Prisons Pensions (Amendment) Regulations, 2023

L.N. 313 of 2023

PRISONS ACT

(CAP. 260)

Prisons Pensions (Amendment) Regulations, 2023

IN EXERCISE of the powers conferred by article 12 of the

Prisons Act, the Minister responsible for the prisons with the

concurrence of the Minister responsible for the Department of Social

Security have made the following regulations:-

The title of these regulations is the Prisons Pensions Citation.

(Amendment) Regulations, 2023 and these regulations shall be read

and construed as one with the Prisons Pensions Regulations, S.L. 260.04.

hereinafter referred to as the "principal regulations".

In regulation 2 of the principal regulations, immediately Amends

after the definition "month" there shall be added the following new regulation

definition

"partner" shall have the same meaning as assigned

to it in the Civil Unions Act;".

Immediately after regulation 17 of the principal regulations Adds new

there shall be added the following new regulations

(1) The provisions of this regulation shall

apply to officers in service on or after 1st October 2023

Provided that officers who retired during the

year 2023 because they reached pension age or were

medically boarded out shall also benefit from these

provisions

Provided further that these provisions shall

apply to officers who were reinstated as long as they

serve for a period of at least four (4) years from the date

of reinstatement, as stipulated in sub-regulation (2).

(2) Save as otherwise expressly provided in the

Act and any subsidiary legislation made thereunder, an

officer who has completed the twenty-five (25) years of

service and who decides to remain in service for an

additional period of four (4) years, shall be entitled to an

increase of twenty-three per cent (23%) in his pension.

(3) If the officer continues to serve beyond the

twenty-nine (29) years in the service in accordance with

sub-regulation (2), he shall be entitled to an additional

sum equivalent to six (6) months’ basic salary for each

additional year of service, which additional period of

service for the purposes of the said payment shall not

exceed a maximum of four (4) years of service.

(4) Without prejudice to sub-regulation (3), the

officer shall be granted a gratuity on a pro rata basis if a

full year or years of additional service has not been

completed due to illness or if the officer has reached

retirement age as defined in the Social Security Act.

(5) Gratuities in accordance with these

regulations shall be payable on retirement of the officer

or on completion of thirty-three (33) years of service.

Where an officer dies before reaching his

emoluments to

pension age as defined in the Social Security Act,

whether he is still in service as well as if he already

retired and is receiving a pension under the Act, the

surviving spouse or partner shall be paid a widows

pension for a period not exceeding five (5) years from

the death of the said officer, or until the date when the

officer would have reached the said pension age,

whichever comes first. The widows pension shall be

equivalent to the proportion indicated in the Twelfth

Schedule to the Social Security Act, equivalent to two-

thirds of the basic salary of the officer on his death or on

his retirement, as applicable

Provided that the pension shall only be

granted if the said officer has served for a period of at

least ten (10) years

Provided further that the provisions of this

regulation shall apply retroactively in case of officers

who were deceased on or after 1st January 2022, but

before the coming into force of these regulations.".

€0.18