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Maltese Laws |
PENSIONS ORDINANCE
To repeal and re-enact with amendments the law relating to the grant of pensions, gratuities and other allowances to persons in the Public Service of Malta, and to the grant of pensions and gratuities to dependants in certain cases.
1st April, 1937
ORDINANCE XVII of 1937, as amended by Ordinances: XIII of 1939, XXXI of 1940, XV of 1944, X, XXVI and XXXVIII of 1946, XXVI of 1947; Proclamation XI of 1947; Acts: XIII, XIV and XLVI of 1948, XXII of 1956; Emergency Ordinance VI of 1958; Ordinances: VI of 1959, I of 1960, XX of
1961, I and XXV of 1962; Legal Notice 46 of 1965; Acts: LVIII of 1974 and
VIII of 1975; Legal Notice 148 of 1975; and Acts: XXII of 1976, XVI of
1977, XII of 1979, XLIX of 1981, XIII of 1983, V of 1988, IX of 1990 and VII of 1992; and, in regard to the regulations contained in the Schedule, by Government Notices: 128 and 259 of 1939, 430 of 1940, 24 of 1941, 177
and 509 of 1943, 178 of 1944, 357 of 1947, 448 of 1948, 140 and 698 of
1949, and 600 of 1955; Act XXII of 1956; Government Notice 338 of 1957; Emergency Ordinances: VI and XIV of 1958; Legal Notices: 7 of 1961 and
1 of 1962; Ordinance XXV of 1962; Legal Notices: 46 of 1965, 3 of 1966.
65 of 1967, 55 of 1970 and 34 of 1971; Act LVIII of 1974; Legal Notice 148 of 1975; Acts: XXII of 1976 and XI of 1977; Legal Notices: 38 of 1980, 20 of 1981, 21 of 1987 and 27 of 1988; Acts: VIII and IX of 1990, VII of 1992,
XVI of 1997, VIII of 1999 and XV of 2002; Legal Notice 211 of 2004; Acts
II and XIX of 2006; Legal Notice 408 of 2007; and Acts XV of 2009 and I of
2010.
"correctional services officer" means any officer appointed to the public service before the 15th January, 1979 and who
occupies any post listed in the Schedule to the Prisons Pensions Regulations;
"month" means a calendar month;
"officer" means a person substantively appointed to an office in respect of which a pension or retiring allowance may be
granted under this Ordinance.
In case of any question or dispute arising as to whether a person is to be regarded as an officer for the purpose of this Ordinance
or of any regulations made thereunder the decision of the President of Malta shall be final;
"pensionable emoluments" -
(a) in respect of service in Malta, includes - (i) salary,
(ii) personal allowance,
but does not include duty allowance, entertainment allowance, house allowance, the estimated annual
Short title.
Interpretation. Amended by: X. 1946.2;
Procl. XI of 1947; XIII. 1948.2; XLVI. 1948.5;
XXII. 1956.2; VI. 1958.2;
I. 1960.2;
XX. 1961.17;
I. 1962.2;
XXV. 1962.2;
LVIII. 1974.68;
XXII. 1976.4;
XVII. 1977.47;
VII. 1992.2;
XVI. 1997.9;
VIII. 1999.2;
XIX. 2006.17.
S.L. 260.04
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 whatever;
(b) in respect of other public service, means emoluments which count for pension in accordance with the law or regulations in force
in such service;
Provided that, with respect to officers who retire or die in service between the 1st day of January, 1991 and the 1st day of January,
1993 and who occupied a post on retirement or death in service the scale of salary of which is, on or after their retirement
or death in service, increased in accordance with the Public Service Reform of 1991, the salary of such officers on
their last day of service before retirement or death, as the case may be, shall, for the purpose of this Ordinance, but
with effect only from the date of such increase, be deemed to be the salary as increased in accordance with such reform, no
account however being taken of any increases granted for any increase in the cost of living after the retirement or death in service
of such officers; and any pension and, or, gratuity payable in accordance with this Ordinance in respect of such officers
shall, with effect from the date of any such increase in accordance with such reform as aforesaid, be adjusted as if the salary on
their last day of service was that which would have been payable according to such increase as aforesaid had they remained
in the service:
Provided further that, in the case of an officer who retires between the said dates and dies subsequent to retirement between the
dates aforesaid, any gratuity or commuted pension shall be adjusted on the dates of such increase as aforesaid;
"pensionable office" means -
(a) in respect of service in Malta, an office which has been declared by the President of Malta, by a notification in the Government
Gazette, to be a pensionable office; and any such office may at any time be declared by the President of Malta, by a
notification in the Government Gazette, to be no longer pensionable; but where any office is thus declared to be
no longer pensionable, then so long as any person holding that office at the time of the declaration continues therein, the office
shall, as respect that person, continue to be a pensionable office;
(b) in respect of other public service, an office which is a pensionable office under the law or regulations in force in such
service;
(c) the office of Auditor General or Deputy Auditor
General, or any office in the National Audit Office;
"personal allowance" means a special addition to salary 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;
"prisons officer" shall have the same meaning assigned to it by article 2 of the Prisons Act;
"public service" means service of a civil capaci t y un de r th e Government of Malta or such other servic e as the President
of Malta may determine to be public service for the purposes of any provision of this Ordinance or of the regulations made thereunder;
"salary" means the salary attached to a pensionable office, or where provision is made for taking service in a non-pensionable
office into account as pensionable service, the salary attached to that office;
"service in Malta" means service in a civil capacity under the Government of Malta and, in respect of members of the teaching
st aff of th e Un iver si ty of Malta who se rig h ts u nder any of th e provisions of this Ordinance are saved under the proviso
of article
48(2) of the Education Act, and of officers or employees of the Government of Malta who at any time during their service in a civil capacity under the Government
of Malta are detailed to perform duty at the University or with the Malta Government Tourist Board or with Enemalta or with the
Malta Broadcasting Authority shall be d e emed to i n clu d e servi c e in th e Un iv er si ty or with t h e Mal t a Go ve rn ment
To ur ist Board or with Enemalta or with th e Malt a Broadcasting Authority as the case may be;
"year" means a calendar year.
(2) Nothing in this Ordinance or in any amendment made thereto from time to time shall, unless the contrary intention
is exp l i c it ly st at ed, be in ter p ret e d as gran ti ng , or as ever having granted, a right, to any person who has been
in the service of Malta or to his legal representatives or dependants, to a pension, gratuity or other allowance under this Ordinance,
that is not, or that was not at any tim e, quali fied by the requiremen t of a cred itabl e performance by such person
Cap. 260.
Cap. 327.
Provided that until varied or revoked by any such regulations, the regulations contained in the Schedule shall be in force.
(2) The said regulations and any regulations varying or revoking the same as aforesaid, shall have the same force
and effect for all purposes as if they were contained in this Ordinance, and the term "this Ordinance" shall in the following
articles be read and construed accordingly.
(3) Whenever the President of Malta is satisfied that any regulation made under this article should have retrospective
effect in order to confer a benefit upon, or remove a disability attaching to
President may make pension regulations. Amended by: XXXVIII. 1946.2; XIII. 1948.2;
XIV. 1948.2; VI. 1958.2;
XXV.1962.2; L.N. 46 of 1965;
LVIII. 1974.68
an y person or c l ass o f person s, th at reg u l a ti on m a y be gi ven retrospective effect for that purpose.
(4) No regulation made under this article shall have effect unless it has recei v ed the p r ior approval of th e Ho use
of Representatives signified by resolution.
(5) Any pension or gratuity granted under this Ordinance shall be computed in acc ordance with t h e prov isi ons in force at the
actual date of an officer ’s retirement.
Pensions, etc., to be charged on the revenues of Malta. Amended by:
VI. 1958.2; XXV.1962.2; L.N. 46 of 1965; LVIII. 1974.68.
Pensions not of right
Amended by:
VI. 1958.2;
XXV. 1962.2;
LVIII. 1974.68;
L.N. 148 of 1975.
(2) Where it is established to the satisfaction of the President of Malta that an officer has been guilty of negligence, irregularity or m i scond uct, the pension , g r atu ity or other allo wance m a y be reduced or altogether withheld.
Service not qualifying for pension.
(a) while on probation or agreement, unless without break of service he is confirmed in a pensionable office in Malta or in an office
in other public service which is at the time of confirmation pensionable under the pension regulations applicable to
such service; or
(b) while under the age of eighteen:
Provided that the provisions of paragraph (b) shall not apply to an o f ficer or o t h e r person in th e service of Ma lta at the commencement of this Ordinance.
Circumstances in which pension may be granted. Amended by:
XIII. 1939.2; XIII. 1948.2;
XLVI. 1948.2; XXII. 1956.3; VI. 1958.2;
I. 1962.3; XXV. 1962.2; LVIII. 1974.68;
L.N. 148 of 1975; XXII. 1976.4;
IX. 1990.2;
VIII. 1999.3;
II. 2006.3.
(a) (i) on or after attaining the age of sixty years, or
(ii) in the case of an officer with other public service, on or after attaining the age of fifty-five years, or
(iii) in the case of a correctional services officer or a member appointed to the Police Force, on or after attaining the
age of fifty-five years or, if he has completed twenty-five years’ service as a correctional services officer or in
the Police
Force, or
(iv) in special cases, with the approval of the President of Malta, on or after attaining the age of fifty years;
(b) in the case of transfer to other public service, on or after attaining the age at which an officer is permitted by the law or
regulations of the service in which he is last employed to retire on pension or gratuity;
(c) on the abolition of his office;
(d) on compulsory retirement for the purpose of facilitating improvement in the organization of the department
to which he belongs, by which greater efficiency and economy can be effected;
(e) on medical evidence to the satisfaction of the President of Malta that he is incapable by reason of some infirmity of
mind or body of discharging the duties of his office and that such infirmity is likely to be permanent;
(f) in the case of termination of employment in the public interest as provided in this Ordinance;
(g) on relinquishing his office in the service of Malta with Government approval to take up appointment in a full time post in the
University of Malta:
Provided that such officer shall not be entitled to any pension or gratuity in respect of his office in the service of Malta
except as from the date on which he attains the age on which he is permi tte d b y t h e law or b y t h e statu t e or re gul ati
ons of th e University of Malta to retire with or without a pension:
Provided further that where an officer relinquished his office i n t h e serv ice of Malta after 31 December, 19 78 to take up employment
with the University of Malta, service with the University of Malta shall be deemed to be service with Government:
Provided further that where such officer retires from the service of the University of Malta before attaining the age of sixty for
any of the reasons set out in paragraphs (c), (d), (e) and (f) it shall be lawful for the President of Malta to authorize the grant of a pension as from the actual date of the officer ’s retirement.
(2) A gratuity in accordance with the provisions of this Ordi nance may be granted t o a fem a le officer who resigns her
office fo r the re ason that she has married or is about to marr y, notwithstanding that she is not otherwise eligible under this
article for the grant of any pension, gratuity or other allowance.
Retirement on the ground of public interest. Substituted by: XXII. 1956.4. Amended by:
VI. 1958.2; XXV. 1962.2; LVIII. 1974.68; IX. 1990.3.
Termination of service to take up employment with designated company or entity. Added by:
VII. 1992.3. Amended by: II. 2006.4.
8. Where an officer ’s service is terminated on the ground that, having regard to the conditions of the public service, the usefulness of the officer thereto and all the other circumstances of the case, such termination is desirable in the public interest, and a pension, gratuity or other allowance cannot otherwise be granted under the provisio ns of this Ordinance, the President of Mal ta may, i f he thinks fit, grant such pension, gratuity or other allowance as he thinks just and proper, not exceeding in amount that for which the officer would be eligible if he retired from the public service in the circumstances described in article 7(1)(e).
*8A. Where an officer ’s or other employee’s service is terminated in order that he may, with the approval of the President of Mal t a, take up ful l time emp l oyment wit h such com p any or entity as may be designated by an Order of the President of Malta for the purposes of this article, the employment of that officer with th at comp any or enti ty shall b e deemed to be service with the Government for the purposes of this Ordinance, and such employee shall be entitled to a pension or gratuity, as the case may be, under this Ordinance u pon the t e rm ination of his service with such company or entity as if such service were servi c e with the Government:
Provided that, where the termination of such service with the company or entity is due to the winding up of such company or entity
whether voluntary or otherwise or due to its bankruptcy, such termination shall be considered as if it were due to abolition of
office:
Provided further that no such Order shall be made unless such comp any or entit y shal l first hav e b ound itself with the Government
to contribute towards the Government the difference between the cost of the pension or gratuity payable at the time of retirement
from the company or entity and the cost of the pension or gratuity, as the case may be , computed at the time of the termination
of the service with the Government for the aforesaid reason of full time employment with the company or entity:
Provided further that for the purpose of establishing the date of the termination of the service with the Government with a view to
calculating the contribution due by the company or entity towards the cost of pension and, or gratuity, as the case may be, such
date shall be deemed to be, and to have always been, either the date when an officer was detailed for service or otherwise commenced
performing his duties with the company or entity from which he eventually retired, or the date when an officer took up full time
employment with the company or entity, whichever is the earlier.
Calculation of pensionable emoluments in certain cases. Added by:
XV. 2002.3.
*See S.L. 93.01
employment with such corporation or entity, service with the said corporation or entity shall, for the purposes of the Ordinance in
so fa r a s a p p l ic ab le t o h i m, b e de emed to be se rvice with the G overnment , th e p e n s ionabl e emo l ument s of
such of fi cer o n retirement sh all be d e emed t o be the pen s i onab l e emoluments established in accordance with the following
subarticles:
Provided that nothing in this article shall be deemed to detract from any rights granted to any officer in virtue of article 8C.
(2) The pensionable emoluments of an officer to whom su barti c le (1 ) ap ply shal l be deemed to b e the p e nsionabl
e emoluments payable to an officer in Government service in a grade and at the incremental level correspon di ng to th e p o st
and incremental level at which the officer retires from the company, corporation or entity as the case may be.
(3) For the purposes of subarticle (2), posts and salary grades with the respective company, co r por at ion or enti ty sh all
b e classified in the most nearly corresponding grades and incremental l e vel under the Governmen t of Malta by reference to jo
b description, skills, responsibilities and other analogous factors.
(4) The classification referred to in subarticle (3) shall be carried out by a board in respect of each company, corporation
or en tity com posed of a ch ai rman app o inted b y the Mini ster responsible for finance and two other members, one appointed
by the Minister responsible centra lly fo r person nel p ol ici es i n th e public service and one appointed by the Minister responsible
for the company, corporation or entity, if any, and in cases where no such ministr y exis ts, by the Mini ste r responsible for
industrial relations. The classification shall in each case be subject to the final approval of the Minister responsible for finance.
(5) Such classification shall take place within three months of any adjustment of salaries of employees in Government Service
and, or, of employees of the company, corporation or entity as the case may be.
(6) No post shall be classified in a grade higher than Grade 3 in th e service of the Govern ment or such other grade that t
h e Minister responsible for finance may, from time to time, by notice in the Gazette determine.
Provided that in no case shall such pensionable emoluments be higher than those payable to an officer in grade 3 in the service of the Government or such other grade as the Minister
Calculation of pensionable emoluments of officers with particular entities. Added by:
XV. 2002.3. Amended by:
XV. 2009.49; I. 2010.7.
Minister may extend provisions of article 8A. Added by:
XV. 2002.3.
Pension of certain public officers. Added by:
XV. 2002.3. Amended by:
II. 2006.5; XIX. 2006.17.
responsible for finance may, from tim e to time by notice in the
Gazette, establish.
(2) The companies, corporations or entities to which this article applies are:
(a) the University of Malta, the Malta Government Tourist Board, Enemalta, and the Malta Broadcasting Authority, in
each case referred to in the definition "service in Malta" in article 2;
(b) Malta International Airport plc, Public Broadcasting Services, Malta Financial Services Authority, the Junior College,
Water Services Corporation, Maltapost plc, Posta Ltd., Planning Authority, Malta Environment and Planning Authority,
Public Transport Authority, Authority for Transport in Malta, Telemalta Corporation, Maltacom plc, National Audit Office, Management
Systems Unit, Malta Information Technology and Training Services Ltd and Malta Information Technology Agency.
8A or with the provisions of article 8B(1) or with any of the entities referred to in article 8C(2) (hereinafter referred to as the
relevant
ar ti cl es) , in o r der to tak e up empl oy ment wi th a comp any designated in article 8A or with the respective entity referred
to in
the relevant articles, as the case may be, and, upon the making of such an order by that Minister, the provisions of article 8A or
8C, as the case may be, shall apply to such persons as if such persons
were at the time of making the said Order, officers or employees of the Government.
Provided that nothing in this article shall be deemed as red u cing any p e nsion to whi c h su ch offi cer would but fo r the provisions
of this article have been entitled to.
(2) The offices referred to in subarticle (1) are the following: (a) Cabinet Secretary;
(b) Permanent Secretary;
(c) Headship positions under a performance agreement;
(d) Ambassador, High Commissioner or other principal
representative of Malta in any other country, when appointed from the public service in terms of the proviso to article 111(1)
of the Constitution of Malta and provided that, prior to such appointment, the holder of any of the said offices was eligible for appointment as a head
of a department of Government in terms of article
92(4) of the Constitution of Malta.
Retrospective
effect of orders and
authorisations.
Added by:
XV, 2002.3.
Provided that -
(i) an officer with other public service, other than a judge, Attorney General or magistrate may be required by the President
of Malta to retire at any time after he attains the age of fifty-five years;
(ii) a correctional services officer or a member appointed to the Police force, not being an officer holding the
office of Commissioner of Police, Deputy Commissioner of Police, Director of Correctional Services
or Correctional Manager, may be required by the President of Malta on the recommendation of the Commissioner of Police or
of the Director of Correctional Services, as the case may be, to retire at any time after he attains the age of fifty-
five years or, if he has completed twenty-five years’ service in the Police force or as a correctional services
officer after he attains the age of fifty years.
(2) The provisions of subarticle (1) shall not apply to any officer holding the office of Auditor General or Deputy Auditor
General.
Age of compulsory retirement. Amended by:
XIII. 1939.4; XIII. 1948.2;
XLVI. 1948.3; VI. 1958.2;
I. 1962.4;
XXV. 1962.2;
LVIII. 1974.68;
IX. 1990.4;
XVI. 1997.9;
VIII. 1999.4.
(2) For the purpose of the preceding subarticle an additional pension granted in respect of injury shall not be taken into account; but where an officer is granted su ch an additional pension, th e 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 public service by more than the sum by
Maximum pension grantable.
Amended by:
XXII. 1976.4.
wh ich th e amou nt o f h i s pensi o n o r p e nsio ns, apart fr om such add i t i o n a l pen s io n, fal l s sh or t of t w o - t h i r d s of su ch hi gh est emoluments.
Liability of pensioners to be called upon to take further employment. Amended by:
XXII. 1976.4; XLIX. 1981.6;
IX. 1990.5; VIII. 1999.5.
(2) If a pensioner so called upon declines to accept the office for which he may have been selected, the payment of his pension
may be suspended until he has attained the age of fifty years.
(3) The provisions of subarticles (1) and (2) shall not apply to a pensioner who re tired as a correc ti onal services office r
or as a member of the Police Force on grounds other than those listed in article 7(1)(e).
Pension of officers affected by
medical dispute of
June 1977.
Added by:
V. 1988.2.
(2) Such officer may only be entitled -
(a) to such gratuity with effect from 19th June, 1987; and
(b) to such pension -
(i) with effect from the 19th June, 1987, if he has attained the age of sixty years on or before that date; or
(ii) if he has attained the age of sixty years on or before that date and has been re-employed, with effect from the date of his
retirement; or
(iii) if he has not attained the age of sixty years on the 19th June, 1987 and has not resumed service, with effect from the
date on which he has attained that age; or
(iv) if he has not attained the age of sixty years on the 19th June, 1987 and has resumed service, with effect from the date
of his retirement;
and such pension or gratuity shall, in respect of officers referred to in paragraph (a) and in paragraph (b)(i) and (iii), be computed as if he retired from service in Malta on the day following his last day of effective service.
(3) Any service prior to a break of service may be allowed to count for pension purposes together with any service subsequent to
such break and the provisions of paragraph (b) of the proviso to regulat ion 8 of th e Pen si ons Reg ulati ons shall not appl y, if the break of service -
(a) is due to termination of service under the provisions of the Employment and Industrial Relations Act, as a consequence of the medical dispute referred to in subarticle (1); or
(b) is otherwise a consequence of the said medical dispute. (4) Where the grade or category in which any such officer as is
referred to in subarticle (1) had been employed has ceased to exist
as such or has been absorbed in another grade or category, and such officer had given notice to the Superintendent of Health by the
19th
July, 1987 of his intention to resume duty or accept re-employment, but has declined the offer made to him to resume duty or to accept
re-employm ent in an equivalent grade or category under the
condi tio ns of such post , the p r ov isio ns as con t ained in th is Ordinance regarding the abolition of post may, where applicable,
apply:
Provided that a pension granted as a result of the abolition of post may only be payable with effect from the 19th June, 1987 and
be c o mputed as if su ch abolit ion took place on the last day of effective service of employment.
(5) The provisions of article 19 shall apply in respect of such officer as is referred to in subarticle (1), who has died on or
after the 2nd June, 1977.
Cap. 452.
12. (1) If any officer to whom a pension has been granted under his Ordinance is appointed to another office in the service
of Mal t a, or is or was after h i s retirement app o int e d to an offi ce established b y the Constituti on also being a pensionable office under this Ordinance, and subsequently retires in circumstances in which he may be granted a pension,
or leaves office at the end of his appointment or re-appointment as the case may be, he may be granted in lieu of his previous pension,
a pension computed as if the periods of his service had been continuous, and such pension may be based on his pensionable emoluments
on his previous or final retirement from the service of Malta, or from the said office established by the Constitution, whichever are the greater:
Provided that if, on his previous retirement, he was paid a gratuity and reduced pension, the gratuity if any, to be paid to him on
final retirement shall be reduced by the amount of the gratuity already paid:
Provided further that in the case of an officer who has retired for the first time from one of the offices, posts or positions
mentioned in paragraphs (a), (b) or (c), excluding the proviso, of subarticle (2) of article 2 of the Publ i c Administration Act, the provisions of this subarticle shall only apply if the final retirement from the service of Malta or from the office established
by t he Constitution took place before the 1st January, 2010.
(2) Notwithstanding the other provisions of this Ordinance or of any other law or other regulations, when a person is the holder
of one of the offices, posts or positions mentioned in paragraphs (a), (b) or (c), excluding the proviso, of subarticle (2) of article 2 of the Public Administration Act, such person may, on being re-employed
Pensions affected by
re-employment. Amended by: XXII. 1976.4;
I. 2010.8.
Cap. 497.
Cap. 497.
Malta or on being retained in employment in the service of Malta bey ond th e age o f si xty-one years, durin g su ch p e riod in employment after the age of sixty-one years receive and continue to receive any pension, including any gratuity or commuted pension, without any reduction except as specified under this Ordinance, provided that the said period of re-employment or of retention in employment shall not be taken into consideration for any other purposes of this Ordinance.
Gratuity affected by re-employment. Amended by:
XXII. 1976.4
Government officers appointed to University posts and subsequently rejoining Government service.
Added by: XLVI. 1948.4. Amended by: L.N.148 of 1975.
Provided that the retirement from the University of Malta is for the purpose of immediate re-employment in the service of Malta.
Pensions, etc., not to be assignable, etc.
Cap. 12. Pensions, etc., to
cease on
bankruptcy.
Amended by:
XIII. 1948.2;
VI. 1958.2;
XXV. 1962.2;
LVIII. 1974.68;
XLIX. 1981.6
15. No pension, gratuity, or allowance granted under this Ordinance shall be assignable, transferable or liable to be attached, sequestered, 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.
Provided always that in any such case where a pension or allowance ceases by reason of the bankruptcy of the pensioner, it shall be lawful for the President of Malta, from time to time, during the remainder of such pensioner ’s life or during such shorter period or periods, either continuous or discontinuous, as the President of Malta shall think fit, to cause all or any of the moneys to which such pensioner would have be en entitled by way of pe nsion or allowance had he not become a bankrupt, to be paid to or applied for the maintenance and personal support or benefit of all or any, exclusive of the other or others, of the following, namely, such pensioner himself and any wife, child or children of his, in such proportion and manner as the President of Malta thinks proper and such moneys shall be paid or applied accordingly.
Provided always that the pension or allowance shall be restored with retro s pecti v e ef fect in th e case of a person who after
conviction at any time receives free pardon:
Provided further that where a pension or allowance ceases for the reason aforesaid it shall be lawful for the President of Malta to
cause all or any part of the moneys to which the pensioner would have been entitled by way of pension or allowance, to be paid to
or applied for the b e nefit of any w i fe, child or child ren of the p e nsioner, or after the expiration of hi s sentence, also
for the benefit of the pensioner himself, in the same manner precisely and subject to the same qualifications and restrictions as
in the case of bankruptcy hereinbefore provided.
Pensions, etc., to cease on conviction. Amended by: XIII. 1948.2; VI.1958.2;
XXV. 1962.2; LVIII. 1974.68.
18. (1) With effect from 1st March, 1975, an officer who retires on grounds listed in article 7(1)(e), to whom, whether before or after the said date, a pension or other allowance has been granted under this Ordinance 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 age of sixty years, or if such officer retires as a correctional services officer or as a member
of the Police Force until he reaches the age of fifty-five years, or until the twenty-fifth anniversary of his first appointment
as a correctional services officer or as a member of the Police Force, whichever is the earlier, have his pension or other allowance
reduced by the amount by which the aggregate income established in accordance with the following provisions of this article
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, an analogous
post:
Provided that the yearly pension or other allowance shall in no case be reduced to less than the sum of three hundred and forty- nine
euro and forty-one cents (349.41) in the case of an officer reti rin g before 1st M arch, 19 75 or the sum o f o ne hu ndred and
sixteen euro and forty-seven cents (116.47) in the case of an officer retiring on or after that date; and if the yearly pension or
other allowance does not exceed the minimum payable as aforesaid no reduction shall be made therefrom:
Pension etc., to be reduced in certain circumstances. Amended by:
XIII. 1948.2; VI. 1958.2; VI. 1959.3; XXV. 1962.2.
Substituted by: VIII. 1975.2.
Amended by: XIII. 1983.5;
IX. 1990.6; VIII. 1999.6;
L.N. 408 of 2007.
was in service as a prisons officer previous to his being appointed a correctional services officer, then the date he commenced service
as a prisons of ficer shall be deemed the date of his first appointment as a correctional services officer for the purposes of
this subarticle.
(2) For the purposes of subarticle (1), the aggregate income shall be established by adding -
(a) the uncommuted pension or other allowance which, but for the provisions of this article, would have been receivable under
this Ordinance; and
(b) any remuneration or income referred to in subarticle (1)(a), (b), or (c), or both such remuneration and income; and
by subtracting therefrom -
(i) in the case of an officer retiring before 1st March, 1975 the yearly sum of three hundred and forty-nine
euro and forty-one cents (349.41); and
(ii) in the case of an officer retiring on or after the said date, the yearly sum of one hundred and sixteen euro and forty-seven
cents (116.47).
(3) Any reduction in the pension or other allowance under subarticle (1) shall be calculated on the basis of the pension
or other allowance, the remuneration or other income, and the salary, receivable duri ng a period of twelve mon t hs endi ng on 3lst
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 or
other allowance.
(4) Any officer to whom subarticle (1) applies shall without delay inform the Accountant General, and keep the Accountant General
at al l tim es inform ed , of all the circum st an ces which render the said subarticle (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 Accountant General, on request,
all relevant information; and if such officer fails to comply with an y of the pro v ision s of th is subarticle any p e nsio n or
oth e r allowance to which he may be entitled under this Ordinance 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
President of Malta.
(2) Where an officer dies after retirement from service under the Government of Malta having been granted, or having become eligible
for, a pension under this Ordinance and the sums paid or payable to him at the date of his death on account of such pension including
any sum awarded by way of gratuity under regulation 4 of the Pensions Regulations but excluding any additional pension awarded in
accordance with the provisions of regulation 14(1) of the Pensions Regulations are less in total than the amount of his annual pensionable
emoluments, the President of Malta may grant a gratuity equal to the deficiency to his legal representative.
(3) The provisions of this article shall not apply in the case of t h e deat h of an y o f ficer where benefits correspon ding
to the benefits which may be granted under this article are payable under the Overseas Superannuation Scheme in respect of such death.
(4) In this article -
(a) "annual pensionable emoluments" means the emoluments which would be taken for the purpose of computing
any pension or gratuity granted to the officer under this Ordinance if on the date of his death he had retired from the public
service on the ground of ill health;
(b) "commuted pension gratuity" means the gratuity, if any, which might have been granted to the officer under
regulation 4 of the Pensions Regulations if the pensionable service which would be taken for the purpose of computing any
pension or gratuity granted to him under this Ordinance had been wholly in Malta and if, in the case of such officer as is described
in subarticle (1), on the date of his death he had retired from the public service on the ground of ill-health and had elected
to receive a gratuity and reduced pension or, in the case of such officer as is described in subarticle (2), he had before
the date of his retirement elected to receive a maximum gratuity and a correspondingly reduced pension.
(5) For the purposes of this article an officer who has not been confirmed in his of fice and who dies in the circumstances mentioned
in regulation 15 of the Pensions Regulations shall be deemed to have been confirmed in his office.
Gratuity where officer dies in the service or after retirement. Amended by:
XV. 1944.2; XXVI. 1946.2;
VI. 1958.2. Substituted by:
I. 1962.5. Amended by: LVIII. 1974.68;
XXII. 1976.4.
Cap. 16.
(6) The grant of any gratuity under subarticles (1) or (2) or any regulations made under this Ordinance, to the legal representative of a deceased officer, shall not be deemed to affect any right of the widow un der the provisions of the Civil Code relatin g to the community of acquests.
Saving as to members of Police force.
Added by: XIII. 1939.5
Saving as to correctional services officers. Added by:
VIII. 1999.7.
Application of Ordinance. Amended by: XIII. 1939.6; XXII. 1976.4. Substituted by: XII.1979.2.
Pensions granted under former laws.
20A. Subject to the provisions of article 10, where a person has been appointed a correctional services officer, any period previous to that appo int m ent du ring whi c h that p e rso n has serv ed 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 purposes of this Ordinance.
Provided that -
(i) in respect of persons who, though not officers, were in the public service before 15th January,
1979, and in respect of the widow, child or other
relative of any such person, the provisions of this Ordinance shall apply in such manner and to such extent as may be necessary
to give effect to
arrangements concerning such persons made prior to that date;
(ii) any person appointed to the Police force before the 1st February, 1939, may, by giving notice in writing to the Minister responsible
for finance, elect that the law applicable to his case prior to that date shall continue so to apply; and
(iii) the provisions of this Ordinance shall not apply in the case of an officer to whom, by virtue of a notice given under article
5 of the Police Force (Amendment) Ordinance, 1939, the provisions of the articles repealed by that Ordinance apply.
(a) during the period of such service in the said forces, including any period after the determination of the war (in this article
referred to as "military service"), he shall be deemed, for the purposes of this Ordinance, to have been on leave
on full salary from the public service in which he was last employed, and to have held the substantive office last held
by him in that service, prior to military service;
(b) during any period between his leaving the public service for the purpose of serving in the said forces and the date of
his commencing military service, he shall, for the purposes of this Ordinance, be deemed to be on leave without pay, not granted
on grounds of public policy, from the public service in which he was last employed, and to have held the substantive office last
held by him in that service, prior to military service; and during any period between the termination of his military service
and the date of his re-entering the public service he shall, for the said purposes, be deemed to be on leave as aforesaid from
the service, and to have held the substantive office, in which he is re-employed:
Provided that -
(i) this article shall not apply when either period mentioned in paragraph (b) exceeds three months, or such longer period as the President of Malta may in any special case determine; or if the officer
fails, after serving with the said forces, to re-enter the public service otherwise than in circumstances in which he
would be permitted, under the law applicable to the public service in which he is last employed prior to military service,
to retire on pension or gratuity, such circumstances arising not later than the expiration of three months, or such
longer period as may be determined as aforesaid, after the termination of his military service;
(ii) if during any period mentioned in paragraph (a) the officer shall have qualified for pension, or received emoluments in lieu of pension rights, actually in respect of military
service, paragraph (a) shall, as respects that period, have effect as if the words "leave without salary not granted on grounds of public policy"
were substituted for the words "leave on full salary";
(iii) if during his military service the officer shall be injured or killed, he shall not, for the purposes of regulations 14
and 15 of the regulations scheduled to this Ordinance, be deemed to have been injured or killed in the discharge
of his
War service to count for pension purposes.
Added by: XXXI. 1940.2. Amended by:
XIII. 1948.2; VI. 1958.2; XXV. 1962.2;
LVIII. 1974.68; XXII. 1976.4.
duty;
(iv) the provisions of this article which require that the officer shall be deemed to have held a specified office and
to have been on leave from a specified service shall not apply in respect of any period during which he shall actually have
held any other substantive office and have been on leave from any public service;
(v) save where in any particular case the President of Malta otherwise directs, this article shall not apply where the office
in the public service last held by the officer prior to military service was not a pensionable office.
PENSIONS REGULATIONS GENERAL REGULATIONS
Regulations.
Provided that in the case of a correctional services officer or of a member of the Police Force such pension shall be at the rate of one four-hundred and fiftieth of his pensionable emoluments for each complete month of pensionable service, subject to the limits described in article 10 of the Ordinance.
Short title.
Pensions to whom and at what rates to be granted. Amended by: G.N.140 of 1949; L.N. 1 of 1962; L.N. 3 of 1966; L.N. 65 of 1967; IX. 1990.7;
VIII. 1999.8.
(2) A judge of any of the superior courts who, before his elevation to th e Bench, has served in any other capacity
in th e service of Malta and who has not less than ten years in all, including the time in which he served as a judge, may be allowed
to claim a pension at the rate of one three-hundred and sixtieth of his pensionable emoluments as a judge for each complete month
of pensionable service in any capacity.
(3) The Attorney General, after not less than seven years’ service in that capacity, if he is compelled to retire on
account of infirmity of mind or body or when he has attained the age of sixty years, may be awarded a pension of one three-hundred
and sixtieth of h is pensionabl e emol ument s for each comp lete m onth of h is servi c e in that offi ce, u n t il the maxi mum
rat e of two - th ird s is attained:
Provi ded that th e m i ni mu m rat e of p e nsion awarded to th e Attorney General shall not be less than one hundred and twenty
three-hundred and sixtieths of his pensionable emoluments.
(4) If the Attorney General, before being appointed as such, has served in any other capacity in the service of Malta and if he
has not less than ten years’ service in all, including the time in which
Pensions to judges.
Amended by:
G.N. 128 of 1939;
L.N. 3 of 1966;
L.N. 55 of 1970;
LVIII. 1974.68;
L.N. 148 of 1975;
L. N. 20 of 1981;
VIII. 1990.3;
XVI. 1997.9.
he has served as Attorney General, he may be allowed to claim a p e n s i on at the rate of one three-hund red and sixti e t h of
hi s pensionable emoluments as Attorney General for each complete month of pensionable service in any capacity.
(5) A magistrate of the Courts of Magistrates who has been in the service of Malta in a civil capacity for ten years or upwards,
if he is compelled to retire on account of infirmity of mind or body or when he has a t tained the a g e of sixty years may be a
w arded a pension of one three-hundred and sixtieth of his pensionable emoluments for each complete month of pensionable service,
until the maximum rate of two-thirds is attained.
(6) The Auditor General and/or, the Deputy Auditor General who, immediately preceding thei r appointment as su ch, where eligible
for pension under this Ordinance, if they are compelled to terminate their term of office on account of infirmity of mind or body
and thereupon effectively retire from the public service, or have attained the age of sixty on or after the expiry of that term without
it having been immediately renewed or extended may be allowed to claim a pension at the rate of three-hundred and sixtieths of their
pensionable emoluments as Auditor General and/or Deputy Auditor General for each complete month of pensionable service in any capacity
in the service of Malta.
Gratuity and reduced pension. Substituted by: G.N. 357 of 1947. Amended by.
VI. 1958.2:
L.N. 7 of 1961;
XXV. 1962.2;
L.N. 46 of 1965;
LVIII. 1974.68;
XXII. 1976.4.
Provided that if an officer who has so elected retires at an age exceeding sixty, such pension shall be at the rate of three-fourths
of the pension grantable under regulation 2 with the addition of one- twenti et h of the remai n ing fou r th for each comp leted
year of ser vice after attaining the age of sixty, together with a gr atuity equal to twelve and a half times the amount by which
the pension so computed falls short of the pension grantable under regulation 2.
(2) The option referred to in sub-regulation (1) of this regulation shall be exercisable, and if it has already
been exercised may be revoked, not later than the day immediately preceding the date of such officer ’s retirement:
Provided that if the officer does not exercise the option prior to the day preceding the date of his retirement, the President of
Malta may, if it appears to him in all the circumstances equitable so to do, allow him to exercise the option or to revoke such
option if previously exercised at any time between that date and the actual date of award of pension under the Ordinance.
(3) Subject to the provisions of sub-regulation (2), if an officer has exercised the option, his decision shall be irrevocable
so far as concerns any pension to be granted to him under the Ordinance.
(4) If an officer who has not exercised the option dies after he has finally retired but before a pension has been awarded under
the Ordinance, it shall be lawful for the President of Malta to grant a
gratuity and a reduced pension as provided in sub-regulation (1) as if the officer before his death had exercised the option.
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) if the break of service is due to termination of service under the provisions of the Employment and Industrial Relations Act, and any compensation payable in terms of the said provisions has been either waived or refunded before the commencement
of the service following the break in service, and if the Public Service Commission in the public interest
so recommends; or
(c) in the case where an officer, having resigned from the service, is subsequently recalled in the interest of the service on grounds
of public interest, and such recall is so certified by the Prime Minister.
Gratuities where length of service does not qualify for pension.
Gratuity to female officer on marriage.
Added by: XXII. 1956.6. Amended by:
L.N. 65 of 1967. Substituted by: L.N. 34 of 1971.
Amended by: LVIII. 1974.68.
Commencement of service.
Service to be unbroken. Amended by: L.N. 38 of 1980; IX. 1990.7.
Cap. 452.
Emoluments to be taken for computing pension or gratuity. Substituted by:
G.N. 178 of 1944. Amended by:
XXII. 1956.6. Substituted by:
L.N. 1 of 1962. Amended by: L.N. 46 of 1965;
LVIII. 1974.68; IX. 1990.7; VIII. 1999.8.
(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 President of Malta 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 paragraph (1) 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 had been payable throughout such period of three years.
(3) For the purpose of computing the amount of the pension or gratuity of an 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; 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
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 10(1)(e)
applies, the date of retirement shall:
(a) where such officer reaches the age of retirement; or
(b) where in the case of such an officer who had been dismissed when that officer was a correctional services officer or a member
of the Police Force, such officer would but for his dismissal have 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 such officer reaches
the age of retirement, or in the case referred to in paragraph (b) the day on which he would have completed twenty-five years service, or on which he dies, whichever is the earlier, and his pensionable
emoluments to be taken in consideration shall be those which he would have been receiving on such date had he not been
so dismissed.
(a) any periods during which he has been on duty;
(b) any period during which he received half salary from Malta funds while proceeding to Malta on first appointment;
(c) any periods during which he has been absent from duty on leave with full or half salary;
(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 of Malta, and during which he has not qualified for pension or gratuity in respect of other public service;
*(e) any period following dismissal from the service, where such dismissal is subsequently declared to have been invalid by a competent
authority, up to:
Computation of pensions. Amended by:
G.N. 448 of 1948; G.N. 600 of 1955; XIV. 1958.2;
XXV. 1962.2; XXII.1976.4; L.N. 21 of 1987;
L.N. 27 of 1988; IX. 1990.7;
VIII. 1999.08.
*See article 8 of Act IX of 1990.
(i) the time of reinstatement; or
(ii) the date where such officer would have completed thirty years’ service, or in the case of an officer who was
dismissed when that officer was a correctional services officer or a member of the Police Force twenty-five years’ service; or
(iii) the date on which such officer would have to retire because of age; or
(iv) 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) Where a period of service in a civil capacity in respect of which a retiring pens ion can be granted under regulation 16 is
im mediately fo llowed by service in a pensionable offi ce, such period may be taken into account.
(3) Where a period of service in a capacity in respect of which a grat uity can be gran ted under reg u lation 18 , is im mediately
followed by servic e in a pens ionable of fice such pe riod may likewise be taken into account.
(4) For the purpose of computing the amount of the pension or gratuity of an officer who, during some period of his service in
a pen s i onable office i n Malta, has b e en on the activ e l i st of th e Armed Forces of Malta, the whole or any part of such
period during which no pension contributions have been paid by Malta, or if paid, have been refunded, may be taken into account.
*(5) For the purpose of subregulation (1)(e) and of regulation
9(5), the term "dismissal" shall be deemed to include "compulsory retiremen t on th e ground of pu bli c int e rest"
an d t h e term "dismissed" shall be construed accordingly.
Acting service. 11. Where an officer has performed acting service in a pensionabl e offi ce in Malta, th e period of such serv ice may be taken into account as pensionable service:
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 in other public service;
(b) this period of service is immediately preceded or followed by service in a substantive capacity in a pensionable
office in Malta.
Abolition or reorganization of office.
Amended by: LVIII. 1974.68.
*See article 8 of Act IX of 1990.
greater efficiency and economy can be effected, he may be granted a pension:
Provided, however, that if he has been in the service of Malta for less than the qualifying period of ten years, he may be granted
a pension calculated in accordance with regulation 2 as if there had been no qualifying period:
A nd pr ovi ded al so that th e gr an t of su ch p e nsio n shall be subject to the condition that he shall be liable to be r ecalled
to service in Malta:
Provided further that if such an officer is not qualified for other employment in the public service or if there is no reason, in
the opinion of the President of Malta, to expect that he can be shortly r e - e m p lo yed , a p e n s io n m a y b e gr an ted to
hi m f r ee fro m t h e abovementioned condition.
Provided -
(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 article 10 of the Ordinance.
Rates of pension when offices are abolished.
14. (1) Where an officer has been permanently injured - (a) in the actual discharge of his duty, and
(b) without his own default, and
(c) by some injury specifically attributable to the nature of his duty or as a result of enemy action or counter enemy action,
and his retirement is thereby necessitated or materially accelerated, he may, if he is qualified for a pension under regulation
2, be granted, in addition to the pension granted to him under that regulation, an additional pension at the rate of the
proportion of his actual pensionable emoluments at the date of his injury appropriate to his case as shown in the following table:
When his capacity to contribute to his own support is-
slightly impaired ............................................ five-sixtieths; impaired ...........................................................ten-sixtieths;
materially impaired .................................... fifteen-sixtieths; totally destroyed ........................................
twenty-sixtieths:
Provided that the am ount of the additional pension shall be reduce d to suc h an extent a s the President of M alta shall think
reasonable in the following cases:
Officers retiring on account of injuries. Amended by:
G.N. 177 of 1943; VI. 1958.2;
XXV. 1962.2; L.N. 1 of 1962; L.N. 3 of 1966;
L.N. 65 of 1967; LVIII. 1974.68; IX. 1990.7;
VIII. 1999.8.
Pensions to officers when service is less than
10 years.
(i) where the injured officer has continued to serve for not less than one year after the injury in respect of which he
retires;
(ii) where the injured officer is at the date of injury within ten years of the age at which he may be required to retire; or
(iii) where the injury is not the sole cause of retirement, but the retirement is caused partly by age or infirmity
not due to the injury:
Provided also that the total amount of the additional pension shal l not exceed the amount prescribed in article 10(4) of the Ordinance.
*(2) An officer so injured, whose length of service is not such as to qualify him for a pension under regulation 2 but who is qualified for a gratuity under regulation 5, may nevertheless be granted in lieu of such gratuity a pension at the rate of one five-hundred and fortieth, or in the case of an officer who retires as a correctional services officer or from the Police Force, one four-hundred and fiftieth of his pensionable emoluments for each complete month of pensionable service together with such additional pension as might be awarded to him under the preceding part of this regulation if he were qualified for pension.
Pension to widows or officers killed in the discharge of duty.
Amended by:
G.N. 177 of 1943;
L.N. 1 of 1962;
L.N. 65 of 1967;
XIII. 1983.5;
IX. 1990.7;
L.N. 408 of 2007.
(2) The foregoing provision shall apply also in case the officer, after he shall have been pensioned under regulation 14, dies
from the direct and immediate effects of the injury sustained.
(3) If the officer ’s wife predeceases him, or if no pension is granted to her under this article, and he leaves children who
would have been eligible for pension, if a pension had been granted to the widow, pensions may be granted to them of twice the amount
of the pension s for whi c h they wou l d h a v e been el igi b le in th e circumstances.
(4) If the deceased does not leave a widow or motherless children, but leaves a mother who was wholly dependent on him
for maintenance, the award which might have been made to the widow
*See article 8 of Act IX of 1990.
had there been one left, may be made to the mother, but it shall cease, if she be widow, in case of remarriage.
(2) If any such person dies while being employed as aforesaid w h o wo ul d, at th e date o f h i s deat h, have b e en enti tl ed t o a compassionate gratuity had he retired from such employment on the ground of infirmity of mind or body, the President of Malta may, if he thinks fit, g r ant to his legal represent a tive a compassionate gratuity not exceeding the amount of the gratuity which might have been granted to such person if he had retired on the ground of infirmity.
Pension to non- pensionable employees who have served 15 years.
Amended by: VI. 1958.2;
XXV. 1962.2; LVIII. 1974.68.
Substituted by: L.N. 27 of 1988. Amended by:
VII. 1992.4.
Gratuity to female officer.
Added by:
XII. 1956.6.
Amended by:
VI. 1958.2;
XXV. 1962.2;
L.N. 65 of 1967;
LVIII. 1974.68:
L.N. 27 of 1988.
Gratuities.
Amended by:
G.N. 338 of 1957;
VI. 1958.2;
XXV. 1962.2;
LVIII. 1974.68;
XIII. 1983.5;
L.N. 27 of 1988;
L.N. 408 of 2007.
Gratuities and annual allowances in case of injuries. Amended by:
G.N. 177 of 1943; VI. 1958.2;
L.N. 1 of 1962; XXV. 1962.2; L.N. 65 of 1967;
LVIII. 1974.68; XIII. 1983.5; L.N. 27 of 1988;
L.N. 408 of 2007.
(a) in the actual discharge of his duty, and
(b) without his own default, and
(c) by some injury specifically attributable to the nature of his duty or as a result of enemy action or counter enemy action,
and
(d) his retirement is thereby necessitated or materially accelerated,
he may be granted in addition to the retiring pension or gratuity for which he would be qualified by length of service, a gratuity
not exceeding the undermentioned portion of his salary or wages for one year, as the case may be, at the date of the
injury, or two hundred and thirty-two euro and ninety-four cents (232.94), whichever is the lesser, namely:
where his capacity to contribute to his support is -
slightly impaired........................................... one-third
impaired ...................................................... two-thirds
materially impaired......................................... the whole.
Wh en h i s ca pac i t y to c o n t r i bu te t o hi s sup p o r t is t o t a ll y destr oyed, he may receive an annual allo wan
c e exceeding by fifteen-sixtieths of his salary the rate of the pension for which he would have been qualified by length of service
had he been eligible for a pension:
Provided that the total award shall not exceed two-thirds of his salary or wages for one year, as the case may be, at the date of
the injury.
The award under any of the above scales may be diminished by such amount as the President of Malta may think reasonable in the following
cases:
(a) where the injured person has continued to serve for not less than one year after the injury in respect of which he retires; or
(b) where the injured person is fifty years of age or upwards at the date of the injury; or
(c) where the injury is not the sole cause of the retirement but the retirement is caused partly by age or infirmity not due to the
injury.
Provided that the total gratuity shall not be less than forty-six euro and fifty-nine cents (46.59) nor more than one hundred and
thirty-nine euro and seventy-six cents (139.76).
(2) The foregoing provision shall apply also in the case of a person who after he has been in receipt of an annual allowance under
regulation 19 dies from the direct and immediate effects of the injury sustained.
(3) If any such person’s wife predeceases him, or if no pension is gran ted t o her und er t his art icle, and he leaves children
who would have been eligible for gratuity, if a pension had been granted to the wi dow, gratuit i es m a y be granted to them of
tw ice t h e amount of the gratuities for which they would have been eligible in the circumstances.
(4) If the deceased does not leave a widow or motherless children, but leaves a mother who was wholly dependent on him
for maintenance, the award which might have been made to the widow had there been one left, may be made to the mother, but, the award
shall cease, in the case of remarriage of a widowed mother.
Pension to widows of persons killed in the discharge of duty.
Amended by:
G.N. 177 of 1943;
VI. 1958.2;
L.N. 1 of 1962;
XXV. 1962.2;
L.N. 65 of 1967;
XIII. 1983.5;
IX. 1990.7;
L.N. 408 of 2007.
(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.
Good conduct required. Amended by: VI. 1958.2; XXV. 1962.2; LVIII. 1974.68; XI. 1977.2;
IX. 1990.7.
22. Pensions, gratuities and allowances payable under the Pensions Ordinance 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.
Cross-border payments. Added by:
L.N. 211 of 2004.
Cap. 93
Information to persons entitled to pension, gratuity or allowance.
Added by:
L.N. 211 of 2004.
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