ACT No. V of 1988 AN ACT furrhu 10 orrund Iht Peruio/U OrdinCUlce, Cllp. /43.

I assent.

P AULXU EREB

Acting Preside nt

5th February. 1988

ACT No. V of 1988

AN ACT furrhu 10 orrund Iht Peruio/U OrdinCUlce, Cllp. /43.

BE IT ENACTED by the President, by and with the advice a nd consent

of the House of Represe ntatives, in this preR"! Parliament assembled, and

by th e authority of the same, as follo .... s:-

I. This Act may be cited as the Pension s Ordinan"" (Amendment) Act ,

1988, and shall be read and construed as o ne with the PensioM Ordinance ,

hereinafter ~ferred \0 as "the principal1awM.

Immediately after section 11 of the principal law the re shall be added AoJdi,ioo 01 ,.....

seclionllAto,b<

Ihe following new section

principal",""

IIA. (1) Saving the provisions of subsection (3) of this

section, any officer who had been in the service of Malta and who

ili«t<d "" as a consequence of the medical dispute which led to indusuial

actio n taken on the 2nd June, 1 rm, had his service tenninated or

Ju"" Im. wu suspended fmm such se("\lice or otherwise lost his employment

with the Government, may nonetheless be granted such pension

or gratuity in respect of effective service,

Such o fficer may only be emitled-

(2)

(a)

to such gratuity with effect from 19th June, 1987;

(b) to such pension-

(i) with effect from the 19th June, 1981, if he hu

attai ned the age of si%ty years on or before that date; Or

(ii) ifhe has auained the age of sixty years o n or be

fore that date a nd ltas been re-employed , with effect from

the dale of his retire ment; or

(iii) if he has nOI attained the age of sixty years on

the 19th June. 1981 and has not resnmod sc("\lice. with ef·

feet from the dale on which he has attained Ihat age; or

(iv) if he 11&5 nol attained the age of si~ly years o n

the 19th June. 1987 and has ,,"sumed service, with effect

from the dale of his relifemen! ;

and such pension or Vdluily shall. in respect of off..:crs referred to

in parngraph (a) and in sub-paragraphs (i) and (iii) of ~raph (b) of

th.i$ ,",~ion. be computed as if he ..,tired from scrvice in Malta

on Ihe day following his last day o f eff«"liV(: $Crvicc.

(3) Any service p rior to a bn:ak o f scn'ice m~y be

allowed 10 COUnt for pension purposes together " ilh any service

. ubsequt:DlIO such break and the provisions of paragraph (b) (If the

provi~ 10 regulation 7 o f IlIe Pensions Regulations shall 00( apply.

if the bn:ak of service-

<a> i§ due 10 termination of sc:rvice under subsection (8)

o f5edion III orllle looU$lrial Relations Act. 1976 as a conse·

qucrlOl: of the medical dispute referred 10 in subsection ( I); or

(b) is otherwise a oonse<jut:nce of the ",id medical

dispute.

(4) Where the grade or category in " 'hich any such

officer as is n:fcrred 10 in subsection (I ) of this section had been

e mployed hu ceased 10 e~1 as such or has b(,en absorb(,d in

anotb(,r grade or ntegory . and 5urn officn h.ad given notice to

the Su~rin terKknt of Healtlt by the 19th July . 1987 of his intention

to resume: duty or accept re-employment, but ha~ de~lined the

o ffn made to him 10 resume du.y o r 10 accept re-cmploym ..... in

an equivalem grade or categtH'J IIrKkr the conditions of...rn poS'!,

the provisions as comained in this OnIinance regarding the

abolition of post may. where applicable. apply

Provided that a ~n~ion granted as a result of lhe.

abolition o f pi$ may only he p.a~1Ible wllh e ffect from the 19th

June. 1987 and he computed '"'i if ... ch abolition loot p1aa on Ihe

l'"'it day of effect i"" service of empioymelll,

(5) The provisions of section 18 of this Ordinance shall

apply in respect of weh ufficer as is referred to in subsection (I)

of this section. who has died on or a her the 2nd June. rm.M.

Paw::d by the House o f Representatives" Sitting No. 64 of the 2nd February . 1988.

JtMMY FARR UGL A

S~abr

P. MUSCAT TI! RRI8t LE

A C/;"Ii CJtrk /0 Ih~ flouu of H~pr~s~nlot;'·es.

" .. titjo hblWIH ~J _ fR_o! /~!_ - K""i/io

tl'P"bbIi~.t mi<J.Diputim<nt to' ~t nfonnazojDni

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