PENSIONS ORDINANCE

PENSIONS

CHAPTER 93

PENSIONS ORDINANCE

To repeal and re-enact with amendments the law relating to the grant of

pensions, gratuities and other allowances to persons in the Public Service

of Malta, and to the grant of pensions and gratuities to dependants in

certain cases.

1st April, 1937

ORDINANCE XVII of 1937, as amended by Ordinances: XIII of 1939,

XXXI of 1940, XV of 1944, X, XXVI and XXXVIII of 1946, XXVI of 1947;

Proclamation XI of 1947; Acts: XIII, XIV and XLVI of 1948, XXII of 1956;

Emergency Ordinance VI of 1958; Ordinances: VI of 1959, I of 1960, XX of

1961, I and XXV of 1962; Legal Notice 46 of 1965; Acts: LVIII of 1974 and

VIII of 1975; Legal Notice 148 of 1975; and Acts: XXII of 1976, XVI of

1977, XII of 1979, XLIX of 1981, XIII of 1983, V of 1988, IX of 1990 and

VII of 1992; and, in regard to the regulations contained in the Schedule, by

Government Notices: 128 and 259 of 1939, 430 of 1940, 24 of 1941, 177

and 509 of 1943, 178 of 1944, 357 of 1947, 448 of 1948, 140 and 698 of

1949, and 600 of 1955; Act XXII of 1956; Government Notice 338 of 1957;

Emergency Ordinances: VI and XIV of 1958; Legal Notices: 7 of 1961 and

1 of 1962; Ordinance XXV of 1962; Legal Notices: 46 of 1965, 3 of 1966.

65 of 1967, 55 of 1970 and 34 of 1971; Act LVIII of 1974; Legal Notice 148

of 1975; Acts: XXII of 1976 and XI of 1977; Legal Notices: 38 of 1980, 20

of 1981, 21 of 1987 and 27 of 1988; Acts: VIII and IX of 1990, VII of 1992,

XVI of 1997, VIII of 1999 and XV of 2002; Legal Notice 211 of 2004; Acts

II and XIX of 2006; Legal Notice 408 of 2007; Acts XV of 2009 and I of

2010; Legal Notice 120 of 2012; and Acts XLI of 2016 and III and XX of

2019.

The short title of this Ordinance is the Pensions Ordinance.

PENSIONS REGULATIONS

G ENERAL R EGULATIONS

1. These

regulations

may

be

cited

as

the

Pensions

Regulations.

2. Subject to the provisions of the Pensions Ordinance,

hereinafter called the Ordinance, and of these regulations, every

officer holding a pensionable office in Malta, who has been in the

service of Malta in a civil capacity for 10 years or upwards, may be

granted a pension at the rate of one five-hundred and fortieth of his

pensionable emoluments for each complete month of pensionable

service, subject to the limit described in article 10 of the

Ordinance

Provided that in the case of a correctional services officer or of

a member of the Police Force such pension shall be at the rate of

one four-hundred and fiftieth of his pensionable emoluments for

each complete month of pensionable service, subject to the limits

described in article 10 of the Ordinance.

3. (1) A judge of any of the superior courts after not less than

seven years’ service in that capacity who is compelled to retire on

account of infirmity of mind or body or who has attained the age of

sixty years, may be awarded a pension of one three-hundred and

sixtieth of his pensionable emoluments for each complete month of

his service as such judge, until the maximum rate of two-thirds is

attained; and provided that the minimum rate of pension awarded to

a judge be not less than one hundred and twenty three-hundred and

sixtieths of his pensionable emoluments.

(2) A judge of any of the superior courts who, before his

elevation to the Bench, has served in any other capacity in the

service of Malta and who has not less than ten years in all,

including the time in which he served as a judge, may be allowed to

claim a pension at the rate of one three-hundred and sixtieth of his

pensionable emoluments as a judge for each complete month of

pensionable service in any capacity.

(3) The Attorney General, after not less than seven years’

service in that capacity, if he is compelled to retire on account of

infirmity of mind or body or when he has attained the age of sixty

years, may be awarded a pension of one three-hundred and sixtieth

of his pensionable emoluments for each complete month of his

service in that office, until the maximum rate of two-thirds is

attained

Provided that the minimum rate of pension awarded to the

Attorney General shall not be less than one hundred and twenty

three-hundred and sixtieths of his pensionable emoluments.

(4) If the Attorney General, before being appointed as such, has

served in any other capacity in the service of Malta and if he has

not less than ten years’ service in all, including the time in which

PENSIONS

he has served as Attorney General, he may be allowed to claim a

pension at the rate of one three-hundred and sixtieth of his

pensionable emoluments as Attorney General for each complete

month of pensionable service in any capacity.

(5) A magistrate of the Courts of Magistrates who has been in

the service of Malta in a civil capacity for ten years or upwards, if

he is compelled to retire on account of infirmity of mind or body or

when he has attained the age of sixty years may be awarded a

pension of one three-hundred and sixtieth of his pensionable

emoluments for each complete month of pensionable service, until

the maximum rate of two-thirds is attained.

(6) The Auditor General and/or, the Deputy Auditor General

who, immediately preceding their appointment as such, where

eligible for pension under this Ordinance, if they are compelled to

terminate their term of office on account of infirmity of mind or

body and thereupon effectively retire from the public service, or

have attained the age of sixty on or after the expiry of that term

without it having been immediately renewed or extended may be

allowed to claim a pension at the rate of three-hundred and sixtieths

of their pensionable emoluments as Auditor General and/or Deputy

Auditor General for each complete month of pensionable service in

any capacity in the service of Malta.

4. (1) Any officer to whom a pension is granted under the

Ordinance may, at his option exercisable as hereinafter provided,

be paid in lieu of such pension a pension at the rate of three-fourths

of such pension together with a gratuity equal to twelve and a half

times the amount of the reduction so made in the pension.

(2) The option referred to in sub-regulation (1) of this

regulation shall be exercisable, and if it has already been exercised

may be revoked, not later than the day immediately preceding the

date of such officer’s retirement

Provided that if the officer does not exercise the option prior to

the day preceding the date of his retirement, the President of Malta

may, if it appears to him in all the circumstances equitable so to do,

allow him to exercise the option or to revoke such option if

previously exercised at any time between that date and the actual

date of award of pension under the Ordinance.

(3) Subject to the provisions of sub-regulation (2), if an officer

has exercised the option, his decision shall be irrevocable so far as

concerns any pension to be granted to him under the Ordinance.

(4) If an officer who has not exercised the option dies after he

has finally retired but before a pension has been awarded under the

Ordinance, it shall be lawful for the President of Malta to grant a

gratuity and a reduced pension as provided in sub-regulation (1) as

if the officer before his death had exercised the option.

5. Every officer, otherwise qualified for a pension, who has

not completed ten years’ service may be granted a gratuity at the

rate of half a month’s pensionable emoluments for each complete

six months of service.

PENSIONS

6. Where a female officer having been in the service of the

Government of Malta, whether in a pensionable office or not, for a

period of not less than five years, resigns a pensionable office,

which she is not holding on probation, for the reason that she has

married or is about to marry, she may be granted a gratuity not

exceeding one-twelfth of one month’s pensionable emoluments in

respect of each completed month of service or else one year's

pensionable emoluments, whichever shall be the less, on the

production by her, within the six months following the date of her

resignation or within such longer period as the President of Malta

may in any particular case allow, of satisfactory evidence of her

marriage.

7. Service shall be deemed to commence at the date on which

an officer commences to draw salary or half-salary from Malta

funds.

8. The service in respect of which a pension or gratuity may

be granted must be unbroken, except in cases where the service has

been i nterrupted by abolition of office or other temporary

suspension of employment, and not arising from misconduct or

voluntary resignation

Provided that any service prior to a break of service may be

allowed to count for pension together with any service subsequent

to such break -

(a) if the whole intervening period has been spent in some

other employment in the service of the Republic; or

(b) if the break of service is due to termination of service

under the provisions of the Employment and Industrial

Relations Act, and any compensation payable in terms

of the said provisions has been either waived or

refunded before the commencement of the service

following the break in service, and if the Public

Service Commission in the public interest so

recommends; or

(c) in the case where an officer, having resigned from the

service, is subsequently recalled in the interest of the

service on grounds of public interest, and such recall is

so certified by the Prime Minister.

9. (1) For the purpose of computing the amount of the

pension or gratuity of an officer who has had a period of not less

than three years’ pensionable service before his retirement-

(a) in the case of an officer who has held the same office

for a period of three years immediately preceding the

date of his retirement, the full annual pensionable

emoluments enjoyed by him at that date in respect of

that office shall be taken;

(b) in the case of an officer who at any time during such

period of three years has been transferred from one

office to another, but whose pensionable emoluments

have not been changed by reason of such transfer or

transfers, otherwise than by the grant of any scale

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increments, the full annual pensionable emoluments

enjoyed by him at the date of his retirement in respect

of the office then held by him shall be taken;

(c) in other cases one third of the aggregate pensionable

emoluments enjoyed by the officer in respect of his

service during the three years of his service

immediately preceding the date of his retirement shall

be taken

Provided that -

(i) if such one third is less than the highest annual

pensionable emoluments enjoyed by him at the

date of any transfer within such period of three

years those annual pensionable emoluments

shall be taken; and

(ii) if such one third is less than the annual

pensionable emoluments which would have been

enjoyed by him at the date of his retirement, if

he had continued to hold any office from which

he has been transferred at any time during such

period of three years, and had received all scale

increments which, in the opinion of the

President of Malta would have been granted to

him, the annual pensionable emoluments which

would have been so enjoyed shall be taken.

(2) For the purpose of determining under paragraph (1) the

pensionable emoluments that an officer has enjoyed or would have

enjoyed, as the case may be, he shall be deemed -

(a) to have been on duty on full pensionable emoluments

throughout the period of three years immediately

preceding the date of his retirement; and

(b) to have enjoyed the benefit of any increase due to a

revision of salaries in the pensionable emoluments of

any office held by him as if such increase had been

payable throughout such period of three years.

(3) For the purpose of computing the amount of the pension or

gratuity of an officer who has had a period of less than three years’

pensionable service before his retirement -

(a) the average annual pensionable emoluments enjoyed

by him during such period shall be taken;

(b) he shall be deemed to have been on duty on full

pensionable emoluments throughout such period; and

(c) he shall be deemed to have enjoyed the benefit of any

increase due to a revision of salaries in the pensionable

emoluments of any office held by him as if such

increase had been payable throughout such period.

(4) In no circumstances shall the pensionable emoluments to be

taken exceed the full annual pensionable emoluments enjoyed by

the officer at the date of his retirement in respect of the office then

held by him.

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(5) In the case of an officer to whom regulation 10(1)(e)

applies, the date of retirement shall

(a) where such officer reaches the age of retirement; or

(b) where in the case of such an officer who had been

dismissed when that officer was a correctional services

officer or a member of the Police Force, such officer

would but for his dismissal have completed twenty-

five years’ service; or

(c) where such officer dies;

before his dismissal has been declared null by the competent

authority, be deemed to be the day on which such officer reaches

the age of retirement, or in the case referred to in paragraph (b) the

day on which he would have completed twenty-five years service,

or on which he dies, whichever is the earlier, and his pensionable

emoluments to be taken in consideration shall be those which he

would have been receiving on such date had he not been so

10. (1) For the purpose of computing the amount of an

officer’s pension or gratuity the following periods shall be taken

into account as pensionable service

(a) any periods during which he has been on duty;

(b) any period during which he received half salary from

Malta funds while proceeding to Malta on first

appointment;

(c) any periods during which he has been absent from duty

on leave with full or half salary;

(d) any periods during which he has been absent from duty

on leave without salary, granted on grounds of public

policy with the approval of the President of Malta, and

during which he has not qualified for pension or

gratuity in respect of other public service;

* (e) any period following dismissal from the service, where

such dismissal is subsequently declared to have been

invalid by a competent authority, up to

(i) the time of reinstatement; or

(ii) the date where such officer would have

completed thirty years’ service, or in the case of

an officer who was dismissed when that officer

was a correctional services officer or a member

of the Police Force twenty-five years’ service; or

(iii) the date on which such officer would have to

retire because of age; or

(iv) the date when such officer dies, whichever is the

earlier.

And any periods during which he has been absent on leave other

than those specified above shall be deducted from the officer’s total

*See article 8 of Act IX of 1990.

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service in order to arrive at his period of pensionable service.

(2) Where a period of service in a civil capacity in respect of

which a retiring pension can be granted under regulation 16 is

immediately followed by service in a pensionable office, such

period may be taken into account.

(3) Where a period of service in a capacity in respect of which

a gratuity can be granted under regulation 18, is immediately

followed by service in a pensionable office such period may

likewise be taken into account.

(4) For the purpose of computing the amount of the pension or

gratuity of an officer who, during some period of his service in a

pensionable office in Malta, has been on the active list of the

Armed Forces of Malta, the whole or any part of such period during

which no pension contributions have been paid by Malta, or if paid,

have been refunded, may be taken into account.

* (5) For the purpose of subregulation (1)(e) and of regulation

9(5), the term "dismissal" shall be deemed to include "compulsory

retirement on the ground of public interest" and the term

"dismissed" shall be construed accordingly.

11. Where an officer has performed acting service in a

pensionable office in Malta, the period of such service may be

taken into account as pensionable service

Provided that -

(a) the period of such acting service was not part of the

pensionable service of the previous holder of the office

and does not fall to be reckoned as part of the officer’s

own pensionable service in other public service;

(b) this period of service is immediately preceded or

followed by service in a substantive capacity in a

pensionable office in Malta.

12. If an officer holding a pensionable office retires or is

removed from the service in consequence of the abolition of his

office, or for the purpose of facilitating improvements in the

organization of the department to which he belongs, by which

greater efficiency and economy can be effected, he may be granted

a pension

Provided, however, that if he has been in the service of Malta

for less than the qualifying period of ten years, he may be granted a

pension calculated in accordance with regulation 2 as if there had

been no qualifying period

And provided also that the grant of such pension shall be

subject to the condition that he shall be liable to be recalled to

service in Malta

Provided further that if such an officer is not qualified for other

employment in the public service or if there is no reason, in the

*See article 8 of Act IX of 1990.

PENSIONS

opinion of the President of Malta, to expect that he can be shortly

re-employed, a pension may be granted to him free from the

abovementioned condition.

13. An officer whose office is abolished may be granted an

increase of his pension at the rate of one-sixtieth part of his annual

pensionable emoluments for each complete period of three years’

pensionable service

Provided -

(a) the addition shall in no case exceed ten-sixtieths; and

(b) no addition shall be made so as to qualify an officer for

a pension of higher annual value than that for which he

would have been qualified by length of service on

reaching the age at which he may be required to retire,

or for a pension of higher annual value than the

maximum prescribed in article 10 of the Ordinance.

14. (1) Where an officer has been permanently injured -

(a) in the actual discharge of his duty, and

(b) without his own default, and

(c) by some injury specifically attributable to the nature of

his duty or as a result of enemy action or counter

enemy action,

and his retirement is thereby necessitated or materially accelerated,

he may, if he is qualified for a pension under regulation 2, be

granted, in addition to the pension granted to him under that

regulation, an additional pension at the rate of the proportion of his

actual pensionable emoluments at the date of his injury appropriate

to his case as shown in the following table

When his capacity to contribute to his own support is-

slightly impaired............................................. five-sixtieths;

impaired .......................................................... ten-sixtieths;

materially impaired..................................... fifteen-sixtieths;

totally destroyed ........................................ twenty-sixtieths

Provided that the amount of the additional pension shall be

reduced to such an extent as the President of Malta shall think

reasonable in the following cases

(i)

where the injured officer has continued to serve

for not less than one year after the injury in

respect of which he retires;

(ii) where the injured officer is at the date of injury

within ten years of the age at which he may be

required to retire; or

(iii) where the injury is not the sole cause of

retirement, but the retirement is caused partly by

age or infirmity not due to the injury

Provided also that the total amount of the additional pension

shall not exceed the amount prescribed in article 10(4) of the

Ordinance.

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* (2)

An officer so injured, whose length of service is not such as

to qualify him for a pension under regulation 2 but who is qualified

for a gratuity under regulation 5, may nevertheless be granted in

lieu of such gratuity a pension at the rate of one five-hundred and

fortieth, or in the case of an officer who retires as a correctional

services officer or from the Police Force, one four-hundred and

fiftieth of his pensionable emoluments for each complete month of

pensionable service together with such additional pension as might

be awarded to him under the preceding part of this regulation if he

were qualified for pension.

15. (1) Where an officer holding a pensionable office, without

his own default has been killed in the actual discharge of his duty

or has died from such injury specifically attributable to the nature

of his duty or has been killed or has died from an injury received as

a result of enemy action or counter-enemy action while in the

actual discharge of his duty, a pension may be granted to his

widow, while unmarried, not exceeding ten-sixtieths of the

husband’s pensionable emoluments at the date of the injury or

eighty-one euro and fifty-three cents (81.53) a year, whichever is

the greater; and a pension may be granted to each child of such

officer until such child attains the age of eighteen years, not

exceeding one-sixth of the rate awardable to the widow, so long as

the aggregate of the children’s pensions do not exceed the rate

awardable to the widow.

(2) The foregoing provision shall apply also in case the officer,

after he shall have been pensioned under regulation 14, dies from

the direct and immediate effects of the injury sustained.

(3) If the officer’s wife predeceases him, or if no pension is

granted to her under this article, and he leaves children who would

have been eligible for pension, if a pension had been granted to the

widow, pensions may be granted to them of twice the amount of the

pensions for which they would have been eligible in the

circumstances.

(4) If the deceased does not leave a widow or motherless

children, but leaves a mother who was wholly dependent on him for

maintenance, the award which might have been made to the widow

had there been one left, may be made to the mother, but it shall

cease, if she be widow, in case of remarriage.

16. In the case of an employee who is not qualified for a

pension or gratuity under regulation 2 of these regulations, but who

has continuously served in Malta for fifteen years or upwards, a

retiring pension or a commuted pension and gratuity may be

granted under the same circumstances, at the same rate and subject

to the same limits as the pension to which he would have been

eligible had he been employed in a pensionable office.

*See article 8 of Act IX of 1990.

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17. Where a female officer, having served for not less than five

years in any public department in an office in respect of which a

retiring pension may be granted under regulation 16, and having

been confirmed in such an office, resigns her office for the reason

that she has married or is about to marry, a gratuity may be granted

to such officer not exceeding three-fourths of such gratuity as she

would have been eligible to under regulation 6 had she been

employed in a pensionable office, on the production by her, within

the six months following the date of her resignation or within such

longer period as the President of Malta may in any particular case

allow, of satisfactory evidence of her marriage.

18. (1) If a person employed in any public department in a

capacity in respect of which a retiring pension cannot be granted

under regulation 16 and who is not qualified for a pension or

gratuity under these regulations, retires at any time after the

completion of sixty years of age or retires on the ground of

infirmity of mind or body not caused by his own misconduct

permanently incapacitating him from the duties of his employment,

or is removed from his employment for any cause other than his

misconduct, or resigns at his own request but not in order to avoid

dismissal, and if the employment is one to which he was required to

devote his whole time, and if he has served in the employment for

not less than seven years, and if his service has been faithful and

meritorious, the President of Malta may, if he thinks fit, grant to

him a compassionate gratuity not exceeding three euro and forty-

nine cents (3.49) or one week’s wages, whichever is greater, for

each year of his service in such employment.

(2) If any such person dies while being employed as aforesaid

who would, at the date of his death, have been entitled to a

compassionate gratuity had he retired from such employment on

the ground of infirmity of mind or body, the President of Malta

m a y, i f h e t h i n k s f i t , g r a n t t o h i s l e g a l r e p r e s e n t a t i v e a

compassionate gratuity not exceeding the amount of the gratuity

which might have been granted to such person if he had retired on

the ground of infirmity.

19. Where a person employed in any public department under

the conditions of regulations 16 and 18, has been permanently

injured -

(a) in the actual discharge of his duty, and

(b) without his own default, and

(c) by some injury specifically attributable to the nature of

his duty or as a result of enemy action or counter

enemy action, and

(d) his retirement is thereby necessitated or materially

accelerated,

he may be granted in addition to the retiring pension or gratuity for

which he would be qualified by length of service, a gratuity not

exceeding the undermentioned portion of his salary or wages for

one year, as the case may be, at the date of the injury, or two

hundred and thirty-two euro and ninety-four cents (232.94),

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whichever is the lesser, namely

where his capacity to contribute to his support is -

slightly impaired........................................... one-third

impaired ...................................................... two-thirds

materially impaired......................................... the whole.

When his capacity to contribute to his support is totally

destroyed, he may receive an annual allowance exceeding by

fifteen-sixtieths of his salary the rate of the pension for which he

would have been qualified by length of service had he been eligible

for a pension

Provided that the total award shall not exceed two-thirds of his

salary or wages for one year, as the case may be, at the date of the

injury.

The award under any of the above scales may be diminished by

such amount as the President of Malta may think reasonable in the

following cases

(a) where the injured person has continued to serve for not

less than one year after the injury in respect of which

he retires; or

(b) where the injured person is fifty years of age or

upwards at the date of the injury; or

(c) where the injury is not the sole cause of the retirement

but the retirement is caused partly by age or infirmity

not due to the injury.

20. (1) Where a person employed in any public department

under the conditions of regulations 16 and 18 has without his own

default been killed in the actual discharge of his duty or has died

from some injury specifically attributable to the nature of his duty

or has been killed or has died from an injury received as a result of

enemy action or counter-enemy action while in the actual discharge

o f h i s d u t y, a p e n s i o n m a y b e g r a n t e d t o h i s w i d o w w h i l e

unmarried, not exceeding eight-sixtieths of her husband’s salary or

wages for one year, as the case may be, or fifty-eight euro and

twenty-three cents (58.23), whichever is the greater; and a gratuity

may be granted to any child or children of the deceased not

exceeding one euro and eighty-six cents (1.86) multiplied by the

total number of their years of age, starting from their ages at the

date of their father’s death and ending with fifteen years

Provided that the total gratuity shall not be less than forty-six

euro and fifty-nine cents (46.59) nor more than one hundred and

thirty-nine euro and seventy-six cents (139.76).

(2) The foregoing provision shall apply also in the case of a

person who after he has been in receipt of an annual allowance

under regulation 19 dies from the direct and immediate effects of

the injury sustained.

(3) If any such person’s wife predeceases him, or if no pension

is granted to her under this article, and he leaves children who

would have been eligible for gratuity, if a pension had been granted

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to the widow, gratuities may be granted to them of twice the

amount of the gratuities for which they would have been eligible in

the circumstances.

(4) If the deceased does not leave a widow or motherless

children, but leaves a mother who was wholly dependent on him for

maintenance, the award which might have been made to the widow

had there been one left, may be made to the mother, but, the award

shall cease, in the case of remarriage of a widowed mother.

21. (1) Pensions, gratuities and allowances, computed at the

rates beforementioned, shall only be granted in case of decidedly

faithful and meritorious service.

(2) Where the fidelity and diligence of the officer fall short of

the first degree of merit the computation may be made at lower

rates.

22. Pensions, gratuities and allowances payable under the

Pensions Ordinance shall also be payable to the person entitled

thereto in other Member States of the European Community net of

any taxes and transaction charges in accordance with Article 5 of

Council Directive 98/49/EC of the 29th June, 1998 on safeguarding

the supplementary pension rights of employed and self-employed

persons moving within the Community.

22A. (1) Pensions, gratuities and allowances payable under the

Pensions Ordinance may be transferred to the EU Scheme by an

officer who leaves the service in Malta and assumes service with an

EU Institution. A request to this effect shall be made by the officer

concerned and addressed to the Minister.

(2) For the purpose of this regulation, EU Scheme means the

pension scheme provided for officers of EU Institutions in

accordance with Articles 77 to 84, and Annex VII, of Council

Regulation (EEC Euratom, ECSC) No. 259/68 laying down staff

regulations for officials and the conditions of employment of other

services of the European Union

Provided that the officer must satisfy the criteria listed

under Article 11(2) of Annex VIII of the said Council Regulation

Provided further that such transfer may not be exercised

more than once.

23. Where any public officer to whom the Ordinance applies is

posted in another Member State of the European Community, such

public officer shall be entitled to receive adequate information as to

his rights under regulation 22.

(1) In

this

Ordinance

and

the

regulations

made

thereunder -

"correctional services officer" means any officer appointed to the

public service before the 15th January, 1979 and who occupies any

post listed in the Schedule to the Prisons Pensions Regulations;

"Minister" means the Minister from time to time responsible for

the Department of Social Security, and includes any officer

designated by the Minister for a particular purpose or class of

purposes;

"month" means a calendar month;

"officer" means a person substantively appointed to an office in

respect of which a pension or retiring allowance may be granted

under this Ordinance.

In case of any question or dispute arising as to whether a person

is to be regarded as an officer for the purpose of this Ordinance or

of any regulations made thereunder the decision of the President of

Malta shall be final;

"pensionable emoluments" -

(a) in respect of service in Malta, includes -

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(i) salary,

(ii) personal allowance,

but does not include duty allowance, entertainment

allowance, house allowance, the estimated annual

rental value of free quarters, value of rations, extra

remuneration, any fees paid out of the Treasury by way

of salary or any other emoluments whatever;

(b) in respect of other public service, means emoluments

which count for pension in accordance with the law or

regulations in force in such service;

Provided that, with respect to officers who retire or

die in service between the 1st day of January, 1991 and

the 1st day of January, 1993 and who occupied a post

on retirement or death in service the scale of salary of

which is, on or after their retirement or death in

service, increased in accordance with the Public

Service Reform of 1991, the salary of such officers on

their last day of service before retirement or death, as

the case may be, shall, for the purpose of this

Ordinance, but with effect only from the date of such

increase, be deemed to be the salary as increased in

accordance with such reform, no account however

being taken of any increases granted for any increase

in the cost of living after the retirement or death in

service of such officers; and any pension and, or,

gratuity payable in accordance with this Ordinance in

respect of such officers shall, with effect from the date

of any such increase in accordance with such reform as

aforesaid, be adjusted as if the salary on their last day

of service was that which would have been payable

according to such increase as aforesaid had they

remained in the service

Provided further that, in the case of an officer who

retires between the said dates and dies subsequent to

retirement between the dates aforesaid, any gratuity or

commuted pension shall be adjusted on the dates of

such increase as aforesaid;

"pensionable office" means -

(a) in respect of service in Malta, an office which has been

declared by the President of Malta, by a notification in

the Government Gazette, to be a pensionable office;

and any such office may at any time be declared by the

President of Malta, by a notification in the

Government Gazette, to be no longer pensionable; but

where any office is thus declared to be no longer

pensionable, then so long as any person holding that

office at the time of the declaration continues therein,

the office shall, as respect that person, continue to be a

pensionable office;

(b) in respect of other public service, an office which is a

pensionable office under the law or regulations in

PENSIONS

force in such service;

(c) the office of Auditor General or Deputy Auditor

General, or any office in the National Audit Office;

"personal allowance" means a special addition to salary granted

personally to the holder for the time being of the office, but does

not include such an addition if it is granted subject to the condition

that it shall not be pensionable;

"prisons officer" shall have the same meaning assigned to it by

article 2 of the Prisons Act;

"public service" means service of a civil capacity under the

Government of Malta or such other service as the President of

Malta may determine to be public service for the purposes of any

provision of this Ordinance or of the regulations made thereunder;

"salary" means the salary attached to a pensionable office, or

where provision is made for taking service in a non-pensionable

office into account as pensionable service, the salary attached to

that office;

"service in Malta" means service in a civil capacity under the

Government of Malta and, in respect of members of the teaching

staff of the University of Malta whose rights under any of the

provisions of this Ordinance are saved under the proviso of article

136(2) of the Education Act, and of officers or employees of the

Government of Malta who at any time during their service in a civil

capacity under the Government of Malta are detailed to perform

duty at the University or with the Malta Government Tourist Board

or with Enemalta or with the Malta Broadcasting Authority shall be

deemed to include service in the University or with the Malta

Government Tourist Board or with Enemalta or with the Malta

Broadcasting Authority as the case may be;

"year" means a calendar year.

(2) Nothing in this Ordinance or in any amendment made

thereto from time to time shall, unless the contrary intention is

explicitly stated, be interpreted as granting, or as ever having

granted, a right, to any person who has been in the service of Malta

or to his legal representatives or dependants, to a pension, gratuity

or other allowance under this Ordinance, that is not, or that was not

at any time, qualified by the requirement of a creditable

performance by such person

(1) It shall be lawful for the President of Malta, from time

to time to make, and when made, to vary and revoke regulations for

the granting of pensions, gratuities and other allowances to persons

who have been in the service of Malta or to their legal

representatives or dependants

Provided that until varied or revoked by any such regulations,

the regulations contained in the Schedule shall be in force.

(2) The said regulations and any regulations varying or

revoking the same as aforesaid, shall have the same force and effect

for all purposes as if they were contained in this Ordinance, and the

PENSIONS

term "this Ordinance" shall in the following articles be read and

construed accordingly.

(3) Whenever the President of Malta is satisfied that any

regulation made under this article should have retrospective effect

in order to confer a benefit upon, or remove a disability attaching to

any person or class of persons, that regulation may be given

retrospective effect for that purpose.

(4) No regulation made under this article shall have effect

unless it has received the prior approval of the House of

Representatives signified by resolution.

(5) Any pension or gratuity granted under this Ordinance shall

be computed in accordance with the provisions in force at the

actual date of an officer’s retirement.

There shall be charged on and paid out of the Consolidated

Fund all such sums of money as may from time to time be granted

by the President of Malta by way of pension, gratuity or other

allowance in accordance with this Ordinance.

(1) No officer shall have an absolute right to compensation

for past services, or to pension, gratuity, or allowance under this

Ordinance or under any regulations made thereunder, nor shall

anything herein or in such regulations contained, limit the right of

the Government of Malta to dismiss any officer without

compensation.

(2) Where it is established to the satisfaction of the President of

Malta that an officer has been guilty of negligence, irregularity or

misconduct, the pension, gratuity or other allowance may be

reduced or altogether withheld.

No pension, gratuity or other allowance shall be granted to

any officer in respect of any service -

(a) while on probation or agreement, unless without break

of service he is confirmed in a pensionable office in

Malta or in an office in other public service which is at

the time of confirmation pensionable under the

pension regulations applicable to such service; or

(b) while under the age of eighteen

Provided that the provisions of paragraph (b) shall not apply to

an officer or other person in the service of Malta at the

commencement of this Ordinance.

PENSIONS

(1) No pension, gratuity or other allowance shall be

granted to any officer except on his retirement from the public

service in one of the following cases

(a)

(i) on or after attaining the age of sixty years, or

(ii) in the case of an officer with other public

service, on or after attaining the age of fifty-five

years, or

(iii) in the case of a correctional services officer or a

member appointed to the Police Force, on or

after attaining the age of fifty-five years or, if he

has completed twenty-five years’ service as a

correctional services officer or in the Police

Force, or

(iv) in special cases, with the approval of the

President of Malta, on or after attaining the age

of fifty years;

(b)

in the case of transfer to other public service, on or

after attaining the age at which an officer is permitted

by the law or regulations of the service in which he is

last employed to retire on pension or gratuity;

(c)

on the abolition of his office;

(d)

on compulsory retirement for the purpose of

facilitating improvement in the organization of the

department to which he belongs, by which greater

efficiency and economy can be effected;

(e)

on medical evidence to the satisfaction of the President

of Malta that he is incapable by reason of some

infirmity of mind or body of discharging the duties of

his office and that such infirmity is likely to be

permanent;

(f)

in the case of termination of employment in the public

interest as provided in this Ordinance;

(g)

on relinquishing his office in the service of Malta with

Government approval to take up appointment in a full

time post in the University of Malta

Provided that such officer shall not be entitled to any

pension or gratuity in respect of his office in the service of Malta

except as from the date on which he attains the age on which he is

permitted by the law or by the statute or regulations of the

University of Malta to retire with or without a pension

Provided further that where an officer relinquished his office

in the service of Malta after 31 December, 1978 to take up

employment with the University of Malta, service with the University

of Malta shall be deemed to be service with Government

Provided further that where such officer retires from the

service of the University of Malta before attaining the age of sixty

for any of the reasons set out in paragraphs (c), (d), (e) and (f) it

shall be lawful for the President of Malta to authorize the grant of a

pension as from the actual date of the officer’s retirement.

PENSIONS

(2) A gratuity in accordance with the provisions of this

Ordinance may be granted to a female officer who resigns her

office for the reason that she has married or is about to marry,

notwithstanding that she is not otherwise eligible under this article

for the grant of any pension, gratuity or other allowance.

Where an officer’s service is terminated on the ground that,

having regard to the conditions of the public service, the usefulness

of the officer thereto and all the other circumstances of the case,

such termination is desirable in the public interest, and a pension,

gratuity or other allowance cannot otherwise be granted under the

provisions of this Ordinance, the President of Malta may, if he

thinks fit, grant such pension, gratuity or other allowance as he

thinks just and proper, not exceeding in amount that for which the

officer would be eligible if he retired from the public service in the

circumstances described in article 7(1)(e).

* 8A.

Where an officer’s or other employee’s service is

terminated in order that he may, with the approval of the President

of Malta, take up full time employment with such company or

entity as may be designated by an Order of the President of Malta

for the purposes of this article, the employment of that officer with

that company or entity shall be deemed to be service with the

Government for the purposes of this Ordinance, and such employee

shall be entitled to a pension or gratuity, as the case may be, under

this Ordinance upon the termination of his service with such

company or entity as if such service were service with the

Government

Provided that, where the termination of such service with

the company or entity is due to the winding up of such company or

entity whether voluntary or otherwise or due to its bankruptcy, such

termination shall be considered as if it were due to abolition of

office

Provided further that no such Order shall be made unless

such company or entity shall first have bound itself with the

Government to contribute towards the Government the difference

between the cost of the pension or gratuity payable at the time of

retirement from the company or entity and the cost of the pension

or gratuity, as the case may be, computed at the time of the

termination of the service with the Government for the aforesaid

reason of full time employment with the company or entity

Provided further that for the purpose of establishing the date of

the termination of the service with the Government with a view to

calculating the contribution due by the company or entity towards the

cost of pension and, or gratuity, as the case may be, such date shall be

deemed to be, and to have always been, either the date when an officer

was detailed for service or otherwise commenced performing his

duties with the company or entity from which he eventually retired, or

the date when an officer took up full time employment with the

company or entity, whichever is the earlier.

*See S.L. 93.01

PENSIONS

(1) Where an officer’s service with the Government has

been terminated to take up permanent employment with a company

or entity as provided in article 8A, or in accordance with the

provisions of any other law which provides or provided that in

respect of an officer, detailed for duty with the corporation or entity

referred to in the relevant law, and who accepts permanent

employment with such corporation or entity, service with the said

corporation or entity shall, for the purposes of the Ordinance in so

far as applicable to him, be deemed to be service with the

Government, the pensionable emoluments of such officer on

retirement shall be deemed to be the pensionable emoluments

established in accordance with the following sub-articles

Provided that nothing in this article shall be deemed to

detract from any rights granted to any officer in virtue of article 8C.

(2) The pensionable emoluments of an officer to whom sub-

article (1) apply shall be deemed to be the pensionable emoluments

payable to an officer in Government service in a grade and at the

incremental level corresponding to the post and incremental level at

which the officer retires from the company, corporation or entity as

the case may be.

(3) For the purposes of sub-article (2), posts and salary grades

with the respective company, corporation or entity shall be

classified in the most nearly corresponding grades and incremental

level under the Government of Malta by reference to job

description, skills, responsibilities and other analogous factors.

(4) The classification referred to in sub-article (3) shall be

carried out by a board in respect of each company, corporation or

entity composed of a chairman appointed by the Minister and two

other members, one appointed by the Minister responsible centrally

for personnel policies in the public service and one appointed by

the Minister responsible for the company, corporation or entity, if

any, and in cases where no such ministry exists, by the Minister

responsible for industrial relations. The classification shall in each

case be subject to the final approval of the Minister.

(5) Such classification shall take place within three months of

any adjustment of salaries of employees in Government Service

and, or, of employees of the company, corporation or entity as the

case may be.

(6) No post shall be classified in a grade higher than Grade 3

in the service of the Government or such other grade that the

M i n i s t e r m a y, f r o m t i m e t o t i m e , b y n o t i c e i n t h e G a z e t t e

determine.

(1) Notwithstanding the provisions of article 8B, where an

officer took permanent employment with a company, corporation or

entity as is referred to in sub-article (2) before 1st April, 2002 or

was detailed for service with such company, corporation or entity

before the 1st April, 2002 and retires or takes up permanent

employment with such company, corporation or entity before such

date as the Prime Minister may by Order establish, the pensionable

emoluments of such officer on retirement shall for the purposes of

this Ordinance be the emoluments actually paid to such officer at

PENSIONS

the time of his retirement

Provided that in no case shall such pensionable

emoluments be higher than those payable to an officer in grade 3 in

the service of the Government or such other grade as the Minister

responsible for finance may, from time to time by notice in the

Gazette, establish.

(2) The companies, corporations or entities to which this

article applies are

(a) the University of Malta, the Malta Government Tourist

Board, Enemalta, and the Malta Broadcasting

Authority, in each case referred to in the definition

"service in Malta" in article 2;

(b) Malta International Airport plc, Public Broadcasting

Services, Malta Financial Services Authority, the

Junior College, Water Services Corporation, Maltapost

plc, Posta Ltd., Planning Authority, Malta

Environment and Planning Authority, Public Transport

Authority, Authority for Transport in Malta, Telemalta

Corporation, Maltacom plc, National Audit Office,

Management Systems Unit, Malta Information

Technology and Training Services Ltd and Malta

Information Technology Agency.

The Minister responsible for finance may, from time to

time by Order, declare that the provisions of article 8A shall apply

to officers or other employees who had terminated their service

with the Government in accordance with the provisions of article

8A or with the provisions of article 8B(1) or with any of the entities

referred to in article 8C(2) (hereinafter referred to as the relevant

articles), in order to take up employment with a company

designated in article 8A or with the respective entity referred to in

the relevant articles, as the case may be, and, upon the making of

such an order by that Minister, the provisions of article 8A or 8C,

as the case may be, shall apply to such persons as if such persons

were at the time of making the said Order, officers or employees of

the Government.

(1) Notwithstanding anything to the contrary under this

Ordinance, where a public officer retires from the offices referred

to in sub-article (2) after having served for at least twelve months

in such an office or retires from the public service after having

served for a term of three years in such an office, the pensionable

emoluments of such officer on retirement shall be, when such

officer accomplishes a creditable performance, those attached to

the salary scale, at the date of the officer ’s retirement, of the

highest or higher of the offices referred to in sub-article (2) held by

such officer as aforesaid at any time before his retirement

Provided that nothing in this article shall be deemed as

reducing any pension to which such officer would but for the

provisions of this article have been entitled to.

(2)

The offices referred to in sub-article (1) are the following

(a) Cabinet Secretary;

PENSIONS

(b)

Principal Permanent Secretary;

(c)

Permanent Secretary;

(d)

Headship positions under a performance agreement;

(e)

Ambassador, High Commissioner or other principal

representative of Malta in any other country, when

appointed from the public service in terms of the proviso

to article 111(1) of the Constitution of Malta and

provided that, prior to such appointment, the holder of

any of the said offices was eligible for appointment as a

head of a department of Government in terms of article

92(4) of the Constitution of Malta.

Any Order made in accordance with articles 8A and 8D and

authorisations made thereunder may be retrospective to such date

as may be established in the respective Order or authorisation.

(1) It shall be lawful for the President of Malta to require

any officer other than a judge to retire from the service of Malta at

any time after he attains the age of sixty years or, in special cases,

at any time after he attains the age of fifty years,provided that

retirement shall be regulated by the provisions of the Social Security

Act concerning pensionable age

Provided that -

(i)

an officer with other public service, other than a

judge, Attorney General or magistrate may be

required by the President of Malta to retire at

any time after he attains the age of fifty-five

years;

(ii) a correctional services officer or a member

appointed to the Police force, not being an

officer holding the office of Commissioner of

Police, Deputy Commissioner of Police,

Director

of

Correctional

Services

or

Correctional Manager, may be required by the

President of Malta on the recommendation of the

Commissioner of Police or of the Director of

Correctional Services, as the case may be, to

retire at any time after he attains the age of fifty-

five years or, if he has completed twenty-five

years’ service in the Police force or as a

correctional services officer after he attains the

age of fifty years.

(2) The provisions of sub-article (1) shall not apply to any

officer holding the office of Auditor General or Deputy Auditor

General.

(3) Without prejudice to the provisions of sub-article (1), any

officer may be allowed to remain in service beyond pensionable age.

PENSIONS

(1) A pension granted to an officer under this Ordinance

shall not exceed two-thirds of the highest pensionable emoluments

drawn by him at any time in the course of his service in Malta.

(2) For the purpose of the preceding sub-article an additional

pension granted in respect of injury shall not be taken into account;

but where an officer is granted such an additional pension, the

amount of such additional pension which he may draw shall not

exceed one-sixth of his highest pensionable emoluments at any

time in the course of his public service by more than the sum by

which the amount of his pension or pensions, apart from such

additional pension, falls short of two-thirds of such highest

emoluments.

(1) Every pension granted under this Ordinance shall be

subject to the condition that unless or until the officer has attained

the age of fifty years, he may, if physically fit for service, be called

upon by the Prime Minister to accept, in lieu of his pension, an

office not less in value than the office which he held at the date of

the grant of his pension.

(2) If a pensioner so called upon declines to accept the office

for which he may have been selected, the payment of his pension

may be suspended until he has attained the age of fifty years.

(3) The provisions of sub-articles (1) and (2) shall not apply to

a pensioner who retired as a correctional services officer or as a

member of the Police Force on grounds other than those listed in

article 7(1)(e).

(1) Saving the provisions of sub-article (3), any officer

who had been in the service of Malta and who as a consequence of

the medical dispute which led to industrial action taken on the 2nd

June, 1977, had his service terminated or was suspended from such

service or otherwise lost his employment with the Government,

may nonetheless be granted such pension or gratuity in respect of

effective service.

(2)

Such officer may only be entitled -

(a) to such gratuity with effect from 19th June, 1987; and

(b) to such pension -

(i) with effect from the 19th June, 1987, if he has

attained the age of sixty years on or before that

date; or

(ii) if he has attained the age of sixty years on or

before that date and has been re-employed, with

effect from the date of his retirement; or

(iii) if he has not attained the age of sixty years on

the 19th June, 1987 and has not resumed service,

with effect from the date on which he has

attained that age; or

(iv) if he has not attained the age of sixty years on

the 19th June, 1987 and has resumed service,

with effect from the date of his retirement;

PENSIONS

and such pension or gratuity shall, in respect of officers referred to

in paragraph (a) and in paragraph (b)(i) and (iii), be computed as if

he retired from service in Malta on the day following his last day of

effective service.

(3) Any service prior to a break of service may be allowed to

count for pension purposes together with any service subsequent to

such break and the provisions of paragraph (b) of the proviso to

regulation 8 of the Pensions Regulations shall not apply, if the

break of service -

(a) is due to termination of service under the provisions of

the Employment and Industrial Relations Act, as a

consequence of the medical dispute referred to in sub-

article (1); or

(b) is otherwise a consequence of the said medical dispute.

(4) Where the grade or category in which any such officer as is

referred to in sub-article (1) had been employed has ceased to exist

as such or has been absorbed in another grade or category, and such

officer had given notice to the Superintendent of Health by the 19th

July, 1987 of his intention to resume duty or accept re-employment,

but has declined the offer made to him to resume duty or to accept

re-employment in an equivalent grade or category under the

conditions of such post, the provisions as contained in this

Ordinance regarding the abolition of post may, where applicable,

apply

Provided that a pension granted as a result of the abolition of

post may only be payable with effect from the 19th June, 1987 and

be computed as if such abolition took place on the last day of

effective service of employment.

(5) The provisions of article 19 shall apply in respect of such

officer as is referred to in sub-article (1), who has died on or after

the 2nd June, 1977.

(1) If any officer to whom a pension has been granted

under his Ordinance is appointed to another office in the service of

Malta, or is or was after his retirement appointed to an office

established by the Constitution also being a pensionable office

under this Ordinance, and subsequently retires in circumstances in

which he may be granted a pension, or leaves office at the end of

his appointment or re-appointment as the case may be, he may be

granted in lieu of his previous pension, a pension computed as if

the periods of his service had been continuous, and such pension

may be based on his pensionable emoluments on his previous or

final retirement from the service of Malta, or from the said office

established by the Constitution, whichever are the greater

Provided that if, on his previous retirement, he was paid a

gratuity and reduced pension, the gratuity if any, to be paid to him

on final retirement shall be reduced by the amount of the gratuity

already paid

PENSIONS

Provided further that in the case of an officer who has

retired for the first time from one of the offices, posts or positions

mentioned in paragraphs (a), (b) or (c), excluding the proviso, of

sub-article (2) of article 2 of the Public Administration Act, the

provisions of this sub-article shall only apply if the final retirement

from the service of Malta or from the office established by the

Constitution took place before the 1st January, 2010.

(2) Notwithstanding the other provisions of this Ordinance or

of any other law or other regulations, when a person is the holder of

one of the offices, posts or positions mentioned in paragraphs (a),

(b) or (c), excluding the proviso, of sub-article (2) of article 2 of

the Public Administration Act, such person may, on being re-

employed in the service of Malta after his retirement from the

service of Malta or on being retained in employment in the service

of Malta beyond the age of sixty-one years, during such period in

employment after the age of sixty-one years receive and continue to

receive any pension, including any gratuity or commuted pension,

without any reduction except as specified under this Ordinance,

provided that the said period of re-employment or of retention in

employment shall not be taken into consideration for any other

purposes of this Ordinance.

If any officer to whom a gratuity without pension has been

granted under this Ordinance is re-appointed to any office in the

service of Malta, his previous service may be taken into account for

the purposes of pension, if he refunds the gratuity on such

reappointment.

If any officer who has been permitted to relinquish his

office in the service of Malta to take up a full time appointment in

the University of Malta is subsequently re-appointed to an office in

the service of Malta after a lapse of not more than three calendar

months from the date of his relinquishing this full time post in the

University of Malta, the intervening period of his service in the

University of Malta shall, together with such immediately

succeeding period not in excess of three calendar months, be

deemed, for purposes of computation of pension, to be leave

without pay not granted on grounds of public policy

Provided that the retirement from the University of Malta is for

the purpose of immediate re-employment in the service of Malta.

No pension, gratuity, or allowance granted under this

Ordinance shall be assignable, transferable or liable to be attached,

sequestered, or levied upon, for or in respect of any debt or claim

whatever, except in so far as is provided in article 381(3) of the

Code of Organization and Civil Procedure.

If any officer to whom a pension or allowance has been

granted under this Ordinance becomes a bankrupt, then such

pension or allowance shall forthwith cease

Provided always that in any such case where a pension or

allowance ceases by reason of the bankruptcy of the pensioner, it

shall be lawful for the President of Malta, from time to time, during

the remainder of such pensioner’s life or during such shorter period

PENSIONS

or periods, either continuous or discontinuous, as the President of

Malta shall think fit, to cause all or any of the moneys to which

such pensioner would have been entitled by way of pension or

allowance had he not become a bankrupt, to be paid to or applied

for the maintenance and personal support or benefit of all or any,

exclusive of the other or others, of the following, namely, such

pensioner himself and any wife, child or children of his, in such

proportion and manner as the President of Malta thinks proper and

such moneys shall be paid or applied accordingly.

If any officer to whom a pension or other allowance has

been granted under this Ordinance is sentenced to a term of

imprisonment by any competent court whether within or without

Malta for any crime or offence, then, in every such case, it shall be

lawful for the President of Malta to direct that such pension or

allowance shall forthwith cease

Provided always that the pension or allowance shall be restored

with retrospective effect in the case of a person who after

conviction at any time receives free pardon

Provided further that where a pension or allowance ceases for

the reason aforesaid it shall be lawful for the President of Malta to

cause all or any part of the moneys to which the pensioner would

have been entitled by way of pension or allowance, to be paid to or

applied for the benefit of any wife, child or children of the

pensioner, or after the expiration of his sentence, also for the

benefit of the pensioner himself, in the same manner precisely and

subject to the same qualifications and restrictions as in the case of

bankruptcy hereinbefore provided.

(1) With effect from 1st March, 1975, an officer who

retires on grounds listed in article 7(1)(e), to whom, whether before

or after the said date, a pension or other allowance has been granted

under this Ordinance and who is in receipt of -

(a) any remuneration in respect of any employment, or of

any services rendered, or of any office held; or

(b) any income deriving from the exercise of a trade,

business, profession or vocation; or

(c) any income deriving from any pension, allowance or

other payment in respect of any employment, service

or office aforesaid,

shall, until he reaches the age of sixty years, or if such officer

retires as a correctional services officer or as a member of the

Police Force until he reaches the age of fifty-five years, or until the

twenty-fifth anniversary of his first appointment as a correctional

services officer or as a member of the Police Force, whichever is

the earlier, have his pension or other allowance reduced by the

amount by which the aggregate income established in accordance

with the following provisions of this article exceeds the salary

which is then payable in respect of the post which the officer held

on retirement, taking account only, if such salary is incremental, of

the corresponding increments earned prior to retirement, or, if such

PENSIONS

post has been abolished, an analogous post

Provided that the yearly pension or other allowance shall in

no case be reduced to less than the sum of three hundred and forty-

nine euro and forty-one cents (349.41) in the case of an officer

retiring before 1st March, 1975 or the sum of one hundred and

sixteen euro and forty-seven cents (116.47) in the case of an officer

retiring on or after that date; and if the yearly pension or other

allowance does not exceed the minimum payable as aforesaid no

reduction shall be made therefrom

Provided further that where a correctional services officer

was in service as a prisons officer previous to his being appointed a

correctional services officer, then the date he commenced service

a s a p r i s o n s o ff i c e r s h a l l b e d e e m e d t h e d a t e o f h i s f i r s t

appointment as a correctional services officer for the purposes of

this sub-article.

(2) For the purposes of sub-article (1), the aggregate income

shall be established by adding -

(a) the uncommuted pension or other allowance which,

but for the provisions of this article, would have been

receivable under this Ordinance; and

(b) any remuneration or income referred to in sub-article

(1)(a), (b), or (c), or both such remuneration and

income; and

by subtracting therefrom -

(i)

in the case of an officer retiring before 1st

March, 1975 the yearly sum of three hundred

and forty-nine euro and forty-one cents

(349.41); and

(ii) in the case of an officer retiring on or after the

said date, the yearly sum of one hundred and

sixteen euro and forty-seven cents (116.47).

(3) Any reduction in the pension or other allowance under sub-

article (1) shall be calculated on the basis of the pension or other

allowance, the remuneration or other income, and the salary,

receivable during a period of twelve months ending on 3lst

December of the year in which the reduction is due to be made, but,

subject to any adjustments that may be or become necessary for any

reason whatsoever, and in so far as practicable, shall be made from

the monthly or other periodical payments of the pension or other

allowance.

(4) Any officer to whom sub-article (1) applies shall without

delay inform the Director General (Social Security), and keep the

Director General (Social Security) at all times informed, of all the

circumstances which render the said sub-article (1) applicable to

him and the extent to which it is so applicable, and of any change in

the circumstances or extent aforesaid, and shall give the Director

General (Social Security), on request, all relevant information; and

if such officer fails to comply with any of the provisions of this

sub-article any pension or other allowance to which he may be

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entitled under this Ordinance shall forthwith cease

Provided that on good cause being shown the pension or

other allowance may be restored, with or without retrospective

effect, by the President of Malta.

(1) Where an officer holding a pensionable office who is

not on probation or agreement, or an officer holding a non-

pensionable office to which he has been transferred from a

pensionable office in which he has been confirmed, dies while

serving under the Government of Malta, the President of Malta may

grant to his legal representative a gratuity of an amount not

exceeding his annual pensionable emoluments or his commuted

pension gratuity, if any, whichever is the greater.

(2) Where an officer dies after retirement from service under

the Government of Malta having been granted, or having become

eligible for, a pension under this Ordinance and the sums paid or

payable to him at the date of his death on account of such pension

including any sum awarded by way of gratuity under regulation 4

of the Pensions Regulations but excluding any additional pension

awarded in accordance with the provisions of regulation 14(1) of

the Pensions Regulations are less in total than the amount of his

annual pensionable emoluments, the President of Malta may grant a

gratuity equal to the deficiency to his legal representative.

(3) The provisions of this article shall not apply in the case of

the death of any officer where benefits corresponding to the

benefits which may be granted under this article are payable under

the Overseas Superannuation Scheme in respect of such death.

(4)

In this article -

(a) "annual pensionable emoluments" means the

emoluments which would be taken for the purpose of

computing any pension or gratuity granted to the

officer under this Ordinance if on the date of his death

he had retired from the public service on the ground of

ill health;

(b) "commuted pension gratuity" means the gratuity, if

any, which might have been granted to the officer

under regulation 4 of the Pensions Regulations if the

pensionable service which would be taken for the

purpose of computing any pension or gratuity granted

to him under this Ordinance had been wholly in Malta

and if, in the case of such officer as is described in

sub-article (1), on the date of his death he had retired

from the public service on the ground of ill-health and

had elected to receive a gratuity and reduced pension

or, in the case of such officer as is described in sub-

article (2), he had before the date of his retirement

elected to receive a maximum gratuity and a

correspondingly reduced pension.

(5) For the purposes of this article an officer who has not been

confirme d in hi s offi ce a nd who die s in t he c ircumsta nce s

mentioned in regulation 15 of the Pensions Regulations shall be

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deemed to have been confirmed in his office.

(6) The grant of any gratuity under sub-articles (1) or (2) or

any regulations made under this Ordinance, to the legal

representative of a deceased officer, shall not be deemed to affect

any right of the widow under the provisions of the Civil Code

relating to the community of acquests.

Subject to the provisions of article 10 nothing contained in

this Ordinance shall prejudice the right preserved by article 4 of the

Police Force (Amendment) Ordinance, 1939, to persons serving in

the Police force on or after the 1st April, 1937 and appointed to the

Police force before the 1st February, 1939, to reckon for purposes

of pension any civil or military service prior to the date of their

appointments to the force.

Subject to the provisions of article 10, where a person has

been appointed a correctional services officer, any period previous

to that appointment during which that person has served as a

prisons officer or as a member of a disciplined force as defined in

article 47(1) of the Constitution shall be deemed as service as a

correctional services officer for the purposes of this Ordinance.

The provisions of this Ordinance shall apply to all officers

appointed to the public service of Malta after the commencement of

this Ordinance but prior to l5th January, 1979, and no pension,

gratuity or other allowance shall be payable under this Ordinance,

nor shall any other payment be made thereunder, to any person who

was not an officer before the date aforesaid, or to the widow, child

or other relative of any such person

Provided that -

(i)

in respect of persons who, though not officers,

were in the public service before 15th January,

1979, and in respect of the widow, child or other

relative of any such person, the provisions of

this Ordinance shall apply in such manner and to

such extent as may be necessary to give effect to

arrangements concerning such persons made

prior to that date;

(ii) any person appointed to the Police force before

the 1st February, 1939, may, by giving notice in

writing to the Minister, elect that the law

applicable to his case prior to that date shall

continue so to apply; and

(iii) the provisions of this Ordinance shall not apply

in the case of an officer to whom, by virtue of a

notice given under article 5 of the Police Force

(Amendment) Ordinance, 1939, the provisions

of the articles repealed by that Ordinance apply

(iv) the provisions of this Ordinance and of any

regulations

made

thereunder

shall,

notwithstanding the other provisions of this

Ordinance or of any other law, apply to any

employee in the public service who,

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notwithstanding that he was appointed to the

public service on or after the 15th January 1979,

shall after the 15th January 1979 have served as

Principal Permanent Secretary or as Permanent

Secretary or as Cabinet Secretary or as Secretary

to the Cabinet or as Auditor General or as

Deputy Auditor General or as Ombudsman for

one full respective term or equivalent period or

in aggregate shall have served for the equivalent

period of one respective term

Provided that nothing in this paragraph shall

exempt any employee to whom this Ordinance

applies in virtue of this paragraph from the need to

satisfy the other requirements of this Ordinance,

other than the requirement that he must have been

a public officer prior to 15th January 1979, in order

to be eligible to receive a pension thereunder.

The pensions granted to any persons who have retired from

the public service before the commencement of this Ordinance

shall continue to be governed by the Ordinances and regulations

under which they were granted.

Where an officer shall have served with the armed forces

of Malta in time of war, the following provisions shall have effect

(a) during the period of such service in the said forces,

including any period after the determination of the war

(in this article referred to as "military service"), he

shall be deemed, for the purposes of this Ordinance, to

have been on leave on full salary from the public

service in which he was last employed, and to have

held the substantive office last held by him in that

service, prior to military service;

(b) during any period between his leaving the public

service for the purpose of serving in the said forces

and the date of his commencing military service, he

shall, for the purposes of this Ordinance, be deemed to

be on leave without pay, not granted on grounds of

public policy, from the public service in which he was

last employed, and to have held the substantive office

last held by him in that service, prior to military

service; and during any period between the termination

of his military service and the date of his re-entering

the public service he shall, for the said purposes, be

deemed to be on leave as aforesaid from the service,

and to have held the substantive office, in which he is

re-employed

Provided that -

(i)

this article shall not apply when either period

mentioned in paragraph (b) exceeds three

months, or such longer period as the President of

Malta may in any special case determine; or if

the officer fails, after serving with the said

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forces, to re-enter the public service otherwise

than in circumstances in which he would be

permitted, under the law applicable to the public

service in which he is last employed prior to

military service, to retire on pension or gratuity,

such circumstances arising not later than the

expiration of three months, or such longer

period as may be determined as aforesaid, after

the termination of his military service;

(ii) if during any period mentioned in paragraph (a)

the officer shall have qualified for pension, or

received emoluments in lieu of pension rights,

actually in respect of military service, paragraph

(a) shall, as respects that period, have effect as if

the words "leave without salary not granted on

grounds of public policy" were substituted for

the words "leave on full salary";

(iii) if during his military service the officer shall be

injured or killed, he shall not, for the purposes of

regulations 14 and 15 of the regulations

scheduled to this Ordinance, be deemed to have

been injured or killed in the discharge of his

duty;

(iv) the provisions of this article which require that

the officer shall be deemed to have held a

specified office and to have been on leave from a

specified service shall not apply in respect of

any period during which he shall actually have

held any other substantive office and have been

on leave from any public service;

(v) save where in any particular case the President

of Malta otherwise directs, this article shall not

apply where the office in the public service last

held by the officer prior to military service was

not a pensionable office.

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