PENSIONS (MEMBERS OF THE JUDICIARY AND ATTORNEY GENERAL) REGULATIONS

PENSIONS (MEMBERS OF THE JUDICIARY

AND ATTORNEY GENERAL)

SUBSIDIARY LEGISLATION 564.01

PENSIONS (MEMBERS OF THE JUDICIARY

AND ATTORNEY GENERAL) REGULATIONS

28th October, 2016

LEGAL NOTICE 354 of 2016.

The title of these regulations is the Pensions (Members of

the Judiciary and Attorney General) Regulations.

Subject to the provisions of the Members of the Judiciary

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

regulations, every Member of the Judiciary and the Attorney

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

pension at the rate of one one hundred and eightieth 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

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

of less than ten years shall be awarded a pension of one one

hundred and eightieth 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, one hundred and eightieth 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 one hundred and eightieth 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.

PENSIONS (MEMBERS OF THE JUDICIARY

AND ATTORNEY GENERAL)

(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

d e e m e d t o c o m m e n c e o n t h e d a t e wh e n t he M e m b e r o f t he

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

granted must be unbroken except for cases where the service has

been 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

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

General who h as had a period of not less than th ree y ears’

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

PENSIONS (MEMBERS OF THE JUDICIARY

AND ATTORNEY GENERAL)

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 Mem ber 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.