婚姻产业: EPF和信托基金[2019] MLJU 1578

女方在申请离婚时要求获得男方50%的EPF和信托基金。
EPF属于婚姻财产之一。Koay Cheng Eng v Linda Herawati Santoso (supra), CA and Ching Seng Woah v Lim Shook Lin [1997] 1 CLJ 375
在EPF法令53A条文中也提及公积金属于婚姻财产。“S.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 of the Fund into the account of the receiver named in the order subject to any terms conditions as prescribed by the Board.
法庭表示婚姻财产也包括为了家庭利益所做的的投资。“Matrimonial assets” refers to everything which is put into it by either spouse with the intention that the investment should be a continuing resource for the benefit of the entire family.
在这种情况下，是否由一方单独或一起投资并不重要；只要双方的婚姻仍存在，依旧属于婚姻财产。It matters not in this context whether the asset is acquired solely by the one party or the other or by joint efforts. Whilst the marriage subsists, these assets are matrimonial assets (see Shantini Pillay Naranyanasamy Pillay v Kanna Dassan (supra).
法庭因此裁定女方有权获得男方50%的EPF和信托基金。

详细的案情和判决，请阅读以下的英文版文章。

EPF MONEY AND TRUST FUNDS

I refer to PW’s prayer 14 (h-i) and RH’s reply at prayer 19. PW’s is claiming 50% of RH’s EPF money (at the date of this order) which was kept with EPF in accordance with Section 53A of Employment Provident Fund Act 1991 and I have allowed this claim. I was alluded to Koay Cheng Eng v Linda Herawati Santoso (supra), CA and Ching Seng Woah v Lim Shook Lin [1997] 1 CLJ 375 which affirmed that EPF is matrimonial asset and half of the monies standing to the husband’s EPF account as the date of divorce, be paid to the wife when it is paid to the husband when he attains the age of withdrawal. I refer to Section 53A of EPF Act which provides as follows:

“S.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 of the Fund into the account of the receiver named in the order subject to any terms 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 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.

(4) For the purpose of subsection(3), “the date of the transfer” means the date on sums of money is debited from the account of a member of the Fund.”

2. I have also allowed in part of PW’s claim and allowed 50% of RH’s share in the Public Mutual Fund (Public Far East Select Fund and Public Regular Saving Fund) to be transferred to PW and to be calculated up to the date of this order. It is my considered view and rightly so that RH had during this marriage, invested in those trust funds for the benefit of the family and they are matrimonial assets for all intent and purposes. “Matrimonial assets” refers to everything which is put into it by either spouse with the intention that the investment should be a continuing resource for the benefit of the entire family. It matters not in this context whether the asset is acquired solely by the one party or the other or by joint efforts. Whilst the marriage subsists, these assets are matrimonial assets (see Shantini Pillay Naranyanasamy Pillay v Kanna Dassan (supra).

Source: Shilashshree Shirely Gomez v Raymond Shilendran a/l Simon [2019] MLJU 1578. High Court Shah Alam. Hayatul Akmal Abdul Aziz J

==============================

*如果您需要聘请律师处理法律事务，请联系我们。

*如果您需要法律咨询(付费)，请联系我们。

*我们的律师楼拥有超过18年的执业经验。我们有处理民事纠纷(打官司/法庭诉讼)、商业纠纷、劳工纠纷(工业法庭）、追讨债务、遗产分配、立遗嘱、离婚、抚养权、赡养费、产业分配、领养小孩、拟商业合约、拟雇佣协议、拟买卖合约、银行贷款、法律咨询、法律顾问、等法律事务。全马的案件，我们皆有处理。*We have more than 18 years of experience in the legal profession. We handle matters such as civil litigation, commercial disputes, labour disputes (Industrial Court), debt recovery, probate & letter of administration, will, divorce, children custody, maintenance/alimony, adoption, distribution of matrimonial assets, drafting commercial agreement, drafting employment contract, drafting sale and purchase agreement, process loan documentations, legal consultation, legal advisory, miscellaneous legal works.

*我们的律师楼网站拥有超过2000则法律文章，免费供民众阅读参考。欢迎填写您的资料，订阅我们的法律文章: www.kuekong.com

*Wilson Kuek律师是“法律与你同行 Law & Justice”面子书群组的创办人。“法律与你同行”是马来西亚最大的法律平台。我们的平台每天为无数的平民百姓免费解除各类的法律困扰。

*加入我们的Telegram: https://t.me/LawAndJusticeGroup

*加入我们的“法律与你同行”FB 群组: http://bit.ly/fblawnjustice

*Like 我们的“法律与你同行” FB Page: http://bit.ly/lawnjusticefbpage

*订阅我们的YouTube: http://bit.ly/lawnjustice

*Kuek, Ong & Associates. Advocates & Solicitors. No.86-1, Jalan Mahagoni 1, Bandar Botanic, 41200 Klang, Selangor Darul Ehsan.

#Kuek, Ong & Associates #Kuek Ong & Associates #Kuek Ong Associates #Klang Legal Firm #Klang Lawyer #KL Lawyer #Kuala Lumpur Lawyer #Chinese Lawyer in Malaysia #Malaysia Lawyer #Litigation Lawyer #Divorce Lawyer #reputable lawyer #trustworthy lawyer

#郭汪律师事务所 #郭汪律师楼 #巴生律师楼 #吧生律师楼 #马来西亚华人律师 #懂华文的律师 #懂华语的律师 #KL律师 #吉隆坡律师 #民事诉讼律师 #民事案律师 #专打官司的律师 #专打官司律师 #工业法庭律师 #劳工法庭律师 #专打离婚案的律师 #专打离婚案律师 #处理离婚的律师 #处理离婚案的律师 #离婚律师 #买卖合约律师 #有经验的律师 #好律师 #专业的律师 #值得信赖的律师 #信得过的律师 #靠得住的律师 #靠谱的律师 #利害的律师 #有信誉的律师 #有声望的律师 #有名声的律师 #出名的律师 #有名的律师 #有实力的律师