Takaful Order, 2008 · s 86

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86.
(1)
Where a family takaful certificate, has been in force, in the case of an ordinary certificate, for 3 years or more, the participant may by notice in writing to the takaful operator surrender the certificate and shall thereupon become entitled to receive the surrender value thereof, determined in accordance with the terms and conditions applicable to the certificate (but subject to any deduction of sums due under the certificate or under an agreement charging them on the certificate).
(2)
Where a family takaful certificate has been in force for 3 years or more, the certificate shall not lapse or be forfeited by reason of the non-payment of contributions, but shall have effect subject to such modifications as to the period for which it is to be in force or the benefits receivable thereunder or both as may be determined in accordance with any terms and conditions applicable to the certificate.
3040
(3)
Where a family takaful certificate has been in force for 3 years or more, the participant may by notice in writing to the takaful operator elect to exchange the certificate for a paid-up certificate, which shall be a non-participating certificate for an amount determined in by the takaful operator.
(4)
A certificate issued in place of an earlier certificate shall for the purposes of this section (including this subsection) be treated as having been in force since the earlier certificate began to be in force.
(5)
Subsections (1) to (3) shall not apply-
(a} to a certificate securing the grant of an annuity for a term dependent upon human life; or
(b) to a certificate under which no certificate moneys are necessarily payable, not being a certificate which provides for the payment of certificate moneys on a death after a specified period.
(6)
The rights conferred by this section shall be in addition to, and not in derogation of, any other rights available to the participant under the terms of the certificate or otherwise; but this section shall not be taken to confer on a participant any rights except against the takaful operator as such.
(7)
This section shall apply to certificates whenever issued and, subject to subsection (5), shall extend to any Brunei Darussalam certificate.

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s 86

(1)

Where a family takaful certificate, has been in force, in the case of an ordinary certificate, for 3 years or more, the participant may by notice in writing to the takaful operator surrender the certificate and shall thereupon become entitled to receive the surrender value thereof, determined in accordance with the terms and conditions applicable to the certificate (but subject to any deduction of sums due under the certificate or under an agreement charging them on the certificate).

(2)

Where a family takaful certificate has been in force for 3 years or more, the certificate shall not lapse or be forfeited by reason of the non-payment of contributions, but shall have effect subject to such modifications as to the period for which it is to be in force or the benefits receivable thereunder or both as may be determined in accordance with any terms and conditions applicable to the certificate.

3040

(3)

Where a family takaful certificate has been in force for 3 years or more, the participant may by notice in writing to the takaful operator elect to exchange the certificate for a paid-up certificate, which shall be a non-participating certificate for an amount determined in by the takaful operator.

(4)

A certificate issued in place of an earlier certificate shall for the purposes of this section (including this subsection) be treated as having been in force since the earlier certificate began to be in force.

(5)

Subsections (1) to (3) shall not apply-

(a} to a certificate securing the grant of an annuity for a term dependent upon human life; or

(b)

to a certificate under which no certificate moneys are necessarily payable, not being a certificate which provides for the payment of certificate moneys on a death after a specified period.

(6)

The rights conferred by this section shall be in addition to, and not in derogation of, any other rights available to the participant under the terms of the certificate or otherwise; but this section shall not be taken to confer on a participant any rights except against the takaful operator as such.

(7)

This section shall apply to certificates whenever issued and, subject to subsection (5), shall extend to any Brunei Darussalam certificate.