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Malaysia:

Employee Provident Fund Changes

Hewitt Comment:

We believe that the aging workforce, the continued shortage of strong talent, and increasing retention problems in Malaysia will make the employment of individuals over age 55 the norm rather than the exception in the near future. Therefore, companies must design their employment terms and conditions, pay, and supplemental benefit programs in cost-effective ways that, at the same time, are attractive to mature aged employees.

Background

The EPF, implemented in its current form under the employee Provident Fund Act in 1991, provides lump-sum old age, survivors', and disability benefits. Both employers and employees are required to contribute. The normal employee contribution rate is 11% and the normal employer contribution rate is 12% of total pay. The Employee Provident Fund Act defines earnings for contribution purposes as wages, bonuses, and allowances. Retirement benefits, gratuities, and overtime pay are excluded.

The shortage of professional and managerial talent in Malaysia is hindering the growth plans of many local and multinational companies. To overcome this challenge, some employers are providing continued employment opportunities to employees over the normal retirement age.

However, changes to the EPF contribution rules, effective February 1, 2008, have made this option more costly for some companies.

Favorable economic conditions and the search for labor arbitrage have led to increased investment - both domestic and foreign - in the Malaysian economy, and as the economy expands, the competition for talent has increased.

According to data collected in Hewitt's 2007 Total Compensation Management survey, the average employee turnover rate is 18%. Turnover among Generation X and Y employees tends to be the highest, as company loyalty among the younger generations is weak and apparently eroding.

Talent issues exist on the other end of the generational spectrum also. With the normal retirement age set at age 55, the International Labor Organization estimates that only 52% of individuals aged 55 to 59 and 42% of individuals aged 60 to 64 remain economically active.
  To stem the loss of talent, many employers encourage employees to stay in the workforce longer. Until recently, this approach enabled employers to retain their experienced employees cost effectively.

Previous EPF practices

Prior to February 1, 2008, employees over age 55 who had fully withdrawn their ePF funds were not obliged to contribute to EPF; however, they could choose to continue voluntary contributions at the full rate (11%).

Employees over age 55 were required to continue making full contributions to ePF if they had not fully withdrawn their funds.

In both cases, if the employee continued to contribute, the employer was required to make the mandatory 12% contribution to EPF as well. (see Figure 1)

Current EPF requirements and practice

Effective February 1, 2008, the following changes were put in place:

EPF contributions for employees over age 55 are now mandatory, either at full or reduced rates. Reduced rates are 50% of the full rate, which is 5.5% for the employee and 6% for the employer.
   
This requirement covers employees who stopped contributing to the system (as they made a full withdrawal before February 1, 2008). Now, these employees must contribute to EPF at the reduced rate.
   
The change also applies to employees over age 55, as of February 1, 2008, who had not made a full withdrawal of their funds and were actively contributing to the EPF. If they decided to make a full withdrawal after February 1, 2008, they must contribute at the reduced rate.
   
Employees who are subject to a reduced rate of contribution can still opt to contribute at the full ePF rate.
   
In all cases, employers must contribute at their full or reduced rate, according to whether the employee is contributing at his or her full or reduced rate.
   
     
 
 
 
 
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