L.S. 318.22 Regolamenti dwar it-Trasferiment ta’ Pensjonijiet imħallsa taħt l-Att dwar is-Sigurtà Soċjali

(1)The title of these regulations is the Transfer of Pensions paid under the Social Security Act Regulations. Title and scope. Amended by: L.N. 61 of 2013.

(2)These regulations provide for the administrative procedure necessary to give effect to Council Regulation (EEC, Euratom, ECSC) No. 259/68, laying down staff regulations of officials and the conditions of employment of other servants of the European Union.

(3)The purpose of these regulations is to enable persons employed as officials and servants of Union institutions and bodies to apply to have their benefit rights, accrued and valued in terms of Part V of the Act, transferred from their national insurance account or fund to the EU scheme. 2.

(1)For the purposes of these regulations, unless the context requires otherwise: "the Act" means the Social Security Act; "active employment" means a person who is performing the duties pertaining to the post to which he has been appointed or temporarily assigned within the meaning of Article 36 of the Council Regulation; "the Director" shall have the same meaning assigned to it by article 2 of the Act; "the Council Regulation" means Council Regulation (EEC, Euratom, ECSC) No. 259/68 laying down staff regulations of officials and the conditions of employment of other servants of the European Union; "the E U scheme" means the pension scheme pr ovid ed for officials of EU institutions in accordance with Articles 77 to 84 of, and Annex VIII to, the Council Regulation; "the transferred amount" means the amount in respect of the cash equivalent of the transferor’s transferable rights which has been transferred into the EU scheme; "quotation date" means the date: (

1. i)by reference to which the cash equivalent value of transferable rights is calculated; and (
2. ii)which falls within a period of three months beginning with the date on which the transfer application is received by the Director; "leave on personal grounds" means leave granted within the Definitions. Amended by: L.N. 61 of 2013. Cap. 318. 1 2 TRANSFER OF PENSIONS PAID UNDER THE SOCIAL SECURITY ACT [ S.L.318.22 meaning of Article 40 of the Council Regulation; "relevant pension" means any contributory pension under Part V of the Act; "statement of entitlement" means a written statement: (
3. i)of the amount of the cash equivalent at the quotation date of the transferable rights which have accrued to, or in respect of, the transferor; and (
4. ii)which contains details of the basis of how that amount has been calculated; "t r an sf e r ap p l ica ti o n " h as th e m e an i n g a s si g n ed t o i t b y regulation 4

(1); "transferor" means the person who has applied to the Director to transfer his transferable rights into the EU scheme.

(2)Subject to the provisions of sub-regulation

(1), other terms used in these regulations shall, unless the context otherwise requires, have the meaning assigned to them by the Act.

(3)Any references in these regulations to an Article of, or an Annex to, the Council Regulation are to be construed as references to that Article or Annex as amended from time to time. Transferable rights. Amended by: L.N. 61 of

2. For the purposes of these regulations, ‘transferable rights’ shall mean any rights to a relevant pension, which, at the quotation date, have accrued to, or in respect of, a person by virtue of the following: (a) the payment by that person of Class 1 or 2 contributions under the Act; and (b) that person having been credited with contributions in terms of article 16 of the Act. Transfer application to the EU scheme. such 4.

(1)Except where sub-regulation

(2)applies, a person seeking to transfer his transferable rights to the EU scheme shall make an application to the Director.

(2)The transferor shall be deemed to have made an application under sub-regulation

(1)where the Director receives a copy of the transferor’s application to become a member of the EU scheme.

(3)An application under sub-regulation

(1)shall be in such form as the Director may from time to time approve. Statement of entitlement. Amended by: L.N. 61 of 2013. 5.

(1)The Director shall, subject to sub-regulation

(4), provide the transferor with a statement of entitlement before the end of the period of thirty days beginning with the quotation date.

(2)A statement of entitlement shall remain valid for a period of ninety days beginning with the day on which the transferor is provided with the finalised proposal of transfer from the administrator of the EU scheme.

(3)Where the transferor is not satisfied as to the accuracy of any of the information contained in the statement of entitlement, he shall notify the Director accordingly within thirty days of receiving TRANSFER OF PENSIONS PAID UNDER THE SOCIAL SECURITY ACT [ S.L.318.22 3 it.

(4)The Director need not provide a statement of entitlement to a transferor if he has provided a statement of entitlement to that transferor in the previous twelve months. 6.

(1)The cash equivalent of the transferor’s transferable rights is to be calculated and verified in such manner as may be approved by, or on behalf of, the Director following actuarial analysis. Calculation of the cash equivalent of transferable rights.

(2)Where, at the quotation date, the transferor is in receipt of one or more relevant pensions, the cash equivalent of any amounts paid in respect of that benefit or those benefits shall be deducted from the total cash equivalent of his transferable rights. 7. A transfer of a transferor’s transferable rights to the EU scheme may only take place where the Director has been notified in writing, before the expiry of the period referred to in regulation 5

(2), that the transferor wishes the transfer to take place. Notice of intention to complete transfer. 8.

(1)Sub-regulations

(2)and

(3)apply where the Director receives a notice under regulation 7. Action to be taken by the Director.

(2)Where the Director is satisfied that the cash equivalent of the transferor’s transferable rights is correct, he shall transfer into the EU scheme: (

1. a)an amount in respect of that cash equivalent; and (
2. b)interest accruing on that amount by virtue of regulation 11, before the end of the period of nine months beginning with the quotation date.

(3)Where the Director is not satisfied as to the accuracy of the cash equivalent of the transferor ’s transferable rights, he shall notify the transferor accordingly and issue a revised statement of entitlement.

(4)Where the Director receives a notice from a transferor indicating that he wishes to complete a transfer of his transferable rights to the EU scheme, which notice is received after the expiry of the period referred to in regulation 5

(2), he shall notify the transferor that his application is invalid and that a new application is to be made and a new statement of entitlement obtained in accordance with the provisions of these regulations. 9.

(1)This regulation applies where the cash equivalent of the transferor’s transferable rights has been transferred into the EU scheme according to official guidelines published from time to time

(2)Nothing in the Act or in any regulations made thereunder shall be construed in such a way so as to produce the following effect: (

1. a)the entitlement of the transferor to payment of a relevant pension based on contributions paid or credited during any periods before the day on which the transfer takes place; or Effect of making a cash equivalent transfer payment. 4 [ S.L.318.22 TRANSFER OF PENSIONS PAID UNDER THE SOCIAL SECURITY ACT (
2. b)the crediting of a transferor with any earnings or contributions which accrue from his transferable rights.

(3)Where the transferor returns to Malta at any time after the day on which the transfer takes place and is gainfully occupied or self-employed in terms of the Act, he shall not be entitled to credited contributions in terms of article 16

(1)of the Act and any other credited contributions awarded under the said article which have been transferred out of this scheme. Incorrect amount transferred. 10.

(1)Sub-regulation

(2)applies where it subsequently transpires that the cash equivalent of the transferor’s transferable rights was greater than the transferred amount.

(2)The Director shall transfer into the EU scheme an amount equal to the sum of the following: (

1. a)the difference between the cash equivalent of the transferor’s transferable rights and the transferred amount; and (
2. b)the difference between the interest accrued under regulation 11 on the cash equivalent of the transferor’s transferable rights and the interest accrued under that regulation on the transferred amount. Interest. 11.

(1)Interest shall accrue on the cash equivalent of the transferor’s transferable rights in respect of the period beginning on the quotation date and ending on the day on which an amount in respect of that cash equivalent is transferred by virtue of regulation 8

(2).

(2)Interest shall accrue under sub-regulation

(1)at an annual rate to be determined by the Director based on actuarial analysis. Time limits.

1. The periods specified in regulations 5, 6 and 8 may be extended by the Director if he considers it reasonable to do so in any particular case. Financial provision.
2. Payments of cash equivalents of transferable rights made by the Director by virtue of these regulations shall be paid out of the Consolidated Fund.