships Act 2010

[Act 707] and the Limited Liability Partnerships Act 2012

[Act 743].

Employer’s contribution irrecoverable from employee

47. (1)

Notwithstanding any contract to the contrary, the employer shall not be entitled to deduct or otherwise recover from the wages or remuneration of the employee, the employer’s contribution, from the employee.

(2)

If an employer deducts or attempts to deduct from the wages or remuneration of any employee the whole or any part of the employer’s contribution, he shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six years or to a fine not exceeding twenty thousand ringgit or to both.

Employees Provident Fund 55

Recovery by employer of employee’s contribution

48. (1) Subject to this section, the employer shall be entitled to recover from the employee, in accordance with this section, the amount of any contribution payable on behalf of the employee.

(2)

The amount of any contribution payable by the employer on behalf of the employee shall, notwithstanding any written law or any contract to the contrary, be so recoverable by means of deductions from the wages of the employee due from the employer to the employee and not otherwise.

(3)

Any employer who deducts the employee’s contributions from the wages of an employee and fails to pay such deducted sum or any part thereof to the Fund shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six years or to a fine not exceeding twenty thousand ringgit or to both.

(4)

No deduction of any contribution shall be made as provided by subsection (2)—

(a)

except at the time wages are paid to the employee; and

(b)

other than of the contribution in respect of the wages which are then being paid:

Provided that, subject to such conditions as may be prescribed by the Board, where an employer has, by error not occasioned by that employer’s negligence, omitted to deduct any contribution or part of any contribution payable by him on behalf of the employee, then, such contribution or part thereof may be deducted from the wages payable by such employer to the employee not later than six months from the date of the payment of the wages in respect of which the contribution or part thereof was omitted to be deducted.

(5)

Any employer who contravenes subsection (4) shall be guilty of an offence.

(6)

(Deleted by Act A914).

56 Laws of Malaysia

Late payment charges on contributions in arrears

49. (1) Where the amount of the monthly contributions or part of any monthly contributions which an employer is liable to pay under section 45 is not paid within such period as prescribed by the Minister, the employer shall be liable, in addition to the dividend to be paid under subsection 45(3), to pay late payment charges to be credited to the

Fund on such amount at such rate and in accordance with any manner and calculation determined by the Board.

(2)

The Board may in any case in which it thinks fit remit in whole or part the payment of any late payment charges due under this section.

Contributions to be paid into the Fund

50. (1) All sums collected, recovered or transferred under this Act shall be paid into the Fund in such manner as the Board shall direct.

(2)

The Board shall cause to be credited to each member’s account—

(a)

the amount of any contributions paid in his respect by the employer on his own behalf and on behalf of such member of the Fund;

(b)

dividend on any amount standing to the credit of such member at the rate declared under section 27 in such manner as the Board may prescribe; and

(c)

any other moneys paid on behalf of such member under this Act.

Fund and prescribe the percentage to be credited into each account.

Employees Provident Fund 57

(a)

no amount of contributions or money may be credited into the account of a member of the Fund after such member has attained the age of seventy-five years; and

(b)

dividend shall be credited on any amount standing to the credit of a member of the Fund until all sums of money standing to the credit of such member are transferred to the Registrar of Unclaimed Money under section 51A.

(3)

If any employer fails to pay any contribution which he has deducted from the wages of an employee, the Board shall, on being satisfied that such deduction has been made, credit the employee with the amount of such contribution together with any dividend which would have been credited in respect thereof if such contribution had been paid by the employer within the prescribed period and shall charge the amount so credited to the general revenues of the Fund:

Provided that nothing in this section shall prejudice the right of the

Board to recover the amount of such contribution and dividend from the employer.

(a)

firstly to be credited to the general revenues of the Fund such sum that has been paid out from the general revenues of the Fund under subsection (3); and

(b)

the balance thereof shall be credited to the respective employees’ accounts rateably.

(5)

(Deleted by Act A958).

58 Laws of Malaysia

(6)

The provisions of this section shall apply to any amount standing to the credit of an employee in an approved fund upon the transfer of such amount to the Fund.

Contributions and deposits not to be assigned or attached

51. (1) Notwithstanding anything to the contrary contained in any other written law—

(a)

no sum deducted from the wages of a member of the Fund under section 48;

(b)

no amount payable by the employer as his contribution; and

(b)

no amount standing to the credit of a member of the Fund, shall be assignable, transferable, liable to be attached, sequestered, levied upon, for, or in respect of, any debt or claim whatsoever, nor shall the *Director General of Insolvency be entitled to or have any claim on any such sum or amount.

Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 [Act 613].

Transfer to the Registrar of Unclaimed Money

51A. (1) Notwithstanding section 51, the Board may transfer to the Registrar of Unclaimed Money all sums of money standing to the credit of a member of the Fund which have not been claimed

*NOTE—Previously known as the “Official Assignee”—see section 17 of the Bankruptcy (Amendment)

Act 2003 [Act A1197].

**NOTE—Previously known as the Anti-Money Laundering and Anti-Terrorism Financing Act 2001.

Change in short title vide section 3 of the Anti-Money Laundering and Anti-Terrorism Financing

Employees Provident Fund 59

when such member has attained the age of one hundred years or any age limit as may be prescribed by the Board, whichever is higher.

Money according to the Unclaimed Moneys Act 1965 [Act 370].

Approved funds

52. (1) No contributions shall become payable to the Fund by the employees in respect of whom there exist an approved fund, or by the employer or employers of such employees in respect of such employees.

by deleting any paragraph thereof, any employer or group of employers who before the date on which the order comes into force has established a provident fund or other scheme for the benefit of all or of a group of his or their employees of the description specified in that paragraph shall, within such period as the Board may in its discretion allow, furnish the Board with such particulars of such provident fund or other scheme as the Board may prescribe or in any particular case require, and if after examining such particulars the Board is satisfied that such provident fund or other scheme as amended if necessary in such manner as the Board may require provides for an employee benefits not less advantageous to him than the benefits which are provided for an employee by the Fund, the Board may, subject to such conditions as it may impose, declare such provident fund or other scheme to be an approved fund.

60 Laws of Malaysia rules of such approved fund from contributing thereto during a specified period of probation, any sum standing to such employee’s credit in the Fund which represents contributions to the Fund both by the employer and the employee since the date on which such employment commenced, together with any dividend thereon, shall remain in the Fund.

(a)

an employer who is one of a group of employers by whom an approved fund has been established ceases to participate in such approved fund; or

(b)

an employee—

Provided that where an employee—

(a)

transfers from employment in Malaysia under an employer by whom an approved fund has been established to employment outside Malaysia under the same employer; or

Employees Provident Fund 61

(b)

transfers from employment under an employer who is one of a group of employers by whom an approved fund has been established to employment under another employer who is one of the same group, and in either case, where such transfer is permitted by the rules of such approved fund to continue to contribute thereto on the same terms and conditions as if such transfer had not taken place, such employee, so long as he continues so to contribute, shall not for the purposes of subparagraph (b)(i) of this subsection be deemed to have left an employment in respect of which he was a contributor to an approved fund:

Provided further that where in accordance with the rules of such approved fund the amount standing to the credit of any employee consists in whole or in part of a policy of life assurance, such policy shall not be transferred to the Fund, but shall be dealt with in accordance with such rules.

Fund, and the Board shall cause to be credited to each employee or such employees such amount in such manner as the Board shall direct.

Board may determine:

Provided that where in accordance with the rules of such approved fund the amount standing to the credit of any

62 Laws of Malaysia employee consists in whole or in part of a policy of life assurance such policy shall not be transferred to the Fund, but shall be dealt with in accordance with such rules.

(7)

An employer who has established an approved fund shall—

(a)

furnish the Board with such accounts as the Board may require in respect of such approved fund duly certified by a person who has been approved as a company auditor under section 8 of the *Companies Act 1965;

(b)

inform the Board of any proposed amendment to the rules of such approved fund and shall not effect any such amendment except with the written approval of the Board;

and

(c)

furnish the Board with such particulars of those employees contributing to such approved fund in such manner as may be prescribed by the Board.

(8)

The Board may, if not satisfied with the management of any approved fund, revoke any declaration made under this section, and upon such revocation, subsection (5) of this section shall apply as they would apply if such fund were wound up.

(9)

An employer in respect of any approved fund shall be subject to the same offences and penalties in respect of any deductions or contributions made under the rules of an approved fund as are provided by this Act in respect of deductions and contributions relating to the

Fund.

(10)

Notwithstanding anything to the contrary in the rules of an approved fund, the amount standing to an employee’s credit therein together with any dividend thereon may be withdrawn in any of the circumstances set out in paragraph 54(1)(a), (b) or (c).

(11)

Notwithstanding anything to the contrary in the rules of an approved fund, any employer may on application by an employee who

*NOTE─The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016

[Act 777] which comes into operation on 31 January 2017–see subsection 620(1) of Act 777.

Employees Provident Fund 63

has attained the age of fifty years authorize not more than one withdrawal from such approved fund a sum representing one-third of the amount standing to the credit of such employee and an employee in respect of whom an authority for withdrawal has been given under this subsection shall notwithstanding such withdrawal continue to be treated as a contributor to such approved fund.

Fund.

Board from the funds of such funds on the basis of membership of such funds.

64 Laws of Malaysia

Winding up of approved fund

53. The approved fund of a statutory or local authority under the new scheme shall be wound up on such date as the Minister may, by notification in the Gazette, appoint in each particular case, and all assets and liabilities of the approved fund shall be transferred to the

Fund and dealt with under this Act:

Provided that where there is a pension scheme of a statutory or local authority within the meaning of “approved fund” under section 2 of this Act then the winding up of such scheme shall be dealt with under section 30 of the Statutory and Local Authorities Superannuation Fund

Act 1977 [Act 185] notwithstanding section 52.

TRANSFER OF CREDIT IN ACCORDANCE WITH THE DIVISION OF

MATRIMONIAL ASSETS ORDER

Transfer of credit of a member of the Fund in accordance with the division of matrimonial assets order

53A. (1) Notwithstanding section 51, when an order is issued by a court that part of the sums of money standing to the credit of a member of the Fund is matrimonial asset, the Board may, after being served with the sealed order, transfer the sum of money as ordered by the court from the account of a member of the Fund into the account of the receiver named in the order subject to any terms and conditions as prescribed by the Board.

(2)

The Board shall postpone such transfer under subsection (1) if an order, appeal or any process of court proceedings which prevents the execution of the order under subsection (1) is served on the Board.

(3)

Notwithstanding subsections (1) and (2), the transfer of credit from the account of a member of the Fund into the account of the receiver named in the order is subject to the amount standing to the credit of such member of the Fund at the date of the transfer is made.

Employees Provident Fund 65

(4)

For the purpose of subsection (3), “the date of the transfer”

means the date on which the sums of money is debited from the account of a member of the Fund.

Withdrawal of the transferred amount

53B. (1) Notwithstanding any relevant provisions of this Act, the amount which has been transferred into the account of the receiver named in the order under subsection 53A(1) shall not be withdrawn or transferred except in accordance with subsection (2).

(a)

has died;

(b)

has attained the age of fifty-five years;

(c)

is physically or mentally incapacitated from engaging in an employment; or

(d)

is not a Malaysian citizen and is about to leave Malaysia.

has been granted, no additional amount under section 58 may be paid.

ELECTION BY MEMBER OF THE FUND TO TRANSFER

HIS CONTRIBUTIONS

Transfer of employee’s contributions

53C. The contributions of a member of the Fund affected by the transfer into the account of another member of the Fund under this Part shall be the employee’s contributions of the first mentioned member of the Fund.

66 Laws of Malaysia

Election by member of the Fund to transfer his contributions

53D. (1) Notwithstanding section 51 and subject to the conditions and criteria as specified in the Eighth Schedule, a member of the

Fund may elect to transfer his contributions at the rate specified in the Eighth Schedule into the account of another member of the Fund who is or are his lawful wife or wives.

(2)

A member of the Fund who elects to transfer his contributions shall make an application to the Board by submitting such particulars or documents, and in such manner, as determined by the Board.

(3)

After receiving an application under subsection (2), the

Board shall transfer the contributions of the member of the Fund who elects to transfer his contributions into the account of another member of the Fund elected by him on a monthly basis or in accordance with such other period as determined by the Board subject to the availability of contributions in the account of the member of the Fund who makes the election.

Cessation of transfer of contributions

53E. (1) Upon the occurrence of any circumstances specified in the Eighth Schedule in relation to a transfer of contributions, a member of the Fund who has elected to transfer his contributions under section 53D may apply to the Board to cease the transfer.

(2)

An application for cessation of transfer of contributions under subsection (1) shall be made to the Board by submitting such particulars or documents, and in such manner, as determined by the Board.

(3)

After receiving an application under subsection (2), the

Board shall cease the transfer of the contributions.

(4)

Any amount that has been transferred into the account of the member of the Fund who receives the contributions transferred before the date of cessation of transfer of the contributions shall be retained in the account of such member of the Fund.

Employees Provident Fund 67

Re-transfer of contributions

53F. Where contributions under section 53D have been erroneously transferred, the

Board may re-transfer the contributions, including any dividend, into the account of the member of the Fund who has elected to transfer the contributions, subject to the amount standing to the credit of the member of the

Fund who has erroneously received the contributions transferred.

PART VI

WITHDRAWAL OF CONTRIBUTIONS

Withdrawal from the Fund

54. (1) The Board may authorize the withdrawal of all sums of money standing to the credit of a member of the Fund upon any terms and conditions as may be prescribed by the Board if the Board is satisfied that—

(a)

the member of the Fund has died;

(b)

(Deleted by Act A1300);

(c)

the member of the Fund is physically or mentally incapacitated from engaging in an employment; or

(d)

(Deleted by Act A1123);

(e)

the member of the Fund is not a Malaysian citizen and is about to leave Malaysia.

(2)

(Deleted by Act A1300).

68 Laws of Malaysia

(3)

(Deleted by Act A1300).

(4)

A member of the Fund who, before 1 August 1995, has made a withdrawal of all sums of money standing to his credit in the Fund on the grounds that he is about to leave Malaysia with no intention of returning to Malaysia or with the intention of residing in the Republic of Singapore shall be treated as an employee under this Act if he has given to the Board and his employer a notice in such manner as may be prescribed by the Board of his intention to contribute to the Fund.

(5)

(Deleted by Act A1300).

(6)

Notwithstanding subsection

(1)

and subject to subsection 59(2), the Board may authorize an application of a member of the Fund to withdraw part of the amount standing to his credit upon any terms and conditions as may be prescribed by the Board if the

Board is satisfied that—

Employees Provident Fund 69

taken another loan and the new house has been charged as security for the other loan;

(7)

Notwithstanding subsection 54(6), the Minister may, if he thinks it expedient and after consulting the Board, by order published

70 Laws of Malaysia in the Gazette, add to, vary or modify the purposes for which a member of the Fund may make a withdrawal under subsection (6).

Payment of dividend in such manner as determined by the Board

54A. Where any amount—

(a)

is withdrawn from the Fund under subsection 53B(2), section 54, 54C, 55A or 58B, the Board shall pay dividend on such amount so withdrawn or credit such dividend on the amount so withdrawn into the account of a member of the Fund in such manner as determined by the Board from time to time; and

(b)

is paid from the Fund under section 56, the Board shall pay dividend on such amount so withdrawn in such manner as determined by the Board from time to time.

Date of withdrawal

54B. For the purpose of withdrawal under this Act, the date of withdrawal shall be—

(a)

where payment is made by a warrant, the date on which the warrant for such withdrawal is issued; and

(b)

where payment is made in a manner other than by a warrant, the date on which such amount of withdrawal is debited from the account of such member of the Fund.

Withdrawal by pensionable employees

54C. (1) Subject to section 56, the Board may authorize a member of the Fund who is a pensionable employee and who has not attained the age of fifty-five years and is still employed with the Government of Malaysia, any State Government or any statutory or local authority to withdraw all sums of money standing to his credit upon such terms and conditions as may be prescribed by the Board.

Employees Provident Fund 71

Pensions Act 1980 [Act 239].

(3)

(Deleted by Act A1504).

(4)

For the purpose of subsection (2), “part of the sums of money standing to his credit” means the amount of money standing to the credit of the member of the Fund up to the date when the written notification of the member’s retirement received by the Board under section 56 comes into effect.

55. (Deleted by Act A1300).

Withdrawal from the Fund for a member of the Fund who has attained the age of fifty-five years

55A. (1) The Board may authorize a member of the Fund who has attained the age of fifty-five years to withdraw all sums or part of the amount standing to his credit, subject to any terms and conditions as may be prescribed by the Board.

(2)

Subsection 54(6) shall not be applicable to a member of the

Fund who has attained the age of fifty-five years.

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Contribution to and withdrawal from the Fund for a member of the Fund who has attained the age of sixty years

55B. (1)

Notwithstanding section 55A, any contribution that has been credited into the account of a member of the Fund after the member has attained the age of fifty-five years may only be withdrawn when the member attains the age of sixty years or such other age as may be prescribed by the Minister by order published in the Gazette, whichever is higher.

(2)

The Board may authorize a member of the Fund who has attained the age of sixty years or such other age as may be prescribed under subsection (1), whichever is higher, to withdraw all sums or part of the amount standing to his credit subject to any terms and conditions as may be prescribed by the Board.

(3)

This section shall not apply to a member of the Fund who has attained the age of fifty-five years who falls within the category of the member of the Fund under paragraph 54(1)(c) or (e)

or paragraph 70C(1)(b) or (c).

Release of employer’s contributions

56. (1) The Board, after receiving a notification in writing from an employer of a pensionable employee stating that the pensionable employee has died in service or is about to retire on the ground of attaining the retirement age applicable to the pensionable employee or on any other ground and requesting for the return of the equivalent of the employer’s contributions remitted to the Fund in respect of the pensionable employee by the Government of Malaysia or of a State or any statutory or local authority or from all such employers of the pensionable employee, together with any dividend credited thereon, may pay to the Pensions Trust Fund established under section 3 of the

Pensions Trust Fund Act 1991 [Act 454], such amount together with dividend credited thereon and thereupon the amount standing to the credit of the pensionable employee in the Fund shall be the reduced amount as from that date.

(2)

Notwithstanding subsection (1), when the Board has authorized a member of the Fund to make a withdrawal under

Employees Provident Fund 73

subsections 54C(1) and (2), the Board may pay an amount of money equivalent to the contributions remitted to the Fund by the member’s employer in respect of that member to the Pensions

Trust Fund established under section 3 of the Pensions Trust Fund

Act 1991.

Payment for withdrawal

57. Unless otherwise provided to the contrary, payment in respect of any withdrawal authorized by the Board under this Act shall be in the manner as may be determined by the Board from time to time.

Limitation for a member of the Fund to dispute the accuracy of amount withdrawn or the validity of a withdrawal made

57A. (1) Any dispute by any person or member of the Fund pertaining to the accuracy of the amount of withdrawal allowed by the

Board under this Act, shall be made within twelve months from the date of withdrawal.

(2)

For the purpose of subsection (1), “the date of withdrawal”

shall be the date of withdrawal provided under section 54B.

(3)

Any dispute by any person or member of the Fund pertaining to any withdrawal allowed by the Board under this Act, shall be made within six years from the date the notification of such withdrawal is served on such person or member of the Fund.

(4)

The dispute under subsections (1) and (3) shall be made by a written notification to the Board and where there is no notification made within such period, such payment or withdrawal shall be deemed to be correct and in order.

Payment of additional amount

58. (1) Where authority for withdrawal under paragraph 54(1)(a) is granted, the Board has a discretion to pay an additional amount as set

74 Laws of Malaysia out in the Fifth Schedule subject to any terms and conditions prescribed by the Board.

(2)

Where authority for withdrawal under paragraph 54(1)(c)

has been granted, the Board has a discretion to pay an additional amount as set out in the Sixth Schedule subject to any terms and conditions prescribed by the Board.

Amount withdrawn not to be utilized for other purpose

58A. (1) An amount withdrawn by any member of the Fund under this Act shall be utilized solely for the purpose for which the withdrawal was authorized.

(2)

Where all of the amount withdrawn under this Act or any part of the amount is not utilized for the purpose for which such withdrawal was authorized, the member of the Fund shall return all the amount or the part which is not utilized to the Board within six months from the date of withdrawal.

(3)

For the purpose of subsection (2), “date of withdrawal”

means the date of withdrawal as provided in section 54B.

(4)

Any member of the Fund who contravenes subsections (1) and

Employees Provident Fund 75

TAKING UP OF INSURANCE POLICY BY

MEMBER OF THE FUND

Taking up of insurance policy

58B. (1) The Board may authorize an application of a member of the Fund to utilize any amount standing to the credit of such member of the Fund for the purpose of taking up an insurance policy as may be determined by the Board from an insurance company approved by the Minister subject to any terms and conditions as the Board thinks appropriate.

PART VII

OFFENCES AND PROCEEDINGS

Incorrect declaration, failure to furnish return or furnishing false documents

59. (1) Any person or member of the Fund who—

(a)

makes, orally or in writing, or signs any declaration, return, certificate or other document required by this Act or any regulations or rules thereunder which is untrue or incorrect in any particulars; or

(b)

fails or refuses to furnish or produce any declaration, return, certificate or other document required by this Act or any regulations or rules thereunder to be furnished or produced; or

76 Laws of Malaysia

(c)

uses or furnishes any documents, required under this Act or any regulations or rules thereunder, which are false, commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand ringgit or to both.

(2)

Any person or member of the Fund who is convicted of an offence under subsection (1) in relation to withdrawal made under this

Act shall, within six months from the conviction date, return all the amount withdrawn.

(3)

Where any person or member of the Fund returns all the amount withdrawn within the period prescribed under subsection (2), such person or member of the Fund is allowed to make further withdrawal for the same purpose after two years from the date the amount is returned.

(4)

The period of two years referred to in subsection (3) is not applicable for the purpose of any withdrawal under subsection 54(1)

or section 55A.

(6)

Subsection (5) is not applicable for the purpose of any withdrawal under subsection 54(1) or section 55A.

Employees Provident Fund 77

Court order

59A. Where any person is found guilty of an offence under paragraph 59(1)(b), the court before which such person is found guilty shall order such person to furnish or produce any declaration, return, certificate or other document required by this

Act or any regulations or rules thereunder to be furnished or produced.

General penalty

60. Any person who contravenes any provision of this Act or any regulations or rules made thereunder shall be guilty of an offence and if no special penalty is expressly provided in this Act or the regulations or rules made thereunder shall, on conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand ringgit or to both.

Attempts, preparations, abetments and conspiracies punishable as offences

61. Any person who—

(a)

attempts to commit any offence under this Act;

(c)

abets or is engaged in a criminal conspiracy to commit (as those terms are defined in the Penal Code [Act 574]) any offence under this Act, whether or not the offence is committed in consequence thereof, shall be guilty of such offence and shall be liable to the penalty provided for such offence.

78 Laws of Malaysia

One trial for any number of offences

62. Notwithstanding the provisions of any written law to the contrary, an employer may be charged with and tried at one trial for any number of offences under subsection 43(2) and such offences shall, for the purpose of the law for the time being in force relating to criminal procedure, be deemed to form the same transaction.

Court order

63. (1) Notwithstanding the provision of any other written law, where an employer is found guilty of an offence under subsection 43(2) or 48(3), the Court before which the employer is found guilty shall order such employer to pay to the Fund any amount of contributions, together with any dividend credited thereon, due and payable to the Board and certified by an officer authorized by the Board to be due from such employer, prior to the date of such finding of guilt.

(2)

Where an employer is found guilty of an offence under subsection 45(3), the Court before which the employer is found guilty shall order such employer to pay to the Fund any amount of dividend thereon due and payable to the Board and certified by an officer authorized by the Board to be due from such employer.

(3)

A court order issued under subsection (1), (1A) or (2) or both shall be paid by the employer in a single payment at the date the order was issued except if the Court is satisfied that the employer has no capability in terms of financial and on special reasons the offence was committed, the Court may order the arrears of contributions to be paid in not more than six monthly instalments from the date of the order.

Employees Provident Fund 79

(4)

Where an employer fails to comply with any order made under subsection (1A) or (3), the Court shall, on the application by the Board, issue a warrant to levy the employer’s property for the whole amount of the arrears in the following manner:

(a)

by way of distress and sale of the employer’s property in accordance with the same procedure of execution under the Subordinate Courts Rules 1980 [P.U. (A) 328/1980]

and this execution shall apply mutatis mutandis notwithstanding the amount in the order for the arrears of contribution or dividend or both; or

of the Criminal Procedure Code [Act 593].

Certificate of authorized officer of the Board to be evidence

64. In any legal proceedings, a certificate in relation to a claim on contributions payable and duly certified by an authorized officer of the Board shall be prima facie evidence of such certificate having been made and of the truth of the contents thereof.

Civil proceedings to recover contributions

65. (1) Notwithstanding the provisions of any other written law all contributions payable under this Act may, without prejudice to any other remedy, be recoverable by the Board summarily as a civil debt.

(2)

Proceedings for the summary recovery as civil debts of contributions may be instituted by any officer authorized in that behalf by special or general directions of the Chairman and any such officer may conduct such proceedings.

NOTE—The Subordinate Courts Rules 1980 [P.U. (A) 328/1980] has since been repealed by the Rules of Courts 2012 [P.U. (A) 205/2012] which comes into operation on 1 August 2012.

80 Laws of Malaysia

(3)

In this section the word “contribution” shall be deemed to include any dividend and late payment charges due on any contributions.

Protection of contributions in execution proceeding or sale under security

66. (1) If, at any time before the date of the commencement of a winding up in the case of a company or before the making of a receiving order in the case of a debtor in bankruptcy—

(a)

an attachment has been issued against the property of an employer in execution of a decree against him and any such property has been seized or sold or otherwise realized in pursuance of such execution; or

(b)

the property of an employer has been sold, on the application of a secured creditor, then the proceeds of the sale or other realization of such property shall not be distributed to any person entitled thereto until the court ordering the sale or other realization, has made provision for the payment of any amounts due in respect of contributions payable by the employer under this Act.

(2)

In this section the word “contribution” shall be deemed to include any dividend and late payment charges due on any contributions.

Conduct of civil proceedings

67. Notwithstanding the provisions of any written law, but without prejudice to section 65, in any civil proceedings by or against the

Board—

(a)

any person holding the appointment of a Federal Counsel and authorized by the Attorney General for the purpose;

or

Employees Provident Fund 81

(b)

any legal officer of the Board authorized in that behalf by the Chairman, may, on behalf of the Board, institute, appear in and conduct such proceedings and may make and do all appearances, acts and applications in respect of such proceedings.

68. (Deleted by Act A1080).

Offences by body corporate

69. Where an offence under this Act or any regulations or rules made thereunder has been committed by a body corporate, firm, society or other body of persons, any person who at the time of the commission of the offence was a director, manager, secretary or other similar officer or a partner of the body corporate, firm, society or other body of persons or was purporting to act in such capacity shall, as well as such body corporate, firm, society or other body of persons, be deemed to be guilty of that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.

Public Authorities Protection Act 1948

69A. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the Board, a member of the Board, a member of the Investment Panel, a member of a committee established by the Board, and any officer and servant of the Board in respect of any act, neglect or default done or committed by it or him, or any omission by it or him, in good faith in such capacity.

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Members of the Board, Investment Panel and officers deemed as public servants

70. Every member of the Board, the Investment Panel, officer and servant of the Board shall be deemed to be a public servant within the meaning of the Penal Code.

MEMBER OF THE FUND WHO IS NOT A

MALAYSIAN CITIZEN

Application

70A. This Part shall apply to each member of the Fund who is not a

Malaysian citizen who elects to contribute on or after 1 August 1998.

70B. (Deleted by Act A1190).

Withdrawal from the Fund

70c. (1) The Board may authorize the withdrawal of all amount standing to the credit of a member of the Fund who is not a Malaysian citizen upon any terms and conditions as may be prescribed by the

Board if the Board is satisfied that—

(a)

the member of the Fund has died;

(b)

the member of the Fund is physically or mentally incapacitated from engaging in an employment;

(c)

the member of the Fund is about to leave Malaysia and has no intention of returning to Malaysia; or

(d)

the member of the Fund has attained the age of fifty-five years.

Employees Provident Fund 83

(2)

Where a member of the Fund who is not a Malaysian citizen has made a withdrawal of all amount standing to his credit under paragraph (1)(d), the member of the Fund shall not be treated as an employee under this Act unless he has given to the Board and his employer a notice as may be prescribed by the Board of his intention to contribute to the Fund.

Nomination

70D. A member of the Fund who is not a Malaysian citizen is not authorized to make any nomination under this Act.

Other provisions continue to apply

70E. In addition to and not in derogation of the provisions under this Part, all other provisions under this Act except for sections 29A,

44A, 53A, 53B, 54 (other than subsection (6)), 55A (other than subsection (2)), 58 and 58B shall apply to a member of the Fund who is not a Malaysian citizen.

Credit return

70F. Notwithstanding section 70C, the Board may, in such manner as the Board may prescribe, return to a member of the Fund who is not a

Malaysian citizen and who was liable to contribute during the period which commenced on 1 August 1998 and ended on 1 August 2001, all the amount standing to the credit of such member.

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Cessation of liability to contribute

70G. (1) The liability to contribute of an employee who is not a Malaysian citizen and his employer shall cease on the last two months—

(a)

before the expiry of such employee’s work permit; or

(b)

before the expiry of any extension of such employee’s work permit.

“work permit” means permit issued under the provisions of any written law relating to immigration.

Cessation of dividend payments and transfer to Registrar of

Unclaimed Money

70H.

Notwithstanding subsection 50(2B) and section 51, no dividend shall be credited into the account of a member of the Fund who is not a Malaysian citizen if no contribution has been credited into his account after a period of three years from the date of the last contribution was credited, and the Board may transfer all sums of money standing to his account to the Registrar of Unclaimed Money after the expiration of such period.

PART VIII

POWER TO MAKE REGULATIONS AND RULES

Powers of Minister to make regulations

71. The Minister may, on the recommendation of the Board, make regulations—

Employees Provident Fund 85

Gazette, standing to the credit of a deceased member in the

Fund may be paid out by the Board without production of any evidence that any estate duty due on the estate of the deceased member has been paid;

National Archives before such destruction;

Part IIIA including matters in respect of the appointment, management, administration, duties, terms and conditions

86 Laws of Malaysia of fund management institutions or other approved institutions;

Part

VIA, including the appointment, management, administration, duties, terms and conditions of the insurance companies;

Board for the purpose of carrying out the provisions of this

Act;

Powers of Minister to require other person to contribute and declare any payment or remuneration as wages

72. Notwithstanding anything in this Act or any other written law, the

Minister may by notification in the Gazette—

(a)

require any person who derives income from any trade, business or profession, or from any other source as he may prescribe, to contribute to the Fund;

(b)

declare any type of payment or remuneration paid or payable by any employer to his employee under a contract of service or apprenticeship, as wages, if the

Minister is satisfied that, having regard to the nature or purpose of such payment or remuneration or any other relevant fact, it ought in the circumstances to be treated as wages for the purposes of this Act; or

(c)

declare any person or class of persons employed, engaged or contracted with to carry out work in any occupation in

Employees Provident Fund 87

any agricultural or industrial undertaking, constructional work, trade, business or place of work as an employee or employees and the person who employs, involves or contracts with each of the person or class of persons above-mentioned, shall be deemed to be an employer and such employer and employee shall be deemed to have made a contract of service with each other and the

Minister may determine any payment received by the person above-mentioned to be wages for the purpose of this Act, and thereafter this Act shall apply to such person, employer or employee, as the case may be, subject to any modification as the

Minister may prescribe.

Powers of the Board to make rules

73. The Board may, in addition to the other duties imposed and powers conferred upon it under this Act, make rules—

Act or any part thereof, omitted to be paid;

88 Laws of Malaysia according to Shariah under section 43A and the management of such accounts;

Fund;

(m)

(ii)

the disciplinary rules made by the Board under this

Act may include provisions for the interdiction with reduction in salary or in other remuneration, or

Employees Provident Fund 89

provisions for the suspension without salary or other remuneration, of an officer or servant of the Board during the pendency of disciplinary proceedings;

(n)

to prescribe for anything which relates to investment under

Part IIIA including the procedures for investment;

Powers of Minister to amend the Schedules

74. The Minister may, by order notified in the Gazette, amend, add to or vary any of the Schedules to this Act.

90 Laws of Malaysia

PART IX

REPEAL AND TRANSITIONAL PROVISIONS

Repeal of the Employees Provident Fund Act 1951

75. On the appointed day—

(a)

the Employees Provident Fund Act 1951 [Act 272] (in this Part referred to as “the repealed Act”) shall cease to have effect;

(b)

the Employees Provident Fund Board (in this Part referred to as “the EPF Board”) being a body corporate established under the repealed Act shall likewise cease to exist:

Provided that the members of the EPF Board who immediately before the appointed day were appointed as members of the EPF Board shall on that day be members of the Board and shall be subject to all the provisions of this Act relating to such members and shall be deemed to have been appointed under this Act.

Continuance of laws, etc.

76. (1) Subject to the provisions of this Act, all written laws, orders, regulations and rules affecting or for the protection of the EPF Board and in force immediately before the appointed day shall, until amended or revoked by the authority having power so to do, continue in force on and after the appointed day and be construed as if this Act has not been passed:

Provided that any references therein to the EPF Board unless the context otherwise requires shall be construed as references to the

Board, and expressions importing such a reference shall be construed accordingly.

(2)

All orders, directions, appointments, notifications, regulations and rules made under the provisions of the repealed Act and in force

Employees Provident Fund 91

immediately before the appointed day shall, insofar as they are not inconsistent with the provisions of this Act, be deemed to have been made under this Act and shall continue in force until other provisions shall be made under this Act or until the date upon which they expire.

Transfer of powers, rights, liabilities and duties

77. Subject to the provisions of this Act, all powers, rights, privileges, duties, liabilities or obligations which immediately before the appointed day were those of the EPF Board shall as from that day devolve on the Board.

Transfer of property

78. (1) Subject to the provisions of this Act, all lands immediately before the appointed day vested in the EPF Board shall, on that day, vest in the Board.

(2)

Subject to the provisions of this Act and to any direction of the

Minister, all property and assets other than land which immediately before the appointed day were vested in the EPF Board or in any person on behalf of the EPF Board shall on that day vest in the Board.

Existing contracts

79. Subject to the provisions of this Act, all deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the appointed day and affecting any of the property transferred under section 78 shall be of full force and effect against or in favour of the Board and enforceable as fully and effectually as if, instead of the EPF Board, or any person acting on behalf of the EPF Board, the Board had been named therein or had been a party thereto.

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Continuance of criminal and civil proceedings

80. (1) Subject to the provisions of this Act, neither the repeal of the repealed Act nor anything contained in this Act shall affect any person’s liability to be prosecuted or punished for offences committed under the repealed Act before the appointed day, or any proceedings brought or sentence imposed before that day in respect of such offence.

(2)

Subject to the provisions of this Act, any proceedings

(whether civil or criminal) or cause of action pending or existing immediately before the appointed day by or against the EPF Board or any person acting on behalf of the EPF Board may be continued or instituted by or against the Board as it might have been by or against the EPF Board or such person as if this Act had not been passed.

(3)

Any appeal brought or any leave to appeal applied on or after the appointed day against a decision given in any legal proceedings before that day may be brought by or against the

Board as it might have been brought by or against the EPF Board as if this Act had not been passed.

Transfer of Fund

81. Subject to the provisions of this Act, all moneys standing in, and due to be paid to, the Fund set up under section 4 of the repealed Act shall on the appointed day be transferred to the Fund.

Continuance of officers and servants

82. Every person who immediately before the appointed day was employed as an officer or servant of the EPF Board shall on that day be deemed to be employed as such officer or servant, as the case may be, of the Board upon the same terms and conditions of service as those obtaining immediately before the appointed day.

Employees Provident Fund 93

Pending disciplinary proceedings

83. All disciplinary proceedings which, immediately before the appointed day, were pending against any officer or servant of the EPF Board on or after that date, may be continued against the officer or servant by the appropriate authority of the Board established by this Act.

Transfer of member of the Fund

84. Every employee who immediately before the appointed day was a member of the Fund set up under section 4 of the repealed Act shall on that date be a member of the Fund and subject to all the provisions of this Act relating to the member of the Fund.

Transfer of registration of employers

85. Every employer registered under the provisions of the repealed Act or the rules made thereunder shall be deemed to have been registered under this

Act.

Prevention of anomalies

86. (1) If any difficulty arises with respect to the foregoing transitional provisions of this Act the Minister may, by order, make such modifications in those provisions as may appear to him necessary for preventing anomalies:

Provided that the Minister shall not exercise the powers conferred by this section after the expiration of two years from the appointed day.

(2)

In this section, “modifications” includes amendments, additions, deletions, substitutions, adaptations, variations, alterations and non-application of any provision of this Part.

_____________________________________________________________

*NOTE—see paragraph 3 of the Employees Provident Fund (Modification to the

Purposes for Withdrawal under Subsection 54(6)) Order 2022 [P.U.(A) 151/2022]

which comes into operation on 1 July 2022 which provides the following provision:

94 Laws of Malaysia

Savings

3. (1) Any notice of withdrawal made in relation to paragraph 54(6)(k), (l), (m) or

April 2022, respectively, which is pending before the date of coming into operation of this Order shall, on the date of coming into operation of this Order, be dealt with in accordance with the provisions of the Act as if the Act had not been modified by this Order.

Order, continue in full force and effect in relation to the member of the Fund to whom the authorization, direction, decision or other executive acts applied until amended, repealed, rescinded, revoked or replaced.

[P.U. (A) 409/2001] shall, on the date of coming into operation of this Order, continue in full force and effect as if the Act had not been modified by this Order.

FIRST SCHEDULE

[Section 2]

PERSONS WHO ARE NOT EMPLOYEES

(1)

All nomadic aborigines unless in any particular case the Director General for Orang Asli Affairs otherwise recommends.

(2)

Domestic servants as defined in section 3 of the Workmen’s Compensation

Act 1952 [Act 273], except when employed—

Employees Provident Fund 95

Trades Licensing Ordinance of Sabah [Sabah Cap. 144], the

Businesses, Professions and Trades Licensing Ordinance of

Sarawak [Sarawak Cap. 33] or the Businesses Names Ordinance of Sarawak [Sarawak Cap. 64], as the case may be; or

(3)

Domestic servants as defined aforesaid (other than those excepted under paragraph (2)) who have not, in respect of any employment in which they are then engaged, given to the Board and their employers one month’s notice in the prescribed form of their intention to be members of the Fund.

(4)

Outworkers as defined in section 3 of the Workmen’s Compensation Act 1952, except when employed by any employer specified in the Second Schedule.

(5)

Any person detained in any prison, Henry Gurney School, approved school, place of detention, mental hospital, rehabilitation centre having the same meaning in the Drug Dependants (Treatment and Rehabilitation) Act 1983 [Act 283], or leper settlement.

(6)

Any person who is employed and whose country of domicile is outside

Malaysia and who enters and remains temporarily under the authority of any pass issued under the provisions of any written law relating to immigration and who has not given to the Board and his employer one month’s notice in the prescribed form of his intention to be a member of the Fund.

(7)

Any person who is employed and whose country of domicile is outside

Malaysia and who is in accordance with his terms and conditions of service participates in a provident fund or other similar scheme established or administered outside Malaysia.

(8)

Any person who is employed and whose country of domicile is outside

Malaysia and who has obtained prior written approval from the Board to participate in accordance with his terms and conditions of service in a provident fund or other scheme established or administered in Malaysia.

(9)

Any person who is a Member of the Administration as defined under

Article 160 of the Federal Constitution.

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SECOND SCHEDULE

[Section 2]

DEFINITION OF “EMPLOYER”

(1)

Public Utilities Board of Singapore.

(2)

Any Embassy, High Commission, Consulate or any other government and any other such office or department as the Minister may, from time to time by notification in the Gazette, specify for the purposes of this paragraph (in relation to employment in Malaysia in a civil capacity, under a contract of service or under any arrangement entered into in Malaysia or in the Republic of Singapore, not being employment in any established capacity conferring benefits under any law relating to superannuation or pensions).

THIRD SCHEDULE

[Sections 43 and 44A]

RATE OF MONTHLY CONTRIBUTIONS

PART A

1.

The rate of monthly contributions specified in this Part shall apply to the following employees until the employees attain the age of sixty years:

By the

Employer

By the

Employee

Total

Contribution

From 0.01

to 10.00

From 10.01

to 20.00 3.00 3.00 6.00

From 20.01

to 40.00 6.00 5.00 11.00

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By the

Employer

By the

Employee

Total

Contribution

From 40.01

to 60.00 8.00 7.00 15.00

From 60.01

to 80.00 11.00 9.00 20.00

From 80.01

to 100.00 13.00 11.00 24.00

From 100.01

to 120.00 16.00 14.00 30.00

From 120.01

to 140.00 19.00 16.00 35.00

From 140.01

to 160.00 21.00 18.00 39.00

From 160.01

to 180.00 24.00 20.00 44.00

From 180.01

to 200.00 26.00 22.00 48.00

From 200.01

to 220.00 29.00 25.00 54.00

From 220.01

to 240.00 32.00 27.00 59.00

From 240.01

to 260.00 34.00 29.00 63.00

From 260.01

to 280.00 37.00 31.00 68.00

From 280.01

to 300.00 39.00 33.00 72.00

From 300.01

to 320.00 42.00 36.00 78.00

From 320.01

to 340.00 45.00 38.00 83.00

From 340.01

to 360.00 47.00 40.00 87.00

From 360.01

to 380.00 50.00 42.00 92.00

From 380.01

to 400.00 52.00 44.00 96.00

From 400.01

to 420.00 55.00 47.00 102.00

From 420.01

to 440.00 58.00 49.00 107.00

From 440.01

to 460.00 60.00 51.00 111.00

From 460.01

to 480.00 63.00 53.00 116.00

From 480.01

to 500.00 65.00 55.00 120.00

From 500.01

to 520.00 68.00 58.00 126.00

98 Laws of Malaysia

By the

Employer

By the

Employee

Total

Contribution

From 520.01

to 540.00 71.00 60.00 131.00

From 540.01

to 560.00 73.00 62.00 135.00

From 560.01

to 580.00 76.00 64.00 140.00

From 580.01

to 600.00 78.00 66.00 144.00

From 600.01

to 620.00 81.00 69.00 150.00

From 620.01

to 640.00 84.00 71.00 155.00

From 640.01

to 660.00 86.00 73.00 159.00

From 660.01

to 680.00 89.00 75.00 164.00

From 680.01

to 700.00 91.00 77.00 168.00

From 700.01

to 720.00 94.00 80.00 174.00

From 720.01

to 740.00 97.00 82.00 179.00

From 740.01

to 760.00 99.00 84.00 183.00

From 760.01

to 780.00 102.00 86.00 188.00

From 780.01

to 800.00 104.00 88.00 192.00

From 800.01

to 820.00 107.00 91.00 198.00

From 820.01

to 840.00 110.00 93.00 203.00

From 840.01

to 860.00 112.00 95.00 207.00

From 860.01

to 880.00 115.00 97.00 212.00

From 880.01

to 900.00 117.00 99.00 216.00

From 900.01

to 920.00 120.00 102.00 222.00

From 920.01

to 940.00 123.00 104.00 227.00

From 940.01

to 960.00 125.00 106.00 231.00

From 960.01

to 980.00 128.00 108.00 236.00

From 980.01

to 1,000.00 130.00 110.00 240.00

Employees Provident Fund 99

By the

Employer

By the

Employee

Total

Contribution

From 1,000.01

to 1,020.00 133.00 113.00 246.00

From 1,020.01

to 1,040.00 136.00 115.00 251.00

From 1,040.01

to 1,060.00 138.00 117.00 255.00

From 1,060.01

to 1,080.00 141.00 119.00 260.00

From 1,080.01

to 1,100.00 143.00 121.00 264.00

From 1,100.01

to 1,120.00 146.00 124.00 270.00

From 1,120.01

to 1,140.00 149.00 126.00 275.00

From 1,140.01

to 1,160.00 151.00 128.00 279.00

From 1,160.01

to 1,180.00 154.00 130.00 284.00

From 1,180.01

to 1,200.00 156.00 132.00 288.00

From 1,200.01

to 1,220.00 159.00 135.00 294.00

From 1,220.01

to 1,240.00 162.00 137.00 299.00

From 1,240.01

to 1,260.00 164.00 139.00 303.00

From 1,260.01

to 1,280.00 167.00 141.00 308.00

From 1,280.01

to 1,300.00 169.00 143.00 312.00

From 1,300.01

to 1,320.00 172.00 146.00 318.00

From 1,320.01

to 1,340.00 175.00 148.00 323.00

From 1,340.01

to 1,360.00 177.00 150.00 327.00

From 1,360.01

to 1,380.00 180.00 152.00 332.00

From 1,380.01

to 1,400.00 182.00 154.00 336.00

From 1,400.01

to 1,420.00 185.00 157.00 342.00

From 1,420.01

to 1,440.00 188.00 159.00 347.00

From 1,440.01

to 1,460.00 190.00 161.00 351.00

From 1,460.01

to 1,480.00 193.00 163.00 356.00

100 Laws of Malaysia

By the

Employer

By the

Employee

Total

Contribution

From 1,480.01

to 1,500.00 195.00 165.00 360.00

From 1,500.01

to 1,520.00 198.00 168.00 366.00

From 1,520.01

to 1,540.00 201.00 170.00 371.00

From 1,540.01

to 1,560.00 203.00 172.00 375.00

From 1,560.01

to 1,580.00 206.00 174.00 380.00

From 1,580.01

to 1,600.00 208.00 176.00 384.00

From 1,600.01

to 1,620.00 211.00 179.00 390.00

From 1,620.01

to 1,640.00 214.00 181.00 395.00

From 1,640.01

to 1,660.00 216.00 183.00 399.00

From 1,660.01

to 1,680.00 219.00 185.00 404.00

From 1,680.01

to 1,700.00 221.00 187.00 408.00

From 1,700.01

to 1,720.00 224.00 190.00 414.00

From 1,720.01

to 1,740.00 227.00 192.00 419.00

From 1,740.01

to 1,760.00 229.00 194.00 423.00

From 1,760.01

to 1,780.00 232.00 196.00 428.00

From 1,780.01

to 1,800.00 234.00 198.00 432.00

From 1,800.01

to 1,820.00 237.00 201.00 438.00

From 1,820.01

to 1,840.00 240.00 203.00 443.00

From 1,840.01

to 1,860.00 242.00 205.00 447.00

From 1,860.01

to 1,880.00 245.00 207.00 452.00

From 1,880.01

to 1,900.00 247.00 209.00 456.00

From 1,900.01

to 1,920.00 250.00 212.00 462.00

From 1,920.01

to 1,940.00 253.00 214.00 467.00

From 1,940.01

to 1,960.00 255.00 216.00 471.00

Employees Provident Fund 101

By the

Employer

By the

Employee

Total

Contribution

From 1,960.01

to 1,980.00 258.00 218.00 476.00

From 1,980.01

to 2,000.00 260.00 220.00 480.00

From 2,000.01

to 2,020.00 263.00 223.00 486.00

From 2,020.01

to 2,040.00 266.00 225.00 491.00

From 2,040.01

to 2,060.00 268.00 227.00 495.00

From 2,060.01

to 2,080.00 271.00 229.00 500.00

From 2,080.01

to 2,100.00 273.00 231.00 504.00

From 2,100.01

to 2,120.00 276.00 234.00 510.00

From 2,120.01

to 2,140.00 279.00 236.00 515.00

From 2,140.01

to 2,160.00 281.00 238.00 519.00

From 2,160.01

to 2,180.00 284.00 240.00 524.00

From 2,180.01

to 2,200.00 286.00 242.00 528.00

From 2,200.01

to 2,220.00 289.00 245.00 534.00

From 2,220.01

to 2,240.00 292.00 247.00 539.00

From 2,240.01

to 2,260.00 294.00 249.00 543.00

From 2,260.01

to 2,280.00 297.00 251.00 548.00

From 2,280.01

to 2,300.00 299.00 253.00 552.00

From 2,300.01

to 2,320.00 302.00 256.00 558.00

From 2,320.01

to 2,340.00 305.00 258.00 563.00

From 2,340.01

to 2,360.00 307.00 260.00 567.00

From 2,360.01

to 2,380.00 310.00 262.00 572.00

From 2,380.01

to 2,400.00 312.00 264.00 576.00

From 2,400.01

to 2,420.00 315.00 267.00 582.00

From 2,420.01

to 2,440.00 318.00 269.00 587.00

102 Laws of Malaysia

By the

Employer

By the

Employee

Total

Contribution

From 2,440.01

to 2,460.00 320.00 271.00 591.00

From 2,460.01

to 2,480.00 323.00 273.00 596.00

From 2,480.01

to 2,500.00 325.00 275.00 600.00

From 2,500.01

to 2,520.00 328.00 278.00 606.00

From 2,520.01

to 2,540.00 331.00 280.00 611.00

From 2,540.01

to 2,560.00 333.00 282.00 615.00

From 2,560.01

to 2,580.00 336.00 284.00 620.00

From 2,580.01

to 2,600.00 338.00 286.00 624.00

From 2,600.01

to 2,620.00 341.00 289.00 630.00

From 2,620.01

to 2,640.00 344.00 291.00 635.00

From 2,640.01

to 2,660.00 346.00 293.00 639.00

From 2,660.01

to 2,680.00 349.00 295.00 644.00

From 2,680.01

to 2,700.00 351.00 297.00 648.00

From 2,700.01

to 2,720.00 354.00 300.00 654.00

From 2,720.01

to 2,740.00 357.00 302.00 659.00

From 2,740.01

to 2,760.00 359.00 304.00 663.00

From 2,760.01

to 2,780.00 362.00 306.00 668.00

From 2,780.01

to 2,800.00 364.00 308.00 672.00

From 2,800.01

to 2,820.00 367.00 311.00 678.00

From 2,820.01

to 2,840.00 370.00 313.00 683.00

From 2,840.01

to 2,860.00 372.00 315.00 687.00

From 2,860.01

to 2,880.00 375.00 317.00 692.00

From 2,880.01

to 2,900.00 377.00 319.00 696.00

From 2,900.01

to 2,920.00 380.00 322.00 702.00

Employees Provident Fund 103

By the

Employer

By the

Employee

Total

Contribution

From 2,920.01

to 2,940.00 383.00 324.00 707.00

From 2,940.01

to 2,960.00 385.00 326.00 711.00

From 2,960.01

to 2,980.00 388.00 328.00 716.00

From 2,980.01

to 3,000.00 390.00 330.00 720.00

From 3,000.01

to 3,020.00 393.00 333.00 726.00

From 3,020.01

to 3,040.00 396.00 335.00 731.00

From 3,040.01

to 3,060.00 398.00 337.00 735.00

From 3,060.01

to 3,080.00 401.00 339.00 740.00

From 3,080.01

to 3,100.00 403.00 341.00 744.00

From 3,100.01

to 3,120.00 406.00 344.00 750.00

From 3,120.01

to 3,140.00 409.00 346.00 755.00

From 3,140.01

to 3,160.00 411.00 348.00 759.00

From 3,160.01

to 3,180.00 414.00 350.00 764.00

From 3,180.01

to 3,200.00 416.00 352.00 768.00

From 3,200.01

to 3,220.00 419.00 355.00 774.00

From 3,220.01

to 3,240.00 422.00 357.00 779.00

From 3,240.01

to 3,260.00 424.00 359.00 783.00

From 3,260.01

to 3,280.00 427.00 361.00 788.00

From 3,280.01

to 3,300.00 429.00 363.00 792.00

From 3,300.01

to 3,320.00 432.00 366.00 798.00

From 3,320.01

to 3,340.00 435.00 368.00 803.00

From 3,340.01

to 3,360.00 437.00 370.00 807.00

From 3,360.01

to 3,380.00 440.00 372.00 812.00

From 3,380.01

to 3,400.00 442.00 374.00 816.00

104 Laws of Malaysia

By the

Employer

By the

Employee

Total

Contribution

From 3,400.01

to 3,420.00 445.00 377.00 822.00

From 3,420.01

to 3,440.00 448.00 379.00 827.00

From 3,440.01

to 3,460.00 450.00 381.00 831.00

From 3,460.01

to 3,480.00 453.00 383.00 836.00

From 3,480.01

to 3,500.00 455.00 385.00 840.00

From 3,500.01

to 3,520.00 458.00 388.00 846.00

From 3,520.01

to 3,540.00 461.00 390.00 851.00

From 3,540.01

to 3,560.00 463.00 392.00 855.00

From 3,560.01

to 3,580.00 466.00 394.00 860.00

From 3,580.01

to 3,600.00 468.00 396.00 864.00

From 3,600.01

to 3,620.00 471.00 399.00 870.00

From 3,620.01

to 3,640.00 474.00 401.00 875.00

From 3,640.01

to 3,660.00 476.00 403.00 879.00

From 3,660.01

to 3,680.00 479.00 405.00 884.00

From 3,680.01

to 3,700.00 481.00 407.00 888.00

From 3,700.01

to 3,720.00 484.00 410.00 894.00

From 3,720.01

to 3,740.00 487.00 412.00 899.00

From 3,740.01

to 3,760.00 489.00 414.00 903.00

From 3,760.01

to 3,780.00 492.00 416.00 908.00

From 3,780.01

to 3,800.00 494.00 418.00 912.00

From 3,800.01

to 3,820.00 497.00 421.00 918.00

From 3,820.01

to 3,840.00 500.00 423.00 923.00

From 3,840.01

to 3,860.00 502.00 425.00 927.00

From 3,860.01

to 3,880.00 505.00 427.00 932.00

Employees Provident Fund 105

By the

Employer

By the

Employee

Total

Contribution

From 3,880.01

to 3,900.00 507.00 429.00 936.00

From 3,900.01

to 3,920.00 510.00 432.00 942.00

From 3,920.01

to 3,940.00 513.00 434.00 947.00

From 3,940.01

to 3,960.00 515.00 436.00 951.00

From 3,960.01

to 3,980.00 518.00 438.00 956.00

From 3,980.01

to 4,000.00 520.00 440.00 960.00

From 4,000.01

to 4,020.00 523.00 443.00 966.00

From 4,020.01

to 4,040.00 526.00 445.00 971.00

From 4,040.01

to 4,060.00 528.00 447.00 975.00

From 4,060.01

to 4,080.00 531.00 449.00 980.00

From 4,080.01

to 4,100.00 533.00 451.00 984.00

From 4,100.01

to 4,120.00 536.00 454.00 990.00

From 4,120.01

to 4,140.00 539.00 456.00 995.00

From 4,140.01

to 4,160.00 541.00 458.00 999.00

From 4,160.01

to 4,180.00 544.00 460.00 1,004.00

From 4,180.01

to 4,200.00 546.00 462.00 1,008.00

From 4,200.01

to 4,220.00 549.00 465.00 1,014.00

From 4,220.01

to 4,240.00 552.00 467.00 1,019.00

From 4,240.01

to 4,260.00 554.00 469.00 1,023.00

From 4,260.01

to 4,280.00 557.00 471.00 1,028.00

From 4,280.01

to 4,300.00 559.00 473.00 1,032.00

From 4,300.01

to 4,320.00 562.00 476.00 1,038.00

From 4,320.01

to 4,340.00 565.00 478.00 1,043.00

From 4,340.01

to 4,360.00 567.00 480.00 1,047.00

106 Laws of Malaysia

By the

Employer

By the

Employee

Total

Contribution

From 4,360.01

to 4,380.00 570.00 482.00 1,052.00

From 4,380.01

to 4,400.00 572.00 484.00 1,056.00

From 4,400.01

to 4,420.00 575.00 487.00 1,062.00

From 4,420.01

to 4,440.00 578.00 489.00 1,067.00

From 4,440.01

to 4,460.00 580.00 491.00 1,071.00

From 4,460.01

to 4,480.00 583.00 493.00 1,076.00

From 4,480.01

to 4,500.00 585.00 495.00 1,080.00

From 4,500.01

to 4,520.00 588.00 498.00 1,086.00

From 4,520.01

to 4,540.00 591.00 500.00 1,091.00

From 4,540.01

to 4,560.00 593.00 502.00 1,095.00

From 4,560.01

to 4,580.00 596.00 504.00 1,100.00

From 4,580.01

to 4,600.00 598.00 506.00 1,104.00

From 4,600.01

to 4,620.00 601.00 509.00 1,110.00

From 4,620.01

to 4,640.00 604.00 511.00 1,115.00

From 4,640.01

to 4,660.00 606.00 513.00 1,119.00

From 4,660.01

to 4,680.00 609.00 515.00 1,124.00