MT
WIDOWS’ AND ORPHANS’ PENSIONS ACT
Table of Provisions (40)
Statutory Text (40 Articles)
WIDOWS’ AND ORPHANS’ PENSIONS
CHAPTER 58
WIDOWS’ AND ORPHANS’ PENSIONS ACT
To make provision for granting pensions to Widows and Children of
deceased Public Officers.
(1st July, 1927) *
Enacted by ACT XIX of 1927, as amended by Act XXVIII of 1929;
Ordinances: XLIV of 1935, XVIII of 1937, † I and VIII of 1943, XV of 1948;
Emergency Ordinance VI of 1958; Ordinances: VI and IX of 1959, XVIII,
XXI and XXV of 1962; Legal Notices: 4 of 1963, 46 of 1965; Acts: LVIII of
1974, XXII of 1976, XI of 1977 and XIII of 1983; Legal Notice 408 of 2007;
and Act XLI of 2016.
This Act may be cited as the Widows’ and Orphans’
Pensions Act.
Synopsis of Rules
PUBLIC
OFFICER
WHO
COMMENCED
TO
CONTRIBUTE WHILE A BACHELOR.
F IRST W IFE ’ S P ROSPECTIVE P ENSION .
(A) Pension in consideration of the contributions paid during
bachelorhood.
(B) Pension in consideration of the annual contribution
current at the date of marriage.
(C) Variations of pension consequent on increments to, and
decrements from, the current annual contribution while
the contributor is married to his first wife.
S ECOND , A ND S UBSEQUENT , W IFE ’ S P ROSPECTIVE P ENSION .
(D) Variations of pension consequent on increments to, and
decrements from, the current annual contribution while
the contributor is a widower.
(E) Variations of pension consequent on the remarriage of
the contributor.
(F) Variations of pension consequent on increments to, and
decrements from, the current annual contribution while
the contributor is married to his second, or subsequent,
wife.
PUBLIC
OFFICER
WHO
COMMENCED
TO
CONTRIBUTE WHILE MARRIED.
F IRST W IFE ’ S P ROSPECTIVE P ENSION .
(G) Pension in consideration of the annual contribution
current at the date of commencement of the contribution.
(H) Pension in terms of A.15 (a) of the Act.
Variations of pension consequent on increments to, and
decrements from, the current annual contribution while
the contributor is married to his first wife.
S ECOND , A ND S UBSEQUENT , W IFE ’ S P ROSPECTIVE P ENSION .
Variations of pension consequent on increments to, and
decrements from, the current annual contribution while
the contributor is a widower.
(K) Variations of pension consequent on the remarriage of
the contributor.
WIDOWS’ AND ORPHANS’ PENSIONS
(L) Variations of pension consequent on increments to, and
decrements from, the current annual contribution while
the contributor is married to his second, or subsequent,
wife.
PUBLIC
OFFICER
WHO
COMMENCED
TO
CONTRIBUTE WHILE A WIDOWER.
S ECOND , A ND S UBSEQUENT , W IFE ’ S P ROSPECTIVE P ENSION .
PENSIONS TO ORPHAN CHILDREN.
VI.
O RPHANS ’ P ENSIONS A T D EATH O F W IDOWER C ONTRIBUTOR .
(M) Case where the orphans are the issue of the same wife
(N) Case where the orphans are the issue of different wives.
VII. O RPHANS ’ P ENSIONS A T D EATH O R R EMARRIAGE O F W IDOW .
VIII. O RPHANS ’ P ENSIONS A T D EATH O F M ARRIED C ONTRIBUTOR .
PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE
CHILDREN THE AGE OF 60 YEARS OR OVER, UNDER
ARTICLE 5 (2).
PUBLIC OFFICER MARRIED OR WIDOWER WITH
CHILDREN A PENSIONABLE AGE TRANSFERRED TO
THE SERVICE OF ANOTHER BRITISH COLONY.
IX.
B ENEFICIARIES ’ P ROSPECTIVE P ENSIONS .
(O) Pension in consideration of the contributions paid during
the period of service under the Government.
(P) Pension in consideration of the contributions paid after
the transfer to another British Colony.
A to C and E. - CALCULATION OF REGISTERED PENSIONS.
A register shall be kept in which full particulars respecting each contributor shall
be recorded. In the case of a married or widower contributor the registered pension
shall be calculated and recorded as soon as he becomes a contributor and whenever
there is a change in the rate of contribution.
The registered pension shall be calculated in accordance with the following Rules
DIRECTIONS AND RULES TO BE FOLLOWED IN CALCULATING
REGISTERED PENSIONS.
A. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE A
NOTE 1. No registered pension is to be recorded unless and until the bachelor
contributor marries.
WIDOWS’ AND ORPHANS’ PENSIONS
1. F IRST W IFE ’ S P ROSPECTIVE P ENSION .
NOTE 2. The initial registered pension to be recorded on marriage is found by
adding together: (A) the pension in consideration of the contributions paid
during bachelorhood; and (B) the pension in consideration of the annual
contribution current at the date of marriage.
(A) Pension in consideration of the contributions paid during bachelorhood.
RULE 1. Accumulate the contributions at 6%, compound interest, with yearly rests
at each 31st December and multiply the result by the quantity found from Table
A, corresponding to the age next birthday of the husband and of the wife at the
date of marriage.
Double the product gives the registered pension on account of the contributions paid
during bachelorhood. Vide (A) Ex. 1.
RULE 2. If double rate of contribution is paid, under A.6 (1) (b), accumulate such
contributions at 6%, compound interest, with yearly rests at each 31st December,
and multiply the result by the quantity found from Table A, corresponding to the
age next birthday of the husband and of the wife, at the date of marriage.
This product, multiplied by 3/2, gives the registered pension on account of the
double contributions paid during bachelorhood. Vide (A) Ex. II and Note 5.
(B) Pension in consideration of the annual contribution current at the date of
marriage.
RULE 3. Turn to Table B, and multiply the amount of the current annual
contribution by the quantity found from that Table, corresponding to the age
next birthday of the husband and of the wife, at the date of marriage.
Double this product gives the registered pension on account of the annual
contribution current at the date of marriage. Vide (B) Ex. I.
RULE 4. If double rate of contribution is made under A.6 (1) (b), turn to Table B,
and multiply the amount of the total current annual contribution by the quantity
found from that Table, corresponding to the age next birthday of the husband and
of the wife at the date of marriage.
This product multiplied by 3/2 give the registered pension on account of the total
annual contribution current at the date of marriage. Vide (B) Ex. II and Note 5.
NOTE 3. The amount of the current annual contribution is obtained by multiplying
by 12 the amount of the last monthly contribution.
(C) Variations of pension consequent on increments to, and decrements from, the
current annual contribution while a contributor is married to his first wife.
RULE 5. Turn to Table B, and multiply the amount of the increment to, or the
decrement from, the current annual contribution, by the quantity found from the
Table, corresponding to the age next birthday of the husband and of the wife, at
the date of the variation of the contribution.
Double this product gives the amount to be added to, or deducted from, the
registered pension, as the case may be, consequent on the increment to, or
decrement from, the current annual contribution. Vide (i) & (ii) Ex. III.
WIDOWS’ AND ORPHANS’ PENSIONS
RULE 6. If double rate of contribution is paid under A. 6 (1) (b), instead of
doubling the product resulting from the application of the first paragraph of Rule
5, multiply that product by 3/2, and the result will give the total amount to be
added to, or deducted from, the registered pension, consequent on the increment
to, or decrement from, the total annual current contribution. Vide (i) & (ii) Ex.
IV and Note 5.
NOTE 4. The cessation of the contribution from any cause, before the completion of
the full period of contribution, must be regarded as a decrement from the current
annual contribution, equal to the amount of such current annual contribution.
Vide (iii), Ex’s III and IV.
NOTE 5.(1)In the case of an extra contribution under A. 6 (1) (b), the total
contribution shall be double that fixed by A. 6 (1) (a), provided however that the
pension resulting from the total contribution does not exceed .279.52 p.a. If the
pension exceeds .279.52 p.a., the extra contribution shall be limited to that
corresponding to the difference required to make up the pension to the maximum
of .279.52 p.a. fixed by A. 15 (b). Vide Ex. V.
(2) Should, however, the same maximum of .279.52 p.a. be exceeded in cases of
ordinary rate of contribution, the registered pension will be reduced to .279.52 p.a.,
but no reduction will be made in the contribution. Vide Ex. VIII.
(3) The amount to be deducted from the extra contribution will be determined as
illustrated in Example V.
II. S ECOND , A ND S UBSEQUENT , W IFE ’ S P ROSPECTIVE P ENSION .
(D) Variations of pension consequent on increments to, and decrements from, the
current annual contribution while the contributor is a widower.
RULE 7. Assume that the contributor is married to a wife of the age that his last
preceding wife would have attained had she lived to the date of the variation of
the contribution, and proceed as in Rule 5, or Rule 6, according to the current
annual contribution. Vide (D) Ex. VI.
(E) Variations of pension consequent on the remarriage of the contributor.
NOTE 6. No variation of the registered pension is to be recorded if the second, or
subsequent, wife was, at the date of the remarriage, of the same age next
birthday, as the last preceding wife would have attained had she lived to that
date.
RULE 8. If the second, or subsequent, wife was at the date of remarriage of a less or
greater age next birthday than the last preceding wife would have attained had
she lived to that date, multiply the amount of the registered pension by the
quantity found from Table D corresponding to the age next birthday of the
husband at the date of remarriage, and the age next birthday which the last
preceding wife would have attained had she lived to that date; multiply the
product so obtained by the quantity found from Table A corresponding to the age
next birthday of the husband and of the second, or subsequent, wife at the date of
the remarriage.
The result gives the registered pension to be recorded at the date of the remarriage
of the contributor. Vide (E) Ex. VI.
WIDOWS’ AND ORPHANS’ PENSIONS
(F) Variations of pension consequent on increments to, and decrements from, the
current annual contribution, while the contributor is married to his second, or sub-
sequent, wife.
RULE 9. Proceed as in Rule 5, or Rule 6, according to the current annual
contribution. Vide Ex’s III and IV.
B. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE
WHILE MARRIED.
III. F IRST W IFE ’ S P ROSPECTIVE P ENSION .
NOTE 7. In every case of a public officer who commenced to contribute while
married, the wife at the date of commencement of the contribution is to be
considered as the officer’s first wife, and no particulars are to be recorded
respecting any former wife to whom he may have been married, unless there is
issue of pensionable age of such former wife (See D. Pensions to Orphan
Children).
(G) Pension in consideration of the annual contribution, current at the date of
commencement of the contribution.
RULE 10. Proceed as in Rule 3, or Rule 4, according to the current annual
contribution. Vide (G) Ex. VII.
(H) Pension in terms of A.15 (a) of the Act.
RULE 11. In the case of these officers the initial registered pension is -
(G) Pension under Rule l0, plus
(H) 7/40ths of the salary on the date of the promulgation of the Act, provided that
the latter amount shall in no case exceed .139.76 - A. l5 (a) - and provided also that
in no case shall the total registered pension accruing under this Rule exceed the
sum of .279.52 p.a. - A. I5 (b). - Should this maximum be exceeded, in the case of
extra rate of contribution under A. 6.(1)(b), the extra contribution will be reduced
as stated in Note 5. Vide Ex. VIII.
(I) Variations of pension consequent on increments to, and decrements from, the
current annual contribution while the contributor is married to his first wife.
RULE 12. Proceed as in Rule 5, or Rule 6, according to the current annual
contribution, provided that should the maximum of .279.52 p.a. be exceeded, the
extra contribution, if any, will be reduced as per Note 5.
IV. S ECOND , A ND S UBSEQUENT , W IFE ’ S PROSPECTIVE PENSION .
(J) Variations of pension consequent on increments to, and decrements from, the
current annual contribution while the contributor is a widower.
RULE 13. Proceed as in Rule 7.
(K) Variations of pension consequent on the remarriage of the contributor.
RULE 14. Proceed as in Rule 8.
(L) Variations of pension consequent on increments to, and decrements from, the
current annual contribution while the contributor is married to his second, or sub-
sequent, wife.
WIDOWS’ AND ORPHANS’ PENSIONS
RULE 15. Proceed as in Rule 5, or Rule 6, according to the current annual
contribution.
C. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE
WHILE A WIDOWER.
V. S ECOND , A ND S UBSEQUENT , W IFE ’ S P ROSPECTIVE P ENSION .
RULE 16. For the purpose of calculating the registered pension, assume that the
deceased wife lived to the date of commencement of the contribution and died
immediately afterwards; then proceed in accordance with the Rules applicable to
the cases of officers who commenced to contribute while married, that is in
accordance with Rule 10, or Rule 11, as the case may be.
D. PENSIONS TO ORPHAN CHILDREN.
VI. O RPHANS ’ P ENSIONS A T D EATH O F W IDOWER C ONTRIBUTOR .
(M) Case where the Orphans are the issue of the same wife.
RULE 17. Divide the amount of the registered pension of the widower contributor
equally among the children entitled for the time being. Vide Ex. IX.
(N) Case where the Orphans are the issue of different wives.
NOTE 8. The Rules here given provide for the case of two wives only.
RULE 18.(1)Divide equally among such of the children of the first wife as may be
entitled for the time being one moiety of the pension which the first wife would
have received had she survived the contributor.
(2) Divide equally among such of the children of the second wife as may be
entitled for the time being one moiety of the pension which the second wife would
have received had she survived the contributor, and had there been no issue of the
first wife entitled to pension.
(3) As soon as all the children of either the first wife or the second wife, have
ceased to be entitled to pension, divide equally among such of the children of the
other wife as may be entitled for the time being the whole of the pension which such
other wife would have received had she survived the contributor, and had there been
no issue, but her own, entitled to pension.
VII. O RPHANS ’ P ENSIONS A T D EATH O R R EMARRIAGE O F W IDOW .
RULE 19. Divide the amount of the widow’s pension equally among her children
entitled for the time being. Vide Ex. X.
VIII. O RPHANS ’ P ENSIONS A T D EATH O F M ARRIED C ONTRIBUTOR .
RULE 20. In the case where a contributor dies leaving a widow, and also children
the issue of a previous marriage, divide equally among such of the children of
the first wife as may be entitled for the time being one moiety of the pension
which the first wife would have received had she survived the contributor. On
the widow’s pension ceasing, divide equally among such of the children of the
first wife as may be entitled for the time being the whole of the pension which
the first wife would have received had she survived the contributor.
WIDOWS’ AND ORPHANS’ PENSIONS
NOTE 9. In this case, so long as, the children of the first wife are entitled to
pension, the widow’s pension is one moiety of that which she would have
received had there been no such children.
E. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE AT THE AGE OF
60 YEARS OR OVER, UNDER ARTICLE 5 (2).
NOTE 10. Public officers who become contributors at the age of 60 years or over,
under A. 5 (2), are to contribute until they attain the age of 65 years.
RULE 21. Proceed as indicated in the foregoing Rules and relative Examples, but
substitute Table C for Table B.
F. PUBLIC OFFICER MARRIED OR WIDOWER WITH CHILDREN OF A
PENSIONABLE AGE TRANSFERRED TO THE SERVICE OF ANOTHER
BRITISH COLONY.
IX. B ENEFICIARIES ’ P ROSPECTIVE P ENSIONS .
(O) Pension in consideration of the contributions paid during the period of
service under the Government.
(P) Pension in consideration of the contributions paid after the transfer to
another British Colony.
NOTE 11. If a contributor who is married or is a widower with children of
pensionable age, is transferred from the service of the Government to other
employment under the British Crown, or to the service of a British Protectorate,
before his contribution term has expired, he may
(i) continue to contribute at the rate he was contributing immediately before he
was so transferred, or, if his salary is reduced, at a corresponding reduced rate;
or
(ii) cease to contribute on transfer, or at any time thereafter.
In case (i) the registered pension shall consist of -
(O) pension in consideration of the contributions paid during the period of
service under the Government; and
(P) pension in consideration of the contributions paid after the transfer.
In case (ii), however, should he cease to contribute on transfer, he would be
entitled only to the pension (O) in consideration of the contributions paid during
the period of his service under the Government. Vide Ex. XI.
RULE 22. In the case of public officers transferred to another British Colony, the
registered pension in respect of the contributions paid during the period of
service under the Government, is to be calculated in the manner indicated in the
foregoing Rules; the pension, however, in respect of the contributions paid after
the transfer will be reckoned on the net values found from the Tables. Vide Ex.
XI.
WIDOWS’ AND ORPHANS’ PENSIONS
U SE O F T HE T ABLES .
Interpolation of values for wife’s age.
It will be noticed that the Tables give the husband’s age for each year of life, but
the wife’s at quinquennial intervals only.
RULE 23. The results for intermediate ages of the wife are to be determined by
taking a proportionate part of the difference.
Thus, in Table A, husband’s age 40 and wife’s 50, the value found is.......... .622
and for husband’s age 40 and wife’s 45, the value found is.......................... .524
Difference.................................................................................................. .098
Therefore, for husband 40 and wife 46, 1/ 5 of this difference (=.020 say), is added
to the lower of the above table values (.524), and the result is .544 (viz: .524+.020);
while for husband 40 and wife 47, 2 / 5 of the difference is added, and so on.
It should be carefully noted that this process is subtractive, not additive, in Table
D.
SPECIAL NOTE.
Attention is drawn to Article 15 (a) of the Act, wherein it is laid down that a
bachelor officer serving on the date of the promulgation of the Act, who marries
within three months from a date to be fixed by Government Notice, shall be credited
with a registered pension made up of the benefits accruing to him in accordance with
the Tables and Rules annexed to the Act, and with 7 / 40 ths of his salary on the date of
the promulgation of the Act.
EXAMPLES ILLUSTRATING THE METHOD OF APPLICATION
OF THE TABLES AND RULES.
A. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE A BACHELOR.
I. F IRST W IFE ’ S PROSPECTIVE PENSION
EXAMPLE I .
Application of Rules 1 and 3, and Note 2.
Office (bachelor) paying ordinary contribution under A. 6 (1) (a) -
born on ................................................................................. 31st July, 1887
commenced to contribute on .................................................. 1st April, 1928
married on ........................................................................... 30th June, 1932
Annual contribution from 1st April, 1928 to 31st December, 1930 .... L5.82
Annual contribution from 1st January, 1931 to date of marriage ........€9.32
Wife born on ..................................................................... 31st August, 1897
Officer’s age next birthday at date of marriage ........................................... 45
Wife’s age next birthday at date of marriage ................................................35
According to Note 2 - Registered Pension to be recorded on marriage =
(A) Pension in consideration of the contributions paid during bachelorhood,
plus
(B) Pension in consideration of the current annual contribution.
To determine (A) apply Rule 1, as follows: -
WIDOWS’ AND ORPHANS’ PENSIONS
Contribution from 1st April to 31st December, 1928 =
/ 12 of €5.82 ............................................................................
Contribution during 1929 .......................................................
One year’s Interest at 6% on €4.37 .........................................
Contribution during 1930 .......................................................
One year’s Interest at 6% on €10.45 .......................................
Contribution during 1931 .......................................................
One year’s Interest at 6% on €16.91 .......................................
Contribution from 1st January to 30th June, 1932 = 6 / 12 of
€9.32 .....................................................................................
Half year’s Interest at 6% on €27.24 .......................................
Accumulation of contributions paid during bachelorhood, at
date of marriage ....................................................................
Quantity found from Table A: -
} .................................. .312
Husband 45
Wife
(A) = €32.71 x .312 x 2 = €20.41 = Registered Pension in respect of the
contributions paid during bachelorhood.
To determine (B) apply Rule 3, as follows
Annual contributions current at date of marriage......................
Quantity found from Table B: -
} .................................. 2.862
Husband 45
Wife
(B) = €9.32x 2.862 x 2 = €53.33 = Registered Pension in respect of annual
contribution current at date of marriage.
. . . Total Registered Pension to be recorded on the bachelor contributor marrying
(see Note 2) is
(A)= €20.41 plus
(B)= €53.33
Total
€73.74 ........................... (i).
E XAMPLE II.
Application of Rules 2 and 4, and Note 2.
Assuming particulars as in Ex. I, but the officer paying double the contributions
therein mentioned, respectively, under A. 6 (1) (b), viz: €11.65 and €18.63.
Registered Pension to be recorded on marriage =
(A) Pension in consideration of the contributions paid during bachelorhood, plus
(B) Pension in consideration of the current annual contribution.
To determine (A) apply Rule 2, as follows: -
WIDOWS’ AND ORPHANS’ PENSIONS
Contribution from 1st April to 31st December, 1928 = 9 / 12 of
€11.65 ............................................................................................
Contribution during 1929.............................................................
One year’s Interest at 6% on €8.74 ..............................................
Contribution during 1930.............................................................
One year’ s Interest at 6% on €20.91 ...........................................
Contribution during 1931 ...........................................................
One year’s Interest at 6% on €33.82 ............................................
Contributions from 1st January to 30th June, 1932 = 6 / 12 of
€18.63
Half year’s Interest at 6% on €54.47.....................................
Accumulation of contributions paid during bachelorhood at date
of marriage ................................................................................
Quantity found from Table A
} ..............................
Husband
.312
Wife
(A) = €65.64 x .312 x 3 / 2 = €30.61 = Registered Pension in respect of contributions
paid during bachelorhood.
To determine (B) apply Rule 4, as follows
Annual contribution current at date of marriage ..........................
Quantity found from Table B: -
} ..............................
Husband
2.862
Wife
(B) = €18.63 x 2.862 x 3 / 2 = €80.00 = Registered Pension in respect of annual
contribution current at date of marriage.
. . .Total Registered Pension to be recorded on the bachelor contributor marrying (see
Note 2), is
(A) = €30.61 plus
(B) = €80.00
Total €110.61
..............................(i).
E XAMPLE III.
Application of Rule 5 and Note 4.
(C) Variations of pension consequent on increments to, and decrements from, the
current annual contribution while the contributor is married to his first wife
(ordinary contribution).
Assuming particulars as in Ex. I, and that
(i) Annual contribution increases on 31st May, 1937 .....
from €9.32 to €13.98 viz
increment of €4.66
(ii) Annual contribution decreases on 30th April, 1942 ... from €13.98 to €11.65 viz
decrement of €2.33
(iii) Annual contribution ceases on 31st March, 1945 .....
from €11.65 to nil viz
decrement of €11.65
WIDOWS’ AND ORPHANS’ PENSIONS
(i) 1937, May 31st- Increment to current
annual contribution......................................................... €4.66.
Quantity found from Table B
} ..............................
Husband
1.963
Wife
€4.66 x 1.963 x 2 = €18.29 = amount to be added to the Registered Pension, in
respect of the increment to the annual contribution.
. . . Registered Pension at marriage [Ex.I (i)] ...............................
€73.74
plus amount as above.............................................................
€18.29
. . . (c) (i) = Registered Pension on 31st May, 1937 = ...................
€92.03
(ii) 1942, April 30th - Decrement from current
annual contribution ...............................................................
€2.33
Quantity found from Table B
} ..............................
Husband
1.073
Wife
€2.33 x 1.073 x 2 = €5.00 = amount to be deducted from Registered Pension (C)
(i), in respect of the said decrement from the current annual contribution.
. . . Registered Pension (C) (i)............................................................
€92.03
less amount as above .................................................................
€5.00
. . .(C)(ii) Registered Pension on 30th April, 1942 =........................
€87.03
(iii) 1945, March 31st - Cessation of contribution, regarded as decrement from
current annual contribution, (Note 4) ........................................................... €11.65
Quantity calculated from Table B:-
} ..............................
Husband
.461
(Vide Rule 23).
Wife
€11.65 x .461 x 2= €10.74 = amount to be deducted from the previous Registered
Pension (c) (ii), in respect of the cessation of the current annual contribution.
. . . Registered Pension (c) (ii), as above ..................................................
€87.03
€ess amount as above.........................................................................
€10.74
. . .(c) (iii) Registered Pension on 31st March, 1945 = ..............................
€76.30
E XAMPLE IV.
A PPLICATION OF R ULE 6 AND N OTE 4.
(C) Variations of pension consequent on increments to, and decrements from, the
current annual contribution while the contributor is married to his first wife
(double contribution)
Assuming particulars as in Ex. II, and that
(i) Annual contribution increases on 31st May, 1937
... from €18.63 to €27.95, viz
increment of €9.32
(ii) Annual contribution decreases on 30th April, 1942
WIDOWS’ AND ORPHANS’ PENSIONS
... from €27.95 to €23.29,viz
decrement of €4.66
(iii) Annual contribution ceases on 31st March, 1945
... €23.29 to nil, viz
decrement of €2.33
(i) 1937, May 31st - Increment to current annual contribution ...................€9.32
Quantity found from Table B
} ............................................................................................ 1.963
Husband
Wife
€9.32 x 1.963 x 3/2 = €27.44 = amount to be added to the Registered Pension, in
respect of the increment to the current annual contribution.
. . . Registered Pension at date of marriage [Ex.II(i)].........................
€110.61
plus amount as above ................................................................
€27.44
. . .(C) (i) Registered Pension on 31st May, 1937 = ...........................
€138.04
(ii) 1942, April 30th - Decrement from current
annual contribution ..................................................................
€4.66
Quantity found from Table B
} ...................................................................
Husband
1.072
Wife
€4.66 x 1.072 x 3/2 = €7.49 = amount to be deducted from the previous
Registered Pension (c) (i) in respect of the said decrement, from the current
annual contribution.
. . . Registered Pension (c) (i), as above....................................................
€138.04
Registered Pension (c) (i), as above....................................................
€138.04
less amount as above ..........................................................................
€7.49
. . . (c) (ii) = Registered Pension on 30th April, 1942 = .............................
€130.55
(iii) 1945, March 31st - Cessation of contribution, regarded as decrement from the
current annual contribution, (Note 4), ................................................ €23.29.
Quantity calculated from Table B
} ..............................
Husband
.461
(Vide Rule 23).
Wife
€23.29 x .461 x 3/2 = €16.11 = amount to be deducted from the previous
Registered Pension (c) (ii), in respect of the cessation of the current annual
contribution.
. . . Registered Pension (c) (ii), as above ............................................
€130.55
less amount as above ..................................................................
€16.11
. . . (c)(iii) =Registered Pension on 31st March,1945 = ......................
€114.44
WIDOWS’ AND ORPHANS’ PENSIONS
EXAMPLE V.
Application of Note 5.
Officer (bachelor paying double rate of contribution under A. 6 (1) (b),
born on ...............................................................................................
31st July 1887
commenced to contribute on ..............................................................
1st April 1928
married on ..........................................................................................
30th June 1932
Annual Contribution 1st April, 1928 to 31st December, 1930
€17.47 x 2 = €34.94
Annual Contribution 1st January, 1931 to date of marriage
€20.38 x 2 = €40.76
Wife born on
31st August 1892
Officer’s age next birthday at date of marriage
Wife’s
Registered Pension to be recorded on marriage =
(A) Pension on consideration of the contributions paid during bachelorhood, plus
(B) Pension in consideration of the current annual contribution.
By applying Rules 2 and 4, and proceeding as in Ex. II., (A) will be found to be €92.70 and
(B), €200.19
. . . Total Registered Pension to be recorded is
(A) = €92.70 plus
(B) = €200.19
Total €292.89
This exceeds the maximum of €279.52 p.a. by €13.36; therefore the extra
contribution should be reduced in terms of Note 5 from the date of marriage.
To determine the amount by which the extra contribution should be reduced,
divide the excess (€13.36) by the last quantity found from Table B, in calculating
(B), viz: the quantity corresponding to the ages next birthday of the husband and of
the wife respectively at the date of their marriage. The quotient will give the
required reduction from the extra contribution. The process of calculation is as
follows
Quantity found from Table B
} ..............................
Husband at date of marriage
3.274
Wife at date of marriage
€13.36
3.274
= €4.08
. . . from the date of marriage
Extra contribution = €20.38 - €4.08 = €16.31, and
. . . Total contribution = €20.38 + €16.31 = €36.69 instead of 40.76 (double the ordinary
contribution).
WIDOWS’ AND ORPHANS’ PENSIONS
II SECOND, AND SUBSEQUENT, WIFE'S PROSPECTIVE PENSION.
E XAMPLE VI.
Application of Rules 7 and 8.
In this case the following variations of pension have to be considered, both in the case of
the ordinary and of the double rate of contribution, viz
(D) Variations of pension consequent on increments to, and decrements from, the
current annual contribution, while the contributor is a widower; and
(E) Variations of pensions consequent on the remarriage of the contributor.
To determine (D), apply Rule 7.
To determine (E), apply Note 6, or Rule 8, according as to whether the second, or subse-
quent, wife’s age next birthday at date of remarriage, is, or is not, the same as the last pre-
ceding wife would have attained had she lived to that date.
(D) Application of Rule 7.
Assuming particulars as in Ex. IV, except that the first wife who was born on 31st August
1897, died on 30th April 1935, it would be assumed that the contributor was, at the date of
each of the three variations of the contribution, married to a wife who was born on the 31st
August, 1897. The method of calculation will be that set forth in Ex. IV.
(E) Application of Rule 8.
Assuming particulars as in Ex. II, and that
First wife died on ......................................................................................... 30th April, 1935
Contributor remarried on .......................................................................... 31st March, 1937
Second, or subsequent wife born on ................................................... 30th September, 1902
Contributor’s age next birthday at date of remarriage ....................................................... 50
Second, or subsequent wife’s age next birthday at date of remarriage .............................. 35
Age next birthday which the first wife would have been, had she lived to the date of remar-
riage ................................................................................................................................... 40
1927, March 31st- The second, or subsequent wife being of an age next birthday at the date
of the remarriage less than that which the first wife would have been, had she lived, the
Registered Pension €110.61 - Ex. II (i) is to be re-calculated by applying Rule 8, as fol-
lows
Quantity found from Table D: -
} ................... 3.594
Husband at date of remarriage,
Wife at date of remarriage
Quantity found from Table A:-
} ................... .245
Husband at date of remarriage,
Second, or subsequent wife, at date of remarriage
(E) = €40.721 x 3.594 x. 245 = €110.61 = Registered Pension on the date of
remarriage (31 st March, 1937).
WIDOWS’ AND ORPHANS’ PENSIONS
N.B: If the Second, or subsequent, wife’s age next birthday at the date of
remarriage, be the same as that which the last preceding wife would have attained
had she lived to that date, no variation in the Registered Pension will be recorded.
Vide Note 6.
(F) Moreover, should the current annual contribution be increased or decreased
while the contributor is married to his second, or subsequent, wife, apply Rule
9. B. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE MARRIED.
III. FIRST WIFE'S PROSPECTIVE PENSION.
Application of Rules 10 and 11, and Note 7.
(a) In the case of new officers entering the service after the commencement of the
Act Art. 4(1) apply Note 7, and record only the Registered Pension (G) in
consideration of the annual contribution current at the date of commencement of the
contribution, to be determined as directed in Rule 10, as follows: -
EXAMPLE VII.
Application of Rule 10.
Officer entering the service after commencement of this Act, viz: after 1st July, 1927
born on .............................................................................................. 30th June, 1903
married on .................................................................................... 31st October, 1925
and commenced to contribute date of entry on ........................30th September, 1927
Salary ................................................................................................................ 8582.34
Annual contribution (ordinary) current on date of entry........................................Ä14.56
Wife born on..................................................................................... 30th April, 1908
Officer’s age next birthday on date of entry .......................................................... 25
Wife’s age next birthday on date of entry of husband ............................................20
1927, September 30th-Current annual contribution .............................................
Ä14.56
Quantity found from Table B
} ..............................
Husband 25
6.952
Wife
(G) €14.56 x 6.952 x 2 = €202.42 = Registered Pension in respect of the annual
contribution current at the commencement of contribution.
(b) In the case of officers serving on the date of the promulgation of the Act, who
are, on that date, married or widowers with children of pensionable age
[s.15(a)], the initial Registered Pension to be recorded is
(G) Pension under Rule 10, as in case (a) above, plus
(H) 7/49ths of the salary on date of promulgation of the Act, provided, however,
that in no case shall the maximum of L139.76 and L279.52 20 p.a.
respectively, fixed in s. 15, be exceeded.
WIDOWS’ AND ORPHANS’ PENSIONS
EXAMPLE VIII.
Application of Rule 11.
Officer serving on the date of the commencement of the Act.
Assume particulars as in the next preceding example, except that the officer
entered the service before the date of the commencement of the Act, and that,
therefore, his case falls under s 15(a).
Registered Pension to be recorded is
(G) = Pension under Rule 10, as in Ex: VII, ...................................
€202.42
plus
(H) = 7/40ths of €582.34, as per A. 15 (a) .....................................
€101.91
. . . Total initial Registered Pension = ..................................................
€304.33
As this Registered Pension exceeds €279.52, it should be reduced to €279.52 p.a.;
but as only ordinary contribution is involved in this case, the current annual
contribution is not to be reduced. Vide para. 2 of Note 5.
(I) Variations of pension consequent on increment to, and decrement from, the
current annual contributor is married to his first wife.
Apply Rule 12.
IV. SECOND, AND SUBSEQUENT, WIFE'S PROSPECTIVE PENSION.
(J) Variations of pension consequent on increments to, and decrements from, the
current annual contribution while the contributor is a widower.
Apply Rule 13.
(K) Variations of pension consequent on the re-marriage of the contributor.
Apply Rule 14.
(L) Variations of pension consequent on increments to, and decrements from, the
current annual contribution while the contributor is married to his second, or
subsequent, wife.
Apply Rule 15.
C. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE WHILE A
WIDOWER.
V. SECOND, AND SUBSEQUENT, WIFE'S PROSPECTIVE PENSION.
Apply Rule 16.
D. PENSIONS TO ORPHAN CHILDREN.
VI. ORPHANS’ PENSIONS AT DEATH OF WIDOWER CONTRIBUTOR.
(M) Case where the Orphans are the issue of the same wife.
WIDOWS’ AND ORPHANS’ PENSIONS
EXAMPLE IX.
Application of Rule 17.
Registered Pension of widower contributor at his death is ............................... €104.82 p.a.
Children entitled to pension at contributor’s death
Spinster daughter aged ........................................................................................... 19
Son aged................................................................................................................. 14
Son aged................................................................................................................ 12
Each of the three children will receive a pension of €104.82/3 = €34.94 p.a.
If the spinster daughter marry at the age of 20, the two sons will each receive a
pension of €104.82/2 = €52.41 p.a.
If subsequently one of the sons dies, whilst the other is still of pensionable age,
the latter will receive the full pension of €104.82 p.a.
(N) Case where the Orphans are the issue of different wives.
Apply Rule 18.
N.B. - This Rule provides for the case of two wives only, but the principle holds good for
any number of wives.
VII. ORPHANS’ PENSIONS AT DEATH OR RE-MARRIAGE OF WIDOW.
Apply Rule 19.
EXAMPLE X.
Application of Rule 19.
Amount of widow’s pension at her death or remarriage . .................................. €104.82 p.a.
Children entitled to pension at her death or remarriage
Assuming the particulars as in Ex. IX. proceed as therein indicated.
VIII. ORPHANS’ PENSIONS AT DEATH OF MARRIED CONTRIBUTOR.
Apply Rule 20 and Note 9.
E. PUBLIC OFFICER WHO COMMENCED TO CONTRIBUTE AT THE AGE OF
60 YEARS OR OVER, UNDER ART. 5 (2).
Apply Rule 21.
WIDOWS’ AND ORPHANS’ PENSIONS
F. PUBLIC OFFICER MARRIED OR WIDOWER WITH CHILDREN OF A
PENSIONABLE AGE TRANSFERRED TO THE SERVICE OF ANOTHER
BRITISH COLONY.
Apply Rule 22 and Note 11.
EXAMPLE XI.
Application of Rule 22 and Note 11.
Officer entering the service after the commencement of this Act,
born on .............................................................................................. 30th June, 1903
married on .................................................................................... 31st October, 1925
Commenced to contribute on date of entry ............................. 30th September, 1927
Salary ..................................................................................................................€582.34
Annual contribution (ordinary) current on date of entry ......................................€14.56
Wife born on .................................................................................... 30th April, 1908
Officer transferred on ................................................................. 31 st October, 1932
Officer’s age next birthday on date of entry ...........................................................25
Wife’s age next birthday on date of entry of husband ............................................20
Officer’s age next birthday on date of transfer .......................................................30
Wife’s age next birthday on date of transfer of husband.........................................25
Annual contribution after the transfer, same as before, ........................................€14.56
Annual contribution current on entry ...................................................................€14.56
According to Note 11, case (i) - Registered Pension to be recorded on the date of transfer =
(O) Pension in consideration of the contributions paid during the period of service under
the Government, plus
(P) Pension in consideration of the contributions paid after the transfer.
To determine (O) apply Rule 22, as follows
Quantity found from Table B
} ..............................
Husband, on date of entry,
6.952
Wife, on date of entry of husband,
. . . €14.56 x 6.952 x 2 = €202.42 = Registered Pension in respect of the annual contribution
current on date of entry (i).
N.B: - Although the current annual contribution before and after the transfer, in
this particular case, is the same, yet for the purpose of facilitating the calculation of
the two partial pensions, the contribution should be regarded as ceasing at the end of
the period of service under the Government - viz., on the date of the transfer - and to
start again on the same date as the commencement of the period of contribution after
the transfer.
Regarding, therefore, the cessation of the current annual contribution, on the date
of the transfer, as a decrement of €14.56 from the same contribution,
Quantity found from Table B
} ..............................
Husband, on date of transfer
5.998
Wife, on date of transfer of husband,
WIDOWS’ AND ORPHANS’ PENSIONS
. . . €14.56 x 5.998 x 2 = €174.64 = amount to be deducted from the previous Registered
Pension
(i) in respect of the cessation of the contribution. . . (ii)
. . . (O)=Registered Pension (i), as above .......................
€202.42
less amount (ii), as above ................................
€174.64
€27.78 .......... Registered
Pension in respect of the contributions paid during the period of service under the
Government..................................(iii)
Again, regarding the same annual contribution of €14.56 as the first contribution
of the period after the transfer, and the quantity found from Table B being obviously
the same as the above (viz: 5.998),
(P) = €14.56 x 5.998 x 1 = €87.32 = Registered Pension in respect of the
contribution after the transfer (iv),
. . . Total Registered Pension to be recorded is
(iii) = €27.78
plus
(iv) = €87.32
Total €115.10
In the case in which the contribution (€14.56 p.a.) ceases definitely on the date of
the transfer, the Registered Pension will be limited to the first partial Registered
Pension (iii), that is, to €27.78 p.a.
(1) In this Act, if not inconsistent with the context, the
following expressions shall have the meaning hereinafter
respectively assigned to them, namely
"appointed" includes "appointed on probation";
"an approved scheme" means a scheme for the granting of
pension to the widows and children of government officers which
has been declared by the Minister to be an approved scheme for the
purposes of subarticle (3) of article 5 of this Act; ‡
"beneficiary" means and includes -
(a) the widow of a contributor;
(b) the children of a contributor by his marriage with any
wife dying in his lifetime and his children legitimated
by subsequent marriage with any such wife, who are
alive and of pensionable age at the death of their
father;
"contributor" means a contributor under this Act and includes a
person who has ceased to contribute in such circumstances that he
continues to rank for benefit under this Act;
"Government" means Government of Malta;
"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;
"monthly" and "month" refer to calendar month;
*See original article 36 of the Act which article has been omitted under the S.L.R.O.,
1936, the Statute Law Revision Act 1980, and Government Notice No. 232 of the 1st
July, 1927.
†Original article 32 of the Act was repealed by this Ordinance with effect from the 1st
April, 1937.
‡For list of "approved schemes" see Government Notice No. 659 of 3rd December
1942, Government Notice No. 209 of 4th May 1945, Government Notice No. 58 of 6th
February 1948, and Government Notice No. 81 of 17th February 1948.
WIDOWS’ AND ORPHANS’ PENSIONS
"of a pensionable age", as applied to children, means, in the case
of a male, that he is under the age of eighteen years, and, in the case
of a female, that she is under the age of twenty-one years and has
not been married.
A child shall be deemed to cease to be of a pensionable age
within the meaning of this Act, if a male, on attaining the age of
eighteen years or dying under that age, and if a female, on attaining
the age of twenty-one years or marrying or dying under that age;
"public officer" or "officer" means any person permanently
employed in the service of the Government and holding a
pensionable post, or a post to which a retiring allowance is a
attached under Regulation 16 of the Pensions Ordinance or a
monthly allowance under the corresponding Regulation 24 of the
Pensions Act, 1926 (now repealed) or Regulation 22 of the
Pensions Ordinance, 1905 (now repealed) in the case of officers
falling under article 20 of the said Pensions Ordinance or article 12
of the said Pensions Act, 1926 (now repealed);
"other public service" means public service not under the
Government of Malta;
"the scheme" means the scheme provided for in this Act for
granting pensions to the widows and children of public officers.
(2) When the wife of a contributor has given occasion to a
separation pronounced by judgment or authorized by decree of the
competent Civil Court on any of the grounds mentioned in articles
38, 40 and 41 of the Civil Code, such wife shall for all purposes of
this Act be deemed to have died and the contributor to have become
a widower at the date of such judgment or decree
Provided that nothing in this subarticle shall be so construed as
to deprive any such wife of her rights under this Act, if the effects
of the separation shall have ceased in the contributor’s lifetime.
(3) A child adopted by a contributor while he is married to any
wife shall, for the purposes of this Act, be deemed to be the child of
the contributor by that marriage if -
(a) the contributor adopted the child before entering the
public service or whilst in the public service;
(b) the contributor was under the age of sixty years at the
time of the adoption; and
(c) the adoption was in accordance with the law of the
place where the contributor was resident at the time of
the adoption.
(4) The child of a contributor who is adopted by any other
person -
(a) in the lifetime of the contributor, or while a pension is
being paid under this Act to the mother of that child,
shall be deemed, for the purposes of this Act, to have
died at the date of the adoption;
(b) after the death of the contributor shall, if he is being
paid a pension or a share of a pension under this Act,
WIDOWS’ AND ORPHANS’ PENSIONS
continue to be paid such pension or such share.
(5) Nothing in this article shall entitle an adopted child to be
paid a pension or a share of a pension where the payment to him of
such pension or such share would diminish the pension or the share
of a pension immediately payable or being paid on the 16th day of
February, 1962, to the widow or to any child or children by
marriage of the contributor.
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 way of pension or gratuity to persons eligible for such pension
or gratuity in accordance with this Act and with any regulations
made thereunder.
(1) Subject to the exceptions mentioned in article 5, every
new officer after the commencement of this Act shall become a
contributor under the provisions of this Act from the day on which
he commences to draw the salary of his post.
(2) Subject to the same exceptions, every officer after the
commencement of this Act may, within twelve months after such
commencement, by written notice to the Director General (Social
Security), elect to become a contributor, and if he so elects he shall
contribute as from the first day of the month next after that in
which his notice was received by the Director General (Social
Security).
(3) An officer who elects to become a contributor under
subarticle (2) of this article may if he wishes, when so electing, pay
to the Director General (Social Security), as a lump sum
contribution, an amount not exceeding the total without interest
which he might have contributed by way of annual and additional
contributions prior to the date of his so electing, as from the first of
July, 1927.
(4) An officer who has not exercised the option to become a
contributor before the thirtieth of June, 1928, may, by written
notice to the Director General (Social Security), elect to become a
contributor, within three months from a date to be fixed by
Government Notice *
Provided that such officer shall, on giving such notice, pay
to the Director General (Social Security), as a lump sum
contribution, an amount equal to the total which he would have
contributed by way of annual and additional contributions had he
exercised his right to become a contributor within the date
established by subarticle (2), with interest at six per centum per
annum, as from the first of July, 1928, to the last day of the month
in which he shall have given such notice
Provided also, that any such officer shall not be precluded
from availing himself of the provision in subarticle (3).
*See Government Notice No. 306 of the 29th August, 1929.
WIDOWS’ AND ORPHANS’ PENSIONS
(1)
The following shall not be eligible to be contributors
(a) Presidents of Malta and their Aides-de-Camp, if not
contributors before they held the positions;
(b) women, with the exception of those who, when first
appointed to the service, were widows with children;
(c) members of the clergy of any denomination.
(2) Persons who have attained the age of sixty shall not be
eligible to become contributors except those who shall be actually
in the service at the time of the commencement of this Act. Persons
who elect to become contributors after they have attained the age of
sixty years shall continue to contribute until they are retired on
their attaining the age of sixty-five years, or, if they retire earlier, in
accordance with article 23.
(3) No officer shall be required to become a contributor under
this Act if and for so long as he is contributing to an approved
scheme or if he has been transferred from other public service
Provided that no officer transferred from other public
service may elect to become a contributor under this Act unless he
gives to the Director General (Social Security) written notice of
such election within three months of the date on which he was
transferred to the service of the Government of Malta from other
public service.
(4) Subscribers to the Police Reward and Relief Fund and
Wi d o w s ’ a n d O r p h a n s ’ P e n s i o n s F u n d m a y n o t b e c o m e
contributors under this Act unless they cease to be subscribers to
the said Funds.
(1)
The rates of contribution shall be as follows
(a) an officer the maximum of whose scale of salary (or
whose actual salary if he is not on an incremental
scale) exceeds the amount given in the first column but
does not exceed that of the second column shall
contribute at the annual rate given in the third column
correspondingly -
Column 1
Column 2
Column 3
.
.
.
58.23
174.70
2.91
174.70
291.17
5.82
291.17
407.64
8. 74 407.64 524.11
11. 65 524.11 640.58
14. 56 640.58 757.05
17. 47 over 757.05 -
Ir-rati ta’ kontribuzzjoni jiġu stabbiliti fuq is-salarju fiż-
żmien tal-ħatra fil-fiss tal-kontribwent mingħajr ma jittieħed qies
ta’ ebda żieda li tkun ġiet mogħtija lilu għal xi żmien minħabba li
jkun qiegħed jaġixxi flok ħaddieħor f ’kariga oħra ta’ salarju li
huwa jista’ jkollu u mingħajr ma jittieħed qies ta’ allowances
persunali jew xort’oħra, minbarra l-allowances pensjonabbli li
jitqiesu bħala parti mis-salarju tal-kontribwent għall-finijiet tal-
kalkolu tar-rata tal-kontribuzzjonijiet tiegħu.
Jekk il-ħlas uffiċjali li jirċievi l-kontribwent jiġi mnaqqas,
jew minħabba li jitnaqqaslu s-salarju jew minħabba li jirtira
b’pensjoni, b’mod li jaqa’ taħt skala ta’ kontribuzzjoni anqas skont
l-artikolu 6, hu jista’, b’avviż bil-miktub mogħti lid-Direttur
Ġenerali (Sigurtà Soċjali) fis-sens illi jrid hekk, jissokta
jikkontribwixxi bir-rata li kien iħallas qabel sakemm jagħlaq l-età
ta’ sittin sena, u f’dan il-każ l-armla jew it-tfal ikollhom jedd għal
pensjoni ikkalkulata fuq ir-rata akbar; iżda, jekk ir-rata ta’
kontribuzzjoni tiegħu tiġi mnaqqsa, il-pensjoni lill-armla jew lit-
tfal tiġi mnaqqsa fl-istess proporzjon li kienet tiġi miżjuda kieku r-
rata tiegħu ta’ kontribuzzjoni ġiet miżjuda minflok ma ġiet
imnaqqsa.
Kull żieda fil-kontribuzzjoni titqies bħallikieku kienet
ammissjoni ġdida fl-età rispettiva tar-raġel u tal-mara fiż-żmien li
ssir iż-żieda.
*Ara Notifikazzjoni tal-Gvern Nru. 306 tad-29 ta’ Awissu, 1929.
PENSJONIJIET LIL NISA ROMOL U TFAL ILTIEMA
(1) ll-kontribuzzjonijiet kollha ta’ kull sena jitħallsu bit-
tant fix-xahar u, barra minn kif jingħad iżjed ’il quddiem, jibqgħu
jitħallsu sakemm il-kontribwent imut jew jagħlaq l-età ta’ sittin
sena
Iżda kontribwent li jkun iħallas kontribuzzjoni addizzjonali
fis-sena jista’ jagħżel, f ’kull żmien, li jaqta l-ħlas ta’ din il-
kontribuzzjoni.
(2) Dawn ir-rati huma ikkalkulati fuq is-salarju sħiħ ta’ xahar
bir-rata tas-salarju li jitħallas lill-kontribwent fl-aħħar ġurnata tax-
xahar u li għalih issir il-kontribuzzjoni.
(3) ll-kontribuzzjoni titnaqqas mill-Gvern mis-salarju pensjoni
tal-kontribwent, skont il-każ. Jekk kontribwent ikun bil-leave
b’nofs salarju jew interdett jew bil-leave mingħajr salarju, huwa
b’dan kollu jibqa’ suġġett għal kontribuzzjoni bir-rata ordinarja.
F’dan l-aħħar każ, jekk il-kontribwent innifsu ma jħallasx il-
kontribuzzjonijiet tiegħu lill-Gvern fiż-żmien li kien bil-leave
mingħajr salarju, il-kontribuzzjonijiet li jkun baqa’ lura fihom jiġu
mnaqqsa mill-ewwel salarju li jitħallas wara dak il-leave.
Il-kontribuzzjonijiet kollha jitħallsu fit-Teżor.
Il-Gvern għandu jżomm reġistri li fihom jitniżżlu: id-data
tat-twelid ta’ kull kontribwent u, jekk miżżewweġ, id-data tat-
twelid ta’ martu u tat-tfal tiegħu (jekk ikollu) u, fil-każ ta’ tifel
adottat, id-data tad-digriet ta’ adozzjoni dwaru minbarra d-data tat-
twelid tiegħu, il-partikolaritajiet tal-kontribuzzjonijiet tiegħu u
dawk id-dati u partikolaritajiet oħra dwar il-kontribwenti u l-familji
tagħhom li għandhom jitniżżlu għall-finijiet ta’ dan l-Att.
(1) Kull uffiċjal, kif jagħti avviż li jagħżel li jsir
kontribwent taħt dan l-Att, għandu jagħti bil-miktub lid-Direttur
Ġenerali (Sigurtà Soċjali)
(a) id-data tat-twelid tiegħu; u
(b) jekk miżżewweġ, jew armel, jew armel li għadda għal
żwieġ ieħor, id-data taż-żwieġ jew żwiġijiet tiegħu, id-
data tat-twelid tal-mara jew tan-nisa tiegħu mejta, id-
data tat-twelid tal-mara l-ħajja u d-data tat-twelid tat-
tfal ta’ età pensjonabbli, jekk ikollu, u, fil-każ ta’ tifel
adottat, id-data tad-digriet ta’ adozzjoni dwaru
minbarra d-data tat-twelid tiegħu.
(2) Kull kontribwent illi jiżżewweġ fiż-żmien li jkun
kontribwent għandu fi żmien tliet xhur miż-żwieġ tiegħu jgħarraf
bil-miktub lid-Direttur Ġenerali (Sigurtà Soċjali) b’dan iż-żwieġ u
jagħtih id-data tat-twelid tal-mara tiegħu.
(3) Kull kontribwent għandu jgħarraf bil-miktub lid-Direttur
Ġenerali (Sigurtà Soċjali) fi żmien tliet xhur mid-data tal-fatt -
(a) bit-twelid ta’ tarbija tiegħu jew bl-adozzjoni tiegħu ta’
xi tifel;
(b) biż-żwieġ ta’ kull tifla tiegħu taħt l-età ta’ wieħed u
għoxrin sena;
PENSJONIJIET LIL NISA ROMOL U TFAL ILTIEMA
(ċ) bil-mewt ta’ martu u bil-mewt jew adozzjoni ta’ xi
wieħed jew waħda mit-tfal tiegħu ta’ età pensjonabbli.
(4) Wara l-mewt ta’ kontribwent miżżewweġ, l-armla ta’ dak il-
kontribwent għandha tgħarraf bil-miktub lid-Direttur Ġenerali
(Sigurtà Soċjali) fi żmien tliet xhur mid-data tal-fatt -
(a) bid-data tal-mewt tal-kontribwent;
(b) bit-twelid ta’ tarbija tal-kontribwent li titwieled wara
mewtu;
(ċ) biż-żwieġ ta’ kull tifla ta’ dak il-kontribwent li tkun
taħt l-età ta’ wieħed u għoxrin sena;
(d) bil-mewt jew bl-adozzjoni tat-tfal ta’ dak il-
kontribwent fiż-żmien li jkunu ta’ età pensjonabbli.
(5) Kull dikjarazzjoni jew avviż bħal dawn għandhom jiġu
ippruvati b’ċertifikat tat-twelid, taż-żwieġ jew tal-mewt, jew
b’affidavit jew xort’oħra għas-sodisfazzjon tad-Direttur Ġenerali
(Sigurtà Soċjali). Iċ-ċertifikati tat-twelid tat-tfal għandhom
jinġiebu meta mitluba mid-Direttur Ġenerali (Sigurtà Soċjali).
(1) Il-kontribwent jew l-armla illi jonqsu jew jittraskuraw
li jesegwixxu d-disposizzjonijiet tal-artikolu ta’ qabel dan, jeħlu,
għal kull nuqqas jew traskuraġni, penali ta’ mhux iżjed minn erba’
euro u sitta u sittin ċenteżmu (4.66), illi, jekk ma tiġix imħallsa, tiġi
mnaqqsa mis-salarju jew pensjoni, tiegħu jew tagħha, skont il-każ.
(2) Il-kontribwent jew l-armla illi dolożament jagħmlu
dikjarazzjoni falza dwar xi waħda mill-partikolaritajiet li għandha
tiġi mogħtija taħt dan l-Att, huma suġġetti, fid-diskrezzjoni tal-
Ministru għat-telf tal-jeddijiet kollha tagħhom stabbiliti fil-proġett,
jew ta’ biċċa minnhom.
Bla ħsara tad-disposizzjonijiet ta’ dan l-Att -
(a) kull uffiċjal pubbliku li jkun fis-servizz fid-data tal-
promulgazzjoni ta’ dan l-Att, u li jkun, f’dik id-data,
miżżewweġ jew armel bi tfal ta’ età pensjonabbli, jew,
jekk ikun għażeb, jiżżewweġ fi żmien tliet xhur mid-
data li tiġi stabbilita b’Notifikazzjoni tal-Gvern * , u li
jagħżel li jsir kontribwent, jiġi akkreditat, b’żieda mal-
vantaġġi li jmissu skont it-Tabella u r-Regolamenti li
hawn ma’ dan l-Att, b’pensjoni reġistrata f’ammont ta’
sebgħa minn erbgħin tas-salarju tiegħu fid-data tal-
promulgazzjoni ta’ dan l-Att
Iżda, din il-pensjoni reġistrata m’għandha fl-ebda
każ tiskorri s-somma ta’ mija u disgħa u tletin euro u
sitta u sebgħin ċenteżmu (139.76) fis-sena;
(b) f’ebda każ pensjoni li ġejja bis-saħħa tas-subartikolu
(2) tal-artikolu 6 u tal-paragrafu (a) ta’ dan l-artikolu
ma tista’ tiskorri s-somma ta’ mitejn u disgħa u
sebgħin euro u tnejn u ħamsin ċenteżmu (279.52) fis-
sena;
*Ara Notifikazzjoni tal-Gvern Nru. 306 tad-29 ta’ Awissu, 1929.
PENSJONIJIET LIL NISA ROMOL U TFAL ILTIEMA
(ċ) wara l-mewt ta’ kontribwent li jħalli benefiċjarju
wieħed jew iżjed, dan il-benefiċjarju jew kull wieħed
minn dawn il-benefiċjarji għandu jirċievi pensjoni
ikkalkulata skont it-Tabelli u r-Regolamenti li hawn
ma’ dan l-Att;
(d) meta jkollhom jitħallsu pensjonijiet lil aktar minn
benefiċjarju wieħed, kull benefiċjarju għandu jirċievi
mill-pensjoni li kien jieħu kieku kien waħdu sehem fl-
istess proporzjon tan-numru wieħed man-numru kollu
tal-benefiċjarji;
(e) meta jkun hemm aktar minn benefiċjarju wieħed
qegħdin jirċievu pensjonijiet rigward l-istess
kontribwent, u xi wieħed minn dawn il-benefiċjarji ma
jibqax jeżisti fis-sens ta’ dan l-Att, il-benefiċjarju jew
benefiċjarji, jekk ikunu iżjed minn wieħed, li jibqa’
jeżisti jew li jibqgħu jeżistu, għandu jirċievi, jew kull
wieħed minnhom għandu jirċievi, mid-data li ma jkunx
baqa’ jeżisti dak il-benefiċjarju, il-pensjoni li kien
jirċievi li kieku huwa u l-benefiċjarju l-ieħor jew il-
benefiċjarji l-oħra, jekk ikun hemm, li baqgħu jeżistu,
kien jew kienu l-benefiċjarju waħdu jew il-benefiċjarji
waħidhom li kien jeżisti jew li kienu jeżistu fil-mewt
tal-kontribwent.
(1) Meta
l-benefiċjarju
jikkonsisti
fl-armla
tal-
kontribwent, il-pensjoni li titħallas lil dan il-benefiċjarju għandha,
minbarra t-tnaqqis fil-każ li tkun tilfet biċċa mill-jeddijiet tagħha
taħt is-subartikolu (2) tal-artikolu 14, tiġi mħallsa lilha u tispiċċa
jekk hi tmut, tfalli jew terġa tiżżewweġ, jew, inkella jekk titlef il-
pensjoni kollha skont id-disposizzjonijiet ta’ dak is-subartikolu.
(2) Jekk meta tispiċċa l-pensjoni kif jingħad hawn fuq, ma
jkunx hemm tfal, ħajjin u ta’ età pensjonabbli, miż-żwieġ tal-armla
mal-kontribwent, dan il-benefiċjarju jitqies li ma baqax jeżisti u l-
pensjoni li jmiss titħallas tispiċċa.
(3) Jekk meta tispiċċa l-pensjoni kif jingħad hawn fuq, ikun
hemm tfal ħajja u ta’ età pensjonabbli, din il-pensjoni tissokta u tiġi
mħallsa lil dawn it-tfal kif jingħad iżjed ’il quddiem u dawn it-tfal
jitqiesu li jikkostitwixxu benefiċjarju fis-sens ta’ dan l-Att.
Meta l-benefiċjarju jikkonsisti fit-tfal tal-kontribwent, il-
pensjoni li titħallas lil dan il-benefiċjarju hija bl-istess rata tal-
pensjoni li misset lil ommhom jew li kienet tmiss lilha li kieku
kienet ħajja u kellha jedd għal pensjoni, u tiġi mħallsa lil dawn it-
tfal f ’ishma ndaqs sakemm huma jibqgħu ta’ età pensjonabbli.
Meta wieħed minn dawn it-tfal jispiċċa li jkun ta’ età pensjonabbli,
is-sehem tiegħu jitħallas lit-tfal ħajja ta’ età pensjonabbli f’ishma
ndaqs, u meta dak li mit-tfal ta’ età pensjonabbli jibqa’ ħaj l-aħħar
jispiċċa li jkun ta’ età pensjonabbli, dan il-benefiċċjarju jitqies li
ma baqax jeżisti u l-pensjoni li titħallas lilu tispiċċa.
PENSJONIJIET LIL NISA ROMOL U TFAL ILTIEMA
(1) Ebda armla ta’ kontribwent li ż-żwieġ tagħha miegħu
jkun sar wara li hu jkun għalaq l-età ta’ sittin sena, mingħajr ma
jkun hemm tfal minn dak iż-żwieġ, ma tista’ tikkostitwixxi
benefiċjarju jew ikollha jedd għall-pensjoni taħt dan l-Att.
(2) Ebda armla ta’ kontribwent illi żewġha jkun miet fi żmien
tnax-il xahar miż-żwieġ mingħajr tfal minn dak iż-żwieġ imwielda
f’ħajtu (fiż-żwieġ jew leġittimati bi żwieġ li jsir wara) jew fi żmien
li jmiss wara mewtu, ma tista’ tikkostitwixxi benefiċjarju jew
ikollha jedd għall-pensjoni taħt dan l-Att
Iżda l-Ministru jista’ jawtorizza li tiġi mogħtija lil din l-
armla l-pensjoni kollha jew biċċa minnha li kien ikollha jedd
għaliha li kieku ma kinux iseħħu d-disposizzjonijiet ta’ dan is-
subartikolu.
Ebda tifel adottat ta’ kontribwent li jmut egħluq tnax-il
xahar mill-adozzjoni ma jkun jista’ jikkostitwixxi benefiċjarju jew
ikollu dritt għal xi pensjoni skont dan l-Att
Iżda l-Ministru jista’ jawtorizza l-għoti lil dak it-tifel tal-
pensjoni sħiħa jew ta’ biċċa minnha li kien ikollu dritt għaliha li ma
kienx minħabba d-disposizzjonijiet ta’ dan l-artikolu.
38
(b) a contributor being -
(i) an officer serving on the date of the
commencement of this Act, and of the age of
forty years or over, or
WIDOWS’ AND ORPHANS’ PENSIONS
(ii) a new officer who is of the age of forty years or
over on the date of first appointment,
may elect to make an annual contribution not exceeding double that
specified in column 3 above by written notice to the Director
General (Social Security), to be made within three months of his
first payment of contribution under this Act or of his marriage or,
with the written permission of the Minister on just cause being
shown for the delay, at any time during his contribution term
Provided that any person becoming a contributor prior to the
first of July, 1928, may elect to pay as from the date of the
commencement of his contribution the above extra contribution on
written notice to the Director General (Social Security) within three
months from a date to be fixed by Government Notice * ; and if he so
elects to make an additional annual contribution, he shall make it
accordingly as from the date on which he first became a contributor
or as from the first day of the month after that in which his notice
was received by the Director General (Social Security), as the case
may be
Provided also that no officer shall be allowed to contribute
at a higher annual rate than forty euro and seventy-six cents(40.76)
in all.
(2) A pension in consideration of the contributions under this
article shall accrue in accordance with the Tables and Rules
annexed to this Act.
7. The rates of contribution shall be fixed on the salary of the
permanent appointment of the contributor irrespective of any
temporary increment of salary which he may derive from an acting
appointment, and irrespective of personal and other allowances,
except pensionable allowances which shall be deemed to be part of
the contributor’s salary for the purpose of calculating the rate of his
contributions.
8. If the official income of a contributor becomes reduced,
whether by reduction of salary or by his retirement on a pension, so
that he comes under a lower scale of contribution under article 6, he
may, upon giving notice in writing to the Director General (Social
Security) of his desire to do so, continue to contribute at the rate
formerly paid until he attains the age of sixty years, in which case
his widow or children shall be entitled to pension accordingly; but
if his rate of contribution be reduced, any pension to his widow or
children shall be reduced in the same proportion as it would have
been increased had his rate of contribution been raised instead of
reduced.
9. Increases of contributions shall rank as if they were fresh
entrances at the respective ages of husband and wife when the
increase takes place.
*See Government Notice No. 306 of the 29th August, 1929.
WIDOWS’ AND ORPHANS’ PENSIONS
10. (1) All annual contributions shall be paid by monthly
instalments and shall, subject as hereinafter mentioned, be payable
until either the contributor dies or attains the age of sixty years
Provided that a contributor who is making an additional annual
contribution may elect to discontinue such contribution at any time.
(2) Such instalments shall be calculated on a whole month’s
salary at the rate of salary paid to the contributor on the last day of
the month in respect of which the contribution is made.
(3) The contribution shall be deducted by the Government from
the contributor ’s salary or pension, as the case may be. If a
contributor is on leave on half salary or under interdiction or on
leave without salary, he shall still be liable to contribute at the
ordinary rate. In the last mentioned case, if the contributor does not
himself pay to the Government his contributions during the period
w h e n h e w a s o n l e a v e w i t h o u t s a l a r y, t h e a m o u n t o f h i s
contributions in arrear shall be deducted from the first payment of
salary subsequent to such leave.
11. All contributions shall be paid into the Treasury.
12. Registers shall be kept by the Government in which shall
be entered the date of the birth of every contributor and, if he be
married, the dates of the births of his wife and children (if any) and,
in the case of an adopted child, the date of the adoption decree
relating to him besides the date of his birth, particulars of his
contributions and all such other dates and particulars respecting
contributors and their families as are to be recorded for the
purposes of this Act.
13. (1) Every officer shall, on giving notice of election to
become a contributor under this Act, notify to the Director General
(Social Security) in writing -
(a) the date of his birth, and
(b) if he is a married man, or a widower, or a married man
previously widowed, the date of his marriage or
marriages, the date of birth of the deceased wife or
wives, the date of birth of the living wife and the date
of birth of children of pensionable age, if any, and, in
the case of an adopted child, the date of the adoption
decree relating to him besides the date of his birth.
(2) Every contributor who marries whilst a contributor shall
within three months after his marriage notify the same to the
Director General (Social Security) in writing and state the date of
the birth of his wife.
(3) Every contributor shall notify to the Director General
(Social Security) in writing within three months of the date of the
event -
(a) the birth of any child born to him or the adoption of
any child by him;
(b) the marriage of any female child under the age of
twenty-one;
WIDOWS’ AND ORPHANS’ PENSIONS
(c) the death of his wife and the death or adoption of any
of his children of a pensionable age.
(4) After the death of any married contributor, the widow of
such contributor shall notify to the Director General (Social
Security) in writing within three months from the date of the
event -
(a) the date of the death of the contributor;
(b) the birth of any posthumous child born to such
contributor;
(c) the marriage of any female child of such contributor
under the age of twenty-one years;
(d) the death or adoption of any child of such contributor
while of a pensionable age.
(5) Any such statement or notice shall be proved by the
production of birth, death or marriage certificates or by affidavit or
otherwise to the satisfaction of the Director General (Social
Security). The birth certificates of children shall be produced when
so required by the Director General (Social Security).
14. (1) A contributor or widow who fails or neglects to
comply with any of the requirements of the last preceding article
shall, for each default, be liable to a penalty not exceeding four
euro and sixty-six cents (4.66), which if unpaid shall be deducted
from his or her salary or pension as the case may be.
(2) A contributor or widow who wilfully makes any false
statement respecting any of the particulars required to be furnished
under this Act shall be liable to forfeit at the discretion of the
Minister all or any part of his or her rights under the scheme.
15. Subject to the provisions of this Act -
(a) every public officer serving on the date of the
promulgation of this Act, and who is, on that date,
married or a widower with children of pensionable
age, or, being a bachelor, marries within three months
from a date to be fixed by Government Notice * , and
who elects to become a contributor, shall be credited,
in addition to the benefits accruing to him in
accordance with the Tables and Rules annexed to this
Act, with a registered pension equal to seven-fortieths
of his salary on the date of the promulgation of this
Act
Provided that such registered pension shall in no case
exceed the sum of one hundred and thirty-nine euro
and seventy-six cents (139.76) per annum;
(b) in no case shall a pension accruing under article 6(2)
and paragraph (a) of this article exceed the sum of two
hundred and seventy-nine euro and fifty-two cents
*See Government Notice No. 306 of the 29th August, 1929.
WIDOWS’ AND ORPHANS’ PENSIONS
(279.52) per annum;
(c) on the death of a contributor leaving one or more
beneficiaries, such beneficiary or each of such
beneficiaries shall receive a pension calculated
according to the Tables and Rules annexed to this Act;
(d) if pensions are payable to more than one beneficiary,
each beneficiary shall receive such a proportion of the
pension which he or she would have received if he or
she had been the only beneficiary, as unity bears to the
total number of beneficiaries;
(e) when there are more beneficiaries than one receiving
pensions in respect of the same contributor and any of
such beneficiaries ceases to exist within the meaning
of this Act, the beneficiary or beneficiaries, if more
than one, remaining in existence shall, or each of them
shall, as from the date of such cessation, receive the
pension he or she would have received if he or she and
the other beneficiary or beneficiaries, if any,
remaining in existence, had been the only beneficiary
or beneficiaries in existence at the death of the
contributor.
16. (1) Where a beneficiary consists of the widow of a
contributor the pension payable to such beneficiary shall, subject to
any deductions in respect of partial forfeitures under subarticle (2)
of article 14, be paid to her and shall cease on her death,
bankruptcy or remarriage, or on the forfeiture of the whole of such
pension in accordance with the provisions of that subarticle.
(2) If on such pension ceasing as aforesaid, there are no
children, living and of a pensionable age, of the marriage of such
widow with the contributor, such beneficiary shall be deemed to
cease to exist and the pension payable to it shall lapse.
(3) If on such pension ceasing as aforesaid, there are such
children living and of pensionable age, such pension shall be
continued and paid to such children as hereinafter provided and
such children shall be deemed to constitute a beneficiary within the
meaning of this Act.
17. Where a beneficiary consists of children of a contributor,
the pension payable to such beneficiary shall be at the same rate as
the pension which their mother received or would have received if
she had been alive and entitled to a pension, and shall be paid to
such children in equal shares while they remain of pensionable age.
When any of such children ceases to be of pensionable age his or
her share of such pension shall be paid to the surviving children of
pensionable age in equal shares, and when the last surviving child
of pensionable age ceases to be of pensionable age such beneficiary
shall be deemed to cease to exist and the pension payable to it shall
lapse.
WIDOWS’ AND ORPHANS’ PENSIONS
18. (1) No widow of a contributor whose marriage with him is
contracted after he has attained the age of sixty, without issue of
such marriage, shall be capable of constituting a beneficiary or
become entitled to any pension under this Act.
(2) No widow of a contributor whose husband dies within
twelve months of the marriage without children of such marriage
born in his lifetime (in wedlock or legitimated by subsequent
marriage) or in due time after his death, shall be capable of
constituting a beneficiary or become entitled to any pension under
this Act
Provided that the Minister may authorize the grant to such
widow of all or any part of the pension to which she would have
been entitled but for the provisions of this subarticle.
19. No adopted child of a contributor who dies within twelve
months of the adoption shall be capable of constituting a
beneficiary or become entitled to any pension under this Act
Provided that the Minister may authorize the grant to such
child of the whole or any part of the pension to which it would have
been entitled but for the provisions of this article.
20. If the pension of a widow ceases in her lifetime by reason
of her bankruptcy and there are no children to whom such pension
can be continued in accordance with subarticle (3) of article 16, the
Minister may authorize the payment to such widow from time to
time during the remainder of her life, or during such shorter period
or periods either continuous or discontinuous as shall be thought
fit, of an allowance at a rate not exceeding the rate of such pension
or may authorize the application of the same for the maintenance
and personal support or benefit of such widow in such manner as he
may from time to time think proper.
If a contributor, being -
(a) a bachelor; or
(b) a widower without children of a pensionable age,
leaves the service of the Government, or dies while in the service of
the Government, there shall be payable to him or his legal
representative in the case contemplated in the first place one-half of
his total contributions without interest, and in the case
contemplated in the second place, one-half without interest of the
contributions which he has paid since the death of his last wife or
the ceasing to be of a pensionable age of his last child, whichever
event shall have last happened, and on any such repayment the
contributor’s rights under this Act shall cease.
A contributor who, being -
(a) a bachelor; or
(b) a widower without children of a pensionable age,
retires on or after attaining the age of sixty years, shall
receive on retirement one-half of his contributions,
WIDOWS’ AND ORPHANS’ PENSIONS
without interest, calculated as provided in article 21
and on such repayment the contributor’s rights under
this Act shall cease.
If a contributor who is married or is a widower with
children of a pensionable age retires from the service before his
contribution term has expired and a pension is granted to him, he
may continue to contribute at the rate at which he was contributing
immediately before he left the service or at a lower rate calculated
on his pension, and his contributions shall be deducted from the
pension monthly in advance. Or he may, on, or at any time after so
leaving the service, cease to contribute. If he so ceases to
contribute, any pension payable on his death shall be so reduced as
to correspond with the payments he has made; or if in the meantime
(a) in the case of a married contributor, his wife has died and his
children, if any, have ceased to be of a pensionable age, or (b) in
the case of a widower, his children have ceased to be of a
pensionable age, he shall cease to rank for benefit under this Act
whether by way of pension or return of contributions.
A contributor who is married or who is a widower with
children of a pensionable age, to whom a pension is not granted and
who leaves the service of the Government before his contribution
term has expired, shall not be eligible to continue to contribute
thereafter, and the provisions of article 23 shall apply to him as if
he had ceased to contribute on leaving the service.
* Notwithstanding anything contained in this Act, no
contributor who is dismissed from the service of the Government
for misconduct or who, on being offered by a superior authority in
view of misconduct the option of resigning or of being dismissed,
elects to resign or who, in view of misconduct, is reduced in status
so as no longer to be an officer for the purposes of this Act, shall be
allowed to continue to contribute as from the date of his dismissal
or coerced resignation or reduction in status, and the following
provisions shall apply in each such case
(i)
if the contributor dismissed or coerced to resign
or reduced in status is a bachelor, there shall be
payable to him one-half of his total
contributions, without interest and less any debt
declared by the Director General (Social
Security) to be due to the Government by that
contributor, and on any such repayment or set-
off his rights under this Act shall cease;
(ii) if the contributor dismissed or coerced to resign
or reduced in status is a widower without
children of a pensionable age, there shall be
payable to him one-half, without interest and
less any debt declared by the Director General
(Social Security) to be due to the Government by
*See S. 6(2) of Act No. XV of 1948.
WIDOWS’ AND ORPHANS’ PENSIONS
that contributor, of the contributions which he
has paid since the death of his last wife or since
the ceasing to be of a pensionable age of his last
child, whichever event shall have happened last,
and on any such repayment or set-off his rights
under this Act shall cease;
(iii) if the contributor dismissed or coerced to resign
or reduced in status is married or is a widower
with children of a pensionable age he shall be
deemed to have retired on the day of his
dismissal or coerced resignation or reduction in
status and to have ceased to contribute as from
that day, and the appropriate provisions of article
23 shall apply to him as if he had elected to
cease to contribute as from that day.
The pensions and the refunds of contributions payable
under this Act shall be calculated by the Director General (Social
Security) and shall be paid as they become due.
All pensions payable under this Act shall commence upon
the death of the contributor in respect of whom they are payable,
shall accrue daily, and shall be payable monthly, provided that a
pension may be payable quarterly instead of monthly if the
pensioner so desires.
No pension payable under this Act and no rights of any
contributor acquired thereunder, shall be assignable or transferable,
or liable to be attached, sequestered, or levied upon, for, or in
respect of, any debt or claim whatsoever.
If the widow of a contributor while in receipt of a pension
ceases to assist, deserts, or abandons a child of hers by the
contributor whom she is bound by law to maintain and who is of a
pensionable age, the Minister may, at his discretion, order that any
portion of the pension be paid to a fit and proper person on behalf
of such child, and the widow shall have no further claim in respect
of such portion.
In all cases where under this Act the persons entitled to
pension are minors, such pension may be paid, either to the legal
guardian, or guardians, of such minors, or to such minors, or to
such person or persons as the Minister may, at his absolute
discretion, think fit and proper persons to apply the same for the
benefit of such minors, and after such payment the Government
shall be free from all responsibility in respect of such payment.
The Government may require such proof as it deems
desirable that any person claiming to be entitled to pension or on
behalf of whom such claim is made, is alive and entitled to pension,
and the payment of any pension may be refused until such proof is
furnished to the satisfaction of the Government.
(1) The Pension Tables may be revised from time to time
after investigation by an actuary appointed by the Government.
Such investigation shall take place at such dates as the Government
WIDOWS’ AND ORPHANS’ PENSIONS
may from time to time determine being not less than ten years from
the date when the scheme first came into operation or from the date
of the last investigation.
(2) If after such an investigation it is decided by the
Government that revised Pension Tables shall be adopted, the new
Pension Tables as approved by the actuary shall be substituted for
the Tables previously in force and shall come into force on a date
which shall be previously notified in the Government Gazette and
shall apply to any pensions payable in respect of a contributor
dying on or after that date but not to any pension payable in respect
of a contributor dying before that date
Provided that where any revision takes place, in no case shall an
officer be liable to an increase in the annual rate of contribution or
shall the beneficiary suffer a decrease in the pension.
All questions and disputes as to who is entitled to be
deemed a contributor, or as to the right of a widow or child to a
pension, or as to the amount of such pension, or as to the rights or
liabilities of any person under this Act, shall be decided by the
Minister, whose decision shall be binding on all parties, and shall,
to all intents and purposes, be final and not subject to appeal or to
be questioned or revised by any court of justice.
It shall be lawful for the Minister, from time to time, to
make regulations not inconsistent herewith, for the proper carrying
out of the provisions of this Act, and to repeal, alter and vary the
same.
Unless otherwise provided, all notices of election given by
officers under the provisions of this Act shall be irrevocable.
(1) Widows and orphans of civil servants who died prior
t o t h e da t e o f t h e c o m m e n c e m e n t o f t h i s A c t i f c a p a b l e o f
constituting beneficiaries, may, at the discretion of the President of
Malta, be granted a yearly pension of seven-fortieths of the last
salary enjoyed by the respective husband or father.
(2) In no event shall the pension, in such cases, exceed one
hundred and thirty-nine euro and seventy-six cents (139.76) per
annum.
(3) Such grant may be made also to widows and orphans of
civil servants who died since the first of July, 1927, but not after
the date of the issue of the Government Notice referred to in
subarticle (4) of article 4.
WIDOWS’ AND ORPHANS’ PENSIONS
(1) Widows and orphans of civil servants who retired from
the service prior to the commencement of this Act, if capable of
constituting beneficiaries, may, at the discretion of the President of
Malta, be granted a yearly compassionate allowance, as from the
first of April, 1929, equal to seven-fortieths of the last salary
enjoyed by the respective husband or father, abated by one-
twentieth for each complete year during which a pension or retiring
allowance was paid to the husband or father. The compassionate
allowance shall not be less than seven-eightieths of the said salary.
(2) In no case, however, shall the compassionate allowance
granted under this article exceed ninety-three euro and seventeen
cents (93.17) per annum, or the yearly pension or retiring allowance
paid to the husband or father, whichever is less. *
*As to special pension in certain cases to the widow and children of a medical
practitioner, whether in the employment of the Government or not or of a Sanitary
Inspector, see articles 46, 47 and 48 of the Prevention of Disease Ordinance (Chapter
36).
WIDOWS’ AND ORPHANS’ PENSIONS
TABLE A
Age of
Age of Wife
Husband
.669
.712
.766
.837
.928
1.043
1.198
1.429
1.799
2.294
2.976
.643
.689
.743
.812
.896
1.010
1.161
1.383
1.721
2.193
2.898
.619
.666
.721
.786
.865
.978
1.127
1.339
1.650
2.101
2.817
.596
.645
.700
.762
.836
.948
1.094
1.295
1.585
2.016
2.732
.575
.624
.678
.732
.809
.918
1.062
1.255
1.524
1.938
2.645
.554
.603
.658
.715
.784
.890
1.030
1.215
1.468
1.866
2.557
.535
.584
.637
.693
.759
.862
.999
1.176
1.416
1.799
2.475
.516
.564
.616
.671
.736
.835
.969
1.139
1.368
1.733
2.392
.498
.545
.596
.650
.713
.809
.939
1.102
1.323
1.672
2.309
.482
.526
.576
.629
.691
.784
.909
1.067
1.279
1.615
2.227
.465
.508
.556
.608
.670
.759
.880
1.033
1.238
1.562
2.146
.449
.491
.588
.649
.734
.852
1.000
1.198
1.511
2.062
.434
.473
.517
.568
.629
.710
.824
.968
1.159
1.460
1.972
.419
.457
.499
.548
.609
.687
.796
.937
1.121
1.410
1.876
.405
.441
.481
.529
.590
.664
.769
.907
1.085
1.362
1.786
.391
.425
.464
.510
.571
.643
.743
.878
1.049
1.316
1.704
.377
.410
.446
.493
.552
.623
.718
.849
1.015
1.271
1.629
.365
.395
.429
.475
.535
.604
.695
.820
.982
1.227
1.560
.352
.380
.413
.459
.519
.585
.673
.792
.950
1.185
1.497
.341
.366
.397
.443
.502
.567
.651
.765
.919
1.144
1.439
.329
.352
.381
.428
.487
.550
.629
.739
.888
1.104
1.385
.318
.338
.366
.414
.472
.532
.608
.715
.858
1.066
1.335
.308
.326
.352
.399
.456
.514
.587
.691
.828
1.031
1.289
.297
.313
.338
.384
.438
.495
.566
.667
.801
.998
1.245
.286
.302
.324
.369
.420
.475
.545
.644
.776
.967
1.205
.276
.290
.312
.353
.402
.455
.524
.622
.752
.938
1.167
.266
.279
.299
.338
.383
.435
.504
.601
.729
.911
1.131
.256
.269
.288
.323
.365
.415
.484
.580
.708
.885
1.098
.247
.259
.277
.308
.347
.395
.464
.560
.687
.860
1.066
.238
.250
.266
.294
.329
.376
.445
.541
.667
.836
1.034
.229
.240
.256
.280
.312
.357
.427
.521
.648
.812
1.004
.220
.232
.247
.267
.296
.339
.409
.502
.630
.787
.974
.213
.223
.237
.255
.282
.322
.391
.482
.610
.762
.942
.205
.215
.229
.244
.269
.307
.373
.461
.590
.734
.907
.197
.207
.220
.234
.257
.292
.356
.440
.566
.704
.873
.190
.200
.212
.224
.245
.278
.338
.418
.542
.674
.837
.183
.193
.204
.216
.235
.265
.321
.396
.516
.643
.802
.177
.186
.197
.208
.225
.253
.305
.375
.490
.611
.767
.170
.179
.189
.200
.216
.242
.289
.355
.465
.580
.733
.164
.173
.183
.194
.208
.231
.274
.335
.439
.548
.698
.158
.166
.176
.187
.200
.222
.259
.316
.415
.518
.664
.152
.161
.170
.181
.193
.212
.246
.298
.391
.489
.635
.147
.155
.164
.175
.186
.204
.234
.282
.369
.462
.609
.142
.149
.158
.169
.179
.196
.223
.268
.349
.438
.585
.138
.144
.152
.163
.172
.188
.214
.255
.330
.416
.565
.133
.140
.147
.157
.166
.181
.204
.243
.313
.396
.546
.129
.135
.142
.151
.160
.174
.196
.232
.296
.378
.530
.126
.130
.137
.146
.154
.168
.188
.222
.282
.362
.515
.122
.126
.132
.140
.148
.161
.181
.212
.268
.347
.500
.118
.122
.127
.134
.143
.155
.174
.204
.255
.333
.487
WIDOWS’ AND ORPHANS’ PENSIONS
TABLE B
Amended by
XXVIII. 1929.22.
Age of
Age of Wife
Husband
9.863
10.495 11.283 12.341 13.682 15.366 17.649 21.053 26.504
33.795
859
9.425
10.086 10.889 11.887 13.123 14.795 17.012 20.259 25.207
32.123
42.462
9.012
9.696 10.500 11.441 12.589 14.240 16.409 19.485 24.015
30.576
41.000
8.622
9.323 10.119 11.013 12.090 13.706 15.820 18.730 22.914
29.154
39.510
8.253
8.958 9.742 10.598 11.619 13.187 15.246 18.018 21.891
27.831
37.993
7.902
8.603 9.372 10.197 11.173 12.683 14.682 17.322 20.938
26.595
36.462
7.570
8.259 9.011 9.804 10.742 12.196 14.134 16.664 20.040
25.445
35.020
7.250
7.921 8.653 9.420 10.328 11.726 13.601 15.987 19.201
24.324
33.579
6.942
7.590 8.300 9.044 9.928 11.262 13.070 15.346 18.412
23.277
32.148
6.646
7.266 7.953 8.678 9.542 10.814 12.543 14.727 17.646
22.291
30.731
6.363
6.952 7.609 8.318 9.165 10.375 12.038 14.126 16.926
21.367
29.342
6.087
6.645 7.270 7.962 8.795 9.944 11.536 13.544 16.220
20.458
27.925
5.818
6.346 6.938 7.612 8.430 9.520 11.041 12.976 15.532
19.569
26.440
5.556
6.056 6.615 7.268 8.074 9.105 10.555 12.425 14.863
18.698
24.875
5.303
5.775 6.302 6.933 7.726 8.700 10.079 11.890 14.212
17.850
23.397
5.056
5.499 5.998 6.605 7.385 8.316 9.613 11.361 13.577
17.027
22.045
4.819
5.230 5.699 6.289 7.054 7.949 9.172 10.838 12.961
16.223
20.795
4.591
4.966 5.406 5.985 6.737 7.600 8.752 10.325 12.364
15.444
19.634
4.370
4.709 5.120 5.691 6.429 7.257 8.341 9.822 11.784
14.688
18.556
4.156
4.458 4.840 5.407 6.127 6.920 7.939 9.330 11.208
13.952
17.546
3.948
4.214 4.569 5.133 5.839 6.591 7.540 8.862 10.641
13.225
16.597
3.745
3.979 4.307 4.865 5.552 6.262 7.148 8.406 10.084
12.537
15.701
3.544
3.752 4.053 4.598 5.252 5.928 6.763 7.958 9.548
11.880
14.852
3.349
3.535 3.809 4.332 4.945 5.587 6.384 7.525 9.039
11.258
14.048
3.157
3.325 3.575 4.064 4.633 5.241 6.006 7.102 8.551
10.659
13.280
2.971
3.124 3.352 3.801 4.324 4.899 5.641 6.694 8.089
10.092
12.553
2.787
2.928 3.136 3.540 4.014 4.557 5.275 6.294 7.639
9.538
11.848
2.609
2.739 2.929 3.285 3.711 4.222 4.924 5.904 7.199
9.002
11.166
2.435
2.555 2.729 3.038 3.417 3.897 4.578 5.522 6.774
8.482
10.508
2.266
2.377 2.538 2.799 3.134 3.581 4.241 5.150 6.356
7.962
9.847
2.102
2.205 2.351 2.568 2.862 3.274 3.915 4.783 5.946
7.442
9.206
1.942
2.037 2.171 2.347 2.608 2.983 3.597 4.417 5.538
6.925
8.563
1.787
1.875 1.996 2.140 2.369 2.707 3.285 4.049 5.127
6.396
7.907
1.635
1.716 1.825 1.945 2.145 2.446 2.980 3.679 4.703
5.852
7.239
1.488
1.561 1.659 1.760 1.932 2.198 2.680 3.311 4.266
5.303
6.571
1.343
1.409 1.496 1.583 1.730 1.963 2.387 2.949 3.823
4.754
5.908
1.201
1.261 1.337 1.413 1.536 1.737 2.103 2.596 3.381
4.207
5.254
1.062
1.115 1.181 1.248 1.351 1.521 1.830 2.254 2.946
3.671
4.609
.925
.971 1.028 1.088 1.172 1.313 1.567 1.925 2.522
3.145
3.975
.789
.830
.878
.930
.998 1.113 1.315 1.611 2.113
2.637
3.357
.655
.690
.729
.775
.828
.919 1.073 1.310 1.719
2.147
2.755
.523
.551
.582
.621
.661
.729
.844 1.023 1.343
1.677
2.180
.392
.413
.436
.466
.495
.544
.624
.753
.985
1.232
1.624
.263
.276
.291
.312
.330
.361
.412
.494 .644
.808
1.080
.132
.139
.146
.157
.165
.181
.205
.244 .317
.399
.542
.071
.075
.079
.084
.089
.097
.109
.130 .168
.212
.293
WIDOWS’ AND ORPHANS’ PENSIONS
TABLE C
Amended by
XXVIII. 1929.23
Age of
Age of Wife
Husband
.5738
.5974
.6298
.6705
.7200
.7979
.9192
1.1278 1.4542
2.0229
2.9787
.4550
.4718
.4961
.5279
.5658
.6251
.7162
.8711 1.1198
1.5512
2.2873
.3388
.3508
.3673
.3901
.4182
.4600
.5251
.6325 .8095
1.1159
1.6488
.2248
.2327
.2425
.2569
.2760
.3021
.3432
.4099 .5210
.7139
1.0584
.1122
.1161
.1204
.1271
.1371
.1492
.1685
.1990 .2516
.3422
.5097
WIDOWS’ AND ORPHANS’ PENSIONS
TABLE D
Age of
Age of Wife
Husband
1.494
1.404
1.306
1.194
1.077
.959
.835
.700
.556
.436
.336
1.554
1.452
1.345
1.232
1.116
.990
.861
.723
.581
.456
.345
1.615
1.501
1.386
1.272
1.156
1.022
.887
.747
.606
.476
.355
1.677
1.551
1.429
1.313
1.196
1.055
.914
.772
.631
.496
.366
1.740
1.603
1.474
1.355
1.236
1.089
.942
.797
.656
.516
.378
1.804
1.657
1.521
1.398
1.276
1. 124
.971
.823
.681
.536
.391
1.869
1.713
1.570
1.443
1.317
1.160
1.001
.850
.706
.556
.404
1.936
1.772
1.622
1.490
1.359
1.197
1.032
.878
.731
.577
.418
2.005
1.834
1.677
1.539
1.402
1.236
1.065
.907
.756
.598
.433
2.076
1.899
1.735
1.590
1.446
1.276
1.100
.937
.782
.619
.449
2.149
1.967
1.797
1.644
1.492
1.318
1.136
.968
.808
.640
.466
2.225
2.038
1.863
1.701
1.540
1.362
1.174
1.000
.835
.662
.485
2.304
2.112
1.932
1.761
1.590
1.408
1.214
1.033
.863
.685
.507
2.386
2.189
2.004
1.824
1.642
1.456
1.256
1.067
.892
.709
.533
2.471
2.269
2.079
1.890
1.696
1.506
1.300
1.102
.922
.734
.560
2.559
2.353
2.157
1.959
1.752
1.556
1.346
1.139
.953
.760
.587
2.649
2.441
2.240
2.030
1.810
1.606
1.392
1.178
.985
.787
.614
2.741
2.534
2.328
2.103
1.868
1.656
1.438
1.219
1.018
.815
.641
2.836
2.632
2.421
2.178
1.928
1.708
1.486
1.262
1.052
.844
.668
2.934
2.735
2.519
2.255
1.990
1.762
1.536
1.307
1.088
.874
.695
3.035
2.843
2.622
2.334
2.052
1.818
1.589
1.352
1.126
.906
.722
3.140
2.955
2.730
2.417
2.118
1.878
1.645
1.399
1.166
.938
.749
3.251
3.071
2.843
2.506
2.194
1.944
1.704
1.448
1.207
.970
.776
3.368
3.191
2.961
2.604
2.281
2.019
1.767
1.499
1.248
1.002
.803
3.491
3.315
3.083
2.712
2.379
2.103
1.835
1.552
1.289
1.034
.830
3.621
3.443
3.209
2.830
2.488
2.196
1.907
1.607
1.330
1.066
.857
3.757
3.576
3.339
2.958
2.609
2.298
1.984
1.664
1.371
1.098
.884
3.899
3.714
3.473
3.096
2.741
2.409
2.066
1.723
1.413
1.130
.911
4.047
3.857
3.611
3.244
2.884
2.529
2.153
1.785
1.455
1.162
.938
4.201
4.005
3.752
3.402
3.038
2.659
2.245
1.849
1.498
1.196
.967
4.361
4.158
3.899
3.570
3.203
2.800
2.342
1.917
1.542
1.232
.996
4.527
4.316
4.050
3.747
3.372
2.948
2.445
1.991
1.588
1.270
1.027
4.699
4.479
4.207
3.924
3.544
3.102
2.556
2.074
1.638
1.313
1.062
4.877
4.648
4.370
4.101
3.719
3.261
2.677
2.168
1.696
1.363
1.102
5.061
4.823
4.539
4.278
3.897
3.425
2.810
2.274
1.765
1.420
1.146
5.251
5.004
4.714
4.455
4.078
3.594
2.955
2.392
1.845
1.484
1.194
5.448
5.191
4.895
4.632
4.261
3.768
3.112
2.522
1.936
1.556
1.246
5.652
5.384
5.082
4.809
4.445
3.947
3.281
2.664
2.038
1.636
1.303
5.866
5.584
5.275
4.986
4.630
4.131
3.462
2.818
2.151
1.725
1.365
6.090
5.791
5.474
5.165
4.816
4.318
3.654
2.984
2.275
1.823
1.432
6.323
6.005
5.679
5.344
5.002
4.509
3.860
3.162
2.410
1.930
1.504
6.556
6.225
5.891
5.527
5.188
4.704
4.065
3.352
2.555
2.046
1.574
6.789
6.451
6.110
5.717
5.383
4.903
4.270
3.542
2.706
2.165
1.642
7.022
6.683
6.336
5.916
5.587
5.106
4.475
3.733
2.863
2.284
1.708
7.256
6.920
6.569
6.128
5.800
5.313
4.681
3.925
3.026
2.403
1.771
7.491
7.162
6.809
6.355
6.022
5.524
4.889
4.118
3.195
2.522
1.831
7.727
7.409
7.057
6.599
6.253
5.740
5.099
4.302
3.370
2.641
1.888
7.959
7.661
7.313
6.860
6.493
5.962
5.311
4.507
3.550
2.760
1.943
8.199
7.918
7.577
7.138
6.741
6.191
5.525
4.703
3.735
2.879
1.998
8.441
8.180
7.848
7.433
6.997
6.427
5.742
4.900
3.925
2.998
2.052
WIDOWS’ AND ORPHANS’ PENSIONS