PRISONS PENSIONS REGULATIONS

SUBSIDIARY LEGISLATION 260.04

PRISONS PENSIONS REGULATIONS

20th April, 2001

LEGAL NOTICE 88 of 2001, as amended by Legal Notices 423 of 2007,

5 of 2008 and 169 of 2016 and Act XLI of 2016 and Legal Notices 313 of

2023, 125 of 2024 and 15 of 2025.

The title of these regulations is the Prisons Pensions

Regulations.

(Regulation 2)

Director of Correctional Services

Correctional Manager

Assistant Correctional Manager

Correctional Supervisor

Senior Correctional Officer

Correctional Officer

Guard

In these regulations, unless the context otherwise requires

"Act" means the Prisons Act;

"correctional services officer" means any officer appointed to the

public service on or after the 15th January, 1979 and who occupies

any post listed in the Schedule

"Minister" means the Minister responsible for the prisons and

includes, to the extent of the authority given, any person authorised

on that behalf for any purpose of the Act;

"month" means a calendar month;

"partner" shall have the same meaning as assigned to it in the

Civil Unions Act;".

"pensionable emoluments" include -

(i)

salary,

(ii)

personal allowance,

but does not include special duty allowance, extra remuneration,

any fees paid out of the Treasury by way of salary or any other

emoluments whatsoever;

"personal allowance" means a special addition 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;

"year" means a calendar year.

No pension shall be granted to any correctional services

officer except on his retirement from the Department of

Correctional Services after he attains the age of fifty years in any

one of the following cases

(a) on or after attaining the age of fifty-five years or if he

has completed twenty-five years’ service in the

Department of Correctional Services;

(b) on the abolition of his office;

(c) on compulsory retirement for the purpose of

facilitating improvement in the organisation of the

Department of Correctional Services, by which greater

efficiency and economy can be effected;

(d) on compulsory retirement on the ground of public

interest;

(e) on medical evidence to the satisfaction of the Minister

that such correctional services officer is incapable by

reason of infirmity of mind or body of discharging the

duties of his office and that such infirmity is likely to

be permanent

Provided that if a correctional services officer is,

without his own default, seriously injured during the

course of his duties and due to such injury he is

incapable of discharging the duties of his office, and

has been duly certified by an Injuries Board made up

of medical and other professionals appointed by the

Minister responsible for Prisons, such officer may be

entitled to pensionable emoluments as if he had

completed the 25 years’ service

Provided further that, if a correctional services officer,

without his own default, dies as a direct consequence

of him having carried out the duties of his office, his

dependants, unless otherwise precluded at law, will be

entitled to the payment of such pensionable

emoluments, as provided in regulation 16.

Where a correctional services officer’s services is

terminated by the Prime Minister after taking regard of the

conditions of the Department of Correctional Services, the

usefulness of the correctional services officer thereto, and all the

circumstances of the case, and it is considered in the public interest

that he should no longer serve as a member of the Department of

Correctional Services, and a pension cannot otherwise be granted to

him under the provisions of these regulations, such correctional

services officer may be granted a pension not exceeding in amount

that for which he would be eligible if he retired from the

Department of Correctional Services in the circumstances

described in regulation 3(e).

(1) A pension granted to a correctional services officer

under these regulations shall not exceed two-thirds of the highest

pensionable emoluments drawn by him at any time in the course of

his services in the Department of Correctional Services.

(2) For the purpose of the preceding subregulation an

additional pension granted in respect of injury shall not be taken

into account; but where a correctional services 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 service in

the Department of Correctional Services by more than the sum by

which his pension, apart from such additional pension, falls short

of two-thirds of such highest emoluments.

Subject to the provisions of regulation 5 determining the

maximum pension grantable to a correctional services officer,

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 purpose of any

pension that may be granted under these regulations.

No pension granted under these regulations shall be

assignable, transferable or liable to be attached, sequestrated 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.

(1) A correctional services officer who retires on grounds

listed in regulation 3(e), to whom a pension has been granted under

these regulations and who is in receipt of -

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

any services rendered, 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 fifty-five years or until the

twenty-fifth anniversary of his first appointment in the Department

of Correctional Services, whichever is the earliest, have his pension

reduced by the amount by which the aggregate income established

in accordance with the following provisions of this regulation

exceeds the salary which is then payable in respect of the post

which the officer held in retirement, taking account only, if such

salary is incremental, of the corresponding increments earned prior

to retirement, or, if such post has been abolished, an analogous

post

Provided that the yearly pension shall in no case be

reduced to less than the sum of one hundred and sixteen euros and

forty-seven cents (116.47), and if the yearly pension or other

allowance does not exceed the minimum payable as aforesaid, no

reduction shall be made therefrom.

(2) For the purpose of subregulation (1), the aggregate income

shall be established by adding -

(a) the pension which, but for the provisions of this

regulation, would have been receivable under these

regulations; and

(b) any remuneration or income referred to in

subregulation (1)(a), (b) or (c), or both remuneration

and income; and

by subtracting therefrom the yearly sum of one hundred and sixteen

euros and forty-seven cents (116.47).

(3) Any reduction in the pension under subregulation (1) shall

be calculated on the basis of the pension, the remuneration or other

income, and the salary, receivable during a period of twelve months

ending on 31st 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.

(4) Any officer to whom subregulation (1) applies shall

without delay inform the Director General (Social Security), and

keep him at all times informed, of all the circumstances which

render the said subregulation (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 subregulation, any

pension to which he may be entitled under these regulations 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 Prime Minister.

Subject to the provisions of the Prisons Act, and of these

regulations, every correctional services officer, who has been in the

Department of Correctional Services for ten years or upwards, may

be granted a pension at the rate of one four-hundred and fiftieth of

his pensionable emoluments for each complete month of

pensionable service, subject to the limit described in regulation 5.

The service in respect of which a pension may be granted

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

interrupted 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) in the case where such correctional services officer,

having resigned from the Department of Correctional

Services, is subsequently recalled in the Department of

Correctional Services with the approval of the Prime

Minister on account of the exigencies of the

Department of Correctional Services, and such recall

is certified by the Prime Minister.

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

pensions of a correctional services officer who has had a period of

n o t l e s s t h a n t h r e e y e a r s ’ p e n s i o n a b l e se r v i c e u n d e r t h e se

regulations before his retirement -

(a) in the case of a correctional services 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 a correctional services officer who at any

time during such period of three years has been

transferred from one office to another within the

Department of Correctional Services, but whose

pensionable emoluments have not been changed by

reason of such transfer or transfers within the

Department of Correctional Services, otherwise than

by the grant of any scale 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 correctional services

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 the Department of

Correctional Services, within such period of

three

years

those

annual

pensionable

emoluments shall be taken; and

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

pensionable emoluments enjoyed by him at the

date of his retirement, if he had continued to

hold any office within the Department of

Correctional Services 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 Prime

Minister, 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 subregulation (1) the

pensionable emoluments that a correctional services 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 on any increase due to a

revision of salaries in the pensionable emoluments of

any office held by him as if such increase has been

payable throughout such period of three years.

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

a correctional services 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;

(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; and

(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, and during

which he has not qualified for pension in respect of

other public service.

(4) In no circumstances shall the pensionable emoluments to

be taken exceed the full annual pensionable emoluments enjoyed

by the correctional services officer at the date of his retirement in

respect of the office then held by him.

(5) In the case of a correctional services officer to whom

regulation 11(1)(d) applies, the date of retirement shall

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

(b) where such officer would have but for his dismissal

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 he reached the age of

retirement, or the day on which he would have completed twenty-

five years’ service, or on which he died, whichever is the earlier,

and his pensionable emoluments to be taken into consideration

shall be those which he would have been receiving on such date had

he not been so dismissed.

(1) For the purpose of computing the amount of a

correctional services officer’s pension 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;

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

on leave with full or half salary;

(d) any period following dismissal from the Department of

Correctional Services, where such dismissal is

subsequently declared to have been invalid by a

competent authority, up to the time of reinstatement, or

the date when such correctional services officer would

have completed twenty-five years’ service, or the day

on which such correctional services officer would have

to retire because of age, or 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 service in order to arrive at his period of pensionable

service.

(2) For the purposes of subregulation (1)(d) and for the

purposes of regulation 10(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.

Where an officer has performed acting service in a

pensionable office in the Department of Correctional Services, the

period of such service may be taken into account as pensionable

service under these regulations

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 officers’

own pensionable service under these regulations in the

Department of Correctional Services;

(b) this period of service is immediately preceded or

followed by service in a substantive capacity in the

Department of Correctional Services.

If a correctional services officer retires or is removed from

the Department of Correctional Services in consequence of the

abolition of his office, or for the purpose of facilitating

improvements in the Department of Correctional Services, by

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

granted a pension

Provided, however, that if he has been in the Department of

Correctional Services for less than the qualifying period of ten

years, he may be granted a pension calculated in accordance with

regulation 8 as if there had been no qualifying period

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 the Department of Correctional Services

Provided further that if such a correctional services officer

is not qualified for other employment in the Department of

Correctional Services or if there is no reason, in the opinion of the

Prime Minister, to expect that he can be shortly re-employed, a

pension may be granted to him free from the above-mentioned

condition.

A correctional services 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 that -

(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 regulation 5.

Where a correctional services officer has sustained a

physical injury on duty leading to a permanent disability

(a) without his own default, and

(b) during the actual discharge of his duties, and

(c) is due to such injuries incapable of fulfilling any other

role in the Department of Correctional Services, and

(d) has been duly certified by an Injuries Board appointed

by the Minister responsible for Prisons in accordance

with the first proviso toregulation 3(e),

such officer shall be entitled to pensionable emoluments as if he

had completed the 25 years service.

(1) Where the correctional services officer has, without

his own default, died as a direct consequence of him having carried

out the duties of his office, his pensionable emoluments shall be

granted to

(a) the surviving spouse or partner of the deceased until

such spouse remarries or such partner contracts

another union of equivalent status in accordance with

the Civil Union Act, or reaches pensionable age, or in

the absence of an eligible spouse or partner;

(b) the child or children of the deceased until such child or

children attain the age of 18 years or until such child

or children attain the age of 23 years if attending a

full-time educational institution; or in the absence of

children;

(c) a parent or immediate family relative who was wholly

dependent on him for maintenance, for a period of 5

years from the death of the officer subject to the

retention of a state of dependency.

(2) For the purposes of sub-regulation (1)(b) the pensionable

emoluments shall be granted to the child or children equally

divided and in the case of minors, entrusted to their legal guardian

as defined in the Children and Young Persons (Care Orders) Act.

(1) Pensions, computed at the rates before mentioned,

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.

(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

Provided that upon the request of the beneficiary, gratuities

shall be paid at the end of each of the four (4) years covered by this

provision.

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

of service with the Department for Correctional Services, has also

satisfied the conditions set out in regulation 17 and opts to continue

to serve with the Department for Correctional Services 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 regulation 17

Provided that this shall be without prejudice to the

possibility of accruing additional pension benefits

Provided further that the provisions of regulation 17(2) 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.

Where an officer 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

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.