Appointments and Conditions of Service of the Regular Force

L.N. 126 of 2024

MALTA ARMED FORCES ACT

(CAP. 220)

Appointments and Conditions of Service of the Regular Force

(Amendment) Regulations, 2024

IN EXERCISE of the powers conferred by article 4 of the Malta

Armed Forces Act, the President of Malta has made the following

regulations:-

The title of these regulations is the Appointments and Citation.

Conditions of Service of the Regular Force (Amendment) Regulations,

2024 and these regulations shall be read and construed as one with the

Appointments and Conditions of Service of the Regular Force S.L. 220.03.

Regulations, hereinafter referred to as the "principal regulations".

Immediately after sub-regulation (5) of regulation 12A of Amends

the principal regulations, there shall be added the following new sub- regulation

of the principal

regulation

regulations.

"(6) Where an officer who has completed twenty-five (25)

years of service and has also satisfied the conditions set out in

item 11(1) of Part II of the Third Schedule opts to continue his

service thereafter, the said officer shall be entitled to the pension

payable upon the completion of twenty-five (25) years of

service, notwithstanding any event which may occur during the

period subsequent to the completion of the said twenty-five (25)

years of service and which may give rise to the applicability of

the provisions of item 11(2) of Part II of the Third Schedule

Provided that this shall be without prejudice to the

possibility of accruing additional pensions benefits

Provided further that the provisions of item 11(2) of

Part II of the Third Schedule shall apply to the pension payable to

the officers referred to in this regulation for the period subsequent

to the completion of the said twenty-five (25) years of service.".

Immediately after regulation 48 of the principal regulations Adds new

regulations to

there shall be added the following new regulations

the principal

regulations.

48A. (1) The provisions of this regulation

"Increase in

pensionable

shall apply to men of the force who are in service on

emoluments.

or after 1st October 2023

Provided that men of the force 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 men of the force who were reinstated

as members of the force 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, a man of the force who has completed

the twenty-five (25) years of service and who

decides to remain in the force 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 a man of the force 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 man of the force shall be granted a gratuity on a

pro rata basis if a full year or years of additional

service have not been completed due to illness or if

the man of the force 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

man of the force or on completion of thirty-three

(33) years of service.

(6)

Where a man of the force who has

completed twenty-five (25) years of service and has

satisfied the conditions set out in item 11(1) of Part II

of the Third Schedule opts to continue his service

thereafter, the said man of the force shall be entitled

to the pension payable upon the completion of

twenty-five (25) years of service, notwithstanding

any event which may occur during the period

subsequent to the completion of the said twenty-five

(25) years of service and which may give rise to the

applicability of the provisions of item 11(2) of part II

of the Third Schedule

Provided that this shall be without

prejudice to the possibility of accruing additional

pensions benefits

Provided further that the provisions of

item 11(2) of Part II of the Third Schedule shall apply

to the pension payable to the men of the force

referred to in this regulation for the period subsequent

to the completion of the said twenty-five (25) years of

service.

48B. Where a man of the force dies before

reaching his 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 man of the

force, or until the date when the man of the force

would have reached the said pension age, whichever

is the earliest. 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 man of the force

on his death or on his retirement, as applicable

Provided that the pension shall only be

granted if the said man of the force has served in the

force for a period of at least ten (10) years

Provided further that the provisions of

this regulation shall apply retroactively in case of

men of the force who were deceased on or

subsequent to 1st January 2022, but before the

coming into force of these regulations.".

€0.36