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Pension Scheme Trust Deed Template for Malaysia

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Key Requirements PROMPT example:

Pension Scheme Trust Deed

"I need a Pension Scheme Trust Deed for a new technology company based in Kuala Lumpur, launching in March 2025, with approximately 200 employees, including provisions for both conventional and Shariah-compliant investment options."

Document background
The Pension Scheme Trust Deed is essential for any employer in Malaysia seeking to establish a formal pension arrangement for their employees. This document is used when setting up a new pension scheme or updating an existing scheme to comply with current regulations. The trust deed creates the legal framework under which the pension scheme operates, incorporating requirements from Malaysian employment, trust, and pension laws. It details crucial aspects such as contribution structures, benefit calculations, investment powers, and trustee responsibilities. The document must comply with various Malaysian regulations, including the Employees Provident Fund Act 1991, Employment Act 1955, and relevant financial services legislation, making it a foundational document for long-term employee benefit provision.
Suggested Sections

1. Parties: Identifies the principal employer (settlor), trustees, and any participating employers

2. Background: Sets out the context and purpose of establishing the pension scheme

3. Definitions: Comprehensive definitions of terms used throughout the deed

4. Establishment of the Scheme: Formal establishment of the trust and declaration of the scheme

5. Trustee Appointment and Removal: Procedures for appointing and removing trustees, including corporate trustees

6. Trustee Powers and Duties: Comprehensive list of trustee powers and responsibilities

7. Investment Powers: Details of how scheme assets can be invested and any restrictions

8. Scheme Administration: Rules for day-to-day administration and operation of the scheme

9. Membership: Eligibility criteria and conditions for scheme membership

10. Contributions: Rules regarding employer and employee contributions

11. Benefits: Types of benefits available and conditions for payment

12. Payment of Benefits: Procedures for calculating and paying benefits

13. Amendments to the Scheme: Powers and procedures for amending the trust deed and rules

14. Termination and Winding Up: Circumstances and procedures for scheme termination

15. Dispute Resolution: Procedures for handling disputes between parties

Optional Sections

1. Participating Employers: Required when multiple employers participate in the scheme, detailing admission and cessation procedures

2. Death Benefits: Detailed section needed when scheme offers specific death benefits and nomination procedures

3. Transfer Provisions: Required when transfers in/out of the scheme are permitted

4. Enhanced Benefits: Used when the scheme offers additional benefits beyond the basic pension

5. Investment Options: Required when members have investment choices

6. Shariah Compliance: Required for Islamic pension schemes

7. Electronic Communications: Optional section for schemes utilizing digital communications and online administration

Suggested Schedules

1. Schedule 1 - Scheme Rules: Detailed operational rules of the scheme

2. Schedule 2 - Contribution Rates: Tables of contribution rates for different categories of members

3. Schedule 3 - Benefit Calculations: Formulae and methods for calculating different types of benefits

4. Schedule 4 - Participating Employers: List of all participating employers and their joining dates

5. Schedule 5 - Investment Guidelines: Detailed investment policies and restrictions

6. Appendix A - Forms: Standard forms for scheme administration (membership, nominations, etc.)

7. Appendix B - Service Providers: Details of appointed service providers (administrators, investment managers, etc.)

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions











































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Relevant Industries

Financial Services

Banking

Manufacturing

Technology

Retail

Healthcare

Education

Construction

Energy

Telecommunications

Professional Services

Transportation

Mining

Agriculture

Public Sector

Relevant Teams

Human Resources

Legal

Finance

Compliance

Risk Management

Operations

Treasury

Corporate Governance

Employee Benefits

Pension Administration

Relevant Roles

Human Resources Director

Chief Financial Officer

Legal Counsel

Compliance Officer

Benefits Manager

Pension Scheme Administrator

HR Manager

Finance Director

Trust Manager

Employee Benefits Specialist

Risk Manager

Company Secretary

Operations Director

Compensation and Benefits Manager

Treasury Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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