Regulations, 2016

L.N. 354 of 2016

MEMBERS OF THE JUDICIARY (PENSIONS) ACT

(CAP. 564)

Pensions (Members of the Judiciary and Attorney General)

Regulations, 2016

IN EXERCISE of the powers conferred by article 3 of the

Judiciary (Pensions) Act, the President of Malta has made the

following regulations:-

The title of these regulations is the Pensions (Members of Citation.

the Judiciary and Attorney General) Regulations, 2016.

Subject to the provisions of the Members of the Judiciary Entitlement and

(Pensions) Act, hereinafter referred to as "the Act", and of these rates

pensions.

regulations, every Member of the Judiciary and the Attorney General Cap. 564.

after not less than three years of service shall be granted a pension at

the rate of one two-hundred and seventieth of his pensionable

emoluments for each complete month of pensionable service, and

subject to the limit described in article 7 of the Act until the

maximum proportion of two-thirds of such pensionable emoluments

is attained.

(1)

A Member of the Judiciary or the Attorney General Pensions in

who, after not less than three years of service, retires with a service of respect

service of less

less than ten years shall be awarded a pension of one two-hundred and than ten years.

seventieth of his pensionable emoluments for each complete month of

his service as a Member of the Judiciary or as Attorney General,

provided that the minimum rate of pension awarded to a Member of

the Judiciary or to the Attorney General shall not be less than sixty,

two hundred and seventieth of his pensionable emoluments.

(2) A Member of the Judiciary or the Attorney General who,

before the appointment to the Bench or to the office of Attorney

General, has served in any other capacity in the public service and

who has been a Member of the Judiciary or Attorney General for not

less than three years, shall be entitled to claim a pension at the rate of

one two hundred and seventieth of his pensionable emoluments as a

Member of the Judiciary or as Attorney General for each complete

month of pensionable service in any capacity until the maximum

proportion of two-thirds of such pensionable emoluments is attained.

For the purposes of this sub-regulation service in any

capacity in a body corporate established by law, in a Commission,

Board or Authority established by law, or in a Government Agency

shall be deemed to constitute public service.

(1)

Any Member of the Judiciary or the Attorney

General to whom a pension is granted under the Act 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) Where a Member of the Judiciary or the Attorney General

is in office on the date of coming into force of these regulations, the

option referred to in sub-regulation (1) shall be exercisable not later

than the day immediately preceding the date of retirement of such

Member of the Judiciary or of the Attorney General.

(3) In the case of a Member of the Judiciary of Attorney

General who has already retired on the date of coming into force of

these regulations, the option referred to in sub-regulation (1) shall not

be applicable, and any pension payable to such Member of the

Judiciary or Attorney General shall only start to be payable as from

the date of coming into force of these regulations.

(4) Subject to the provisions of sub-regulation (2), if a

Member of the Judiciary or the Attorney General exercises the option,

his decision shall be deemed irrevocable so far as concerns any

pension to be granted to him under the Act.

(5) If a Member of the Judiciary or the Attorney General who

has not exercised the option dies before a pension has been awarded

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

gratuity to the widow or widower or to the survivor of a civil union of

the Member of the Judiciary or Attorney General as provided in sub-

regulation (1) as if the Member of the Judiciary or the Attorney

General had, before his death, exercised the option. Such gratuity

shall be granted without prejudice to the pension payable in

accordance with article 12 of the Act,

Every Member of the Judiciary or the Attorney General,

who has not completed three years of service, shall be granted a

gratuity at the rate of half a month’s pensionable emoluments for each

complete two months of service.

Subject to the provisions of the Act, service shall be

deemed to commence on the date when the Member of the Judiciary

or the Attorney General enters upon the duties of his or her office as

prescribed by articles 91 and 101, respectively, of the Constitution of

Malta.

The service in respect of which a pension or gratuity is Service to be

granted must be unbroken except for cases where the service has been unbroken.

interrupted by temporary suspension of employment not arising from

voluntary resignation or by reason of transition between the offices to

which these regulations apply.

(1)

For the purpose of computing the amount of the Emoluments to

pension or gratuity of a Member of the Judiciary or of the Attorney be

pension or

General who has had a period of not less than three years’ gratuity.

pensionable service before his retirement -

(a)

in the case of a Member of the Judiciary or

Attorney General who has held 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 into account;

(b)

in other cases one third of the aggregate

pensionable emoluments enjoyed by the Member of the

Judiciary or Attorney General in respect of his service during

the three years of his service immediately preceding the date of

his retirement shall be taken into account.

(2) For the purpose of determining under sub-regulation (1)

the pensionable emoluments that a Member of the Judiciary or

Attorney General 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 a Member of the Judiciary or Attorney General 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 into account;

(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 Member of the Judiciary or Attorney General at the date of his

retirement in respect of the office then held by him.

The provisions of regulations 22, 22A and 23 of the

Pensions Regulations annexed to the Pensions Ordinance shall apply

to pensions payable under these regulations.

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