CIVIL PROTECTION PENSIONS REGULATIONS

SUBSIDIARY LEGISLATION 411.04

CIVIL PROTECTION PENSIONS REGULATIONS

10th May, 2016

LEGAL NOTICE 167 of 2016, as amended by Act XVI of 2022 and Legal

Notices 314 of 2023, 123 of 2024 and 13 of 2025.

(1) The title of these regulations is the Civil Protection

Pensions Regulations.

(2) These regulations shall apply to all members of the

Assistance and Rescue Force established in terms of article 8 of the

Act.

In these regulations, unless the context otherwise requires -

"Act" means the Civil Protection Act;

"the Department" means the Department of Civil Protection

established by article 3 of the Act;

"the Director General of Civil Protection" means the Director of

the Department of Civil Protection and includes any officer

designated or authorised by the Director General of Civil

Protection to act in his behalf;

"the Force" means the Rescue and Assistance Force established

by article 8 of the Act;

"the Minister" means the Minister responsible for Civil

Protection and includes, to the extent and authority given, any

person or body of persons authorised by the said Minister for any of

the purposes of these regulations.

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

Unions Act.

Subject to the provisions of the Act and of these

regulations, every officer of the Civil Protection who has been in

the force 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

limits provided for in the Retirement Pensions Act.

The service in respect of which a pension may be granted

m u s t b e u n b r o k e n , ex c e p t i n c a s e s w h e r e s e r vi c e h a s b e e n

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 of

Malta; or

CIVIL PROTECTION PENSIONS

(b) in the case where such officer, having resigned from

the Force, is subsequently recalled in the Force with

the approval of the Prime Minister on account of the

exigencies of the Force, and such recall is certified by

the Prime Minister.

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

pension of an officer who has had a period of not less than three

years’ pensionable service under the Act and under these

regulations before his retirement -

(a) in the case of an 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 an officer who at any time during such

period of three years has been transferred from one

office to another, but whose pensionable emoluments

have not been changed by reason of such transfer or

transfers, 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 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 such period of three

years those annual pensionable emoluments

shall be taken; and

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

pensionable emoluments which would have been

enjoyed by him at the date of his retirement, if

he had continued to hold any office 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 the pensionable emoluments

that an 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 of 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 n o ff i c e r w h o h a s h a d a p e r i o d o f l e s s t h a n t h r e e y e a r s ’

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) there shall be taken into consideration 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 of Malta, 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 officer at the date of his retirement in respect of the office then

held by him.

(5) In the case of an officer to whom regulation 6(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 reaches 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 an

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 Force, 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 an officer would

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

on which such officer would have to retire because of

age, or the date when such officer dies, whichever is

the earlier

Provided that 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 sub-regulation (1)(d) and for the

purposes of regulation 5(5), the term "dismissal" shall be deemed

to include "compu lso ry reti rement on the gro und of public

interest", and the term "dismissed" shall be construed accordingly.

Where an officer has 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 Act

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 officer’s

own pensionable service under the Act and under these

regulations in the Force;

(b) this period of service is immediately preceded or

followed by service in a substantive capacity in the

Force.

If an officer retires or is removed from the 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 Force for less than

the qualifying period of ten years, he may be granted a pension

calculated in accordance with regulation 3 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 Force

Provided further that if such an officer is not qualified for

other employment in the Force 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.

An 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 the Retirement Pensions Act.

Where an 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 Force, and

(d) has been duly certified by an Injuries Board, composed

of medical and other professionals, and appointed by

the Minister responsible for Civil Protection,

such officer shall be entitled to pensionable emoluments as if he

had completed the twenty-five years’ service.

(1) Where an officer, without his own default, dies as a

direct and immediate consequence of him having carried out the

duties of his office, his dependants, unless otherwise precluded at

l a w, s h a l l b e e n t i t l e d t o t h e p a y m e n t o f s u c h p e n s i o n a b l e

emoluments as mentioned hereunder.

(2) For the purpose of sub-regulation (1), 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 eighteen years or until such

child attains the age of twenty-three years if attending

a full-time educational institution; or in the absence of

children;

(c) a parent or immediate family relative who was

dependent on him for maintenance for a period of five

years from the death of the officer subject to the

retention of a state of dependency

Provided that the pensionable emoluments granted to the

child or children as provided in this sub-regulation shall be 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) A pension granted to an officer under the Act shall not

exceed two-thirds of the highest pensionable emoluments drawn by

him at any time in the course of his service in the Force.

(2) For the purpose of the preceding sub-regulation an

additional pension granted in respect of injury shall not be taken

into account; but where an 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 Force by more than

the sum by which his pension or pensions, apart from such

additional pension, falls short of two-thirds of such highest

emoluments.

(3)

For the purposes of this these regulations

"month" means a calendar month;

"pensionable emoluments" includes

(a) salary;

(b) personal allowance,

but does not include duty allowance, entertainment allowance,

house allowance, the estimated annual rental value of free quarters,

value of rations, 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;

"officer" means an officer of the Assistance and Rescue Force

established by article 8 of the Act;

"year" means a calendar year.

No pension under these regulations shall be assignable,

sequestrated or levied upon, for or in respect of any debt or claim

whatever, except in so far as is provided in article 318(3) of the

Code of Organization and Civil Procedure.

(1) An officer, who retires on the grounds listed in article

15(v) of the Act, to whom a pension has been granted under the Act

and these regulations and who is in receipt of

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

any services rendered, or 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 twenty-fifth anniversary of his first

appointment in the Force, 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 on

retirement, taking account only, if such salary is incremental, of the

corresponding increments earned prior to retirement, or, if such

post has been abolished, in an analogous post

Provided that the yearly pension shall in no case be reduced

to less than the sum of one hundred and sixteen euro 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 purposes of sub-regulation (1), the aggregate

income shall be established by adding

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

regulation, would have been receivable under the Act

and these regulations; and

(b) any remuneration or income referred to in sub-

regulation (1)(a), (b) or (c), or both such remuneration

and income; and

by subtracting therefrom the yearly sum of one hundred and sixteen

euro and forty-seven cents (€116.47).

(3) Any reduction in the pension under sub-regulation (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 monthly or other periodical payments of the

pension.

(4) Any officer to whom sub-regulation (1) applies shall

without delay inform the Accountant General, and keep him at all

times informed, of all the circumstances which render the said sub-

regulation applicable to him and the extent to which it is

applicable, and of any change in the circumstances or extent

aforesaid, and shall give the Accountant General, on request, all

relevant information; and if such officer fails to comply with any of

the provisions of this sub-regulation, ant pension to which he may

be entitled under the Act and 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.

Pensions, gratuities and allowances payable under these

regulations shall also be payable to the person entitled thereto in

other Member States of the European Community net of any taxes

and transaction charges in accordance with Article 5 of Council

Directive 98/49/EC of the 29th June, 1998 on safeguarding the

supplementary pension rights of employed and self-employed

persons moving within the Community.

Where any officer to whom these regulations apply is

posted in another Member State of the European Union, such

officer shall be entitled to receive adequate information as to his

rights under regulation 16.

(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 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 m ade thereunder, an officer 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 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 of service or

years of additional services have 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 Force, has also satisfied the conditions set out in

reg ul at io n 1 2 an d op ts t o con t in ue t o serve w it h t he F orce

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 12

Provided that this shall be without prejudice to the

possibility of accruing additional pension benefits

Provided further that the provisions of regulation 12(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 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 officers who were deceased on or after

1st January 2022, but before the coming into force of these

regulations.