Legislator Case Law & Legislation
ln_1990_47 MT

or ~rvitt) (Amt ndRM'nt) Rtgulatlons , 1990

4 Articles / Provisions · Malta
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Statutory Text (4 Articles)

Malta Government Gazette — Legal Notice 1990 47 — or ~rvitt) (Amt ndRM'nt) Rtgulatlons , 1990

L. N. 47 or 1990

MALTA ARMED FOIi:CFS ACT {CA P. 220)

"'ortt!I or Malta (Rt'gular ForN) (AppointRM'nt$ and Conditions

or ~rvitt) (Amt ndRM'nt) Rtgulatlons , 1990

IN exercise of th e powers conferred by section 4 of thc Malta

Armed Forces Act , the Preside nt of Mall a h:ls made the following

regulalions:-

I. ( I) These rcgu lations may be cited as the Armed Forces of Ch ....... nd

Malta (Regular Force) (A ppointments and Cond itio ns of Se rvice) """;01 ;0'0

(Amend ment) Regul at ions. 1990, and shall be: read ~nd const rued as

onc with the Arm ed Forces of Malta ( Regu lar Force) (Appointm ents

and Condit ions of Service) Regulations. 1970, herei naft e r referred to as L,/'i , 91 of 197(1,

"I he principal regulations",

(2) Th ese regulations sha ll be deemed to have come into

force o n 1st Jan uary, 1990.

2, Regulation 12 of the pri ncipal regulations sball be ame oded as , , _

(a) im mediatel y at the e nd o f paragraph ( I) the reof. the re

Shlll1 be added the following proviso

"Provided that an o(ftccr shall have the option 10 reI ire

on. o r on a ny day afte r. complet ion of twe nty·five years

se rvice. subject 10 the o(fteer declaring his intent to retire to

the Ministe r in writi ng. Ih rough the Commander, oot late r

thu n three months prior 10 his inte nded date of retirement.";

"d

(b) im mediately after paragraph ( I) thereof. tbere shall be

added the fol lowing new paragraph (I A)

M( lA ) For the purpose o f computi ng the aforementioned

III.·enty·five ye:lrs service. the followin g shall be conside red 3S

rcck onable service

(i)

Specia l rcckonable se rvice.

(i i)

Se rvice in the fo rce as a '" man" of the force."',

J. Reg ulat io n 13 of the principal regula tions shall be amended as A_

follows

(a) in paragraph (1) the reo f for th e wo rds "be allowed to ,<pl>_.

reti re prcm,lturcly" the re shall be subst ituted th e wmds Mbe

allowed 10 retire or res ign prcmmure ly";

(b) in the proviso to paragraph ( I) thereoffo rlhe words "will

nol be allowed 10 retire: prematurely~ the re shall be substit uted the

words -will not be allowed 10 reti re or resign prematurely": and

(c) in paragraph (2) the reof for tile words .. An officer

retiring volunta rily" there shall be substituted the wo rd§ MAn

officer retiring or resigning voluntarily",

Gazzetta tal-Gvern ta' Malta — Avviż Legali 1990 47 — ATT "WAR IL·tURZI ARMATI TA ' MAI.TA (KAI', 220) RegoIamenli la ' 1-1990 li jemendaw ir-Regolamenli dwar in· Nominl u ' . Kondlzzjonijid IltS·Sef'l'in tal . FonI Armati la ' Malta BIS·SA HH A las-se tghal moght ija bl -artikolu 4 ta' [·An dW8T il·

Ir-regolamenl 12 tar· rC"golamen ti printipal; gllandu jig; .-~

,.~ ..... ", 12

c mcndal kjr gcj

!>, ... " " ' .... ""

prif>l"lP"~ '

(a) minnufih fi lmicm il- p;!ragrafll (I) tieghu. gtl3nd u jitdied

dan il·proviso li gej

" IMa uffitjal ikoll u ]·ghafla li j irtira Iil·jum meta. jew

rkull jum lehor li jigi wara l-jum meta. itemm hamsa u gl'loxrin

scnn scrvizz. s.akemm l-uffitjal jiddikjara l-hsieb tiC"gI'Iu I;

jirtir:t lilH.1inislru bil· miktub. pcrmcZ7, tal- Kmandant. mhux

iktl,r lard minn thC"t xhur qabcl il· jllm mahsub w' I·irtir

tiegllu.";u

(b) minnufih warn I-paragrafu (I) gh:mdu jitdicd dun il·

pa ragn,fu ( lA) gdid li gej

"( lA) Ghall·fini I; jinhadmu 1-llamsa u ghOHi n scna

scrvizz imscmrnija qabcl. gllnnd u jilqies bllala scrv izz Ii

gllandu jig; kalkolat dan li gcj

(i)

Servi1.l. spetjali li gll andu jig; kal kolat .

(ii)

Scrvizzlil- fol7.u bll al .. "ragel" tn l-fona.··.

ji~i

J.

Ir· rcgolamcnI

13 lar·regolamcnl' printipali gl'landu

emendal kif gej

(a) fiI -paragrafu (I) tiegl'l" mintlok il·kliem "jitl'lalla jirlira

qabc l it-im ien" gl'landhom jidl'llu I-klicm ";;ll'Ialla jirtira j~w jir'

riicnjaqabel it-tmien";

(b) fiI -proviso gl'lall-par~grafu (I) licghu minllnk il-kliem

"ma jill'lall iex jinira qabel ii-zmicn"gl'l :mdhom jidl'llu I-k licm "ma

jill'lalliex jirlira jcw jimicnja qabel '1.-nnien": "

(c) fit -paragrafu (2) licgh u minllok il·kliem "Uffitjalli jin ira

,'olo ntarjamem" gl'landh-om ji<!hlu I-klicm "Uffitjal li jinira Jew

,.mienja ,'olontarjament" ,

Malta Government Gazette — Legal Notice 1990 47 — or ~rvitt) (Amt ndRM'nt) Rtgulatlons , 1990

In regula tion 180fthe principal regLllatioll5 forlhe words - and

the application of .section 17 of the said Ordinance to officers

In

commissioned in the force, that section shall apply 11$ it applies to

w

members of the Police Force: there shall be SubsliulIed the words

•

wa nd in lhe application of section 1. subsection (3) of s.:ctio n 11 lInd

section 18 of the !ilIid Ordinance and of regulations 2, 9, 10 and \4 of the

Pension$ Regulations to officers commissioned in the force, those

sections Ilnd regulations sh31l apply as they apply to membeT5 of the

Police Force:~.

S. Immediate ly after regu lation ]8 of the principal regulations

there shall be inserted the following new regulation 18A

=h

·P._to

Malta Government Gazette — Legal Notice 1990 47 — or ~rvitt) (Amt ndRM'nt) Rtgulatlons , 1990

Ofrlccrs commissioned on or after the 15th

January, 1979 shall be el igible for a pension as maybe granted

011.......

in accordance with the Articles and Ruks conulincd in the

ISdlJo.....,.. Third Schedule to the $C regulations ....

,m.

6. Immediately after regulation 29A of the principal regul ations .

the re shall be added the following new regulation 298

" M.~ of'lI<

29A . (I) A man o f the force sha ll h:ve the option to

foo:c ""Y

retire on. or on any day after , completion of twen ly-five years

--.

.. ,ire . ft ..

service irrespeC1ive of any engagement 10 wh ich he is

""~

committed at the lime, on giving tbree month s notice of his

intention to retire in writing. to the Commander through his

Commanding Officer, accordingly.

(2) For th e purposes of paragraph (\) of this

regulation, special reckonable service shall be considered as

service for the co mputation of the twenty·five yea" se rvice.".

7. In regulation 40 of th e principal regu lations for the words "and

in the applicat ion o f section 170fthesaid Ordinance to mcn in the force,

that section shall apply as it applies to me mbers of the Police Force:"

there shall be substit utcd the words Mand in the application of section 7.

subsection (3) of section t I and s.:C1ion 18 of the said Ordinance and

regulations 2. 9, \0 and 1-1 of the Pensio ns Regulations to men in the

force . those sections a nd regulations shall apply as 'hey apply to

members of the Police Force:'".

8. Immediately after regulation 40 of the principal regula tions

there shall be inserted the follollling new regulation -1OA

4OA. Men of the force. enlisted on or after the 15th

January . 1919 shall be eligible for a pension as may be granled

in accordance with the Anicles and Rules contained in the

Third Schedule to these regulations. M,

9. Immediately after the Second Schedule 10 the principal

regulations the re shall be added the following

MTHI RD SCHE DULE

(Regulations 18A and 4OA)

Port I

Pension Article.!

1. These Articles may be ci ted as the Armed Forces of

Malta Pension Articles. 1990.

2. These Articles and the Armed Forces of Malta

Pension Rul es, 1990, hereinafter referred to as '" the Rules".

and which Shall be read as an integral part of these Articles.

shall apply to officers and men retiring on or after the 1st

13nuary, 1990.

3. No pe nsion shall begranted under these Articlesand

the Rules. to any officer or m~n of the force except on his

retirement from the force in an) onc of the following cases

(a) on or aftc r a ttaining the age of fifty-five years

or if he has comple ted twen ty-five years' service in th e

force

(b)

on th e abolition of his office

(c) on compulsory retire ment in accordance with

paragraph (I) of regula tion 14 of the Anned Forces of

Malta (Regular Force) (Appointments and ConditioJJ5

of Service) Regulations, 1970. hereinafter in these

Articles and in the Rules called ··the Regu lations"

(d) on terminat ion of service in accordance with

paragraph (3) of regula tion 14 and subparagraph (h) of

paragraph (1) of regul ation 38 of the Regulation s.

4, (I) A pension granted to an offICer or man of the

force under these Articles Shall not exceed two-thirds of tne

highest pensionable emoluments drawn by him at any ti me in

the course of his service in the force .

(2) For the pu rpose o f the preceding suba rticle an

additional pensio n granted in respect of injury shall nOI be

take n into aocount ; but wliere an officer or man is granted

such an additional pension. the amOUIll o f such addi tional

pension which he may draw shall not exceed onc-sixth of his

highest pensionable emolume nts at a ny lime in the ooun;e o f

lIis se rvice in the force by more IlIan th e sum by which his

pclIsion or pe nsions, apart from such additional pension, falls

short of two-t hirds of such highcst emolumellls.

(3)

For the purpose of these Articles and the

Rules-

" month" means a calenda r month ;

~pensionable emolumen ls~ include-

(i) salary.

(il) personal all owance ,

(iii) one working trade allowance

but does nOI include dul y allowance, en tertainmen t

allowance. house allowancc , the est imated :Innual ren lal

value of free q ua rters, value of nllions, ext ra re muneration,

any fees paid OU I of the Treasury by way of salary or other

emoluments whatsoever;

H

"personal al10wance means a special addition

gran led personally 10 the holder for the ti me being of the

office. but does not include suc h an addition if it is gramed

subject to the co ndit ion that it shall not be pe nsionable;

"oUice r" and "man" mean an office r com missioned

o r a ma n enl isted in the force o n o r afler 15 January. 1979;

"year" mea ns a calendar year.

5. No pcnsioll unde r these Articles shall be assigllable.

transferable or liable to be auached. sequestrated or levied

upon , for or in respeCI of any debt o r cla im whatsoeve r,

excepl in 50 far as is provided in subsect ion (3) of seclion 381

of the Code of Organisa tion and Civil Procedure.

"""""'0 grou 6, nds listed

(I) An o fficer o r man o f the force. who re lircson

red_din be

in I"l ragraph (d) of article 3 to lO.' horn a pension

has bee n granted under these Articles and who is in rece ipt of

(a) a ny rem uneration in respect of any

employme nt. or o f any serv ices rendered, or o f any o fficr

he ld; or

(b) any income deriving from the ue rcisc o f a

lrade, business, profession o r voca l ion: o r

(c) an~ income deriving from an~ pension.

allowance or ot her pa~ment in respect of an~

em plo~menl, service or office aforesaid.

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

twenty· fifth anniversary of his first appointmen t in the force.

whichever is the eartie r, have his pension reduced by the

amount by which th e aggregate income established ill

accordance with the following provisions of this section

exceeds the sala r~ which is then payable in respect of th e post

which the officer or man held on reti rement . taking account

only. if sueh sala ry is incremental, of the COlTCspondi ng

increments earned prior to re tiremen t, or. if such post has

been abolished. an analogous post

Provided Ih at the yearl ~ pension shall in no ease be

reduced to less than th e sum of fifty liri, and if the yearly

pension or other allownace does not uceed the minimum

payable as aforesaid no reduction shall be made therefrom.

(2) For the purpose of subarticle (I) of this article.

the aggregate income shall be esta blished by adding-

(a) the pension whieh. but for the provisions of

this article . would have been receivable unde r these

Articles; and

(b) any remuneration or income referred to in

paragraph (a). (b), or (c) of subarticle (I) of this article.

or both such remuneration and income; and

by subtracting therefrom the year ly sum of fifty liri.

(3) Any red'Jction in the pension under subanicle

(I) of this article shall be calculated on the basis of the

pension. the remuneration or othe r income. and the salary,

receivable during a period of twelve month s en ding on 31st

December of the year in which the reduction is due to be

madc. but. subjcct to any adjustments that may be or become

neces~ary for any reason whatsoever. and in so fa r as

practicable, shall be n13de fro", the monthly or othe r

periodical paymenls of the pension.

(4) Any officer o r man to who m subarticle (I ) of

this anicle applies shall without delay inform th e Aceountant

General. and keep him at all times infonned. of all the

circumstances which render the said subarticle (I) applicable

to him and the e~tent to which it is so applicable, and of any

chan ge in the ci rcumstances or extent aforesaid. and shall

give the Accoun tant General on request. all relevant

information; and if such ofrlcer o r man fails to romply with

any of the provisions of this subartkle any pension to which

he may be <'ntitled under the se Articlcs shall forth .... ith cease

Provided that on good cause being shown the

pension o r ol he r allowance may be n::<;lored . wjlh Or wilhout

retrospecti ve e{(eel, by the Min iste r.

hrl ll

L These rules may be ci ted as th e Armed Fo rces of

Malta Pension Rules. 1990.

2. Subject 10 the provisions of the Regulations, the

..,horn .rod .. Armed Force~ of Malta Pension Articl es 1990. hereinafter in

;;,"= .. 'cs th ese rules ca lled ~ Ihe Artieles and of these Rules. every

M

,

officer and man who has been in tile fo rce for ten years or

upwards, may be granted a pension al the rale o f one four-

hundred and fiftieth of his pensiona ble emol umen ts for each

complet e month o f pe nsionable service. SUbjCCI 10 the limit

described in article 4 o f the Artides.

3. The service in TCSpcx:1 of wh i<;:h a pension may be

granted must be unbro ke n. exce pt in cases whe re the scrvice

has been interrupted by abolitio n of office or normal

termi nation o f engagement, and not arising from terminatiOf.

of servioe in accordance wit h regula tio n 13, paragraphs (I)

and (2) of regulatio n 14 and regulation 38 of the Regulations,

that is o n grou nds of mi sco nduct or volu ntary resignation

Provided that any service prior to a break of service

may be a llowed tocount for pensio n together with anyscrvice

subscq uentto suc h break -

(a) if the whole interve ning period has bee n spe nt

in some other employme nt in Ihcs.c:rvice oIt he Re public;

"'

(b) in the case where an officer or man on the

regular resc rve is called o ut for permanent semce; or

(c) in the case whe re such officer or m;Ifl, havi ng

termi nated his se rvice from the force, is subsequently

recalled in the force with the approval of the Prime

Mi nister on accoun t o f the exige ncies of the fo rce, and

such recall i$ cert iflCd by the Pri me Minister.

~"""'..

4. (I) For the purpose of computing the amount of

:::''''' tak.. the pension of an o ffice r or man who has had a pe riod of not

_ ''' I less than three years' pe nsio nabl e se rvice unde r the Articles

before his ret ire ment -

(a) in th e case of an office r or man who has held

the &ame office for a pe riod of three years immediately

prect:ding the date of his relireme nt . the full annual

pensionable emoluments e njoyed by him at that dale in

respect of that offict: shall be taken;

( b) in thecaseoran o rrlCer o rm an who at any time

during such period of three y.:!an has been po5ted from

one office to anot he r. but wllose pe nsionable

emoluments have I10t been changed by reason of such

po!>ting o r po5tings otherwise than by the grant of any

scale incre ments, the full annual pensionable

emoluments enjoyed by him al the date of hb retirement

in respec: of the office the n held by him shall be laken;

(c) in other cases one th ird of the aggregate

pensionable e moluments enjoyed by the officer or man

in respect of hi s service during the tllree years of lI is

service immedi ately preced ing Ihe da le of his retirement

shall be taken

Providcd thm -

(i) if such onc thi rd is less than the highest

annual pensio nab le e molume nt s enjoyed by him at

the date of any posting withi n such period of three

years those annua l pensionable emolu me nt s sha ll be

ta ken; and

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

pe nsionable emoluments wh ich would have been

enjoyed by him althe date of his relirement. if he

had contin ued to hold any office from wh ich he has

been posted at a ny ti me du ring such period oflhree

years. and had received all scale incremenl$ wh ich,

in the opinion of the Minister would have bee n

granted 10 him. the annua l pensionable emOlume nts

which would have been so enjoyed shall be ta ken.

(2) For the purpose of dete rmining undc r

paragraph ( I) ofthis rule the pcnsionableemoluments tha t an

officer or man has enjoyed orwould have enjoyed. as thecase

may be. he shall be deemed -

(a) to have been on du ty o n full pensionable

emol umenl5 throughou t the period of th ree years

immediately preceding the date of his retireme nt; and

(b) 10 have enjoyed the benefit of any inereasedue

to a re vision of salaries in the pensionable emolume ntsof

any office held by him as if such increase had bee n

payable throughout such period of three years.

(3) For the purpose of computi ng the amo unt of

the pension of an officer or man who has had a pe riod of less

than three years' pensio nable service befo re his ret ire ment -

(a) the average annual pe nsionable emol umenlS

enjoyed by him during such pe riod sha ll be taken;

(b) he shall be deemed 10 have bee n on duly on

full pensionable emolume nts th roughou t such pe riod ;

(c) he shall be deemed 10 have e njoyed the benefit

of any increase due to a revisio n o f sala ries in the

pe nsionable emol umen ts of any office held by him as if

such increase had been payable throughout such period;

"d

(d ) any periods during which he has been absen t

from dUly on leave with ou t sala ry, gra nted on grounds o f

public pol icy with Ihe approval of the President. and

during whiCh he has not qualified for pension in respect

o f ot her public service.

(4) In no circumstances shall tlK: pensiona bl e

emol ume nts to be ta ken exceed the full ann ual pensionable

emolume nts e njoyed by the officer o r man al the da te of hi s

retireme nt in respect o f the o ffice th en held by him.

(5) In the case of a n officer or mall to whom

subparagraph (c) o f pamgraph ( I) of ru le 5 appli es, th e date

of retirement shall

(a) where such officer reaches the age of

re ti reme nt ; or

(b) whe re such o([.eer would I.ave but for his

dismissal completed 25 years' service; or

(c)

where such office r dies;

before his dismissa l has been declared null by lhe co mpetent

aUlhori ty, be dee med to be lhe day 011 which he reaches the

age of retire ment. or the day on which he would have

completed 25 years' service , or on which he died , whiche ve r is

the earl ie r. and his pe nsiona ble emoluments to be ta ke n into

conside ration shall be those which he would have bee n

receiving on such da te had he not bee n so dismissed.

~

5. (1) For the purpose of compu ting the amount of ~, n

off.eer·s orman 's pension the following pc riodsshilll he l;o ken

into account as pensiona ble se rvice

(a) any periods during which hc hllS beell in

service with the culours

(b) lllly pe riods duri ng wh ich hoc h"s hee ll """'-'"l

fmm d Uly 011 leave with full s~l"ry;

(c) any period following dismissal from the force,

where such dismissal is subsequently declared to ha~e

been in~alid by a competent authority. up to the time of

reinstatement, or the date when such officer or man

would have comple ted 25 years' service, or the day on

which such officer or man would have to reti re becauseof

age, or the da:c 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

officers' t01al service in order to arrive at his period of

pensionable service.

(2) For the purposes of subpamgraph (c) of paragraph

(I) of this rule and of paragraph (5) of rule 4. the term

~dismi ssal" shall be deemed to include term ination of service

in terms o f regulations 14 and 38 of the Regulations, and

~dismissed" shall be construed accordingly.

6. Where an officer or man hils performed acting

service in a pensionable office in the force. the period of such

service may be taken into account as pensionable service

under the Articles

Provided that -

(a) the period of sueh acting service was not partof

thl: pen~ionab l c service of the previous hold er of the

office and does not fall to be reckoned as pan of the

officer's or man's own pensionable S("rviee under the

Regulations or Articles in the force;

(b) this period of service is immediately preceded.

or followed by service in a substantive capacity in the

force.

7. If an officer or man retires or is removed from the

,1,0010"00 0<

'«HP"'''' force in consequence of the abolition of his office, or for the

purpose of facilitating improvements in the force, by which

greater efficiency and economy can be effected. he may be

granted a pension

Provided. however. that if he has been in tbe force

(or less than the qualifying period o f ten years. he may be

gr,mled a pension calculated in acrordanee with rule 2 as if

there had been no qualifying period

And provided also that the grant of such pension

sh,1I1 be subject to the condition thal he shall be liable to be

recall('"d to service in the force

Provid('"d further that if such an officer or man is not

(ju,lIifictl fur other employment in the force or if there is no

reason. in the opin io n orthe Min ist er . \0 e~ pcct that heean be

shortly rc-e mpl oyed , 11 pension ma y be granted 10 him free

from the above me ntioned condition .

8. An officer or man whose: office is abolished may be

granted an increase o f his pension a\ the rail' of one-six tieth

pa ri of his ann ua l pensionable emolumenlS for each complete

period of three years' pensiona ble scl"\'iu

Provided -

(a) the addition sha ll in no case exceed ten-

sixtieths; and

(b) no addition sha ll be made so as to qu ali fy an

offlccr or man for 11 pe nsion of highe r an nual value than

Ihat for which he would have been quali fied by le"glll o f

se rvice o n reaching the age al which he may be requ ired

10 retire. or for a pension of highe r annu al value than the

maximum prescribed in an k le 4 of Ihe Ankles.

9. (I)

Whe re a n office r or man has been permanently

injured -

(a)

;n the actual d ischarge of his duly. and

(b)

without his own defa ult , an d

(c) by $Gme injury specifically attributable to Ihe

nature of his d uty,

and his re tirement is hereby necessi tated or m ateri~lIy

attde raled. he may. if he is qua lifi ed for a pens ion under rul e

2, be granted , in addition to the pension grol.nled lohim unde r

Ihal rule, all addit ional pension allhe rale of the proportion

o f his actual pensionable emoluments at the dale of his injury

appropriate 10 his case as sho wn in Ihe following lab le

When his capacity 10 oon tribute to his own support

,,-

slightly impai red .......... fi~e·sixtie ths;

impaired .. ... ... ... ... ...... te n·sixtie ths;

materially impaired .. fift een-sixtieths;

totally destroyed ...... twe nt y-si )ltieths

PI"Q~ided Ihat the amount o f the add itional pension

shall be reduced to such an exte nt as the Minister shall think

reaso nable in the following cases

(i) whe re the injured office r or man has

CQntinued to serve for no t less than onc yea r afle r

Ihe injury in respect o f whieh he retires;

(ii) wllere tile injured officer or mun is at tile

dale of injury wi tlli n Icn ycars of tile age at wll ic ll he

may be required to relire; o r

(i ii) where lbe injury is nOI the sole cau5C o f

reti rement . bUI the rel ireme nl is caused partly by

age o r infi rm ily nol due to lhe injury;

Provided alw Ihatthe total amount of the additiona l

pension shall nOI cxceed Ihe amount prescri bed in subarticle

(2) of artic le 4 of the Art icles .

(2)

An officer or man so injured. whose length of

... ....","Q

offo«..:::.;od service is not sucll as toq ualify him for a pension unde r rule 2,

::;",:';.,.,.",0 may ne verthe less be gramed a pension at the rate o f one fou r-

hund red and fi ftic th of hi s pensionable emoluments for each

comple te monlll o f pensio nable service logelher with ~ ue h

additional pension as might be awa rded to him unde r the

precedi ng pa rt of this rule if he we re qu alified for pensio n.

10. ( 1)

Wbcre an officer or man without his own

"-"'01 defaul1 has bee n killed in the actual discharge of his duty or

:':k~=' has died from such injury specifically aUributable to tbc

nal ure of his duty or has been k.iIled wh ile in the actual

~""".,'" discharge of his duty . a pension may be grant ed 10 his widow.

while unmarried. nOI exceed in g te n-si xtieths of the husband's

pensionable e molume nts al th e day of th e inj ury; a nd a

pension may be gran tcd to each ch ild of such office r or man.

unti l such chi ld a u~ i ns th e age of e ighteen ycar~ . not

exceeding o nc-si xlh o f the rale awarda ble 10 the widow. so

long a the aggrcga tc of the children's pensions do nOI exceed

the rate awardable to th~ widow.

(2) The foregoi ng provision shall apply also incase

the officer or ma n. afler he shall have been pensioned IJnder

rule 9. dies from the direct and immed iale dk-asofthe injury

sllsl3i ned.

(3) If th e o ffi cer's or man's wife predeceases him.

of if no pens ion is gran led to her under lhis section. and he

leaves chi ldren wllo would have b<:en eligible for pension. if ~

pen~ ion h;Ld bee n gra nted to lhe widow. pensions m8Y be

gran ted to them of twi ce lhe amount of the pen ~io n s for whi ch

lhe y would have been e ligible in Ihe circumstances.

(4) If lhe deceased does nOI !cave a widow or

mOlherless chi ldren. bU1 lean's a mothe r who was wholly

dependen t on him for maintenance. the a ..... ard ""hich might

ha~'e bee n made 10 Ihe widow had there been onc left . may be

made to the mothe r. bul it shall cease. if she be a wiOOw. in

case of re marriage .

11. (I) Pensions, comput ed at the role before

mentioned, shall only be granted in case of decidedly faithful

and meritoriO\lS service.

(2) Where the: fidelity and diligence of the: office r

or man faH shoM of the first degree of meri llhc compu\;ltion

may be made al lower rates,".

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