📄 Legal text
[CAP. 93.
PENSIONS
1
CHAPTER 93
PENSIONS ORDINANCE
To repeal and re-enact with amendments the law relating to the grant of
pensions, gratuities and other allowances to persons in the Public Service
of Malta, and to the grant of pensions and gratuities to dependants in
certain cases.
1st April, 1937
ORDINANCE XVII of 1937, as amended by Ordinances: XIII of 1939,
XXXI of 1940, XV of 1944, X, XXVI and XXXVIII of 1946, XXVI of 1947;
Proclamation XI of 1947; Acts: XIII, XIV and XLVI of 1948, XXII of 1956;
Emergency Ordinance VI of 1958; Ordinances: VI of 1959, I of 1960, XX of
1961, I and XXV of 1962; Legal Notice 46 of 1965; Acts: LVIII of 1974 and
VIII of 1975; Legal Notice 148 of 1975; and Acts: XXII of 1976, XVI of
1977, XII of 1979, XLIX of 1981, XIII of 1983, V of 1988, IX of 1990 and
VII of 1992; and, in regard to the regulations contained in the Schedule, by
Government Notices: 128 and 259 of 1939, 430 of 1940, 24 of 1941, 177
and 509 of 1943, 178 of 1944, 357 of 1947, 448 of 1948, 140 and 698 of
1949, and 600 of 1955; Act XXII of 1956; Government Notice 338 of 1957;
Emergency Ordinances: VI and XIV of 1958; Legal Notices: 7 of 1961 and
1 of 1962; Ordinance XXV of 1962; Legal Notices: 46 of 1965, 3 of 1966.
65 of 1967, 55 of 1970 and 34 of 1971; Act LVIII of 1974; Legal Notice 148
of 1975; Acts: XXII of 1976 and XI of 1977; Legal Notices: 38 of 1980, 20
of 1981, 21 of 1987 and 27 of 1988; Acts: VIII and IX of 1990, VII of 1992,
XVI of 1997, VIII of 1999 and XV of 2002; Legal Notice 211 of 2004; Acts
II and XIX of 2006; Legal Notice 408 of 2007; Acts XV of 2009 and I of
2010; Legal Notice 120 of 2012; and Acts XLI of 2016 and III and XX of
2019.
1.
The short title of this Ordinance is the Pensions Ordinance.
2. (1) In
thereunder -
this
Ordinance
and
the
regulations
made
"correctional services officer" means any officer appointed to the
public service before the 15th January, 1979 and who occupies any
post listed in the Schedule to the Prisons Pensions Regulations;
"Minister" means the Minister from time to time responsible for
the Department of Social Security, and includes any officer
designated by the Minister for a particular purpose or class of
purposes;
"month" means a calendar month;
"officer" means a person substantively appointed to an office in
respect of which a pension or retiring allowance may be granted
under this Ordinance.
In case of any question or dispute arising as to whether a person
is to be regarded as an officer for the purpose of this Ordinance or
of any regulations made thereunder the decision of the President of
Malta shall be final;
"pensionable emoluments" (a) in respect of service in Malta, includes -
Short title.
Interpretation.
Amended by:
X. 1946.2;
Procl. XI of 1947;
XIII. 1948.2;
XLVI. 1948.5;
XXII. 1956.2;
VI. 1958.2;
I. 1960.2;
XX. 1961.17;
I. 1962.2;
XXV. 1962.2;
LVIII. 1974.68;
XXII. 1976.4;
XVII. 1977.47;
VII. 1992.2;
XVI. 1997.9;
VIII. 1999.2;
XIX. 2006.17;
XLI. 2016.20.
S.L. 260.04
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CAP. 93.]
PENSIONS
(i) salary,
(ii) personal allowance,
but does not include duty allowance, entertainment
allowance, house allowance, the estimated annual
rental value of free quarters, value of rations, extra
remuneration, any fees paid out of the Treasury by way
of salary or any other emoluments whatever;
(b) in respect of other public service, means emoluments
which count for pension in accordance with the law or
regulations in force in such service;
Provided that, with respect to officers who retire or
die in service between the 1st day of January, 1991 and
the 1st day of January, 1993 and who occupied a post
on retirement or death in service the scale of salary of
which is, on or after their retirement or death in
service, increased in accordance with the Public
Service Reform of 1991, the salary of such officers on
their last day of service before retirement or death, as
the case may be, shall, for the purpose of this
Ordinance, but with effect only from the date of such
increase, be deemed to be the salary as increased in
accordance with such reform, no account however
being taken of any increases granted for any increase
in the cost of living after the retirement or death in
service of such officers; and any pension and, or,
gratuity payable in accordance with this Ordinance in
respect of such officers shall, with effect from the date
of any such increase in accordance with such reform as
aforesaid, be adjusted as if the salary on their last day
of service was that which would have been payable
according to such increase as aforesaid had they
remained in the service:
Provided further that, in the case of an officer who
retires between the said dates and dies subsequent to
retirement between the dates aforesaid, any gratuity or
commuted pension shall be adjusted on the dates of
such increase as aforesaid;
"pensionable office" means (a) in respect of service in Malta, an office which has been
declared by the President of Malta, by a notification in
the Government Gazette, to be a pensionable office;
and any such office may at any time be declared by the
President of Malta, by a notification in the
Government Gazette, to be no longer pensionable; but
where any office is thus declared to be no longer
pensionable, then so long as any person holding that
office at the time of the declaration continues therein,
the office shall, as respect that person, continue to be a
pensionable office;
(b) in respect of other public service, an office which is a
pensionable office under the law or regulations in
PENSIONS
[CAP. 93.
3
force in such service;
(c) the office of Auditor General or Deputy Auditor
General, or any office in the National Audit Office;
"personal allowance" means a special addition to salary granted
personally to the holder for the time being of the office, but does
not include such an addition if it is granted subject to the condition
that it shall not be pensionable;
"prisons officer" shall have the same meaning assigned to it by
article 2 of the Prisons Act;
Cap. 260.
"public service" means service of a civil capacity under the
Government of Malta or such other service as the President of
Malta may determine to be public service for the purposes of any
provision of this Ordinance or of the regulations made thereunder;
"salary" means the salary attached to a pensionable office, or
where provision is made for taking service in a non-pensionable
office into account as pensionable service, the salary attached to
that office;
"service in Malta" means service in a civil capacity under the
Government of Malta and, in respect of members of the teaching
staff of the University of Malta whose rights under any of the
provisions of this Ordinance are saved under the proviso of article
136(2) of the Education Act, and of officers or employees of the
Government of Malta who at any time during their service in a civil
capacity under the Government of Malta are detailed to perform
duty at the University or with the Malta Government Tourist Board
or with Enemalta or with the Malta Broadcasting Authority shall be
deemed to include service in the University or with the Malta
Government Tourist Board or with Enemalta or with the Malta
Broadcasting Authority as the case may be;
Cap. 327.
"year" means a calendar year.
(2) Nothing in this Ordinance or in any amendment made
thereto from time to time shall, unless the contrary intention is
explicitly stated, be interpreted as granting, or as ever having
granted, a right, to any person who has been in the service of Malta
or to his legal representatives or dependants, to a pension, gratuity
or other allowance under this Ordinance, that is not, or that was not
at any time, qualified by the requirement of a creditable
performance by such person
3. (1) It shall be lawful for the President of Malta, from time
to time to make, and when made, to vary and revoke regulations for
the granting of pensions, gratuities and other allowances to persons
who have been in the service of Malta or to their legal
representatives or dependants:
Provided that until varied or revoked by any such regulations,
the regulations contained in the Schedule shall be in force.
(2) The said regulations and any regulations varying or
revoking the same as aforesaid, shall have the same force and effect
for all purposes as if they were contained in this Ordinance, and the
President may
make pension
regulations.
Amended by:
XXXVIII. 1946.2;
XIII. 1948.2;
XIV. 1948.2;
VI. 1958.2;
XXV.1962.2;
L.N. 46 of 1965;
LVIII. 1974.68
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CAP. 93.]
PENSIONS
term "this Ordinance" shall in the following articles be read and
construed accordingly.
(3) Whenever the President of Malta is satisfied that any
regulation made under this article should have retrospective effect
in order to confer a benefit upon, or remove a disability attaching to
any person or class of persons, that regulation may be given
retrospective effect for that purpose.
(4) No regulation made under this article shall have effect
unless it has received the prior approval of the House of
Representatives signified by resolution.
(5) Any pension or gratuity granted under this Ordinance shall
be computed in accordance with the provisions in force at the
actual date of an officer’s retirement.
Pensions, etc., to
be charged on the
revenues of Malta.
Amended by:
VI. 1958.2;
XXV.1962.2;
L.N. 46 of 1965;
LVIII. 1974.68.
4.
There shall be charged on and paid out of the Consolidated
Fund all such sums of money as may from time to time be granted
by the President of Malta by way of pension, gratuity or other
allowance in accordance with this Ordinance.
Pensions not of
right
Amended by:
VI. 1958.2;
XXV. 1962.2;
LVIII. 1974.68;
L.N. 148 of 1975.
5. (1) No officer shall have an absolute right to compensation
for past services, or to pension, gratuity, or allowance under this
Ordinance or under any regulations made thereunder, nor shall
anything herein or in such regulations contained, limit the right of
the Government of Malta to dismiss any officer without
compensation.
(2) Where it is established to the satisfaction of the President of
Malta that an officer has been guilty of negligence, irregularity or
misconduct, the pension, gratuity or other allowance may be
reduced or altogether withheld.
Service not
qualifying for
pension.
6.
No pension, gratuity or other allowance shall be granted to
any officer in respect of any service (a) while on probation or agreement, unless without break
of service he is confirmed in a pensionable office in
Malta or in an office in other public service which is at
the time of confirmation pensionable under the
pension regulations applicable to such service; or
(b) while under the age of eighteen:
Provided that the provisions of paragraph (b) shall not apply to
an officer or other person in the service of Malta at the
commencement of this Ordinance.
PENSIONS
[CAP. 93.
7. (1) No pension, gratuity or other allowance shall be
granted to any officer except on his retirement from the public
service in one of the following cases:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(i) on or after attaining the age of sixty years, or
(ii) in the case of an officer with other public
service, on or after attaining the age of fifty-five
years, or
(iii) in the case of a correctional services officer or a
member appointed to the Police Force, on or
after attaining the age of fifty-five years or, if he
has completed twenty-five years’ service as a
correctional services officer or in the Police
Force, or
(iv) in special cases, with the approval of the
President of Malta, on or after attaining the age
of fifty years;
in the case of transfer to other public service, on or
after attaining the age at which an officer is permitted
by the law or regulations of the service in which he is
last employed to retire on pension or gratuity;
on the abolition of his office;
on compulsory retirement for the purpose of
facilitating improvement in the organization of the
department to which he belongs, by which greater
efficiency and economy can be effected;
on medical evidence to the satisfaction of the President
of Malta that he is incapable by reason of some
infirmity of mind or body of discharging the duties of
his office and that such infirmity is likely to be
permanent;
in the case of termination of employment in the public
interest as provided in this Ordinance;
on relinquishing his office in the service of Malta with
Government approval to take up appointment in a full
time post in the University of Malta:
Provided that such officer shall not be entitled to any
pension or gratuity in respect of his office in the service of Malta
except as from the date on which he attains the age on which he is
permitted by the law or by the statute or regulations of the
University of Malta to retire with or without a pension:
Provided further that where an officer relinquished his office
in the service of Malta after 31 December, 1978 to take up
employment with the University of Malta, service with the University
of Malta shall be deemed to be service with Government:
Provided further that where such officer retires from the
service of the University of Malta before attaining the age of sixty
for any of the reasons set out in paragraphs (c), (d), (e) and (f) it
shall be lawful for the President of Malta to authorize the grant of a
pension as from the actual date of the officer’s retirement.
5
Circumstances in
which pension may
be granted.
Amended by:
XIII. 1939.2;
XIII. 1948.2;
XLVI. 1948.2;
XXII. 1956.3;
VI. 1958.2;
I. 1962.3;
XXV. 1962.2;
LVIII. 1974.68;
L.N. 148 of 1975;
XXII. 1976.4;
IX. 1990.2;
VIII. 1999.3;
II. 2006.3.
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CAP. 93.]
PENSIONS
(2) A gratuity in accordance with the provisions of this
Ordinance may be granted to a female officer who resigns her
office for the reason that she has married or is about to marry,
notwithstanding that she is not otherwise eligible under this article
for the grant of any pension, gratuity or other allowance.
Retirement on the
ground of public
interest.
Substituted by:
XXII. 1956.4.
Amended by:
VI. 1958.2;
XXV. 1962.2;
LVIII. 1974.68;
IX. 1990.3.
Termination of
service to take up
employment with
designated
company or entity.
Added by:
VII. 1992.3.
Amended by:
II. 2006.4.
8.
Where an officer’s service is terminated on the ground that,
having regard to the conditions of the public service, the usefulness
of the officer thereto and all the other circumstances of the case,
such termination is desirable in the public interest, and a pension,
gratuity or other allowance cannot otherwise be granted under the
provisions of this Ordinance, the President of Malta may, if he
thinks fit, grant such pension, gratuity or other allowance as he
thinks just and proper, not exceeding in amount that for which the
officer would be eligible if he retired from the public service in the
circumstances described in article 7(1)(e).
*8A.
Where an officer’s or other employee’s service is
terminated in order that he may, with the approval of the President
of Malta, take up full time employment with such company or
entity as may be designated by an Order of the President of Malta
for the purposes of this article, the employment of that officer with
that company or entity shall be deemed to be service with the
Government for the purposes of this Ordinance, and such employee
shall be entitled to a pension or gratuity, as the case may be, under
this Ordinance upon the termination of his service with such
company or entity as if such service were service with the
Government:
Provided that, where the termination of such service with
the company or entity is due to the winding up of such company or
entity whether voluntary or otherwise or due to its bankruptcy, such
termination shall be considered as if it were due to abolition of
office:
Provided further that no such Order shall be made unless
such company or entity shall first have bound itself with the
Government to contribute towards the Government the difference
between the cost of the pension or gratuity payable at the time of
retirement from the company or entity and the cost of the pension
or gratuity, as the case may be, computed at the time of the
termination of the service with the Government for the aforesaid
reason of full time employment with the company or entity:
Provided further that for the purpose of establishing the date of
the termination of the service with the Government with a view to
calculating the contribution due by the company or entity towards the
cost of pension and, or gratuity, as the case may be, such date shall be
deemed to be, and to have always been, either the date when an officer
was detailed for service or otherwise commenced performing his
duties with the company or entity from which he eventually retired, or
the date when an officer took up full time employment with the
company or entity, whichever is the earlier.
*See S.L. 93.01
PENSIONS
[CAP. 93.
8B. (1) Where an officer’s service with the Government has
been terminated to take up permanent employment with a company
or entity as provided in article 8A, or in accordance with the
provisions of any other law which provides or provided that in
respect of an officer, detailed for duty with the corporation or entity
referred to in the relevant law, and who accepts permanent
employment with such corporation or entity, service with the said
corporation or entity shall, for the purposes of the Ordinance in so
far as applicable to him, be deemed to be service with the
Government, the pensionable emoluments of such officer on
retirement shall be deemed to be the pensionable emoluments
established in accordance with the following sub-articles:
7
Calculation of
pensionable
emoluments in
certain cases.
Added by:
XV. 2002.3.
Amended by:
XLI. 2016.21.
Provided that nothing in this article shall be deemed to
detract from any rights granted to any officer in virtue of article 8C.
(2) The pensionable emoluments of an officer to whom subarticle (1) apply shall be deemed to be the pensionable emoluments
payable to an officer in Government service in a grade and at the
incremental level corresponding to the post and incremental level at
which the officer retires from the company, corporation or entity as
the case may be.
(3) For the purposes of sub-article (2), posts and salary grades
with the respective company, corporation or entity shall be
classified in the most nearly corresponding grades and incremental
level under the Government of Malta by reference to job
description, skills, responsibilities and other analogous factors.
(4) The classification referred to in sub-article (3) shall be
carried out by a board in respect of each company, corporation or
entity composed of a chairman appointed by the Minister and two
other members, one appointed by the Minister responsible centrally
for personnel policies in the public service and one appointed by
the Minister responsible for the company, corporation or entity, if
any, and in cases where no such ministry exists, by the Minister
responsible for industrial relations. The classification shall in each
case be subject to the final approval of the Minister.
(5) Such classification shall take place within three months of
any adjustment of salaries of employees in Government Service
and, or, of employees of the company, corporation or entity as the
case may be.
(6) No post shall be classified in a grade higher than Grade 3
in the service of the Government or such other grade that the
M i n i s t e r m a y, f r o m t i m e t o t i m e , b y n o t i c e i n t h e G a z e t t e
determine.
8C. (1) Notwithstanding the provisions of article 8B, where an
officer took permanent employment with a company, corporation or
entity as is referred to in sub-article (2) before 1st April, 2002 or
was detailed for service with such company, corporation or entity
before the 1st April, 2002 and retires or takes up permanent
employment with such company, corporation or entity before such
date as the Prime Minister may by Order establish, the pensionable
emoluments of such officer on retirement shall for the purposes of
this Ordinance be the emoluments actually paid to such officer at
Calculation of
pensionable
emoluments of
officers with
particular entities.
Added by:
XV. 2002.3.
Amended by:
XV. 2009.49;
I. 2010.7.
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CAP. 93.]
PENSIONS
the time of his retirement:
Provided that in no case shall such pensionable
emoluments be higher than those payable to an officer in grade 3 in
the service of the Government or such other grade as the Minister
responsible for finance may, from time to time by notice in the
Gazette, establish.
(2) The companies, corporations or entities to which this
article applies are:
(a) the University of Malta, the Malta Government Tourist
Board, Enemalta, and the Malta Broadcasting
Authority, in each case referred to in the definition
"service in Malta" in article 2;
(b) Malta International Airport plc, Public Broadcasting
Services, Malta Financial Services Authority, the
Junior College, Water Services Corporation, Maltapost
plc, Posta Ltd., Planning Authority, Malta
Environment and Planning Authority, Public Transport
Authority, Authority for Transport in Malta, Telemalta
Corporation, Maltacom plc, National Audit Office,
Management Systems Unit, Malta Information
Technology and Training Services Ltd and Malta
Information Technology Agency.
Minister may
extend provisions
of article 8A.
Added by:
XV. 2002.3.
Amended by:
XLI. 2016.22.
8D. The Minister responsible for finance may, from time to
time by Order, declare that the provisions of article 8A shall apply
to officers or other employees who had terminated their service
with the Government in accordance with the provisions of article
8A or with the provisions of article 8B(1) or with any of the entities
referred to in article 8C(2) (hereinafter referred to as the relevant
articles), in order to take up employment with a company
designated in article 8A or with the respective entity referred to in
the relevant articles, as the case may be, and, upon the making of
such an order by that Minister, the provisions of article 8A or 8C,
as the case may be, shall apply to such persons as if such persons
were at the time of making the said Order, officers or employees of
the Government.
Pension of certain
public officers.
Added by:
XV. 2002.3.
Amended by:
II. 2006.5;
XIX. 2006.17;
XX.2019.2.
8E. (1) Notwithstanding anything to the contrary under this
Ordinance, where a public officer retires from the offices referred
to in sub-article (2) after having served for at least twelve months
in such an office or retires from the public service after having
served for a term of three years in such an office, the pensionable
emoluments of such officer on retirement shall be, when such
officer accomplishes a creditable performance, those attached to
the salary scale, at the date of the officer ’s retirement, of the
highest or higher of the offices referred to in sub-article (2) held by
such officer as aforesaid at any time before his retirement:
Provided that nothing in this article shall be deemed as
reducing any pension to which such officer would but for the
provisions of this article have been entitled to.
(2)
The offices referred to in sub-article (1) are the following:
(a) Cabinet Secretary;
PENSIONS
(b)
(c)
(d)
(e)
[CAP. 93.
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Principal Permanent Secretary;
Permanent Secretary;
Headship positions under a performance agreement;
Ambassador, High Commissioner or other principal
representative of Malta in any other country, when
appointed from the public service in terms of the proviso
to article 111(1) of the Constitution of Malta and
provided that, prior to such appointment, the holder of
any of the said offices was eligible for appointment as a
head of a department of Government in terms of article
92(4) of the Constitution of Malta.
8F. Any Order made in accordance with articles 8A and 8D and
authorisations made thereunder may be retrospective to such date
as may be established in the respective Order or authorisation.
Retrospective
effect of orders and
authorisations.
Added by:
XV, 2002.3.
9. (1) It shall be lawful for the President of Malta to require
any officer other than a judge to retire from the service of Malta at
any time after he attains the age of sixty years or, in special cases,
at any time after he attains the age of fifty years,provided that
retirement shall be regulated by the provisions of the Social Security
Act concerning pensionable age:
Age of compulsory
retirement.
Amended by:
XIII. 1939.4;
XIII. 1948.2;
XLVI. 1948.3;
VI. 1958.2;
I. 1962.4;
XXV. 1962.2;
LVIII. 1974.68;
IX. 1990.4;
XVI. 1997.9;
VIII. 1999.4;
XX.2019.3.
Provided that (i)
an officer with other public service, other than a
judge, Attorney General or magistrate may be
required by the President of Malta to retire at
any time after he attains the age of fifty-five
years;
(ii) a correctional services officer or a member
appointed to the Police force, not being an
officer holding the office of Commissioner of
Police, Deputy Commissioner of Police,
Director
of
Correctional
Services
or
Correctional Manager, may be required by the
President of Malta on the recommendation of the
Commissioner of Police or of the Director of
Correctional Services, as the case may be, to
retire at any time after he attains the age of fiftyfive years or, if he has completed twenty-five
years’ service in the Police force or as a
correctional services officer after he attains the
age of fifty years.
(2) The provisions of sub-article (1) shall not apply to any
officer holding the office of Auditor General or Deputy Auditor
General.
(3) Without prejudice to the provisions of sub-article (1), any
officer may be allowed to remain in service beyond pensionable age.
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CAP. 93.]
Maximum pension
grantable.
Amended by:
XXII. 1976.4.
PENSIONS
10. (1) A pension granted to an officer under this Ordinance
shall not exceed two-thirds of the highest pensionable emoluments
drawn by him at any time in the course of his service in Malta.
(2) For the purpose of the preceding sub-article an additional
pension granted in respect of injury shall not be taken into account;
but where an officer is granted such an additional pension, the
amount of such additional pension which he may draw shall not
exceed one-sixth of his highest pensionable emoluments at any
time in the course of his public service by more than the sum by
which the amount of his pension or pensions, apart from such
additional pension, falls short of two-thirds of such highest
emoluments.
Liability of
pensioners to be
called upon to take
further
employment.
Amended by:
XXII. 1976.4;
XLIX. 1981.6;
IX. 1990.5;
VIII. 1999.5.
11. (1) Every pension granted under this Ordinance shall be
subject to the condition that unless or until the officer has attained
the age of fifty years, he may, if physically fit for service, be called
upon by the Prime Minister to accept, in lieu of his pension, an
office not less in value than the office which he held at the date of
the grant of his pension.
(2) If a pensioner so called upon declines to accept the office
for which he may have been selected, the payment of his pension
may be suspended until he has attained the age of fifty years.
(3) The provisions of sub-articles (1) and (2) shall not apply to
a pensioner who retired as a correctional services officer or as a
member of the Police Force on grounds other than those listed in
article 7(1)(e).
Pension of officers
affected by
medical dispute of
June 1977.
Added by:
V. 1988.2.
11A. (1) Saving the provisions of sub-article (3), any officer
who had been in the service of Malta and who as a consequence of
the medical dispute which led to industrial action taken on the 2nd
June, 1977, had his service terminated or was suspended from such
service or otherwise lost his employment with the Government,
may nonetheless be granted such pension or gratuity in respect of
effective service.
(2)
Such officer may only be entitled (a) to such gratuity with effect from 19th June, 1987; and
(b) to such pension (i) with effect from the 19th June, 1987, if he has
attained the age of sixty years on or before that
date; or
(ii) if he has attained the age of sixty years on or
before that date and has been re-employed, with
effect from the date of his retirement; or
(iii) if he has not attained the age of sixty years on
the 19th June, 1987 and has not resumed service,
with effect from the date on which he has
attained that age; or
(iv) if he has not attained the age of sixty years on
the 19th June, 1987 and has resumed service,
with effect from the date of his retirement;
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[CAP. 93.
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and such pension or gratuity shall, in respect of officers referred to
in paragraph (a) and in paragraph (b)(i) and (iii), be computed as if
he retired from service in Malta on the day following his last day of
effective service.
(3) Any service prior to a break of service may be allowed to
count for pension purposes together with any service subsequent to
such break and the provisions of paragraph (b) of the proviso to
regulation 8 of the Pensions Regulations shall not apply, if the
break of service (a) is due to termination of service under the provisions of
the Employment and Industrial Relations Act, as a
consequence of the medical dispute referred to in subarticle (1); or
(b) is otherwise a consequence of the said medical dispute.
Cap. 452.
(4) Where the grade or category in which any such officer as is
referred to in sub-article (1) had been employed has ceased to exist
as such or has been absorbed in another grade or category, and such
officer had given notice to the Superintendent of Health by the 19th
July, 1987 of his intention to resume duty or accept re-employment,
but has declined the offer made to him to resume duty or to accept
re-employment in an equivalent grade or category under the
conditions of such post, the provisions as contained in this
Ordinance regarding the abolition of post may, where applicable,
apply:
Provided that a pension granted as a result of the abolition of
post may only be payable with effect from the 19th June, 1987 and
be computed as if such abolition took place on the last day of
effective service of employment.
(5) The provisions of article 19 shall apply in respect of such
officer as is referred to in sub-article (1), who has died on or after
the 2nd June, 1977.
12. (1) If any officer to whom a pension has been granted
under his Ordinance is appointed to another office in the service of
Malta, or is or was after his retirement appointed to an office
established by the Constitution also being a pensionable office
under this Ordinance, and subsequently retires in circumstances in
which he may be granted a pension, or leaves office at the end of
his appointment or re-appointment as the case may be, he may be
granted in lieu of his previous pension, a pension computed as if
the periods of his service had been continuous, and such pension
may be based on his pensionable emoluments on his previous or
final retirement from the service of Malta, or from the said office
established by the Constitution, whichever are the greater:
Provided that if, on his previous retirement, he was paid a
gratuity and reduced pension, the gratuity if any, to be paid to him
on final retirement shall be reduced by the amount of the gratuity
already paid:
Pensions affected
by
re-employment.
Amended by:
XXII. 1976.4;
I. 2010.8.
12
CAP. 93.]
Cap. 595.
Cap. 595.
PENSIONS
Provided further that in the case of an officer who has
retired for the first time from one of the offices, posts or positions
mentioned in paragraphs (a), (b) or (c), excluding the proviso, of
sub-article (2) of article 2 of the Public Administration Act, the
provisions of this sub-article shall only apply if the final retirement
from the service of Malta or from the office established by the
Constitution took place before the 1st January, 2010.
(2) Notwithstanding the other provisions of this Ordinance or
of any other law or other regulations, when a person is the holder of
one of the offices, posts or positions mentioned in paragraphs (a),
(b) or (c), excluding the proviso, of sub-article (2) of article 2 of
the Public Administration Act, such person may, on being reemployed in the service of Malta after his retirement from the
service of Malta or on being retained in employment in the service
of Malta beyond the age of sixty-one years, during such period in
employment after the age of sixty-one years receive and continue to
receive any pension, including any gratuity or commuted pension,
without any reduction except as specified under this Ordinance,
provided that the said period of re-employment or of retention in
employment shall not be taken into consideration for any other
purposes of this Ordinance.
Gratuity affected
by re-employment.
Amended by:
XXII. 1976.4
13. If any officer to whom a gratuity without pension has been
granted under this Ordinance is re-appointed to any office in the
service of Malta, his previous service may be taken into account for
the purposes of pension, if he refunds the gratuity on such
reappointment.
Government
officers appointed
to University posts
and subsequently
rejoining
Government
service.
Added by:
XLVI. 1948.4.
Amended by:
L.N.148 of 1975.
14. If any officer who has been permitted to relinquish his
office in the service of Malta to take up a full time appointment in
the University of Malta is subsequently re-appointed to an office in
the service of Malta after a lapse of not more than three calendar
months from the date of his relinquishing this full time post in the
University of Malta, the intervening period of his service in the
University of Malta shall, together with such immediately
succeeding period not in excess of three calendar months, be
deemed, for purposes of computation of pension, to be leave
without pay not granted on grounds of public policy:
Provided that the retirement from the University of Malta is for
the purpose of immediate re-employment in the service of Malta.
Pensions, etc., not
to be assignable,
etc.
Cap. 12.
Pensions, etc., to
cease on
bankruptcy.
Amended by:
XIII. 1948.2;
VI. 1958.2;
XXV. 1962.2;
LVIII. 1974.68;
XLIX. 1981.6
15. No pension, gratuity, or allowance granted under this
Ordinance shall be assignable, transferable or liable to be attached,
sequestered, or levied upon, for or in respect of any debt or claim
whatever, except in so far as is provided in article 381(3) of the
Code of Organization and Civil Procedure.
16. If any officer to whom a pension or allowance has been
granted under this Ordinance becomes a bankrupt, then such
pension or allowance shall forthwith cease:
Provided always that in any such case where a pension or
allowance ceases by reason of the bankruptcy of the pensioner, it
shall be lawful for the President of Malta, from time to time, during
the remainder of such pensioner’s life or during such shorter period
PENSIONS
[CAP. 93.
13
or periods, either continuous or discontinuous, as the President of
Malta shall think fit, to cause all or any of the moneys to which
such pensioner would have been entitled by way of pension or
allowance had he not become a bankrupt, to be paid to or applied
for the maintenance and personal support or benefit of all or any,
exclusive of the other or others, of the following, namely, such
pensioner himself and any wife, child or children of his, in such
proportion and manner as the President of Malta thinks proper and
such moneys shall be paid or applied accordingly.
17. If any officer to whom a pension or other allowance has
been granted under this Ordinance is sentenced to a term of
imprisonment by any competent court whether within or without
Malta for any crime or offence, then, in every such case, it shall be
lawful for the President of Malta to direct that such pension or
allowance shall forthwith cease:
Pensions, etc., to
cease on
conviction.
Amended by:
XIII. 1948.2;
VI.1958.2;
XXV. 1962.2;
LVIII. 1974.68.
Provided always that the pension or allowance shall be restored
with retrospective effect in the case of a person who after
conviction at any time receives free pardon:
Provided further that where a pension or allowance ceases for
the reason aforesaid it shall be lawful for the President of Malta to
cause all or any part of the moneys to which the pensioner would
have been entitled by way of pension or allowance, to be paid to or
applied for the benefit of any wife, child or children of the
pensioner, or after the expiration of his sentence, also for the
benefit of the pensioner himself, in the same manner precisely and
subject to the same qualifications and restrictions as in the case of
bankruptcy hereinbefore provided.
18. (1) With effect from 1st March, 1975, an officer who
retires on grounds listed in article 7(1)(e), to whom, whether before
or after the said date, a pension or other allowance has been granted
under this Ordinance and who is in receipt of (a) any remuneration in respect of any employment, or of
any services rendered, or of any office held; or
(b) any income deriving from the exercise of a trade,
business, profession or vocation; or
(c) any income deriving from any pension, allowance or
other payment in respect of any employment, service
or office aforesaid,
shall, until he reaches the age of sixty years, or if such officer
retires as a correctional services officer or as a member of the
Police Force until he reaches the age of fifty-five years, or until the
twenty-fifth anniversary of his first appointment as a correctional
services officer or as a member of the Police Force, whichever is
the earlier, have his pension or other allowance reduced by the
amount by which the aggregate income established in accordance
with the following provisions of this article exceeds the salary
which is then payable in respect of the post which the officer held
on retirement, taking account only, if such salary is incremental, of
the corresponding increments earned prior to retirement, or, if such
Pension etc., to be
reduced in certain
circumstances.
Amended by:
XIII. 1948.2;
VI. 1958.2;
VI. 1959.3;
XXV. 1962.2.
Substituted by:
VIII. 1975.2.
Amended by:
XIII. 1983.5;
IX. 1990.6;
VIII. 1999.6;
L.N. 408 of 2007;
XLI. 2016.23.
14
CAP. 93.]
PENSIONS
post has been abolished, an analogous post:
Provided that the yearly pension or other allowance shall in
no case be reduced to less than the sum of three hundred and fortynine euro and forty-one cents (349.41) in the case of an officer
retiring before 1st March, 1975 or the sum of one hundred and
sixteen euro and forty-seven cents (116.47) in the case of an officer
retiring on or after that date; and if the yearly pension or other
allowance does not exceed the minimum payable as aforesaid no
reduction shall be made therefrom:
Provided further that where a correctional services officer
was in service as a prisons officer previous to his being appointed a
correctional services officer, then the date he commenced service
a s a p r i s o n s o ff i c e r s h a l l b e d e e m e d t h e d a t e o f h i s f i r s t
appointment as a correctional services officer for the purposes of
this sub-article.
(2) For the purposes of sub-article (1), the aggregate income
shall be established by adding (a) the uncommuted pension or other allowance which,
but for the provisions of this article, would have been
receivable under this Ordinance; and
(b) any remuneration or income referred to in sub-article
(1)(a), (b), or (c), or both such remuneration and
income; and
by subtracting therefrom (i)
in the case of an officer retiring before 1st
March, 1975 the yearly sum of three hundred
and forty-nine euro and forty-one cents
(349.41); and
(ii) in the case of an officer retiring on or after the
said date, the yearly sum of one hundred and
sixteen euro and forty-seven cents (116.47).
(3) Any reduction in the pension or other allowance under subarticle (1) shall be calculated on the basis of the pension or other
allowance, the remuneration or other income, and the salary,
receivable during a period of twelve months ending on 3lst
December of the year in which the reduction is due to be made, but,
subject to any adjustments that may be or become necessary for any
reason whatsoever, and in so far as practicable, shall be made from
the monthly or other periodical payments of the pension or other
allowance.
(4) Any officer to whom sub-article (1) applies shall without
delay inform the Director General (Social Security), and keep the
Director General (Social Security) at all times informed, of all the
circumstances which render the said sub-article (1) applicable to
him and the extent to which it is so applicable, and of any change in
the circumstances or extent aforesaid, and shall give the Director
General (Social Security), on request, all relevant information; and
if such officer fails to comply with any of the provisions of this
sub-article any pension or other allowance to which he may be
PENSIONS
[CAP. 93.
15
entitled under this Ordinance shall forthwith cease:
Provided that on good cause being shown the pension or
other allowance may be restored, with or without retrospective
effect, by the President of Malta.
19. (1) Where an officer holding a pensionable office who is
not on probation or agreement, or an officer holding a nonpensionable office to which he has been transferred from a
pensionable office in which he has been confirmed, dies while
serving under the Government of Malta, the President of Malta may
grant to his legal representative a gratuity of an amount not
exceeding his annual pensionable emoluments or his commuted
pension gratuity, if any, whichever is the greater.
(2) Where an officer dies after retirement from service under
the Government of Malta having been granted, or having become
eligible for, a pension under this Ordinance and the sums paid or
payable to him at the date of his death on account of such pension
including any sum awarded by way of gratuity under regulation 4
of the Pensions Regulations but excluding any additional pension
awarded in accordance with the provisions of regulation 14(1) of
the Pensions Regulations are less in total than the amount of his
annual pensionable emoluments, the President of Malta may grant a
gratuity equal to the deficiency to his legal representative.
(3) The provisions of this article shall not apply in the case of
the death of any officer where benefits corresponding to the
benefits which may be granted under this article are payable under
the Overseas Superannuation Scheme in respect of such death.
(4)
In this article (a) "annual pensionable emoluments" means the
emoluments which would be taken for the purpose of
computing any pension or gratuity granted to the
officer under this Ordinance if on the date of his death
he had retired from the public service on the ground of
ill health;
(b) "commuted pension gratuity" means the gratuity, if
any, which might have been granted to the officer
under regulation 4 of the Pensions Regulations if the
pensionable service which would be taken for the
purpose of computing any pension or gratuity granted
to him under this Ordinance had been wholly in Malta
and if, in the case of such officer as is described in
sub-article (1), on the date of his death he had retired
from the public service on the ground of ill-health and
had elected to receive a gratuity and reduced pension
or, in the case of such officer as is described in subarticle (2), he had before the date of his retirement
elected to receive a maximum gratuity and a
correspondingly reduced pension.
(5) For the purposes of this article an officer who has not been
confirme d in hi s offi ce a nd who die s in t he c ircumsta nce s
mentioned in regulation 15 of the Pensions Regulations shall be
Gratuity where
officer dies in the
service or after
retirement.
Amended by:
XV. 1944.2;
XXVI. 1946.2;
VI. 1958.2.
Substituted by:
I. 1962.5.
Amended by:
LVIII. 1974.68;
XXII. 1976.4.
16
CAP. 93.]
PENSIONS
deemed to have been confirmed in his office.
Cap. 16.
(6) The grant of any gratuity under sub-articles (1) or (2) or
any regulations made under this Ordinance, to the legal
representative of a deceased officer, shall not be deemed to affect
any right of the widow under the provisions of the Civil Code
relating to the community of acquests.
Saving as to
members of Police
force.
Added by:
XIII. 1939.5
20. Subject to the provisions of article 10 nothing contained in
this Ordinance shall prejudice the right preserved by article 4 of the
Police Force (Amendment) Ordinance, 1939, to persons serving in
the Police force on or after the 1st April, 1937 and appointed to the
Police force before the 1st February, 1939, to reckon for purposes
of pension any civil or military service prior to the date of their
appointments to the force.
Saving as to
correctional
services officers.
Added by:
VIII. 1999.7.
20A. Subject to the provisions of article 10, where a person has
been appointed a correctional services officer, any period previous
to that appointment during which that person has served as a
prisons officer or as a member of a disciplined force as defined in
article 47(1) of the Constitution shall be deemed as service as a
correctional services officer for the purposes of this Ordinance.
Application of
Ordinance.
Amended by:
XIII. 1939.6;
XXII. 1976.4.
Substituted by:
XII.1979.2.
Amended by:
XLI. 2016.24;
III.2019.42.
21. The provisions of this Ordinance shall apply to all officers
appointed to the public service of Malta after the commencement of
this Ordinance but prior to l5th January, 1979, and no pension,
gratuity or other allowance shall be payable under this Ordinance,
nor shall any other payment be made thereunder, to any person who
was not an officer before the date aforesaid, or to the widow, child
or other relative of any such person:
Provided that (i)
in respect of persons who, though not officers,
were in the public service before 15th January,
1979, and in respect of the widow, child or other
relative of any such person, the provisions of
this Ordinance shall apply in such manner and to
such extent as may be necessary to give effect to
arrangements concerning such persons made
prior to that date;
(ii) any person appointed to the Police force before
the 1st February, 1939, may, by giving notice in
writing to the Minister, elect that the law
applicable to his case prior to that date shall
continue so to apply; and
(iii) the provisions of this Ordinance shall not apply
in the case of an officer to whom, by virtue of a
notice given under article 5 of the Police Force
(Amendment) Ordinance, 1939, the provisions
of the articles repealed by that Ordinance apply:
(iv) the provisions of this Ordinance and of any
regulations
made
thereunder
shall,
notwithstanding the other provisions of this
Ordinance or of any other law, apply to any
employee in the public service who,
PENSIONS
[CAP. 93.
17
notwithstanding that he was appointed to the
public service on or after the 15th January 1979,
shall after the 15th January 1979 have served as
Principal Permanent Secretary or as Permanent
Secretary or as Cabinet Secretary or as Secretary
to the Cabinet or as Auditor General or as
Deputy Auditor General or as Ombudsman for
one full respective term or equivalent period or
in aggregate shall have served for the equivalent
period of one respective term:
Provided that nothing in this paragraph shall
exempt any employee to whom this Ordinance
applies in virtue of this paragraph from the need to
satisfy the other requirements of this Ordinance,
other than the requirement that he must have been
a public officer prior to 15th January 1979, in order
to be eligible to receive a pension thereunder.
22. The pensions granted to any persons who have retired from
the public service before the commencement of this Ordinance
shall continue to be governed by the Ordinances and regulations
under which they were granted.
Pensions granted
under former laws.
23. Where an officer shall have served with the armed forces
of Malta in time of war, the following provisions shall have effect:
War service to
count for pension
purposes.
Added by:
XXXI. 1940.2.
Amended by:
XIII. 1948.2;
VI. 1958.2;
XXV. 1962.2;
LVIII. 1974.68;
XXII. 1976.4.
(a) during the period of such service in the said forces,
including any period after the determination of the war
(in this article referred to as "military service"), he
shall be deemed, for the purposes of this Ordinance, to
have been on leave on full salary from the public
service in which he was last employed, and to have
held the substantive office last held by him in that
service, prior to military service;
(b) during any period between his leaving the public
service for the purpose of serving in the said forces
and the date of his commencing military service, he
shall, for the purposes of this Ordinance, be deemed to
be on leave without pay, not granted on grounds of
public policy, from the public service in which he was
last employed, and to have held the substantive office
last held by him in that service, prior to military
service; and during any period between the termination
of his military service and the date of his re-entering
the public service he shall, for the said purposes, be
deemed to be on leave as aforesaid from the service,
and to have held the substantive office, in which he is
re-employed:
Provided that (i)
this article shall not apply when either period
mentioned in paragraph (b) exceeds three
months, or such longer period as the President of
Malta may in any special case determine; or if
the officer fails, after serving with the said
18
CAP. 93.]
PENSIONS
forces, to re-enter the public service otherwise
than in circumstances in which he would be
permitted, under the law applicable to the public
service in which he is last employed prior to
military service, to retire on pension or gratuity,
such circumstances arising not later than the
expiration of three months, or such longer
period as may be determined as aforesaid, after
the termination of his military service;
(ii) if during any period mentioned in paragraph (a)
the officer shall have qualified for pension, or
received emoluments in lieu of pension rights,
actually in respect of military service, paragraph
(a) shall, as respects that period, have effect as if
the words "leave without salary not granted on
grounds of public policy" were substituted for
the words "leave on full salary";
(iii) if during his military service the officer shall be
injured or killed, he shall not, for the purposes of
regulations 14 and 15 of the regulations
scheduled to this Ordinance, be deemed to have
been injured or killed in the discharge of his
duty;
(iv) the provisions of this article which require that
the officer shall be deemed to have held a
specified office and to have been on leave from a
specified service shall not apply in respect of
any period during which he shall actually have
held any other substantive office and have been
on leave from any public service;
(v) save where in any particular case the President
of Malta otherwise directs, this article shall not
apply where the office in the public service last
held by the officer prior to military service was
not a pensionable office.
[CAP. 93.
PENSIONS
19
SCHEDULE
PENSIONS REGULATIONS
G ENERAL R EGULATIONS
1.
These
Regulations.
regulations
may
be
cited
as
the
Pensions
2.
Subject to the provisions of the Pensions Ordinance,
hereinafter called the Ordinance, and of these regulations, every
officer holding a pensionable office in Malta, who has been in the
service of Malta in a civil capacity for 10 years or upwards, may be
granted a pension at the rate of one five-hundred and fortieth of his
pensionable emoluments for each complete month of pensionable
service, subject to the limit described in article 10 of the
Ordinance:
Short title.
Pensions to whom
and at what rates to
be granted.
Amended by:
G.N.140 of 1949;
L.N. 1 of 1962;
L.N. 3 of 1966;
L.N. 65 of 1967;
IX. 1990.7;
VIII. 1999.8.
Provided that in the case of a correctional services officer or of
a member of the Police Force such pension shall be at the rate of
one four-hundred and fiftieth of his pensionable emoluments for
each complete month of pensionable service, subject to the limits
described in article 10 of the Ordinance.
3. (1) A judge of any of the superior courts after not less than
seven years’ service in that capacity who is compelled to retire on
account of infirmity of mind or body or who has attained the age of
sixty years, may be awarded a pension of one three-hundred and
sixtieth of his pensionable emoluments for each complete month of
his service as such judge, until the maximum rate of two-thirds is
attained; and provided that the minimum rate of pension awarded to
a judge be not less than one hundred and twenty three-hundred and
sixtieths of his pensionable emoluments.
(2) A judge of any of the superior courts who, before his
elevation to the Bench, has served in any other capacity in the
service of Malta and who has not less than ten years in all,
including the time in which he served as a judge, may be allowed to
claim a pension at the rate of one three-hundred and sixtieth of his
pensionable emoluments as a judge for each complete month of
pensionable service in any capacity.
(3) The Attorney General, after not less than seven years’
service in that capacity, if he is compelled to retire on account of
infirmity of mind or body or when he has attained the age of sixty
years, may be awarded a pension of one three-hundred and sixtieth
of his pensionable emoluments for each complete month of his
service in that office, until the maximum rate of two-thirds is
attained:
Provided that the minimum rate of pension awarded to the
Attorney General shall not be less than one hundred and twenty
three-hundred and sixtieths of his pensionable emoluments.
(4) If the Attorney General, before being appointed as such, has
served in any other capacity in the service of Malta and if he has
not less than ten years’ service in all, including the time in which
Pensions to judges.
Amended by:
G.N. 128 of 1939;
L.N. 3 of 1966;
L.N. 55 of 1970;
LVIII. 1974.68;
L.N. 148 of 1975;
L. N. 20 of 1981;
VIII. 1990.3;
XVI. 1997.9.
20
CAP. 93.]
PENSIONS
he has served as Attorney General, he may be allowed to claim a
pension at the rate of one three-hundred and sixtieth of his
pensionable emoluments as Attorney General for each complete
month of pensionable service in any capacity.
(5) A magistrate of the Courts of Magistrates who has been in
the service of Malta in a civil capacity for ten years or upwards, if
he is compelled to retire on account of infirmity of mind or body or
when he has attained the age of sixty years may be awarded a
pension of one three-hundred and sixtieth of his pensionable
emoluments for each complete month of pensionable service, until
the maximum rate of two-thirds is attained.
(6) The Auditor General and/or, the Deputy Auditor General
who, immediately preceding their appointment as such, where
eligible for pension under this Ordinance, if they are compelled to
terminate their term of office on account of infirmity of mind or
body and thereupon effectively retire from the public service, or
have attained the age of sixty on or after the expiry of that term
without it having been immediately renewed or extended may be
allowed to claim a pension at the rate of three-hundred and sixtieths
of their pensionable emoluments as Auditor General and/or Deputy
Auditor General for each complete month of pensionable service in
any capacity in the service of Malta.
Gratuity and
reduced pension.
Substituted by:
G.N. 357 of 1947.
Amended by.
VI. 1958.2:
L.N. 7 of 1961;
XXV. 1962.2;
L.N. 46 of 1965;
LVIII. 1974.68;
XXII. 1976.4;
XX.2019.4.
4. (1) Any officer to whom a pension is granted under the
Ordinance may, at his option exercisable as hereinafter provided,
be paid in lieu of such pension a pension at the rate of three-fourths
of such pension together with a gratuity equal to twelve and a half
times the amount of the reduction so made in the pension.
(2) The option referred to in sub-regulation (1) of this
regulation shall be exercisable, and if it has already been exercised
may be revoked, not later than the day immediately preceding the
date of such officer’s retirement:
Provided that if the officer does not exercise the option prior to
the day preceding the date of his retirement, the President of Malta
may, if it appears to him in all the circumstances equitable so to do,
allow him to exercise the option or to revoke such option if
previously exercised at any time between that date and the actual
date of award of pension under the Ordinance.
(3) Subject to the provisions of sub-regulation (2), if an officer
has exercised the option, his decision shall be irrevocable so far as
concerns any pension to be granted to him under the Ordinance.
(4) If an officer who has not exercised the option dies after he
has finally retired but before a pension has been awarded under the
Ordinance, it shall be lawful for the President of Malta to grant a
gratuity and a reduced pension as provided in sub-regulation (1) as
if the officer before his death had exercised the option.
Gratuities where
length of service
does not qualify for
pension.
5.
Every officer, otherwise qualified for a pension, who has
not completed ten years’ service may be granted a gratuity at the
rate of half a month’s pensionable emoluments for each complete
six months of service.
PENSIONS
[CAP. 93.
21
6.
Where a female officer having been in the service of the
Government of Malta, whether in a pensionable office or not, for a
period of not less than five years, resigns a pensionable office,
which she is not holding on probation, for the reason that she has
married or is about to marry, she may be granted a gratuity not
exceeding one-twelfth of one month’s pensionable emoluments in
respect of each completed month of service or else one year's
pensionable emoluments, whichever shall be the less, on the
production by her, within the six months following the date of her
resignation or within such longer period as the President of Malta
may in any particular case allow, of satisfactory evidence of her
marriage.
Gratuity to female
officer on
marriage.
Added by:
XXII. 1956.6.
Amended by:
L.N. 65 of 1967.
Substituted by:
L.N. 34 of 1971.
Amended by:
LVIII. 1974.68.
7.
Service shall be deemed to commence at the date on which
an officer commences to draw salary or half-salary from Malta
funds.
Commencement of
service.
8.
The service in respect of which a pension or gratuity may
be granted must be unbroken, except in cases where the service has
been i nterrupted by abolition of office or other temporary
suspension of employment, and not arising from misconduct or
voluntary resignation:
Service to be
unbroken.
Amended by:
L.N. 38 of 1980;
IX. 1990.7.
Provided that any service prior to a break of service may be
allowed to count for pension together with any service subsequent
to such break (a) if the whole intervening period has been spent in some
other employment in the service of the Republic; or
(b) if the break of service is due to termination of service
under the provisions of the Employment and Industrial
Relations Act, and any compensation payable in terms
of the said provisions has been either waived or
refunded before the commencement of the service
following the break in service, and if the Public
Service Commission in the public interest so
recommends; or
(c) in the case where an officer, having resigned from the
service, is subsequently recalled in the interest of the
service on grounds of public interest, and such recall is
so certified by the Prime Minister.
9. (1) For the purpose of computing the amount of the
pension or gratuity of an officer who has had a period of not less
than three years’ pensionable service before his retirement(a) in the …
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.