Ex-Gratia Work Disaster Scheme - Additional
If the work disaster occured more than six (6) years ago, can the application still be made?
Applications may be considered if the work disaster occurs after the effective date of the circular and it can be proven through documents such as police reports, medical reports and so on.
Can a retired officer submit an application for an accident that had occurred while he was still in service? How does he apply?
Yes, if the work disaster occurs after the effective date of the circular and it can be proven that the accident was indeed a work disaster. Applications must be submitted through the department at which date the disaster occurs.
Questions Related To Permanent Disability
Mr. Ahmad has suffered a road accident while performing official duties on December 2, 2001. As a result his leg was fitted with iron. Is he eligible to be compensated?
Mr Ahmad may submit an application through the department. He is entitled to be paid compensation if the Medical Board confirmed that he suffered a permanent disability.
Mr. Ali has suffered an occupational injury two (2) months ago and is undergoing physiotherapy at Putrajaya Hospital. When is the right time for him to submit an application?
Confirmation of permanent disability can only be made by the clinical findings of a patient whose health conditions is static and stable. Officers have to undergo prior treatment for a recommended period before submitting the application because during that period the injury may have a chance to heal.
Ex-Gratia Work Disaster Scheme
What is the Ex-Gratia Work Disaster Scheme for Public Civil Servants?
Ex-Gratia Work Disaster Scheme is a scheme which provides compensation to members of the Public Civil Service stricken by disasters while carrying out work that cause permanent disability or death, including those victimised because of retaliation as a result of the action taken in the course of official duties.
What is the purpose of this scheme established?
The scheme was established to safeguard the welfare of the Civil Service Personnel and their dependents should the worst happens while carrying out official duties as members of the Civil Service are excluded from contributing to the scheme established under the Worker Social Security Act, 1969.
What is meant by Work Disaster?
Work Disaster is a disaster suffered by an officer caused by an accident who while performing official duties or an occupational disease.
What is the official duties?
Duties related to the post of an officer, including attending courses approved by the Head of Department.
What is meant by place of work?
Place of work means any place as directed by the Department to carry out official duties.
Is the officer covered all the time by the Ex-Gratia Work Disaster Scheme?
No. An officer is covered within the following period of time:-
- while traveling to and from home to workplace;
- while traveling to and from the workplace to the residence at an approved meal time; and
- at all times while on official duty.
While performing official duties outside the office, is an officer covered by this scheme all the time?
This scheme covers the officer during the course of his official duties as long as the activities carried out when a disaster occurs is related to his official duties and not a private affair.
When does this scheme comes into force?
This scheme comes into force from October 20, 1994 through Treasury Circular. 13 of 1994 and improvements through Treasury Circular. 7 of 2001, effective January 1, 2001.
Who is covered under this scheme?
All members on permanent appointment, contract (contract of service) and temporary of the Federal Civil Service.
Is a non-citizen contract officer covered under this scheme?
No, because this scheme is only for Malaysian citizens only. Non-citizen contract officers are subject to the terms of their contract agreement.
What are the benefits of compensation available under this scheme?
Bulk Ex-Gratia Payment, Monthly Ex-Gratia, Permanent Care Allowance and Monthly Liability Ex-Gratia.
What is a Bulk Ex-Gratia?
Bulk Ex-Gratia is a lump sum payment.
Are the State Appointed Civil Service, Statutory Bodies and Local Authorities personnel covered under this scheme?
Personnel of State Appointed Civil Service, Federal Statutory Bodies / State and Local Authorities are covered by this scheme provided the scheme are adopted by the respective authorities.
How can the State Civil Service, Statutory Bodies and Local Authorities adopt this scheme?
By submitting to their Authority / Board of Directors respectively.
Can a Medical Panel be established at a hospital / private clinic?
No, the Medical Panel shall be established in Government hospitals.
Should Government officers contribute to this scheme?
If the officer has more than one wives, is it taken into account the journey from the house and his wives?
Yes. Provided that the marriage is registered.
Does an officer who has been given permission to leave early to his house from the normal working hours met an accident covered under this scheme?
If an officer with permission to attend private matters out of the office and then had an accident on the way there, is he covered by the scheme?
Does an officer that met a road accident on his way from a place that is not his house to workplace is eligible for payment under this scheme?
Officers are not eligible for payment under this scheme for the travel should start from his own house and not from elsewhere.
What are the conditions that qualifies an officer to make a claim?
Conditions that qualify an officer to submit the claim is that when he received injuries to the extent that of permanent disability or death while performing official duties.
How does an officer makes a claim?
An officer or his beneficiaries must complete Part 'A' i.e BTX form. This form can be obtained through the Treasury website (www.treasury.gov.my) in Guidelines for Ex-Gratia Payment Scheme for Public Servants under Treasury Circular No. 7 of 2001. Completed forms should be submitted to the Head of Department.
What action should be taken by the Head of Department upon receipt of application?
KThe Head of Department shall investigate and prepare a report on the disaster and complete Part 'B' of the application form. Next submit the form along with required documents to their respective Ministries.
What are the documents that must be accompanied by the Head of Department?
Copy of the list of work tasks, instructions to do work, time cards / work register, sketch of route indicating the location of a road accident (for accidents), police report, police investigation report, copy of statement of the officer and other relevant documents. All copies must be certified as a true copy.
Is an officer entitled if the accident occurred at home?
No. Accidents at home are not related to official duties.
Does an officer who met a road accident on the way from home to work, but the road is outside the usual route is eligible for payment under this scheme?
Travel from home to office and vice versa must go through the usual route with no diversion or stoppage of a personal nature. However, if there are more than one usual route, it may be considered subject to a reasonable travel distance from home to office and vice versa.
Is the officer entitled if the accident occurs outside of office hours and he was not performing official duties at that time?
Officers are not eligible to claim if the accident occurs outside of office hours and not on official duties.
What is the salary?
Salary under this scheme means the eligible basic salary that is received by the officer at the time.
What allowances are taken into account to calculate the payment?
Civil Service Permanent Remuneration, Permanent Entertainment Remuneration and Permanent Housing Remuneration.
What are the responsibilities of a recipient of payment under this scheme?
A recipient must inform Treasury or the Post Pension Division, the Civil Service Department if he becomes ineligible or any change and a change of address.
When is the payment date effective?
Payment becomes effective a day after death. In the case of permanent disability, payment is effective on the date the officer was struck by disaster.
Are officers or their beneficiaries who have receive retirement benefits under the pension law are eligible to receive payments under this scheme?
Yes. This scheme is a facility that is separate from the retirement benefits under the pension law.
Who can be contacted for clarification / additional information on this scheme?
Officers in Remuneration Policy Section , Remuneration Policy, Public Money and Management Services Division, Ministry of Finance.
Level 4, Block, Ministry of Finance Complex, Precinct 2, Federal Government Administrative Centre, 62592 PUTRAJAYA. Tel: 03-8882 3108/3366/4394, Fax: 03- 88824135
Questions Relating To Permanent Disability
What is a permanent disability?
Any loss of ability that is permanent and eliminates or reduces the ability of an employee to carry out work or daily activities that he can undertake before the accident that causes the disability.
What are the benefits entitled to an officer who suffers permanent disability (HUK)?
Depending on the level of HUK, the officer is eligible for a Bulk Ex-Gratia payment, Monthly Ex-Gratia and Permanent Care allowance.
Is an officer entitled to make a claim if the disability is not permanent?
An officer who has a temporary disability is not eligible to claim because it does not involve a loss of limb / use of body part.
In the event of permanent disability to parts of the body. Is the officer entitled for an Ex-Gratia payment based on the percentage level of permanent disability for both injuries?
An officers is entitled to payment based on the percentage level of permanent disability for both injuries and subject to a maximum of 100% permanent disability only.
Is an officer that is receiving payment for a certain level of permanent disability is eligible for an additional payment if the level of permanent disability has increased?
Not eligible. Setting of payment rates are based only on the level of permanent disability when the officer was involved in the disaster.
What are the benefits provided under the Ex-Gratia Work Disaster Scheme to an officer who suffers a permanent disability that does not exceed 20%?
Bulk Ex-Gratia compensation payment only.
What is a Monthly Ex-Gratia?
Monthly Ex-Gratia is payment made monthly.
What entitles an officer to a Monthly Ex-Gratia?
An officer is eligible for a Monthly Ex-Gratia if he suffers a permanent disability of more than 20%.
Will payment be stopped if an employee who is receiving a monthly payment under this scheme resigns?
No. Monthly payment under this scheme will continue throughout the life of an officer.
If the officer who is receiving a monthly Ex-Gratia payment dies, will that payment continue to the beneficiaries?
What is meant by Permanent Care Allowance?
A monthly payment to an officer who suffers 100% permanent disability and will always require others to care for him.
Questions Relating To Death
What are the benefits provided under the Ex-Gratia Work Disaster Scheme to the heirs of an officer who dies?
Monthly Ex-Gratia Payment to Dependants.
What is a Monthly Ex-Gratia to Dependants?
A monthly fee paid to the dependents of an officer who dies as a result of employment injury.
Who are the dependents as defined in this scheme?
For officers with families, dependents are the wife/husband and children while a single officer‘s dependent is his parent.
What are the documents that must be accompanied by the beneficiary to submit a claim for the death of an officer?
Police report, copy of death certificate, copy of officer’s birth certificate, copy of widow / widower / children / parents (as the case may be) identity card, copy of children birth certificate, copy of marriage certificate and copies of education documents for children aged 21 years and above.
Are the heirs entitled to claim if an officer is considered dead but his body was not found?
Beneficiaries are eligible to claim but payment will only be made after the date of the disaster and after the court has issued an order and the National Registration Department issued the death certificate. However, payment is effective from the date of the disaster.
How is the payment distributed to dependents?
Widow receives 3/5 and children 2/5 of the eligibility. If there is no widow / widower, children will receive a 3/5. If the officer was single his mother / father will receive 2/5.
How long will the widow receive payment under this scheme?
A widow will receive payment for life or until she remarries whichever is earlier.
Why is payment for a widow terminated if she remarries?
A widows receives payment under this scheme as she is the liability of the officer. If the widow remarries, then she is no longer a dependent of the officer. As such, she is not entitled to receive the liability payment.
How is the distribution of payment if there are more than one widow?
The part to the widow will shared equally to eligible widows.
What if one of the widow remarries?
Widows who remarry will be disqualified and the division is not redistributed. Widows who are still eligible get the existing parts.
What of a widower who is said to be the dependent of an officer?
Widower who rely solely or largely on the income of his wife.
How is a widower confirmed being dependent on the income of his wife?
Confirmation will be made based on the investigation and report by the Head of Department on household income and expenses of the deceased officer. Social Welfare Department will make a home visit and verifies the Head of Department information.
What is meant by children?
Biological children, stepchildren who are cared and live with the officer at the time of the disaster, illegitimate children, adopted children under any written law and posthumous children(children born after the officer’s death, provided the children was conceived when the officer is still alive and born within 280 days).
How long do children who are eligible will receive payment under this scheme?
Children are eligible to receive payments under this scheme until the age of 21 years or marriage whichever is earlier. If they are studying in higher learning institutions, payments will continue until they receive a first degree or marriage whichever is earlier. For mentally retarded children or disabled and are unable care for themselves, payments will continue for the children incapable of caring for their lives.
Will the biological child that has been assigned custody to another person entitled to receive the scheme benefits?
No. Only children under the care of the officer are eligible to receive the benefits of the scheme.
Is the child who has attained the age of 21 years where payment has been terminated suffers mental retardation / handicapped eligible for re-payment?
No. The child was over the age of eligibility and that the disability suffered after the death of an officer.
How is the distribution of payments to the children of the officer?
The children’s part are divided equally to all eligible children.
What if one of the child becomes ineligible?
Redistribution to the children will not be done and children who are still eligible will still get their original part.
What is meant by parents?
Biological father-mother, step father-mother or adoptive father-mother where the family relationship is legally valid.
How is the distribution of payments to the mother and father of a single officer?
If both parents are still alive after the death of an officer, the payment is divided equally. If either one is still alive, the payment rate is 2/5 of the eligibility of the officer.
What if the parents who are receiving the payments dies?
Redistribution will not be done and the surviving parent continues to receive his/her share.
Qusetions Related To Service Diseases
What is meant by a Service Disease?
A disease arising out of or in the employment of an officer as listed in Appendix 'C' Treasury Circular No. 7 Of 2001.
Are the diseases suffered by an officer as a result of employment that was only detected after the officer had left work, is eligible to claim under the Service Diseases?
Yes, if the disease is related to the employment of the officer and that the officer had had the disease in a period of sixty months after leaving work.
Is death caused by illness is entitled to payment under this scheme?
No. Death caused by illness such as heart disease, asthma and others not covered under this scheme. Similarly, the act of suicide and attempted suicide.
I am planning an overseas visit to my friend in Indonesia. I am not sure about the procedure. What steps should I take?
Submit Appendix A (appendix to go abroad) that has been supported by the Head of the Department to Administration Division. Administration Division will process it for KSP. Upon approval by KSP, it will be communicated to the officer.
What is the procedure for applying gambling licenses?
What is the procedure for applying gambling licenses?
For information, the government policy at this time is that it does not issue any new license for gambling activities. Therefore application for gambling licenses has been frozen.